appointed on this question, and no quorum had voted. The gentleman from Pennsylvania [Mr. MOORHEAD] and the gentleman from Illinois [Mr. WASHBURNE] will resume their places.

The committee again divided; and the tellers reported-ayes 66, noes 42.

So the bill was laid aside.

PAY OF MEMBERS OF CONGRESS, ETC.

The CHAIRMAN. The next bill on the Calendar is the bill (H. R. No. 87) to repeal part of an act therein named.

Mr. MOORHEAD. I move that that bill be laid aside.

Mr. STEVENS, of Pennsylvania. Would it not be in order to move to lay aside all the bills till we come to the tariff bill?

The CHAIRMAN. That could be done by unanimous consent.

Several members objected.

Mr. PAINE. I call for the reading of the bill.

Tellers were not ordered.

So the bill was laid aside.

REDUCTION OF THE CURRENCY.

The next bill upon the Calendar was House bill No. 89, relative to the reduction of the currency.

Mr. MOORHEAD. I move that bill be laid aside.

Mr. ROSS. I want that bill read and acted on. The bill was read. It provides that so much of any existing act of Congress as authorizes the Secretary of the Treasury to retire from circulation any part of the United States notes in circulation, or now in the Treasury, shall be repealed; and it shall be the duty of the Secretary of the Treasury to pay out in pursuance of law all such United States notes as may be in or may come into the Treasury, retaining in the Treasury only such amounts as the public interests may require.

Mr. ROSS. I hope, sir, that will be put on its passage.

Mr. MOORHEAD. I insist on my motion that it be laid aside.

The committee divided; and there were ayes 64, noes 27; no quorum voting.

The CHAIRMAN ordered tellers; and appointed Mr. POMEROY and Mr. Cook.

The committee again divided; and the tellers reported-ayes 65, noes 41.

So the bill was laid aside.

TREATY-MAKING POWER.

The next business upon the Calendar was the following resolution submitted by Mr. SPALDING:

Resolved, That it being declared by the second section of the second article of the Constitution that the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur, the House of Representatives do not claim any agency in making treaties, but that when a treaty stipulates regulations on any of the subjects submitted by the Constitution to the power of Congress it must depend for its execution as to such stipulations on a law or laws to be passed by Congress according to its sound discretion.

Mr. CULLOM. I hope that will be put on its passage.

Mr. SPALDING. There will be no discussion on it.

Mr. STEVENS, of Pennsylvania. I move it be laid aside.

Mr. SPALDING. I move that the resolution be reported to the House without amend

ment.

The CHAIRMAN. The motion to postpone is not amendable.

The committee divided; and there wereayes 58, noes 27; no quorum voting.

The CHAIRMAN ordered tellers; and appointed Mr. BUTLER of Massachusetts, and Mr. MAYNARD.

The committee again divided; and the tellers reported-ayes 61, noes 16; no quorum voting. Under the rules the roll was called, and the following members failed to answer to their

names:

Messrs Adams, Allison, Anderson. Archer, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Barnes, Barnum, Beaman, Bingham, Blaine, Boles, Boyer, Bromwell, Brooks, Broomall, Buckland, Burr, Roderick R. Butler, Chanler, Reader W. Clarke, Cornell, Delano, Dodge, Donnelly, Eckley, Eggleston, Eldridge, Ferry, Fields, Finney, Fox, French, Getz, Gravely, Haight, Halsey, Harding, Hill, Hooper, Hotchkiss, Asahel W. Hubbard, Richard D. Hubbard, Humphrey, Ingersoll, Johnson, Kelley, Kerr, Ketcham, Knott, Laflin, Lincoln, Mallory, McCullough, Mercur, Morrissey, Newcomb, Niblack, Nunn, Orth, Phelps, Polsley, Pruyn, Randall, Robertson, Robinson, Ross, Shellabarger, Smith, Starkweather,

Aaron F. Stevens, Stewart, Thomas, John Trimble,

Lawrence S. Trimble, Van Aernam, Van Auken, Van Tramp, Van Wyek, Ward. Cadwalader C. Washburn, Stephen F. Wilson, Wood, and Woodward.

The committee rose; and the Speaker having resumed the chair, Mr. DAWES reported that the Committee of the Whole had, according to order, had the Union generally under consideration, and particularly a resolution relative to the treaty-making power, and finding itself without a quorum had caused the roll to be called, and had directed him to report the names of the absentees to the House.

A quorum having appeared the committee resumed its session.

The committee again divided; and the tellers reported—ayes 64, noes 40.

So the resolution was laid aside.

TAXATION OF UNITED STATES NOTES.

The next business on the Speaker's table was House bill No. 323, to authorize the taxation of United States notes and national bank notes by or under State authority.

Mr. MOORHEAD. I move that be laid aside. Mr. WILSON, of Iowa. I make the point of order that a special order cannot be laid aside. The CHAIRMAN. This does not appear to be a special order.

Mr. BUTLER, of Massachusetts. I should like to inquire whether, if the House refuses to lay this bill aside, it will come up for consideration at the present time?

The CHAIRMAN. It will.

