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to exclude the volunteers called out to aid in the removal of the Cherokee Indians west of the Mississippi in 1836-7."
Mr. Jones moved the previous question; and the question being put, the House refused to second the same.
After further debate, and pending the question upon the said amend. ment to the amendment,
A message from the Senate, by Mr. Dickins, their Secretary:
Mr. Speaker: The Senate have passed a resolution of the following title, viz:
S. 44. A resolution concerning the distribution of the works of the Exploring Expedition; in which I am directed to ask the concurrence of this House.
On motion of Mr. Crowell, at 3 o'clock and 15 minutes p. m., the House adjourned until to-morrow, at 12 o'clock m.
TUESDAY, JANUARY 21, 1851.
The following petitions and memorials were laid on the Clerk's table under the 24th rule of the House, to wit:
By Mr. Ashe: The petition of Lewis Whitfield, a citizen of the State of North Carolina, praying for the establishment of a mail route from Mosby Hall, via Jericho, to Strabow, in said State; which was referred to the Committee on the Post Office and Post Roads.
By Mr. Meacham: The petition of Samuel Page—heretofore presented May 19, 1842; which was referred to the Committee on Invalid Pensions.
By Mr. Taylor: The petition of citizens of Highland county, in the State of Ohio, praying for an appropriation of public land to the Ohio and Mississippi Railroad Company, and to the Cincinnati and Belpre Railroad Company, to aid in the construction and completion of their respective roads.
By Mr. Doty: The petition of the register and receiver of public lands at Willow river, in the State of Wisconsin, praying for additional compensation for locating military bounty-land warrants.
Ordered, That said petitions be referred to the Committee on Public Lands.
By Mr. Rockwell: T'he petition of Charles Stearner, of the State of Massachusetts, praying for indemnity on account of expenses incurred by certain prosecutions by the general government.
By Mr. Otis: The petition of citizens of Hallowell, in the State of Maine, praying for a congress of nations for the adjustment of national difficulties without war;
Also, the petition of citizens of the city of Gardiner, in the State of Maine, praying for the repeal of the “ fugitive-slave law."
By Mr. Thaddeus Stevens: Six petitions of citizens of the State of Pennsylvania, of like import with the foregoing.
By Mr. Hunter: Three petitions of citizens of the State of Ohio, of like import with the foregoing.
By Mr. Putnam: The petition of citizens of Wyoming county, in the State of New York, of like import with the foregoing.
By Mr. Crowell: The petition of citizens of Summit county, in the State of Ohio, of like import with the foregoing.
Ordered, That said petitions be referred to the Committee on the Judiciary.
By Mr. White: The petition of citizens of the city of Albany, in the State of New York, praying for the modification of the tariff law of 1846; which was referred to the Committee of Ways and Means.
By Mr. White: The petition of W. P. S. Sanger, praying for additional compensation for services as chief engineer at the navy yard at the city of Norfolk, in the State of Virginia; which was referred to the Committee on Naval Affairs.
By Mr. Waldo: The memorial of William B. Hart, assignee of Anderson, Forrester, Cobb, and Pickens, praying for compensation for services and disbursements connected with the removal of the Choctaw Indians; which was referred to the Committee on Indian Affairs.
By Mr. McQueen: The memorial of citizens of Chesterfield district, in the State of South Carolina, praying for the establishment of a branch mint at Charleston, in said State.
By Mr. Doty: The petition of citizens of the State of Wisconsin, praying for the establishment of a light-house at Bailey's harbor, on Lake Michigan.
Ordered, That said petition and memorial be referred to the Committee on Commerce.
By Mr. Disney: The memorial of citizens of the city of Cincinnati, in the State of Ohio, praying Congress to remove the obstructions to a free navigation around the falls of the Ohio river.
By Mr. Schenck: The petition of citizens of Erie county, in the State of Ohio, praying for the right of way through the public domain, and a grant of land to aid in the construction of a railroad from Sandusky city west, via Defiance, in the State of Ohio, Lafayette, in the State of India ana, Springfield, in the State of Illinois, to the Mississippi river.
By Mr. Robinson: The petition of citizens of Ripley county, in the State of Indiana, praying for a grant of land to aid in the construction of the railroad from Cincinnati, in the State of Ohio, via Vincennes, in the State of Indiana, to the city of St. Louis, in the State of Missouri.
Ordered, That said petitions and memorial be referred to the Committee on Roads and Canals.
On motion of Mr. Morris, by unanimous consent, Ordered, That leave be granted for the withdrawal from the files of the House of the petition and papers of J. Moyer et al., for the purpose of reference to one of the executive departments.
The said papers were thereupon handed to Mr. Morris.
The regular order of business being called for, the Speaker proceeded to call the committees for reports, resuming the call where it was suspended on a previous day.
Mr. James Thompson, from the Committee on the Judiciary, to whom was referred the petition of John Frazier and John Reed, made an adverse report thereon; which was laid on the table, and ordered to be printed.
