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Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Benton, Bouligny, Chambers, Chase, Clayton, Eaton, Edwards, Harrison, Hendricks, Holmes, Johnson, of Kentucky, Johnston, of Louisiana, Kane, Knight, McKinley, Marks, Mills, Noble, Reed, Robbins, Ruggles, Sanford, Seymour, Silsbee, Smith, of Maryland, Thomas, and Willey.

Those who voted in the negative, are-Messrs. Berrien, Branch, Chandler, Cobb, Dickerson, Findlay, King, Macon, Randolph, Ridgely, Rowan, Smith, of South Carolina, Tazewell, Van Buren, White, Williams, and Woodbury.

So it was

Resolved, That the Senate advise and consent to the appointment of Joel R. Poinsett, agreeably to the nomination.

The Senate resumed the consideration of the nomination of John Boyle, contained in the message of 14th December; and,

On the question, Will the Senate advise and consent to the appointment of John Boyle?

It was determined in the affirmative: Yeas, 37; Nays, 7.

The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Benton, Berrien, Bouligny, Chambers, Chase, Clayton, Eaton, Edwards, Harrison, Hayne, Hendricks, Holmes, Johnson, of Kentucky, Johnston, of Louisiana, Kane, King, Knight, McKinley, Marks, Noble, Reed, Ridgely, Robbins, Ruggles, Sanford, Silsbee. Smith, of Maryland, Tazewell, Thomas, Van Buren, White, Willey, Williams, and Woodbury.

Those who voted in the negative, are-Messrs. Branch, Chandler, Findlay, Macon, Randolph, Rowan, and Smith, of South Carolina. So it was

Resolved, That the Senate advise and consent to the appointment of John Boyle, agreeably to the nomination.

The Senate resumed the consideration of the nomination of Sidney Breese, contained in the message of the 19th January; and

Resolved, That they advise and consent to the appointment of Sidney Breese, agreeably to the nomination.

On motion by Mr. Berrien,

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate, on the nominations of Joel R. Poinsett, and John Boyle. The following message was received from the President of the United States, by Mr. John Adams, his Secretary:

To the Senate of the United States:

WASHINGTON, 8th February, 1827.

I transmit to the Senate, for their advice with regard to its ratification, a treaty between the United States and the Mexican Confederation, signed by the Plenipotentiaries of the respective governments, on the 10th of July last. It will be seen by its terms, that if ratified by both parties, the ratifications are to be exchanged at this city, on or before the tenth day of next month. The ratification on the part of the government of Mexico, has not yet been received, though it has probably this been effected. avoid all unnecessary delay, the treaty is now communicated to the Senate, that it may receive all the deliberation which, in their wisdom, it may require, without pressing upon their time at a near approach to the close of their session. Should they advise and consent to its ratification, that mea

before this

To

sure will still be withheld until the ratification by the Mexican government shall have been ascertained. A copy of the treaty is likewise transmitted, together with the documents appertaining to the negotiation.

JOHN QUINCY ADAMS.

The message, treaty, and accompanying documents were read. The treaty was read the second time, by unanimous consent. Ordered, That it be referred to the Committee on Foreign Relations, and be printed in confidence for the use of the Senate.

THURSDAY, FEBRUARY 22, 1827.

Mr. Harrison, from the Committee on Military Affairs, to whom were referred the nominations for promotions in the Army, contained in the message of the 8th February, reported. Whereupon,

Resolved, That the Senate advise and consent to the appointments of George Birch, Elijah Lyon, James Kearney, Stephen H. Long, John E. Wool, George Gibson, and William Linnard, agreeably to their respective nominations.

Ordered, That the nominations of Milo Mason and Charles J. Nourse, lie on the table.

Mr. Edwards, from the Committee on Commerce, to whom was referred, on the 8th instant, the nomination of William Conner, reported. Whereupon,

Resolved, That the Senate advise and consent to the appointment of William Conner, agreeably to the nomination.

Mr. Sanford, from the Committee on Foreign Relations, to whom was referred, on the 12th instant, the treaty with the United Mexican States, reported the treaty.

The Senate proceeded to consider the treaty, as in Committee of the Whole; and,

On motion by Mr. King,

Ordered, That it lie on the table.

