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plished what I desired to accomplish by presenting it to the House, and that is, to call attention to it. It may be important to have a decision on it by a full House at some other time, so that we may know what power the House has to enforce the attendance of its members. Inasmuch as I have accomplished my present purpose, and in order that it may be determined whether the House is in a humor to adjourn, I withdraw my appeal.

The SPEAKER. The Chair has no pride of opinion on this question, and as the House has discussed the point at some length, he would be glad to have it decided now.

Mr. WILSON. I do not want so important a question decided by so thin a House. I therefore withdraw my appeal from the decision of the Chair.

Mr. HUBBARD, of Iowa. Is it not competent for the House to-morrow, when we have a quorum, to adopt a resolution of censure in reference to these members whose absence has kept us here to-night? I ask whether that will not consummate all that can be consummated by any proceeding we may take?

The SPEAKER. The Chair will not decide a question of that gravity before it comes up. Mr. HUBBARD, of lowa. I see no propriety in our staying here all night to bring in absent members. I am pretty well satisfied that when the House has a quorum it will assert its dignity.

A Deputy Sergeant-at-Arms appeared at the bar, having in custody Messrs. McDowELL, STEELE of New York, MCKINNEY, and J. W. WHITE.

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

Mr. McDOWELL. I have been in attendance but few hours during the last four days on account of illness. I have been quite unwell, and do not think I have slept two hours in the last three or four nights.

The SPEAKER. It seems to be a mistake that the gentleman was brought here, as he was excused by the House. The gentleman is not under arrest properly, and is discharged.

Mr. CRAVENS. He was excused on my motion.

Mr. ELDRIDGE. Was his name in the warrant of arrest?

The SPEAKER. All those excused for cause upon the first call were excused upon the second call. In consequence of the fewness of the clerks to-night, the Clerk of the House himself came in and made out the warrant, and this mistake has accidentally crept in.

Mr. ELDRIDGE. Was Mr. McDoWELL'S name in the warrant?

The SPEAKER. The Sergeant-at-Arms has the original warrant.

Mr. ELDRIDGE. We seem to be proceeding in a loose way.

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

Mr. STEELE, of New York. I am not very well at any time, and not being as well as usual to-night, I remained at home.

Mr. O'NEILL, of Pennsylvania. I move that the gentleman be excused unconditionally.

Mr. JOHNSON, of Pennsylvania. As these men are all Democrats, and all "disloyal," of the same class which has been brought here heretofore, I move that they be committed to the Old Capitol prison. It seems that the Sergeant-atArms cannot find any other class of members.

The SPEAKER. The Chair finds nothing in the rules authorizing that motion to be made. Mr. GARFIELD. Isecond the motion of the gentleman from Pennsylvania, [Mr. O'NEILL.] The question was taken on Mr. O'NEILL'S motion, and it was agreed to; and Mr. STEELE, of New Jersey, was excused.

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

Mr. MCKINNEY. I was asleep. Mr. DAVIS, of New York. I move that the gentleman be excused unconditionally. The motion was agreed to.

Mr. MORRILL. As there seems to have been some imputation cast on the Sergeant-at-Arms, it

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is just to say that I have been informed by him that he did not assume to arrest any member forcibly, but that he gave any member whom he found notice to come here.

Mr. JOHNSON, of Pennsylvania. It requires more explanation than that. Fifteen or twenty men have been brought here and not one Republican. I say that it is an outrage upon decency and upon the dignity of this side of the House. The SPEAKER. The gentleman is not in order.

Mr. JOHNSON, of Pennsylvania. There are men here who will resent it here and elsewhere. The SPEAKER. Mr. JOSEPH W. WHITE, You have been brought here through a mistake which the Chair much regrets. You are discharged from custody.

Mr. HIGBY. I move to reconsider the vote by which Mr. MCKINNEY was excused. I do it for the reason that I do not believe in excusing any man who is brought here unless he has an excuse; and I believe in staying here until the men who went from this side of the House are brought back into the House and punished. I hope that members on this side of the House will stay here until that is done.

The excuse that the Sergeant-at-Arms did not attempt to force any member to come here amounts to nothing. If he has any power, it is his duty to force members to come here.

Mr. DAVIS, of New York. I made the motion to excuse Mr. MCKINNEY upon this ground. It was stated that the Sergeant-at-Arms had notified members on both sides of the House to appear. It seems that gentlemen upon this side of the House did not obey that notice, and that gentlemen upon the other side of the House did obey it like men, and on that account I am in favor of excusing them.

