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

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. 8. Joint resolution proposing an amendment to the Constitution of the United States;

When

The Speaker signed the same.

Mr. Cullom, by unanimous consent, introduced a joint resolution (H. Res. 467) in relation to the struggle now going on in the island of Cuba; which was read a first and second time and "eferred to the Committee on Foreign Affairs.

Mr. Trowbridge 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. Upson called up, and the House proceeded to consider, the report of the Committee of Elections in the Louisiana contested election case,. the question being on the following resolution, viz:

Resolved, That Simon Jones, not having received a majority of the votes cast for representative in this house from the 2d congressional district of Louisiana, is not entitled to a seat therein as such representative.

Pending which,

Mr. Blackburn moved to amend the same by striking out all after the word "Resolved," and inserting in lieu thereof the following, viz:

"That Simon Jones is entitled to a seat on this floor as a member of the 40th Congress from the 2d congressional district of the State of Louisiana, and that he be now sworn in."

Pending which,

On motion of Mr. Axtell,

At 10 o'clock and 5 minutes p. m., the House adjourned.

SATURDAY, FEBRUARY 27, 1869.

The following memorial and petitions were laid upon the Clerk's table, under the rules, and referred as follows:

By Mr. Mercur: Two petitions of citizens of the State of Pennsyl vania, praying for an amendment to the Constitution;

By Mr. William Williams: A petition of a similar import from citizens of the State of Indiana;

By Mr. James M. Ashley: Two petitions of a similar import from citizens of the State of Ohio;

By Mr. Eliot: A petition of similar import from citizens of the State of Massachusetts;

By Mr. James F. Wilson: A petition of similar import from citizens of the State of Iowa;

By Mr. Hill: Three petitions of similar import from citizens of the State of New Jersey;

By Mr. George V. Lawrence: A petition of similar import from citizens of the State of Pennsylvania;

By Mr. William Lawrence: Two petitions of similar import from citizens of the State of Ohio;

By Mr. Moorhead: Two petitions of similar import from citizens of the State of Pennsylvania;

By Mr. Poland: A petition of similar import from citizens of the State of Ohio;

By Mr. Delano: A petition of similar import from citizens of the same State:

By Mr. Beatty: A petition of similar import from citizens of the same State;

By Mr. Kelsey: Two petitions of similar import from citizens of the State of New York;

By Mr. Williams: A petition of similar import from citizens of the State of Indiana;

By Mr. Garfield: A petition of similar import from citizens of the State of Ohio;

to the Committee on the Judiciary.

By Mr. Goss: The petitions of R. C. Poole, L. Gentry, and J. M. Elford, citizens of South Carolina, praying for removal of disabilities, to the Committee on Reconstruction.

By Mr.: The memorial of citizens of the State of Alabama, praying for additional representation in Congress, to the Committee on the Revision of the Laws.

By Mr. Wood: The petition of citizens of New York, praying for the removal of obstructions at "Hell Gate," to the Committee on Appro priations.

By Mr. Ela: The petition of citizens of the State of New Hampshire, relative to the naturalization laws, to the Committee on the Judiciary. The Speaker, by unanimous consent, laid before the House a letter from the Secretary of the Interior transmitting an estimate of the expenses of a delegation of the Eastern Cherokee Indians; which was referred to the Committee on Appropriations.

Mr. Eliot, by unanimous consent, presented resolves of the legislature of the State of Massachusetts in relation to the establishment of American steamship companies; which were referred to the Committee on Commerce and ordered to be printed.

Mr. Boutwell, from the Committee on Reconstruction, reported a bill (H. R. 2008) in addition to an act entitled "An act to relieve from legal and political disabilities certain persons engaged in the late rebellion," approved July 27, 1868; which was read a first and second time. Ordered, That it be engrossed and read a third time.

Being engrossed, it was accordingly read the third time and passed. Ordered, That the Clerk request the concurrence of the Senate therein. The House then resumed the consideration of the following resolution, viz:

Resolved, That Simon Jones, not having received a majority of the votes cast for representative in this house from the second congressional district of Louisiana, is not entitled to a seat therein as such represen tative

the pending question when the House adjourned yesterday being on the following amendment submitted by Mr. Blackburn, viz: Strike out all after the word "Resolved" and insert in lieu thereof, "that Simon Jones is entitled to a seat on this floor as a member of the fortieth Congress from the second congressional district of the State of Louisiana, and that he be sworn in as such.”

After debate,

Mr. Upson moved the previous question; which was seconded and the main question ordered, and under the operation thereof the said amendment was disagreed to and the resolution was agreed to.

Mr. Upson 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.

The House then proceeded to the consideration of the following resolution, heretofore reported from the Committee of Elections, viz:

Resolved, That neither J. Willis Menard nor Caleb S. Hunt are entitled to a seat in this house as a representative from the second congressional district of Louisiana, to fill the vacancy caused by the death of James Mann.

On motion of Mr. Upson, the rules having been suspended for that purpose, leave was granted to each of the said claimants to occupy the floor for fifteen minutes.

