The motion made by Mr. Gunn, as last recited, and yesterday referred to this day for consideration, was resumed.

On motion to divide this motion, and to agree to all that is contained from the word "whereas," to the word "same," at the end of the first paragraph of the resolution inclusive, it passed in the affirmative—yeas 27, nay 1, as follows:

Yeas.—Messrs. Bingham, Bloodworth, Bradford, Brown, Burr, Butler, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Jackson, King, Langdon, Latimer, Livermore, Marshall, Martin, Paine, Potts, Read, Robinson, Boss, Rutherford, Strong, Trumbull, and Vining.

Mr. Tazewell voted in the negative.[53]

The yeas and nays were required by one-fifth of the Senators present.

Those who voted in the affirmative, are—Messrs. Bingham, Bradford, Butler, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, King, Latimer, Livermore, Paine, Potts, Read, Ross, Rutherford, Strong, Trumbull, and Vining.

These who voted in the negative, are—Messrs. Bloodworth, Brown, Burr, Jackson, Langdon, Marshall, Martin, Mason, Robinson, and Tazewell.

Yeas 19, nays 10. So the question of reconsideration was lost, there not being two-thirds of the Senators present in the affirmative.

On motion, by Mr. Rutherford, for the question on the resolution as amended, to wit:

"Whereas, it is alleged by divers American citizens, that negroes and other property, to a considerable amount, were carried away in contravention of the 7th article of the Treaty of Peace between the United States and His Britannic Majesty: