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land office of said State, and that it shall appear to the satisfaction of the land agent of said State that such deeds of release do confirm and quit claim to the persons entitled thereto the title to such lands as required by said treaty: And provided also, That if the said parties shall fail to make, or cause to be made, such deeds of release to the whole of said lands, a deduction shall be made, from the compensation herein provided, from the allowance to the parties so failing to release, at the rate of two dollars per acre, for the land not so released,

A question of order was raised by Mr. Grimes, whether the proposed amendment was in order under the thirtieth rule.

The President (Mr. Polk 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 negative,

On motion by Mr. Simmons,

S Yeas..
Nays..

16

23

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

Messrs. Anthony, Clark, Doolittle, Durkee, Fessenden, Foot, Foster, Hemphill, Morrill, Rice, Sebastian, Simmons, Ten Eyck, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Baker, Bigler, Bingham, Bragg, Cameron, Chandler, Collamer, Douglas, Grimes, Hale, Harlan, Johnson, of Arkansas, Johnson, of Tennesse, Kennedy, King, Lane, Latham, Nicholson, Pearce, Polk, Powell, Sumner, Trumbull.

So the Senate decided that the proposed amendment was not in order under the thirtieth rule.

On motion by Mr. Pearce, to amend the bill by striking out, on pages 4 and 5, lines 82, 83, 84, and 85, the words: "For compensation at two and a half per centum to superintendents on disbursements for objects outside their districts, twelve thousand seven hundred and eighty-two dollars and twenty-seven cents,"

The yeas were 21 and the nays 9.

On motion by Mr. Clark,

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

Messrs. Baker, Bingham, Bragg, Collamer, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Johnson, of Tennessee, King, Morrill, Pearce, Polk, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson.

Those who voted in the negative are,

Messrs. Anthony, Chandler, Clark, Green, Hale, Lane, Latham, Powell, Wilson.

The number of senators voting not constituting a quorum of the Senate,

On motion by Mr. Powell, that the Senate adjourn,
It was determined in the negative,

Yeas.....

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6

28

On motion by Mr. Fessenden,

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

Messrs. Bragg, Hemphill, Johnson, of Arkansas, Pearce, Polk, Powell.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark, Collamer, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Kennedy, King, Latham, Morrill, Rice, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson.

It appearing that a quorum of the Senate was now present,
On the question to agree to the amendment proposed by Mr. Pearce,

It was determined in the affirmative,{

On motion by Mr. Clark,

Yeas
Nays..

26

9

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

Messrs. Baker, Bingham, Bragg, Cameron, Chandler, Collamer, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Harlan, Johnson, of Tennessee, Kennedy, King, Morrill, Pearce, Polk, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson.

Those who voted in the negative are,

Messrs. Anthony, Clark, Green, Hale, Hemphill, Latham, Powell, Rice, Wilson.

So the amendment of Mr. Pearce was agreed to.

On motion by Mr Powell, that the Senate adjourn,

It was determined in the negative.

No further amendment being made,

Ordered, That the amendments be engrossed and the bill read a third time.

The said bill, as amended, was read the third time.
On the question, Shall the bill pass?

Yeas......

It was determined in the affirmative, {Nays...

On motion by Mr. Powell,

30

5

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

Messrs. Anthony, Baker, Bragg, Cameron, Chandler, Clark, Collamer, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Hemphill, Latham, Morrill, Pearce, Polk, Powell, Rice, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson. Those who voted in the negative are,

Messrs. Bingham, Green, Johnson, of Tennessee, King, Wilson. So it was

Resolved, That the bill pass, with amendments.

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

The following message was received from the President of the United States, by Mr. Glossbrenner, his Secretary:

To the Senate of the United States:

In compliance with the resolutions of the Senate of the 17th and 18th February, 1858, requesting information upon the subject of the Aves Island, I transmit a report from the Secretary of State, and the documents which accompanied it.

WASHINGTON, February 23, 1861.

The message was read.

On motion by Mr. Foster,

Ordered, That it be printed.

On motion by Mr. Green,

JAMES BUCHANAN.

The Senate proceeded to consider the resolution submitted by him the 11th instant, calling for the correspondence relative to the extradition of one Anderson, a man of color; and

The resolution was agreed to.

Mr. Latham submitted the following resolution for consideration : Resolved, That the Senate take a recess daily on and after the 26th of February from five, p. m., to seven, p. m., until Congress adjourns. On motion by Mr. Green,

The Senate proceeded to consider the amendment of the House of Representatives to the bill of the Senate (S. 366) to provide a temporary government for the Territory of Colorado; and,

On motion by Mr. Green,

Ordered, That the further consideration of the amendment be postponed to and made the special order of the day for to-morrow, at half past eleven o'clock.

On motion by Mr. Pearce,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 899) making appropriations for the support of the Army for the year ending the 30th of June, 1862; and,

On motion by Mr. Fessenden,

The Senate adjourned.

