dispensed with. That is a privileged motion, the effect of the adoption of which will be that the session of this afternoon will be extended until a motion to adjourn shall be adopted.

Mr. COX. I move to amend so as to provide that all the evening sessions be dispensed with.

The SPEAKER. That motion cannot be entertained. The House has resolved by unanimous consent that there shall be a session every evening, unless otherwise ordered by a majority of the House.

Mr. J. C. ALLEN. I rise to propound an inquiry to the Chair. The House having passed a resolution for evening sessions, can that resolution be repealed in this way?

The SPEAKER. The terms of the resolution provided that there should be a session every evening, unless otherwise ordered; the intention being that, as during last session, a majority should dispense with the evening session when they saw fit.

The motion of Mr. MORRILL was agreed to. Mr. FARNSWORTH. As I was stating, I told the Sergeant-at-Arms that I was not able to get up and come to the House, which was true. I dislike, Mr. Speaker, to make excuses on account of the state of my health; and I know that when I tell the House that I have had for several days past that ignoble malady, the fever and ague, I shall not get very much sympathy. I have been taking medicine every day for several days for the chills and fever. Last evening I was not well.

Mr. ARNOLD I move that my colleague be unconditionally excused.

Mr. STEVENS. The gentleman was here a part of last evening. I desire to ask him whether, on leaving the House, he asked permission to retire?

Mr. FARNSWORTH. I did not.

Mr. J. C. ALLEN. I suggest that the fact that my colleague is at large is prima facie evidence that he has paid his fine.

Mr. GARFIELD. I regret to ask the House to allow me to make an amendment of the motion. It seems to me that this is one of the clearest cases of positive contempt of the authority of the House that has yet come before us, and I move that the gentleman be fined twenty-five dollars in addition to the usual fees.

Mr. STEVENS. I move to make it ten dollars. Mr. JOHNSON, of Pennsylvania. Before I vote on a proposition of that kind I would like to know from the gentlemen from Illinois how he got out of the House last night?

Mr. FARNSWORTH. The doors were open. Mr. STEVENS. If I understood the gentleman, after we obtained a quorum and were going

into the Committee of the Whole on the state of the Union to transact business, he with others went away and left us without a quorum, so that we had to stay here all night.

Mr. STEVENS's amendment was rejected.

Mr. HALE. I move to amend by striking out twenty-five dollars and providing that the Speaker shall reprimand the gentleman. [Cries of" No!" "No!" Well, then, I withdraw the amend

Mr. COX. I move that he be unconditionally excused.

The motion was disagreed to.

Mr. BROOMALL's motion was then agreed to.
AARON HARDING.

The SPEAKER. Mr. HARDING, you have been absent from the House without its leave. What excuse have you to offer?

Mr. HARDING. Mr. Speaker, although I have attended the sessions of the House for the last three or four days, I have not always felt well night I felt better, but was still suffering from enough to remain till the adjournment. Last disease, so that I did not deem it prudent to come here. For the same reason I declined to accept the invitation to attend the Postmaster General's with the Post Office Committee.

Mr. ELDRIDGE. I move that the gentleman be unconditionally excused. The motion was agreed to.

HENRY W. HARRINGTON.

The SERGEANT-AT-ARMS. Mr. Speaker, Mr.

HARRINGTON started to come to the House, but seeing the flag down, thought the House had adjourned, and returned home.

The SPEAKER. The Chair will state that the halyards broke this morning, and the flag had to be taken down while the House was in session. Mr. HARRINGTON not being present, his case will be reserved.

BENJAMIN G. HARRIS.

The SPEAKER. Mr. HARRIS, you have been absent without the leave of the House. What excuse have you to offer?

Mr. HARRIS, of Maryland. Mr. Speaker, I have labored for several days under a bad cold, from which I have not yet recovered. I think that it would be imprudent for me to come out during the night. It would only be exposing my health to do so. I was not notified by the Sergeant-at-Arms. Even if I had been, my health would not have permitted me to come here.

Mr. DAVIS, of New York. I move the gentleman be unconditionally excused.

The motion was agreed to.

WELLS A. HUTCHINS.

The SPEAKER. Mr. HUTCHINS, you have absented yourself from the sitting of the House without its leave. What excuse have you to offer for your absence?

Mr. HUTCHINS. I was aware that night

sessions of the House had been ordered to commence soon, but that there was to be such a session last evening was a fact that had entirely escaped my mind. By my absence I intended no disrespect to the House, and I was not notified of the fact until I came here to-day.

Mr. BROOMALL. I move that the gentleman be excused upon the payment of the usual fees. The motion was agreed to.

FRANCIS W. Kellogg.

ANTHONY L. KNAPP.

Mr. J. C. ALLEN. Mr. KNAPP is in the city of New York.

FRANCIS C. LE BLOND.

The SPEAKER. Mr. LE BLOND, you have absented yourself from the sitting of the House without its leave. What excuse have you to render for your absence?

Mr. LE BLOND. I was not aware that there would be any business transacted last evening beyond mere speech making, and therefore I remained at home with my wife. I was neither sick, nor upon any important committee, nor was I served with any process requiring my attendance. I did not know that my presence was needed until I came here this morning. Had I known it I should have come here last night.

Mr. RADFORD. I move the gentleman be excused upon the payment of the usual fees. The motion was agreed to.

ROBERT MALLORY.

The SPEAKER. Mr. MALLORY, you have absented yourself from the sitting of this House without its leave. What excuse have you to render for your absence?

Mr. MALLORY. I came up to the House last night because I understood some questions I felt a great deal of interest in would be taken up for consideration when the tax bill was before the Committee of the Whole. If it had not been for that I should not have come at all, for I did not feel very well. Coming here, I found the House without a quorum, answered to my name, and tried to get the House to exercise mercy toward the delinquents; but the House was a little hardhearted last night, and it seems they are disposed to be a little hard this morning. As the evening advanced, not feeling very well, I asked leave of the House to retire to my room. Leave was granted; but because I did not avail myself of the privilege immediately, some gentleman moved to reconsider the vote by which such leave was granted. The vote was reconsidered, and the leave was rescinded. [Laughter.]

