So it was Resolved, That the Senate do not advise and consent to the appointment of Benjamin Wiggin. On motion by Mr. Mallory, Ordered, That a messenger to act during the executive sittings of the Senate be qualified. The Senate, by unanimous consent, proceeded to consider the nomination of James Simons. After debate, On the question, Will the Senate advise and consent to the appointment of James Simons? Yeas. It was determined in the affirmative, {Na On motion by Mr. Benjamin, 28 15 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Anthony, Benjamin, Bigler, Brown, Clingman, Collamer, Dixon, Douglas, Fitch, Green, Hale, Hammond, Hemphill, Hunter, Iverson, Johnson of Ark., Kennedy, Lane, Mason, Nicholson, Powell, Rice, Saulsbury, Sebastain, Simmons, Thomson, Wade, Ward. Those who voted in the negative are, Messrs. Bingham, Bragg, Bright, Broderick, Clay, Crittenden, Davis, Doolittle, Fitzpatrick, Foster, Harlan, Mallory, Polk, Pugh, Trumbull. So it was Resolved, That the Senate advise and consent to the appointment of James Simons, agreeably to the nomination. The Senate, by unanimous consent, proceeded to consider the nomination of Milton C. Dickey; and Resolved, That the Senate advise and consent to the appointment of Milton C. Dickey, agreeably to the nomination. Mr. Bigler, from the Committee on the Post-Office and Post-Roads, to whom were this day referred the nominations of Alexander N. Zevely and Adam Van Dusen, reported. Whereupon Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively. The Senate, by unanimous consent, proceeded to consider the nomination of James W. Mandeville. The Senate adjourned. MONDAY, MARCH 7, 1859. Mr. Mason, from the Committee on Foreign Relations, to whom were referred, the 5th inst., the nominations of Robert McLane and Henry R. La Reintrie, reported. Whereupon Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively. Mr. Mason, from the Committee on Foreign Relations, to whom were referred, the 5th inst., the nominations of Charles W. Bradley and Oliver E. Roberts, reported. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 5th inst., the convention between the United States and New Granada, signed the 10th day of September, 1857, reported it with Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 5th inst., the treaty between the United States and Belgium, concluded the 25th day of August, 1852, reported it without amend ment. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 5th inst., the convention between the United States and the Republic of Chili, signed the 10th day of November, 1858, reported it without amendment. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 5th inst., the convention between the United States and Belgium, signed the 17th day of July, 1858, reported it without amendment. Mr. Green, from the Committee on the Judiciary, to whom were referred, the 5th inst., the nominations of John Pettit and Leavitt L. Bowen, reported. Mr. Clay, from the Committee on Commerce, to whom were referred, the 5th inst., the nominations of Nicolas Danies, Clarimundo Martins, Henry L. Jessup, and Daniel R. B. Upton, reported. Whereupon Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively. Mr. Mallory, from the Committee on Naval Affairs, to whom were referred the nominations of Washington A. Sherman and Henry O. Mayo, reported. The Senate proceeded to consider the nomination of Charles L. Weller. After debate, On the question, Will the Senate advise and consent to the appointment of Charles L. Weller? Yeas It was determined in the affirmative, Nays.. On motion by Mr. Broderick, 29 19 The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative are, Messrs. Benjamin, Bigler, Bragg, Bright, Brown, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hemphill, Hunter, Iverson, Johnson of Ark., Johnson of Tenn., Kennedy, Lane, Mallory, Mason, Nicholson, Polk, Powell, Rice, Saulsbury, Sebastian, Ward. Those who voted in the negative are, Messrs. Anthony, Bingham, Broderick, Chandler, Collamer, Crittenden, Durkee, Foot, Foster, Grimes, Hale, Harlan, King, Seward, Simmons, Trumbull, Wade, Wilson. So it was Resolved, That the Senate advise and consent to the appointment of Charles L. Weller, agreeably to the nomination. On motion by Mr. Broderick on the question to print in confidence for the use of the Senate all the papers and documents relating to the nomination of Charles L. Weller, Yeas. It was determined in the affirmative, {Ne On motion by Mr. Mason, 30 15 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Anthony, Bigler, Bingham, Broderick, Chandler, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Gwin, Hale, Harlan, Johnson of Tenn., Kennedy, King, Nicholson, Polk, Those who voted in the negative are, Messrs. Bragg, Bright, Brown, Clay, Clingman, Fitch, Fitzpatrick, Green, Hammond, Hunter, Iverson, Lane, Mason, Polk, Saulsbury. So it was Ordered, That all the papers and documents relating to the nomination of Charles L. Weller be printed in confidence for the use of the Senate. 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 Walter Forward, of Oregon, for appointment as marshal of the United States for said State. MARCH 5, 1859. To the Senate of the United States: JAMES BUCHANAN. I nominate Horatio J. Harris, of Mississippi, for reappointment as attorney of the United States for the southern district of that State, his present commission having expired. MARCH 5th, 1859. To the Senate of the United States: JAMES BUCHANAN. I nominate Daniel M. Bates, of Delaware, for reappointment as attorney of the United States for that State, his present commission having expired. MARCH 5th, 1859. To the Senate of the United States: JAMES BUCHANAN. I withdraw the nomination of Lewis Sanders to be collector of the customs for the district of Sacramento, in the State of California, and hereby nominate Lewis Sanders, jr., for said office. WASHINGTON, March 7th, 1859. To the Senate of the United States: JAMES BUCHANAN. I nominate Matthew