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The Speaker also laid before the House executive communications as follows, viz:

I. A letter from the Secretary of War reporting against the expediency of passing the joint resolution furnishing clothing to inmates of homes for disabled soldiers &c.; which was referred to the Committee on Military Affairs and ordered to be printed.

II. A letter from the Secretary of the Interior submitting an estimate to pay the annuity provided by the 10th article treaty of 1866, with the Choctaws and Chickasaws; which was referred to the Committee on Appropriations.

Mr. Benton, by unanimous consent, introduced a joint resolution (H. Res. 437) appropriating money to defray the expense of the Joint Select Committee on Retrenchment; which was read a first and second time and referred to the Comunittee on Appropriations.

On motion of Mr. Farnsworth, by unanimous consent, the joint resolution of the Senate (S. R. 173) respecting the provisional governments of Virginia and Texas, with the amendments of the Senate to the amendment of the House to the same, was taken up, and the said amendments were concurred in.

Ordered, That the Clerk acquaint the Senate therewith.
A message from the Senate by Mr. Hamlin, one of their clerks :

Mr. Speaker : The President of the United States bas notified the Senate that he did on this day approve and sign a bill of the following title, viz:

S. 730. An act supplementary to an act entitled "An act to confirm the titles to certain lands in the State of Nebraska."

On motion of Mr. Benjamin F. Butler, the House resolved itself into the Committee of the Whole House on the state of the Union; and after some time spent therein the Speaker resumed the chair, and Mr. James F. Wilson reported that the committee having had under consideration the bill of the House No. 1738, (Indian appropriations,) had come to no resolution thereon.

By unanimous consent, leave of absence for one week was granted to Mr. Garfield, and for this evening's session to Mr. Cary, Mr. Pruyn and Mr. Knott.

By unanimous consent, bills were introduced, read a first and second time and referred as follows, viz:

By Mr. Logan: A bill (H. R. 1857) to repeal section 2 of an act entitled an act making appropriations for sundry civil expenses of the government for the year ending June 30, 1868, and for other purposes; to the Committee on Public Buildings and Grounds.

By Mr. Mungen: A bill (H. R. 1858) granting a pension to Captain David N. Pugh, company B, 27th regiment United States colored troops; to the Committee on Invalid Pensions.

By Mr. Churchill: A bill (II. R. 1859) to regulate the fees to be allowed to clerks and attorneys in the circuit and district courts of the United States; to the Committee on the Judiciary.

Mr. Holman moved that the said votes on reference be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

The hour of 4 o'clock p. m. having arrived, the House took a recess until 74 o'clock p. m.

After the recess,

The House, in pursuance of its order of yesterday, resolved itself into the Committee of the Whole House on the state of the Union; and after some time spent therein, the Speaker resumed the chair, and Mr. Scofield reported that the committee having, according to order, had under consideration the bill of the House No. 1060, (internal tax bill,) had come to no resolution thereon.

And then,

On motion of Mr. Schenck, at 9 o'clock and 30 minutes p. m., the House adjourned.

WEDNESDAY, FEBRUARY 3, 1869.

The following petitions were laid upon the Clerk's table, under the rules:

By Mr. Benjamin F. Butler: The petition of Anthony D. Havely, praying for an invalid pension.

By Mr. Niblack: The petition of C. M. Mears, late of company K, 14th Indiana volunteers, praying for an invalid pension.

Ordered, That the said petitions be referred to the Committee on Invalid Pensions.

By Mr. Myers: The petition of James Hitchins, praying compensation for losses sustained by him during the war of the rebellion; which was referred to the Committee of Claims.

By Mr. Schenck: The petition of citizens of the State of Ohio, praying for the abolition of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

By Mr. Thomas: The petition of citizens of the State of Maryland, praying for a republicau form of government.

By Mr. Polsley: The petition of members of the bar of Greenbrier county, West Virginia, remonstrating against the removal of the circuit court from Parkersburg to Wheeling.

Ordered, That the said petitions be referred to the Committee on the Judiciary.

By Mr. Beck: The petition of merchants and dealers in distilled spirits in Bourbon county, Kentucky, praying for a change in the tax law.

By Mr. Koontz: The petition of the officers and trustees of Pennsylvania college at Gettysburg, Pennsylvania, praying that the bequest of David Pearson for the endowment of a professorship in said college may be exempt froin taxation.

Ordered, That the said petitions be referred to the Committee of Ways and Means.

By Mr. Mungen: The petition of citizens of the State of Ohio, praying for a nail route from Dinsmore to Fryburg; which was referred to the Committee on the Post Office and Post Roads.

Mr. Beck, by unanimous consent, introduced a bill (H. R. 1860) providing for the holding of an election in Mississippi, and for other purposes; which was read a first and second time, referred to the Committee on Reconstruction, and ordered to be printed.

Mr. Ela, from the Committee on Printing, reported a joint resolution (H. Res. 438) relative to certain purchases by the Interior Department, accompanied by a report in writing thereon; which resolution was read a first and second time.

Pending the question on its engrossment,

Mr. Ela moved the previous question; which was seconded and trie main question ordered, and under the operation thereof the said resolution was ordered to be engrossed and read a third time.

Being engrossed, it was accordingly read the third time and passed. Mr. Ela moved that the vote last taken be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Ordered, That the Clerk request the concurrence of the Senate in the said joint resolution.

On motion of Mr. Ela, by unanimous consent, Ordered, That the said report be printed.

Mr. Holman, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled a joint resolution of the following title, viz:

S. R. 173. Joint resolution respecting the provisional governments of Virginia and Texas;

When, The Speaker signed the same. Mr. Ela, from the Committee on Printing, to which was referred the bill of the House (H. R. 1601) to provide stationery for Congress and the several departments, and for other purposes, reported the same without amendment.

Ordered, That it be engrossed and read a third time.
Being engrossed, it was accordingly read the third time and passed.

Mr. Ela moved that the vote last taken be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Ordered, That the Clerk request the concurrence of the Senate in the said bill.

The House then resumed as the regular order of business the consideration of the bill of the House (H. R. 1856) to establish a certain post road in the State of Connecticut, the pending question when the morning hour expired yesterday being on an amendment submitted thereto by Mr. Richard D. Hubbard.

After debate,

Mr. Cook moved the previous question; which was seconded and the main question ordered to be put;

When,

The Sergeant-at-arms appeared at the bar of the House having in custody, under the order of the House, Florence Scannell.

Mr. William Lawrence submitted the following resolution; which was read, considered, and, under the operation of the previous question, agreed to, viz:

Resolved, That Florence Scannell, of the city of New York, now in the custody of the Sergeant-at-arms, on an attachment for a contempt in refusing to answer certain questions propounded to him by the select committee of this house appointed to examine into alleged frauds committed at the late presidential election in the State of New York, be now arraigned at the bar of this house, and that the Speaker propound to him the following interrogatories:

1. What excuse have you for refusing to answer the questions propounded to you by the select committee of this house appointed to examine into alleged frauds committed at the late presidential election in the State of New York ?

2. Are you now ready to appear before said committee and answer such questions as shall be propounded to you by said committee?

Whereupon,
The Speaker propounded the said interrogatories to the said Scannell.
After responses thereto,

Ordered, That the said Scannell be remanded to the custody of the Sergeant-at-arms subject to the further order of the House.

The Sergeant-at-arms then appeared at the bar of the House having in custody, under the order of the House, Henry Johnson.

Mr. William Lawrence submitted the following resolution, which was read, considered, and agreed to, viz:

Resolved, That Henry Johnson, of the city of New York, now in the custody of the Sergeant-at-arms for a contempt in refusing or neglecting obedience to the summons requiring him to appear and testify before the select committee of this house appointed to examine into alleged frauds committed at the late presidential election in the State of New York, be now arraigned at the bar of this house, and that the Speaker propound to him the following interrogatories:

1. What excuse have you for refusing to answer before the select committee of this house appointed to examine into alleged frauds committed at the late presidential election in the State of New York, in pursuance of the summons served on you for that purpose ?

2. Are you now ready to appear before said committee and answer şuch questions as shall be put to you by said committee!

Whereupon,

The Speaker propounded the said interrogatories to the said Henry Johnson.

