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WAR DEPARTMENT, February 1, 1853.

SIR: I have the honor to lay before you the following list of officers for regular promotion in the Army of the United States:

First Regiment of Dragoons.

Second Lieutenant Orren Chapman to be first lieutenant, February 1, 1853, vice Love, resigned.

Brevet Second Lieutenant Robert Johnston to be second lieutenant, February 1, 1853, vice Chapman, promoted.

Regiment of Mounted Riflemen.

Second Lieutenant Dabney H. Maury to be first lieutenant, January 27, 1853, vice Hawkins, dismissed.

Brevet Second Lieutenant Joseph G. Tilford to be second lieutenant, January 27, 1853, vice Maury, promoted.

Sixth Regiment of Infantry.

Captain Albemarle Cady to be major, January 27, 1853, vice Kingsbury, dismissed.

First Lieutenant Thomas Hendrickson to be captain, January 27, 1853, vice Cady, promoted.

Second Lieutenant Winfield S. Hancock to be first lieutenant, January 27, 1853, vice Hendrickson, promoted.

Brevet Second Lieutenant Robert E. Patterson to be second lieutenant, January 27, 1853, vice Hancock, promoted.

I am, sir, with great respect, your ob't servant,

C. M. CONRAD,
Secretary of War.

To the PRESIDENT OF THE UNITED STATES.

To the Senate of the United States :

I nominate William H. Shock to be a chief engineer in the Navy, from the 16th of September, 1852, to fill a vacancy.

James W King to be a chief engineer in the Navy, from the 12th of November, 1852, to fill a vacancy.

WASHINGTON, February 1, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I nominate Cary H. Fry, of Kentucky, to be a paymaster in the Army, to fill a vacancy occasioned by the death of Paymaster David S. Townsend.

WASHINGTON, February 2, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I nominate Joseph M. Moore, of Opelousas, to be district attorney of the United States for the western district of Louisiana, in the place of Lawrence P. Crane, resigned.

WASHINGTON, February 3, 1853.

MILLARD FILLMORE.

To the Senate of the United States:

I transmit herewith to the Senate, in a new draft, the convention with the Swiss Confederation, originally negotiated at Berne, and concluded in that city on the 25th of November, 1850. On the 7th of March, 1851, it was considered by the Senate of the United States, whose assent was given to it with certain amendments, as will appear from the Journal of the Senate of that day. The convention was sent back to Switzerland with these alterations, which were taken into consideration by the Government of that Confederation, whose action in the premises will be learned by a letter from its President of the 5th of July, 1852.

The modifications which he Government of the Swiss Confederation are desirous of introducing into the amendments made by the Senate of the United States and the articles affected by them are not inconsistent with the object and spirit of those amendments, and appear to me to proceed upon a reasonable principle of compromise.

I have thought it expedient, in submitting them to the Senate, with a view to their advice and consent to the ratification of the treaty in its present form, to have the entire instrument taken into a continuous draft, as well the portions-by far the greater part-already assented to by the Senate, as the modifications proposed by the Government of the Swiss Confederation in reference to these amendments. In preparing the new draft a few slight alteratious have been made in the modifications proposed by the Swiss Government.

Should the convention receive the approbation of the Senate in its present form, it will be immediately transmitted to Switzerland for ratification by the Swiss Confederation.

The delays which have taken place in the negotiation of this treaty have been principally caused by the want of a resident diplomatic agent of the United States at Berne, and are among the reasons for which an appropriation for a chargé d'affaires to that Government has recently by my direction been recommended in a letter from the Department of State to the chairman of the Committee on Foreign Relations of the Senate.

WASHINGTON, February 3, 1853.

The messages were read.

MILLARD FILLMORE.

Ordered, That the nominations of Jacamiah Seaman and Abner L. Gilstrap be referred to the Committee on Public Lands.

Ordered, That the nomination of Charles H. Wiltberger be referred to the Committee on the District of Columbia.

Ordered, That the nominations of John P. Sanderson, Allan P. Millar, and Joseph M. Moore be referred to the Committee on the Judiciary.

Ordered, That the nominations of Elbridge Gerry Fuller, Alexander Barclay, Anthony W. Carpenter, Prior Nance, I. G. Lamb, and John G. Potts be referred to the Committee on Commerce.

Ordered, That the nominations of Joseph B. Plummer and others, and Orren Chapman and others, for promotion and appointment in the Army be referred to the Committee on Military Affairs.

Ordered, That the nomination of George W. Wright be referred to the Committee on Finance.

Ordered, That the nominations of William H. Shock and James W. King be referred to the Committee on Naval Affairs.

The Senate, by unanimous consent, proceeded to consider the nominations of John L. Barnard, Obadiah W. Ward, William Maxwell, Ben

jamin Stiles, Philip H. Pendleton, James H. Moore, and Cary H. Fry; and

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

The new draft of the general convention of friendship, reciprocal establishments, commerce, and for the surrender of fugitive criminals between the United States of America and the Swiss Confederation, concluded at the city of Berne the 25th of November, 1850, was read the first time; and

Ordered, That the same, together with the message and documents communicated therewith, be referred to the Committee on Foreign Relations and printed in confidence for the use of the Senate.