Mr. ELDRIDGE. I desire to inquire if the name of Mr. JOSEPH W. WHITE is in the warrant of arrest.

The SPEAKER. The Chair supposes that his name is in the warrant of arrest, erroneously. It should have been erased, as he was excused.

Mr. ELDRIDGE. Is the warrant returned? The SPEAKER. It is not, because the officers are still executing it.

Mr. HIGBY. I only desire to say a word more, in order that I may be correctly understood. I did not make the motion to reconsider out of any feeling toward any one particular member or any class of members. But I think we should not trifle with any member who comes here without an excuse. I hope we shall stay here until we accomplish the object for which we are staying, and that is to bring members into this House. will now withdraw the motion to reconsider, as gentlemen upon this side of the House seem to be tender-footed about it.

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

Mr. HERRICK. I did not feel very well; I had a headache and I went to bed. As soon as I got the notice from the Sergeant-at-Arms, I dressed myself and came here.

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

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

The amendment was agreed to.

Mr. KELLEY's motion as amended was then adopted, and Mr. HERRICK was excused on paypayment of fees.

Mr. COX. If I understand the statement of the Speaker in regard to the returns made here, it is the custom for the Sergeant-at-Arms to leave a notice for members to come here and consider themselves under arrest. That is not the way in which process is generally served. The members who are in contempt of this House will never appear; we may stay here till morning and the members of the majority will not appear. We are punishing ourselves simply for the purpose of bringing in Democratic members who do obey this notice to appear. I hope the Speaker or the House will direct the Sergeant-at-Arms, their own agent, to bring these men here in person by arrest, and let us understand whether their contempt of this House is to pass by with perfect immunity. It is a perfect farce and sham, and we ought to adjourn at once if that is not done. Does the

Sergeant-at-Arms undertake to favor members of the House because he wishes to be reëlected to his office? Is that the idea? I hope not.

Mr. KELLEY. Will the gentleman yield to me for a moment?

Mr. COX. Certainly.

Mr. KELLEY. I was going to put the question to the gentleman whether, if he was a candidate for reëlection, he would like to give offense to men who were going into caucus to choose candidates.

Mr. COX. If I were a candidate for election I would do my duty everywhere, even if I were to injure my prospects by it.

A special messenger appeared at the bar of the House having in custody Mr. ROLLINS, of New Hampshire, and Mr. DONNELLY.

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

Mr. ROLLINS, of New Hampshire. I have not any excuse.

Mr. A. MYERS. I move that the gentleman from New Hampshire be excused unconditionally. Mr. RADFORD. I move to amend by say"on payment of the regular fee."

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Mr. SCOFIELD. I would like to inquire whether the member was notified before by the Sergeant-at-Arms and neglected to attend, or whether he evaded the Sergeant-at-Arms.

Mr. ROLLINS, of New Hampshire. Mr. Speaker, shall I reply to the gentleman?

The SPEAKER. The gentleman may do as he pleases in that respect.

Mr. ROLLINS, of New Hampshire. I reported here immediately on being notified by the Sergeant-at-Arms.

Mr. LOAN. I wish to inquire of the Chair whether we have authority to take any action in regard to this matter; whether it must not be disposed of by the House, and not by a less number than a quorum?

The SPEAKER. Under the rules of the House a minority has a right to determine whether a member shall be excused, with or without the payment of the usual fee.

The question was taken on Mr. RADFORD'S amendment; and it was agreed to.

The question was taken on the motion as amended, and it was agreed to.

Mr. TOWNSEND. Mr. Speaker, I move, even at this early hour, that the action of the House in regard to all these fines be made uniform. There have been some singular discrepancies in our action, and gentlemen must naturally feel hurt about it. The fines are to result to the benefit of the Sergeant-at-Arms for the performance of his duty. As we have been here from ten o'clock till now, half past two, and have not yet got a quorum, it strikes me that all these fines may very properly be dispensed with.

Mr. GARFIELD. I hope that will not be done. Each one of these cases has come up and been disposed of on its own merits. There have been very different circumstances attending the recent cases in comparison with those in the early part of the evening. It would be very unjust to say that a member, having had two notifications from the Sergeant-at-Arms, occupies the same position as the member who has had but one call. The cases that will come before us from this time out will probably be very different from the cases already passed upon. Mr. BALDWIN, of Massachusetts. Mr. Speaker, is the motion of the gentleman from New York [Mr. TowNSEND] in order?