After further debate, and pending the question on the said resolution, Mr. Holman, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles, viz:

H. R. 1321. An act granting a pension to Mrs. Susan Carson.
H. R. 1434. An act granting a pension to William M. Simpson.
H. R. 1586. An act granting a pension to Mrs. Naomi Adams.
H. R. 1600. Án act granting a pension to Mary R. Brown.

H. R. 1632. An act granting a pension to Joseph M. Hudson.
H. R. 1903. Au act granting a pension to Charles Mains, of Tennessee.
H. R. 1917. An act granting a pension to Charlotte Webster, widow
of Timothy Webster, deceased.

H. R. 1918. An act to increase the pension of William H. Johnson. H. R. 1919. An act granting back pension to Edmund W.. Wandall, of Wilkesbarre, Pennsylvania.

H. R. 1920. An act granting a pension to Katharine Dreyer, widow of Sylvester Dreyer, deceased, late private of company H, of the 10th regiment Minnesota volunteers.

H. R. 1921. An act granting a pension to Katharine O'Conners, widow of Timothy O'Conners, deceased, late private company C, of 33d regiment Massachusetts volunteers.

H. R. 1922. An act granting a pension to Mary J. Hutton, widow of John C. Hutton, deceased.

H. R. 1923. An act granting a pension to Elizabeth Radigan, widow of John Radigan, deceased, who was a private in company A, of the 49th regiment Pennsylvania volunteers.

H. R. 1924. An act granting a pension to John A. Parker, a soldier in the war of 1861.

H. R. 1925. An act granting a pension to Clarissa K. Grant.

H. R. 1926. An act granting a pension to Ann Smith.

H. R. 1927. An act granting a pension to Harriet M. Mills, widow of Samuel J. Mills, deceased.

H. R. 1929. An act granting a pension to Juliet E. Hall.
H. R. 1931. An act granting a pension to Jacob Higgins.
H. R. 1932. An act granting a pension to John M. Flynn.
H. R. 1933. An act granting a pension to Henry Riemann.
H. R. 1934. An act granting a pension to Mahala M. Freeman.
H. R. 1935. An act granting a pension to Charles H. B. King.
H. R. 1936. An act granting a pension to Mary Ann Shurlock.
H. R. 1937. An act granting a pension to Lucinda Pangle.
H. R. 1938. An act granting a pension to Julia A. Fisher.
H. R. 1939. An act for the relief of John Gestiger.
H. R. 1940. An act granting a pension to Cyrus Hall.
H. R. 1941. An act granting a pension to Betsey S. Jackman.
H. R. 1942. An act granting a pension to Lucinda A. Wilder.

H. R. 1943. An act granting a pension to the widow and minor children of Lieutenant Richard H. Allen.

H. R. 1944. An act granting a pension to Bridget Hayes.

H. R. 1945. An act granting a pension to Sarah A. Scherr.
H. R. 1946. An act granting a pension to Mary A. Amer.

H. R. 1947. An act granting a pension to Catharine S. B. Spear.
H. R. 1948. An act granting a pension to Nancy Reed.

H. R. 1949. An act granting a pension to James H. Maguire.
H. R. 1950. An act granting a pension to Richard Look.
H. R. 1951. An act granting a pension to Martha E. McKinney.
H. R. 1952. An act granting a pension to Matilda Carney.
H. R. 1953. An act granting a pension to John R. Ray.
H. R. 1954. An act granting a pension to Maria Walters.
H. R. 1955. An act increasing the pension to William J. Patten.
H. R. 1956. An act granting a pension to Lorenzo Day.
H. R. 1957. An act granting a pension to Rachel C. Floyd.
H. R. 1958. An act granting a pension to Allen E. Rector.
H. R. 1959. An act granting a pension to Edward W. White.
H. R. 1960. An act granting a pension to Ellen Green.
H. R. 1961. An act granting a pension to Sarah A. Wilcox.
H. R. 1962. An act granting a pension to William McDonald.
H. R. 1963. An act granting a pension to Emily H. Gardner.
H. R. 1971. An act granting a pension to Jacob S. Baker.

H. R. 1599. An act making appropriations for the naval service for the year ending June 30, 1870;

When

The Speaker signed the same.

A message from the Senate, by Mr. Gorham, their Secretary:

Mr. Speaker: The Senate have passed a joint resolution and bills of the House of the following titles, viz:

H. Res. 211. Joint resolution for the relief of Henry S. Gibbons, late postmaster at St. John's, Michigan;

H. R. 1973. An act in reference to certifying checks by national banks; H. R. 1881. An act regulating the reports of national banking associations; and

H. R. 1276. An act for the sale of the Hot Springs reservation in Arkansas;

severally with amendments, in which I am directed to ask the concurrence of the House; and

H. R. 1204. An act to confirm certain private land claims in the State of Missouri, without amendment.

The Senate have also passed a bill and joint resolution of the following titles, viz:

S. 953. An act for the relief of Blanton Duncan; and

S. R. 165. Joint resolution authorizing the Commissioner of Indian Affairs to appoint guardians or trustees for minor Indian children who may be entitled to pensions or bounties under the existing laws; in which I am directed to ask the concurrence of the House.