Mr. BUTLER, of Massachusetts. I hope, then, we will go to the consideration of the taxation of United States bonds.

Mr. BUTLER, of Massachusetts. for the reading of the bill.

I call

The CHAIRMAN. It is too late; the committee is dividing.

The committee divided; and the tellers reported-ayes 67, noes 32.

The CHAIRMAN. The Chair votes in the affirmative; and the ayes have it. So the bill was postponed.

CURRENCY AND NATIONAL Debt.

The next business on the Calendar was a bill (H. R. No. 542) to establish a uniform currency, provide for the management and liquidation of the national debt, and for other purposes.

Mr. ALLISON. I call for the reading of the bill.

The bill was read at length.

Mr. MOORHEAD. I move to lay aside this bill.

Mr. BUTLER. I desire to ask whether it will be competent for the committee, if this bill is taken up, to amend it by substituting a bill. for the taxation of United States bonds, and funding the United States debt?

Mr. MOORHEAD. I do not yield for that. It is in the nature of debate.

A

Mr. PIKE. I rise to a point of order. motion to amend has precedence of a motion to postpone indefinitely.

The CHAIRMAN. The motion of the gentleman from Pennsylvania has precedence of the motion to amend.

Mr. PIKE. Is that not a motion to postpone indefinitely?

The CHAIRMAN. It is to lay aside. Mr. PIKE. Is not that equivalent to a motion to postpone indefinitely?

The CHAIRMAN. It is not.

The question being put on the motion to lay aside the bill, there were-ayes 58, noes 25; no quorum voting.

Tellers were ordered; and Messrs. INGERSOLL, and WASHBURN of Massachusetts, were appointed.

The committee divided; and the tellers reported-ayes 67, noes 23; no quorum voting. The roll was then called; and the following members failed to answer to their names:

Messrs. Adams, Archer, Axtell, Banks, Barnes, Barnum, Beaman, Beck, Benton, Bingham, Blaine, Boyer, Brooks, Broomall, Buckland, Burr, Benjamin F. Butler, Roderick R. Butler, Cake, Chanler, Reader W. Clarke, Cornell, Delano, Dodge, Donnelley, Eggleston, Eldridge, Farnsworth, Ferry, Fields, Finney, Fox, Getz, Golladay, Gravely, Grover, Haight, Halsey, Harding, Hawkins, Hotchkiss, Asahel W. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Ingersoll, Johnson, Thomas L. Jones, Kelley, Kerr, Ketcham, Knott, Laflin, Lincoln, Logan, Marshall, McCullough, Morrissey, Mullins, Newcomb, Niblack, Nunn, Phelps, Pike, Polsley, Pruyn, Randall, Robertson, Robinson, Ross, Selye, Shellabarger, Aaron F. Stevens, Thaddeus Stevens, John Trimble, Lawrence S. Trimble, Van Aernam, Van Auken, Van Trump, Van Wyck, Ward, Stephen F. Wilson, Wood, and Woodward.

The committee then rose; and Mr. POMEROY having taken the chair as Speaker pro tempore, Mr. DAWES reported that the Committee of the Whole on the state of the Union, having had under consideration a bill (H. R. No. 542) to establish a uniform currency, provide for the management and liquidation of the national debt, and for other purposes, and having found itself without a quorum, had directed the roll to be called and the names of the absentees to be reported to the House.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. GORHAM, its Secretary, informed the House that the Senate insisted upon its amendments to the bill (H. R. No. 818) making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1869, and for other purposes, disagreed to the amendments of the House to other amendments of the Senate to the said bill, agreed to the conference asked for by the House on the disagreeing votes of the two Houses thereon, and appointed Messrs. MORRILL of Maine, HARLAN, and COLE, conferees on the part of the Senate.

The message further announced that the Senate had passed a bill (H. R. No. 554) making a grant of land to the State of Minnesota to aid in the improvement of the navigation of the Mississippi river, with an amendment, in which the concurrence of the House was requested.

The message further announced that the Senate had passed a bill and joint resolution of the following titles; in which the concurrence of the House was requested :

An act (S. No. 579) to establish a new land district in the State of Nebraska; and

Joint resolution (S. No. 151) to drop from the rolls of the Army certain officers absent without authority from their commands.

ENROLLED BILL SIGNED.

Mr. HOLMAN, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled a bill (H. R. No. 1156) to authorize the Commissioner of the General Land Office to issue a patent to F. N. Blake for one hundred and sixty acres of land in Kansas.

CURRENCY AND NATIONAL DEBT.

A quorum having appeared, the Committee of the Whole resumed its session. The question was on laying aside the pending bill."

The CHAIRMAN. The tellers will resume their places.

The committee again divided; and the tellers reported-ayes 60, noes 41.

So the bill was laid aside.

COLUMBIA DEAF AND DUMB INSTITUTION. The next business on the Calendar was House bill No. 541, making appropriations for the service of the Columbia Institution for the Instruction of the Deaf and Dumb, and establishing additional regulations for the government of the institution.

Mr. SPALDING. I am entirely content that this bill should be laid aside to be reported to the House with a recommendation that the same do pass.

Mr. WILSON, of Iowa. I rise to a question

of order.

The CHAIRMAN. The gentleman will state his point of order.

Mr. WILSON, of Iowa. This bill having been made the special order by order of the House, it cannot be laid aside by the Committee of the Whole.

The CHAIRMAN. It can be laid aside to be reported to the House.

Mr. ROSS. I ask that the bill be read. The bill was read. The first section appropriates for the support of the Columbia Institution for the Instruction of the Deaf and Dumb, in addition to the existing appropriation to meet the increased expense of maintaining pupils whose admission was authorized by an act of Congress, approved March 2, 1867, $3,000. For continuing the work upon the buildings of the institution, in accordance with plans heretofore submitted to Congress, $48,000.

The second section provides that in addition to the directors whose appointment has heretofore been provided for by law there shall be three other directors appointed in the following manner: one Senator by the President of the Senate, and two Representatives by the Speaker of the House; these directors to hold their offices for the term of a single Congress, and to be eligible to a reappointment.

The third section provides that no part of the real or personal property now held or hereafter to be acquired by the said institution shall be devoted to any other purpose than the education of the deaf and dumb, nor shall any portion of the real estate be aliened, sold, or conveyed, except under the authority of a special act of Congress.

The fourth section provides that so much of the act of February 16, 1857, as allows the payment of $150 per annum for the maintenance and tuition of each pupil admitted by order of the Secretary of the Interior, be, and the same is hereby, repealed.

The question was upon the motion of Mr. SPALDING, to lay the bill aside to be reported to the House.

The question was taken; and upon a division there were-ayes 52, noes 20; no quorum voting.

Tellers were ordered; and Mr. SPALDING and Mr. GROVER were appointed.

The committee again divided; and the tellers reported that there were-ayes 75, noes 26. So the bill was laid aside to be reported to the House.

BENEVOLENT INSTITUTIONS IN THE DISTRICT.

The next business on the Calendar was House bill No. 859, appropriating money in support of benevolent institutions and in aid of charities in the District of Columbia, for the fiscal year ending June 30, 1869.

Mr. MOORHEAD. I move that this bill be laid aside to be reported to the House, with a recommendation that the same do pass. Mr. PIKE. Are amendments to this bill now in order?

The CHAIRMAN. The bill is now open to amendment.

Mr. PIKE. Has the bill yet been read a first time in Committee of the Whole? The CHAIRMAN. It has not.

Mr. PIKE. Then I ask that it be now read.

The bill was then read at length. The CHAIRMAN. The bill is now open to amendment.

Mr. SPALDING. I am directed by the Committee on Appropriations to submit sundry amendments to this bill.

Mr. WASHBURNE, of Illinois. I rise to a question of order.

The CHAIRMAN. The gentleman will state his point of order.

Mr. WASHBURNE, of Illinois. My point of order is that this bill and the one just laid aside to be reported to the House were made special orders in Committee of the Whole, with the understanding that they should be fully discussed. Four of the members of the Committee on Appropriations have made a minority report, showing all the facts in regard is wrong to put these bills through without to this deaf and dumb asylum. Now, I say it

discussion

Mr. SPALDING. The gentleman is mak ing no point of order.

The CHAIRMAN. The Chair does not understand the gentleman to be making any point of order, but merely stating reasons to affect the vote of the committee.

I was

Mr. WASHBURNE, of Illinois. absent from the Hall on duty on a committee of conference when the bill was reached in committee, and a sort of snap judgment was taken on me.

Mr. SPALDING. I was obliged to take the course I did.

Mr. BANKS. I would make a suggestion, which I think will prove satisfactory. If these bills are laid aside informally, they can be taken up and discussed and amended when the House again reaches their consideration in Committee of the Whole.

Mr. WASHBURNE, of Illinois. I would

ask that the bill which has been laid aside to be reported to the House be considered as laid aside informally in Committee of the Whole. Mr. PIKE. I object.

Mr. WASHBURNE, of Illinois. Then I would suggest that these two bills be reported to the House, with the understanding that they shall be again referred to the Committee of the Whole when we go back into the House.

Mr. SPALDING. I have no objection to both being reported to the House.

Mr. ROSS. I object.

Mr. STEVENS, of Pennsylvania. I have no objection, provided these bills go over till next week; but this week we are all in confusion.

Mr. SPALDING. I will agree that the bill be reported to the House, and be next week considered by the House as in Committee of the Whole.

Mr. ROSS. I move that the committee rise. On the motion there were-ayes 42, noes 58. Mr. PIKE called for tellers.

Tellers were ordered; and Mr. PIKE and Mr. KNOTT were appointed.

The committeed divided; and the tellers reported-ayes 50, noes 52.

So the motion that the committee rise was not agreed to.

Mr. SPALDING. I understood that the arrangement which I suggested was assented to. The CHAIRMAN. Is there objection? Mr. ROSS and Mr. PIKE objected. Mr. SPALDING. I move to amend the bill by striking out lines eighteen to twenty-two inclusive, reading as follows:

For the purchase, by the Secretary of the Interior, for the agricultural purposes of the institution, one hundred and forty-eight acres, more or less, of land lying directly east of the present grounds of the hospital, and separated from them by the public road, $23,000.

