Mr. Giles, who had been in the House during the whole debate, had gone out just before the question was put, and returning immediately after the names had been called, asked leave to vote. The rule of the House was read by the Speaker, which is that no member shall vote who was not present at putting of the question. Mr. G., on this account, was not allowed a vote.
Mr. Carnes then moved to amend the said resolution by adding to the end thereof the following words:
"Unless it shall be in continuation of a pursuit to a distance not exceeding —— miles beyond the line of the particular Indians who shall have recently committed murder, or may be carrying off captives or plunder."
It was resolved in the affirmative.
The said resolution, as amended, was then again read, and agreed to by the House, as follows:
Resolved, That all persons who, unauthorized by law, and with hostile intent, may be found in arms on any lands allotted or secured to the Indians by treaties between the United States and any Indian tribes, shall, on conviction thereof, forfeit a sum not exceeding —— dollars, and be imprisoned not exceeding —— months, unless it shall be in continuation of a pursuit to a distance not exceeding —— miles beyond the line of the particular Indians who shall have recently committed murder, or may be carrying off captives or plunder.
The second resolution being again read, and amended, was, on the question put thereupon, agreed to by the House, as follows:
Resolved, That it shall be lawful for the military force of the United States to apprehend every person or persons found in arms as aforesaid, and him or them to convey to the civil authority of the United States, within some one of the States, who shall, by such authority, be secured to be tried in manner and form as is provided in and by the act entitled, "An act to regulate trade and intercourse with the Indian tribes:" Provided, that no person shall be confined after his arrest, and before his removal, more than —— days.
Ordered, That a bill or bills be brought in pursuant to the said resolutions, and that Mr. Sedgwick, Mr. Madison, and Mr. Hillhouse, do prepare, and bring in the same.