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in which they request the concurrence of the Senate.

The bill mentioned in the message was read; and on motion that the bill be read the second time, it was objected to, as not in order-a bill of a similar nature having been rejected during the session; and the PRESIDENT referred the question of order to the decision of the Senate, to wit:

"Is it in order to read this bill a second time?" and it was determined in the affirmative-yeas 19, nays 10, as follows:

YEAS-Messrs. Bradley, Condit, Fenner, Gaillard, Giles, Howland, Kitchel, Logan, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Turner, and Worthington.

NAYS-Messrs. Adams, Clay, Gilman, Hillhouse, Mitchill, Pickering, Plumer, Smith of New York, Tracy, and White.

So it was Ordered, That the bill be read a second time.

On motion, by Mr. TURNER, that the bill be now read the second time, it was objected to as not in order.

On motion, by Mr. TURNER, that the 12th rule for doing business in the Senate be suspended during the residue of the session, the PRESIDENT decided that the motion was not in order.

The Senate took into consideration the motion made on the 28th February, that it be

Resolved, That the Secretary of the Treasury be directed to prepare and report to the Senate, at their next session, a plan for the application of such means as are within the power of Congress, to the purposes of opening roads and making canals, together with a statement of the undertakings of that nature, which, as objects of public improvement, may require and deserve the aid of Government; and, also, a statement of works, of the nature mentioned, which have been commenced, the progress which has been made in them, and the means and prospect of their being completed, and all such information as, in the opinion of the Secretary, shall be material in relation to the objects of this reso

lution.

And on the question to agree to the motion, it was determined in the affirmative-yeas 22, nays 3, as follows:

SENATE.

titled "An act making compensation to Messrs. Lewis and Clarke, and their companions," was read the second time, and referred to Messrs. TRACY, BRADLEY, and GILES, to consider and report thereon.

The bill from the House of Representatives, entitled "An act authorizing patents to be issued for lands located and surveyed by virtue of certain Virginia resolution warrants," was read the second time, and referred to Messrs. TRACY, WORTHINGTON, and BRADLEY, to consider and report thereon.

Mr. SMITH, of Maryland, from the committee to whom was referred the bill from the House of Representatives, entitled "An act for the relief of Oliver Pollock," reported an amendment, which was agreed to; and, on the question, Shall this bill be read a third time as amended? it was determined in the affirmative.

Mr. TRACY, from the committee to whom was referred the bill from the House of Representatives, entitled "An act to amend the act, entitled 'An act to regulate and fix the compensation of clerks, and to authorize the laying out of certain public roads, and for other purposes," reported the same with sundry amendments.

Mr. BRADLEY, from the committee to whom was referred the bill from the House of Representatives, entitled "An act making further appropriations for fortifying the ports and harbors of the United States, and for building gunboats," reported the bill with amendments.

Mr. ADAMS, from the committee to whom was referred the bill from the House of Representatives, entitled "An act disapproving of an act passed by the Governor and Judges of the Territory of Michigan, entitled 'An act concerning the bank of Detroit," reported it without amendment; and, on the question, Shall this bill be read a third time? it was determined in the affirmative.

Mr. BRADLEY, from the committee to whom was referred the bill, from the House of Representatatives, entitled "An act authorizing the settlement of the accounts between the United States and William Eaton," reported the bill without amendment; and, on the question, Shall the bill be read a third time? it was determined in the affirmative. A message from the House of Representatives YEAS-Messrs. Adams, Clay, Giles, Hillhouse, How-informed the Senate that they have passed a bill, land, Kitchel, Logan, Milledge, Mitchill, Moore, Pick- entitled "An act concerning invalid pensioners," ering, Plumer, Reed, Smith of Maryland, Smith of in which they request the concurrence of the New York, Smith of Tennessee, Smith of Vermont, Senate. Sumter, Tracy, Turner, White, and Worthington.

NAYS-Messrs. Condit, Fenner, and Gilman.

The bill from the House of Representatives, entitled "An act for the relief of Oliver Pollock," was read the second time, and referred to Messrs. SMITH of Maryland, GILES, and TRACY, to consider and report thereon.

The bill from the House of Representatives, entitled "An act disapproving of an act passed by the Governor and Judges of the Territory of Michigan, entitled "An act concerning the Bank of Detroit," was read the second time, and referred to Messrs. ADAMS, WORTHINGTON, and GILES, to consider and report thereon.

The bill last brought up for concurrence was read, and it was agreed, by unanimous consent, to dispense with the rule and that this bill be now read the second time.

