Strike out the first section of the bill as amended, after the enacting clause, and insert the following: That the 4th and 5th sections of the act entitled "An act to establish a territorial government for Utah," approved 9th of September, 1850, be, and the same are hereby, repealed. SEC. 2. And be it further enacted, That hereafter the legislative power, as defined and limited in said act, shall be vested in the governor and thirteen of the most fit and discreet persons of the Territory, to be called the legislative council, who shall be appointed biennially by the President of the United States, by and with the advice and consent of the Senate, from among the citizens of the United States residing therein, and without reference to any districts which have heretofore been laid off. SEC. 3. And be it further enacted, That the first appointments under this act shall be made on or before the fourth of March, eighteen hundred and sixty-one, on which day said appointments shall take effect." And the question being put, Will the House agree thereto? Yeas It was decided in the negative, {Xays 47 151 The yeas and nays being desired by one-fifth of the members present, Mr. William S. Holman Mr. James K. Moorhead Justin S. Morrill So the said amendment was disagreed to. Mr. Francis E. Spinner Benjamin Stanton Thomas C. Theaker Cydnor B. Tompkins Cadwalader C. Washburn Alfred Wells Mr. Branch moved that the vote by which the amendment submitted by Mr. Nelson was agreed to be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to. Mr. Morrill moved that the vote by which the amendment submitted by Mr. Branch was disagreed to be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to. The amendment, in the nature of a substitute for the bill, submitted by Mr. Logan was then read as follows, viz: Strike out ail after the enacting clause and insert: That the act entitled "An act to establish a territorial government for Utah," approved September nine, eighteen hundred and fifty, be, and the same is hereby, repealed: Provided, That all suits, process, and proceed ings, civil and criminal, at law and in equity, and all indictments and informations which shall be pending and undetermined in the courts of said Territory, established by the act aforesaid, when this act shall take effect, shall be transferred to be heard, tried, prosecuted, and determined in the district courts of the Territories hereinafter provided for, which may include the counties and districts where any such proceedings may be pending. All crimes and misdemeanors against the laws in force within the said limits may be prosecuted, tried, and punished in the courts established by this act; and all penalties, forfeitures, actions and causes of action, may be recovered under this act in like manner as they would have been under the laws in force within the limits composing said Territory at the time this act shall go into operation. SEC. 2. And be it further enacted, That district of country which is embraced within the following limits, to wit: beginning at the point where the one hundred and second (102d) meridian intersects the thirty-seventh parallel of north latitude; thence on said meridian until it intersects the forty-second (42d) parallel of north latitude; thence west on said parallel to the one hundred and thirteenth (113th) meridian of longitude west of Greenwich; thence south on said meridian to the thirty-seventh parallel of north latitude; thence on said parallel to the place of beginning, be, and the same is hereby, created and organized into a temporary government, to be called the Territory of Jeffersonia; and the provisions of the act for the organization of the Territory of Nebraska, approved May thirtieth, eighteen hundred and fifty-four, are hereby declared to be the organic act of the said Territory of Jeffersonia, with the boundaries hereinbefore described, as fully as if the provisions of said act were herein set forth and particularly re-enacted; and until the legislature of said Territory shall otherwise provide, the seat of government of said Territory shall be at Denver City. SEC. 3. And be it further enacted, That the residue of suid Territory of Utah, bounded as follows: beginning at a point on the forty-second (42d) parallel of north latitude, where the one hundred and thirteenth (113th) meridian of longitude crosses the same; thence south on the said meridian to the thirty-seventh (37th) parallel of north latitude; thence west on said parallel until it intersects the boundary of the State of California; thence, following the said boundary, to the forty-second (42d) parallel of north latitude; thence east on said parallel to the place of beginning, be, and the same is hereby, created and organized into a temporary government, by the name of the Territory of Nevada; and the provisions of the said act for the organization of the said Territory of Nebraska, approved May thirtieth, eighteen hundred and fifty-four, are hereby declared to be the organic act of the said Territory of Nevada, with the boundaries hereinbefore last described, as fully as if the provisions of said act were herein set forth and particularly re-enacted; and until the legislature of said Territory shall otherwise provide, the seat of government of the same shall be at Genoa. And the question being put, Will the House agree thereto? Yeas. It was decided in the negative, Nayg 35 159 The yeas and nays being desired by one-fifth of the members present, 1 Mr. Charles F. Adams William C. Anderson William Barksdale Emerson Etheridge Mr. Lucius J. Gartrell Andrew J. Hamilton Hughes George S. Houston So the said amendment was disagreed to. Mr. Abraham B. Olin George W. Scranton Thomas C. Theaker Cadwalader C. Washburn William Windom John Woodruff Samuel H. Woodson. Under the further operation of the previous question the bill was ordered to be engrossed and read a third time. The question was then put, Will the House agree to the preamble? And it was decided in the negative. So the preamble was disagreed to. The bill being engrossed, was then read a third time. Mr. Burnett moved that the vote on the preamble be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to. Pending the question on the passage of the bill, Mr. Nelson moved the previous question; which was seconded and the main question ordered and put, viz: Shall the bill pass? Yeas And it was decided in the affirmative, {Nays 149 60 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 Thomas L. Anderson Horace F. Clark Williamson R. W. Cobb Schuyler Colfax Emerson Etheridge John F. Farnsworth Mr. Reuben E. Fenton J. Morrison Harris Mr John T. Nixon Abraham B. Olin George W. Palmer John J. Perry John U. Pettit Albert G. Porter John F. Potter Roger A. Pryor James M. Quarles John H. Reagan Alexander H. Rice Christopher Robinson Homer E Royce John Schwartz George W. Scranton John Sherman Daniel E. Sickles William E. Simms Otho R. Singleton William N, H. Smith Elbridge G. Spaulding Francis E. Spinner Benjamin Stanton Thaddeus Stevens John W. Stevenson William Stewart William B. Stokes John L. N. Stratton Mason W. Tappan Thomas C. Theaker Cydnor B. Tompkins Charles R. Train Carey A. Trimble John W H. Underwood Zebulon B. Vance William Vandever Charles H. Van Wyck John P. Verree Henry Waldron E. P. Walton Cadwalader C. Washburn Edwin H. Webster James Wilson William Windom Mr. Samuel S. Cox Martin J. Crawford |