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Mr. WASHBURNE, of Illinois, demanded influence in the other end of the Capitol are the way here reported. Instead of having the the yeas and nays.

right; and that the rank which they had when | Cavalry Bureau as now a distinct organization The yeas and nays were ordered.

we had a million men in the field was not in the Army, no more needed, perhaps, than an The question was taken; and it was decided || high enough when we came to provide for a artillery bureau or an infantry burcau, it is in the athrmative-yeas 69, nays 39, not voting smaller army, but that they should now have proposed that one of these inspectors shall be 75; as follows:

additional rank. There is no reason excepting || assigned to duty as an inspector of cavalry. YEAS-Messrs. Allison, Ames, Anderson, Baxter, that; that is just what they had done.

In this way you may be able to detail all Beainan, Benjamin, Bergen, Bingham, Blaine, Bloiv, I thought that possibly, now the war is over, the ellicient ollicers of the present Cavalry Boutwell. Broomall,Chanler, Conkling, Davis, Dawes, Diron, Dodge, Driges, Eldridge, Ferry, Finck, Gar

we might be able to reduce matters a little for Bureau, without the need of maintaining a field, Goodyear, Grider. Aaron Harding, Harris, Ho- a smaller army, below that we had during the distinct bureau. gan, Ilolmes, Edwin N. Hubbell, Ilulburd, James

war with myriads of men in the field. But I Mr. DAVIS. I see that the fourteenth secM. Humphrey, Ingersoll, Jenckes. Kelley, Latham, Loan, Longyear, Marvin, McRuer, Moorhead. Morris,

was so far mistaken in that expectation as to tion provides forMoulton, Myers, Newell, Niblack, Nicholson, O'Neill, find that we can not only not do so much as Four assistant inspectors general, with the rank, Samuel J. Randall, John II. Rice, Rollins, Ross,

that, but that even higlier rank is to be con- pay, and emoluments of lieutenant colonels of CVScofield, Shanklin, Taber, Taylor, Thayer, John L. Thomas Thornton, Trowbridge, Upson, Burt Van

ferred upon these oflicers with the smaller alry, one of winoin shall be specially assigned to duty Horn, Warl. Warner, Elihu B. Washburne, Whaley,

as inspector of cavalry. army. I am determined that this shall be James F. Wilson, Windom, and Woodbridge-69. understood. I am determined that it shall be

I desire to understand the reason for the NAYS- Messrs. Baker. Banks, Bromwell, Buckland, Bundy, Reader W. Clarke, Cobb, Coffroth, Iemknown by the llouse and by the country how

insertion of this last clause. ing, Eggleston, Farnsworth, Farquhar, lale, Abner far any attempt at reform is sustained here by Mr. SCHENCK. That provision was adopted C. Iarding, Hayes, Ilenderson, Higby, Asahe! W. this House.

on consultation with those who ought to kilow Hubbard, James R. IIubbell, Julian, Kelso, Kuykendall, Marston, McClurg, Mercur. Miller, Orth, Paine,

Now, I knew when I began that we should more than the gentleman from New York [Mr. Price, Ritter, Schenck, Shellabarger, Sitgreaves, Spal- have difficulty in touching these bureaus. I DAVIS] or myself in reference to this matter. ding, Stevens, IIenry D. Washburn, William B. Washburn. Welker, and Wentworth-39.

knew perfectly well, as I said yesterday, that This bill proposes to increase greatly the cavNOT VOTING-Messrs. Alley, Ancona, Delos R.

all the tendency of the legislation time out of alry branch of our Army. We are to have Ashley James M. Ashley, Baldwin, Barker. Bidwell, mind had been to build up these bureaus here

double as much cavalry as we have ever had Boyer, Brandegee, Sidney Clarke, Cook, Cullom, Cul

at Washington, and that we should find great | before. During the war, a Cavalry Bureau was ver, Darling, Dawson, Defrees, Dclano, Denison, Donnelly, Dumont, Eckley, Eliot, Glossbrenner, Grinnell, difficulty in getting back to a sounder and more established, and it has been continued up to Griswold, Hart, Hill, llooper, Hotchkiss, Chester D. wholesome and a living con lition of things. the present time. By common consent all Hubbard, Demas Hubbard, John H. Hubbaril, James Humphrey, Johnson, Jones, Kasson, Kerr, Ketcham, I knew that the personal, official, and social

round, it has been considered that, instead of Latlin, Georgo V. Lawrence, William Lawrence, Le

influences which surround this fÍouse would continuing the Cavalry Bureau, the object could Blond, Lynch, Marshall, McCullough, McIndoe, Mc- make it very difficult for any committee of this be effected just as well by authorizing the asKee, Morrill, Noell, Patterson, Perliam, Phelps, Pike, Plants, Pomeroy, Radford, William II. Randall, Ray

House to carry any measure of reform, to signment of one of the assistant inspectors mond. Alexander H. Rice, Rogers, Rousscau, Saw- remove any abuse, to cut off any incumbrance, general to that particular service. yer, Sloan, Smith, Starr, Stilwell,' Strouse, Francis to change anything which existed in the old Mr. DAVIS. Does not that conflict with Thomas, Trimble, Van Aernam, Robert T. Van IIorn, Williams, Stephen F. Wilson, Winfield, and

condition of things, or to prevent a still further another provision of this bill which says that Wright-75. advance in the direction of higher rank, more

transfers shall be made from any arin of the So Mr. THAYER's substitute was agreed to.

officers, and greater pay. But the realization service to any other arm of the service? Mr. THAYER moved to reconsider the vote has gone far beyond my anticipations.

