manner above prescribed, the sum of one hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, A question of order was raised by Mr. Fessenden whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foot in the chair) submitted the question of order to the decision of the Senate, Is the proposed amendment in order under the thirtieth rule? On motion by Mr. Hale, from the Committee on Post Offices and Post Roads, to amend the bill by inserting the following: SEC. And be it further enacted, That the sum of twelve thousand dollars, deposited by Franklin Haven and his associates with the Post Office Department, required as indemnity for continuance of the Boston post office in its former locality, said post office having since been removed, be refunded to them, deducting therefrom the actual expense of one removal each way, not exceeding six hundred dollars, A question of order was raised by Mr. Fessenden whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foot in the chair) submitted the question of order to the decision of the Senate, Is the proposed amendment in order under the thirtieth rule? On motion by Mr. Johnson, of Tennessee, from the Committee to Audit and Control the Contingent Expenses of the Senate, to amend the bill by inserting: To enable the Secretary of the Senate to make the payment authorized by the resolution of the Senate of twentieth March, eighteen hundred and sixty, to Mrs. E. A. Linn, two thousand six hundred and seventy-two dollars, A question of order was raised by Mr. Fessenden whether the proposed amendment was in order under the thirtieth rule; and The President (Mr. Foster in the chair) submitted the question of order to the decision of the Senate; and, On the question, Is the proposed amendment in order under the thirtieth rule? It was determined in the affirmative, On motion by Mr. Grimes, Yeas..... 25 15 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Anthony, Baker, Bigler, Cameron, Clingman, Crittenden Dixon, Doolittle, Green, Gwin, Hale, Harlan, Hemphill, Johnson, of Arkansas, Johnson, of Tennessee, Lane, Latham, Nicholson, Polk, Powell, Sebastian, Simmons, Ten Eyck, Wade, Wilson. Those who voted in the negative are, Messrs. Bingham, Bragg, Clark, Collamer, Fessenden, Foster, Grimes, Hunter, King, Mason, Morrill, Pearce, Seward, Trumbull, Wilkinson. So the Senate decided that the proposed amendment was in order; and, On the question to agree to the amendment, It was determined the affirmative. On motion by Mr. Latham, from the Committee on Commerce, to amend the bill by inserting: -. SEC. And be it further enacted, That the treasurer of the branch mint at San Francisco, California, be, and he is hereby, directed to pay to Michael Cassin, administrator of the estate of James Cassin, deceased, the sum of three hundred and ninety-one dollars, being the value of twentytwo ounces of gold dust deposited by James Cassin, deceased, in the year eighteen hundred and fifty-five, and by mistake credited to John Cassin, A question of order was raised by Mr. Fessenden whether the proposed amendment was in order under the thirtieth rule, The President (Mr. Foster in the chair) submitted the question of order to the decision of the Senate, Is the proposed amendment in order under the thirtieth rule? On the question to agree to the amendment, It was determined in the affirmative. -. Mr. Dixon, from the Committee on Post Offices and Post Roads, submitted the following amendment: at the end of the bill insert: SEC. And be it further enacted, That the sum of one hundred thousand dollars, or so much thereof as may be necessary for the purpose, be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the payment for marble finished or in preparation for the new custom-house at Charleston, South Carolina, under existing contracts with the government; and the Secretary of the Treasury is hereby directed to pay such sum for such marble, or on account thereof, as shall be proportionate to its full value delivered under said contract, A question of order was raised by Mr. Polk, whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foster in the chair) submitted the question of order to the decision of the Senate; and, On the question, Is the proposed amendment in order under the thirtieth rule? S Yeas.... It was determined in the negative, Nays.. On motion by Mr. Douglas, 14 25 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Anthony, Bigler, Dixon, Durkee, Foster, Hale, Hemphill, Johnson, of Tennessee, Seward, Simmons, Sumner, Ten Eyck, Wilkinsor, Wilson. Those who voted in the negative are, Messrs. Baker, Bingham, Bragg, Bright, Chandler, Clark, Clingman, Doolittle, Douglas, Fessenden, Green, Grimes, Harlan, Hunter, King, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Rice, Wade, Wigfall. So the Senate decided that the proposed amendment was not in order. On motion by Mr. Bigler, from the Committee on Commerce, to amend the bill by inserting the following additional section: SEC. And be it further enacted, That whenever a recovery shall be had on any action brought against any collector of customs, or other person acting as such, for money which may have heretofore been paid, or which may hereafter be paid under protest, by any person or persons, as and for duties, to said collector or other person acting as such, and such moneys shall have been placed to the credit of the Treasurer of the United States in pursuance of law, such collector, or other person acting as such, against whom such recovery may be had, shall not be personally liable for the same, nor shall any execution or other process issue against his person or property thereon; but it shall be the duty of the Secretary of the Treasury to draw his warrant upon the Treasurer for the amount of such recovery in favor of the party or parties by whom such recovery shall be had, directing the said Treasurer to refund the same out of any money in the Treasury not otherwise appropriated, Mr. Hale raised a question of order, whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foster in the chair) submitted the question of order to the decision of the Senate, Is the proposed amendment in order under the thirtieth rule? On motion by Mr. Sebastian, from