Farrington, Mr. White of Kentucky, Mr. Hammond, and Mr. Charles Shepard of North Carolina. A Committee on Revolutionary Pensions was appointed, consisting of Mr Morgan, Mr. Klingensmith, Mr. Bond, Mr. Fry, Mr. Johnson of Virginia, Mr. Sibley, Mr. Ewing, Mr. Whittlesey, and Mr. Childs. A Committee on Invalid Pensions was appointed, consisting of Mr. Taylor, Mr. Williams of Kentucky, Mr. Allen of Vermont, Mr. McClellan of New York, Mr. Herod, Mr. Stanly, Mr. Mallory, Mr. Plumer, and Mr. Mitchell. A Committee on Roads and Canals was appointed, consisting of Mr. Mercer, Mr. Evans, Mr. McKennan, Mr. Snyder, Mr. Fillmore, Mr. Johnson of Maryland, Mr. White of Indiana, Mr. Graves, and Mr. Grant. A Committee on Patents was appointed, consisting of Mr. Fletcher of Vermont, Mr. Phelps, Mr. Menefee, Mr. Beers, and Mr. Robinson of Maine. A Committee on Public Buildings and Grounds was appointed, consisting of Mr. Lincoln, Mr. Pratt, Mr. Mercer, Mr. McClure, and Mr. Jackson of Georgia. A Committee of Revisal and Unfinished Business was appointed, consisting of Mr. Sheplor, Mr. Noble, Mr. Southgate, Mr. Henry, and Mr. Peck. A Committee of Accounts was appointed, consisting of Mr. Johnson of Virginia, Mr. Johnson of Maryland, Mr. Samuel W. Morris of Pennsylvania, Mr. Bicknell, and Mr. Hawes. A Committee on Mileage was appointed, consisting of Mr. Dawson, Mr. Howard, Mr. Briggs, Mr. Coffin, and Mr. Bicknell. And then the House adjourned, at half-past twelve o'clock, until Monday next the 10th instant, at twelve o'clock meridian. MONDAY, DECEMBER 10, 1838. Several other members appeared, and took their seats, viz : From the State of Maine-Francis O. J. Smith. From the State of South Carolina-Waddy Thompson, jr. and John Campbell. From the State of Missouri-Albert G. Harrison. From the State of Arkansas-Archibald Yell. From the State of Ohio-Thomas L. Hamer. From the State of Pennsylvania-Charles Ogle. Three messages, in writing, were received from the President of the United States by his private secretary, and were read, and are as follows, viz : FIRST MESSAGE. To the House of Representatives of the United States: I herewith transmit to the House of Representatives reports from the Secretary of State and the Secretary of the Treasury, with accompanying documents, in answer to the resolution of the House of the 9th of July last.* M. VAN BUREN. WASHINGTON, December 7, 1838. *The resolution referred to in this message requests the President to cause to be laid before the House all communications, papers, documents, &c., which shall elucidate the origin and object of the Smithsonian bequest, and the origin, progress, and consummation of the process by which that bequest has been recovered, and whatever may be connected with the subject. Ordered, That said message be referred to a select committee. Mr. John Q. Adams, Mr. Smith, Mr. Ogle, Mr. Charles Shepard of North Carolina, Mr. Holt, Mr. Thompson, Mr. Hunter of Ohio, Mr. Kennedy, and Mr. Garland of Virginia, were appointed said select committee. SECOND MESSAGE. To the House of Representatives of the United States: The act of the 1st July, 1836, to enable the Executive to assert and prosecute, with effect, the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, having received its entire execution; and the amount recovered and paid into the Treasury having, agreeably to an act of the last session, been invested in State stocks, I deem it proper to invite the attention of Congress to the obligation now devolving upon the United States to fulfil the object of the bequest. In order to obtain such information as might serve to facilitate its attainment, the Secretary of State was directed, in July last, to apply to persons versed in science, and familiar with the subject of public education, for their views as to the mode of disposing of the fund best calculated to meet the intentions of the testator, and prove most beneficial to mankind. Copies of the circular letter, written in compliance with these directions, and of the answers to it received at the Department of State, are here with communicated for the consideration of Congress. WASHINGTON, December 6, 1838. M. VAN BUREN. Ordered, That said message be referred to the select committee last. appointed. THIRD MESSAGE. To the Senate and House of Representatives of the United States : I would respectfully invite the early attention of Congress to the adoption of the legal provisions therein suggested, or such other measures as may appear more expedient for increasing the public security against similar defalcations hereafter. WASHINGTON, December 8, 1838. The said message was read; when M. VAN BUREN. A motion was made by Mr. Cambreleng, that so much thereof as relates to the default of Samuel Swartwout be referred to a select committee; and that so much as relates to the adoption of further measures for increasing the public security against similar defalcations, be referred to the Committee of Ways and Means. On motion of Mr. Mercer, the further consideration of the subject was