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By Mr. Clever: The memorial of the legislative assembly of New Mexico, praying for the protection of the interests and property of the people of Socorro and Valencia counties.

By Mr. Paine: The petition of Jacob Levit, late private company H, 26th Wisconsin infantry, praying for relief.

By Mr. Covode: A communication from Joseph S. McQuaid, relative to arrears of pay due certain volunteer army officers.

Ordered, That the said petitions and communications be referred to the Committee on Military Affairs.

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. 171. Joint resolution in relation to coast defence;
When
The Speaker signed the same.

Mr. Holman, from the same committee, reported that the committee did this day present to the President of the United States bills of the following titles, viz:

H. R. 1809. An act making appropriations for the payment of salaries and contingent expenses of the Patent Office for January and February, 1869; and

H. R. 1343. An act to confirm the title to certain land to the pueblo of Santa Ana, in the Territory of New Mexico.

The House then resumed, as the regular order of business, the consideration of the bill of the House (H. R. 621) to authorize the building of a military and postal railroad from Washington, District of Columbia, to the city of New York, the pending question being on its engrossment.

Mr. McCarthy submitted amendments thereto.
Pending which,

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

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

H. Res. 372. Joint resolution directing the enforcement of the lien upon the steamer Atlantic;

When
The Speaker signed the same.

The Speaker, by unanimous consent, laid before the House executive communications as follows, viz:

I. A letter from the Secretary of the Treasury, transmitting a report of Mr. E. B. Elliot upon the subject of the international metrical system of coinage, which was referred to the Committee on Coinage, Weights and Measures, and ordered to be printed.

II. A letter from the same, in answer to a resolution of the House of the 1st instant relative to the removal of certain persons from the office of the collector of the port of Philadelphia ; which was referred to the Committee of Ways and Means and ordered to be printed.

III. A letter from the Secretary of State, transmitting a copy of “ Ballads, Odes, &c., on the American war of 1861–65, by Walter Thomas Meyler, of Dublin;" which was laid on the table.

By unanimous consent, leave of absence for ten days was granted to Mr. Lawrence S. Trimble, and for the remainder of the present week to Mr. Robinson.

The House then resumed the consideration of the bill of the House

(H. R. 621) to authorize the building of a military and postal railroad from Washington, District of Columbia, to the city of New York ;

When
Mr. Twichell moved that the bill be laid on the table.
And the question being put,
Yeas

60 It was decided in the negative, Nays

103 Not voting

59 The yeas and nays being desired by one-fifth of the members present,

Those who voted in the affirmative are-
Mr. Jehu Baker
Mr. Asa P. Grover
Mr. Israel G. Lash

Mr. William E. Robinsou William H. Barnum Charles Haight

William S. Lincoln Charles Sitgreaves James B. Beck

George A. Halsey William Loughridge Worthington C. Smith John F. Benjamin Iaac R. Hawkins

Samuel S. Marshall Frederick Stone W. Jasper Blackburn John Hill

James M. Marvin

Stephen Taber
Benjamin M. Boyer

William S. Holman Jamex R. McCormick Caleb N. Taylor
James Brooks
Chester D. Hubbard William Moore

Francis Thomas
Albert G. Burr
Calvin T. Hulburd William Mungen

Nelson Tift
Samuel F. Cary

James M. Humphrey William E. Niblack Ginery Twichell John W. Chapler Morton C. Hunter John A. Nicholson

Daniel M. Van Auken Oliver H. Dockery James A. Johnson Charles E. Phelps

Philadelph Van Trump Charles A. Eldridge Thomas L. Jones

Luke P. Poland

William B. Washburn J. Lawrence Getz William D. Kelley John V. L. Pruyn

Fernando Wood Adam J. Glossbrenner J. Proctor Knott

Samuel J. Randall George W. Woodward J. S. Golladay

Addison H. Lafin Willianı H. Robertson P. M. B. Youog. Those who voted in the negative areMr. William B. Allison Mr. Columbus Delano Mr. William H. Kelsey Mr. Philetus Sawyer Oakes Ames John T. Deweese

Bethuel M. Kitchen Glenni W. Scofield Delos R. Ashley Nathan F. Dixon

William H. Koontz Lewis Selye James M. Ashley

Ephraim R. Eckley William Lawrence John P. C. Sbanks Demas Barnes

Benjamin Eggleston Benjamin F. Loan Samuel Shellabarger John Beatty Thomas D. Eliot John A. Logan