Mr. SCIENCK. It does not in the slightest by which the substitute was adopted; and also

Still I mean to struggle on, and to sustain degree. We provide for the appointment of

what the committee have decided upon whether four inspectors, one of whom may be detailed, moved that the motion to reconsider be laid

I am sustained by the House or not, or even not appointed, as inspector of cavalry. One upon the table. The latter motion was agreed to.

by those of the committee who voted with me oslicer may be detailed at one time; another at

in the committee. I intend to struggle on and another; but it is probable that when one bad Mr. SCHENCK. I propose to add a proviso || do what I can in the way of reform. And I been assigned to that particular duty he would to the section.

shall do so upon the principle I announced a be kept upon that assignment, because of the The SPEAKER. The House is acting under

few moments ago, when speaking upon one of experience which he would have acquired. the previous question, the effect of which is these amendments, that he is a better friend of Nr. DAVIS. I desire to inquire further, that the House passes from the consideration the Army as well as the country who is willing to whether, without any such provision in this bill, of this section to the next.

make wholesome corrections, to remove abuses, the Secretary of War would not have entire Mr. STEVENS. Is there not another vote

and cut off incumbrances than he who prefers | authority at all times to assign any one of these to be taken in reference to this question ?

to accept all that has grown up, independent of || inspectors to that service. The SPEAKER. Not unless a reconsidera

any disposition he may have to pile more on. Nr. SCHENCK. I think it probable he tion be moved of the vote by which the previous I think these remarks necessary as a sort of would. Yet it has been deemed proper by question was seconded. The amendment of preface to the course which I shall pursue as some of the most eminent officers of the Army, the gentleman from Olio [Mr. SCIENCK] can we advance from point to point in considering || whom I could name if it were necessary, that be offered only by unanimous consent. these different bureaus.

there should be in this bill a provision of this. Mr. BLAINE.. I object.

Mr. ELDRIDGE. I should like to ask the sort. Mr. STEVENS. Cannot we have an oppor- || gentleman from Ohio [Mr. SchexCK] a ques

Mr. THAYER. Mr. Speaker, I rise simply tunity of voting down the whole section ? tion in this connection.

to repel the imputation which I consider as The SPEAKER. If it were not for the Mr. SCHENCK. Very well.

being implied in the language of the chairman previous question, a motion might be made Mr. ELDRIDGE. If the gentleman's ob- of the Committee on Military Affairs. I leave to add to the section. As it is, the House has ject is to reduce the officer force of the Army, || the House and the country to judge of the good passed from its consideration.

why has he proposed companies to consist of taste exhibited by that gentleman in the scoldThe fourteenth section of the bill was then || fifty instead of a hundred privates, thus giving ing which he has given this House for daring read, as follows:

donble the proportion of oflicers we have here- to differ with him upon a measure reported Sec. 14. And be it further enacted, That there shall tofore had in the Army?

from his committee and under consideration be four inspectors general of the Army, with the rank, pay, and emolumnents of colonels of cavalry;

Mr. SCHENCK. That has nothing to do | by the House. and for assistant inspectors general, with the rank, with the question under cousideration. But I He has spoken of influences of bureaus and pay, and cmoluments of lieutenant colonels of cay- will say that in every organization of the Ariny, of personal influences. Sir, I discharge my alry, one of whom shall be specially assigned to duty | looking to an expansion in time of necessity, | duty here under a conscientious sense of the ors general, with the rank, pay, and emoluments of it is usual, and it has always been our system | obligation which I owe to the country and to majors of cavalry.

of legislation to have a system of officers by my constituents, and with the best light which Mr. SCHENCK. I desire to explain that which in an emergency the number of privates my intellect enables me to cast upon that consection. I will preface what I have to say, can be increased to the necessity of the occa- scientious discharge of duty. I am not the however, by the remark that I presume that sion.

agent of any bureau or of any Department. I if in any way it differs from what is desired But we are considering now the organization am quite as independent, politically and perby those heads of bureaus at the other end of of the staff departments, the bureaus which | sonally, of every bureau and every Department the avenuc, they will be listened to rather than have their several heads at Washington, and of this Government, in my votes and in my the Committee on Military Affairs. I say this which have their staff officers permeating the action in this House, as is the chairman of the because I wish to have the House and the coun- country, and extending to the different portions Military Committee; and if he shall discharge try know just what the House has been doing. of the Army.

his duty here, in bringing in his bills from this The committee proposed in one of these The section under consideration was framed committee, with the same absence of personal bureaus to retain every officer, and give them with a view to accommodate what was ascer- motive and the same disregard of personal more rank than they ever had before this war. tained to be wanted by the military author- aims with which I discharge inine in the conThe House was dissatisfied with that, and they ities, so far as the committee could understand, sideration of them, he will satisfy, I take leave have insisted upon increasing the rank of three and as they believed. One amendment was to say, the utmost expectations of his constituof the majors out of the thirteen of the Adjutant | made by the committee. Originally the com- ents and of the country. General's department, so as to make two of mittee reported only three inspectors general;

Mr. SCHENCK. When I said that there them colonels and one lieutenant colonel. it was afterward suggested and urged that are social and personal and official influences

And thus they declare that the committee is there ought to be kept up a Cavalry Bureau ; around us here whenever we come to legislate wrong, and that these gentlemen who used their ll and a solution of that difficulty was made in upon these subjects, I meant just what I said.

If not,

Mr. THAYER. The remark gains no weight consent of the House for the adoption of the mitted in time of public war, in violation of the by repetition. following resolution:

usage and laws of war, shall not be punished Mr. SCHENCK. I am subjected to those Resolvell, That on Saturday bills on leave'and reso- in the absence of express authority of congresinfluences; so are others. The difference, if lutions for reference only may be received by unani- sional enactment? If he does not, I hope there be any, is this: when I dine with, or am mous consent on condition they shall not be brought

he will withdraw his amendment. It is time back by a motion to reconsider. visited by, or visit in turn, one of these gentle.

enough to consider such a proposition when men, whom I esteem my friends, I am very

Mr. SPALDING. I object.

the Government in time of peace shall attempt much inclined to do what he wants done, to REORGANIZATION OF TIIE ARJIY-AGAIN. to try anybody by a military commission withkeep him where he is and to help him along, and Mr. DAVIS. I desire, Mr. Speaker, to say

out authority of statute. It has never been I wonld be glad if I could do it. But I have only a word in conclusion. While I represent

done yet, and it is time enough to provide taught myself to believe that I must struggle a constituency on this floor I intend to give my

against any such abuse when it is attempted to against this disposition; and I have succeeded

be done. votes independent of any considerations like

Why undertake to put this in a in doing violence to my own feelings, and have those to which the honorable chairman of the

statute in view of a contingency that may arise not yielded, altogether at any rate, to the committee has alluded. I shall be under the at any hour entirely beyond our control, and personal, social, and moral influences in this influence and control of no man or set of men.

when Congress is not in session ? respect which surround me among the many I shall carry out the convictions of my own

Mr. GARFIELD. I do not wish to take up very agreeable acquaintances that I have among | judgment, regardless of what may be said on

the time except to say a word or two. The only these oflicers in the bureaus. one side or the other.

point in dispute between the gentleman [Mr. I do not know whether anybody is weaker

But, sir, in the discussion of this bill I think BINGHAM] and myself is in reference to "milthan I am or not. If they are, then perhaps we should be guided by the suggestions of pro

itary commissions.''

