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JOURNAL OF THE EXECUTIVE PROCEEDINGS OF THE SENATE OF THE UNITED STATES.

[At a special session convened by the proclamation of the President of the President of the U. S. of the 26th day of February, 1859.]

SATURDAY, MARCH 5, 1859.

The following messages were received by the President of the United States, by Mr. Heury, his secretary:

To the Senate of the United States :

I renominate to the Senate all the persons for the respective offices for which I nominated them during the last session of the Senate, and which were not acted upon by the Senate previous to their final adjournment on yesterday, with the exception of Benjamin Ferguson, nominated as register of the land office at Hudson, Wisconsin, and Daniel Reisinger, nominated as Indian agent for the Delaware tribe of Indians. JAMES BUCHANAN.

WASHINGTON CITY, 4th March, 1859.

The following are the persons renominated in the aforegoing message by the President:

Benjamin Wiggin, nominated 17 Dec'r, 1858.

James Simons, nominated 10 Dec'r, 1858.

S. Cooper McKee, nominated 10 Dec'r, 1858.
Charles L. Weller, nominated 10 Dec'r, 1858.
Milton C. Dickey, nominated 1 Feb'y, 1859.
James W. Mandeville, nominated 4 Jan'y, 1859.
James S. Gilliam, nominated 21 Jan'y, 1859.
John S. Hollingshead, nominated 11 Jan'y, 1859.
John H. Johnson, nominated 11 Jan'y, 1859.
Patrick H. Downey, nominated 18 Feb'y, 1859.

John G. Barnard and others, nominated 26 Feb'y, 1859.
John S. Dickinson, nominated 1 March, 1859.

Madison Post, nominated 17 Feb'y, 1859.
Jesse Carter, nominated 17 Feb'y, 1859.

James Y. McDuffie, nominated 2 March, 1859.

To the Senate of the United States :

I nominate Joseph Miller, of Ohio, to be associate justice of the supreme court of the United States for the Territory of Nebraska, to fill a vacancy. JAMES BUCHANAN.

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To the Senate of the United States:

I nominate Richard D. Gholson, of Kentucky, to be governor of the Territory of Washington, to fill a vacancy.

WASHINGTON, March 4th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Lewis Sanders, of California, to be collector of the customs for the district of Sacramento, in the State of California, in the place of Thomas W. Sutherland, deceased.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Robert M. McLane, of Maryland, to be envoy extraordinary and minister plenipotentiary of the United States in Mexico, to fill a vacancy.

WASHINGTON, March 5th, 1859.

To the Senate of the United States :

JAMES BUCHANAN.

I nominate Henry R. La Reintrie, of California, to be secretary of the legation of the United States in Mexico, to fill a vacancy.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Alexander H. Redfield, of Michigan, to be Indian agent under the provisions of the treaty of 19th April, 1858, with the Yancton tribe of Sioux or Dacotah Indians.

WASHINGTON, March 4, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominrte Samuel Stover, of Kansas, to be agent for the Indians of the Delaware agency.

WASHINGTON, March 4, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Orpheus Everts, of Wisconsin, to be register of the land Office for the district of lands subject to sale at Hudson, Wisconsin, vice John O. Henning, resigned.

WASHINGTON, March 4, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Ebenezer Warner, of Michigan, to be receiver of public moneys for the district of lands subject to sale at Marquette, Michigan, vice Robert J. Graveract.

JAMES BUCHANAN.

To the Senate of the United States:

I hereby nominate Alexander N. Zevely, of North Carolina, to be Third Assistant Postmaster-General, in place of John Marron, deceased. JAMES BUCHANAN.

WASHINGTON, D. C., March 5th, 1859.

To the Senate of the United States:

I hereby nominate Adam Van Dusen to be deputy postmaster at Astoria, in the county of Clatsop and State of Oregon, in place of Truman P. Powers, resigned.

WASHINGTON, D. C., March 3d, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate James T. Porter to be deputy postmaster at Napoleon, in the county of Desha and State of Arkansas, in place of George E. Mayson, resigned.

WASHINGTON, D. C., March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I hereby nominate Charles A. S. Perkins to be deputy postmaster at Plymouth, in the county of Plymouth and State of Massachusetts, the said office having become Presidential.

WASHINGTON CITY, 5th March, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Charles W. Bradley, a citizen of the United States, now resident in China, to be a commissioner of the United States for the adjustment of claims under the treaty with China, dated November 8th, 1858, and approved by the Senate March 1st, 1859.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Oliver E. Roberts, a citizen of the United States, now resident in China, to be a commissioner of the United States for the adjustment of claims under the treaty with China, dated November 8th, 1858, and approved by the Senate, March 1st, 1859.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Leavitt L. Bowen, of Nebraska, for appointment as attorney of the United States for the Territory of Nebraska, vice Experience Estabrook, whose commission has expired.