Rufus P. Spalding Jacob Benton John F. Farnsworth Rufus Mallory

H. H. Starkweather John A. Bingham Orange Ferriss Horace Maynard

Aaron F. Stevens Austin Blair Thomas W. Ferry Dennis McCarthy

William B. Stokes Thomas Boles William C. Fields Samuel McKee

J. H. Sypher George S. Boutwell John R. French

George F. Miller

John Taffe
C. C. Bowen
James A. Garfield
James K. Moorhead

John Trimble
Nathaniel Boyden
James H. Goss
James Mullins

Row'd E. Trowbridge Henry P. H. Bromwell Samuel F. Gove

Carman A. Newcomb Charles Upson Ralph P. Buckland Joseph J. Gravely Benjamin W. Norris Robert T. Van Hors Charles W. Buckley Abner C. Harding

David A. Nunn

Hamilton Ward Roderick R. Butler Thomas Haughey

Godlove S. Orth

Martin Welker
Henry L. Cake
David Heaton
Halbert E. Paine

B. F. Whittemore
John B. Callis
William Higby
Sidney Perham

Thomas Williams Sidney Clarke Benjamin F. Hopkins S. Newton Pettis

William Williams J. W. Clift Julius Hotchkiss Charles W. Pierce

James F. Wilson Amasa Cobb Thomas A. Jenckes Tobias A. Plants

John T. Wilson John Coburn Alexander H. Jones Daniel Polsley

Stephen F. Wilson Simeon Corley Norman B. Judd C. H. Prince

William Windom John Covode George W. Julian Green B. Raum

Fred'k E. Woodbridge. Shelby M. Cullom

Francis W. Kellogg Lewis W. Ross Those not voting areMr. George M. Adams Mr. Thomas Cornell Mr. Ebon C. Ingersoll Mr. Theodore M. Pomeroy George W. Anderson Henry L. Dawes

Michael C. Kerr

Hiram Price
Stevenson Archer
Oliver J. Dickey
John H. Ketcham

Logan H. Roots Samuel M. Arnell

Grenville M. Dodge George V. Lawrence Robert C. Schenck Samuel B. Axtell Ignatius Donnelly John Lynch

Thomas E. Stewart Alexander H. Bailey John F. Driggs

Hiranı McCullough John H. Stoyer
John D. Baldwin
W. P. Edwards
Ulysses Mercur

Lawrence S. Trimble Nathaniel P. Banks Jacob H. Ela

Daniel J. Morrell

Henry Van Aernam Fernando C. Beaman James T. Elliott

Johu Morrissey

Burt Van Horn
James G. Blaine
John Fox
Leopard Myers

Charles H. Van Wyck
John M. Broomalt
John A. Griswold
J. P. Newsham

Michael Vidal Benjamin F. Butler Charles M. Hamilton Charles O'Ne

Cadwal'r C. Washburn John C. Churchill Samuel Hooper John A. Peters

Ellihu B. Washburne Reader W Clarke Asabel W. Hubbard Frederick A. Pike

Henry D. Washbure Burton C. Cook

Richard D. Hubbard William A. Pilo So the House refused to lay the bill on the table. The first amendment of Mr. McCarthy was then read and agreed to.

The second amendment having been read as follows, viz: In section six, line twelve, strike out “ six” and insert “ seven ;" so that it will read :

"SEC. 6. And be it further enacted, That the gauge of the said New York and Washington railway shall be of uniform width, or so as to

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carry one set of cars throughout its entire length, and the rails shall be of American iron or steel manufacture; and the entire railway shall, with its outfit, fixtures, and structure, together with all its appurtenances, be equal in character and workmanship to any of the first-class railways of the United States. And the cars for first-class passengers shall be provided at all times with all the modern improvements for comfort and convenience. The schedule time for passenger, mail, military, and freight trains shall never exceed (when fully equipped and finished) seven hours between Washington and New York city for first-class passenger and through mails." The question was put, Will the House agree thereto?

104 It was decided in the affirmative, Nays.

61

Not voting: -
The yeas and nays being desired by one-fifth of the members present,

Those who voted in the affirmative are-
Mr. William B. Allison Mr. Shelby M. Cullom Mr. Norman B. Judd Mr. Green B. Raum
Oakes Ames
Columbus Delano
George W. Julian

Logan H. Roots
Delos R. Ashley

Oliver H. Dockery Francis W. Kellogg Lewis W. Ross
James M. Ashley
Ignatius Donnelly William H. Kelsey