MONDAY, FEBRUARY 26, 1827.

The following message was received from the President of the United States, from Mr. John Adams, his Secretary:

To the Senate of the United States:

WASHINGTON, February 22d, 1827.

I nominate Samuel Woodhouse, Master Commandant, to be Captain in the Navy. Joseph J. Nicholson, Master Commandant, to be Captain in the Navy. Lieutenants-Charles W. Skinner,

Otho Norris,
John T. Newton,

Joseph Smith,

To be Masters Commandant in the

Navy.

Passed Midshipmen-1. John W. West,

2. Thomas O. Selfridge,

3. Reuben R. Pinkham,

4. Henry Eagle, Jr.

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Passed Midshipmen-5. Andrew K. Long,

6. Gershom J. Van Brunt,

7. Samuel B. Cocke,

8. George S. Blake,

9. Zachariah F. Johnston,

10. Samuel Barron,

11. George Izard, Jr.

12. Robert W. Jones,

13. Alexander G. Gordon,

14. Albert G. Slaughter,

15. Stern Humphreys,

16. John Marshall,

17. Tho's McK. Buchanan,
18. Theodorus Bailey, Jr.
19. Alexander M. Mull,

To be Lieutenants in the Navy.

Major R. D. Wainwright, of the Marine Corps, to be Lieutenant Colonel by brevet.

Major Samuel Miller, of the Marine Corps, to be Lieutenant Colonel by brevet, for ten years faithful services as Major.

Major John M. Gamble, of the Marine Corps, to be Lieutenant Colonel by brevet, for ten years faithful services as Major.

The message was read.

JOHN QUINCY ADAMS.

Ordered, That it be referred to the Committee on Naval Affairs. The following message was received from the President of the United States, by Mr. John Adams, his Secretary:

To the Senate of the United States:

WASHINGTON, February 24th, 1827.

I transmit to the Senate, for their consideration, a conveyance, by treaty, from the Seneca tribe of Indians to Robert Troup, Thomas L. Ogden, and Benjamin W. Rogers, in the presence of Oliver Forward, Commissioner of the United States for holding said treaty, and of Nathaniel Gorham, Superintendent, in behalf of the State of Massachusetts. A letter from the grantees of this conveyance, and a report of the Superintendent of Indian Affairs to the Secretary of War, relating to this instrument, are also transmitted; and with regard to the approval or ratification of the treaty itself, it is submitted to the Senate for their advice and consent.

JOHN QUINCY ADAMS.

The message, treaty, and accompanying documents, were read. Ordered, That the treaty and documents be printed, in confidence, for the use of the Senate.

The Senate resumed, as in Committee of the Whole, the consideration of the treaty with the United Mexican States; and

It was reported to the Senate.

Mr. Sanford submitted the following resolutions:

1. Resolved, (two-thirds of the Senators present concurring,) That the Senate do not advise and consent to the ratification of the first additional article of the treaty between the United States of America and the United Mexican States, concluded at the city of Mexico, on the tenth day of July, 1826. 2. Resolved, (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the third article of the said

treaty, upon condition that the word " inhabitants," being the second word of the said third article, be expunged, and the word " citizens" be inserted instead thereof.

3. Resolved, (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the 16th and 17th articles of the said treaty, upon condition that the sixteenth article be amended, by adding to the end of the said sixteenth article, the following words: "Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognise this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of the enemies whose governments acknowledge this principle, and not of others:" and without this amendment to the said sixteenth article, the Senate do not advise and consent to the ratification of the sixteenth and seventeenth articles of the said treaty.

4. Resolved, (two-thirds of the Senators present concurring,) That the advice and consent of the Senate to the ratification of the said treaty, and the several parts thereof, as herein before particularly modified and stated, be, and they are hereby given, upon condition that the said treaty, which, by the first clause of the thirty-fifth article thereof, is to be in force for the term of twelve years, shall remain in force for the term of six years, and no longer, to be computed from the day of the exchange of the ratifications.

5. Resolved, (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of all the articles of the said treaty, excepting those articles and parts of the said treaty which are herein before particularly rejected or modified.

The Senate proceeded to consider the said resolutions, by unanimous

consent.

