of the medical staff, and for an additional number of chaplains of the army of the United States." The House proceeded to the consideration of the resolution of the Senate suspending the 16th joint rule of the two Houses: when The said resolution was read and concurred in. Ordered, That the Clerk acquaint the Senate therewith. The hour of 3 o'clock and thirty minutes, p. m., having arrived, the House, in compliance with the order passed yesterday, took a recess until 6 o'clock, p. m. EVENING SESSION-6 O'CLOCK. At 6 o'clock, p. m., the House resumed its session. A message from the Senate by Mr. Dickins, their Secretary: Mr. Speaker: The Senate have passed bills and joint resolutions of the following titles, viz: S. 388. An act for the relief of James Hotchkiss; S. 391. An act authorizing a patent to be issued to William Green, jun., or other citizens of the United States; S. 66. A resolution respecting the claims of A. S. and A. W. Benson; S. 69. A resolution authorizing the examination and payment to Susan Coody, a Cherokee woman, and others, for property destroyed by certain disorderly soldiers of the United States forces stationed at Fort Gibson, on the night of 12th March, 1845; in which I am directed to ask the concurrence of the House. The Senate have passed bills of the House of the following titles, viz: H. R. 698. An act making appropriations for the payment of navy pensions for the year ending the 30th June, 1850; H. R. 659. An act further to continue in force the acts for the payment of horses and other property lost in the military service of the United States; the latter bill (No. 659) with amendments; in which I am directed to request the concurrence of the House. Mr. Dixon moved that the vote be reconsidered by which leave was granted Mr. Lord to submit the views of the minority of the select committee on adulterated drugs and medicines on the memorial of W. T. G. Morton; And, after debate, Mr. Dixon withdrew his motion to reconsider. On motion of Mr. White, it was Ordered, That the usual number of the annual report of the Commissioner of Patents be printed for the use of the House. On motion of Mr. White, it was Ordered, That leave be granted to withdraw from the files of the House the petition and papers of H. K. Hughes, of Elmira, New York. On motion of Mr. Conger, it was Ordered, That leave be granted to withdraw from the files of the House the petition and papers of Lyman Phelps and others, heirs of James Phelps. The House proceeded to the consideration of the amendments to the bill (No. 691) making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending the 30th of June, 1850; when The 1st, 2d, 3d, 4th, 5th, 6th, 7th, and 8th amendments of the Senate were read and concurred in. The 9th amendment of the Senate was read, as follows: "For compensation to an agent and two interpreters for the Indian tribes of Texas, in addition to former appropriations for this object, three thousand dollars." The following amendment thereto reported from the Committee of the Whole House on the state of the Union, viz: "For surveying the northern and western boundary lines of the country now owned by the Creek Indians, fifteen thousand dollars," was read and agreed to. The question recurred on concurring with the Senate in their said 9th amendment as amended, And being put, It was decided in the affirmative. So the said 9th amendment as amended was concurred in. The 10th and last amendment of the Senate was then read, as follows: "For carrying into effect the treaty of sixth August, one thousand eight hundred and forty-six, with the Cherokees, in addition to the sums heretofore appropriated, the further sum of one million two hundred and thirty-one thousand four hundred and twenty-four dollars and seventy-five cents; that is to say-the sum of five hundred and eighty-six thousand three hundred and ninety-eight dollars and forty-six cents to carry into effect the provisions of the fourth and fifth articles of the treaty of the sixth August, one thousand eight hundred and forty-six, with the Cherokees; and the sum of six hundred and forty-five thousand and twenty-six dollars and twenty-nine cents to carry into effect the ninth article of the said treaty with the Cherokees." The amendment thereto reported by the Committee of the Whole House on the state of the Union was then read, viz: "To provide for carrying into effect the treaty of the sixth of August, A. D. one thousand eight hundred and forty-six, with the Cherokees, to be paid, or so much thereof as may be found due on a fair and just settlement of all moneys due to the Cherokees, in addition to the sums heretofore appropriated, the further sum of one million two hundred and thirty-one thousand four hundred and twenty-four dollars and seventy-five cents; that is to say-the sum of five hundred and eighty-six thousand three hundred and ninety-eight dollars and forty-six cents to carry into effect the provisions of the fourth and fifth articles of the said treaty; and the sum of six hundred and forty-five thousand twenty-six dollars and twenty-nine cents to carry into effect the ninth article of said treaty; and, also, to include all claims whatsoever of the Cherokee