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Ordered, That the nomination of George Butler be referred to the Committee on Naval Affairs.

On motion by Mr. Polk,

The Senate, by unanimous consent, proceeded to consider the nomination of William G. Blackwood; and

Resolved, That the Senate advise and consent to the appointment of William G. Blackwood, agreeably to the nomination.

Ordered, That the nomination of Andrew J. O'Bannon be referred to the Committee on Finance.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred the nomination of John Madigan, jr., reported.

Whereupon

Resolved, That the Senate advise and consent to the appointment of John Madigan, jr., agreeably to the nomination.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred, the 2d inst., the nomination of John S. Gilliam, reported.

On motion by Mr. Sebastian,

On the question to postpone all previous orders to consider the articles of agreement and convention between the United States and the Yancton tribe of Sioux or Dacotah Indians, sigued the 19th day of April, 1858,

It was determined in the affirmative.

The said articles of agreement and convention were read the 2d time and considered as in Committee of the Whole; and no amendment being made, they were reported to the Senate.

Mr. Sebastian submitted the following resolution for consideration: Resolved (two thirds of the Senators present concurring), That the Senate advise and consent to the ratification of 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.

The Senate, by unanimous consent, proceeded to consider the said resolution.

On the question to agree thereto,

It was determined in the affirmative,

Yeas..
Nays

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Those who voted in the affirmative are, Messrs. Bayard, Bigler, Brown, Chandler, Clark, Collamer, Crittenden, Doolittle, Douglas, Durkee, Fessenden, Foot, Green, Hamlin, Harlan, Jones, Kennedy, King, Lane, Polk, Pugh, Rice, Sebastian, Seward, Shields, Simmons, Smith, Stuart, Trumbull, Wade, Ward, Wilson. Those who voted in the negative are,

Messrs. Bell, Broderick, Chesnut, Clay, Clingman, Fitzpatrick, Houston, Hunter, Iverson, Johnson of Tenn., Mason, Pearce, Reid, Slidell, Toombs.

So the said resolution was agreed to.

Ordered, That the Secretary lay the said resolution before the President of the United States.

On motion by Mr. Polk that he have leave to withdraw the motion submitted by him June 14th, 1858, to reconsider the vote of the Senate of the 4th June, 1858, advising and consenting to the ratification of the articles of agreement and convention between the United States and the Tonawanda band of Seneca Indians, of New York, made the 5th day of November, 1857,

It was determined in the affirmative.

Ordered, That the Secretary lay the resolution of the Senate of the 4th of June, 1858, advising and consenting to the ratification of the said

articles of agreement and convention, before the President of the United States.

Mr. Brown submitted the following resolution for consideration:

Resolved, That the President of the United States be requested to send to the Senate, in executive session, the evidences, recommendations, &c., &c., on which he nominated Hon. E. D. Potter a collector of the customs at Toledo, Ohio.

On motion by Mr. Brown that the Senate proceed to the consideration of the said resolution,

It was objected to.

Whereupon

Mr. Brown withdrew the said resolution.

Mr. Stuart, from the Committee on Public Lands, to whom was referred, 15th December last, the nomination of Thomas E. Massey, reported.

Mr. Stuart, from the Committee on Public Lands, to whom was referred, the zá inst., the nomination of William Moss, reported.

Mr. Stuart, from the Committee on Public Lands, to whom were referred, the 2d inst., the nomination of William Pelham, and the 8th inst. the nomination of Eli Moore, and the 19th of January last the nomination of Peter T. Crutchfield, reported.

Whereupon

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

Mr. Stuart, from the Committee on Public Lands, to whom was referred, January 4th, the nomination of James W. Mandeville, reported. Mr. Clay, from the Committee on Commerce, to whom were referred, the 8th inst., the nominations of Jesse Thomas, Joseph Ramsey, and John C. O'Grady, reported.

Whereupon

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

Mr. Fitch submitted the following resolution for consideration : Resolved, That hereafter no treaty or treaties with any tribe or tribes of Indians for the acquisition of territory, and contemplating any subsequent appropriations, or requiring any such, shall be made without the previous assent of the Senate.

The Senate resumed the consideration of the nomination of Emery D. Potter.

After debate,

On motion by Mr. Brown, on the question to commit the said nomination to the Committee on Commerce,

It was determined in the negative.

After further debate,

On the question, Will the Senate advise and consent to the appointment of Emery D. Potter,

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On motion by Mr. Pugh,

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

Messrs. Bigler, Brown, Chandler, Collamer, Durkee, Fitch, Foot, Houston, Iverson, King, Lane, Shields, Slidell, Smith, Trumbull, Wade,

Those who voted in the negative are,

Messrs. Broderick, Chesnut, Clark, Clay, Clingman, Doolittle, Douglas, Fessenden, Fitzpatrick, Green, Hamlin, Harlan, Kennedy, Mason, Polk, Pugh, Reid, Seward.