After responses thereto,

Mr. Pruyn moved that the said Johnson be discharged from custody for said alleged contempt.

Pending which,
After debate,

Mr. Dickey moved the previous question; which was seconded, and the main question ordered to be put;

When,

On motion of Mr. Scofield the said motion of Mr. Pruyn was laid on the table.

Mr. Ingersoll moved that the further consideration of the case of the said Henry Johnson be postponed until to-morrow after the reading of the journal.

Pending which,

Mr. Ingersoll moved the previous question ; which was seconded and the main question ordered and put, viz: Will the House agree to the said motion to postpone ?

Yeas..

113 And it was decided in the affirmative, Nays..

53 Not voting.

56 The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are

Mr. William B. Allison

Samuel M. Arnell
Delo, R. Ashley
Alexander H. Bailey
John D. Baldwin
Nathaniel P. Banks
Fernando C. Beaman
John Beatty
John F. Benjamin
James G. Blaine
Thomas Boleg
George S. Boutwell
C.C. Bowen
Nathaniel Boyden
John M. Broomall
Charles W. Buckley
Henry L. Cake
John B. Callis
Sidney Clarke
J. W. Clift
Amasa Cobb

Mr. John Coburn

Burton C. Cook
Simeon Corley
John Covode
Shelby M. Cullom
Henry L. Dawes
Columbus Delano
John T. Deweese
Oliver J. Dickey
Oliver H. Dockery
Thomas D. Eliot
James T. Elliott
John F. Farnsworth
Orange Ferries
Thomas W. Ferry
William C. Fields
James H. Goss
George A. Halsey
Abner C. Harding
Thomas Haughey
Isaac R. Hawkins

Mr. David Heaton

William Higby
John Hill
Samuel Hooper
Benjamin F. Hopkins
Chester D. Hubbard
Richard D. Hubbard
Morton C. Hunter
Ebon C. Ingersoll
Thomas A. Jenckes
Alexander H. Jones
Norman B. Judd
George W. Julian
William D. Kelley
William H. Kelsey
William H. Koontz
Addison H. Laflin
Israel G. Lash
George V. Lawrence
William Lawrence
William S. Lincoln

Mr. Benjamin F. Loan

James M. Marvin
Horace Maynard
Ulysses Mercur
George F. Miller
William Moore
Daniel J. Morrell
James Mullins
Leonard Myers
Carman A. Newcomb
J. P. Newsham
Benjamin W. Norris
David A. Nunn
Charles O'Neill
Godlove S. Orth
Sidney Perhem
John A. Petery
S. Newton Pettis
Charles W. Pierce
Frederick A. Pike
Tobias A. Plants

Mr. Daniel Polsley Mr. Worthington C. Smith Mr. John Trimble

Mr. Martin Welker
Green B. Raum
Aaron F. Stevens

Row'd E. Trowbridge B. F. Whittemore William H. Robertson Thomas E. Stewart Ginery Twichell

Thomas Williams Logan H Roots William B. Stokes Charles Upson

William Williams
Philetus Sawyer
John H. Stover
Burt Van Horn

John T. Wilson
Glendi W. Scofield
J. H. Sypher

Robert T. Van Horn Stephen F. Wilson
Lewis Selye
Francis Thomas

William B. Washburn William Windom. Samuel Shellabarger

Those who voted in the negative areMr. Stevenson Archer Mr. Ephraim R. Eckley Mr. James A. Johnson Mr. John V. L. Pruyn James M. Ashley W.P. Edwards Toomas L. Jones

Sanuel J. Randall Samuel B. Axtell John R. French

Francis W. Kellogg William E. Robia on Jehu Biker James A. Garfield Bethuel M. Kitchen

Robert C. Schenck Demax Barnes J. Lawrence Getz J. Proctor Kooit

Charles Sitgreaves Janey B. Beck

Adam J. Glossbrenner Samuel S. Marshall Frederick Stone
Jacob Benton
J. S. Golla lay
James R. McCormick

