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On motion by Mr. Benjamin that the Senate adjourn,
It was determined in the negative.
After further debate,
On motion by Mr. Kennedy that the Senate adjourn,
It was determined in the negative.
After further debate,

On motion by Mr. Seward,
The Senate adjourned.

MONDAY, JANUARY 24, 1859.

The following messages were received from the President of the United States, by Mr. Henry, his secretary : To the Senate of the United States :

On the seventh day of the present month I nominated James M. Spurllock to be marshal of the United States for the district of Georgia, būt the name of the nominee was erroneously written Spurlock.

I now submit the case to the Senate again, so that the error may be corrected on your records and the commission properly issued.

JAMES BUCHANAN. VASHINGTON, January 24, 1859.

To the Senate of the United States :

I nominate W. Wallace Ward, of Georgia, to be secretary of the legation of the United States in China.

JAMES BUCHANAN. WASHINGTON, January 24th, 1859.

The messages were read.

On motion by Mr. Bayard, The Senate, by unanimous consent, proceeded to consider the nomination of James M. Spurllock; and

Resolved, That the Senate advise and consent to the appointment of James M. Spurllock, agreeably to the nomination.

On motion by Mr. Toombs, The Senate, by unanimous consent, proceeded to consider the nomination of W. Wallace Ward; and

Resolved, That the Senate advise and consent to the appointment of W. Wallace Ward, agreeably to the nomination.

Mr. Yulee, from the Committee on the Post-Office and Post-Roads, to whom was referred, the 21st inst., the nomination of Edmund Richardson, reported.

Whereupon

Resolved, That the Senate advise and consent to the appointment of Edmund Richardson, agreeably to the nomination.

Mr. Yulee, from the Committee on the Post-Office and Post-Road, to whom was referred, December 13th, the nomination of Charles L. Weller, reported.

The Senate resumed the consideration of the nomination of Emery D. Potter. After debate,

On motion by Mr. Davis, Ordered, That the further consideration of the said nomination be postponed, and that it be made the order of the day for Wednesday next, the 26th inst., at two o'clock.

The Senate proceeded to consider the nomination of Benjamin Wiggin.

On motion by Mr. Fessenden, Ordered, That the further consideration of the said nomination be postponed until to-morrow.

The Senate proceeded to consider the nominations of Charles Bodman and Rudolph F. Schillon; and

Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.

On motion by Mr. Yulee, The articles of agreement and convention between the United States and the Yancton tribe of the Sioux or Dakotah Indians, signed the 19th day of April, 1858, were read the 2d time, and considered as in Committee of the Whole; and,

On motion by Mr. Green, Ordered, That the further consideration of the said articles of agreement and convention be postponed, and that they be made the special order of the day for Wednesday next, the 26th instant, at two o'clock.

WEDNESDAY, JANUARY 26, 1859.

The articles of agreement and convention between the United States and the Yancton tribe of Sioux or Dacotah Indians, signed the 19th day of April, 1858, were read the 2d time, and considered as in Committee of the Whole; and,

On motion by Mr. Gwin, Ordered, That the further consideration of the said articles of agree. ment and convention be postponed, and that they be made the special order of the day for to-morrow (Thursday), the 27th inst., 2 o'clock.

WEDNESDAY, FEBRUARY 2, 1859. The following messages were received from the President of the United States, by Mr. Henry, his secretary: To the Senate of the United States :

I nominate William Moss, of Arkansas, to be register of the land office at Washington, Arkansas, commissioned during the recess of the Senate, vice Henry P. Jolinson, resigned.

JAMES BUCHANAN. WASHINGTON, January 25, 1859.

To the Senate of the United States:

I nominate William Pelham, of New Mexico, to be surveyor-general of the Territory of New Mexico, commissioned during the recess of the. Senate, his previous term of office having expired.

JAMES BUCHANAN. WASHINGTON, January 18, 1859.

To the Senate of the United States :

I nominate James S. Gilliam to be assistant surgeon in the Navy, from the 26th of April, 1847, to take rank next after Passed Assistant

This nomination is intended to restore Passed Assistant Surgeon Gilliam to his former position in the Navy, he having resigned on the 20 December, 1858, and there being a vacancy.

JAMES BUCHANAN. WASHINGTON, D.O., January 21, 1859.

To the Senate of the Unit States :

I nominate Andrew F. Ammidown, of Worcester, Massachusetts, to be Navy agent for the port of Boston, Massachusetts, for four years, from the 8th of February, 1859, when the commission of the present incumbent will expire.

JAMES BUCHANAN. WASHINGTON, D. C., January 25, 1859.

To the Senate of the United States:

I nominate Samuel M. Weaver, of Arkansas, to be marshal of the United States for the eastern district of that State, vice John Quindley, resigned.

JAMES BUCHANAN. JANUARY 26, 1859.

To the Senate of the United States:

I nominate Thomas S. Twiss, of Kansas Territory, to be agent for the Indians of the Upper Platte Agency, to take effect from and after the 3d day of March, 1859, when his present term of office will expire.

JAMES BUCHANAN. WASHINGTON, January 28, 1859.

To the Senate of the United States:

I nominate William Shearer to be surveyor of the customs for the port of Lake Port, in the State of Louisiana, his late commission haviug expired.

JAMES BUCHANAN. WASHINGTON, February 1st, 1859.

To the Senate of the United States:

I nominate William Nolen to be surveyor of the customs for the port of Paducah, in the State of Kentucky, his late commission having expired.

JAMES BUCHANAN. WASHINGTON, February 1st, 1859.