Mr. STEVENS, of Pennsylvania. Mr. Chairman, if the committee should now rise, could not the House, by a vote, resolve that, on going again into Committee of the Whole, all other bills should be postponed for the purpose of taking up the tariff bill?

The CHAIRMAN. It would be in order to

make such a motion; but any gentleman could call for a division of the question, so that the vote would have to be taken separately upon laying aside each bill.

Mr. WASHBURNE, of Illinois. I am willing to conseut that both these bills shall be reported to the House with the understanding that they go back to the committee, or that they be considered in the House when consent can be had.

The CHAIRMAN. Is there objection?
Mr. ROSS. I object.

Mr. WASHBURNE, of Illinois. The gentleman from Ohio [Mr. SPALDING] can in the House move to refer the bills to the committee, and we will sustain the motion.

The amendment of Mr. SPALDING was

agreed to.

Mr. SPALDING. I move further to amend by striking out in line thirty the word "five" and inserting in lieu thereof the word "three;" so as to make the paragraph read as follows:

For the proper inclosure, improvement, and enlargement of the grounds of the institution, in accordance with plans heretofore submitted to Congress, $3,600.

On agreeing to the amendment there wereayes 39, noes 15; no quorum voting.

The CHAIRMAN, under the rule, ordered tellers; and appointed Mr. BALDWIN and Mr. Ross.

The committee divided; and the tellers reported-ayes 60, noes 19; no quorum voting. Mr. PIKE. I move that the committee rise. On the motion there were-ayes 54, noes 52. Mr. KOONTZ. I call for tellers. Tellers were ordered; and Mr. KOONTZ and Mr. PIKE were appointed.

The committee divided; and the tellers reported-ayes 57, noes 48.

So the motion was agreed to.

The committee accordingly rose; and the Speaker having resumed the chair, Mr. DAWES reported that the Committee of the Whole on the state of the Union, having had under consideration the Union generally, and particularly the bill (H. R. No. 541) making appropriations for the service of the Columbia Institution for the Instruction of the Deaf and Dumb, and establishing additional regulations for the government of the institution, had directed him to report the same back without amendment; also, that the committee had had under consideration the bill (H. R. No. 859) appropriating money in support of benevolent institutions and in aid of charities in the District of Columbia for the fiscal year ending June 30, 1869, and had come to no resolution thereon.

Mr. SPALDING. Mr. Speaker, I am content that the bill No. 541 shall be retained in the House and considered as in Committee of the Whole at some convenient time, as the gentleman from Illinois wishes to discuss it. Let it be postponed till next week and come up directly after the vote on the Alaska bill.

The SPEAKER. It will be postponed till the time indicated if there be no objection. There was no objection.

Mr. MOORHEAD. I yield to my colleague on the committee.

Mr. SCHENCK. I move that House bill No. 859, making appropriations for the service of the Columbia Institution for the Instruction of the Deaf and Dumb, and establishing additional regulations for the government of the after the morning hour. institution, be postponed until next Wednesday

The motion was agreed to.

ENROLLED BILL SIGNED.

Mr. HOPKINS, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled Senate bill No. 542, for the relief of Thomas W. Ward, late collector of customs, district of Corpus Christi, Texas; when the Speaker signed the same.

UTAH CONTESTED ELECTION.

Mr. CHANLER, from the Committee of Elections, reported the following resolutions: Resolved, That William McGrorty is not entitled to

a seat in this House as a Delegate from the Territory of Utah.

Resolved, That William H. Harper is entitled to a seat in this House as a Delegate from the Territory of Utah.

The report and accompanying papers were laid upon the table, and ordered to be printed.

Mr. SCHENCK moved that the rules be suspended and the House resolve itself into the Committee of the Whole on the state of the Union.

Mr. WASHBURNE, of Illinois, moved that the House adjourn.

The House divided; and there were-ayes 58, noes 50.

Mr. MOORHEAD demanded the yeas and

The question was taken ; and it was decided in the negative-yeas 39, nays 76, not voting 83: as follows:

YEAS-Messrs. Axtell, Bailey, Baker, Baldwin, Barnes, Beck, Benton, Blair, Boles, Bromwell, Sidney Clarke, Eckley, Ela, Eldridge, Farnsworth, Ferriss, Glossbrenner, Golladay, Hamilton, Hawkins, Holman, Hopkins, Ingersoll, Judd, Loan, Mallory, Marshall, McCormick, Nicholson, Orth, Ross, Sitgreaves, Stewart, Taber, Cadwalader C. Washburn, James F. Wilson, John T. Wilson, Windom, and Woodbridge-39.

