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By Mr. Niblack; The petition of citizens of Indiana, in favor of a homestead for actual settlers on the public lands; which was referred to the Committee on Public Lands.

By Mr. Cox: The petition of Alexander Van Wart, heir of Isaac Van Wart, jr.-heretofore referred January 12, 1858;

Also, the petition of David Williams-heretofore referred January 12, 1858.

Ordered, That the said petitions be referred to the Committee on Revolutionary Claims.

By Mr. Duell: The petition of citizens of New York for a homestead bill.

By Mr. Davidson: The memorial of Andrew R. Hynes, E. G. Watson, E. P. Rundle, and others, praying for a resurvey of township No. 17, range No. 12 east, of lands north of Red river, in the State of Louisiana.

By Mr. Cox: Seven petitions of citizens of the State of Ohio, praying for bounty land for the soldiers of the war of 1812.

By Mr. Burch: The petition of citizens of the State of California, praying for the entry of the lands embraced within the corporate bounds of the town of Union, in said State.

By Mr. John Cochrane: The petition of citizens of the United States, praying for the freedom of the public lands to actual settlers. By Mr Davidson: The petition of the citizens of Avoyelle parish, in the State of Louisiana, praying for a resurvey of certain lands in said State.

By Mr. I. I. Stevens: The memorial of Charles E. Roberts, praying for the confirmation of his claim to certain lands in the Territory of Oregon-heretofore referred March 27, 1858.

By Mr. Estabrook: The memorial of Alexander Albertson, praying to be authorized to enter certain lands.

By Mr. Spaulding: The petition of citizens of the State of New York, in favor of homesteads for actual settlers.

By Mr. Alley: The memorial of citizens of the State of Massachusetts, in regard to excluding privateersmen from the benefit of the bounty land act of March 3, 1855.

Ordered, That the said petitions be referred to the Committee on Public Lands.

By Mr. Grow: The memorial of citizens of the State of Massachusetts, in favor of a homestead bill.

By Mr. Spaulding: The petition of citizens of the State of New York, in favor of the gradual emancipation of slavery upon sufficient pecuniary compensation.

By Mr. Hutchins: Three petitions of Amos Dresser and others, citizens of the State of Ohio, in favor of the repeal of the fugitive slave acts of 1793 and 1850.

By Mr. Farnsworth: Two petitions of the citizens of the State of Illinois, in favor of the repeal of the fugitive slave acts of 1793 and 1850.

Ordered, That the said petitions be referred to the Committee on the Judiciary.

By Mr. Hutchins: Two petitions of citizens of the State of Ohio, praying for further legislation to prevent the revival of the foreign slave trade; which were referred to the Committee on Foreign Affairs;

Also, two petitions of citizens of the State of Ohio, for the abolition of slavery in the District of Columbia; which were referred to the Committee for the District of Columbia.

By Mr. Scott: The petition of George Pen Johnston, praying Congress to direct the payment of his fees and compensation as United States commissioner for the northern district of California.

By Mr. Gartrell: The petition of the justices of the inferior court of Cobb county, Georgia; of the United States district court, clerk, and deputy marshal, for an appropriation to erect a new jail at Marietta, Georgia, for the safe-keeping of United States prisoners and others.

By Mr. Fouke: The petition of Thomas M. Hope, praying relief from a jugment obtained against him as United States marshal for the district of Illinois.

By Mr. Burnett: The memorial of Sweeny, Rittenhouse, Fant & Co., for relief for damages sustained by the action of the Secretary of the Treasury under the act of June 14, 1858, authorizing the ten mil lion dollars loan.

Ordered, That the said petitions be referred to the Committee on the Judiciary.

The Speaker, by unanimous consent, laid before the House the following message heretofore received from the President of the United States, viz:

To the Senate and House of Representatives :

I transmit a copy of a letter of the 22d of April last from the chargé d'affairs ad interim of the United States in China, and of the regula tions for consular courts which accompanied it, for such revision thereof as Congress may deem expedient, pursuant to the sixth section of the act approved the 11th of August, 1848.