On the question to agree to the first resolution,

It was determined in the affirmative: Yeas, 42; Nay, 1.

Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Benton, Berrien, Branch, Chambers, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Edwards, Findlay, Hayne, Hendricks, Holmes, Kane, King, Knight, McKinley, Macon, Marks, Mills, Noble, Randolph, Reed, Ridgely, Robbins, Rowan, Ruggles, Sanford, Silsbee, Smith, of Maryland, Smith of South Carolina, Tazewell, Thomas, Van Buren, White, Willey, and Williams. Mr. Seymour voted in the negative.

On the question to agree to the second resolution,

It was determined in the affirmative: Yeas, 43.

Those who voted, are-Messrs. Barton, Bateman, Bell, Benton, Berrien, Branch, Chambers, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Edwards, Findlay, Hayne, Hendricks, Holmes, Johnston, of Louisiana, Kane, King, Knight, McKinley, Macon, Marks, Mills, Noble, Randolph, Reed, Ridgely, Robbins, Rowan, Ruggles, Sanford, Seymour, Silsbee, Smith, of Maryland, Smith, of South Carolina, Tazewell, Thomas, White, Willey, and Williams.

On the question to agree to the third resolution,

It was determined in the affirmative: Yeas, 44; Nay, 1.

Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Berrien, Bouligny, Branch, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Edwards, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnston,

of Louisiana, Kane, King, Knight, McKinley, Macon, Marks, Mills, Noble, Randolph, Reed, Ridgely, Robbins, Rowan, Ruggles, Sanford, Seymour, Silsbee, Smith, of Maryland, Smith, of South Carolina, Tazewell, Thomas, White, Willey, Williams, and Woodbury.

Mr. Chambers voted in the negative.

On the question to agree to the fourth resolution,
It was determined in the affirmative: Yeas, 42.

Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Berrien, Bouligny, Branch, Chambers, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Edwards, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnston, of Louisiana, King, Knight, McKinley, Macon, Noble, Randolph, Reed, Ridgely, Robbins, Rowan, Ruggles, Sanford, Seymour, Silsbee, Smith, of Maryland, Smith, of South Carolina, Tazewell, Thomas, White, Willey, Williams, and Woodbury.

On the question to agree to the fifth resolution,

It was determined in the affirmative: Yeas, 39; Nays, 3.

Those who voted in the affirmative, are-Messrs. Barton, Bateman, Bell, Berrien, Bouligny, Branch, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Edwards, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnston, of Louisiana, King, Knight, McKinley, Macon, Marks, Mills, Noble, Reed, Ridgely, Robbins, Ruggles, Sanford, Seymour, Silsbee, Smith, of Maryland, Tazewell, Thomas, White, Willey, and Woodbury.

Those who voted in the negative, are-Messrs. Chambers, Rowan, and Smith, of South Carolina.

Ordered, That the Secretary lay the said resolutions before the President of the United States.

The Senate proceeded to consider the motion of the 30th January, to reconsider the vote on the nomination of Andrew Scott; and,

On the question to agree thereto,

It was determined in the negative: Yeas, 17; Nays, 25.

On motion by Mr. Van Buren,

The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Benton, Chambers, Chase, Cobb, Harrison, Johnston, of Louisiana, King, Macon, Mills, Noble, Reed, Robbins, Rowan, Sanford, Silsbee, Smith, of South Carolina, and Williams.

Those who voted in the negative, are-Messrs. Barton, Bateman, Bell, Berrien, Branch, Chandler, Clayton, Dickerson, Eaton, Edwards, Findlay, Hayne, Hendricks, Holmes, Knight, McKinley, Marks, Ridgely, Ruggles, Smith, of Maryland, Tazewell, Van Buren, White, Willey, and Woodbury. So the motion to reconsider was lost.

The Senate proceeded to consider the motion of the 30th January, to remove the injunction of secrecy from the proceedings on the nomination of Andrew Scott; and agreed thereto.

SATURDAY, MARCH 3, 1827.

The following messages were received from the President of the United States, by Mr. John Adams, his Secretary: To the Senate of the United States:

WASHINGTON, February 27, 1827.

I nominate John Nicks, late Lieutenant Colonel of the Army of the United States, be to Brigadier General of the Militia of the Territory of Arkansas.

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