Mr. Rusk, from the Committee on the Post-Office and Post Roads, to whom were referred, the 10th January, the nominations of Reuben T. Thom, George Russell, John P. Leigh, and William E. Boss, reported. Whereupon

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

Mr. Felch, from the Committee on Public Lands, to whom were referred, the 14th January, the nominations of Nimrod E. Benson and Don Elonzo Spaulding, reported.

Whereupon

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

Mr. Hunter, from the Committee on Finance, to whom was referred, the 9th December last, the nomination of George F. Comstock, reported Whereupon

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination.

Mr. Dawson, from the Committee on Military Affairs, to whom were referred, the 9th December last, the nominations of John B. Grayson and others for promotion and appointment in the Army of the United States, reported all except Samuel McManemy.

Mr. Gwin, from the Committee on Finance, to whom was this day referred the nomination of George W. Wright, reported.

The Senate proceeded to consider the nomination of George E. Badger; and

The motion submitted by Mr. Bright the 24th January having been withdrawn, by unanimous consent,

On motion by Mr. Bright,

Ordered, That the further consideration of the nomination of George E. Badger be postponed to and made the order of the day for Friday next, the 11th instant, at one o'clock p. m.

FRIDAY, FEBRUARY 11, 1853.

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

To the Senate of the United States:

I nominate John Randolph Clay, of Pennsylvania, to be envoy extraordinary and minister plenipotentiary of the United States to Peru. MILLARD FILLMORE.

WASHINGTON, February 7, 1853.

To the Senate of the United States:

I nominate Theodore S. Fay, of New York, to be chargé d'affaires of the United States to the Swiss Confederation.

WASHINGTON, February 7, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I nominate Willim T. Vickers to be collector of the customs for the district and inspector of the revenue for the port of Vienna, in the State of Maryland, in the place of Hooper C. Hicks, resigned.

MILLARD FILLMORE. EXECUTIVE MANSION, Washington, February 8, 1853.

To the Senate of the United States:

I nominate James M. Wright to be a justice of the peace for Washington County, in the District of Columbia.

WASHINGTON, February 9, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I hereby nominate the Reverend Dennis Powers for chaplain in the Navy, in place of the Reverend Orville Dewey, resigned.

WASHINGTON, February 10, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I nominate John M. Brodhead to be Second Comptroller of the Treasury, in the place of Edward I. Phelps, resigned.

MILLARD FILLMORE.

EXECUTIVE MANSION, Washington, February 10, 1853.

The messages were read.

Ordered, That the nominations of John Randolph Clay and Theodore S. Fay be referred to the Committee on Foreign Relations.

Ordered, That the nomination of William T. Vickers be referred to the Committee on Commerce.

Ordered, That the nomination of James M. Wright be referred to the Committee on the District of Columbia.

Ordered, That the nomination of Dennis Powers be referred to the Committee on Naval Affairs.

The Senate, by unanimous consent, proceeded to consider the nomition of John M. Brodhead; and

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination.

Mr. Hamlin, from the Committee on Commerce, to whom were referred, the 7th instant, the nomination of Anthony W. Carpenter and Prior Nance, reported.

Whereupon

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

The Senate resumed the consideration of the nomination of George E. Badger; and

On motion by Mr Fitzpatrick that the further consideration of the ⚫ nomination of George E. Badger be postponed to the 4th of March next,

Yeas

It was determined in the affirmative, {Nays

On motion by Mr. Fitzpatrick,

26

25

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

Messrs. Adams, Bayard, Bradbury, Bright, Butler, Cass, Charlton, De Saussure, Dodge of Wisconsin. Dodge of Iowa, Downs, Felch, Fitzpatrick, Gwin, Hamlin, Houston, Huuter, James, Jones of Iowa, Mallory, Mason, Norris, Pettit, Soulé, Toucey, Weller.

Those who voted in the negative are,

Messrs. Bell, Brooke, Chase, Clarke, Cooper, Davis, Dawson, Fish, Foot, Geyer, Hale, Jones of Tennessee, Mangum, Miller, Morton, Phelps, Pratt, Rusk, Seward, Smith, Spruance, Sumner, Underwood, Wade, Walker.

So it was

Ordered, That the further consideration of the nomination of George E. Badger, of North Carolina, to be associate justice of the Supreme Court of the United States, in the place of John McKinley, deceased, be postponed to the 4th of March next.

On motion by Mr. Gwin,

The Senate proceeded to consider the nomination of George W. Wright.

On motion by Mr. Clarke that the further consideration of the nomination of George W. Wright be postponed to the 4th of March next, After debate,

On motion by Mr. Cooper,

The Senate adjourned.

THURSDAY, FEBRUARY 17, 1853.

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

To the Senate of the United States:

I nominate Amos S. York to be consul of the United States for the Island of Zante.

WASHINGTON, February 16, 1853.

To the Senate of the United States:

MILLARD FILLMORE.

I nominate Henry B. Dewey, of Philadelphia, to be consul of the United States at Para, in Brazil, in the place of Henry Lee Norris, resigned.

WASHINGTON, February 16, 1853.

To the Senate of the United States :

MILLARD FILLMORE.

I nominate D. H. Dovale to be consul of the United States for the port of Savanilla, in the Republic of New Granada.

WASHINGTON, February 16, 1853.

MILLARD FILLMORE.

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