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Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, King, Morrill, Seward, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wigfall, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Bayard, Bragg, Bright, Clingman, Douglas, Fitch, Green, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, Sebastian.

So the motion was agreed to; and

The Senate resumed, as in Committee of the Whole, the consideration of the said bill.

On motion by Mr. Gwin, that the Senate proceed to the consideration of executive business,

Yeas...

It was determined in the negative, {eys..

On motion by Mr. Wade,

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

Messrs. Bragg, Bright, Clingman, Douglas, Fitch, Green, Hemphill, Hunter, Johnson, of Arkansas, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Saulsbury, Sebastian.

Those who voted in the negative are,

Messrs. Anthony, Bigler, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Morrill, Rice, Seward, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wigfall, Wilkinson, Wilson. On motion by Mr. Fitch, that the Senate adjourn,

Yeas....

It was determined in the negative, {ays...

On motion,

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

Messrs. Bragg, Bright, Clingman, Fitch, Foot, Green, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Pearce, Polk, Powell, Pugh, Rice, Saulsbury Sebastian.

Those who voted in the negative are,

Messrs. Anthony, Bigler, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foster, Grimes, Hale, Harlan, King, Morrill, Nicholson, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wigfall, Wilkinson, Wilson. So the motion was not agreed to.

On motion by Mr. Latham,

The Senate adjourned.

SATURDAY, FEBRUARY 9, 1861.

Mr. Bingham reported from the committee, that they presented to the President of the United States, on the 8th instant, the following enrolled bill and joint resolution:

H. R. 972. An act authorizing a loan.

H. R. 71. A joint resolution extending the time for taking testimony on the application of Cyrus H. McCormick for the extension of his patent.

A message from the President of the United States, by Mr. Glossbrenner, his Secretary.

Mr. President: The President of the United States this day approved and signed an act (S. 268) for the relief of Mary K. Guthrie, widow of Presley N. Guthrie.

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

The Vice-President laid before the Senate resolutions adopted by the Democratic State Convention of Ohio, on the 23d January, 1861, in relation to the present disturbed condition of the country, and recommending the call of a convention for the purpose of proposing amendments to the Constitution, accompanied by a letter from the president of the convention requesting that they be laid before the Senate. Mr. Hale objected to the reception of the resolutions; and

The Vice-President submitted the question to the Senate, Shall the resolutions be received? and

It was determined in the affirmative,

Yeas
Nays...

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

Messrs. Anthony, Baker, Bayard, Bigler, Bragg, Cameron, Clingman, Collamer, Crittenden, Dixon, Douglas, Fessenden, Fitch, Foot, Foster, Green, Gwin, Hemphill, Johnson, of Tennessee, Kennedy, King, Latham, Nicholson, Pearce, Polk, Powell, Pugh, Saulsbury, Sebastian, Seward, Ten Eyck, Thomson, Wade.

Those who voted in the negative are,

Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Grimes, Hale, Harlan, Johnson, of Arkansas, Morrill, Sumner, Trumbull, Wilkinson, Wilson.

The resolutions were read.

On motion by Mr. Hale,

Ordered, That they be referred to the select committee appointed under the resolution of the Senate of the 18th December last.

The Vice-President then called up for consideration the resolutions of a meeting of representatives of certain railroad companies held in the city of Washington the 23d of January, which were presented to the Senate by Mr. Crittenden the 28th of January, and to the reception of which Mr. Hale had objected; and

On the question, Shall the resolutions be received,

It was determined in the affirmative.

Ordered, That they be referred to the select committee appointed under the resolution of the Senate of the 18th of December last.

Mr. Seward presented a memorial of citizens of Monroe county, New York, suggesting a plan for the settlement of the existing sectional difficulties.

Ordered, That it lie on the table.

Mr. Seward presented a memorial of citizens of Middletown, Orange county, New York, praying the speedy adoption of such measures as will substantially embrace the proposition of the representatives of the border States.

Ordered, That it lie on the table.

Mr. Seward presented resolutions of the legislature of New York appointing commissioners to meet such commissioners as should be appointed by other States at Washington, District of Columbia, on the invitation of the State of Virginia.

Ordered, That they lie on the table.

Mr. Crittenden presented a petition of citizens of Rowley's, Massachusetts; a petition of citizens of Waldoboro', Maine; a petition of citizens of St. Louis, Missouri; a petition of citizens of Massachusetts; and a memorial signed by 1,000 citizens of Fayette county, Kentucky, praying the adoption of the compromise measures proposed by Mr. Crittenden.

Ordered, That they lie on the table.

Mr. Crittenden presented resolutions adopted by a Democratic State Convention held at New Haven, Connecticut, on the 6th instant, in relation to the present disturbed condition of the country.

Ordered, That they lie on the table.

Mr. Bingham reported from the committee, that they had examined and found duly enrolled the resolution (S. 58) authorizing Lieutenant T. A. M. Craven, United States Navy, to receive certain marks of distinction tendered him by the Spanish government.

The Vice-President announced that the hour of one o'clock having arrived, it was the duty of the Chair to call up the unfinished business of the Senate of yesterday, which was the bill (H. R. 38) to provide for the payment of outstanding treasury notes, to authorize a loan, to regulate and fix the duties on imports, and for other purposes.

