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committee had examined and found truly enrolled a bill of the following title, viz:

S. 935. An act to provide for a term of the circuit and district courts of the United States for the district of Vermont;

When,

The Speaker signed the same.

Mr. Blair, from the Select Committee on Alleged Election Frauds in the State of New York, having proposed to submit the following resolu tion, viz:

Resolved, That the Sergeant-at-arms of this house be, and he is hereby, ordered to arrest and bring before this house John H. Bell, of Orange county in the State of New York, to answer for a contempt in refusing to answer questions put to him by the committee of this house appointed to investigate alleged frauds in the late presidential election in the State of New York. And the said Sergeant-at-arms is also in like manner ordered to arrest and bring before this house David W. Reeve, of said Orange county, in the State of New York, to answer as for a contempt in neglecting and refusing to attend before the said committee appointed to investigate alleged frauds in the late presidential election in the State of New York, he, the said David W. Reeve, having been first duly subpoenaed so to attend before said committee. And that a warrant be issued by the Speaker of this house to the Sergeant-atarms commanding him or his special messenger to arrest the said John H. Bell and David W. Reeve, and each of them, and bring them before this house accordingly, to answer, each of them, for this his contempt, and abide the order and judgment of this house in the premises.

Mr. Kerr made the point of order that the said report had not been authorized by the committee.

And the question being put, Will the House receive the same?

It was decided in the affirmative,

Yeas
Nays..
Not voting..

120

33

69

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

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Pending the question on agreeing to the said resolution,
Mr. Ross moved that the resolution be laid on the table.
And the question being put,

It was decided in the negative,

Yeas..
Nays..
Not voting...

32

112

78

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

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Mr. James Brooks

Ralph P. Buckland
John B. Callis
John C. Churchill
John Coburn
Burton C. Cook
Columbus Delano
John T. Deweese
Nathan F. Dixon
Grenville M. Dodge
Benjamin Eggleston
Charles A. Eldridge
John F. Farnsworth
John R. French

Adam J. Glossbrenner
Charles Haight

George A. Halsey

Mr. Abner C. Harding
Thomas Haughey
David Heaton
Benjamin F. Hopkins
Julius Hotchkiss
Asahel W. Hubbard
Chester D. Hubbard
Richard D. Hubbard
Ebon C. Ingersoll
Francis W. Kellogg
John H. Ketcham
William S. Lincoln
Benjamin F. Loan
William Loughridge
Rufus Mallory
Dennis McCarthy
Samuel McKee

Mr. Ulysses Mercur
John Morrissey

James Mullins
Carman A. Newcomb
Benjamin W. Norris
David A. Nunn
S. Newton Pettis
Charles E. Phelps
Frederick A. Pike
William A. Pile
Luke P. Poland
John V. L. Pruyn
Logan H. Roots
Lewis W. Ross
Glenni W. Scofield
Charles Sitgreaves

Mr. Aaron F. Stevens
Thomas E. Stewart
J. H. Sypher
Caleb N. Taylor
Francis Thomas
John Trimble

Lawrence S. Trimble
Daniel M. Van Auken
Burt Van Horn
Charles H. Van Wyek
Michael Vidal
Ellihu B. Washburne
Martin Welker
William Windom
Fernando Wood

Fred'k E. Woodbridge.

So the House refused to lay the resolution on the table.

Mr. Blair moved the previous question; which was seconded and the main question ordered and put, viz: Will the House agree thereto ?

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

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Mr. Luke P. Poland

William H. Robertson
Robert C. Schenck
Glenni W. Scofield
John P. C. Shanks
Charles Sitgreaves

Mr. Rufus P. Spalding

Aaron F. Stevens
Thomas E. Stewart
Frederick Stone
J. H. Sypher
Francis Thomas

So the resolution was agreed to.

Mr. John Trimble

Lawrence S. Trimble
Daniel M. Van Auken
Charles H. Van Wyck
Michael Vidal

Cadwal'r C. Washburn

Mr. Ellihu B. Washburne
Stephen F. Wilson
William Windom
Fernando Wood
Fred'k E. Woodbridge.