NAYS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, Banks, Beatty, Benjamin, Boutwell, Cake, Cary, Chanler, Churchill, Cobb, Coburn, Cook Covode, Dawes, Deweese, Driggs, Eliot, French, Garfield, Griswold, Grover, Hill, Hinds, Hooper, Chester D. Hubbard, Hulburd, Hunter, Jenckes, Alexander H. Jones, Julian, Kelsey, Kitchen, Koontz, George V. Lawrence, William Lawrence, Loughridge, Lynch. Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, O'Neill, Pain, Peters, Plants, Poland, Pomeroy, Price, Sawyer, Schenek, Scofield, Selye, Smith, Spalding, Starkweather, Stokes, Taffe, Taylor, Trowbridge, Twichell, Robert T. Van Horn, Henry D. Washburn, Welker, Thomas Williams, and William Williams-76.

NOT VOTING-Messrs. Adams, Archer, James M. Ashley, Barnum, Beaman, Bingham, Blaine, Boyer, Brooks, Broomall, Buckland, Burr, Benjamin F. Butler, Roderick R. Butler, Reader W. Clarke, Cornell, Cullom, Delano, Dixon, Dodge, Donnelly, Eggleston, Ferry, Fields, Finney, Fox, Getz, Gravely, Haight, Halsey, Harding, Higby, Hotchkiss, Asahel W. Hubbard, Richard D. Hubbard, Humphrey, Johnson, Thomas L. Jones, Kelley, Kerr, Ketcham, Knott, Laflin, Lincoln, Logan, McClurg, McCullough, Morrissey, Mungen, Newcomb, Niblack, Nunn, Perham, Phelps, Pike, Pile, Polsley, Pruyn, Randall, Raum, Robertson, Robinson, Roots, Shanks, ShelJabarger, Aaron F. Stevens, Thaddeus Stevens, Stone, Thomas, John Trimble, Lawrence S. Trimble, Upson, Van Aernam, Van Auken, Burt Van Horn, Van Trump, Van Wyck, Ward, Elihu B. Washburne, William B. Washburn, Stephen F. Wilson, Wood, and Woodward-83.

So the House refused to adjourn.

LEAVE OF ABSENCE.

Mr. MERCUR was granted leave of absence until Monday, Mr. INGERSOLL until Tuesday, and Mr. HOLMAN indefinitely on account of sickness of one of his family.

ORDER OF BUSINESS.

The question then recurred on Mr. SCHENCK'S motion to go into committee.

Mr. MOORHEAD. I rise for the purpose of appealing to gentlemen. We do not expect to proceed with the tariff bill. All we wish is to get it up and then adjourn. I ask that it be considered as the pending question in the committee.

Mr. FARNSWORTH. I object. Mr. SCHENCK's motion was agreed to. The House accordingly resolved itself into the Committee of the Whole on the state of the Union, (Mr. DAWES in the chair.)

Mr. SCHENCK. I suggest that by unanimous consent all bills preceding the tariff bill be considered as laid aside, and then I will move the committee rise.

Mr. STEWART. I object. COMPENSATION TO GOVERNMENT EMPLOYÉS.

The next business upon the Calendar was House joint resolution No. 245, giving additional compensation to certain employés in the

The next business on the Calendar was the bill (H. R. No. 106) to reduce into one act and to amend the laws relating to internal taxes.

Mr. SCHENCK. I am willing that this bill shall go over until the first week of the next session, when I confidently expect to pass it. No objection being made, the bill was postponed accordingly.

NIAGARA FALLS SHIP-CANAL.

The next business on the Calendar was the bill (H. R. No. 1202) to provide for the construction of a ship-canal around the Falls of Niagara.

Mr. MOORHEAD. I move to lay that bill aside.

The motion was agreed to.

TARIFF BILL.

The next business on the Calendar was the bill (H. R. No. 1349) to increase the revenue from duties on imports, and tending to equalize exports and imports.

Mr. MOORHEAD. I ask for the reading

of the bill.

Mr. SPALDING. I move that the first reading be dispensed with.

Mr. STEWART objected.

The Clerk commenced the reading of the bill. Mr. SCHENCK. I ask unanimous consent that the further reading be dispensed with. Mr. BROMWELL objected.

The Clerk resumed and concluded the first reading of the bill, and then read the first paragraph for amendment, as follows:

That from and after the passage of this act, in lieu of the duties heretofore imposed by law on the articles hereinafter mentioned there shall be levied, collected, and paid on the articles herein enumerated and provided for, imported from foreign countries, the following specified duties and rates of duty, that is to say: on all copper imported in the form of ores. three cents on each pound of fine copper contained therein; on all regulus of copper, and on all black or coarse copper, four cents on each pound of fine copper contained therein; on all old copper, fit only for remanufacture, four cents per pound; on all copper in plates, bars, ingots, pigs, and in other forms not manufactured or herein enumerated, five cents per pound.

Mr. MOORHEAD. I move that the committee,rise.

The motion was agreed to.

The committee accordingly rose; and the Speaker having resumed the chair, Mr. DAWES reported that the Committee of the Whole on the state of the Union had, according to order, had the special order under consideration, being House bill No. 1349, to increase the revenue from duties on imports and tending to equalize exports and imports, and had come to no resolution thereon.

ELECTION IN VIRGINIA.