Ordered, That it be referred to Messrs. GILES, BRADLEY, and SMITH of Maryland, to consider and report thereon.

The following motion was submitted, by Mr. TURNER, for consideration:

Resolved, That so much of the twelfth rule for conducting business in the Senate, which is in the following words, viz: "Every bill shall receive three readings previous to its being passed; and the President shall give notice to each, whether it be the first, second, or The bill from the House of Representatives, en-third; which readings shall be on three different days,

9th CoN. 2d SESS.-4

SENATE.

Proceedings.

unless the Senate unanimously direct otherwise;" be suspended for the remainder of the present session. The PRESIDENT gave notice that he should absent himself from the Senate for the remainder of the session.

The Senate adjourned to 7 o'clock this evening.

Seven o'clock in the Evening.

MARCH, 1807.

a bill, entitled "An act making appropriations for carrying into effect certain treaties with the Cherokee and Piankeshaw tribes," in which they request the concurrence of the Senate.

The bills were read, and it was agreed, by unanimous consent, to dispense with the rule and that the bills mentioned in the message be now severally read the second time.

Ordered, That they be severally referred to Messrs. BRADLEY, GILES, and TRACY, to consider and report thereon.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President pro tempore, as the Constitution provides; and the honorable SAMUEL SMITH was elected. The Senate took into consideration, as in ComOrdered, That the Secretary wait on the Pre-mittee of the Whole, the second reading of the sident of the United States and acquaint him that bill, entitled "An act making further appropriations the Senate have, in the absence of the Vice Pre- for fortifying the ports and harbors of the United sident, elected the honorable SAMUEL SMITH Pre-States, and for building gunboats," together with sident of the Senate pro tempore; and that the Secretary make a like communication to the House of Representatives.

Mr. WORTHINGTON, from the committee to whom was referred the bill from the House of Representatives, entitled "An act making provision for the disposal of the public lands situated between the United States military tract, and the Connecticut Reserve, and for other purposes," reported it without amendment.

Mr. TRACY, from the committee to whom was referred the bill, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia," reported it without amendment.

the amendments reported by the select committee; and the President having reported the bill to the Senate amended, agreeably to the report of the select committee, it was ordered to the third reading as amended.

The Senate took into consideration the amendments reported to the bill, entitled "An act to amend the act, entitled 'An act to regulate and fix the compensation of clerks, and to authorize the laying out of certain public roads, and for other purposes;" and, on motion, the bill was postponed to the next session of Congress.

The bill, entitled "An act making compensation to Messrs. Lewis and Clarke, and their companions," was read a second time; and, on the question, Shall this bill be read a third time? it was determined in the affirmative.

Mr. TRACY, also, from the committee to whom was referred the bill, entitled "An act providing The bill, entitled "An act providing for the payfor the payment of the expense incurred by the ment of the expense incurred by the military prepmilitary preparations for the defence of the Ter-arations for the defence of the Territory of Michiritory of Michigan, against the hostile Indians in the year 1806," reported the bill without amend

ment.

Mr. TRACY, likewise, from the committee to whom was referred the bill, entitled "An act authorizing patents to be issued for lands located and surveyed by virtue of certain Virginia resolution warrants," reported it without amendment.

Ordered, That the committee to whom was referred the memorial of Ira Allen be discharged from the further consideration thereof.

Mr. TRACY, from the committee to whom was referred the bill, entitled "An act making compensation to Messrs. Lewis and Clarke and their companions," reported it without amendment.

Mr. GILES, from the committee to whom was referred the bill, entitled "An act concerning invalid pensioners," reported it without amendment. On motion, by Mr. SMITH, of Ohio, that it be Resolved, That the Secretary of the Senate be authorized to pay, out of the contingent fund of this House, to Thomas Harvey, John Mathers, and Francis Durity, the sum of fifty dollars each, in addition to their usual compensation:

Ordered, That this motion lie for consideration. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians;" also,

gan against the hostile Indians, in the year 1806," was read the second time; and, on the question, Shall this bill be read the third time? it was determined in the affirmative.

The bill, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia," was read the second time; and, on the question, Shall this bill pass to a third reading? it was determined in the affirmative.

The bill, entitled "An act making provision for the disposal of the public lands situated between the United States military tract and the Connecticut Reserve, and for other purposes," was read the second time; and, on the question, Shall this bill be read the third time? it was determined in the affirmative.

TUESDAY, March 3.

Mr. TRACY, from the committee to whom was referred the bill from the House of Representatives, entitled "An act making appropriations for the support of Government during the year 1807," reported the bill with sundry amendments; and the President, from the Committee of the Whole, reported the bill with amendments. Ordered, That the bill be read the third time as amended.