The other two courts, there may be a difference between us. visions which have been made by men of high

“courts-martial” and “courts of inquiry,'' are then there is none.

military position. I further.

not in question. They are definitely author.

We ought I have not charged anything else on the gentleman from Pennsylvania particularly in any rather to take their opinion than the opinionized by the laws of Congress, and have been

since the organization of this Government. of so distinguished a military gentleman as the way, but I have said and announced to the

But the words • military commissions are not chairman of the Committee on Military Affairs. country I did hope this Congress would, now Mr. SCHENCK. There was no such sugges.

used in the statutes of Congress, except in one, the war is over and when we are going to have

tion made as the gentleman suggests. I profess || I believe, in reference to the punishment of a comparatively small military establishment,

to be no more virtuous than my neighbors, but guerrillas. so much less than we have had during the if it gives satisfaction to my friend I most sol

Mr. BINGHAM. Excuse me; the gentle. war, attempt to bring down, or at least not emnly assure him I had no thought of anything

man is entirely mistaken. The words are used increase, the relative or absolute rank of the he had said or done.

in three or four statutes. I remember one various officers of the Army. In that I am The Clerk read, as follows:

adopted by the last Congress subjecting spies disappointed. may be I ought not to have

Sec. 15. And be it further enacted, That the Bureau

to punishment by death upon conviction before been disappointed, but I am. That is all I can of Military Justiceshall hereafter consist of one judge

a military commission. make of it.

advocate general, with the rank, pay, and emolu- Mr. GARFIELD. It was the same law, I recognize the right of gentlemen to reprements of a brigadier general; and one assistant judge

and related to spies and guerrillas. advocate general, with the rank, pay, and emolusent their own constituency and vote as they ments of a colonel of cavalry; and the said judge

Mr. BINGHAM. Nót that. please. I have been accustomed to vote as I advocate general shall receive, revise, and have re- Mr. GARFIELD. I introduced the bill my. pleased, but always within the bounds of pro

corded the proceedings of all courts-martial, courts self in the last Congress. The gentleman is

of inquiry, and inilitary commissions, and shall perpriety. And I mean on these subjects to say form such other duties as have heretofore been per- mistaken. I know there are military commis. what I please to the country.

formed by the Judge Advocate General of the Army. sioners sometimes appointed to look into conMr. RANDALL, of Pennsylvania. I do And of the judge advocates now in office there shall

tracts and claims. We have commissions apbe retained a number not exceding ten, to be selected not think it is a killing affair even if the gen- by the Secretary of War, who shall perforin their pointed in regard to the administration of affairs tleman has been disappointed by the majority duties under the direction of the Judge Advocate in the Army; but I speak of tribunals for the of the House having acted on their own good General until otherwise provided by law.

trial of persons charged with offenses against sense, his opinion to the contrary notwith- Mr. SCHENCK. I move to strike out the the Government in time of war, but who are standing.

word “shall” and insert “may,” after the not themselves in the Army. Mr. DAVIS. Mr. Speaker, I do not like to word “there;' so that it will read:

Mr. BINGHAM. There were proceedings rest under the imputation cast upon me by my And of the judge advocates now in office there may authorized to try parties by military commission friend from Ohio. I wish to say no drop of be retained a number not exceeding ten, &c.

for fraudulent devices to the injury of the Gov. blood kindred to my own circulates in the veins

The amendment was agreed to.

ernment, and providing for the infliction of penof any officer of the Army to be affected in any Mr. SCHENCK. I also move to add at the alties. way by this bill.

end of the section the words “ or until the Mr. GARFIELD. It makes no difference. I wish to say I am not under any social in- Secretary of War decides that their service || I concede that the words have been used in the fluence. Since I have lived in Washington I may be dispensed with;' so that the clause statute once. *have never, like my honorable friend from will read:

Mr. BINGHAM. Yes, half a dozen times. Ohio, had the privilege of being entertained And of the judge advocates now in office there may

Mr. GARFIELD. Never mind; the quesby distinguished characters at dinner.

be retained a number not exceeding ten, to be se- tion does not turn on the number of times the under no influence of that kind, but I respect | theirdutiesunderthedirection of the Judge Advocate lected by the Secretary of War, who shall perform

expression has been used. What I said was the opinion of men high in the military service. General until otherwise provided by law, or untilthe agreeing with gentlemen in this: that military When I know there was pending a bill which had Secretary of War decides that their service may be commissions apply to the Army in time of war been submitted by Lieutenant General Grant, dispensed with.

and in reference to crimes over which the Army General Meade, General Burnside, and other

The amendment was agreed to.

has control. distinguished generals; and when I thought that Mr. GARFIELD. I move to insert after Now, we are building up a military estabbill bad been concocted under their supervis- the words “military commissions” the words lishment for a time of peace, and I do not ion, I say it is not only entitled to my consid- "authorized by law;'' so that it shall read, believe it best to introduce that expression in eration, but to the consideration of every mem- "military commissions authorized by law." a bill to establish an army on a peace basis, ber of the House. There is no one who sup- Mr. BINGHAM. I hope that will not be and let it be understood that military commisposes these distinguished generals of the Army | adopted, unless the House intends to cast cen- sions are by a sort of inference to be used in know nothing of military affairs, or at least do sure upon the action of the Administration of this Government without express statute. And not know as much as the chairman of the Com- the late lamented President Lincoln. If the if gentlemen desire the expression retained in mittee on Military Affairs of this House. I gentleman means by the term "authorized by the law I want the qualifying words to go with only honor the men whom the country honor, | law," authorized by special statute of the Uni- || it, or else I desire that the words "military and in whom I am sure the country has confi- ted States, it is very well known that all the commissions”' shall be stricken out. I am satisdence.

commissions that were held underthe late Ad. fied, however, with either. ADJOURNMENT OVER.

ministration were never authorized by special Mr. UPSON. I move to amend the amend

I appeal to my colleague [Mr. ment by striking out the word “Jaw" and Mr. SPALDING. The gentleman from New | enactment, York yields to me to make the motion that | GARFIELD] to consider that if the authority | inserting in lieu thereof the laws of war. when the House adjourns to-day it adjourn to

arises by the general usage and law of nation's Mr. HALE. I suggest to the gentleman meet on Monday next.