WASHINGTON, February 6, 1860.

The same having been read,

JAMES BUCHANAN.

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

The Speaker also, by unanimous consent, laid before the House the following executive communications, viz:

I. A letter from the Secretary of State, transmitting a list of the clerks and other persons in his department during the year 1859; which was laid on the table, and ordered to be printed.

II. A letter from the Secretary of State, transmitting an abstract of returns of registered American seamen; which was laid on the table, and ordered to be printed.

III. A letter from the Secretary of State, notifying the House of his transmission to the Senate of the annual report of commercial regulations with foreign nations; which was laid on the table, and ordered to be printed.

IV. A letter from the Secretary of State, communicating statements showing the manner of the expenditure of the contingent fund of the State Department; which was laid on the table, and ordered to be printed.

V. A letter from the Secretary of the Interior, transmitting a statement of balances of appropriations, transfers, &c.; which was laid on the table, and ordered to be printed.

VI. A letter from the Secretary of the Treasury, transmitting a statement of receipts and expenditures for the year ending June 30, 1859; which was laid on the table, and ordered to be printed.

VII. A letter from the Comptroller of the Treasury, transmitting a statement of balances which have been due the United States for more than one year; which was laid on the table, and ordered to be printed.

VIII. A letter from the Secretary of the Treasury, transmitting his annual report on the state of the finances; which was referred to the Committee of Ways and Means, and ordered to be printed.

Mr. Houston moved that the usual number of extra copies of the same be printed; which motion was referred to the Committee on Printing.

IX. A letter from the Secretary of the Treasury, transmitting a list of the persons employed in the coast survey, together with a statement of the expenditures made under the direction of the Superintendent within the last fiscal year; which was laid on the table, and ordered to be printed.

X. A letter from the Second Auditor of the Treasury Department, transmitting accounts of persons charged with disbursements of money, goods, &c., for the benefit of the Indians; which was laid on the table, and ordered to be printed.

XI. A report of the Third Auditor of the Treasury, in pursuance of a resolution of the House of Representatives of the 8th February, 1859, in regard to claims growing out of Indian hostilities in Oregon and Washington in 1855 and 1856; which was referred to the Committee on Military Affairs, and ordered to be printed.

XII. A letter from the Secretary of the Interior, transmitting his annual statement of the contingent expenses of his department during the last fiscal year; which was laid on the table, and ordered to be printed.

XIII. A letter from the Secretary of the Interior, transmitting a list of the clerks and other persons employed in his department during the year 1859; which was laid on the table, and ordered to be printed. XIV. A letter from the Secretary of the Interior, transmitting transcripts of certain land claims in New Mexico; which was referred to the Committee on Private Land Claims, and ordered to be printed. XV. A letter from the Acting Treasurer of the United States, transmitting copies of his accounts with the United States; which was laid on the table, and ordered to be printed.

XVI. A letter from the Secretary of the Navy, transmitting a statement of the expenditure of the contingent fund of his department during the last fiscal year; which was laid on the table, and ordered to be printed.

XVII. A letter from the Secretary of the Navy, transmitting a list of the clerks and other persons employed in his department during the year 1859; which was laid on the table, and ordered to be printed.

XVIII. A letter from the Secretary of War, transmitting a list of clerks and other persons employed in his department during the year 1859; which was laid on the table, and ordered to be printed.

XIX. A letter from the Commissioner of Patents, transmitting his annual report (mechanical) for the year 1859; which was laid on the table and ordered to be printed.

XX. A letter from the Secretary of the Senate and Clerk of the House of Representatives, stating the progress made in the compilation of American State Papers" since their first report; which was laid on the table, and ordered to be printed.

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The Speaker also laid before the House a copy of the Constitution of Kansas, adopted at Wyandot on the 29th of July, 1858; which was referred to the Committee on Territories, and ordered to be printed. The Speaker having proceeded to call the States and Territories for bills and resolutions,

Mr. Morse submitted the following resolution; which was read, and laid over one day under the rule, viz:

Resolved, That the President of the United States be requested to communicate to this House copies of all communications which have been received from the British government, or from any officer thereof, on the subject of the African slave trade since the 28th day of February, 1858, and copies of all correspondence which has taken place between said government and the government of the United States on the subject of said trade.