To the Senate of the United States:

I nominate Philip T. Colby, of Kansas T., for appointment as marshal of the United States for said Territory, vice William P. Fain, re. signed.

JAMES BUCHANAN. FEB. 1st, 1859.

To the Senate of the United States:

I nominate John H. New, of Louisiana, for appointment as attorney of the United States for the western district of that State, vice Floyd Walton, resigned.

JAMES BUCHANAN. FEB. 2ND, 1859.

To the Senate of the United States:

I nominate Christopher H. Dabbs, of Louisiana, to be receiver of public moneys for the district of lands subject to sale at Monroe, Louisiana, to take effect from and after the 7th of February, 1859, when the commission of Charles H. Morrison will expire.

JAMES BUCHANAN. WASHINGTON, January 31, 1859.

To the Senate of the United States:

I nominate Daniel Reisinger, of Kansas Territory, to be Indian agent for the “Delaware” Agency, to take effect from and after the 3d day of March, 1859, when the commission of the present incumbent will expire.

JAMES BUCHANAN. WASHINGTON, February 1, 1859.

To the Senate of the United States:

I nominate James R. Vineyard, of California, to be Indian agent in the State of California, to take effect from and after the 3d day of March, 1859, when his present term of office will expire.

JAMES BUCHANAN. WASHINGTON, February 1, 1859.

To the Senate of the United States:

I nominate Milton O. Dickey, of Kansas Territory, to be agent for the Indians of the “Kansas" Agency, to take effect from and after the 3d day of March, 1859, when the commission of the present incumbent will ex. pire.

JAMES BUCHANAN. WASHINGTON, February 1, 1859.

The messages were read.

Ordered, That the nominations of William Moss, William Pelbam, and Christopher H. Dabbs be referred to the Committee on Public Lands.

On motion by Mr. Sebastian, The Senate, by unanimous consent, proceeded to consider the nomi. nation of Samuel M. Weaver; and

Resolved, That the Senate advise and consent to the appointment of Samuel M. Weaver, agreeably to the nomination.

Ordered, That the nominations of Philip T. Colby and John H. New be referred to the Committee on the Judiciary.

Ordered, That the nomiuations of James S. Gilliam and Andrew F. Ammidown be referred to the Committee on Naval Affairs.

Ordered, That the nominations of William Shearer and William Nolen be referred to the Committee on Commerce.

Ordered, That the nominations of Thomas S. Twiss, Daniel Reisenger, James R. Vineyard, and Milton O. Dickey be referred to the Committee on Indian Affairs.

Mr. Clay, from the Committee on Commerce, to whom was referred, January 19th, the nomination of Charles De Ronceray, reported.

Whereupon Resolved, That the Senate advise and consent to the appointment of Charles De Ronceray, agreeably to the nomination.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred, January 13th, the convention between the United States and the Republic of Chili, signed on the 10th day of November, 1858, pro

viding for the reference to an arbiter of the questions relative to a sum of money, the proceeds of the cargo of the brig“ Macedondian,” reported it without amendment.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred, December 22d, the convention between the United States and Belgium for regulating the commerce and navigation between the two countries, signed in Washington on the 17th day of July, 1858, reported it without amendment.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred, January 5th, 1858, the convention between the United States and Belgium for regulating the right of inheriting and acquiring property, concluded at the city of Washington the 25th day of August, 1852, reported it with an amendment.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred, December 13th, the nomination of James Simons, reported.

Mr. Davis, from the Committee on Military Affairs and the Militia, submitted the following report:

The Committee on Military Affairs and the Militia, to whom was referred the nomination of Dr. James Simons, to be surgeon, vice Harney, deceased, and to take rank next after Surgeon De Leon, having bad the same under consideration, report:

The act of March 3, 1851, chapter 33, provides “ that all promotions in the staff department or corps shall be made as in the other corps of the Army.” Thus the rule of promotion in the medical staff was made thereafter to conform to the existing general rule of promotion in the Army, to wit, by seniority. The committee therefore hold that the law requires the vacancy created in the grade of surgeon by the death of Surgeon Harney to be filled by the promotion of the senior assistant surgeon. It only remained, therefore, for the committee to determine whether the nominee (Dr. Simons) is the senior assistant surgeon; and, after a careful examination, they have reached the conclusion that this question must be answered in the negative.

It appears that Dr. Simons was arraigned before a general court-mar. tial, which convened at Fort Riley on the 25th September, 1855, in pursuance of special orders from the War Department, and, in conformity with the rules and articles of war, he was tried and sentenced to be dismissed the service of the United States. The President approved the sentence. It was executed on the 16th January, 1856, and from that date, therefore, Assistant Surgeon James Simous ceased to be an officer of the Army. Being out of the service, be applied for permission to appear before a medical board, as provided by the act of June 30, 1834; and, having been examined and approved as a candidate for ad mission into the medical staff of the Army, he was, upon the happening of a vacancy duriug the recess of the Senate, viz, on the 3d October, 1857, appointed by the Presideut av assistant surgeon, to take rank from that date, and was so nominated to the Senate at its next session. This nomination the Senate confirmed, but with a recommendation to tbe President to give biin rank according to a coinmission he formerly held as assistant surgeon, of date the 11th July, 1839, and a cominission bearing that date, not the date for which he had been nominated and confirmed, was issued to biu. But it was not legally competent to the President to issue a commission conferring this rank without first, according to the course prescribed by the Constitution, making the proper nomination to the Senate and having their consent and advice to the appoiutment subsequent and not precedent to such nomination.

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