On motion by Mr. Cooper, The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative are, Messrs. Atchison, Atherton, Benjamin, Bright, Brodhead, Chase, Clayton, Cooper, Dodge of Wisconsin, Dodge of Iowa, Fitzpatrick, James, Jones of Iowa, Mallory, Morton, Pettit, Rusk, Soulé, Thompson of Kentucky, Thomson of New Jersey, Toucey. Those who voted in the negative are, Messrs. Badger, Borland, Butler, Everett, Fish, Geyer, Hamlin, Houston, Hunter, Mason, Pearce, Phelps, Shields, Stuart, Sumner, Weller. So it was Ordered, That the nomination of John W. T. Gardiner lie on the table. Mr. Cooper submitted the following resolution for consideration: Resolved, That the Secretary of the Senate be, and he is hereby, instructed to communicate to the President of the United States the resolutions of this body passed the 2d of March, 1849, and the one passed the first day of March, 1850, in relation to the right of James W. Schaumburg to promotion in the Army; and also the other proceedings of the body relative to the nomination of Lieutenant J. W. T. Gardiner nominated to the office of captain in the First Regiment of Dragoons. The Senate proceeded to consider the nominations of George W. Carr and Joseph Lane; and Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively. Mr. Badger submitted the following resolution for consideration: Resolved, That, in the judgment of the Senate, the President of the United States has power under the Constitution and laws of the United States to remove a Territorial judge from office although appointed for a term of four years, and although there may be no power of removal reserved to the President by the law creating such office. On motion, the Senate adjourned. THURSDAY, MARCH 17, 1853. The President pro tempore laid before the Senate a report of the Secretary of the Interior communicating, in compliance with a resolution of the Senate, a copy of the correspondence between that Department and the Indian agents and commissioners in California; which was read. Ordered, That it be printed. On motion by Mr. Houston, Ordered, That two members be appointed to fill the vacancies in the Select Committee on Frauds and Abuses, and that the appointment be made by the President pro tempore; and Mr. Morton and Mr. Thompson, of Kentucky, were appointed.. On motion by Mr. Weller, Ordered, That a member be appointed to fill the vacancy in the Select Committee on the Mexican Boundary, and that the appointment be made by the President pro tempore; and Mr. Fish was appointed. The Senate resumed the consideration of the resolutions submitted by Mr. Clayton the 7th instant, respecting certain propositions in relation to the territorial controversies between the States and Governments bordering on the river San Juan, and the conflicting claims of Great Britain and the State of Honduras to the islands in the bay of Honduras; and On motion by Mr. Mason, A division of the question was called for; and The question being taken on agreeing to the first resolution, It was determined in the affirmative. On motion by Mr. Badger, Ordered, That the further consideration of the second resolution be postponed until Monday next. The Senate proceeded to consider the resolution submitted by Mr. Morton the 7th instant, to allow per diem and mileage to the honorable David L. Yulee during the time he contested the seat of the honorable Mr. Mallory in the Senate; and On the question, Shall the resolution pass? Yeas It was determined in the affirmative, Nays. On motion by Mr. Houston, 22 19 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Badger, Borland, Brodhead, Butler, Cooper, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fitzpatrick, Gwin, Hunter, James, Jones of Iowa, Mason, Morton, Sebastian, "Seward, Shields, Soulé. Sumner, Walker. Those who voted in the negative are, Messrs. Adams, Atchison, Atherton, Bayard, Benjamin, Bright, Chase, Geyer, Hamlin, Houston, Norris, Pearce, Phelps, Rusk, Stuart, Thompson of Kentucky, Thomson of New Jersey, Weller, Wright. The Senate proceeded to the election of a Secretary, pursuant to the resolution of the 16th instant; and, on counting the ballots, it appeared that Asbury Dickins was duly elected. Mr. Dickins attended, and the oaths prescribed by law were administered to him by the President pro tempore. The Senate proceeded to the election of a Sergeant-at-Arms and Doorkeeper, pursuant to the resolution of the 16th instant; and, on counting the ballots, it appeared that Dunning R. McNair was duly elected. Mr. McNair attended, and the oath prescribed by law was adminis tered to him by the President pro tempore. The Senate proceeded to the election of an assistant doorkeeper, pursuant to the resolution of the 16th instant; and, on counting the ballots, it appeared that Isaac Holland was duly elected. Mr. Holland attended, and the oath prescribed by law was administered to him by the President pro tempore. Mr. Shields submitted the following resolution; which was read: Resolved, That the Secretary of the Senate pay to Robert Beale, late Sergeant-at-Arms, the salary for the residue of the present year. Mr. Gwin submitted the following resolution for consideration : Resolved, That the Secretary of the Senate be authorized to purchase one thousand copies of Ringgold's maps, charts, and sailing directions of the coast of California for the use of the Senate: Provided, The price shall not exceed four dollars per copy. Mr. Badger submitted the following resolution for consideration: Resolved, That the Secretary of the Navy be directed to inquire whether it will not be advantageous to the Government of the United States to establish a naval depot at Beaufort, in North Carolina, and that he report to the Senate at its next session. The Senate proceeded to consider the resolution submitted yesterday by Mr. Fish, to amend the 48th rule of the Senate; and having been amended on the motion of Mr. Shields, the resolution as amended was agreed to. Whereupon, it was Resolved, That the 48th rule of the Senate be amended to read as follows: The following persons, and none others, shall be admitted on the floor of the Senate: Members of the House of Representatives and their clerks, the Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Attorney-General, and