Mr. BALDWIN, of Massachusetts. May I ask the gentleman by what means he left the Hall? Mr. MALLORY. Ah! Mr. Speaker, I do not think that a very pertinent question.

Mr.BALDWIN, of Massachusetts. The doors were all closed.

Mr. MALLORY. I object to his drawing the conclusion that because I am a member of the Committee of Ways and Means I have mean ways. I went out correctly.

Mr. HOLMAN. This being an unusual case, I move the gentleman be excused upon paying $12 50 and the usual fees.

Mr. MALLORY. I presume the gentleman with his usual courtesy will permit me to get through with my excuse.

Mr. HOLMAN. I thought the gentleman had concluded his remarks.

Mr. MALLORY. I was about to remark that

AUSTIN A. KING.

The SPEAKER. Mr. 'KING, you have absented yourself from the sitting of the House without its leave. What excuse have you to render for your absence?

Mr. KING. I was aware that the House had

the same as the gentleman from Massachusetts, who left at the same time.

The amendment was agreed to; and the motion, as amended, was adopted.

JOHN GANSON.

The SPEAKER. Mr. GANSON, you have been absent from the session of the House without its leave. What excuse have you to offer?

Mr. GANSON. Mr. Speaker, when I left the House in the afternoon I intended to attend the evening session; but I was detained by several agreeable gentlemen. When they left I retired. I was notified by the Sergeant-at-Arms, before morning, that the House was still in session, and at once prepared to come here. I called upon Mr. RICE, of Massachusetts, on my way, and found that he was sick. When I reached the Capitol the House had adjourned. I returned home again, getting there at half past four o'clock. Mr. BROOMALL. I move that the gentleman be excused on the payment of the usual fees.

sented myself out of no disrespect to the House. The streets have been very bad to walk upon during the last week, and in the first part of the week I was not able to keep my feet under me, and on one occasion fell and sprained my wrist, and I have hardly been able to use my hand since. After getting my dinner yesterday, at five o'clock, I went to my own room and remained there, and was not notified that my attendance was required at the House. Had I been notified at any hour of the night, I should have felt it my duty to try to come here; but not feeling that there was an absolute necessity for being here, I was not willing to undertake at night to walk up these slippery walks and steps which I have not been able to walk with safety during the day.

Mr. ROLLINS, of Missouri. I would like to know of my colleague whether he got his fall before or after dinner. (Laughter.]

Mr. RADFORD. I move that the gentleman be unconditionally excused.

The motion was agreed to.

or mean ways, just as gentlemen see fit to call it; and I have a right to be absent from this House during its sessions. But that is not my excuse. I was unwell and left the House. If that is sufficient the House can excuse me.

Mr. HOLMAN. I now make my motion, omitting, however, the $12 50.

Mr. COX. I must say I never in my life knew my friend from Kentucky so gay and festive as he was last night. [Laughter.]

Mr. MALLORY. The gentleman from Ohio will allow me to say that it was fictitious, something like the prosperity that exists all over our country now. I had just left the gentleman from New York, [Mr. GANSON,] and the gentleman from Ohio knows his character well enough to know how to account for the spirit which 1 exhibited when I came to this House.

Mr. COX. If the gentleman says it was a hectic flush, I will agree to let him off.

Mr. MALLORY. Oh, no! Not a hectic flush. Mr. STROUSE. I move that the gentleman be excused unconditionally.

Mr. GARFIELD. I move to amend that motion by adding that he be fined ten dollars in addition to the usual fees.

Mr. WADSWORTH. My colleague has been confined to his room by indisposition, and was here last night very indiscreetly. He ought not to have been here.

Mr. NOBLE. I got the impression yesterday about the time the House adjourned that the evening session would be devoted to speaking, and nothing else. Nevertheless, I intended to come here. But when I arrived at the hotel to get my dinner I found two of my constituents there, who demanded my personal attention last night in the transaction of public business. I could not very well leave them. I was, however, sufficiently in health to be here, and meant no contempt of the House by my absence.

Mr. ELDRIDGE. The gentleman from Ohio is almost always in his seat; I believe he has scarcely ever been absent. I move that he be unconditionally excused.

Mr. BROOMALL. I move to amend that motion by adding to it "on payment of the usual fees.

The question was put, and on a division there were-ayes 48, noes 35; no quorum voting.

Mr. J. C. ALLEN. Would it be in order to move that there be a call of the House?

The SPEAKER. It would.

Mr. J. C. ALLEN. Then I make that motion. The question was put, and the House refused to order a call.

Mr. BROOMALL. I withdraw my amend

ment.

The question was then taken on Mr. ELDRIDGE's motion, and it was agreed to; and Mr. NOBLE was excused unconditionally.

GODLOVE S. ORTH.

The SPEAKER. Mr. ORTH, you have been absent from the session of the House without leave. What excuse have you to offer for your absence?

Mr. ORTH. I was too unwell to leave my room last night. I retired at a very early hour, and knew nothing of the proceedings of the House until I got here this morning.

Mr. COX. I move that the gentleman be unconditionlly excused.

The motion was agreed to.
NEHEMIAH PERRY.

The SPEAKER. Mr. PERRY, you have been absent from the session of the House without leave. What excuse have you to offer for your absence?

Mr. PERRY. On Wednesday I received a telegram from New Jersey that made it important for me to go there. I left on Wednesday evening in the half-past seven o'clock train for New Jersey, and transacted the business I had to do. Fearing that my friend WASHBURNE would move this whisky amendment, I took the train back and arrived here at six o'clock this morning. That is all the excuse I have to make.

Mr. RADFORD. I move that the gentleman be excused on the payment of the usual fees. Mr. ELDRIDGE. I move to amend that motion so as to excuse him unconditionally. The amendment was disagreed to. Mr. RADFORD's motion was then agreed to. WILLIAM H. RANDALL.

The SPEAKER. Mr. RANDALL, you have been absent from the session of the House without its leave. What excuse have you to offer for your absence?

Mr. RANDALL, of Kentucky. Mr. Speaker, I do not think I have any good excuse. I forgot that there was a night session, and was not absent through any contempt of the House at all.

Mr. HOLMAN. Mr. Speaker, in consequence of the frankness of the avowal, I move that the gentleman from Kentucky be unconditionally discharged.

Mr. RADFORD. I move, as an amendment, that he be discharged on payment of the usual fees.

The amendment was adopted; and the motion, as amended, was agreed to.

ALEXANDER H. RICE.

The SPEAKER. Mr. RICE, you have been absent from the session of the House without its leave. What excuse have you to offer for your absence?

Mr. RICE, of Massachusetts. Mr. Speaker, for the last fortnight I have been in ill health, and sometimes have not been able to attend the day session of the House. During the whole of that time I have not been out of my house on any evening, for any purpose whatever. I was detained at home by illness last night.

Mr. INGERSOLL. I move that the gentleman from Massachusetts be unconditionally excused. The motion was agreed to.

The SPEAKER. Mr. ROLLINS, you have been absent from the session of the House without its leave. What excuse have you to offer for your absence?

Mr. ROLLINS, of Missouri, (from his seat,) Mr. Speaker

Mr. THAYER. I rise to a question of order. The gentleman must come to the bar of the House and answer.

The SPEAKER. The Chair sustains the point of order.

Mr. ROLLINS, of Missouri, (from the center aisle.) Mr. Speaker

Mr. J. C. ALLEN. I rise to a question of order. The gentleman should come to the criminal dock. [Laughter.]

Mr. ROLLINS, of Missouri, (having stepped to the area in front of the Speaker's chair.) Mr. Speaker, I meant no disrespect to the House by my absence last night. I was not positively certain that there was to be an evening session. There was some doubt in my mind on that question. I represent a very excellent people-a more than average constituency. [Laughter.] A couple of my constituents arrived here yesterday; and I hold it to be the duty of a polite Representative to give all proper attention, not only to his legislative duties, but also to his constituents when they visit this city. I felt it my duty to pay my respects to those gentlemen last night, and finding them very agreeable, I remained with them. That is my excuse.

Mr. BROOMALL. I desire to ask the gentleman from Missouri whether he got notice last night that the House was in session.

Mr. ROLLINS, of Missouri. I did not. I was not notified till this afternoon by the Sergeant-atArms.

Mr. BROOMALL. I move that the gentleman be discharged on payment of the usual fees. The motion was agreed to.

there was to be an evening session, and I knew that it was to be for the purpose of taking up and acting on the tax bill, and not for the mere purpose of debate. I determined, however, after some inquiry, not to come last evening. I have an impression, Mr. Speaker, that I am the hardestworking man in the House of Representatives. My committee has met every morning for the last three weeks; and it is as much as I can do to get my breakfast and get there punctually for the meeting of the committee, as I always endeavor to anticipate the arrival of the other members. From the committee I come into the House. Last night I felt fagged out and in need of recreation and rest. Still I would not leave the House until I ascertained from the chairman of the Committee of Ways and Means [Mr. STEVENS] that the question of the tax upon tobacco, in which my constituents felt great interest, would not be likely to come up. I am perfectly disinterested upon that subject, for I do not use it in any shape, either in smoking, chewing, or snuffing. Still I have many constituents who are large producers of that article.

Owing, therefore, not to any want of health, or want of disposition to do my duty, but simply because I was tired out-and I shall be glad when the 4th of March comes, on that account-I failed to come here last night; and I feel myself quite as much surprised, in view of the labor I have performed this session, in being tried here for neglect of duty, as I think some gentlemen who are trying me must feel that they are engaged in that trial.

sence.

I have no other excuse than this to offer, except to state the circumstances attending my abI passed a portion of my evening away from my lodgings with some friends. I then returned to my lodgings, and applied myself to some letters which had to be written, and to the preparation in part of some memoranda for a bill, and for an interview with the Secretary of War in relation to some matters before the Military Committee, and I think I got to bed about two o'clock in the morning, which is about my usual time for retiring. The Sergeant-at-Arms did not call upon me or notify me that I was wanted here. This morning, when I read in the papers that the House was still in session when last heard from, I inquired of my family whether any one had called in the course of the evening while I was out and left any notice for me, and was told that no one had done so. My notice from the Sergeant-at-Arms was received in this Hall at one or two o'clock today. This is my excuse for my absence.

Mr. WILSON. I suppose that the absence of owing to the fact that he feels great anxiety to the gentleman from Ohio [Mr. SCHENCK] was have the business of the House advanced, in order that we may have a call of committees, which will afford an opportunity to the Committee on Military Affairs to submit their reports. I suppose that will account for his absence from the House, and it seems to me that it is a good excuse. Mr. ODELL. The gentleman from Ohio [Mr. SCHENCK] says he was absent on account of his position on a very hard-working committee. I only desire to say that other gentlemen who are on that same hard-working committee were here all last night. I do not think that the gentleman should be unconditionally excused, but that he, like others, should be required to pay the usual fees.

Mr. RICE, of Massachusetts. I move that the gentleman from Ohio [Mr. SCHENCK] be excused upon payment of the usual fees.

Mr. HOLMAN. Would it be in order to add the words "in view of the remarks of the gentleman from Ohio, [Mr. SCHENCK,] the Chair be directed to administer a mild censure to him for the manner in which he spoke of his judges," who [Laughter.] are known to be very industrious gentlemen?