in time of war, the words are wholly unneces- that he add the words in time of peace." Mr. SMITH. I demand the

sary. Every one knows that there has never Mr. BINGHAM. Oh, no; not at all. and

yeas nays on that motion.

been a military commission convened in the Mr. UPSON. That is a very good suggesMr. SPALDING. Then I withdraw the

United States for the trial of anybody that tion coming from that source. motion.

has not been expressly authorized by statute, Mr. GARFIELD. I do not accept that save in the time of war. That being the case,


why introduce such a provision here? We are Mr. UPSON. Well, I offer my amendment. Mr. STEVENS. I move, by unanimous con- not secure either against rebellion or invasion ; Mr. BINGHAM. If this section had any sent, that to-morrow be devoted to debate on and does the gentleman suppose that by insert- words of limitation in it to the effect suggested the President's message.

ing a word here to place a limitation upon the by my honorable colleague, that it should not There was no objection, and it was so ordered. executive power of the Government in the be operative or binding upon the executive Mr. STEVENS. I now ask the unanimous event of foreign invasion, so that offenses com- department of this Government in time of war

I am


or public invasion or rebellion, I would not is almost impossible for members to hear what
take any exception at all to his motion, but the Speaker says, what is read by the Clerk, or
the gentleman greatly mistakes the scope and what is said by members on the floor.
effect of this legislation if he supposes that it The SPEAKER. The Chair generally speaks
is not to operate in the presence of a public distinctly and loudly enough to be heard by all
enemy as well as in times of peace, and I who give their attention to what he says.
would count myself false to the duty which I Mr. SMITH. I am informed by gentlemen
owe to the people of this country if I could sit on my left that they do not understand the
silently by while an attempt is made here by amendment, and I would ask that it be read
solemn act of legislation to place a fetter upon again.
the arm of the Executive, who is charged by The SPEAKER. The House is now divid-
his oath of office to take care that the laws being.
faithfully executed, and to summon to the de- Mr. SMITH. I suppose it can be reported
fense of the country its whole military power, again by unanimous consent.
either to suppress rebellion or to repel inva- The SPEAKER. If there is no objection,

it will be read again.
I say to my colleague that according to all No objection being made, the amendment
the authorities the suggestion made by the was again read.
gentleman from Michigan (Mr. Upsox] is sus. The question was upon the call of Mr. Gar-
tained, that it is this day the common written FIELD for tellers upon agreeing to his amend-
declared judgment of the civilized world, that
without formal legislation in time of public war The call for tellers was not agreed io.
all violations of the law in aid of the public The amendment was not agreed to, as above
enemy may by the usages and customs of war stated.
be subjected to trial by the tribunals of military Mr. GARFIELD. I now move to amend
justice known as military commissions. the section by striking out the words "and

I trust the suggestion of the gentleman from military commissions."
Michigan (Mr. UPSON) will be adopted by the Mr. FARNSWORTII. I would ask the

gentleman what he proposes to do with the Mr. UPSON. I demand the previous ques- records of military commissions, of which tion on my amendment.

there have been several held. Mr. SCHENCK. Will the gentleman from Mr. GARFIELD. I have no desire to Michigan allow me to say a word?

detain the House upon this subject, but as the Mr. UPSON. I will withdraw the previous i gentleman from Illinois [Mr. FarnswORTH] question for that purpose.

has asked me a question, I desire to say that Mr. SCHENCK. “It is with diffidence that if gentlemen are willing, now that the war is I assume to be a peace-maker even between orer, to retain these military commissions, I these friends of mine. I dare say I shall have think they should say so. Their functions somebody finding treason in what I say. I have ceased, and I am not willing that these suppose that the gentlemen know that military organizations without any authority of law commissions are tribunals known under the shall be continued in time of peace. I do not laws of war in time of war and in an enemy's discuss the propriety of these tribunals in the country, and I suppose they will agree that the past, or the propriety of trying any traitor of records of them had better be kept somewhere. the late war.

We are now legislating for the Why not use, then, instead of the words 6 mili- future, which will, I trust, for the next half tary commissions authorized by the laws of century at least, see us under the dominion of war,'' the words“ military commissions author- law. Therefore I move to strike out the words ized in time of war.'

"and military commissions,'' and upon that I Mr. GARFIELD. I am willing to accept call the previous question. that modification of my amendment.

The previous question was seconded and the Mr. UPSON. I do not think that meets main question was ordered. the case, and I cannot accept that amendment.

Mr. FINCK. · I call for the yeas and nays I demand the previous question on the pend- || upon the amendment. ing amendment.

The yeas and nays were ordered. The previous question was seconded and The question was taken ; and it was decided the main question ordered, the question being in the negative-yeas 34, nays 76, not voting first upon the amendment to the amendment 73; as follows: offered by Mr. Upson.

YEAS - Messrs. Anderson, Baker, Chanler, DonThe question was put; and there were-ayes

nelly, Eldridge, Finck, Garficld, Goodyear, Grider,

Hale, Aaron Harding, Harris, Hogan, Edwin N. Hube 28, nocs 46; no quorum voting.

bell, James R. Hubbell, James M, Humphrey, MarMr. UPSON demanded tellers.

shall, Mercur, Niblack, Nicholson, Samuel J. Randall, Tellers were ordered ; and Messrs. GARFIELD

Ritter, Ross, Rousscan. Shanklin, Smith, Spalding. and Upsox were appointed.

Taber, Taylor, Francis Thomas, Thornton, Warner,

Whaley, and Windom-31. The House divided; and the tellers reported NAYS-Messrs. Allison, Ames, Banks, Baxter, -ayes 42, noes 51.

Beaman, Benjamin, Bingham, Blaine, Boutwell,

Bromwell, Buckland, Bundy, Reader W. Clarke, So the amendment to the amendment was Cobb. Conkling, Davis, Dawes, Delano, Deming, Dixdisagreed to.

on, Driggs. Furnsworth, Farquhar, Ferry, Abner C. The question was taken upon the amendment Harding, Hayes, Henderson, Irighy, Holmes, Asahei of Mr. "GARFIELD, as modified; and upon a

W. Hubbard, Hulburd, Ingersoll, Jenckes, Julian,

Kelley, Kelso, ketcham, Kuykendall, George V. division, there were-ayes 36, noes 57.