nation under the eleventh article of said treaty, which said settlement shall be made on the part of the United States by such officer or officers of the proper executive department as the President of the United States shall direct to perform that duty, such officer or officers to be subject to the supervision and control of the head of the department to which he or they is or are attached; and their acts shall receive the sanction of such department. And on the part of the Cherokees said settlement to be made by an agent or agents duly empowered to act for and bind them in the premises; and the said settlement so made shall be final, conclusive, and binding upon both parties thereto for all the matters contained in said treaty. And in view of the fluctuations to which the receipts from the customs and the public lands are at all times exposed, it may so happen that the revenues of the now current and next fiscal year, after defraying the ordinary expenditures of the government, may not be adequate to meet the payment of the above appropriated sum of one million two hundred and thirty-one thousand four hundred and twenty-four dollars and seventy-five cents, and also the two instalments of the Mexican treaty, amounting to the sum of seven millions two hundred and sixty thousand dollars, appropriated by the act of the present session entitled 'An act to provide for carrying into execution, in part, the twelfth article of the treaty with Mexico, concluded at Guadalupe Hidalgo,' the first and fourth sections of the act of the twenty-second of July, A. D. one thousand eight hundred and forty-six, entitled 'An act to authorize the issue of treasury notes and a loan,' be, and the same are hereby, revived; but treasury notes shall not be issued by virtue of this act to exceed in all the sum of five millions of dollars outstanding at any one time; and the authority hereby given to issue treasury notes shall expire at the end of the next session of Congress; and the treasury notes issued under the provisions of this act shall not bear a higher rate of interest than six per centum. per annum, and no part thereof shall be disposed of at less than par; and, to meet the necessary expenses of issuing said treasury notes, the sum of twenty thousand dollars is hereby appropriated." The question being upon agreeing to the said amendment to the 10th amendment of the Senate, Mr. Brodhead asked a division of the question, so as to take a separate vote upon each amendment. The Speaker stated that the question was not divisible. The question was stated, Shall the decision of the Chair stand as the judgment of the House? And being put, It was decided in the affirmative. So the decision of the Speaker was sustained. The question recurred on agreeing to the amendment of the Committee of the Whole House on the state of the Union to the said 10th amendment of the Senate, And being put, It was decided in the negative, 65 73 Yeas The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are, Mr. Vinton then moved that the House disagree to the said 10th amendment of the Senate. Mr. Pollock moved to amend the said 10th amendment by adding thereto the following: The provide for carrying into effect the treaty of the 6th of August, A. D. 1846, with the Cherokees, to be paid, or so much thereof as may be found due on a fair and just settlement of all moneys due to the Cherokees, in addition to the sums heretofore appropriated, the further sum of one million two hundred and thirty-one thousand four hundred and twenty-four dollars and seventy-five cents; that is to say, the sum of five hundred and eighty-six thousand three hundred and ninety-eight dollars and forty-six cents, to carry into effect the provisions of the fourth and fifth articles of said treaty, and the sum of six hundred and forty-five thousand twenty-six dollars and twenty-nine cents to carry into effect the ninth article of said treaty, and also to include all claim whatsoever of the Cherokee nation under the eleventh article of said treaty; which said settlement shall be made on the part of the United States by such officer or officers of the proper executive department as the President of the United States shall direct to perform that duty; such officer or officers to be subject to the supervision and control of the head of the department to which he or they is or are attached; and their acts shall receive the sanction of such department. And on the part of the Cherokees, said settlement to be made by an agent or agents, duly empowered to act for and bind them in the premises; and the said settlement, so made, shall be final, conclusive, and binding upon both parties thereto for all the matters contained in said treaty. Mr. Embree moved that the vote be reconsidered by which the amendment of the Committee of the Whole House on the state of the Union to the 10th amendment of the Senate, was disagreed to. Mr. Willard P. Hall moved that the motion to reconsider be laid upon the table. And the question being put, ..... Yeas.. 88 89 It was decided in the negative, Mr. Archibald Atkinson Thomas H. Bayly Mr. Richard French Thomas W. Ligon Mr. Frederick W. Lord Robert McClelland Richard K. Meade |