Mr. Holman, from the Committee on Enrolled Bills, reported that the committee did, on the 18th instant, present to the President of the United States a joint resolution and bills of the following titles, viz:

H. Res. 459. Joint resolution authorizing the Secretary of War to allow to the New York and Oswego Midland Railroad Company a right of way across a portion of the public ground at Fort Ontario, Oswego, New York, for railroad purposes;

H. R. 1745. An act for the relief of the estate of Isaac Philips, deceased, who was a private in the revolutionary war;

H. R. 1749. An act granting a pension to Daniel Hauser, a citizen of North Carolina, and a soldier of the war of 1812.

Mr. Pike, from the committee of conference on the disagreeing votes of the two houses on the bill of the House (H. R. 941) to amend certain acts in relation to the navy and marine corps, submitted the following report, viz:

"The committee of conference upon the disagreeing votes of the two houses upon the amendments to the bill (H. R. 941) to amend certain acts in relation to the navy and marine corps, having met, after full and free conference have agreed to recommend, and do recommend, to their respective houses as follows, viz:

66 That the Senate recede from its first amendment, striking out the first section of the bill and the enacting clause of the second section, and that the House agree to an amendment of said first section by way of substitute in the following terms:

"That from and after the passage of this act the active list of the United States marine corps shall consist of the following officers, noncommissioned officers, musicians, and privates, to wit:

"One brigadier general commandant, one colonel, one lieutenant colonel, three majors, one adjutant and inspector, one paymaster, one quartermaster, one assistant quartermaster, seventeen captains, twentyfour first lieutenants, twenty-four second lieutenants, one sergeant major, one quartermaster sergeant, one drum-major, one principal musician, one hundred and sixty-seven sergeants, one hundred and sixty-five corporals, thirty musicians for band, fifty drummers, fifty fifers, and eighteen hundred privates: Provided, That no commission of any officer now in the marine corps shall be vacated by this act, but no appointment shall be made in any of the grades of said corps until the number of officers in that grade shall have been reduced below the number herein authorized.

"That the House agree to the second amendment of the Senate, with an amendment as follows, viz: Strike out the words "and no appointment of third assistant engineer shall hereafter be made," and insert in lieu thereof the words and the grade of third assistant engineer is hereby abolished, but no commission of any officer of that grade who has been wounded in battle while in the service shall be vacated by the terms of this section, and any such officer now in said grade shall, notwithstanding the disability caused by such wound, be entitled to be examined for promotion, anything in any previous law to the contrary notwithstanding?

"That the House agree to the third amendment of the Senate. "That the House agree to the fourth amendment of the Senate with

an amendment, to wit: Strike out the words. "shall on the 1st day of November next be," and insert in lieu thereof the words "are hereby.” "That the House agree to the fifth amendment of the Senate. "That the House agree to the sixth amendment of the Senate, with an amendment, to wit: Strike out all after the word "merit," and insert in lieu thereof the following: "and shall within one year after such graduation be entitled to examination for promotion, and successfully passing the same, may then be promoted to the grade of ensign."

"That the House agree to the seventh amendment of the Senate, with an amendment as follows, to wit: Strike out all after the enacting clause of said amendment, and insert in lieu thereof the following:

"Any officer of the navy below the grade of commander who, upon examination for promotion, shall not be found professionally qualified, shall be suspended from promotion for one year, when he shall be re-examined, and in case of his failure upon such re-examination he shall be dropped from the

service.

"SEC.. And be it further enacted, That no promotion to the grade of commodore on the active list shall be made until the number in said grade shall have been reduced below fifteen, which shall thereafter be the number allowed by law.

"SEC.. And be it further enacted, That no promotion to the grade of lieutenant commander on the active list shall be made until the number in said grade shall have been reduced below eighty, which shall thereafter be the number allowed by law; and when the number of lieutenant commanders shall have been so reduced, the fifth section of the act to define the number and regulate the appointment of officers in the navy, and for other purposes, approved July 25, 1866, shall be repealed. And as the number of lieutenant commanders shall be reduced the number of lieutenants shall be increased until the number in said grade on the active list shall be two hundred and eighty, which shall thereafter be the number of lieutenants allowed by law. "SEC. And be it further enacted, That the number of masters and ensigns allowed by law is hereby established at one hundred in each of said grades, and ensigns shall hereafter be steerage officers unless assigned to duty as watch and division officers. Nothing contained in this section shall be construed as vacating the commission of any master or ensign now in the service.

"SEC.. And be it further enacted, That of the officers in this section specified the number allowed by law shall be as follows: surgeons, seventyfire; passed assistant surgeons, fifty; assistant surgeons, twenty-five; paymasters, fifty; passed assistant paymasters and assistant paymasters, tienty-five each. But nothing herein contained shall be construed as vacating the commission of any officer in either of said grades now in the service. "SEC.. And be it further enacted, That the office of solicitor and naral judge advocate general is hereby continued until the 30th day of June, 1869. "That the Senate recede from its amendment to the title of the bill. 66 Managers on the part of the House of Representatives

"F. A. PIKE.

"STEVENSON ARCHER.
"T. E. STEWART.

(6 Managers on the part of the Senate

"C. D. DRAKE.

"JAMES W. NYE.

"F. T. FRELINGHUYSEN."

The same having been read,

Mr. Pike moved the previous question; which was seconded and the main question ordered, and under the operation thereof the said report was agreed to.

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