Mr. FARNSWORTH reported from the Committee on Reconstruction a bill (H. R. No. 1381) providing for an election in Virginia; which was read a first and second time.

The bill was reported. It provides that the constitution adopted by the convention which met in Richmond, Virginia, on the 3d day of December, 1867, be submitted for ratification on Thursday, Friday, and Saturday, the 13th, 14th, and 15th days of August, 1868, to the voters of the State of Virginia, who shall then be registered and qualified as such in compliance with the acts of Congress known as the reconstruction acts, the vote to be for and against the constitution, the election to be held at the same places where the election for delegates to said convention was held, and under the regulations to be prescribed by the commanding general of the military district, and the returns to be made to him as directed by law.

Section two provides that an election shall be held at the same time and places for members of the General Assembly and for all State officers to be elected by the people under said

constitution, the election for State officers to be conducted under the same regulations as that for the ratification of the Constitution and by the same persons, the returns to be made in duplicate, one copy to the commanding general and one to the president of said convention, who shall give certificates of election to the persons elected, the officers so elected to enter upon the duties for which they are chosen as soon as elected and qualified in compliance with the provisions of said constitution, and to hold their respective offices for the term of years prescribed by the constitution, counting from the 1st day of January next, and until their successors are elected and qualified.

The third section provides that an election for members of the Congress of the United States shall be held in the congressional districts as established by said convention, one member of Congress being elected in the State at large, at the same time and places as the election for State officers, said election to be conducted by the same persons and under the same regulations mentioned in this act, and the returns to be made in the same manner provided for State officers.

The fourth section provides that no person shall act either as a member of any board of registration to revise and correct the registration of votes, or as a judge, commissioner, or other officer at any election to be held under the provisions of this act, who is a candidate for any office at the election to be held as herein provided for.

The fifth section provides that the General Assembly elected under and by virtue of this act shall assemble at the capitol in the city of Richmond, on Tuesday, the 1st day of September, 1868.

Mr. FARNSWORTH. This bill is simply to give a remedy to the people of the State of Virginia which they can get in no other way. Their constitutional convention provided for an election and fixed the day for the election, the election to be called and provided for by rules and regulations to be issued by the general commanding the district. The general so commanding did not call the election or make any provision for it on the day fixed, and the time passed over. His reason for not doing so was because there was no money appropriated for the purpose of defraying the expenses of the election. The time having passed, the commanding general thinks he has no authority to designate a day for the election. This bill is reported for the purpose of giving the people of Virginia a chance to vote on their constitution. It proposes no change of the reconstruction acts so far as registration is conshall vote. cerned, but simply fixes the time when they It also provides that they may elect officers at the same election, as the other reconstructed States have done.

Mr. MULLINS. Does this bill state that this election shall be held in accordance with the provisions of the reconstruction act?

Mr. FARNSWORTH. It provides that the election shall take place in accordance with the reconstruction acts of Congress, and that the commanding general shall issue the needful rules and regulations, as has been done in other States.

The bill was then ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. FARNSWORTH moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

UNION PACIFIC RAILROAD.

Mr. PRICE, by unanimous consent, submitted the following resolution; which was read, considered, and adopted:

Resolved, That the Secretary of the Interior be instructed to furnish to this House a copy of the report of General G. M. Dodge, chief engineer of the Union Pacific railroad, concerning the surveys and operations of the company for the year 1867.

blocks, which are subsequently broken up into smaller pieces and carried away by the current.

This is the case with nearly all our waterfalls, but the receding action is much more rapid at the Falls of St. Anthony than at any other existing fall with which I am acquainted.

It is obvious to an observer that at a distant period the falls were at Fort Snelling, the present junction of the Minnesota river, and that they have receded to their present position in the manner before described a distance of about seven miles.

Did this same formation of rock extend indefinitely above the present falls along the river the continued recession might only be considered as endangering the dams and mills in their present location and not to concern the question of navigation. And, as a consequence, the prevention of this wearing away by the water might be considered a mere local interest, and to be provided for by those specially concerned.

But it so happens that the stratum of hard magnesian limestone thins out and rises entirely above the surface of the river a few hundred feet above the present crest of the falls, and further on the soft sand rock alone is to be found in the bed of the river, so that when the action of the stream has destroyed all that remains of the hard layer but a few days will be necessary to lower the bed and produce a continuous rapid far above, not merely destroying the present water-power, but a long reach of navigable channel.

The Water-Power Company at Minneapolis expended in 1866 between thirty and forty thousand dollars in an unavailing attempt to stop this wearing away. The undertaking is a dificult and expensive one, and it is but fair that the protection and extension of the river navigation should lend its aid to that of the Water-Power Company in effecting a common object.

The danger which threatens the destruction of the Falls of St. Anthony requires prompt attention.. The present condition of the falls is further exhibited by the annexed diagram.

On this diagram the banks of the river are represented in green, the water blue, the soft sand-rock yellow, the magnesian limestone brown, and the clay bed pink.

The section is constructed to cut the dam at the point furthest up the stream, from which point the dam inclines downward toward each shore. This apex of the dam is at the upper end of the magnesian limestone, above which the bed of the river is twenty feet deep.

