Those who voted in the negative are Mr. John Quincy Adams James Alexander, jr. Heman Allen John W. Allen J. Banker Aycrigg Richard Biddle Edward Davies George Evans And so it was Mr. Millard Fillmore Joshua R. Giddings William S. Hastings William Cost Johnson Thos. M. T. McKennan Charles Naylor Joseph C. Noyes Charles Ogle Mr. Obadiah Titus George W. Towns Abraham Vanderveer Mr. James A. Pearce William Stone Charles C. Stratton Waddy Thompson, jr. Christopher H. Williams Thomas I. Word Thomas Jones Yorke. Resolved, That the following be added to the standing rules of the House, to be inserted between the 10th and 11th rules: "In all cases of election by the House, the vote shall be taken viva voce." On motion of Mr. Sherrod Williams, The said rule, as adopted by the House, was further amended, by inserting therein, after the word "House," the words "of its officers;" so that the said rule was finally agreed to in the words following: "In all cases of election by the House of its officers, the vote shall be taken viva voce." A message from the Senate, by Mr. Dickins, their Secretary: Mr. Speaker: The Senate have passed a bill (No. 15) entitled "An act for the relief of Thomas Sumpter;" in which bill I am directed to ask the concurrence of this House. The Senate have agreed to the resolution from this House for the elec tion of chaplains to Congress; and have elected the Reverend Henry Slicer chaplain on their part. And then he withdrew. On motion of Mr. Curtis, Ordered, That the drawing accompanying the report from the Engineer department, on the light-house on Flynn's knoll, in the harbor of New York, be printed. The rules in relation to the order of business being suspended by a vote of two-thirds, for the purpose of receiving the same, Mr. James Garland moved the following resolution: Resolved, That the American Colonization Society have permission to hold its annual meeting in the Hall of the House of Representatives tomorrow evening. And, on the question that the House do agree thereto, It passed in the affirmative. On motion of Mr. Fillmore, Ordered, That the drawings illustrative of the condition of certain improvements in navigation on lake Erie, which accompany the annual report from the Topographical bureau, and forming a part of the documents with the President's message, be printed. On motion of Mr. William Cost Johnson, Resolved, That the use of this Hall be given to Professor J. Orville Taylor, of the University of New York, as requested by the American Common School Society, to deliver an address, on Thursday evening, at 7 o'clock, on the condition of the common schools in this country, and in furtherance of the cause of general education throughout the United States. Mr. Thomas asked to be excused from further service on the select committee, appointed on the 18th of June last, on the memorial of Francis P. Blair, with instructions to inquire into the manner in which the printing for Congress and the Executive Departments has been executed, and which committee, by order of the House of the 7th of July, 1838, had leave to prosecute said inquiry at the present session of Congress; and his request being granted, Mr. Harrison was appointed of said committee in his stead. The rules in relation to the order of business being suspended for the the purpose of receiving the same, Mr. Morgan moved the following resolution: Resolved, That this House will, on to-morrow, at 1 o'clock, proceed to the election of a chaplain, to serve during the present session of Congress. A motion was made by Mr. Bronson to amend this resolution, by striking out the words "will to-morrow, at 1 o'clock," and inserting "do now." This amendment was disagreed to, and the resolution as moved by Mr. Morgan, was agreed to. On motion of Mr. Word, Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of passing a law to confer circuit-court jurisdiction on the district court of the United States for the northern district of the State of Mississippi. And then, at three o'clock, the House adjourned until to-morrow at twelve o'clock, meridian. TUESDAY, DECEMBER 11, 1838. Mr. Evans presented the petition of Thomas Fillebrown, jr., heretofore presented December 12, 1836; which petition was referred to the Committee of Claims. Mr. Evans presented the petition of Nathan Daggett, presented heretofore January 29, 1838; which petition was referred to the Committee on Revolutionary Claims. Mr. Noyes presented a petition of Martha Green, of Hancock county, in the State of Maine, widow of Asa Green, deceased, praying for arrears of pension due on account of her husband's services; which