The SPEAKER. The Chair supposes the gentleman from Indiana [Mr. HOLMAN] does not propose to press his motion.

Mr. HOLMAN. I supposed the gentleman was criticising his judges rather severely.

Mr. SCHENCK. I disclaim any purpose of that kind. I was not aware that the gentleman from Indiana [Mr. HOLMAN] would apply my re

marks to himself.

Mr. HOLMAN. I will withdraw the motion to amend.

The question was upon the motion of Mr. RICE, of Massachusetts, to excuse the gentleman upon the payment of the usual fees.

Mr. SCOFIELD. I move to amend so as to excuse unconditionally.

The amendment was rejected..

The motion of Mr. RICE, of Massachusetts, was then adopted.

Mr. FARNSWORTH. I move that all those members who were not here at all last night be excused unconditionally, and all those who were here until one o'clock be fined ten dollars each.

The SPEAKER. The Chair is of the opinion that that motion is not in order.

JOHN G. SCOTT.

The SPEAKER. Mr. SCOTT, you have been absent from the session of this House without its leave. What excuse have you to render to the House for your absence?

Mr. SCOTT. Mr. Speaker, several of my friends were in the city yesterday on very important business. They expected to leave to-day, and desired that I should see them last night. I called upon them, and returned to my room at ten o'clock. I received notice at twelve o'clock today from the Sergeant-at-Arms. The business upon which my friends came here was very important, and it was necessary that I should see them last night.

Mr. BROOMALL. I move that the gentleman be excused upon paying the usual fees. The motion was agreed to.

RUFUS P. SPALDING.

The SPEAKER. Mr. SPALDING, you have been absent from the session of the House without its leave. What excuse have you to render for your absence?

Mr. SPALDING. Mr. Speaker, I never at any time absent myself willingly from the sessions of this House. I have for some days, perhaps I might say for some weeks, been suffering from a severe cold. I attended the House yesterday from twelve o'clock until the recess at half past four. I really was not able to come during the evening session; but I was impressed with the importance of aiding in the examination of the bill from the Committee of Ways and Means, the internal revenue bill, and I did come punctually at seven o'clock. My purpose was to remain during the whole session of the House. I staid here for some six hours, with very much discomfort to myself. I asked the Speaker once whether I could retire, but he said that the rules would not permit it. I stayed until the proceedings under the first call were dispensed with. It was then about one o'clock. The doors were opened. I supposed that then the proceedings of the House were substantially ended. I had no idea but that the House would, within five or ten minutes, adjourn, and as I had to walk from the Capitol to Seventh street, the cars having ceased to run, I went out in advance, as I supposed, of the House, with no intention to contemn the House, but for the purpose of getting as speedily as I could to my lodgings, where I knew I ought to be. If I had remained here during the subsequent sitting of the House, I do not believe that I could have attended here to-day.

I should perhaps have asked permission of the House before leaving; but I did not consider it necessary. It was rather a thoughtless act on my part to go away without asking permission; but I felt the necessity of going; so as soon as the doors were opened I did go.

Mr. KELLEY. I desire to ask the gentleman a question: whether it was not suggested to him, as he was about to go, that if he would remain for two or three minutes the question would be taken on the business before the House, and that then we could have an adjournment?

Mr. SPALDING. I have no recollection of that; it may have been so.

Mr. KELLEY. I have a very distinct recollection of having made that suggestion.

Mr. SPALDING. If so, I replied that I could not remain longer. I was almost in a condition to sink in my seat.

Mr. FARNSWORTH. I do not suppose that any gentleman knew that the business would be concluded in two or three minutes.

Mr. KELLEY. I gave such notice to the gentleman, and received from him a very angry and indignant answer.

Mr. HUBBARD, of Connecticut. I heard the gentleman from Ohio remark, as he left the Hall, that, unless he left immediately, he did not believe he would be able to come here to-day.

Mr. COX. As my colleague has stated that he was so ill last night that he felt ready to sink in his seat, I think that he should be unconditionally excused, as have been others who were sick.

Mr. A. W. CLARK. I know that the gentleman came here last night when he really should have remained away.

Mr. RADFORD. I move that the gentleman be excused on paying a fine of $12 50, in addition to the usual fees.

Mr. DAVIS, of New York. I desire to ask whether the gentleman from Ohio asked permission to absent himself from the House.

Several MEMBERS. He has said that he did not. The question recurred on Mr. RADFORD's motion.

Mr. ROSS. I move to amend by making it five dollars.

Mr. COX. I hope that this police court business will stop.

The amendment was rejected.

Mr. BROOMALL. I move to amend that he be excused on the payment of the usual fees. The amendment was agreed to.

The motion, as amended, was then adopted. JOHN T. STUART.

The Sergeant-at-Arms stated that Mr. STUART was reported to be absent from the city. L. D. M. SWEAT.

The SPEAKER. Mr. SWEAT, you have been absent from the sitting of the House without its leave. What excuse have you to offer?

Mr. SWEAT. Mr. Speaker, when I left the House yesterday afternoon I was aware there would be an evening session, but it was not my purpose to attend it, neither would it be my purpose to attend this evening if there were to be a session, because for the past week I have been laboring under such a severe cold that it would be not only imprudent but unsafe to have exposed myself. I was not confined to my room. I will add that I received no notification that my presence was desired.

Mr. DAWSON I move that the gentleman be unconditionally excused.

The motion was agreed to.

ROBERT B. VAN VALKENBURGH.

The SPEAKER. Mr. VAN VALKENBURGH, you have been absent from the House without its leave. What excuse have you to offer?

Mr. VAN VALKENBURGH. Mr. Speaker, I have no excuse to offer. I have been unwell for a few days, but was able to be here.

Mr. ROLLINS, of Missouri. Was the gentleman sick?