The water is represented falling over the lower edge of the magnesian limestone in two places, four hundred feet apart; the lower one is at the place where the crest of the falls was in 1866, at which time the Minneapolis Water-Power Company put in the apron below the falls to protect them from further wear; the upper place is where the crest of the falls was left after the flood of July, 1867, four hundred feet having been washed away in one flood. notwithstanding the attempt to prevent it. One more like freshet would probably destroy the falls, for only one thousand feet of the magnesian limestone remains, and its thickness diminishes as the recession goes on; it was eighteen feet thick at the crest in 1866, and at the present position of the crest of the falls it is about eight feet thick; hence the present pressing emergency.

Very respectfully, your obedient servant,
G. K. WARREN,
Brevet Major General United States Army,
Major of Engineers.

His Excellency Hon. WILLIAM R. MARSHALL.

Governor of Minnesota.

Mr. DONNELLY. I yield a moment to the gentleman from Indiana.

Mr. JULIAN. This proposition was before the House Committee on the Public Lands, and in that committee I voted against it. I subse. quently voted against it in the House, and I shall vote against it now when it comes from the Senate with one hundred thousand additional acres of land granted. My reason for my vote is this: it allows the State of Minnesota to go out two hundred miles or more and cull lands here and there for a local improvement. It is a proper case for a grant in money, but a grant in land is in contravention of our policy in like cases. The conditions of the bill as to settlement and price are wholesome, and the bill is as little obnoxious as any bill of this character can be, yet I cannot consistently vote for it for the reasons stated. I desired simply to say this much in justice to myself, leaving the House to dispose of the measure as it may deem right.

Mr. LAWRENCE, of Ohio. I desire to put an inquiry to the gentleman from Indiana. I desire to call the attention of the House to the fact and I wish to inquire of the gentleman if it be a fact-that the additional one bundred thousand acres of land which is proposed to be given away by this amendment of the Senate is simply a proposition to appropriate so many acres for the benefit of private mill owners, perhaps involving no public interest at all except so far as it may be involved in the interest of these mill owners? Now, I submit to the House, if we are to go on with this indiscriminate squander of the public lands for the 40TH CONG. 2D SESS.-No. 244.

benefit of mere private parties, we may as well give them all away at once and put an end to the matter.

Mr. JULIAN. I only say that while this bill may benefit private mill owners, it is likewise of public interest; but, for the reason I have given, I cannot favor this grant of land.

Mr. DONNELLY. I would say, in answer to the statement of the gentleman from Ohio, [Mr. LAWRENCE,] that the magnitude of this question far exceeds any private interest involved in it. It is true the owners of the waterpower will receive some benefit from this grant, but at the same time it will benefit the entire population gathered around these falls, numbering, I think, some fourteen thousand people. Now, if this bill does not pass it is evident from the statement made by General Warren in the letter which has just been read, accompanied with a map which is here for the inspection of the House, that this water-power will soon be destroyed. There are but one thousand feet of magnesian limestone rock eight feet thick intervening between the navigation above and below these falls, so that if that small belt is swept away the water-power will be gone and the people gathered around that place will have to seek homes elsewhere.

Mr. WINDOM. Allow me to ask what will be the effect upon some eighty miles of navigation above the falls, if they are swept away.

Mr. DONNELLY. I am obliged to my colleague for the suggestion. The bill is based not so much upon the preservation of this water-power, important as that is, as upon the preservation of the navigation above the falls for a distance of eighty miles. If you take away the magnesian limestone one thousand feet in breadth, which now constitutes a natural dam across the river, the sandstone rock will be swept away, the bed of the river will fall, and the entire navigation above that point will be destroyed. So that it is for the preservation of the entire navigation above the falls and for the interest of the people both above and below the falls that this bill should be passed.

Mr. BUTLER, of Massachusetts. How far has the limestone washed away?

Mr. DONNELLY. The letter of General Warren states that in the last year there were some four hundred feet of the rock destroyed by the freshets. There is a breadth of but one thousand feet left, and he states that it is diminishing in thickness as the falls recede, so that the probability is another great freshet will sweep away the whole stratum. Now, the owners of this water-power have attempted in their own interest to preserve it. They expended $37,000 in the attempt, and found they had not money enough. The strength of their work was not great enough to resist the immense flood, and it was swept away. We ask the Government to give this aid out of the lands of Minnesota. There are in the State of Minnesota fifty-three million acres of land. We ask for only one hundred thousand of those acres for the preservation of this great water-power. Mr. MULLINS. Will the gentleman yield to me for a question?

Mr. DONNELLY. Certainly.

Mr. MULLINS. What plan is proposed for this purpose for the benefit of private indi viduals?

Mr. DONNELLY. Of course the expendi ture of the money arising from this grant of land would be a question of engineering skill. The proposition, as I understand it, is to make a wooden sheathing-"aprons the technical name is across the crest of the falls, which would serve as a roof, if I may so call it, over which the entire body of water would pass, so that the disintegrating process now going on, by eating away the sand below the rock, thus causing the rock to break off, would be arrested. Mr. LAWRENCE, of Ohio. Under whose direction is the money to be expended?