petition was referred to the Committee on Revolutionary Pensions. Mr. Noyes presented a petition of David Boomer, of Charlotte, in the State of Maine, praying the payment of arrears of his privateer pension, which was due on the first of January last, and remains unpaid in consequence of the privateer pension fund being exhausted; which petition was referred to the Committee on Naval Affairs. A message from the Senate, by Mr. Dickins, their Secretary, viz: No. 14. An act for the relief of Erastus Fairbanks and Thaddeus Fairbanks; in which I am directed to ask the concurrence of this House. And then he withdrew. A motion was made by Mr. Atherton that the rules in relation to the order of business be suspended, to enable him to move the following resolutions, viz: 1. Resolved, That this Government is a Government of limited powers; and that, by the constitution of the United States, Congress has no jurisdiction whatever over the institution of slavery in the several States of the confederacy. 2. Resolved, That petitions for the abolition of slavery in the District of Columbia and the Territories of the United States, and against the removal of slaves from one State to another, are a part of the plan of operations set on foot to affect the institution of slavery in the several States, and thus indirectly to destroy that institution within their limits. 3. Resolved, That Congress has no right to do that indirectly which it cannot do directly; and that the agitation of the subject of slavery in the District of Columbia or the Territories, as a means and with a view of disturbing or overthrowing that institution in the several States, is against the true spirit and meaning of the constitution, an infringement of the right of the States affected, and a breach of the public faith on which they entered into this confederacy. 4. Resolved, That the constitution rests on the broad principle of equality among the members of this confederacy; and that Congress, in the exercise of its acknowledged powers, has no right to discriminate between the institutions of one portion of the States and another, with a view of abolishing the one and promoting the other. 5. Resolved, therefore, That all attempts, on the part of Congress, to abolish slavery in the District of Columbia or the Territories, or to prohibit the removal of slaves from State to State, or to discriminate between the institutions of one portion of the country and another, with the views aforesaid, are in violation of the constitution, destructive of the funda * mental principles on which the Union of these States rests, and beyond the jurisdiction of Congress; and that every petition, memorial, resolution, proposition, or paper, touching or relating in any way or to any extent whatever to slavery, as aforesaid, or the abolition thereof, shall, on the presentation thereof, without any further action thereon, be laid on the table without being debated, printed, or referred. And on the question, Shall the rules be suspended for the purpose aforesaid? Yeas, 137, It passed in the affirmative, (two-thirds voting therefor,) Nays, 66. The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are Mr. Hugh J. Anderson John T. Andrews Charles G. Atherton Linn Banks William Beatty Andrew Beirne Bennet Bicknell John Chambers Reuben Chapman George W. Crabb Mr. John K. Griffin James Harlan Albert G. Harrison Micajah T. Hawkins George W. Hopkins Henry Johnson Joseph Johnson William Cost Johnson William S. Morgan Mr. James A. Pearce John Pope George W. Towns David D. Wagener Thomas T. Whittlesey Mr. J. Banker Aycrigg The rule being suspended for the purpose, Mr. William Parmenter David Potts, jr. Leverett Saltonstall Charles C. Stratton Mr. Atherton then moved his said resolutions; which were read. On motion of Mr. Stanly, a call of the House was ordered; and the roll being called, all the members who have attended at the present session answered to their names, except William Halsted, Ogden Hoffman, Mathias Morris, Charles Ogle, John H. Prentiss, Waddy Thompson, jr., Joseph Weeks, Lewis Williams, John T. H. Worthington. The doors were then closed; when A motion was made by Mr. Titus that further proceedings in the call be dispensed with; And the question being put, It passed, in the affirmative, The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are Mr. Hugh J. Anderson John T. Andrews Charles G. Atherton Linn Banks William Beatty Cyrus Beers Andrew Beirne Bennet Bicknell Samuel Birdsall Henry W. Connor Isaac E. Crary Mr. Samuel Cushman Mr. William Herod Orrin Holt George W. Hopkins Robert McClellan Abraham McClellan |