Lawrence, Loan, Longyear. Lynch, Marston, MarThe SPEAKER stated the result of the vote,

vin, McClurg, McKee. MeRucr, Miller, Moorhead,

Morris, Myers, Newell, O'Neill, Orth, Paine, Patterand announced that the amendment had been son, Perham, Price, John H. Rice, Rollins, Schenck, disagreed to.

Scofield, Shellabarger, Stevens, Thayer, Trowbridge, Mr. GARFIELD. I call for tellers on the

Upson, Burt Van Horn, Ward, Elihu B. Washburne,

Wolker, Wentworth, Williams, James F. Wilson, question of agreeing to the amendment.

Stephen F. Wilson, and Woodbridge-76. Mr.*FARNSWORTH. I rise to a point of NOT VOTING-Messrs. Alley, Ancona, Delos R. order. The Chair distinctly announced that

Ashley, James M. Ashley, Baldwin, Barker, Bergen,

Bidwell, Blow, Boyer, Brandegee, Broomall, Sidney the amendment had been rejected before the Clarke, Coffroth, Cook, Cullom, Culver, Darling, gentleman from Ohio [Mr. GARFIELD] called Dawson, Defrecs, Denison, Dodge, Dumont, Eckley, for tellers.

Esgleston, Eliot, Glossbrenner, Grinnell, Griswold,

Hart, Hill, Hooper, Hotchkiss, Chester D. Hubbard, The SPEAKER. The attention of the gen- Demas Hubbard, John II. Hubbard, James Humtleman from Ohio was held by a member con- phrey, Johnson, Jones, Kasson, Kerr, Laflin, Latham, versing with him at the time the Chair announced

William Lawrence, Le Blond. McCullough, McIndoo,

Morrill, Moulton, Noell, Phelps, Pike, Plants, Pomethe result of the vote.

roy, Radford, Williain H. Randall, Raymond, AlexMr. FARNSWORTH. That certainly was ander H. Rice, Rogers, Sawyer, Sitgreaves, Sloan, not the fault of the Chair.

Starr, Stilwell, Strouxe, John L. Thomas, Trin

ble, Van Aernam, Robert T. Van Horn, Henry D.
The SPEAKER. The Chair .is of opinion Washburn, William B. Washburn, Winfield, and
that the demand for tellers was made in time Wright-73.
by the gentleman from Ohio.

So the amendment was not agreed to.
Mr. SMITH. I rise to another point of order. Mr. HALE. "I move to amend by striking
There is so much confusion in the Hall that it out in the twelfth line of the fifteenth section

the words " selected by the Secretary of War," and inserting in lieu thereof the words “appointed by the President, by and with the advice and consent of the Senate;' so that the clause wiji read:

And of the judge advocates now in office there shall be ained a number not exceeling ten, to be appointed by the President, by and with the advice and consent of the Senate, whoshall perform their duties under the direction of the Judge Advocate General until otherwise provided by law.

Mr. Speaker, I am told by gentlemen about me that these officers are already appointed, and that this is a mere provision for the retention of a portion of them, leaving the Secretary of War to decide who shall be mustered out. I do not so understand the case. I understand that the judge advocates now in office hold their positions only temporarily, and during the continuance of the volunteer organization. If any of them are to be made a part of the permanent organization of the Army under this bill, I submit that they ought to be subject to precisely the same method of appointment as other officers are that there should not be an opening here for favoritism by a single officer, but that they should be appointed by the Executive, with the concurrence of the Senate, in precisely the same manner as other officers are.

Mr. BINGHAM, Mr. Speaker, as I understand, the matter stands thus: these officers have been appointed in the manner suggested by the gentleman from New York, [Mr. HALE;] and the effect of this bill is simply to allow the retention of a portion of them, not exceeding ten, to be dismissed from the service just as soon as the public interest may warrant it.

Mr. HALE. If the gentleman will permit me, I desire to ask him this question: are these officers now appointed in the service? If this bill should not pass will they remain a part of the force of the Army? It seems to me they will not.

Mr. BINGHAM. As I understand, they may, unless they are mustered out. They are liable to be mustered out of the service like other officers in the service. But they are now in the Army, not by the terms of their commissions for a limited and specific time. They are liable to be mustered out whenever their further services are not required.

I desire to say in this connection that, according to my recollection, there are now about eighteen of these officers employed in the service. The effect of this bill will be to take eight of them out of the service at once, leaving the Secretary of War to select from the whole eighteen and retain a number not exceeding ten, if the public exigency should require that number. If, in his judgment, the public exigency does not require any of them, he will, under the provisions of this bill, muster them all out. If five are sufficient, he will retain but five. Under the amendment suggested by my colleague, the chairman of the Committee on Military Affairs, the Secretary of War is required to muster all these officers out so soon as their services can be dispensed with.

Mr. HALE. Let me ask the gentleman one other question: whether these officers are not now in the service precisely as additional pay: masters, and assistant adjutants general, and assistant quartermasters of volunteers are now in the service, and whether, in order to be retained in the service, they do not require reappointment just as much as the officers I have named require reappointment.

Mr. BINGHAM. I do not so understand the scope of this bill or the effect of existing laws. I yield the floor to my colleague, [Mr. SCHENCK,] who can explain this matter more fully.

Mr. SCHENCK. When this bill was first framed it embraced a provision for a judge advocate general and an assistant judge advocate general only. It was, however, ascertained that the business of the Judge Advocate General's oflice has in fact increased during the last year, notwithstanding the termination of hostilities, in consequence of the vast mass of records to be examined and filed and reports to be made; so that it was necessary to have more CHIESAPEAKE BAY AND LAKE ONTARIO. Pennsylvania, [.Mr. Thayer,] as is produced assistance. The effect of the section, as it Mr. MILLER, by unanimous consent, from in the department of the Adjutant General. originally stood, would probably have been to the Committee on Roads and Canals, reported

We have, for instance, under the provisions legislate out of office all these judge advocates back House bill No. 92, to ascertain the practi

of this bill, forty-four quartermasters with the with the rank of major, because it limited the

cability of having steamboat navigation from rank, pay, and emoluments of captains of carJudge Advocate General's department to the Chesapeake bay, at the mouth of the Susque- alry. There are in the existing Quartermaster Judge Advocate General and his assistant.

hanna river, to Lake Ontario, in the State of General's department, I think, forty-four assistWith a view to obtaining information on this New York; which was ordered to be printed, ant quartermasters, with the rank, pay, and subject a correspondence was opened by the and recommitted.

emoluments of captain. There is no such committee with Judge Advocate General Holt, Mr. SMITII moved that the House do now grade established by this bill. Therefore the to ascertain how many of the twenty-one judge | adjourn.

legal effect, as I subinit to the gentleman from advocates who had been appointed remained The motion was disagreed to.