Mr. VAN VALKENBURGH. 1 was able to gentleman has paid his fine I will answer all of attend, but did not deem it prudent. When the his questions.

Mr. GARFIELD. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.

EDWIN H. WEBSTER.

The Sergant-at-Arms stated that Mr. WEBSTER had been present, but had been called to attend Senator Hicks who was lying dangerously ill.

WILLIAM G. STEELE.

The SPEAKER. Mr. STEELE, you have been absent from the House without its leave. What excuse have you to offer?

Mr. STEELE, of New Jersey. Mr. Speaker, I was present last evening until about one o'clock. I had been suffering some two hours prior to that, and as soon as the call was suspended I went home, not believing that there would be another call. I could not have remained longer.

Mr. HOLMAN. I move that the gentleman be unconditionally excused.

Mr. FARNSWORTH. I do not understand that that is a question of privilege, or that going out of the House constitutes disorder.

Mr. MORRILL. I suggest, as the gentleman from Illinois is not present, that the resolution be withdrawn.

The SPEAKER. The Chair is of the opinion that it is a question of privilege, as a charge is made by one member against another for violating the rules of the House.

Mr. GARFIELD. Inasmuch as the gentleman from Illinois is not present, I move that the further consideration of the resolution be postponed until one o'clock to-morrow.

Mr. FARNSWORTH. It must be submitted to the House whether it is a question of privilege.

The SPEAKER. In a case where the Chair doubts, he has the right to submit it; but here the Chair holds this to be a question of privilege, as a charge is made by one member against another. The Chair expresses no opinion whether the fact is true or not.

Mr. FARNSWORTH. I move that the resolution be laid on the table.

Mr. ELDRIDGE. I move that the House do now adjourn.

Mr. J. C. ALLEN. If we adjourn what becomes of the resolution?

The SPEAKER. As the House has resolved that there shall be a morning hour every day except Monday, it will come up to-morrow after the morning hour.

Mr. MORRILL. I think we had better have a vote upon this to-night, and not consume another day with this matter.

Mr. ELDRIDGE. I move that the House do now adjourn.

The motion was agreed to.

The House accordingly (at twenty minutes past five o'clock, p. m.) adjourned.

IN SENATE. SATURDAY, February 11, 1865. Prayer by Rev. B. H. NADAL, D. D.

On motion of Mr. FOOT, and by unanimous consent, the reading of the Journal was dispensed with.

COMMITTEE SERVICE.

The PRESIDENT pro tempore appointed Mr. RAMSEY to supply the vacancy on the Committee to Audit and Control the Contingent Expenses of the Senate occasioned by the absence of Mr. HARDING.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a letter of the Secretary of State, transmitting, in obedience to law, a report on the commercial relations of the United States with foreign nations for the year ending September 30, 1864.

Mr. MORGAN. It has heretofore been necessary to pass a resolution of the Senate in relation to the number of copies to be printed of this document, but by the fifth section of the act passed at the last session to facilitate and expedite the public printing, the number to be printed is provided for. No motion to print is necessary, therefore. I move that the communication lie on the table. The motion was agreed to.

The PRESIDENT pro tempore also laid before the Senate a letter of the Secretary of the Navy, communicating the report of the commission appointed under the joint resolution of Congress, approved June 30, 1864, "to select the most approved site for a navy-yard or naval station on the Mississippi river, or upon one of its tributaries," and recommending an appropriation to cover the expenses of the commission; which was referred to the Committee on Naval Affairs, and ordered to be printed.

The motion was agreed to.

Resolved, That Hon. E. B. WASHBURNE, in leaving the Hall without permission, pending a call of the House, at its session Tuesday evening, February 9, was guilty of disorderly conduct, and deserves the censure of the House.

printed.

CREDENTIALS PRESENTED.

Mr. CLARK presented the credentials of Hon. AARON H. CRAGIN, chosen by the Legislature of

the State of New Hampshire a Senator from that State for the term commencing March 4, 1865; which were read, and ordered to be filed.

PETITIONS AND MEMORIALS.

Mr. RAMSEY presented the memorial of the Legislature of Minnesota, in favor of an additional grant of lands to aid in the completion of the several lines of railroad and branches in that State, mentioned in the act of Congress approved March 3, 1857, and for an extension of the time limited therein; which was referred to the Committee on Public Lands, and ordered to be printed.

He also presented a resolution of the Legislature of Minnesota, in favor of additional relief to the sufferers from the Sioux Indian war of 1862;|| which was referred to the Committee on Indian Affairs, and ordered to be printed.

He also presented a petition of officers in the military service of the United States, praying for an increase of compensation; which was referred to the Committee on Military Affairs and the Militia.

Mr. WILLEY presented the petition of Jane Clark, of Washington city, District of Columbia, praying compensation for a house and lot seized and confiscated by the Government under the act of July 17, 1862; which was referred to the Committee on Claims.

Mr. HARRIS presented a petition of citizens of the city of New York, praying for the passage of the bill to establish a uniform system of bankruptcy throughout the United States; which was ordered to lie on the table.

Mr. HOWARD presented the memorial of J. W. Sheldon, claim agent in the city of Washington, praying for the payment of bounty to veterans and other recruits belonging to the thirteenth and fourteenth Michigan batteries, promised them by recruiting officers; which was referred to the Committee on Claims.

Mr. HENDERSON presented resolutions of the Legislature of Missouri, in favor of mustering out volunteers recruited under promise of discharge at the expiration of the term of service of their respective regiments in accordance with such promise; which were referred to the Committee on Military Affairs and the Militia.

He also presented five petitions of citizens of Missouri, praying for the establishment of a daily mail route from Macon City, Missouri, to Keosoqua, Iowa; which were referred to the Committee on Post Offices and Post Roads.

