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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Executive Journal --FRIDAY, November 29, 1867.
Mr. Trumbull presented the memorial of Spencer Tompkins and others, members of the bar residing in the city of Omaha, Nebraska, praying the confirmation by the Senate of the nomination of Ira O. Wilkinson to be judge of the United States district court for the district of Nebraska.
The Senate proceeded to consider the nomination of Wm. B. Davis;
When
Mr. Edmunds raised a question of order, viz: That the said nomination having been made at the last session of the Senate and not acted on at the adjournment of said session, under the 37th rule, was not now before the Senate, and could not be acted on without being again made by the President.
The President pro tempore submitted the question of order to the decision of the Senate; and
After debate,
On the question, Is the nomination now before the Sanate?
On motion by Mr. Edmunds,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Chandler, Conness, Corbett, Dixon, Fowler, Frelinghuysen, Harlan, Morton, Nye, Patterson of Tennessee, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Trumbull, Van Winkle, Wade, Willey, Yates.
Those who voted in the negative are,
Messrs. Buckalew, Cole, Conkling, Davis, Edmunds, Johnson, Morrill of Vermont, Norton, Tipton, Williams, Wilson.
On the question, Will the Senate advise and consent to the appointment of Wm. B. Davis?
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On motion by Mr. Ross,
Ordered, That the said nomination be recommitted to the Committee on Indian Affairs.
The Senate proceeded to consider the nomination of A. C. Hunt.
On motion by Mr. Edmunds that the said nomination be recommitted to the Committee on Territories,
The question being taken,
It was determined in the negative.
Whereupon
Resolved, That the Senate advise and consent to, the appointment of A. C. Hunt, agreeably to the nomination.
The Senate proceeded to consider the nomination of Ira O. Wilkinson.
On motion by Mr. Tipton,
Ordered, That the further consideration of the said nomination be postponed to to-morrow.
The Senate proceeded to consider the nomination of Thomas N. Stillwell.
On motion by Mr. Patterson, of N. H., that the said nomination be recommitted to the Committee on Foreign Relations,
The question being taken,
The yeas and nays being demanded by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Chandler, Cole, Conkling, Corbett, Edmunds, Morrill of Vt., Nye, Patterson of N. H., Pomeroy, Stewart, Fessenden, Fowler, Frelinghuysen, Harlan, Morrill of Maine, Sumner, Thayer, Trumbull, Wade, Yates.
Those who voted in the negative are,
Messrs. Buckalew, Davis, Dixon, Johnson, Morton, Norton, Patterson of Tenn., Ross, Sherman, Tipton, Van Winkle, Willey, Williams.
So it was
Ordered, That the said nomination be recommitted to the Committee on Foreign Relations.
The Senate proceeded to consider the nomination of Horace Capron.
On motion by Mr. Buckalew, that the question be recommitted to the Committee on Agriculture,
The question being taken,
It was determined in the negative; and
After debate,
The question recurring, Will the Senate advise and consent to the appointment of Horace Capron?
On motion by Mr. Conkling,
The yeas and nays being demanded by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Chandler, Cole, Corbett, Dixon, Edmunds, Fessenden, Fowler, Frelinghuysen, Harlan, Johnson, Morrill of Me., Morrill of Vt., Morton, Norton, Nye, Patterson of N. H., Patterson of Tenn., Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Yates,
Those who voted in the negative are,
Messrs. Buckalew, Conkling, Davis, Sherman.
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So it was
Resolved, That the Senate advise and consent to the appointment of Horace Capron, agreeably to the nomination.
On motion by Mr. Fowler,
Ordered, That the Committee on Indian Affairs be discharged from the further consideration of the nomination of William B. Davis.
Whereupon
The Senate, by unanimous consent, proceeded to consider the said nomination; and
Resolved, That the Senate advise and consent to the appointment of William B. Davis, agreeably to the nomination.
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