Pbiletus Sawyer
Samuel B. Axtell
Ephraim R. Eckley William H. Koontz

Glenni W. Scofield
Jehu Baker
Benjamin Eggleston Israel G. Lash

Lewis Selye Fernando C. Beaman Jacob H. Ela

Benjamin F. Loan

John P. C. Shanks John Beatty Thomas D. Eliot John A. Logan

Samuel Shellabarger Jacob Benton John F. Farnsworth Horace Maynard

Rufus P. Spalding John A. Bingham Orange Ferries Dennis McCarthy

H. H. Stark weather
Anstin Blair
Thomas W. Ferry
George F. Miller

Aaron F. Stevens
Thomas Boles
William C. Field,

James K. Moorhead William B. Stokes George 8. Boutwel! John R. French

William Mungen

John H. Stover
C.C. Bowen
James H. Goss
J. P. Newsham

J. H. Sypher
Nathaniel Boyden
Samuel F. Gove

Benjamin W. Norris John Taffe
Henry P. H. Bromwell Abner C. ding

David d. Nunn

Row'd E. Trowbridge Ralph P. Buckland Thomas Haughey

Godlove S. Orth

Charles Upson Cbarles W. Buckley Isaac R. Hawking

Halbert E. Paine

Henry Van Aernam Roderick R. Butler William Higby

Sidney Perham

Philadelph Van Trump
Henry L. Cake
William S. Holman Charles W. Pierce

Hamilton Ward
John B. Callis
Benjamin F. Hopkins Frederick A. Pike

Martin Welker
J. W. Clift
Julius Hotchkiss
William A. Pile

B. F. Whittemore
Amasa Cobb
Chester D. Hubbard Tobias A. Plants

Thomas Williams
John Coburn
Morton C. Hunter
Daniel Polsley

William Williams Simeon Corley Thomas A. Jenckes Hiram Price

Stephen F. Wilson John Covode Alexander H. Jones C. H. Prince

William Windom,
Those who voted in the negative are-
Mr. Nathaniel P. Bank, Mr. Joseph J. Gravely Mr. James R. MeCormick Mr. Thomas E. Stewart
Demas Barnes
Charles Haight
Samuel McKee

Frederick Stone
James B. Beck
George A. Halsey
William Moore

Stephen Taber
John F. Benjamin
John Hill

Carman A. Newcomb Caleb N. Taylor
W. Jasper Blackburn Calvin T. Hulburd

William E. Niblack

Francis Thomas
Benjamin M. Boyer James M. Humphrey John A. Nicholson

Nelson Tift
James Brooks
James A. Johnson
S. Newton Pettis

Ginery Twichell
John M. Broomall
Thomas L. Jones
Charles E. Phelps

Daniel M. Van Auken -
Albert G. Barr
William D. Kelley Luke P. Poland

Robert T. Van Horn Samuel F. Cary J. Proctor Knott John V. L. Pruyn

William B. Washburn John W. Chanler Addison H. Laflin

Samuel J. Randall James F. Wilson Sidney Clarke

William Lawrence William H. Robertson Fernando Wood Charles A. Eldridge William S, Lincoln William E. Robinson Fred'k E. Woodbridge J. Lawrence Getz Samuel S. Marshall Charles Sitgreaves George W. Woodward Adam J. Glossbrenner James M. Marvin

Worthington C. Sinith P. M. B. Young.
J. S. Golladay

Those not voting are-
Mr. George M. Adams Mr. Oliver J. Dickey Mr. Richard D. Hubbard Mr. Leonard Myers
George W. Anderson Nathan F. Dixon

Ebon C. Ingersoll

Charles O'Neill
Stevenson Archer
Grenville M. Dodge Michael C. Kerr

John d. Peters
Samuel M. Arnell
John F. Driggs
John H. Ketcham

Theodore M. Pomeroy Alexander H. Bailey W.P. Edwards

Bethuel M. Kitchen

Robert C. Schenck John D. Baldwin James T. Elliott

George V. Lawrence John Trimble William H. Barnum John Fox

William Loughridge Lawrence S. Trimble James G. Blaine James A. Garfield John Lynch

Burt Van Horn Benjamin F. Butler John A. Griswold

Rufus Mallory

Charles H. Van Wyck
John C. Churchill
Asa P. Grover

Hiram McCullough Michael Vidal
Reader W. Clarke
Charley M. Hamilton Ulyeges Mercur

Cadwal'r C. Washburn
Burton C. Cook
David Heaton
Daniel J. Morrell

Ellihu B. Washburne Thomas Cornell Samuel Hooper John Morrissey

Henry D. Washburn Henry L. Dawes Asahel W. Hubbard James Mullins

John T. Wilsou, Jobn T. Deweese

So the said amendment was agreed to.

Under the further operation of the previous question, the bill was ordered to be engrossed and read a third time.

Not being actually engrossed, the bill was left on the Speaker's table.