Mr. SUMNER. I present a memorial of the executive committee of the board of delegates of the American Israelites, who represent that they are a permanent executive committee of conference, representing about forty congregations of Israelites in various parts of the United States, and have been appointed to watch over all occurrences which may interest the Israelites in their social, religious, and political concerns. As such they come forward at this juncture, they say, to protest energetically against the amendments to the preamble of the Constitution of the United States prayed for in the memorial of the Presbytery of Cincinnati, dated December 12, 1864, and signed by A. J. Reynolds, and twentyone others, and against any changes in the various articles of the Constitution to make them agree with the amendment suggested by a conference of ministers and laymen of various denominations held at Philadelphia on the 29th and 30th of November, 1864, and which, they say, no doubt, have been or will be presented to Congress at this or the next session. They set forth at length in their memorial their objections to any such constitutional amendment, and they invoke the example and spirit of our fathers at the adoption of the Constitution against all religious tests and disabilities. The memorial is signed by Isaac Leeser, the first vice president and acting president, Henry Josephi, chairman of the executive committee, and Myer S. Isaacs, secretary; and it bears the seal of the board of delegates of the American Israelites. As this relates to a proposed amendment of the Constitution, I move that the memorial be referred to the Committee on the Judiciary. The motion was agreed to.

BILL RECOMMITTED.

Mr. RAMSEY. I move that the bill (S. No. 373) to aid in the construction of a telegraphic line from St. Cloud, in Minnesota, to the British

possessions, which is now lying on the table, be recommitted to the Committee on Public Lands. The motion was agreed to.

REPORTS OF COMMITTEES.

Mr. SHERMAN. The Committee on Finance, to whom was referred the bill (H. R. No. 676) making appropriations for the naval service for the year ending June 30, 1866, have directed me to report it, with amendments; and I give notice that I hope to get it up for action on Tuesday

next.

Mr. WILSON, from the Committee on Military Affairs and the Militia, to whom was referred the joint resolution (H. R. No. 139) of thanks to Major General George H. Thomas and the army under his command, reported it without amend

ment.

Mr. POMEROY, from the Committee on Claims, to whom was referred the petition of George J. Stubblefield, praying payment for chewing tobacco delivered by him to the United States at Atlanta, Georgia, and issued to the army under General Sherman, reported a joint resolution (S. R. No. 109) authorizing the adjustment of the claim of George J. Stubblefield for chewing tobacco furnished the United States; which was read, and passed to a second reading.

Mr. HENDERSON, from the Committee on Finance, submitted a letter from the Secretary of the Interior to the chairman of the Committee on Finance recommending a reorganization of the clerical force in the office of the Commissioner of Indian Affairs; which was referred to the Committee on Indian Affairs.

Mr. CLARK, from the Committee on Claims, to whom was referred a memorial of William Pierce, of San Francisco, California, praying an issue to him of duplicate bonds in place of four Oregon war bonds lost by the burning of the steamer Golden Gate on the 27th day of July, 1862, submitted a report, accompanied by a bill (S. No. 442) for the relief of William Pierce. The bill was read and passed to a second reading, and the report was ordered to be printed.

Mr. TRUMBULL. The Committee on the Judiciary, to whom was referred the bill (H. R. No. 748) providing for a bust of the late Chief Justice Taney, to be placed in the room of the Supreme Court of the United States, have instructed me to report it back without amendment, and with a recommendation that it pass; and as that is the only object of the bill, I ask for its present consideration.

Mr. SUMNER. I must object to the consideration of the bill now.

The PRESIDENT pro tempore. Objection is made, and it cannot be considered.

CHANGE OF NAME.

Mr. HALE. I am instructed by the Committee on the Judiciary, to whom was referred the petition of Dorsey Edwin William Towson for a change of name, to report a bill for his relief. As it is a very simple proposition to change the name of an individual, and relates to nothing else, and there are numerous instances of this jurisdiction being exercised by Congress, I am instructed to ask that the bill be considered now.

By unanimous consent the bill (S. No. 439) to change the name of Dorsey Edwin William Tow son to that of Dorsey Edwin William Carter, was read three times, and passed.

Mr. HALE. It has been suggested to me that for the purpose of showing jurisdiction on the face of the bill, the individual should be described in the title as of Georgetown, in the District of Columbia. I therefore move to amend the title by inserting after the word " Towson" the words "of Georgetown, in the District of Columbia."

The PRESIDENT pro tempore. The amendment will be made, if there be no objection. The

Chair hears none.

TREATMENT OF COLORED REFUGEES. Mr. DOOLITTLE submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Secretary of War be requested to furnish, for the informaton of the Senate, the report of Hon. Thomas Hood and Hon. S. W. Bostwick, special commissioners appointed to investigate and report upon the condition and treatment of colored refugees in Kentucky, Tennessee, and Alabama, lately made to the War Depart

ment.

BILLS INTRODUCED.

Mr. BROWN asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 437) to continue in the service of the United States certain troops in the State of Missouri; which was read twice by its title, referred to the Committee on Military Affairs and the Militia, and ordered to be printed.

Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 438) relative to the railroad bridge across the Mississippi river, from Rock Island, in the State of Illinois, to Davenport, in the State of Iowa, and to establish and declare the same a post route; which was read twice by its title, and referred to the Committee on Post Offices and Post Roads.

Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 440) to define the jurisdiction of the district and circuit courts of the United States for the districts of California, Oregon, and Nevada; which was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. HOWE asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 441) to enlarge the canals and improve the navigation of the Fox and Wisconsin rivers, from the Mississippi river to Lake Michigan, for military and naval purposes; which was read twice by its title, and referred to the Committee on Military Affairs and the Militia.

Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No. 110) creating a Committee on Damages; which was read twice, and referred to the Committee on Claims.

MEETINGS OF CONGRESS.

Mr. FOOT. I offer the following resolution:

Resolved, That the compilation of the provisions of the Constitution and laws of the United States for fixing the time for the meeting or sessions of Congress and of the extra sessions of the Senate, and the practice under the same, from the 4th of March, 1789, to the present time, prepared by the Chief Clerk of the Senate, be printed.

