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Mr. Bingham, by unanimous consent, from the Committee of Claims, to which was referred the bill of the House (R. R. 1323) for the relief of Walter D. Plowden, reported the same without amendment, accompanied by a report in writing thereon; which report was ordered to be printed.

Ordered, That the bill be engrossed and read a third time.

Being engrossed, it was accordingly read the third time and passed. Mr. Bingham 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.

On motion of Mr. Schenck, the rules having been suspended for that purpose,

Ordered, That there be an evening session to-morrow, and as often as necessary, for the consideration and disposal of the internal tax bill.

On motion of Mr. Blaine, the rules having been suspended for that purpose,

Ordered, That such recess shall take place at 4 o'clock p. m., and the evening session at 74 o'clock p. m.

Mr. Benjamin F. Butler, from the Committee on Appropriations, reported a bill (H. R. 1853) making appropriations (in part) for the expenses of the Indian department, and for fulfilling treaty stipulations; which was read a first and second time and committed to the Committee of the Whole House on the state of the Union.

Mr. Garfield moved that the rules be suspended so that it shall be in order to submit, as an amendment to the Indian appropriation bill, the following, viz:

SEC.

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And be it further enacted, That no money appropriated by this act, and no unexpended appropriation hitherto made for expenditures in the Indian department, shall be paid out of the treasury, except on the following conditions, to wit:

First. That from and after the 1st day of April, 1869, the Secretary of War shall exercise the supervisory and appellate powers, and possess the jurisdiction now exercised and possessed by the Secretary of the Interior in relation to all the acts of the Commissioner of Indian Affairs, and shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Auditors and Comptrollers of the Treasury, or either of them.

Second. That the Secretary of War shall be authorized, whenever in his opinion it shall promote the economy and efficiency of the Indian service, to establish convenient departments and districts for the proper administration of the duties now imposed by law on the superintendents of Indian affairs and upon agents and sub-agents, and to substitute for such superintendents and agents officers of the army of the United States, who shall be designated for that purpose, and who shall then become charged with all the duties now imposed by law upon the superintendents and agents thus superseded, and without additional compensation therefor. The Secretary of War shall also detail an officer not below the rank of colonel to fill the office and discharge the duties of Commissioner of Indian Affairs. Officers of the army designated to perform the duties of Commissioner, superintendent, agent, or subagent shall not be required to give the bonds now required of civil appointees, but shall be responsible for any neglect or maladministration according to the Rules and Articles of War.

Third. That all contracts for transportation connected with the Indian service shall hereafter be made in the same manner and at the same time provided for transportation for the use of the army.

Fourth. That the Secretary of War shall be authorized to withhold all special licenses from traders, and, under regulations to be by him prescribed, to provide the times and places at which all traders complying therewith may present themselves for bargain, barter, and exchange with the several Indian tribes, according to the laws of the United States regulating the same. And the question being put,

It was decided in the negative,

JYeas

Nays.
Not voting

91

72

59

Two-thirds not voting in favor thereof.

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

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Mr. Moorhead moved that the consideration of all pending orders in Committee of the Whole be postponed until the tariff bill is disposed of. Pending which,

Mr. Benjamin F. Butler moved that the House proceed to the consideration of the business on the Speaker's table;

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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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The concurrent resolution of the Senate providing for the appointment of a joint committee on the civil service in the several departments for the 41st Congress was then taken up, and under the operation of the previous question concurred in.

Mr. Schenck 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 acquaint the Senate with the concurrence of the House in the said resolution.

On motion by Mr. Benjamin F. Butler, the rules having been suspended for that purpose, the bill of the Senate (S. 693) for the temporary relief of the poor and destitute people in the District of Columbia was taken up and read a first and second time.

Pending the question on its third reading,

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

When

Mr. McKee moved that the bill be laid on the table.

Pending which,

Mr. McKee moved, at 4 o'clock p. m., that the House adjourn; which motion was disagreed to.

The question then recurred on the motion to lay on the table;

And being put,

It was decided in the negative,

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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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So the House refused to lay the bill on the table.
The bill was then ordered to be read a third time.
It was accordingly read the third time and passed.

Mr. David A. Nunn

William H. Robertson
Glenni W. Scofield
Lewis Selye
John P. C. Shanks
John H. Stover
John Taffe
Hamilton Ward
Cadwal'r C. Washburn
William Williams.

Mr. Green B. Raum

Logan H. Roots
Philetus Sawyer
Robert C. Schenck
Worthington C. Smith
Rufus P. Spalding
Aaron F. Stevens
Thomas E. Stewart
William B. Stokes
Frederick Stone
Francis Thomas
Nelson Tift
Row'd E. Trowbridge
Ginery Twichell
Henry Van Aernam
Daniel M. Van Auken
Burt Van Horn
Henry D. Washburn
William B. Washburn
Martin Welker
James F. Wilson
Stephen F. Wilson
William Windom
Fred'k E. Woodbridge
George W. Woodward
P. M. B. Young.

Mr. Lewis W. Ross
Samuel Shellabarger
Charles Sitgreaves
H. H. Starkweather
J. H. Sypher
Stephen Taber
Caleb N. Taylor
John Trimble
Lawrence S. Trimble
Charles Upson
Robert T. Van Horn
Philadelph Van Trump
Charles H. Van Wyck
Michael Vidal
Ellihu B. Washburne
B. F. Whittemore
Thomas Williams
John T. Wilson

Fernando Wood.

Mr. Butler moved that the vote last taken be reconsidered, and also

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