Mr. McCarthy moved a reconsideration of the vote by which the said bill was ordered to be engrossed and read a third time; which motion was passed over for the present.

Mr. Orth, by unanimous consent, laid before the House a statement from Philps and Solomon in regard to stationery contracts; which was read.

The morning hour having expired,

The House proceeded to the consideration of the amendments of the Senate to the bill of the House (H. R. 1570) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1870, and for other purposes;

When

The said amendments numbered 1, 2, 6, 7, 13, 14, 22, 27, 28, 30, 31, and 32, were severally disagreed to.

The remaining amendments were severally read and agreed to.

Mr. Spalding moved that the votes on the said amendments 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 acquaint the Senate with the action of the House on the said amendments..

On motion of Mr. Judd, by unanimous consent, Ordered, That reports from the Committee on Banking and Currency, as public measures, be in order on Saturday next, after the morning hour.

Mr. Pettis, from the Committee of Elections, submitted a report in writing in the case of Chaves vs. Clever, accompanied by the following resolutions, viz:

Resolved, That Hon. Charles P. Clever is not entitled to a seat in the fortieth Congress as a delegate of the Territory of New Mexico.

Resolred, That Hon. J. Francisco Chaves is entitled to a seat in the fortieth Congress as a delegate from the Territory of New Mexico.

Ordered, That the said report and resolutions be laid on the table and printed.

Mr. Pike, by unanimous consent, introduced a bill (H. R. 1908) to compensate the officers and crew of the United States steamer Kearsarge for the destruction of the rebel piratical vessel Alabama; which was read a first and second time and referred to the Committee on Naval Affairs.

Mr. Scofield 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.

Mr. Kelley, by unanimous consent, introduced a bill (H. R. 1909) to prevent the collection of illegal taxes on passengers under color of State authority; which was read a first and second time and referred to the Committee on Commerce.

Mr. Beck, by unanimous consent, submitted the following preamble and resolution, which was read, considered, and agreed to, viz:

Whereas this house is about to proceed to the consideration of that portion of the internal revenue bill relating to distilled spirits and tobacco which became law on the 20th of July, 1868, in which certain powers were conferred and certain duties imposed upon the Commis

sioner of Internal Revenue relative to the proper management and conduct of distillers and others under it: Therefore,

Resolved, That the Secretary of the Treasury be directed to furnish this house with all regulations, orders, decisions, and rulings relative to the execution of said law that have been made by the Commissioner of Internal Revenue or any other officer of the Treasury Department as soon as practicable, in order to enable this house to determine what changes, if any, it is proper to make in the existing law.

Mr. Benjamin 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.

Mr. Benjamin F. Butler, by unanimous consent, from the Committee on Appropriations, submitted a report in writing upon the letter of the Secretary of the Interior of the 23d ultimo, relative to a deficiency in the appropriation for the Indian service in New Mexico; which was laid on the table and ordered to be printed.

Mr. Benjamin F. Butler, from the same committee, reported a bill and joint resolution of the following titles, accompanied by a report in writing in the latter case; which bill and joint resolution were severally read a first and second time, committed to the Committee of the whole House on the state of the Union, and, together with the said report, ordered to be printed, viz:

H. R. 1910. A bill prohibiting the rendering of any service or furnishing supplies in excess of legal appropriations, making the same a penal offence, and debarring claims on such account; and

H. Res. 449. A joint resolution referring the claim of J. C. D. Blackburn for supplies furnished Kiowa, Comanche, and Apache Indians to the Second Comptroller of the Treasury for adjustment and report.

On motion of Mr. Loughridge, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers in the case of Hiram W. Love—copies to be left.

On motion of Mr. Blaine, 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. Ferry reported that the committee having had under consideration the special order, viz: A bill (H. R. 1803) making appropriations for the support of the army for the year ending June 30, 1869, had come to no resolution thereon.

The hour of 41 o'clock p. m. having arrived, the House took a recess until 71 o'clock p. m. After the recess, A message from the Senate, by Mr. Hamlin, one of their clerks:

Mr. Speaker: The Senate insist on their amendments, disagreed to by the House, to the bill of the House (H. R. 1570) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1870, and for other purposes, ask a conference with the House on the disagreeing votes of the two houses thereon, and have appointed Mr. Morrill, of Maine, Mr. Sumner, and Mr. Howe, the conferees on the part of the Senate.

The House then, in pursuance of its order of the 1st instant, 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 I. R. 1060 (internal taxes,) had come to no resolution thereon.

And then, On motion of Mr. Schenck, at 9 o'clock and 5 minutes | In., the House adjourned.

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