Mr. Morse submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the Committee on Commerce be directed to inquire into the expediency of prohibiting by law all American vessels from engaging in the Coolie trade, or from transporting apprentices, so called, to the West Indies or other parts of the world.

Mr. Morse, on leave, introduced a bill (H. R. 2) to modify the seaservice pay of pursers in the navy; which was read a first and second time, and referred to the Committee on Naval Affairs.

Mr. Morse submitted the following resolution, viz:

Resolued, That the several committees of the House that were authorized at the second session of the last Congress to employ clerks, with the addition of the Committees on Accounts and Territories, are hereby authorized to employ clerks during the sessions of the present Congress, at the rate of compensation of four dollars a day during the sessions of Congress.

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Mr. Winslow made the point of order that inasmuch as this was private bill day, the said resolution was out of order.

The Speaker overruled the said point of order, on the ground that the call for bills and resolutions was proceeding, by general consent, without regard to their being private or public bills or resolutions.

From this decision of the Chair Mr. Burnett appealed.

Pending which,

Mr. Ellihu B. Washburne moved that the appeal be laid on the table. And the question being put,

Yeas.

It was decided in the affirmative, Nays..

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

Mr. Charles F Adams
Green Adams

Cyrus Aldrich
John B. Alley
Elijah Babbitt
Charles L. Beale
John A. Bingham
Samuel S. Blair
Harrison G. Blake
William D. Brayton
George Briggs
Francis M. Bristow
James Buffinton
Anson Burlingame
Alfred A. Burnham
Martin Butterfield
James H. Campbell
John Carey
Luther C. Carter
Charles Case

John B. Clark
Williamson R. W. Cobb
John Cochrane
Schuyler Colfax
James Craig
Samuel R. Curtis
H. Winter Davis
John G. Davis
Henry L. Dawes
Charles Delano
R. Holland Duell
W. McKee Dunn
Thomas M. Edwards
Alfred Ely

Emerson Etheridge

Mr. Reuben E. Fenton Orris S. Ferry Stephen C. Foster Augustus Frank John A. Gilmer Daniel W. Gooch Galusha A. Grow John A Gurley James T. Hale John B. Haskin Robert Hatton William Helmick Charles B. Hoard James Humphrey Jolin Hutchins Benjamin F. Junkin Francis W. Kellogg William Kellogg William S. Kenyon David Kilgore De Witt C. Leach M. Lindley Lee Dwight Loomis Owen Lovejoy Gilman Marston James B. McKean Robert vicKnight John S. Millson William Millward James K. Moorhead Justin S. Morrill Edward Joy Morris Freeman H. Morse Thomas A. R. Nelson

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Mr. John W. Noell
John U. Pettit
Albert G. Porter
John F. Potter
John H. Reynolds
Christopher Robinson
Homer E. Royce
John Schwartz
Charles B. Sedgwick
John Sherman
Elbridge G. Spaulding
Francis E. Spinner
Benjamin Stanton
Thaddeus Stevens
William B. Stokes
Lansing Stout

John L. N. Stratton
Mason W. Tappan
Thomas C. Theaker
Cydnor B. Tompkins
Charles R Train
Carey A. Trimble
William Vandever
Charles H. Van Wyck
John P. Verree
Edward Wade
E. P. Walton

Cadwalader C. Washburn
Ellihu B. Washburne
Israel Washburn, jr.
Alfred Wells
James Wilson
John Wood
John Woodruff.

Mr. John McQueen

John J. McRae
W. Porcher Miles
William Montgomery
Sydenham Moore,
William E. Niblack
George H. Pendleton
Samuel O. Peyton
Roger A. Pryor
James M. Quarles
John H. Reagan
James C. Robinson
Albert Rust
Charles L. Scott
Otho R. Singleton
William Smith
Miles Taylor
James H. Thomas
Clement L. Vallandigham

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