Ohio, [Mr. SCHENCK,] of passing this section in office, and how many of them it would be

and making it a law, would be to legislate out

GRANT OF LANDS TO WEST VIRGINIA. desirable to retain. He explained to us that

of oflice every person in the Quartermaster he must for some time to come have at least

Mr. MILLER, by unanimous consent, from

General's department of the, rank of captain as many as the six now employed in the office, the Committee on Roads and Canals, reported

who now holds a commission as assistant quarand that it would also be convenient and proper back House bill No. 141, granting lands to the

termaster with that rank. My great object is to retain four or five or six, to be detailed to State of West Virginia to aid in the construct- to do exact justice to the officers in that departattend to the trials that might be ordered. We ion of certain railroads, with the recommen- ment as to those in every other department. fixed the number at the lowest limit consist

dation that it do not pass, and moved that it be And I will say that the same effect will be ently with what seemed to be expected and laid upon the table.

produced upon three colonels and four lieutendesired by that department-a little lower,

The motion was agreed to.

ant colonels who are now commissioned as indeed-and provided that ten might be re


assistant quartermasters general and deputy tained.

Mr. HARDING, of Illinois, by unanimous quartermasters general. The commission runs There are eighteen of these officers now in consent, from the Committee on the Militia,

by the nomenclature established by the existing office. There have been twenty-one. These reported back House bill No. 102, to educate the

law. The rank of deputies and assistants is eighteen are in office under a provision of the

militia, with amendments; which were ordered entirely incident to their commission. They are act of July 17, 1862, which I will read, and by to be printed and with the bill recommitted.

not commissioned as captains, majors, or colwhich the gentleman from New York (Mr. Mr. SPALDING moved that the llouse do

onels, but as assistant quartermasters general, HALE) will discover that he is mistaken. That now adjourn.

with the rank, pay, and emoluments of lieuten act provides in the sixth section that

Mr. STEVENS. I hope not, as we ought | ant colonels, majors, or captains, as the case may " There may be appointed by the President, by and to work another hour.

be. Therefore whenever the office is abolished with the advice and consent of the Senate, for each Mr. SCHENCK. I hope we will not adjourn

which now exists by name in the present law, army in the field, a judge advocate, with the rank,

the abolition of that office removes at once the pay, and emoluments, each, of a major of cavalry,

until we get through with the pending section who shall perform the duties of judge advocate for of the Ariny bill.

party holding this particular commission and the army to which they respectively, belong: under The House divided; and there were-ayes

he is retired from the regular Army; he is legis. the direction of the Judge Advocate General." 35, noes 61.

lated out of the Army and holds no commission Under that act these officers have been Mr. SMITH demanded tellers.

in it. appointed, have been confirmed by the Senate, Tellers were not ordered.

Now, I have no disposition to take up the have by some construction been retained, and So the House refused to adjourn.

time of the House, but I think that the proare now in oflice. They are borne upon the

visions of the Senate bill in that particular do

LEAVE OF ABSENCE GRANTED. Army Register like other officers. We want to

full justice to all parties, and I know not what get rid of a portion of them at least.

On motion of Mr. DAVIS, leave of absence reason the honorable chairman of the commitMr. HALE. Let me ask another question, was granted to his colleague, Mr. Vax AER

tee can assign against the adoption of that and that is, whether the term “ army in the

NAM, for ten days, and to himself for one week proposition. field" has not a definite meaning? Have we froin to-day.

It is true that in another part of the section, any armies in the field to-day in the sense in REORGANIZATION OF TIIE ARMY-AGAIN. at the close of it, there is this provision : which the term is used in that act? We had

Mr. DAVIS, of New York. I move to strike

The Secretary of War may assign at any time from the army of the James; the army of the Ten

among the officers of the quartermaster's department out section sixteen and in lieu thereof to insert

an oflicer to serve as chief quartermaster of a geonessee, the army of the Potomac, and so on. the following:

graphical military division, or of a separate army in Mr. SCHENCK. I was always inclined to

the field, consisting of not less than ten thousand

And be it further enacted, That the Quartermaster disagree with the construction, but by the con

men, who shall bave, while so assigned and acting, General's department of the Army shall hereafter

the rank, pay, and emoluments of a brigadier genstruction put upon it even by the law author- consist of one quartermaster general, with the rank,

cral; but not inore than two officers shall hold such ities at the War Department these persons pay, and emoluments of a brigadier general; six

assigned rank at any one time, and any such officer assistant quartermaster generals, with the rank, pay, remain in office, having been appointed and and emoluments ofcolonelsofcavalry; twelvedeputy

relieved from the assigned duty shall return to his

lineal rank in the department. confirmed, although the army may have been quartermastergenerals, with the rank, pay, and emoldisbanded. They are now actually in office,

uments of lieutenant colonels of cavalry: twenty Mr. BLAINE. That part is not properly in

quartermasters, with the rank, pay, and enoluments eighteen of them enjoying the emoluments, of majors of cavalry; and forty-eight assistant quar

the bill. It is to be stricken out. drawing salary, and most of them, I believe, at termasters, with the rank, pay, and emoluments of Mr. DAVIS. If that provision is intended work. I think, after the fullest correspondence

captains of cavalry, and the vacancies hereby created to be stricken out, I have of course no remarks

in the grade of assistant quartermaster shall be filled with and explanation from the Judge Advocate hy selection from among the persons who have ren

to make upon it. But I submit that the amendGeneral, ten may be dispensed with. I think dered meritorious service as assistant quartermasters ment which I have submitted accomplishes all the gentleman will find his object entirely of volunteers during two years of the war.

and no more than should be accomplished by secured by leaving the selection from those

The substitute which I have offered is one the bill in reference to the Quartermaster Gennow in office.

which was prepared under the supervision of eral's department. Mr. HALE. I withdraw my amendment. two distinguished generals whose names have Mr. BLAINE. Let me ask the gentleman The Clerk read the next section, as follows:

been mentioned heretofore. And I understand from New York [Mr. Davis] whether it would

that a bill containing this very provision was Sec. 16. And be it further enacted, That the quar

not satisfy him, inasmuch as this change was submitted to the gentleman who reported this termaster's department of the Army shall hereafter

made at the request of the Quartermaster Genconsist of one quartermaster general, with the rank,

bill, and that the original is now in this city eral, if a proviso were added to the section, pay, and cmoluments of a brigadier general; six with the interlineations. But wliether it is so that it shall not work to the vacation of any quartermasters, with the rank, pay, and emoluments of colonels of cavalry; ten quartermasters, with the

or not, I think there are many reasons why the commissions; would not that be entirely satrank, pay, and emoluments of lieutenant colonels of sixteenth section, at least, as reported by the isfactory? cavalry; fifteen quartermasters, with the rank, pay, committee, should be amended.