P. Deady, of Oregon, for appointment as district judge for the district court of the United States for the district of Oregon. MARCH 7th, 1859. To the Senate of the United States : JAMES BUCHANAN. I hereby nominate Hiram V. King to be deputy postmaster at Middletown, in the county of Orange and State of New York, said office having become Presidential. WASHINGTON, D. C., 7th March, 1859. The messages were read. On motion by Mr. Lane, JAMES BUCHANAN. The Senate, by unanimous consent, proceeded to consider the nomi Resolved, That the Senate advise and consent to the appointment of Walter Forward, agreeably to the nomination. On motion by Mr. Davis, The Senate, by unanimous consent, proceeded to consider the nomination of Horatio J. Harris; and Resolved, That the Senate advise and consent to the appointment of Horatio J. Harris, agreeably to the nomination. The Senate, by unanimous consent, proceeded to consider the nomination of Daniel M. Bates; and Resolved, That the Senate advise and consent to the appointment of Daniel M. Bates, agreeably to the nomination. The Senate, by unanimous consent, proceeded to consider the nomination of Lewis Sanders, jr.; and Resolved, That the Senate advise and consent to the appointment of Lewis Sanders, jr., agreeably to the nomination. Ordered, That the nomination of Matthew P. Deady be referred to the Committee on the Judiciary. Ordered, That the nomination of Hiram V. King be referred to the Committee on the Post-Office and Post-Roads. On motion by Mr. Davis, The Senate proceeded to consider the nominations of John G. Barnard and others; and Resolved, That the Senate advise and consent to the appointment of John G. Barnard, William H. C. Whiting, James B. McPherson, Henry M. Robert, Charles C. Lee, Alfred B. Chapman, Leroy Napier, jr., John H. Lendrum, Henry V. De Hart, Edward R. Warren, Dixon S. Miles, Electus Backus, Caleb C. Sibley, Henry B. Clitz, Alexander McD. Mc. Cook, William H. Bell, Augustus H. Seward, Alexander Chambers, Lucius L. Rich, Bryan M. Thomas, and William J. L. Nichodemus, agreeably to their nominations respectively. The Senate resumed the consideration of the nomination of James W. Mandeville. After debate, On the question, Will the Senate advise and consent to the appointment of James W. Mandeville? Yeas It was determined in the affirmative, Nays. On motion by Mr. Foster, 27 17 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Benjamin, Bigler, Bragg, Bright, Brown, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammoud, Hemphill, Hunter, Johnson of Ark, Johnson of Tenn., Kennedy, Lane, Mallory, Mason, Nicholson, Polk, Powell, Rice, Saulsbury, Sebastian, Ward. Those who voted in the negative are, Messrs. Anthony, Bingham, Broderick, Collamer, Crittenden, Douglas, Foot, Foster, Grimes, Hale, Harlan, King, Seward, Simmons, Trumbull, Wade, Wilson. So it was Resolved, That the Senate advise and consent to the appointment of James W. Mandeville, agreeably to the nomination. On motion by Mr. Hunter to reconsider the vote of the Senate of the 5th inst., advising andconsenting to the appointment of James Simons to be surgeon in the Army, Ordered, That the consideration of the said motion be postponed On motion by Mr. Hunter, Ordered, That the Secretary be directed to request the President of the United States to return to the Senate the resolution of the Senate of the 5th inst., advising and consenting to the appointment of James Simons to be a surgeon in the Army, agreeably to the nomination. On motion by Mr. Green to proceed to consider the nomination of Emery D. Potter, Mr. Green raised the question of order, to wit: The nomination of Emery D. Potter having been rejected by the Senate the 16th February, and a motion having been made March 1st to reconsider the vote rejecting the said nomination, did not the said nomination stand at the close of the 2d session, 35th Congress as neither confirmed nor rejected. The Vice-President decided that the said motion to reconsider not having been acted on was of no avail after the close of the session, 4th March, further to control the action of the Senate of the 16th February, and that the nomination of Emery D. Potter stood rejected as of that date. From this decision Mr. Green appealed; and On the question, Shall the decision of the Vice-President stand as the judgment of the Senate? It was determined in the affirmative. On motion by Mr. Hammond that the Senate adjourn, Yeas. It was determined in the negative, Nays. On motion by Mr. Mason, 12 222232 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Bingham, Broderick, Brown, Coliamer, Crittenden, Douglas, Grimes, Hale, Hammond, Hemphill, King, Seward. Those who voted in the negative are, Messrs. Anthony, Benjamin, Bigler, Bragg, Bright, Clay, Clingman, Doolittle, Fessenden, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Harlan, Johnson of Ark., Johnson of Tenn., Kennedy, Lane, Mallory, Mason, Nicholson, Polk, Powell, Rice, Saulsbury, Sebastian, Simmons, Trumbull, Wade, Wilson. Mr. Green submitted the following resolution for consideration : Resolved, That, in the judgment of the Senate, a decision in the affirmative or negative, and then a motion to reconsider made, leaves the question undetermined, and that it still remains as a question pending in the Senate. On motion by Mr. Mason, Ordered, That when the Senate adjourns it be to meet at 11 o'clock to-morrow. On motion by Mr. Johnson, of Ark., Ordered, That the Secretary be directed to return to the Interior Department all the original papers in the Honcut case relating to the nomination of James W. Mandeville which have been furnished to the Senate or to the Committee on Public Lands. On motion by Mr. Sebastian that the Senate proceed to consider the treaty between the United States and the chiefs and headmen of the confederated tribes and bands of Indians residing in Middle Oregon, signed the 25th day of June, 1855, It was determined in the affirmative. On motion by Mr. Seward, |