On motion by Mr. Green, that the Senate agree to the amendment of the House of Representatives to the said bill, as follows: Strike out all after the word "dollars," in line 14, to the end of line 26, namely: "except only that in all cases involving title to slaves the said writs of error or appeals shall be allowed and decided by the said supreme court without regard to the value of the matter, property, or title in controversy; and except also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom,' It was determined in the affirmative, On motion by Mr. Douglas, Yeas.... 26 18 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Green, Grimes, Hale, Harlan, King, Morrill, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson. Those who voted in the negative are, Messrs. Bayard, Bragg, Bright, Crittenden, Douglas, Fitch, Gwin, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Nicholson, Polk, Powell, Rice, Sebastian, Thomson. So it was Resolved, That the Senate agree to the amendment of the House of Representatives to the said bill. Ordered, That the Secretary notify the House of Representatives thereof. On motion by Mr. Green, The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 563) to organize the Territory of Nevada. On motion by Mr. Wade, to amend the bill by striking out on page 10, line 45, section 9, the following words: "except that a writ of error or appeal shall be allowed to the Supreme Court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom." Yeas...... It was determined in the affirmative, {egs..... On motion by Mr. Hunter, 25 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Green, Grimes, Hale, Harlan, King, Morrill, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson. Those who voted in the negative are, Messrs. Bayard, Bragg, Bright, Clingman, Crittenden, Douglas, Fitch, Gwin, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Rice, Sebastian, Thomson." No further amendment being proposed the bill was reported to the Senate, and the amendment was concurred in. On motion by Mr. Wilkinson, to amend the bill by striking out in section 5, line 2, the word "citizen" and inserting inhabitant; and by inserting at the end of section 5 the following: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared, on oath, their intention to become such, und shall have taken an oath to support the Constitution of the United States, It was determined in the affirmative. On motion by Mr. Wilkinson, to amend the bill by striking out in section 9, line 18, the words, "and probate courts," It was determined in the affirmative. On motion by Mr. Douglas, to amend the bill by striking out all after the enacting clause and in lieu thereof inserting: That the white inhabitants within the following boundaries, to wit: beginning at the point of intersection of the forty-second degree of north latitude with the thirty-ninth degree of longitude west from Washington; thence, running south on the line of said thirty-ninth degree of west longitude, until it intersects the northern boundary line of the Territory of New Mexico; thence, due west to the dividing ridge separating the waters of Carson valley from those that flow into the Pacific; thence, on said dividing ridge northwardly to the forty-first degree of north latitude; thence, due north to the southern boundary line of the State of Oregon; thence, due east to the place of beginning be, and they are hereby, authorized to assemble in convention and form for themselves an organic law and territorial government, to consist of a legislative, judicial, and executive department, which government shall be republican in form, and shall, in all respects, be consistent with and in subordination to the Constitution of the United States, and to all treaties and laws which the United States have made or shall make concerning the Indians and the public lands; and the said Territory shall be admitted into the Union on an equal footing with the original States, with such boundaries as Congress may prescribe, whenever the same shall contain the population requisite for a representative in Congress according to the then federal ratio of representation. SEC. 2. And be it further enacted, That whenever the public lands shall be surveyed in said Territory, sections sixteen and thirty-six shall be reserved for the purpose of being granted to the State, when admitted into the Union, for schools. SEC. 3. And be it further enacted, That said Territory shall be entitled to a delegate in Congress, with all the privileges of a member, except that of voting, and the said delegate shall be elected by the people having the qualifications requisite for electors of the most numerous branch of the legislature. SEC. 4. And be it further enacted, That the said Territory shall constitute one judicial district for federal purposes, and there shall be a district court of the United States established therein, which shall have the same jurisdiction as may be conferred by law upon other district courts of the United States, and the President shall nominate and, by and with the advice and consent of the Senate, appoint a judge, marshal, and attorney of the United States within and for said district. SEC. 5. And be it further enacted, That for the purpose of electing delegates to the convention to form a constitution and government for said Territory, it shall be the duty of the said judge to cause a census of said Territory to be taken, which shall be done by the marshal and his depu ties, in accordance with such rules and regulations as the said judge may prescribe; and when the returns of the census shall be made, it shall be the duty of said judge to divide said Territory into election districts, and to apportion the delegates as nearly according to population as may be practicable, and to appoint the time and places of holding the election, and to appoint the judges and clerks of the election, and to prescribe the rules and regulations for conducting the election and making the returns, and to decide the result in each case, and issue the certificate to the person duly elected, and appoint the time and place for the convention to assemble; said convention shall consist of fifty delegates qualified to be voters at such election; and the elective franchise shall be exercised at such election by all male citizens over the age of twenty-one years, who were actual residents of said Territory at the time the census was taken; the sum of fifteen thousand dollars is hereby appropriated to pay the expenses of such convention, including the census and the election of delegates, and the marshal shall be allowed the same compensation as was allowed for the last census in New Mexico, and the judges and clerks of election shall be allowed three dollars each for election day, and the members of the convention shall be allowed four dollars per day for the first twenty days, and nothing after that period, It was determined in the negative, Yeas... 4 31 On motion by Mr. Douglas, Messrs. Baker, Bragg, Douglas, Harlan. Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Green, Grimes, Gwin, Hale, Johnson, of Tennessee, Kennedy, King, Lane, Latham, Mason, Morrill, Nicholson, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson. No further amendment being made, Ordered, That the bill be engrossed and read a third time. 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. On motion by Mr. Green, The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 562) to provide a temporary government for the Territory of Dakota, and to create the office of surveyor general therein; and the bill having been amended on the motion of Mr. Green, On motion by Mr. Wilkinson, further to amend the bill by striking out in section 5, line 2, the word "citizen," and inserting inhabitant; and by inserting at the end of section 5 the following words: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States. Yeas..... It was determined in the affirmative, {ays.... On motion by Mr. Polk, 25 17 The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are, Messrs. Baker, Bingham, Chandler, Clark, Collamer, Doolittle, Douglas, Durkee, Fessenden, Fitch, Foot, Foster, Grimes, Hale, Harlan, King, Morrill, Rice, Seward, Simmons, Sumner, Trumbull, Wade, Wilkinson, Wilson. Those who voted in the negative are, Messrs. Anthony, Bragg, Clingman, Dixon, Green, Gwin, Hunter, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Pearce, Polk, Powell, Sebastian, Ten Eyck. So the amendment was agreed to. The bill having been further amended on the motion of Mr. Wilkinson, it was reported to the Senate, and the amendments were concurred in. Ordered, That the bill be engrossed and read a third time. The said bill was read the third time. 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. The Senate proceeded to consider the amendment of the House of Representatives to the tenth amendment of the Senate to the bill (H. R. 338) 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, insisted on by the House; and, On motion by Mr. Simmons, Resolved, That the Senate disagree to the amendment of the House of Representatives to the tenth amendment of the Senate to the said bill, and agree to the conference asked by the House on the disagreeing votes of the two houses thereon. On motion by Mr. Simmons, Ordered, That the committee of conference on the part of the Senate be appointed by the Vice-President; and Mr. Simmons, Mr. Hunter, and Mr. Bigler were appointed. Ordered, That the Secretary notify the House of Representatives thereof. Mr. Bragg submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the papers in the case of Richard W. Meade's administrator, reported from the Court of Claims, be referred back to said court for a rehearing, and for such further action as, in the opinion of said court, may be necessary and proper. On motion by Mr. Nicholson, Ordered, That the Committee on Naval Affairs be discharged from the further consideration of the petition of Charles W. Welsh, and that it be referred to the Court of Claims. Mr. Seward presented the credentials of the Hon. Ira Harris, elected a senator by the legislature of the State of New York for the term of six years, commencing on the 4th day of March, A. D. 1861. The credentials were read. A message from the House of Representatives, by Mr. Forney, its Clerk: Mr. President: The President of the United States approved and signed, the 21st instant, the following resolution and acts: H. R. 43. A joint resolution giving the assent of Congress to certain acts passed or to be passed by the legislatures of the States of Arkansas, Louisiana, and Texas, or any two of them, in relation to the "raft" of Red river, and for other purposes. H. R. 914. An act making appropriations for the naval service for the year ending the 30th of June, 1862. And on the 23d instant, the following: H. R. 400. An act for the relief of James Floyd. H. R. 514. An act for the relief of Samuel S. Green. H. R. 625. An act for the relief of Captain Alexander V. Frazer. H. R. 678.. An act for the relief of Samuel Perry. H. R. 996. An act for the relief of Azel Spalding. Mr. Gwin, from the Committee on Post Offices and Post Roads, to whom the subject was referred, reported a bill (S. 572) establishing certain post routes; which was read the first and second times by unanimous consent, and ordered to be printed. A message from the House of Representatives, by Mr. Forney, its Clerk: Mr. President: The House of Representatives insists upon its amendments 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, disagreed to by the Senate; agrees to the conference asked by the Senate on the disagreeing votes of the two houses thereon; and has appointed Mr. Stanton, Mr. Buffinton, and Mr. Stout managers at the same on its part. The House of Representatives has agreed to the report of the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 864) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1862. Mr. Fessenden, from the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 864) last mentioned, made the following report: "The committee of conference on the disagreeing votes of the two houses on the amendments to the bill (H. R. 864) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1862, having met, after full and free conference, have agreed to recommend to their respective houses as follows: |