The House then resumed the consideration of the resolution reported from the Committee of Elections in the Louisiana contested election

case.

Pending which,

Mr. Poland moved to amend the same by striking out all after the word "Resolved," and inserting in lien thereof the following, viz: "That the report and resolutions of the Committee of Elections upon the contested election in the second congressional district in Louisiana be recommitted to said

committee with directions to take testimony in reference to the validity of the election in said district, held on the 3d day of November, 1868, and especially as to any improper or unlawful means used to prevent a free and fair election."

.Pending which,

Mr. Paine moved to amend the said amendment by adding thereto the following, viz: "Provided, That J. Willis Menard, holding the certificate from the governor of the State of Louisiana, that he was duly elected as a representative from the second district of that State, be admitted to a seat in this house pending the consideration of the case."

Pending which,

Mr. Kerr, by unanimous consent, submitted the following amendment, viz:

Strike out all after the word "Resolved" and insert in lieu thereof the following, viz: “That Caleb S. Hunt is entitled to a seat in this house as a representative of the second congressional district of Louisiana, in place of James Mann, deceased."

Pending which,

Mr. Paine moved the previous question; which was seconded and the main question ordered and put, first, Will the House agree to the amendment of Mr. Kerr?

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Not voting.

41 137

44

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. William B. Allison
George W. Anderson
Samuel M. Arnell
Delos R. Ashley
James M. Ashley
Alexander H. Bailey
John D. Baldwin
Nathaniel P. Banks
Fernando C. Bзaman
John Beatty

Jacob Benton
John A. Bingham
W Jasper Blackburn
Austin Blair
Thomas Boles
George S. Boutwell
Nathaniel Boyden
Henry P. H. Bromwell
John M. Broomall
Ralph P. Buckland
Charles W. Buckley
Benjamin F. Butler
Roderick R. Butler
Henry L. Cake
John B. Callis
John C. Churchill

Sidney Clarke

J. W. Clift

Amasa Cobb
John Coburn
Burton C. Cook
Simeon Corley
Thomas Cornell
John Covode
Shelby M. Cullom

Mr. Henry L. Dawes

John T. Deweese
Oliver J. Dickey
Nathan F. Dixon
Oliver H. Dockery
Grenville M. Dodge
Ignatius Donnelly
Ephraim R. Eckley
Benjamin Eggleston
Jacob H. Ela
Thomas D. Eliot
James T. Elliott
John F. Farnsworth
Orange Ferriss
Thomas W. Ferry
William C. Fields
John R. French
James A. Garfield
James H. Goss
Samuel F. Gove
Joseph J. Gravely
Charles M. Hamilton
Abner C. Harding
Thomas Haughey
Isaac R. Hawkins
David Heaton
William Higby
John Hill

Benjamin F. Hopkins
Calvin T. Hulburd
Morton C. Hunter
Ebon C. Ingersoll
Thomas A. Jenckes
Alexander H. Jones

Mr. Norman B. Judd

George W. Julian
William D. Kelley
William H. Kelsey
John H. Ketcham
Bethuel M. Kitchen
William H. Koontz
Israel G. Lash
George V. Lawrence
William Lawrence
William S. Lincoln
John A. Logan
Rufus Mallory
James M. Marvin
Horace Maynard
Dennis McCarthy
Samuel McKee
Ulysses Mercur
George F. Miller
William Moore
James K. Moorhead
Daniel J. Morrell
James Mullins
Leonard Myers
Carman A. Newcomb
Benjamin W. Norris
Charles O'Neill
Halbert E. Paine
Sidney Perham
John A. Peters
Charles W. Pierce
Frederick A. Pike
Tobias A. Plants
Theodore M. Pomeroy

Mr. John V. L. Pruyn

Samuel J. Randall
Lewis W. Ross
Frederick Stone
Stephen Taber

Daniel M. Van Anken
Philadelph Van Trump
Fernando Wood
George W. Woodward
P. M. B. Young.

Mr. Hiram Price

C. H. Prince
Green B. Raum
William H. Robertson
Logan H. Roots

Philetus Sawyer
Robert C. Schenck
Glenni W. Scofield
Lewis Selye
John P. C. Shanks
Samuel Shellabarger
Worthington C. Smith
Rufus P. Spalding
H. H. Starkweather
Aaron F. Stevens
William B. Stokes
John H. Stover
Caleb N. Taylor
Francis Thomas
John Trimble

Row'd E. Trowbridge
Ginery Twichell
Charles Upson
Burt Van Horn

Robert T. Van Horn
Hamilton Ward

Cadwal'r C. Washburn
William B. Washburn
Martin Welker

B. F. Whittemore
Thomas Williams
William Williams
John T. Wilson
William Windom.

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