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?

Yeas..

It was decided in the affirmative, Nays..

Not voting.

104

61

57

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

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.

Resolved, 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 43 o'clock p. m. having arrived, the House took a recess until 7 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 H. R. 1060 (internal taxes,) had come to no resolution thereon.

And then,

On motion of Mr. Schenck, at 9 o'clock and 5 minutes p. m., the House adjourned.

WEDNESDAY FEBRUARY 10, 1869.

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

By Mr. Johnson: The petition of Captain William A. Parker, United States navy, praying to be placed on the active list; which was referred to the Committee on Naval Affairs.

By Mr. Taber: The petition of John J. Weeks, praying for an extension of his patent; which was referred to the Committee on Patents. By Mr. Nicholson: The petition of Mary J. Driver, praying for a pension; which was referred to the Committee on Invalid Pensions.

By Mr. Stone: The petition of Azel Warfield, a soldier of the war of 1812, praying for a pension; which was referred to the Committee on Revolutionary Pensions.

By Mr. Delano: Five petitions from citizens of the State of Ohio, praying for an amendment to the Constitution recognizing Almighty God as the source of all authority, and Jesus Christ as the ruler of the world.

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

By Mr. Thomas Williams: A petition of similar import from citizens of the State of Pennsylvania.

By Mr. Moore: A petition of similar import from citizens of the State of New Jersey.

By Mr. Baker: A petition of similar import from citizens of the State of Illinois.

By Mr. Hulburd: A petition of similar import from citizens of the State of New York.

By Mr. Ela: A petition of similar import from citizens of the State of New Hampshire.

By Mr. Harding: A petition of similar import from citizens of the State of Illinois.

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

Ordered, That the said petitions be referred to the Committee on the Judiciary. By Mr. The petition of citizens of the State of New York, relative to the medical corps of the navy; which was referred to the Committee on Naval Affairs.

On motion of Mr. Farnsworth, by unanimous consent, leave was granted to the ladies to occupy the cloak rooms of the House this day. A message from the Senate, by Mr. Hamlin, one of their clerks: Mr. Speaker: The Senate have passed a joint resolution of the House of the following title, viz:

H. Res. 402. Joint resolution proposing an amendment to the Constitution of the United States;

with amendments, in which I am directed to ask the concurrence of the House.

The Speaker, by unanimous consent, laid before the House the following; which were severallyreferred to the Committee on Appropriations, viz:

I. A letter from the Secretary of War, transmitting a report of subsistence stores supplied to the Indians.

II. A letter from the Secretary of the Interior, relating to the applica tion of the Chickasaw nation to be reimbursed expenses of defending their country from hostile Indians.

III. A letter from the Secretary of War, in answer to a resolution of the House of the 23d ultimo, relative to buildings occupied by his department in Washington city, ordered to be printed.

IV. A resolution of the legislature of the State of Kansas, asking an appropriation to pay certain citizens of that State for losses by depredations of the Indians.

Mr. Eggleston, by unanimous consent, introduced a bill (H. R. 1914) for the relief of Abbott Q. Ross; which was read a first and second time and referred to the Committee on Naval Affairs.

Mr. Schenck, as a question of privilege, submitted the following resolution, which was read, considered, and agreed to, viz:

Resolved, That the Clerk inform the Senate that the House is now ready to receive that body for the purpose of proceeding to open and count the votes of the electors of the several States for President and Vice-President of the United States.

Mr. McCarthy called up the motion submitted by him yesterday, to reconsider the vote by which the bill of the House (H.R. 621) to authorize the building of a military and postal railway from Washington, District of Columbia, to the city of New York, was ordered to be engrossed and read a third time.

Mr. Phelps moved that the motion to reconsider be laid on the table, And the question being put,

It was decided in the negative,

Yeas...
Nays...
Not voting.

62 111

49

by one-fifth of the members present,

The yeas and nays being desired
Those who voted in the affirmative are-