MARCH, 1807.

Proceedings.

SENATE.

NAYS-Messrs. Condit, Fenner, Gaillard, Kitchel, Logan, Maclay, Milledge, Moore, Sumter, Turner, and Worthington.

Mr. BRADLEY, from the committee to whom were referred the bills from the House of Representatives, entitled "An act making appropriations for carrying into effect the treaty between the On the question, Shall this bill pass to the third United States and the Chickasaw tribe of In-reading, as amended? it was determined in the dians;" and "An act making appropriations for affirmative-yeas 20, nays 10, as follows: carrying into effect certain treaties with the Cherokee and Piankeshaw tribes of Indians," reported the first-mentioned bill with an amendment to the title, by adding thereto the words, "and to establish a land office in the Mississippi Territory; and the bill last mentioned without amendment. On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the bill last mentioned in the report be now read the third time.

Resolved, That this bill pass.

A message from the House of Representatives informed the Senate that the House have passed a bill, sent from the Senate for concurrence, entitled "An act confirming the claims to lands in the district of Vincennes," with amendments, in which they request the concurrence of the Senate.

YEAS-Messrs. Bradley, Clay, Condit, Fenner, Gaillard, Giles, Howland, Kitchel, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Thruston, Turner, and Worthington.

NAYS-Messrs. Adams, Bayard, Gilman, Hillhouse, Mitchill, Pickering, Plumer, Smith of New York, Tracy, and White.

Ordered, That this bill pass to the third reading as amended.

A message from the House of Representatives informed the Senate that the House agree to some, and disagree to other amendments of the bill sent from the Senate, entitled "An act allowing an additional compensation to the judges of the Mississippi Territory, and extending the right of suffrage therein." They have passed a bill, entitled "An act in addition to an act, entitled 'An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes;" in which they request the concurrence of the Senate. They have passed the bill, sent from the Senate for concurrence, entitled "An act to re

The bill, from the House of Representatives, entitled "An act laying duties on salt, and continuing in force, for a further time, the first section of the act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers," was read the second time as in Committee of the Whole; and the President, from the Committee of the Whole, reduce the expenses attending the administration of ported to the Senate the bill amended.

On motion to strike out the third section of the bill, to wit:

"SEC. 3. And be it further enacted, That so much of the act, passed on the twenty-fifth day of March, one thousand eight hundred and four, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers,' as is contained in the first section of the said act, be, and the same hereby is, continued in force until the first day of January next, and no longer: Provided, however, That the additional duty laid by the said section shall be collected on all goods, wares, and merchandise, liable to pay the same, as shall have been imported previous to that day."

It was passed in the negative—yeas 9, nays 21,

as follows:

YEAS-Messrs. Adams, Bayard, Gilman, Hillhouse, Pickering, Plumer, Smith of New York, Tracy, and

White.

NAYS-Messrs. Bradley, Clay, Condit, Fenner, Gaillard, Giles, Howland, Kitchel, Logan, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Thruston, Turner, and Worthington.

justice in the District of Columbia," with an amendment, in which they request the concurrence of the Senate.

The bill last brought up for concurrence was read, and it was agreed, by unanimous consent, to dispense with the rule, and that the bill be now read the second time; and, on the question, Shall this bill be read a third time? it was determined in the affirmative.

The bill, entitled "An act for the relief of Oliver Pollock," was read the third time as amended, and passed.

referred, on the 26th of January last, the Message Mr. GILES, from the committee to whom was of the President of the United States of that date, reported that they have had the same under consideration, and are of opinion that no Legislative provision is necessary.

On motion that the business in order be postponed to resume the motion made yesterday to suspend the 12th rule for doing business in the Senate, it passed in the negative.

By unanimous consent, the bill, entitled "An act making appropriations for the support of Government during the year 1807," was read the third time as amended, and passed.

On motion to adopt the report of the Committee of the Whole, extending the time at which the repeal shall take place, by striking out "thirOrdered, That the committee appointed on the tieth day of September." and inserting "thirty- 30th of December last, "to inquire what amendfirst day of December," it passed in the affirmaments, if any, are necessary to the act for estabtive yeas 20. nays 11, as follows:

YEAS-Messrs. Adams, Bayard, Bradley, Clay, Giles, Gilman, Hillhouse, Howland, Mitchill, Pickering, Plumer, Reed, Smith of Maryland, Smith of New York, Sinith of Ohio, Smith of Tennessee, Smith of Vermont, Thurston, Tracy, and White.

lishing rules and articles for the government of the Armies of the United States," be discharged.