This resolution, under the rule, will go to the Committee on Printing. I will remark, in a word, that this compilation of the provisions of the Constitution and the laws and practice of the Government upon that subject, from the beginning of the Government to the present time, has been performed by the Chief Clerk of the Senate at the request of one or two members of this body, to which he responded with promptness; and that request was made on account of his well-known and acknowledged long experience and intimate acquaintance and familiarity with the laws, prac tice, and precedents of the Government on that question.

The resolution was referred to the Committee on Printing.

DISTRICT OF COLUMBIA BUSINESS.

Mr. DIXON. The Senate assigned this day after the morning hour for the consideration of the business of the District of Columbia. As there is an important appropriation bill before the Senate, which it is understood we are to take up at one o'clock, I propose that the Senate devote the morning hour to District business.

Mr. SUMNER. I hope not; there is some other business we want to do this morning.

Mr. DIXON. In order to test the sense of the Senate on that subject, I move to postpone all prior orders and take up Senate bill No. 393. The motion was agreed to.

TAXES IN GEORGETOWN.

The Senate accordingly, as in Committee of the Whole, proceeded to consider the bill (S. No. 393) to authorize the corporation of Georgetown to levy certain taxes. It proposes to empower the corporation of Georgetown to levy and collect, in the same manner in which other taxes are levied and collected in that town, an annual tax not to exceed, in any year, fifteen hundredths of one per cent. of the assessed value of the taxable property in the town, to be applied to the payment of the interest and the extinction of the principal of the debt recently contracted by the corporation in filling its quota under the several drafts for troops made during the present war. The corporation is also further authorized and empowered to levy and collect, in the same manner, a sum sufficient

to pay the town's proportion of the direct tax imposed on the District of Columbia by the act of Congress, approved August 5, 1861, and the cost and expenses of collecting the same.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

COLUMBIA INSTITUTION.

On motion of Mr. DIXON, the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 421) to amend an act entitled "An act to incorporate the Columbia Institution for the instruction of the deaf and dumb and the blind," approved February 16, 1857. It proposes to repeal so much of the act of February 16, 1857, as requires the teaching of the blind in that institution, and the corporate name and style thereof is hereafter to be the Columbia Institution for the instruction of the Deaf and Dumb." The Secretary of the Interior is authorized to cause all indigent blind children who are now, or might hereafter become entitled, under the law as it now exists, to instruction in the institution, to be instructed in some institution for the education of the blind in Maryland or some other State, at a cost not greater for each pupil than is, or may be, for the time being, paid by such State, and to cause the same to be paid out of the Treasury of the United States. This act is to take effect from and after the 30th of June, 1865.

Mr. DIXON. In the third line of the second section I propose to strike out the word "might" and to insert the word "may."

The amendment was agreed to.

The bill was reported to the Senate as amended; and the amendment was concurred in. The bill

was ordered to be engrossed for a third reading, read the third time, and passed.

FREEDMEN'S BUREAU..

Mr. SUMNER. I now ask the Senate to be good enough to take up the report of the confer. ence committee made yesterday, relative to the disagreeing votes of the two Houses on the bill (H. R. No. 51) to establish a Bureau of Freedmen's Affairs.

Mr. DIXON. I will suggest to the Senator from Massachusetts that as we are now upon the business of the District of Columbia, we had better proceed with it. I do not think it will take more than ten minutes.

Mr. SUMNER. After this report is acted upon, those bills can be taken up.

Mr. SAULSBURY. I wish to raise a point of order. By an inspection of that report, it appears that the committee of conference, instead of considering the points in dispute between the two Houses, have reported an entirely new bill. I raise the point of order against the reception of the report, if it is not too late. Only a session or two ago when a committee of conference of this body, at the head of which was the Senator from Connecticut, [Mr. FOSTER,] attempted, or did, in fact, incorporate something in their report which was not the subject of disagreement between the two Houses, the Senate by a decisive vote rejected the report because the committee had not the power to consider anything except what had been in dispute or controversy between the two Houses.

The PRESIDENT pro tempore. The Chair will suggest to the Senator from Delaware, that if he raises a point of order it must be decided without debate.

Mr. SAULSBURY. I was only stating the point.

The PRESIDENT pro tempore. And the Chair is of opinion that the objection comes too late, the report having been entertained by the Senate; but the whole question will be before the Senate on the consideration of the report.

Mr. DAVIS. Mr. President

Mr. SUMNER. The question is only on taking it up now.

Mr. DAVIS. I object to the report being taken up.

The PRESIDENT pro tempore. The question is on the motion of the Senator from Massachusetts to take up the report for consideration.

Mr. SAULSBURY. On that question I call for the yeas and nays.

The yeas and nays were ordered.

Mr. SAULSBURY. All I wish to say is sim

ply this: there has been no printed copy of that report laid upon the tables of Senators. It is true that I this morning got hold of the report and glanced over it; but I have seen no copy of it upon the tables of Senators; and I assign this as a reason why it should not be taken up. It cannot be passed to-day, I presume.

Mr. SUMNER. The Senator is entirely mistaken. The printed copy was on his table a week ago. It was on the table of every Senator a week ago.

Mr. SAULSBURY. I am not aware that the Senator from Massachusetts inspects my table to see what is on it. I have never seen it if it has been there. If he knows the fact, it is more than I do.

Mr. HALE. I wish to make an inquiry. This day was assigned for the consideration of bills relating to the District of Columbia, and there are several such bills that are not acted upon. I understand that the chairman of the Committee on the District of Columbia, in consideration of the fact that the chairman of the Committee on Finance has an appropriation bill which he wants to press to-day, consented to waive that assignment if he might have the morning hour for the purpose of passing his bills; and I desire to know whether, if this report be taken up, those bills will be postponed, contrary to the assignment of the Senate.

