money so drawn, and not paid directly to some person having a claim against the Government, shall be placed by the head of the department, or other person under whose superintendence or by whom it is to be disbursed, (when practicable,) in some bank designated for that purpose, to the credit of the officer or other person who is to disburse the same, whose disbursements, whenever it can be done, shall be only made by checks drawn on the said deposite to the order of the person receiving the same, specifying the particular object or purpose for which each is drawn; and that it shall be the duty of the bank, on which the said checks shall be drawn, to make weekly returns of the checks so drawn and paid, together with a copy of the account of such officer or other person with the said bank, to the proper accounting officer of the Treasury Department, to the end that the same may be examined and compared, and that the account of such officer or person may be promptly and truly stated and adjusted.

SEC. 9. And be it further enacted, That whenever any certificate of debenture or bounty shall become due and payable according to law, it shall be the duty of the collector to endorse on said certificate an order on the bank in which the public moneys are deposited for his district, directing the payment of the same; and that upon the presentation of the said order, countersigned by the naval officer, it shall be the duty of the said bank to pay the amount thereof, and to charge the same to the Treasurer of the United States, in account with the said bank; and that the said certificate, with the endorsement thereon, before it shall be delivered, or be a valid order for payment, shall be countersigned by the naval officer, and recorded in his office; and it shall be the duty of the said bank, of the said collector, and of the said naval officer, respectively, to return weekly abstracts of all certificates of debenture and bounty, so paid as aforesaid; and it shall be the duty of the said bank, from time to time, upon the settlement with the Treasurer of the United States of his account with the said bank, to return the said original certificates, with the orders of payment endorsed thereon, to the First Comptroller of the Treasury, that the same may be examined and compared by him with the returns of the said naval officer and collector; and further, that it shall be the duty of the said collector and naval officer to make weekly returns of all certificates of debenture and bounty issued by them, which said returns shall contain a statement of the amount to be paid on said certificate, the number thereof, and the name of the person to whom the same is made payable.

SEC. 10. And be it further enacted, That if any officer mentioned or referred to in this act, shall neglect or refuse to make such returns as are herein required to be made, and truly and diligently to perform the duties required of him by this act, it shall be the duty of the head of department to which the duties of the said officer appertain, forthwith to report such neglect or refusal to the President of the United States; and if such neglect or refusal shall not be satisfactorily accounted for, the said officer shall forthwith be removed from office, and such other legal remedies shall be applied as the case may warrant; and if any bank in which the public money may be deposited, as aforesaid, shall neglect or refuse to make the returns required by this act to be made, it shall be the duty of the head of the department to which such returns are required to be made, forthwith to report the same to the President, who, if such neglect or refusal shall not be satisfactorily accounted for, shall cause the public money deposited in such bank to be removed therefrom:"

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

27.

Messrs. Bayard, Clay, of Kentucky, Davis, Knight, McKean, Merrick, Prentiss, Rives, Ruggles, Smith, of Indiana, Spence, Swift, Tallmadge, Webster, White.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Strange, Walker, Wall, Williams, of Maine, Williams, of Mississippi, Wright, Young.

On motion by Mr. Tallmadge,

To amend the bill, by adding the following section:

SEC. And be it further enacted, That whenever a collector or receiver shall deposite any of the public money in any bank, it shall be deposited to the credit of the Treasurer of the United States, instead of the individual credit of such collector or receiver,

Yeas

It was determined in the negative, Nays

On motion by Mr. Tallmadge,

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

20, 23.

Messrs. Bayard, Clay, of Kentucky, Crittenden, Davis, Knight, McKean, Merrick, Nicholas, Prentiss, Rives, Robinson, Ruggles, Sevier, Smith, of Indiana, Spence, Swift, Tallmadge, Webster, White, Young.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Buchanan, Clay, of Alabama, Fulton, Hubbard, King, Linn, Lyon, Morris, Mouton, Niles, Norvell, Pierce, Roane, Smith, of Connecticut, Strange, Walker, Wall, Williams, of Maine, Williams, of Mississippi, Wright.