TUESDAY, FEBRUARY 26, 1861.

The Vice-President signed the enrolled bill (H. R. 435) to refund to the Territory of Utah the expenses incurred in suppressing Indian hostilities in the year 1853, and it was delivered to the committee to be presented to the President of the United States.

The Vice-President laid before the Senate the report of the Secretary of the Navy, made in compliance with a resolution of the Senate of the 19th January, 1861, furnishing a detailed estimate of the expense of building and equipping a steel or iron cased gun-boat of the capacity and armament of the United States gun-boat Iroquois; which was read.

Ordered, That it be referred to the Committee on Naval Affairs. The Vice-President laid before the Senate a letter of the Secretary of the Smithsonian Institution, communicating the annual report of

its operations, expenditures, and condition for the year 1860; which was read.

On motion by Mr. Fitch,

Ordered, That the report be printed.

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

Resolved, That five thousand additional copies of the report of the Board of Regents of the Smithsonian Institution for the year ending the 30th of June, 1860, be printed; two thousand for the use of the Smithsonian Institution and three thousand for the use of the Senate: Provided, That the aggregate number of pages contained in said report shall not exceed four hundred and fifty pages, without wood cuts or plates, except those furnished by the Institution.

Mr. Wilson presented three petitions of citizens of Washington city, District of Columbia, praying the immediate passage of the metropolitan police bill now before Congress.

Ordered, That they lie on the table.

Mr. Thomson presented a petition of inhabitants of Springfield township, Pennsylvania, praying the adoption of the compromise measures proposed by Mr. Crittenden and Mr. Bigler.

Ordered, That it lie on the table.

Mr. Thomson, from the Committee on Pensions, to whom was referred the petition of Mrs. Ann Eliza Platt, widow of the late Commander Charles T. Platt, United States Navy, submitted a report (No. 307,) accompanied by a bill (S. 570) for the relief of Ann Eliza Platt, widow of the late Commander Charles T. Platt, United States Navy.

The bill was read and passed to a second reading.

Ordered, That the report be printed.

Mr. Thomson, from the Committee on Pensions, to whom was recommitted the bill (H. R. 654) granting a pension to Thomas Bootle, reported it without amendment and that it ought not to pass.

Mr. Thomson, from the Committee on Pensions, to whom was referred the bill (S. 516) for the relief of Mary Heisinger de Waldegg reported it without amendment and that it ought not to pass.

Mr. Bright asked, and by unanimous consent obtained, leave to bring in a bill (S. 571) granting additional powers to the corporation of the city of Washington in relation to the distribution of Potomac water; which was read the first and second times by unanimous consent, and ordered to be printed.

Mr. Hale asked, and by unanimous consent obtained, leave to bring in a joint resolution (S. 65) authorizing Captain William L. Hudson, of the United States Navy, to accept a diamond brooch for his wife, presented to her by the Emperor of Russia; which was read the first and second times by unanimous consent and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said resolution was read the third time by unanimous consent. Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Dixon presented a memorial of citizens of Seymour, Connecticut, praying the adoption of such measures as will embrace substantially the propositions of the representatives of the border States. Ordered, That it lie on the table.

On motion by Mr. Clark,

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (H. R. 51) repealing a resolution relating to the claim of George Fisher, late of Florida, deceased, approved June 1, 1860; and, no amendment being made, it was reported to the Senate. Ordered, That it pass to a third reading.

The said resolution was read the third time.

Resolved, That it pass.

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

Mr. Bright asked, and by unanimous consent obtained, leave to bring in a joint resolution (S. 66) for the relief of Thomas G. Clemson; which was read the first and second times by unanimous consent, and referred to the Committee on Foreign Relations.

Mr. Morrill, from the Committee on Pensions, to whom was referred the bill (H. R. 537) for the relief of Katharine K. Russell, reported it with an amendment.

The Senate proceeded to consider the said bill, as in Committee of the Whole; and, the reported amendment having been agreed to, and the bill being further amended, it was reported to the Senate, and the amendments were concurred in.

Ordered, That the amendments be engrossed, and the bill read a third time.

The said bill, as amended, was read the third time.
Resolved, That it pass.

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

The Senate resumed the consideration of the amendments of the House of Representatives to the bill of the Senate (S. 11) to provide for the payment of expenses incurred by the Territories of Washington and Oregon in the suppression of Indian hostilities therein in the years 1855 and 1856; and,

On motion by Mr. Lane,

Resolved, That the Senate disagree to the amendments of the House of Representatives to the said bill, and ask a conference on the disagreeing votes of the two houses thereon.

Ön motion by Mr. Lane,

Ordered, That the committee of conference on the part of the Senate be appointed by the Vice-President; and

Mr. Bright, Mr. Lane, and Mr. Cameron were appointed.

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

The Senate proceeded to consider the amendment of the House of Representatives to the bill of the Senate (S. 366) to provide a temporary government for the Territory of Colorado; and

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