Mr. DAVIS. I have no objection to any and einoluments of majors of cavalry; forty-four quartermasters, with the rank, pay, and cmoluments

I understand that the chairman of the com- reasonable provision that will accomplish that of captains of cavalry; and at least two thirds of all mittee consented to an amendment to the thir

end. original vacancies in each of the grades of lieutenant teenth section in relation to the Adjutant Gen- Mr. BLAINE. The committee had no such colonel and major, and all original vacancies in the grade of captain shall be filled by selection from

eral's department; and I asked him if he had purpose as the gentleman seems to suppose. among those persons who have rendered meritorious

any amendment to propose to this section; They reported precisely what was recomservice as assistant quartermasters of volunteers in because I inferred, from the course taken in mended by the Quartermaster General. the Army of the United States in the late war. But after the first appointinents inade under the provis

regard to the other and the amendment which Mr. DAVIS. I know that there are a numions of this section, as vacancies may occur in the

he offered thereto, that at least the same jus- ber of gentlemen in the Quartermaster Gengrades of major and captain in this department, no

tice would be done to gentlemen in the quar- eral's department who do not concur in the appointments to fill the same shall be made until the number of majors shall be reduced to twclve and

termaster's department that he had conceded wisdom of the changes recommended by the the numbers of captains to thirty, and thereafter the

to those in the Adjutant General's department. Quartermaster General. number of officers in each of said grades shall con- It will be observed by the provisions of this Mr. BLAINE. There is another point which tinue to conforın to said rcduced numbers.

section that the nomenclature of all the assist- has been made by some gentlemen, in the Mr. SCHEXCK. I have been under a ant quartermasters in the department of a cer- course of this debate, although perhaps not promise to the gentleman from Pennsylvania, tain rank is entirely changed, so that the same by the gentleman from New York, to which on my left, for a day or two to give him the effect will be produced precisely in that depart- || I desire to refer for a moment. It is that these floor to have some bills printed.

ment, as was shown by the gentleman from officers would have commissions of a more


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recent date than those which were vacated, my colleague, so that we may see what it on the motions to reconsider at this time, pendand that hence the measure would work an amounts to.

ing the consideration of the Army bill. The injury to them. Now, that cannot be so because Mr. TIIAYER. I hope that will be done. motions will be entered upon the Journal. their rank is entirely relative.

The amendment was again read.

REORGANIZATION OF THE ARJY--AGAIN. It is no matter when their commissions are Mr. SCHENCK. That is in neither the dated, so that they hold the same relative posi- || Honse bill nor in the Senate bill.

The House resumed the consideration of the tion as respects the men who come in rivalry Mr. DAVIS. I did not say it was.

bill for the reorganization of the Army. with them for promotion. If all the commis- Mr. FARNSWORTH. I would ask the

The pending question was upon the substisions are dated similarly there is no harm done gentleman from Pennsylvania [Mr. THAYER] tute proposed by Jir. Davis for the sixteenth to anybody. or the gentleman from New York [Mr. Davis)

section in relation to the quartermaster's Mr. THAYER. I will yield the floor for a to point out the necessity for increasing the

department. moment to the gentleman from Connecticut, number of quartermasters over and above the

Mr. THAYER. I appeal to the gentleman (Mr. DemIxG,) who has a request to make of number provided in the House bill. The from New York [Mr. DAVIS) to withdraw his the House. amendment of the gentleman from New York

proposed substitute and accept in lieu thereof CHANGE OF REFERENCE. [Mr. Davis) proposes a larger number.

the corresponding section of the Senate bill, Mr. DEMING. Mr. Speaker, a very im

Mr. THAYER. I am opposed to the sub

leaving out the three new officers created by that

section. It will then read as follows: portant memorial has been presented to the stitute proposed by the gentleman from New York, (Mr. Davis.] I desire to preserve the

That the quartermaster's department of the Army Military Committee, being the application of

shall herenfter consist of one quartermaster general, J. B. Sperry, president of the Union Pacific organization of this department in the form in

with the rank, pay, and emolunents of a brigadier Railroad Company, for a reduction of the miliwhich it now exists, which I understand can general; four assistant quartermasters general, with

the rank, pay, and emoluments of coloncis of cars tary reservation at Fort Riley. There has also be accomplished by striking out that portion

alry; cight deputy quarterinasters general, with the been referred to that committee a petition

of the Senate provision which provides for a rank, pay, and emoluments of lieutenant colonels of from citizens of western Kansas, asking an new grade, three assistant chief quartermasters cavalry; sixteen quartermasters, with the rank, pay,

and emoluments of majors of cavalry; and foriy-eight appropriation for the bridging of the Repub- || general, lican river, or for the sale of certain lands to aid


assistant quartermasters, with the rank, pay, and

Will the gentleman emoluments of captains of cavalry, and the vacancies in that purpose. I find, on examination, that from Pennsylvania [Mr. THAYER) allow me to hereby created in the grade of assistant quarterīnaster

shall be filled by selection from among the persons these petitions involve nearly all the legis- suggest an amendment which I desire to have

who have rendered meritorious service as assistant lation that has been passed in reference to offered?

quartermasters of volunteers during two years of the the Pacific railroad companies, and much of the

The SPEAKER. There is an amendment

Mr. DAVIS. I will accept that. legislation that is applicable to the public | pending to the section, and a substitute for the lands. I ask, therefore, that the Committee section pending.

Mr. THAYER. If the House will adopt on Military Affairs discharged from the fur- Mr. ROUSSEAU. I desire to read it for this amendment it will preserve the existing ther consideration of these memorials, and that the information of the gentleman, if he will

organization of the department. It not only they be referred to the Committee on Public || allow me to do so.

refrains from the injustice which was contemLands.