No further amendment being proposed,

On the question, "Shall this bill be engrossed, and read a third time?" S Yeas

It was determined in the affirmative, Nays

On motion by Mr. Smith, of Indiana,

26,

16.

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

Messrs. Allen, Benton, Brown, Buchanan, Clay, of Alabama, Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Strange, Walker, Wali, Williams, of Maine, Williams, of Mississippi, Wright, Young.

Those who voted in the negative are,

Messrs. Bayard, Clay, of Kentucky, Crittenden, Davis, Knight, McKean, Merrick, Prentiss, Rives, Ruggles, Smith, of Indiana, Spence, Swift, Tallmadge, Webster, White.

So it was

Ordered, That this bill be engrossed, and read a third time.

On motion,

The Senate adjourned.

TUESDAY, FEBRUARY 19, 1839.

The Vice President presented the credentials of the honorable Reuel Williams, chosen a Senator by the Legislature of the State of Maine, for the term of six years from the fourth day of March, 1839; which were read.

Mr. Calhoun presented the credentials of the honorable Thomas H. Williams, chosen a Senator by the Legislature of the State of Mississippi, to fill the vacancy occasioned by the resignation of the honorable James D. Trotter, resigned; which were read.

The oath prescribed by law was administered to Mr. Williams.

Mr. Norvell presented the memorial of the Legislature of the State of Michigan, praying an appropriation for the completion of certain military roads in that State; which was referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Norvell presented the memorial of the Legislative Assembly of the Territory of Iową, praying a donation of land, for the location of the seat of government of that Territory which was referred to the Committee on Public Lands.

Mr. Wright presented the memorial of the "American Society for the Diffusion of Useful Knowledge," praying the aid of the General Government in promoting the objects of the society; which was referred to the Committee on the Library, and ordered to be printed.

On motion by Mr. Robinson,

Ordered, That the memorial of a number of citizens of Paducah, Kentucky, on the files of the Senate, in relation to the claim of Francis A. Harrison, be referred to the Committee on the Post Office and Post Roads.' Mr. Benton presented the petition of a number of the citizens of the county of Saint Charles, in the State of Missouri, praying a grant of land for the purpose of establishing a settlement in the Oregon Territory; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Norvell, from the Committee on Revolutionary Claims, to whom were referred the following bills:

H. R. 419. "An act for the relief of Nathaniel Plumb;"

H. R. 920. "An act for the relief of the legal representatives of Major Tarlton Woodson;"

H. R. 1011. "An act for the relief of Nicholas Phelan, heir at law of John Phelan, deceased;"

H. R. 1093. "An act for the relief of the heirs of Croker Sampson, deceased;" reported them, severally, without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (H. R. 400) for the relief of Return B. Brown, reported it without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (H. R. 1052) for the relief of Ebenezer A. Lester, reported it without amendment; and that the bill ought not to pass.

Mr. Young, from the Committee of Claims, to whom was referred the bill (H. R. 936) for the relief of the legal representatives of Nimrod Farrow and Richard Harris, reported it without amendment; and that the bill ought not to pass.

On motion by Mr. Young,

Ordered, That the Committee on Roads and Canals be discharged from the further consideration of the petition of Edward D. Tippett.

Mr. Merrick, from the Committee of Claims, to whom the following bills were referred:

H. R. 765. "An act for the relief of E. H. Williams, administrator of the estate of Doctor Hazel W. Crouch ;"

H. R. 879. "An act for the relief of John L. McCarty;"

H. R. 973. “An act for the relief of Frederick Richmond;" reported them, severally, without amendment.

Mr. Merrick, from the Committee of Claims, to whom was referred the bill (H. R. 764) for the relief of Garret Vleit, reported it without amendment; and that the bill ought not to pass.