postponed until to-morrow. The Speaker laid before the House sundry communications, viz: I. A letter from the Solicitor of the Treasury, submitting a report and documents relative to the petition of John Norris; which report was referred to the Committee on the Judiciary. II. A letter from the Secretary of the Navy, transmitting an abstract of the expenditure of the contingent fund of the naval establishment, for the year ending September 30, 1838; which letter was read, and laid on the table. III. A letter from the Secretary of War, transmitting statements of the expenditure of the contingent funds of the War Department, and offices and bureaus attached thereto, for the year ending September 30, 1838; which letter and statements were laid on the table. IV. A letter from the First Comptroller of the Treasury, transmitting a statement of the accounts which have remained unsettled, or on which balances appear to have been due more than three years prior to the 30th September, 1836, on the books of the Second Auditor; which letter and statement were laid on the table. V. A letter from the Postmaster General, transmitting a statement of the expenditures made from the contingent fund of the Post Office Department; which letter was read, and laid on the table. VI. A report from the Secretary of State, in answer to the call of the House of the 9th of July last, for information upon the subject of the labor and expense of answering the various calls of this House at the last session of Congress upon the Department of State; which report was read, and laid on the table. VII. A letter from the Secretary of State, transmitting the annual abstract of the returns made to his Department, by collectors of customs, of the registered seamen of the United States; which letter was ordered to lie on the table. VIII. A letter from the Secretary of the Treasury, transmitting a statement of the expenditures for contingencies of the Treasury Department and the several offices attached thereto, for the year ending September 30, 1838. IX. A report of the Commissioner of the Public Buildings, of the expenditures on said buildings, from January 1 to December 1, 1838; which report was referred to the Committee on Public Buildings and Grounds. On motion of Mr. Cambreleng, Resolved, That the annual report of the Secretary of the Treasury on the Finances be referred to the Committee of Ways and Means, except so much as relates to the defalcation of the late collector of the port of New York. The House proceeded to the consideration of the right to a seat in this House as the Delegate from the Territory of Wisconsin; when it was, on motion of Mr. Mercer, Ordered, That it be referred to the Committee of Elections. The House proceeded to the consideration of the motion made by Mr Dromgoole, on the 6th instant, to amend the standing rules of the House viz: insert between the 10th and 11th rules the following: "In all cases of election by the House, the vote shall be taken viva voce. A motion was made by Mr. Briggs to amend the said motion, by stri king out "viva voce," and inserting "by ballot." A motion was made by Mr. Tillinghast to amend the amendment of Mr. Briggs, by adding after the word "ballot," "each ballot having written thereon the name of the member giving the same." And, after debate, A motion was made by Mr. Stanly that the said motion to amend the rules do lie on the table; And the question being put, Yeas, It passed in the negative, Nays, 81, 126. The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are Mr. John Quincy Adams Heman Allen J. Banker Aycrigg William Key Bond Richard Fletcher Millard Fillmore Mr. Rice Garland Joshua R. Giddings Patrick G. Goode William Graham William Cost Johnson Richard P. Marvin Thomas M. T. McKennan Those who voted in the negative are Mr. James A. Pearce William Stone George W. Toland Thomas T. Whittlesey Mr. Hiram Gray John K. Griffin Mr. Daniel P. Leadbetter William S. Morgan William W. Southgate [Dec. 10. Mr. James B. Spencer Archibald Stuart George W. Towns Abraham Vanderveer Jared W. Williams Joseph L. Williams The question recurred on the amendment moved by Mr. Tillinghast; when The previous question was moved by Mr. Montgomery; and, being demanded by a majority of the members present, The said previous question was put, viz: Shall the main question be now put? And passed in the affirmative. The main question was then put, viz: Will the House agree to the amendment to the rules, as moved by Mr. Dromgoole?-[the amend! ments of Mr. Briggs and Mr. Tillinghast being set aside by the previous question ;] 'S Yeas, And passed in the affirmative, Nays, 124, S4. The yeas and nays being desired by one-fifth of the members present, Mr. Hugh J. Anderson John T. Andrews Charles G. Atherton Linn Banks William Beatty Andrew Beirne Bennet Bicknell William C. Dawson Thomas Davee Edmund Deberry Mr. John I. De Graff George W. Hopkins Benjamin C. Howard Mr. Edward B. Hubley William H. Hunter Robert M. T. Hunter John Klingensmith, jr. Daniel P. Leadbetter |