On motion by Mr. Mason that the unfinished business be postponed, and that the presentation of petitions and reports of committees be proceeded with,

It was determined in the affirmative.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred the joint resolution (H. R. 5) authorizing the proper accounting officers of the Treasury to revise and adjust the account of John Randolph Clay, United States minister to Peru, reported it without amendment.

Mr. Mason, from the Committee on Foreign Relations, to whom was recommitted the bill (S. 271) for the relief of John P. Brown, reported it with amendments.

Mr. King presented a petition of legal voters of Oswego county, New York, remonstrating against any legislation by which slavery may be extended into any of the Territories of the United States. Ordered, That it lie on the table.

Mr. Sumner asked and obtained leave to withdraw the motion submitted by him to reconsider the vote on the passage of the bill (S. 270) for the relief of John H. Wheeler.

Mr. Wilson asked, and by unanimous consent obtained leave, to bring in a bill (S. 560) for the relief of Franklin Haven and his asso

ciates; which was read the first and second times by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

Mr. Ten Eyck presented resolutions of the republican members of the legislature of New Jersey in relation to the present state of the Union.

Mr. Hale objected to the reception of the resolutions.

The Vice-President submitted the question to the Senate: Shall the resolutions be received? and

It was determined in the affirmative.

Ordered, That the resolutions lie on the table.

A message from the House of Representatives, by Mr. Forney, its Clerk.

Mr. President: The House of Representatives has passed a bill (H. R. 103) authorizing the payment of the two per centum land fund, to which the States of Illinois and Indiana are entitled, for road purposes, to said States; in which it requests the concurrence of the Senate.

The House of Representatives has agreed to the amendment of the Senate to the bill of the House (H. R. 545) granting a pension to Gregory Patti.

The Speaker of the House of Representatives having signed an enrolled bill (H. R. 545) and an enrolled joint resolution, (S. 58,) I am directed to bring them to the Senate for the signature of its President.

The House of Representatives having ordered the printing of certain documents, I am directed to notify the Senate thereof.

Mr. Gwin, from the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 866) to supply deficiencies in the appropriations for the service of the fiscal year ending June 30, 1861, reported that the conferees on the part of the Senate had met the conferees on the part of the House of Representatives, and, after full and free conference, were unable to agree; and

On motion by Mr. Gwin, that the committee be discharged from the further consideration of the subject,

It was determined in the affirmative.

On motion by Mr. Pearce, to postpone all prior orders, and that the Senate proceed to the consideration of the bill (H. R. 865) making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1862,

It was determined in the affirmative; and

The Senate resumed, as in Committee of the Whole, the consideration of the said bill; and,

On the question to agree to the motion submitted by Mr. Johnson, of Arkansas, to reconsider the vote disagreeing to the following amendment submitted by Mr. Sebastian, from the Committee on Indian Affairs, to wit: insert at the end of the bill the following:

For carrying into effect the eleventh article of the treaty with the Choctaw tribe of Indians, made the twenty-second day of June, eighteen hundred and fifty-five, and the award of the Senate made pursuant

thereto on the ninth of March, eighteen hundred and fifty-nine, the sum of one million two hundred and two thousand five hundred and sixty dollars and eighty-five cents, being the undisputed balance due them; so much thereof as the proper authorities of the tribe shall determine to be necessary for the payment of the claims which, by the twelfth article of the treaty, the Choctaws have assumed to pay, and of such other liabilities of the tribe as they may ascertain and determine to be just, shall be paid over on their requisition at such time and in such manner as they shall request; and the residue remaining after satisfying such claims and liabilties shall be held in trust for the benefit of the Choctaws, according to the provisions of the thirteenth article of said treaty.

In lieu of making such payments in money, the Secretary of the Treasury may, at his discretion, issue to the Choctaws, on their requisition, as aforesaid, certificates of stock in the name of the United States, bearing interest at the rate of six per centum per annum, payable semi-annually at the Treasury of the United States; said certificates to be redeemable in ten years or sooner, at the pleasure of the President of the United States, and to be transferable by the proper authorities of the Choctaw Nation in such form as the Secretary of the Treasury shall prescribe: Provided, That the question whether the undetermined balance not now appropriated of one million one hundred and thirty thousand dollars of the sum reported by the Committee on Indian Affairs as due the Choctaws, under the treaty and award aforesaid, is a legitimate charge against the Choctaws by the terms of the said award, be reserved for the future decision of the Senate.

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It was determined in the affirmative, Yeas....

Nays..

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

Messrs. Bigler, Bragg, Bright, Cameron, Clark, Clingman, Collamer, Crittenden, Dixon, Doolittle, Fitch, Green, Grimes, Gwin, Hemphill, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Sebastian, Ten Eyck. Wigfall.

Those who voted in the negative are,

Messrs. Anthony, Bingham, Chandler, Durkee, Fessenden, Foot, Foster, Hale, Harlan, Seward, Sumner, Trumbull, Wade, Wilkinson, Wilson.

So the motion to reconsider was agreed to; and,

On the question to agree to the amendment,

It was determined in the affirmative.

On motion by Mr. Sebastian, from the Committee on Indian Affairs, to amend the bill by inserting at the end thereof 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 dis

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