Mr. DONNELLY. Under the supervision of the Engineer Bureau. We do not ask for one instant to interrupt the settlement of the country. We propose to let settlers take these

lands at the same price they would have to pay the Government for land under the preemption

act.

Mr. LOAN. Will the gentleman allow me to offer an amendment?

Mr. DONNELLY. I will hear it.

Mr. LOAN. I move to amend the amendment of the Senate by adding the following: Provided, That said lands be selected from any public lands in Alaska.

With that amendment I would be very glad to support this bill.

Mr. SCHENCK. Are there any public lands in Alaska?

Mr. LOAN. Certainly; we have the assurance of the distinguished chairman of the Committee on Foreign Affairs [Mr. BANKS] that there are in Alaska some of the best lands in the world, and with the most beautiful climate on earth. I hope the gentleman will agree to my amendment.

Mr. DONNELLY. I cannot yield for any such amendment. We are not asking for lands in the State of Missouri, but for lands in the State of Minnesota. The entire delegation from Minnesota are united in asking for this grant. If any evil consequences shall result from this grant, they will result to the people of Minnesota. We, as their representatives, are willing to take the responsibility. I now call the previous question.

Mr. MULLINS. I hope the previous question will not be seconded until something better than this is proposed. This wood stratum is

not worth anything; I have tried it myself. Whenever a freshet comes it will carry away your wood-work and all.

The question was upon seconding the previ ous question.

The previous question was seconded, and the main question ordered; which was upon agreeing to the amendment of the Senate.

The question was taken; and upon a divis ion, there were-ayes 35, noes 37; no quorum voting.

Tellers were ordered; and Mr. LAWRENCE of Ohio, and Mr. DONNELLY, were appointed. The House again divided; and the tellers reported that there were-yeas 54, noes 46. Before the result was announced, Mr. JULIAN called for the yeas and nays

The yeas and nays were ordered.

The question was again taken; and it was decided in the negative-yeas 54, noes 58; not voting 86; as follows:

YEAS-Messrs. Allison, Anderson, Delos R. Ashley, James M. Ashley, Axtell. Bailey, Barnes, Benjamin, Boles, Benjamin F. Butler, Cake, Sidney Clarke, Dawes, Deweese, Donnelly, Driggs, Eliot, Hamilton, Higby, Hinds, Hopkins, Chester D. Hubbard, Ingersoll, Jenckes, Alexander II. Jones, Loan, Logan, Loughridge, Marvin, McClurg, McCormick, McKee, Morrell, Myers, O'Neill, Peters, Pile, Plants, Price, Raum, Roots, Sawyer, Smith, Spalding, Starkweather, Stokes, Taffe, Trowbridge, Twichell, Robert T. Van Horn, William Williams, James F. Wilson, Windom, and Woodbridge-54.

NAYS-Messrs. Ames, Arnell, Baker, Beatty, Beck, Boutwell, Bromwell, Cary, Chanler, Churchill, Cobb, Coburn, Cook, Covode, Cullom, Ela, Eldridge, Ferriss, Fields, Garfield, Glossbrenner, Golladay, Grover, Hill, Hulburd, Hunter, Johnson, Thomas L. Jones, Judd, Julian, Kelsey, Kitchen, Koontz, William Lawrence, Marshall, Maynard, Miller, Moore, Moorhead, Mullins, Mungen, Orth, Paine, Perham, Pike, Pomeroy, Ross, Schenck, Scofield, Stewart, Taber, Thomas. Upson, Burt Van Horn, Henry D. Washburn, William B. Washburn, Welker, and John T. Wilson-58.

NOT VOTING-Messrs. Adams, Archer, Baldwin, Banks, Barnum, Beaman, Benton, Bingham, Blaine, Blair, Boyer, Brooks, Broomall, Buckland, Burr, Roderick R. Butler, Reader W. Clarke, Cornell, Delano, Dixon, Dodge, Eckley, Eggleston, Farnsworth, Ferry, Finney, Fox, French, Getz, Gravely, Griswold, Haight, Halsey, Harding, Hawkins, Holman, Hooper, Hotchkiss, Asahel W. Hubbard, Richard D. Hubbard, Humphrey, Kelley, Kerr, Ketcham, Knott, Laflin, George V. Lawrence, Lincoln, Lynch, Mallory, McCarthy, McCullough, Mercur, Morrissey, Newcomb, Niblack, Nicholson, Nunn, Phelps, Poland, Polsley, Pruyn, Randall, Robertson, Robinson, Selye, Shanks, Shellabarger, Sitgreaves, Aaron F. Stevens, Thaddeus Stevens, Stone, Taylor, John Trimble, Lawrence S. Trimble, Van Aernam, Van Auken, Van Trump, Van Wyck, Ward, Cadwalader C. Washburn, Elihu B. Washburne, Thomas Williams, Stephen F. Wilson, Wood, and Woodward-86. So the amendment of the Senate was not agreed to.

Mr. PIKE. I move to reconsider the vote