On motion of Mr. James Thompson, Ordered, That the Committee on the Judiciary be discharged from the further consideration of the petition of the citizens of Braxton county, Virginia, in behalf of Eli Wilson, and that the same be laid on the table.
On motion of Mr. Meade, Ordered, That the Committee on the Judiciary be discharged from the further consideration of the petition of the members of Congress of the State of Indiana, praying for the division of said State into two judicial districts, and that the same be laid on the table.
Mr. Meade, from the Committee on the Judiciary, to whom was referred the bill of the Senate (No. 19) entitled “An act to amend the several acts establishing district courts of the United States in the State of Florida, and to provide for writs of error and appeals from said courts," reported the same without amendment.
The House proceeded to the consideration of the said bill, the question being on its third reading.
91 The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are
There appeared, Yeas.
Mr. Nathaniel Albertson
Henry P. Alexander
Mr. John Freedley
Thomas J. D. Fuller
Mr. John S. Millson
Jonathan D. Morris
Those who voted in the negative are
Mr. Charles Allen
Mr. Joseph P. Caldwell
Joseph R. Chandler
Charles E. Clarke
William F. Colcock
Moses B. Corwin
Joel B. Danner
Edmund Deberry * This was an erroneous announcement of the affirmative vote-it should have been yeas 93.-See page 171.
Mr. Jesse C. Dickey
Mr. Volney E. Howard
Joseph W. Jackson
Mr. Julius Rockwell
Robert L. Rose.
The Speaker voted in the negative.
On motion of Mr. Strong, the House proceeded to the consideration of the business on the Speaker's table.
The Speaker laid before the House a message from the President of the United States, heretofore received; which was read, and is as follows:
To the House of Representatives of the United Sta.es:
In compliance with a resolution of the House of Representatives, adopted July 18, 1850, requesting the President to communicate his views on sundry questions of rank, precedence, and command among officers of the army and officers of the navy, respectively, and of relative rank be. tween officers of the army and navy when brought into co-operation, I caused to be convened a board of intelligent and experienced officers in each branch of the service, to consider the matters involved in said reso. lutions, and to report their opinion for my advice and information.
Their reports have been made, and I have the honor herewith to submit copies of them, together with bills draughted substantially in accordance therewith, on the subject of rank in each branch of the service.
The subject is one of great interest, and it is highly important that it should be settled by legislative authority, and with as little delay as possible, consistently with its proper examination.
The points on which it will be perceived that the two boards disagree, in regard to relative rank between officers of the arıny and navy, are not esteemed of very great practical importance; and the adoption of the rule proposed by either would be acceptable to the Executive.
But even if a decision on these shall be suspended, it is hoped that the bills which are designed to regulate rank, precedence, and command in the army and navy as separate branches of service, may receive the sanction of Congress, with such amendments as may be deemed appropriate, in the course of the present session.
MILLARD FILLMORE. WASHINGTON, January 14, 1851.
Ordered, That the said message and accompanying documents be re: ferred to the Committee on Military Affairs, and printed.
The Speaker also laid before the House sundry executive communications, viz:
I. A letter from the Secretary of War, transmitting lists of clerks and other persons employed in the War Department, other than officers of the army, during the year 1850.
Ordered, That the said letter and accompanying documents be referred to the Committee on Military Affairs, and printed.
II. A letter from the Secretary of the Navy, transmitting a report from the Fourth Auditor of the Treasury Department of the pay and allowances of the several officers of the navy and marine corps of the United States for the fiscal year ending June 30, 1850.
Ordered, l'hat the said letter and accompanying documents be referred to the Committee on Naval Affairs, and printed.
III. A letter from the Secretary of the Interior, transmitting a letter from the Commissioner of Indian Affairs, accompanied by a list of all the persons engaged in the Indian department for the year 1850, as required by the act of June 30, 1834, entitled "An act to provide for the organization of the department of Indian affairs.'
Ordered, That the said letter and accompanying papers be laid on the table, and printed.
The bill of the Senate (No. 43) entitled “An act to renew and continue in force the charter of the Potomac Insurance Company of Georgetown,” was next taken up, the question being on agreeing to the amendment of the Senate to the amendment of the House to the said bill.
A division of the question having been called for,
The second and remaining part of the amendment of the Senate was then read as follows, viz:
At the end of the amendment of the House, add the following:
“ To an amount equal to the capital stock held by them respectively, provided that such liability shall be confined to the stockholders who were such when such debts were contracted or liabilities incurred.”
Mr. Burt moved the previous question; which was seconded, and the main question ordered and put, viz: Will the House agree to the said amendment of the Senate to the amendment of the House?
118 And it was decided in the affirmative, Yeas....
57 The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are
Mr. Henry P. Alexander
Mr. Albert G. Brown
Henry A. Bullard
Mr. Thomas L. Clingman
William F. Co!cock