Mr. THAYER. I will hear the amendment plated, or rather I should say the injustice that There being no objection, the motion was read.

would have been done, by the original section entertained and agreed to.

Mr. ROUSSEAU. I propose to have this sec- of the IIouse bill, before the proviso was offered REORGANIZATION OF TIIE ARMY-AGAIN.

tion amended by striking out the word “ briga- by the gentleman from Ohio, [Mr. SCHECK,] dier” and inserting the word “major" before

and which would have turned out of the Army Mr. THAYER. I now yield for a moment the word “general.' Also to insert after the forty-eight assistant quartermasters, tour as. to the gentleman from New York, [Mr. Davis.]

word “general" the words "three quarter- sistant quartermasters general, and three depMr. DAVIS. The gentleman from Maine

masters general, with the rank, pay, and emolu- uty assistant quartermasters general, but it pre[Mr. BLAINE] says that this change of nomenments of brigadier generals;' also strike out

serves the organization as it now is. And it clature will not in any way affect the rank or the word " six" and insert the word “four"

renders all this verbiage unnecessary-I trust position of any of these officers. I hold that

in the same line. The section would then read the gentleman will not consider me as meaning in regard to priority of commission it does proas follows:

any disrespect--which was reported by the comduce a change. If you commission a man under this law to a new office, I do not suppose you

That the quartermaster's department of the Army

mittee, simply for the accomplishment of his shall hereafter consist of one quartermaster general, purpose of getting rid of titles which have been are going to provide that he shall hold the com- with the rank, pay, and emoluments of a major gen

in the quartermaster's department ever since . mission whieh he did at a prior time when he

cral; threo quartermasters general, with the rank,

pay, and emoluments of brigadier generals; four the reorganization of that department in 1838. was commissioned under another law.

quartermasters, with the rank, pay, and emoluments Now, I see no objection to those titles. They Mr. BLAINE. He holds the same rank in of colonels of cavalry, ten quartermasters, with the have worked no inconvenience, and the Quarthe department.

rank, pay. and emoluments of lieutenant colonels of
cavalry; fifteen quartermasters, with the rank, pay,

termaster General himself does not pretend Mr. DAVIS. Every man who has served and emoluments of majors of cavalry; forty-four that they have ever worked any inconvenience. faithfully in the Army of the United States quartermasters, with tho rank, pay, and emoluments

They have been preserved throughout the opunder commission of an oflicer is entitled by

of captains of cavalry; and at least two thirds of all
original vacancies in each of the grades of lieutenant

erations of two wars, and in times of peace, a certain term of service to a certain increase

colonel and major, and all original vacancies in the and no inconvenience or injury has arisen from of ration. This is known as the “longevity" grade of captain shall be filled by selection from them. ration. Now, I undertake to say that these

among those persons who have rendered meritorious
service as assistant quartermasters of volunteers in

I am opposed to the section of the House men, if you appoint them to new offices, unless the Army of the United States in the late war. But bill even with the proviso of the gentleman' you make special provision that they shall after the first appointments made under the provis- from Ohio; because I think it is entirely unbe entitled to such longevity ration, will be

ions of this section, as vacancies may occur in the
grades of major and captain in this department, no

necessary, because no benefit can be gained by deprived of that benefit.

appointments to fill the same shall be made until the it, and because it is a dangerous innovation Mr. BLAINE. The “longevity?' ration only number of majors shall be reduced to twelve and the

upon the present and established organization applies to the infantry branch of the service.

number of captains to thirty, and thereafter the num-
ber of ofiicers in each of said grades shall continue

of the Army. I do not know precisely what Mr. SCHENCK. With a view of removing to conform to said reduced numbers.

the effect of it would be; but it would go furthe objection to this section, or rather this

Mr. THAYER. I prefer some other amend

ther, perhaps, than the gentleman from Ohio. phase of the objection, I move to add to the ment.

himself intends. section the following proviso:

Mr. SMITH. Will the gentleman from Penn

Mr. SCHENCK. If I may venture to differ Bat nothing in this section shall be construed so as to affect the commission of any officer now comsylvania [Mr. TWAYER] yield to me for a mo

with these gentlemen who are giving us this missioned, either as acting quartermaster general, or ment?

information, I will say that the gentleman from a deputy quartermaster general, or as assistant quar- Mr. THAYER. I will.

Pennsylvania is utterly mistaken. IIe says termaster general, but only to change the title to

that this amendment proposes to keep the quarterinaster in the case of those who rank as col

UNIFORM MILITIA SYSTEM, ETC. önels, lieutenant colonels, majors, and captaing, with

quartermaster's department just where it is. out affecting in any way their relative positions, or

Mr. SMITH. I desire to have entered upon This is not the case. The Quartermaster Genthe time froin which they take such rank.

the Journal a motion to reconsider the vote, eral wanted the number of officers increased Mr. THAYER. As I understand the amend- by which the House yesterday recommitted to from sixty-five to one hundred or more. The ment of the gentleman from New York [Mr. the Committee on the Militia House bill No. Senate agreed to make the number eighty. Daris] it leaves the organization of the Quar- 501, to provide for the national defense by We have agreed to make it seventy-six. Thie termaster General's department precisely as it establishing a uniform militia system and organ. || gentleman says that his proposition corresponds is now. I would ask the gentleman from New | izing an active militia force throughout the with the existing law. I do not know where York if that is not the effect of his amendment. United States.

the gentleman gets this impression. The Army Mr. DAVIS. I really am unable to say. I also desire to have entered a similar motion | Register of this year, relating to those now in

Mr. BLAINE. Not by a very great deal. in regard to House bill 102, in regard to edu- office, tells us that while this substitute proThe House bill, as amended, proposes to have || cating the militia, which with amendments was vides for four colonels, there are now but three colonels in the department, and his recommitted to that committee to-day, on the three; that while this substitute provides for amendment six. The House bill proposes to motion of the gentleman from Illinois, [Mr. eight lieutenant colonels, there are now but have four lieutenant colonels, and he proposes | HARDING.]

four ; that while this substitute provides for to have twelve.

Mr. WASHBURNE, of Illinois. I move to sixteen majors, there are now but eleven ; that Mr. HALE. I call for the reading of the lay those motions to reconsider on the table. while this substitute provides for forty-eight first two clauses of the substitute proposed by Mr. SPEAKER. No action can be taken Il captains, there are now but forty-six; and that.

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