The bill, entitled "An act making further appropriations for fortifying the ports and harbors of the United States, and for building gunboats," was read the third time as amended, and passed.

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The bill, entitled "An act authorizing the settlement of the accounts between the United States and William Eaton," was read the third time. On the question, Shall this bill pass? it was determined in the affirmative-yeas 16, nays 12, as follows:

YEAS-Messrs. Bayard, Bradley, Clay, Condit, Fenner, Gilman, Howland, Kitchel, Maclay, Pickering, Reed, Smith of Maryland, Smith of Ohio, Smith of Vermont, Tracy, and White.

NAYS-Messrs. Adams, Gaillard, Giles, Logan, Mitchill, Moore, Plumer, Smith of Tennessee, Sumter, Thruston, Turner, and Worthington.

MARCH, 1807.

Representatives, entitled "An act repealing the duties on salt, and continuing in force, for a further time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers," be now read the third time by unanimous consent, it was objected to.

On motion, by Mr. TURNER, the Senate resumed the consideration of the motion for suspending the twelfth rule for conducting business in the Senate, which rule is as follows, viz: "Every bill shall receive three readings previous to its being passed and the President shall give no'tice at each, whether it be the first, second, or

So it was Resolved, That this bill pass. The bill, entitled "An act making compensa-third; which readings shall be on three different tion to Messrs. Lewis and Clarke and their companions," was read the third time, and passed.

The bill from the House of Representatives, entitled "An act making provision for the disposal of the public lands situated between the United States military tract and the Connecticut Reserve, and for other purposes," was read the third time, and passed.

The bill from the House of Representatives, entitled "An act disapproving of an act passed by the Governor and Judges of the Territory of Michigan, entitled 'An act concerning the Bank of Detroit," was read the third time, and passed. The bill from the House of Representatives, entitled "An act providing for the payment of the expense incurred by the military preparations for the defence of the Territory of Michigan against the hostile Indians, in the year 1806," was read the third time. On the question, Shall this bill pass ? it was determined in the negative.

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days, unless the Senate unanimously direct otherwise;" and a motion was made to postpone the consideration thereof until half past six o'clock this evening; and it passed in the negative.

On motion, by Mr. ADAMS, to strike out the words "be suspended for the remainder of the session," and insert "be abolished;" it passed in the negative-yeas 10, nays 17, as follows:

YEAS-Messrs. Adams, Bayard, Hillhouse, Kitchel, Pickering, Smith of Maryland, Smith of Ohio, Tracy, Turner, and Worthington.

NAYS-Messrs. Bradley, Condit, Fenner, Gaillard, Gilman, Howland, Logan, Maclay, Milledge, Mitchill, Moore, Plumer, Reed, Smith of Tennessee, Smith of Vermont, Thruston, and White.

Mr. BAYARD objected to the original motion for the suspension of the 12th rule, as not in order; and appealed to the decision of the PRESIDENT, who decided that the motion was in order.

On motion, by Mr. ADAMS, to amend the motion, and to insert, after the word "otherwise," " "and, also, the 18th of the said rules for conducting business in the Senate;" to wit:

The bill from the House of Representatives, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land appropriated for the refugees from the British Provinces of "No member shall absent himself from the service Canada and Nova Scotia," was read the third of the Senate, without leave of the Senate first obtaintime. On the question, Shall this bill be post-ed. And in case a less number than a quorum of the poned to the next session of Congress? it was determined in the affirmative.

The bill from the House of Representatives, entitled "An act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians," was read the third time as amended, by unanimous consent. Resolved, That this bill pass with an amend

ment.

A message from the House informed the Senate that the House have passed a bill, entitled "An act authorizing the discharge of Gilbert Drake from his imprisonment," in which they ask the concurrence of the Senate.

The bill last mentioned was twice read by unanimous consent, and referred to Messrs. BRADLEY, MITCHILL, and ADAMS, to consider and report thereon.

On motion, that the bill from the House of Representatives, entitled "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes," be now read a third time by unanimous consent; it was objected to.

On motion, that the bill from the House of

Senate shall convene, they are hereby authorized to send the Sergeant-at-Arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such excuse for non-attendance shall be made, as the Senate, when a quorum is convened, shall judge sufficient; and in that case, the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned:"

It passed in the negative.

On motion, to postpone the consideration of the subject for one hour, it passed in the negative.