the Postmaster General; the private secretary of the President, chaplains to Congress, judges of the United States, foreign ministers and their secretaries, officers who, by name, have received, or shall hereafter receive, the thanks of Congress for their gallantry and good conduct in the service of their country, or who have received medals by a vote of Congress; the governor for the time being of any State or Territory of the Union, the ex-governors of the several States, the ex-officers of the Senate, such gentlemen as have been heads of departments, secretaries, clerks, or members of either branch of Congress; persons who for the time being belong to the respective State and Territorial legislatures, and persons belonging to such legislatures of foreign Governments as are in amity with the United States. No person, except members and officers of the Senate, shall be admitted at either of the side doors of the Senate Chamber, and all persons claiming admission on the floor of the Senate, excepting members and the Clerk of the House of Representatives for the time being, the heads of the several Departments, the private secretary of the Presi dent, the chaplains to Congress, judges of the United States, foreign ministers and their secretaries, and officers who by name shall have received the thanks of Congress, or medals by a vote of Congress, shall (each time before being admitted upon the floor) enter their names, together with the official position in right of which they claim admission, in a book to be provided and kept at the main entrance to the Senate Chamber; and no person, except members of the Senate, shall be allowed within the bar of the Senate, or to occupy the seat of any Senator. On motion by Mr. Hamlin that when the Senate adjourn it be to Monday next, Yeas... It was determined in the affirmative, Nays On motion by Mr. Weller, 24 16 The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Atchison, Atherton, Badger, Bayard, Bright, Brodhead, Butler, Cooper, Dodge of Wisconsin, Douglas, Fitzpatrick, Hamlin, Jones of Iowa, Morton, Norris, Pettit, Rusk, Sebastian, Soulé, Stuart, Thompson of Kentucky, Thomson of New Jersey, Walker, Wright. Those who voted in the negative are, Messrs. Adams, Benjamin, Borland, Chase, Evans, Everett, Geyer, Houston, Mason, Pearce, Seward, Shields, Smith, Sumner, Toucey, Weller. So it was Ordered, That when the Senate adjourn it be to Monday next. The following messages were received from the President of the United States, by Mr. Webster, his secretary: To the Senate of the United States: I nominate Richard B. Dallman, of Missouri, for reappointment as receiver of public moneys at Saint Louis, Missouri, his term of office having expired. FRANKLIN PIERCE. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: I nominate Nathaniel B. Holden, of Missouri, to be receiver of public moneys at Clinton, Missouri, vice Thomas, removed. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States : FRANKIN PIERCE. I nominate Stephen Powers to be collector of the customs for the district of Brazos de Santiago, and inspector of the revenue for the port of Point Isabel, in the State of Texas, vice John S. Rhea, whose commission wili expire on the 19th of March, 1853. WASHINGTON, March 16th, 1853. To the Senate of the United States: FRANKLIN PIERCE. 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, March 16, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate John C. Hays, of California, to be surveyor-general of the United States for the State of California, vice Samuel D. King, removed. FRANKLIN PIERCE. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: I nominate John Dement, of Illinois, to be receiver of public moneys for the district of lands subject to sale at Dixon, Illinois, vice Cyrus Aldrich, resigned, to take effect on the 31st March, 1853. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States : FRANKLIN PIERCE. I nominate Isaac I. Stevens, of Massachusetts, to be governor of the Territory of Washington. WASHINGTON, 17th March, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate Oliver S. Witherby to be collector of the customs for the district and inspector of revenue for the port of San Diego, in the State of California, vice William C. Ferrel, removed. WASHINGTON, March 17th, 1853. FRANKLIN PIERCE. To the Senate of the United States : I nominate Isaac B. Wall to be collector of customs for the district and inspector of the port of Monterey, in the State of California, vice William Henry Russell, resigned. WASHINGTON, March 17, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate Daniel A. Farley, of Indiana, to be register of the land office at Winamac, Indiana, vice Daniel Sigler, resigned. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate William M. Patterson, of Indiana, to be receiver of public moneys at Winamac, Indiana, vice Rufus Hewitt, whose term of office has expired. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States : FRANKLIN PIERCE. I nominate Richard M. Jones, of Missouri, to be register of the land office at Springfield, Missouri, vice John Dade, resigned, to take effect from April 1, 1853. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate Jacamiah Seaman, of Missouri, to be reappointed register of the land office at Milan, Missouri, his term of office having expired. FRANKLIN PIERCE. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: I nominate Andrew J. Edmonson, of Mississippi, to be register of the land office at Pontotoc, Mississippi, vice John T. Brooks, whose term of office expires on the 21st instant. EXECUTIVE OFFICE, March 17, 1853. To the Senate of the United States: FRANKLIN PIERCE. I nominate the officers of Engineers, Topographical Engineers and Ordnance, named in the accompanying list, for promotion in their respective Corps, to date from March 3, 1853, as proposed by the Secretary of War. WASHINGTON, March 16, 1853. FRANKLIN PIERCE. WAR DEPARTMENT, March 16, 1853. SIR: I have the honor to lay before you the following list of officers of the Corps of Engineers, Corps of Topographical Engineers and Ordnance for promotion to the grades set opposite their names, to take rank, |