On motion by Mr. Merrick,

Ordered, That the Committee of Claims be discharged from the further consideration of documents relating to the claims of the legal representatives of John H. Piatt.

Mr. Merrick, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Samuel R. Slaymaker, submitted a report, accompanied by a bill (S. 294) for his relief. The bill was read, and passed to the second reading.

Ordered, That the report be printed.

Mr. Young, from the Committee of Claims, to whom was referred the bill (H. R. 878) for the relief of Woodburn Potter, reported it without amendment.

Mr. King, from the Committee on Commerce, to whom was referred the bill (H. R. 1066) for the relief of Robert Milnor and John Thompson, reported it without amendment; and that the bill ought not to pass.

Mr. King, from the Committee on Commerce, to whom was referred the bill (H. R. 882) for the relief of Jacob Galencia, reported it without amendment; and that the bill ought not to pass.

Mr. Fulton, from the Committee on Roads and Canals, to whom was referred the bill (H. R. 1061) to authorize the construction of a road from Dubuque, in the Territory of Iowa, to the northern boundary of the State of Michigan, and for other purposes, reported it without amendment.

Mr. Young, from the Committee on Roads and Canals, to whom was referred the bill (S. 291) for the benefit of the Washington and Genevieve Railroad Company, reported it without amendment.

Mr. Niles, from the Committee of Claims, to whom the following bills were referred:

H. R. 370. "An act for the relief of Thomas Sinnard;"

H. R. 471. "An act for the relief of the legal representatives of Adam Smith :"

H. R. 811. "An act for the relief of the legal representatives of the lat Doctor James H. Cheears;"

H. R. 837. "An act for the relief of William Traverse;"

H. R. 838. "An act for the relief of Andrew Rembert;" reported them, severally, without amendment.

Mr. Niles, from the Committee of Claims, to whom was referred the bill (H. R. 506) for the relief of Cornelius Tiers, reported it with an amendment; which was read.

Mr. Swift, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 886) for the benefit of the Choctaw Indians, reported it with

out amendment. He also made an adverse report on the subject, which was ordered to be printed.

On motion by Mr. Merrick,

Ordered, That the Committee on the Post Office and Post Roads be discharged from the further consideration of the petition of Hugh A. Crawford.

On motion by Mr. Wall,

Ordered, That John M. McCalla have leave to withdraw his petition. Mr. Young, from the Committee of Claims, to whom was referred the bill (H. R. 877) for the relief of Joseph M. Hernandez, reported it without amendment.

On motion by Mr. Norvell,

Ordered, That the Committee on Commerce be discharged from the further consideration of the memorial of William A. Whitehead, presented the 24th of January, 1839, and the memorialist have leave to withdraw his memorial.

Mr. Williams, of Mississippi, from the Committee on Revolutionary Claims, to whom was referred the bill (H. R. 1051) for the relief of the legal representatives of Captain Joshua Huddy, reported it without amend

ment.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Henry Conway: and, in concurrence therewith,

Resolved, That the prayer of the petition be rejected.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of Betsey Shethar; and, in concurrence therewith,

Resolved, That the prayer of the petition be rejected.

The bill (S. 256) in addition to "An act to promote the progress of the useful arts," having been reported by the committee correctly engrossed, was read a third time.

Resolved, That this bill pass.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The bill (S. 160) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians, having been reported by the committee correctly engrossed, was read a third time.

On the question, "Shall this bill pass?"

It was determined in affirmative,

Yeas

Nays

On motion by Mr. Smith, of Indiana,

25, 18.

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

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Walker, Wall, Williams, of Mississippi, Wright, Young.

Those who voted in the negative are,

Messrs. Bayard, Clay, of Kentucky, Clayton, Crittenden, Davis, Knight, McKean, Merrick, Morris, Prentiss, Rives, Ruggles, Smith, of Indiana, Spence, Swift, Tallmadge, Webster, White.