John Davenport, junior, John Dawson, Adam Seybert, Daniel Sheffey, Joseph Desha, James Emott, William Findley, Meshack Franklin, Barzilai Gannett, David S. Garland, Thomas Gholdson, Peterson Goodwyn William Helms, James Holland, Richard Jackson, junior, Walter Jones, Philip B. Key, Herman Knickerbacker, Edward St. Loe Livermore, Robert Le Roy Livingston, John Love, Aaron Lyle, Nathaniel MacQB, Dennis Smelt, John Taylor, John Thompson, Uri Tracy, George M. Troup, Charles Turner, junior, Nicholas Van Dyke, Archibald Van Horn, Killian K. Van Rensselaer,, Robert Weakley The question was then taken upon inserting the said recited amendment of Mr. Bibb, And determined in the negative, S Yeas 36. Nays 84. The yeas and nays being demanded by one fifth of the members present, Those who voted in the Lemuel J. Alston, William Helms, affirmative, are Samuel M'Kee, John Rhea, (Tennessee) Ebenezer Seaver, Dennis Smelt, John Smilie, John Taylor, Those who voted in the negative, are Willis Alston, junior, Ezekiel Bacon, David Bard, Daniel Blaisdell, Adam Boyd, James Breckenridge, Epaphroditus Champion, Martin Chittenden, William Crawford, John Davenport, junior, William Ely, Barzillai Gannett, Richard Jackson, junior, Walter Jones, William Kennedy, Herman Knickerbacker, Joseph Lewis, junior, Edward St. Loe Livermore, Robert Le Roy Livingston, John Love, Aaron Lyle, Vincent Matthews, Archibald McBryde, Pleasant M. Miller, William Milnor, Jonathan O. Moseley, Gurdon S. Mumford, Thomas Newbold, John Nicholson, Joseph Pearson, Benjamin Pickman, junior, John Rea, (Pennsylvania) Jabez Upham, Nicholas Van Dyke, Archibald Van Horn, Killian K. Van Rensselaer, Laban Wheaton, Ezekiel Whitman, James Wilson, Robert Witherspoon. A motion was made by Mr. Gholson, and seconded, to amend the said bill by inserting, in lieu of the part striken out, the following: "That the President of the United States be, and he is hereby authorized to appoint three commis sioners, who, or any two of them, shall have power, and they are by this act required, to collect all the evidence, whether written or oral, touching the right and title, at law or in equity, of the United States, of the corporation of New Orleans, or of any individ. ual person or persons of, in and to the parcel of land called the Batture, in front of the suburb St. Mary, in the territory of Orleans and for this purpose the said commissioners, or any two of them, shall have and may exercise the same authority in causing depo. sitions to be taken, and in sending for and examining persons and papers, as the supreme court of the United States, in any case depending before it, can at this time exercise; and when all the evidence deemed ne cessary by the said commissioners, by the attorney general of the United States, or by any person or per. sons interested, for the investigation and decision of the said title, shall have been collected and procured, it shall then be the duty of the said commissioners, or any two of them, to collate and arrange the same in the most intelligible form, which, together with their opinion thereon respecting the title aforesaid, they shall report to Congress at the next session thereof. "Sec. 2. And be it further enacted, That each of the said commissioners, previous to entering on the duties required by this act, shall take the following oath or affirmation, before some one of the judges of the United States, viz. "I, A. B. do solemnly swear (or affirm) that I will faithfully and impartially, to the best of my knowledge, execute and perform the duties required of me as a commissioner under the act, entitled "An act to examine into the title of the batture in front of the suburb St. Mary." "Sec. 3. And be it further enacted, That the President of the United States be, and he is hereby authorized to allow to each of the said commissioners, a compensation not exceeding two thousand dollars, which, together with ang other expenses, that may be incurred under this act, shall be paid out of any mo ney in the Treasury not otherwise appropriated: Provided, That the expense attending the procurement of any testimony in behalf of any individual per son or persons, shall be paid by, and may be collected from such person or persons in the same manner and at the same rates as in a suit in the supreme court of the United States." And the question being taken thereon, There appeared S Yeas 63. Mr. Speaker having declared himself with the yeas, The yeas and nays, as demanded by one fifth of the members present, aro Lemuel J. Alston, YEAS. Willis Alston, junior, William Anderson, David Bard, Burwell Bassett, William W. Bibb John Brown, Richard Cutts, William Helms, Jacob Hufty, Walter Jones, Aaron Lyle, Roger Nelson, Thomas Newbold, Thomas Newton, John Rhea, (Tennessee) |