said relation; but the same shall be subject to judicial cognizance in the federal courts, according to the course of the common law. When any territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary servitude, as the constitution of such State may provide."

And in lieu thereof inserting:

In all territory of the United States now held or hereafter acquired, situate north of latitude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except as a punishment for crime, is prohibited, while such territory shall remain under territorial government. In all the territory south of said line of latitude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress; but shall be protected as property by all the departments of the territorial government during its continuance; and when any Territory, north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without slavery, as the constitution of such new State may provide, A question of order was raised by Mr. Collamer, to wit:

That the portion of the joint resolution which it is proposed to amend, being recited in the preamble as one of a series of proposed amendments to the Constitution recommended by a convention of commissioners of certain States, it was not in order to amend any one of the series without striking out the preamble.

The President (Mr. Fitch in the chair) decided that the resolution, like all bills and joint resolutions, was open to amendment in all its provisions at the pleasure of senators, and that the amendment proposed by Mr. Hunter was in order.

On the question to agree to the amendment proposed by Mr. Hunter, After debate,

On motion by Mr. Trumbull, that the Senate adjourn,

Yeas.

It was determined in the negative, Nays...

On motion by Mr. Douglas,

17

31

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

Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee, Foot, Grimes, Hale, Harlan, King, Morrill, Sumner, Trumbull, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Anthony, Bayard, Bigler, Bragg, Bright, Crittenden, Dixon, Douglas, Fitch, Foster, Green, Gwin, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Sebastian, Seward, Ten Eyck, Thomson, Wigfall.

After further debate,

On motion by Mr. Green, that the Senate adjourn,
It was determined in the affirmative, Yes.....

On motion by Mr. Crittenden,

Nays.....

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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. Bingham, Chandler, Clark, Clingman, Collamer, Dixon, Douglas, Durkee, Fessenden, Foot, Green, Grimes, Gwin, Harlan, King, Nicholson, Seward, Simmons, Sumner, Trumbull, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Anthony, Bigler, Bragg, Bright, Crittenden, Fitch, Foster, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Polk, Powell, Pugh, Rice, Sebastian, Ten Eyck, Wigfall.

Whereupon

The Senate adjourned.

SATURDAY, MARCH 2, 1861.

The Senate proceeded to consider the amendments of the House of Representatives to the amendments of the Senate to the bill of the House (H. R. 899) making appropriations for the support of the Army for the year ending the 30th of June, 1862, and its amendments to the said bill disagreed to by the House; and,

On motion by Mr. Fessenden,

Resolved, That the Senate disagree to the amendments of the House of Representatives to the amendments of the Senate to the bill (H. R. 899) last mentioned, insist on its amendments to the said bill disagreed to by the House, and ask a conference on the disagreeing votes of the two houses thereon.

On motion by Mr. Fessenden,

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

Mr. Fessenden, Mr. Latham, and Mr. Bragg were appointed.

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

Mr. Pearce, from the committee of conference on the disagreeing votes of the two houses on 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 the 30th of June, 1862, made the following report:

"The committee of conference on the disagreeing votes of the two houses on the amendments to 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," having met, after full and free conference, have agreed to recommend to their respective houses as follows:

"That the House recede from its disagreement to the Senate's eigh

teenth amendment, and agree to the same with the following amendment: add at the end of the amendment the following words: or so much thereof as may be necessary for the expenses actually incurred.

"That the House recede from its disagreement to the Senate's twenty-first amendment, and agree to the same with the following amendment Strike out the whole of said twenty-first amendment, and in lieu thereof insert the following: That the salary of the agent for the Wichitas and other Indians in the country leased by the Choctaws to the United States shall be fifteen hundred dollars per annum, from and after the first day of July, eighteen hundred and sixty.

"That the Senate concur in the amendment of the House to the seventh amendment of the Senate.

"That the Senate recede from its amendments numbered 3 and 20. "That the House recede from its disagreement to the amendments of the Senate numbered 4, 19, 5, and 6, and concur in said amendments." J. A. PEARCE,

I dissent:

L. W. POWELL,
DANIEL CLARK,

Managers on the part of the Senate.

EMERSON ETHERIDGE,

J. H. GRAHAM,

JOHN S. PHELPS,

Managers on the part of the House of Representatives.

The Senate proceeded to consider the report; and

On motion by Mr. Pearce,

Resolved, That the Senate concur therein.