The PRESIDENT pro tempore. The Chair will remark that it is in the power of the Senate to make the order of its business.

Mr. SUMNER. The Senator from Connecticut has got through with his bills.

Mr. HALE. No, he has not.

from New Hampshire that the special order will Mr. SHERMAN. I can say to the Senator be displaced necessarily by the unfinished business. That is the ordinary order of business; and I am very anxious to have the legislative appropriation bill passed to-day.

Mr. MORRILL. I should like to ask the Senator from Massachusetts whether he contemplates the consideration of the report at the present time, or whether his object is to assign a time for its consideration.

Mr. SUMNER. I supposed that the Senate would be ready to act upon it. I was not aware that it would be debated. It has been debated in both Houses until I thought each House was tired of it. There is but one single point in this bill that is new, which can be stated in one minute, so that the Senate can be in complete possession of the whole question. I assume that Senators wish to expedite public business, especially when it con

cerns an important measure.

Mr. MORRILL. The Senator is advised already that this bill will not pass without debate. The Senator from Delaware intimates that he shall debate it through the day. Others will debate it also. The Senator from Massachusetts knows very well that this day was set down for the business of the District of Columbia, upon which we are now engaged; and I submit whether it is proper to antagonize this bill under these circumstances with that business.

Mr. SUMNER. If it is more agreeable to the Senate, I will have it made the special order for half past twelve o'clock on Monday.

* Mr. MORRILL. I believe there is already an assignment for Monday.

Mr. SUMNER. Not in the morning hour. Mr. CONNESS. Do not put it in the morning

hour.

Mr. SUMNER. Then the Senator postpones it indefinitely.

The PRESIDENT pro tempore. The question is on taking up the report, upon which the yeas and nays have been ordered.

Mr. MORRILL. I suggest to the Senator from Massachusetts to assign it for Monday.

Mr. SUMNER. In compliance with the Senator's suggestion, I will have it taken up and made the special order for Monday next at one o'clock.

The question being taken by yeas and nays, resulted-yeas 25, nays 11; as follows:

YEAS-Messrs. Brown, Chandler, Clark, Collamer, Conness, Dixon, Farwell, Foot, Foster, Grimes, larris, Howard, Howe, Morgan, Morrill, Nye, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Ten Eyck, Trumbull, Wade, and Wilson-25.

NAYS-Messrs. Cowan, Davis, Henderson, Hendricks,

Johnson, Lane of Indiana, Nesmith, Powell, Riddle, Saulsbury, and Willey-11.

ABSENT-Messrs. Anthony, Buckalew, Carlile, Doolittle, Hale, Harding, Harlan, Hicks, Lane of Kansas, McDougall, Richardson, Sprague, Van Winkle, Wilkinson, and Wright-15.

to.

So the motion to take up the report was agreed

The PRESIDENT pro tempore. The report is now before the Senate.

Mr. SUMNER. Now, in deference to the sentiments of Senators, contrary to my own convictions of duty, I may say, I shall move that it be postponed to Monday next, and made the special order for that day at half past twelve o'clock. Mr. CHANDLER. Oh, no; I have got a special order for Monday.

Mr. SUMNER. That is at one o'clock. The motion was agreed to, there being, on a division, ayes twenty-seven, noes not counted.

OPENING OF SIXTH STREET WEST.

Mr. DIXON. I now move to take up House bill No. 364.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 364) authorizing and requiring the opening of Sixth street west. It requires the corporate authorities of the city of Washington. to open Sixth street west, from the canal to Maine avenue, under the direction of the Commissioner of Public Buildings, in accordance with the plan approved in May, 1822, by James Monroe, then President of the United States.

The bill was reported to the Senate without amendment.

Mr. GRIMES. I move to amend the bill by adding the following proviso:

Provided, however, That Sixth street, through the public ground known as the Armory square, shall not be opened until after the removal of the Armory hospital from such public ground, or until the consent of the Secretary of War and Surgeon General of the United States Army shall be first had and obtained.

Mr. DIXON. There is no objection, I believe, to that amendment.

Mr. JOHNSON. I want to know of the honorable member from Iowa whether he requires the assent of the Surgeon General as well as the Secretary of War?

Mr. GRIMES. I did insert that in the amendment. Mr. JOHNSON. It seems to me rather singular.

Mr. GRIMES. I will state, in one word, why I have offered the amendment. I have had no consultation with the Surgeon General on the subject of opening Sixth street since last summer. This bill was then before the Committee on the District of Columbia, of which I was at that time a member; and he objected, and wrote me a letter in opposition to the passage of the bill because it would interfere with the hospital there. I went myself and examined the grounds, and I was satisfied that there would not be a compensating advantage to the Government or to the city in opening the street at this time. My object is simply to save the hospital there.

Mr.JOHNSON. The Senator misunderstands me. I do not think it should be authorized without the consent of the Secretary of War; but why should not his consent be sufficient? I cannot imagine why you should also require the assent of the Surgeon General.

Mr. MORRILL. It should be properly the Surgeon General alone.

Mr. GRIMES. I am willing to strike out" the Secretary of War," and leave the proviso so as simply to require the assent of the Surgeon General.

The PRESIDENT pro tempore. Does the Senator so modify his amendment?

Mr. GRIMES. Yes, sir; I will modify it by striking out the words "Secretary of War and." The PRESIDENT pro tempore. It will be so modified.

The amendment, as modified, was agreed to. The amendment was ordered to be engrossed, and the bill to be read a third time. It was read the third time, and passed.

EXCHANGE OF PRISONERS.

Mr. WADE. I ask the consent of the Senate to make a short report from the committee on the conduct of the war. It is the testimony of Lieuchange of prisoners. I believe it will save many tenant General Grant on the subject of an exinquiries on that subject.