Part 17

YEAS.--Messrs. Anderson, Breckenridge, Cocke, Ellery, Logan, Nicholas, Potter, Israel Smith, John Smith, Samuel Smith, Venable, and Worthington.

NAYS.--Messrs. Adams, Armstrong, Baldwin, Bradley, Brown, Condit, Dayton, Franklin, Hillhouse, Jackson, Maclay, Olcott, Pickering, Plumer, Stone, Tracy, Wells, and White.

On motion to strike out the fourth section of the bill, as follows:

“SEC. 4. The legislative powers shall be vested in the Governor, and in twenty-four of the most fit and discreet persons of the Territory, to be called the Legislative Council, who shall be selected annually by the Governor from among those holding real estate therein, and who shall have resided one year at least in the said Territory, and hold no office of profit under the Territory, or the United States. The Governor, by and with the advice and consent of the said Legislative Council, or of a majority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the Constitution of the United States, with the laws of Congress, or which shall lay any person under restraint, burden, or disability, on account of his religious opinions, declarations, or worship; in all which he shall be free to maintain his own, and not be burdened for those of another. The Governor shall publish throughout the said Territory all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress; which, if disapproved of by Congress, shall thenceforth be of no force. The Governor or Legislative Council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said Territory. The Governor shall convene, prorogue, and dissolve the Legislative Council whenever he may deem it expedient. It shall be his duty to obtain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said Territory, and communicate the same, from time to time, to the President of the United States.”

It passed in the negative--yeas 12, nays 18, as follows:

YEAS.--Messrs. Adams, Anderson, Cocke, Hillhouse, Olcott, Plumer, Stone, Tracy, Venable, Wells, White, and Worthington.

NAYS.--Messrs. Armstrong, Baldwin, Bradley, Breckenridge, Brown, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, and Samuel Smith.

TUESDAY, January 17.

Erection of Louisiana into two Territories.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and on the question to amend the following clause of the fifth section:

“In all criminal prosecutions which are capital, the trial shall be by a jury of twelve good and lawful men of the vicinage,” by striking out the words “which are capital.”

It passed in the negative--yeas 11, nays 16, as follows:

YEAS.--Messrs. Adams, Anderson, Cocke, Logan, Maclay, Plumer, Stone, Tracy, Wells, White, and Worthington.

NAYS.--Messrs. Baldwin, Bradley, Breckenridge, Condit, Dayton, Ellery, Franklin, Jackson, Nicholas, Olcott, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, and Venable.

And after progress, on motion,

Ordered, That the consideration of this bill be further postponed.

After the adjournment of the High Court of Impeachments, the Senate adjourned.

MONDAY, January 23.

The VICE PRESIDENT being absent on account of the ill state of his health, the Senate proceeded to the election of a President pro tempore, as the constitution provides; and the ballots having been collected and counted, a majority thereof was for the Honorable JOHN BROWN, who was accordingly elected President of the Senate pro tempore.

Mr. LOGAN presented the memorial of the American Convention for promoting the abolition of slavery, and improving the condition of the African race, signed Matthew Franklin, president, praying that such laws may be enacted as shall prohibit the introduction of slaves into the Territory of Louisiana, lately ceded to the United States; and the petition was read.

TUESDAY, January 24.

Erection of Louisiana into two Territories.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and on motion to strike out of the fourth section, from the word “annually,” line fourth, to the words “United States,” line seventh, the words, “by the Governor, from among those holding real estate therein, and who shall have resided one year, at least, in the said Territory, and hold no office of profit under the Territory or the United States,” for the purpose of inserting the words following:

“The Governor shall lay off and divide the territory aforesaid into twenty-four convenient districts, from each of which districts there shall be chosen, annually, by the housekeepers resident therein, two of the most fit and discreet persons, who shall also be residents therein and landholders, and holding no office of profit under the territorial government, or that of the United States, and make a return of their names to the Governor, out of which number the Governor shall select twenty-four, to wit, one from each district. But if any of the districts should refuse or neglect to make such appointment for one month after the time appointed by the Governor for making the said elections, he shall then have the power of selecting from each district, so refusing or neglecting, one fit person for the purposes aforesaid.”

On this, a division on the question was called for, and that it be taken on striking out.

Whereupon, the yeas and nays being required by one-fifth of the Senators present, on striking out, it passed in the negative--yeas 15, nays 14, as follows:

YEAS.--Messrs. Adams, Anderson, Breckenridge, Cocke, Condit, Hillhouse, Logan, Maclay, Plumer, John Smith, Stone, Tracy, Venable, and Worthington.

NAYS.--Messrs. Armstrong, Baldwin, Bradley, Brown, Dayton, Ellery, Franklin, Jackson, Nicholas, Olcott, Pickering, Potter, Israel Smith, and Samuel Smith.