Stephen Taber
W.Jasper Blackburn Samuel F. Gove

Samuel McKee

Daniel M. Van Auken Benjamin M. Bayer Joxeph J. Gravely William Mungen

Philadelph Van Trump Henry P. H. Bronwell Asa P. Grover

William E. Niblack

Hamilton Ward Ralph P. Buckland Charles Haight

John A. Nicholson

Fernando Wood
Albert G. Burr
Willian S. Holman Charles E. Phelps

George W. Woodward
Samuel F. Cary
Julius Hotchkiss
Luke P Poland

P. M. B. Young. John W. Chanler

Those not voting are-
Mr. George M. Adans Mr. Ignatius Donnelly
Oakes Ames

John F. Driggs
George W. Anderson Benjamin Eggleston
William H. Barnum

Jacob H. Ela John A. Bingham

Charles A. Eldridge Austin Blair

John Fox James Brooks

John A. Griswold Beajainin F, Butler Charles M. Hamilton Roderick R. Butler

Avahel W. Hubbard John C. Churchill

Calvin T. Hulburd Rea ler W. Clarke

James M. Humphrey Thoinas Cornell

Michael C. Kerr Nathan F. Dixon

John H. Ketchain Grenville M. Dodge John A. Logan

Mr. William Loughridge Mr. Rufus P. Spalding
John Lynch

H. H. Stark weather
Rufus Mallory

John Taffe
Denuis McCarthy Caleb N. Taylor
Hiram McCullough Nelson Tift
James K. Moorhead

Lawrence S. Trinble
John Morrissey

Henry Van Aernam Halbert E. Paine

Charles I. Van Wyck
William A. Pile

Michael Vidal
Theodore M. Pomeroy

Cadwal'r C. Washburn
Hiram Price

Ellihu B. Washburde C. H. Prince

Henry D. Washburn
Lewis W. Ross

James F. Wilson
John P. C. Shanks

Fred'k E. Woodbridge.

So the motion to postpone was agreed to. The House then resumed the consideration of the bill of the House (H. R. 1856) to establish a certain post road in the State of Connecticut, the pending question being on the amendment submitted by Mr. Richard D. Hubbard.

The said amendment having been read as follows, viz: strike out all of the 3d section after the enacting clause and insert in lieu thereof, That said bridge shall be constructed and used in such a manner as to cause no material or substantial obstruction to the free' navigation of said river," The question was put, Will the House agree thereto ?

Yeas..

60 And it was decided in the negative, Nays...

89 Not voting..

73 The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are

Mr. Delos R. Ashley Mr. John T. Deweese Mr. William Lawrence Mr. Philetus Sawyer
Jehu Baker
Oliver J. Dickey
Rufus Mallory

Robert C. Schenck
Johu D. Baldwin
J. Lawrence Getz
Samuel McKee

Glenni W. Scofield Demas Barnes J. S. Golladay

James K. Moorhead Charles Sitgreaves
John Beatty
Charles IIaight
William Mungen

Frederick Stone
James B. Beck
Thomas Haughey
William L. Niblack

Stephen Taber
Jacob Benton
David Heaton
John A, Nicholson

Twichell
Nathaniel Boyden

William S. Holman Benjamin W. Norris Daniel M. Van Auken Benjamin M. Boyer Samuel Hooper

Sidney Perham

Philadelph Van Trump John M. Broomall Richard D. Iubbard John A. Peters

Martin Welker Ralph P. Buckland James A. Johnson

Charles E. Phelps

Thomas Williams
Albert G. Burr
Alexander H. Jones Luke P. Poland

Stephen F. Wilsou
John B. Callis
Thomas L. Jones
John V. L. Pruyn

Fernando Wood
Sanuel F. Cary
Michael C. Kerr
Samuel J. Randall

George W. Woodward Columbus Delano

George V. Lawrence William E. Robinson P. M. B. Young
Those who voted in the negative are-
Mr. Samuel M. Arnell Mr Fernando C. Beaman Mr. C. C. Bowen

Mr. Henry L, Cake
James M. Ashley.
John F. Benjamin
Henry P. H. Bromwell

Sidney Clarke
Alexander H. Bailey

George S. Boutwell Charles W. Buckley Amasa Cobb

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