On motion, by Mr. TURNER, to amend the original motion, to read as follows:

“Resolved, That so much of the 12th rule, for conducting business in the Senate, as requires that the three readings shall be on three different days, unless the Senate unanimously direct otherwise, be suspendod for the remainder of the present session :"

It passed in the affirmative-yeas 15, nays 10, as follows:

MARCH, 1807.

Proceedings.

YEAS-Messrs. Condit, Fenner, Gaillard, Howland, Kitchel, Logan, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Tennessee, Smith of Vermont, Turner, and Worthington.

NAYS-Messrs. Adams, Bayard, Gilman, Hillhouse, Mitchill, Pickering, Plumer, Thruston, Tracy, and

White.

SENATE.

sentatives may join, to wait on the President of the United States, and inform him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn.

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act confirming claims to land in the district of Vincennes; and they were referred to Messrs. TRACY, BRADLEY, and WORTHINGTON, to consider and report thereon.

A message from the House informed the Senate that the House have passed a bill, entitled "An act to establish certain post roads, and for other purposes ;" and, also, a bill, entitled "An act mak- The credentials of the honorable URIAH TRACY, ing compensation for extra services, to the Gov-appointed a Senator from the State of Connec ernor, Judges, and Secretary, of the Indiana Territory;" in which they desire the concurrence of the Senate.

The Senate resumed, as in Committee of the Whole, the bill from the House of Representatives, entitled "An act concerning invalid pensioners; and the President having reported the bill to the House without amendment, the bill was read a third time, and passed.

The bill from the House of Representatives, entitled "An act to establish certain post roads, and for other purposes," was read the first and second times. On the question, "Shall this bill pass to the third reading? it was determined in the affirmative.

The bill from the House of Representatives, entitled "An act making compensation for extra services to the Governor, Judges, and Secretary, of the Indiana Territory," was read the first and second times; and, on the question, Shall this bill pass to the third reading? it was determined in the affirmative.

ticut, for six years, from and after the third day of March, in the year of our Lord 1807, were presented and read, and laid on file.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act to reduce the expense attending the administration of justice in the District of Columbia ;" and concurred therein.

The bill from the House of Representatives, entitled "An act authorizing patents to issue for lands located and surveyed, by virtue of certain Virginia resolution warrants," was read the third time, and passed.

Mr. TRACY, from the committee to whom were referred the amendments of the House of Representatives to the bill, entitled "An act confirming claims to lands in the district of Vincennes;" made a report: Whereupon,

Resolved, That the Senate concur in the said amendments.

The Senate resumed the consideration of their amendments, disagreed to by the House of Representatives, to the bill, entitled "An act allowing an additional compensation to the judges of the Mississippi Territory, and extending the right of suffrage therein.

Resolved, That the Senate do insist on their said amendments.

The bill, entitled "An act repealing the acts laying duties on salt, and continuing in force, for a further time, the first section of the act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers," was read the third time as amended; and, on the question, Shall this bill pass as The bill from the House of Representatives, amended? it was determined in the affirmative-entitled "An act making compensation for extra yeas 17, nays 7, as follows: services to the Governor, Judges, and Secretary, of the Indiana Territory," was read the third time, and passed.

YEAS-Messrs. Bradley, Condit, Fenner, Gaillard, Howland, Kitchel, Logan, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Turner, and Worthington.

YEAS-Messrs. Adams, Gilman, Hillhouse, Pickering, Plumer, Thruston, and Tracy.

The bill, entitled "An act in addition to an act, entitled 'An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes," was read the third time, and passed. Adjourned to seven o'clock this evening.

Seven o'clock in the Evening.

Mr. BRADLEY, from the committee to whom was referred the bill, entitled "An act authorizing the discharge of Gilbert Drake from his imprisonment," reported the same without amendment; and the bill was read the third time, and passed. A motion was made, by Mr. ADAMS, as follows: Resolved, That a committee be appointed on the part of the Senate, with such as the House of Repre

The bill sent from the House of Representatives, entitled "An to establish certain post roads, and for other purposes," was read the third time, and passed.

The Senate resumed the report of the committee to whom was referred "The memorial of sundry merchants of Philadelphia, praying the benefit of drawback on certain articles exported, notwithstanding the formalities of the laws, by unavoidable casualties, have not been complied with;" which report is as follows:

"That the said memorial be referred to the Secretary of the Treasury, to examine the merits of the individual claims of the petitioners, and that he report the same to the Senate at their next session." And the report was agreed to.

A message from the House of Representatives informed the Senate that the House have appointed a committee on their part to wait on the President of the United States and notify him of the intended recess of Congress.

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