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

Mr. King presented a petition of German Republican citizens of Wiliamsburg, New York; a petition of citizens of Albany, New York; a petition of citizens of Oswego county, New York; a petition of inhabitants of New York; a petition of citizens of Bucks county, Pennsylvania; and a petition of citizens of the United States, in favor of the Union, the Constitution, and the enforcement of the laws, and against all compromises whatever.

Ordered, That they lie on the table.

Mr. King presented a petition of citizens of the United States. praying the improvement of the water channel between the head of Lake Michigan and the Mississippi river.

Ordered, That it lie on the table.

Mr. King presented a petition of inhabitants of Little Falls, New York, against hasty and inconsiderate action by Congress in reference to the disturbed condition of the country.

Ordered, That it lie on the table.

Mr. King presented a petition of legal voters of Steuben county, New York, in favor of the peaceable secession of any State desirous of withdrawing from the Union.

Ordered, That it lie on the table.

Mr. King presented a petition of citizens of Oswego county, New York, against the extension of slavery either north or south of the old Missouri compromise line.

Ordered, That it lie on the table.

Mr. Sumner presented a petition of citizens of Ballard Vale, Massachusetts, in favor of the Union, the Constitution, and the enforcement of the laws.

Ordered, That it lie on the table.

Mr. Wilkinson presented a petition of citizens of the United States, and a petition of citizens of Minnesota, in favor of the Constitution as it is, and opposed to any compromise whatever.

Ordered, That they lie on the table.

Mr. Cameron presented a petition of citizens of Allegheny county, Pennsylvania, in favor of the Union, the Constitution as it is, and the enforcement of the laws.

Ordered, That it lie on the table.

The Vice-President laid before the Senate a letter of the Secretary of the Navy, accompanied by one hundred copies of the Navy Register for the current year for the use of the Senate; which was read.

Ordered, That it lie on the table.

The Vice-President laid before the Senate a report of the Secretary of War, communicating, in obedience to law, a list of the clerks and other civil officers employed in that department during the year 1860; which was read.

Ordered, That it lie on the table and be printed.

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 answer to the resolution of the Senate, of the 25th instant, requesting information relative to the extradition of one Anderson, a man of color, charged with the commission of murder in the State of Missouri, I transmit a report from the Secretary of State, and the documents by which it was accompanied. The dispatch of Mr. Dallas being in the original, its return to the Department of State is requested. JAMES BUCHANAN.

WASHINGTON, February 26, 1861.
The message was read.

On motion by Mr. Fitch,

Ordered, That it be referred to the Committee on Foreign Relations and be printed.

Mr. Fitch, from the Committee on Printing, to whom was referred the motion to print Captain Simpson's report of his explorations across the great basin of Utah Territory, reported in favor of printing four thousand additional copies thereof-three thousand for the use of the Senate, and one thousand for the use of the War Department.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print twenty-five hundred additional copies of the message of the President of the United States, communicating, in compliance with resolutions of the Senate of the 17th and 18th February, 1858, correspondence relative to the Aves Islands, reported in favor of printing the same.

The Senate proceeded to consider the said report by unanimous consent; and

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 530) granting a pension to Jane Yates; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

On motion by Mr. Wade,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 311) for the relief of Mrs. Mary Ann Henry; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

Mr. Bingham reported from the committee that they had examined and found duly enrolled the following bills:

S. 39. An act for the relief of Simon De Visser and José Villarubia, of New Orleans.

S. 77. An act for the relief of Richard Chenery.

On motion by Mr. Bright,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 426) for the relief of John Y. Sewell; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

Mr. Bingham reported from the committee that they presented to the President of the United States, on the 1st instant, the following

enrolled bills:

S. 11. An act 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.

S. 210. An act for the relief of Augustus H. Evans.

H. R. 299. An act for the payment of expenses incurred in the suppression of Indian hostilities in California.

H. R. 576. An act for the relief of Messrs. Coale & Barr.

H. H. 655. An act granting a pension to Prentis Champlain.

H. R. 981. An act to confirm a certain private land claim in the Territory of New Mexico.

H. R. 997. An act for the relief of Greenberry M. Watkins, of Montgomery county, Maryland.

On motion by Mr. Wilson,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 461) granting an invalid pension to Charles Appleton; and, no amendment being made, it was reported to the Senate.