JAMES BUCHANAN.

MARCH 5, 1859.

To the Senate of the United States:

I nominate John Pettit, of Indiana, to be chief justice of the supreme

court of the Territory of Kansas.

JAMES BUCHANAN.

To the Senate of the United States:

I nominate Nicholas Danies, of Rio Hacha, to be consul of the United States at Rio Hacha, New Granada.

WASHINGTON, March 5th, 1859.

To the Senate of the United States :

JAMES BUCHANAN.

I nominate Clarimundo Martins, of Bissao, to be consul of the United States at Bissao, a Portuguese settlement on the west coast of Africa. JAMES BUCHANAN.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

I nominate Henry L. Jessup, a citizen of the United States, to be consul of the United States at Bogota, New Granada.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Daniel R. B. Upton, of New York (now commercial agent), to be consul of the United States at Bathurst, an English settlement on the west coast of Africa.

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate George E. Greene, of Indiana, to be register of the land office at Vincennes, Indiana, under authority of the act of December 21, 1858, entitled "An act to continue the office of register of the land office at Vincennes, Indiana.”

WASHINGTON, March 5th, 1859.

To the Senate of the United States:

JAMES BUCHANAN.

I nominate Peter F. Wilson, of Iowa, to be receiver of public moneys for the district of land subject to sale at Omaha, Nebraska, vice Addison R. Gillmore, whose commission has expired.

WASHINGTON, March 5, 1859.

JAMES BUCHANAN.

I nominate Passed Assistant Surgeon Washington A. Sherman to be a surgeon in the Navy, from the 13th of January, 1859, vice Surgeon Thomas Williamson, deceased.

Passed Assistant Surgeon Henry O. Mayo to be a surgeon in the Navy, from the 24th of January, 1869, vice Surgeon Edward Hudson, deceased. JAMES BUCHANAN.

WASHINGTON, D. C., March 5, 1859.

The messages were read.

On motion by Mr. Pugh,

The Senate, by unanimous consent, proceeded to consider the nomination of Joseph Miller; and

Resolved, That the Senate advise and consent to the appointment of Joseph Miller, agreeably to the nomination.

On motion by Mr. Bright,

The Senate, by unanimous consent, proceeded to consider the nomination of Richard D. Gholson; and

Resolved, That the Senate advise and consent to the appointment of Robert D. Gholson, agreeably to the nomination.

Ordered, That the nominations of Lewis Sanders, Nicholas Danies, Clarimundo Martins, Henry L. Jessup, and Daniel R. B. Upton be referred to the Committee on Commerce.

Ordered, That the nominations of Ebenezer Warner, George E. Greene, Orpheus Everts, and Peter F. Wilson be referred to the Committee on Public Lands.

Ordered, That the nominations of Alexander H. Redfield and Samuel Stover be referred to the Committee on Indian Affairs.

Ordered, That the nominations of Robert M. McLane, Henry R. La Reintrie, Charles W. Bradey, and Oliver E. Roberts be referred to the Committee on Foreign Relations.

Ordered, That the nominations of Alexander N. Zevely, Adam Van Dusen, and Charles A. S. Perkins be referred to the Committee on the Post-Office and Post-Roads.

Ordered, That the nominations of Leavitt L. Bowen and John Pettit be referred to the Committee on the Judiciary.

Ordered, That the nominations of Washington A. Sherman and Henry O. Mayo be referred to the Committee on Naval Affairs.

On motion by Mr. Sebastian,

The Senate, by unanimous consent, proceeded to consider the nomination of James T. Porter; and

Resolved, That the Senate advise and consent to the appointment of James T. Porter, agreeably to the nomination.

On motion by Mr. Mason,

Ordered, That the convention between the United States aud New Granada, signed the 10th day of September, 1857; the convention between the United States and the Republic of Chili, signed the 10th day of November, 1858; the convention between the United States and Bslgium, signed 17th day of July, 1858, and the convention between the United States and Belgium, concluded the 20th day of August, 1852, be referred, together with the messages of the President, and all the accompanying documents, to the Committee on Foreign Relations.

The Senate, by unanimous consent, proceeded to consider the nomination of Benjamin Wiggin.

After debate,

On the question, Will the Senate advise and consent to the appointment of Benjamin Wiggin ?

Yeas

It was determined in the negative, Nays..

On motion by Mr. Green,

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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. Bayard, Benjamin, Bigler, Bragg, Bright, Brown, Chesnut, Clingman, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hemphill, Hunter, Iverson, Johnson of Ark., Lane, Mallory, Mason, Nicholson, Polk, Powell, Saulsbury, Sebastian, Thomson, Ward.

Those who voted in the negative are,

Messrs. Anthony, Bingham, Broderick, Chandler, Clay, Collamer, Crittenden, Davis, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Kennedy, King, Pearce, Pugh, Rice,

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