So it was

Resolved, That the Senate do not advise and consent to the appointment of Emery D. Potter, agreeably to the nomination.

TUESDAY, MARCH 1, 1859.

On motion by Mr. Green that the Senate reconsider the vote of the 16th of February that the Senate do not advise and consent to the appointment of Emery D. Potter,

Ordered, That the consideration of the said motion be postponed until to-morrow.

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 the following persons to be justices of the peace for the county of Washington, District of Columbia, the said persons having been appointed by me during the recess of the Senate, viz:

Charles P. Wannall, William R. Woodward, Pierce Shoemaker, John S. Hollingshead, Gilbert L. Giberson, James Ward, William S. Clary, William A. Manning, Benjamin W. Ferguson, John H. Johnson, John Mills, Charles Allen.

JANUARY 11, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Martin Russell to be surveyor of the customs for the port of Troy, in the State of New York, his late commission having expired. JAMES BUCHANAN.

WASHINGTON, February 16, 1859.

To the Senate of the United States:

I nominate Henry M. Dowd to be surveyor of the customs for the port of Albany, in the State of New York, his late commission having expired.

WASHINGTON, February 16, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I transmit to the Senate, for its consideration with a view to ratification, two conventions between the United States and China, one providing for the adjustment of claims of citizens of the United States on the Government of that Empire, the other for the regulation of trade, both signed at Shanghai on the 8th of November last. A copy of the despatches of Mr. Reed to the Department of State on the subject is also herewith transmitted.

JAMES BUCHANAN.

To the Senate of the United States:

I hereby nominate John J. Hoffman to be deputy postmaster at Massillon, in the county of Stark and State of Ohio, whose commission expires on the 28th of February, A. D. 1859.

WASHINGTON, D. C., February 17th, 1859.

To the Senate of the United States :

JAMES BUCHANAN.

I hereby nominate William M. Campbell to be deputy postmaster at Battle Creek, in the county of Calhoun and State of Michigan, to take effect from and after the 4th March next.

WASHINGTON CITY, 19th February, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Bartholomew Fuller, of North Carolina, to be Fifth Auditor of the Treasury of the United States, in the place of Murray McConnel, resigned, to take effect on the 1st day of March, 1859.

WASHINGTON, February 21, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Philip Harvey to be surveyor of the customs for the port of Burlington, in the State of Iowa, his late commission having expired.

WASHINGTON, February 21, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate José N. Casanova, of New York, to be consul of the United States at Guayaquil, to fill a vacancy.

WASHINGTON, February, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate Adam R. Shipley to be deputy postmaster at Portland, in the county of Washington and State of Oregon, said office having become Presidential.

WASHINGTON CITY, February 21, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate Joseph C. Bowen to be deputy postmaster at Hannibal, in the county of Marion and State of Missouri, the said office having become Presidential.

JAMES BUCHANAN.

To the Senate of the United States:

I hereby nominate William P. Ankeny to be deputy postmaster at Minneapolis, in the county of Hennepin and State of Minnesota, the said office having become Presidential.

WASHINGTON CITY, February 21, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate Hackaliah B. Strang to be deputy postmaster at Peekskill, in the county of West Chester and State of New York, the said office having become Presidential.

WASHINGTON CITY, February 21, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate John V. Lovely to be deputy postmaster at Paris, in the county of Bourbon and State of Kentucky, the said office having become Presidential.

WASHINGTON CITY, February 21, 1859.

To the Senate of the United States :

JAMES BUCHANAN.

I hereby nominate Charles Cornwall to be deputy postmaster at Catskill, in the county of Greene and State of New York, the said office having become Presidential.

WASHINGTON, D. C., February 21, 1859.

Te the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate Joel D. Jones to be deputy postmaster at Prairie du Chien, in the county of Crawford and State of Wisconsin, the said office having become Presidential.

WASHINGTON CITY, February 21, 1859.

To the Senate of the United States :

JAMES BUCHANAN.

I hereby nominate Robert T. Vanhorn to be deputy postmaster at Kansas, in the county of Jackson and State of Missouri, the said office having become Presidential.

WASHINGTON CITY, 22nd February, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate John Taylor to be deputy postmaster at Goldsborough, in the county of Wayne and State of North Carolina, the said office having become Presidential.

JAMES BUCHANAN.

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