the Committee on Indian Affairs, to amend the bill by inserting the following: To enable the Commissioner of Indian Affairs to adjust the accounts of Brigham Young, late governor of Utah Territory, and ex-officio superintendent of Indian affairs, for disbursements alleged to have been made by him on account of the Indian service in said Territory, thirtytwo thousand seven hundred and thirty-four dollars and fifteen cents: Provided, That no portion of said accounts shall be paid until a full examination shall have been made in regard to the propriety of the disbursements and the result of such examination, approved by the Commissioner of Indian Affairs and Secretary of the Interior, A question of order was raised by Mr. Fessenden, whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foster in the chair) submitted the question of order to the decision of the Senate. On the question, Is the proposed amendment in order? Yeas It was determined in the negative, Nays. On motion by Mr. Wilson, 11 24 They yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Bigler, Bragg, Clingman, Crittenden, Hemphill, Lane, Mason, Nicholson, Pearce, Polk, Sebastian. Those who voted in the negative are, Messrs. Anthony, Baker, Bingham, Bright, Chandler, Clark, Dixon, Doolittle, Douglas, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Hunter, King, Morrill, Simmons, Sumner, Ten Eyck, Wade, Wilkinson, Wilson. The bill having been further amended, On motion by Mr. Sebastian, to amend the bill by inserting: For the purpose of defraying the necessary expenses of holding a treaty with the Nez Percés tribe of Indians of Washington Territory, and for the payment in full of that portion of their reservation north of the Snake and Clearwater rivers, the sum of fifty thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, the amount thus appropriated to be disbursed by the Commissioner of Indian Affairs under the direction of the Secretary of the Interior, A question of order was raised by Mr. Fessenden, whether the proposed amendment was in order under the thirtieth rule. The President (Mr. Foster in the chair) decided that the amendment was not in order under the rule. The bill having been further amended, On motion by Mr. Powell, that the Senate adjourn, It was determined in the negative, {Nays... On motion by Mr. Fessenden, 6 25 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Bigler, Douglas, Johnson, of Tennessee, Nicholson, Pearce, Powell. Those who voted in the negative are, Messrs. Anthony, Baker, Bingham, Chandler, Clark, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Lane, Latham, Morrill, Rice, Simmons, Sumner, Ten Eyck, Wade, Wilkinson, Wilson. No further amendment being proposed, the bill was reported to the Senate. On motion by Mr. Powell, that the Senate adjourn, Yeas..... It was determined in the negative, Nays. On motion by Mr. Fessenden, 5 27 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Hemphill, Johnson, of Tennessee, Nicholson, Pearce, Powell. Those who voted in the negative are, Messrs. Anthony, Baker, Bingham, Chandler, Clark, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Lane, Latham, Morrill, Rice, Sebastian, Simmons, Sumner, Ten Eyck, Wade, Wilkinson, Wilson. On the question to concur in the amendments made as in Committee of the Whole, -It appearing that a quorum of the Senate was not present, On motion by Mr. Pearce, The Senate adjourned. MONDAY, FEBRUARY 25, 1861. The bill (H. R. 777) for the relief of William Haynie, administrator of Ann Haynie, was read the first and second times, by unanimous consent, and referred to the Committee on Pensions. A message from the House of Representatives, by Mr. Forney, its Clerk: Mr. President: The House of Representatives has passed the bill of the Senate (S. 11) making appropriations for the payment of the expenses incurred by the people of the Territories of Oregon and Washington in the suppression of Indian hostilities therein in the years 1855 and 1856, with amendments, in which it requests the concurrence of the Senate. The Senate proceeded to consider the amendments of the House of Representatives to the bill of the Senate (S. 11) last mentioned; and On motion by Mr. Lane, Ordered, That the further consideration thereof be postponed to and made the special order of the day for to-morrow, at half past eleven o'clock. Mr. Bigler presented a memorial of Citizens of Chester county, Pennsylvania; two petitions of citizens of Jefferson county, Pennsylvania, and a petition of citizens of West Alexander, Pennsylvania, praying the adoption of the compromise measures proposed by Mr. Crittenden. Ordered, That they lie on the table. Mr. Bigler presented a series of resolutions, unanimously adopted by a Democratic State Convention, held at Harrisburg, Pennsylvania, on the 22d instant, deprecating the use of coercive measures against any of the Southern States, approving the conciliatory overtures of the Southern border States, and declaring their hearty concurrence in all reasonable and constitutional measures for the preservation of the Union, consistently with the rights of all the States. Ordered, That they lie on the table. Mr. Bigler, from the Committee on Commerce, to whom was referred the bill (H. R. 626) for the relief of Stephen F. Willis, reported it without amendment. Mr. Sumner presented a petition of citizens of Pennsylvania, a petition of citizens of Havrehill and Bradford, Massachusetts, and a petition of citizens of Massachusetts, against the adoption of any measures by which slavery may be extended into the Territories of the United States. Ordered, That they lie on the table. Mr. Ten Eyck presented a petition of citizens of Bordentown, New Jersey, and a petition of citizens of New Market, New Jersey, in favor of the Union, the Constitution as it is, and the enforcement of the laws. Ordered, That they lie on the table. Mr. Gwin, from the Committee on Post Offices and Post Roads, to whom was referred the bill (H. R. 896) for the relief of D. D. Harrill, reported it without amendment. On motion by Mr. Durkee, Ordered, That William J. Sears have leave to withdraw his petition and papers. Mr. Durkee, from the Committee on Pensions, to whom was referred |