The SPEAKER. The Chair thinks that it is not in order.

Mr. ROLLINS, of New Hampshire. I desire to say, in justice to the Sergeant-at-Arms, that I have been informed that he called at my rooms once or twice while I was absent, and of course he could not find me.

Mr. STEELE, of New York. And I desire to say that I have been in my room all the evening, and came here as soon as I was notified.

Mr. JOHNSON, of Pennsylvania. I understand the Chair to decide that it is not competent for the House, as at present constituted, to go back and remit all the penalties that it has imposed. It seems to me to be so manifestly unjust that these persons should be required to pay the fees

of the Sergeant-at-Arms that I feel constrained to take an appeal from the decision of the Chair. The SPEAKER. The Chair has ruled that each of these cases has been decided on its own merits; that the House has complied with the rules and exhausted its powers by assessing penalties; that it is not now in order to go back and make a sweeping rule applying to all the absentees who have been brought up-the fees vesting in the Sergeant-at-Arms by a vote of the Houseand that therefore the motion of the gentleman from New York [Mr. TOWNSEND] is not in order. From that decision the gentleman from Pennsylvania [Mr. JOHNSON] appeals. The question is, Shall the decision of the Chair stand as the judgment of the House?

The question was taken, and the decision of the Chair was sustained.

Mr. ANCONA (at two o'clock and thirty minutes) moved that the House adjourn.

The motion to adjourn was not agreed to.

Mr. ROSS. I have understood the Chair to decide that after a quorum has been ascertained to be present we can proceed to act upon the cases of absent members.

The SPEAKER. The Chair has read the precedent.

Mr. ROSS. Then I suggest that we dispense with further proceedings under the call of the House, and proceed to act upon the cases of absent members. If no question is raised it may be assumed that there is a quorum present.

The SPEAKER. As soon as any question is taken by yeas and nays, or by a division, and it is shown that no quorum is present, then the House will be as competent to adopt resolutions as before the calls.

Mr. HUBBARD, of Iowa. I would suggest that the Chair count the House in order to see whether there is a quorum present.

The SPEAKER having done so, announced that the Chair could count but eighty-nine members present.

The Sergeant-at-Arms now appeared at the bar of the House, having in custody Messrs. YEAMAN and DONNELLY.

The SPEAKER. Mr. YEAMAN, you have been absent from the sessions of this House without its leave. What excuse have you to offer for being absent?

Mr. YEAMAN. I think I have a good excuse. This is the first time I have undertaken to be absent from this House when I knew it was in session, or that any business was to be transacted in it. I did know there was to be a session to-night, but I understood that it was to be for the consideration of unimportant items of the tax bill, and feeling a little wearied with the overmuch labor of the session, I spent the evening, from dinner time till about nine o'clock, reading the History of Civilization, a species of information which I thought members of this House stood very much in need of. [Laughter.] After that I undertook to practice some of the amenities of civilization by paying my respects to the distinguished Senator from New York, [Mr. MORGAN,] and finding the ice cream good, the punch good, the music good, and the ladies handsome -upon the whole a very civilized crowd-I remained there a little over time. That is all the reason I have to offer for being absent. I hope the House will excuse me.

Mr. RADFORD. I move that the gentleman from Kentucky [Mr. YEAMAN] be excused upon payment of the usual fees.

The motion was agreed to.

The SPEAKER then said: Mr. DONNELLY, you have been absent from the sessions of this House without its leave; what excuse have you to give for being absent?

Mr. DONNELLY. I believe I have no good excuse to offer. I will have to submit to the action of the House.

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

Mr. BROOMALL. I ask leave to submit the following resolution:

Resolved, That the Sergeant-at-Arms be directed to bring the members now absent without leave before the bar of this House at one o'clock to-morrow, or as soon thereafter as possible; and that they then be required to show cause why they should not be declared to be in contempt of the House, and abide the order of the House.

The SPEAKER. There has been no vote of the House yet taken by yeas and nays, to disclose the fact that there is a quorum present. The Chair cannot entertain the resolution until that fact has been shown.

Mr. KASSON. I would ask the gentleman from Pennsylvania [Mr. BROOMALL] to withdraw his resolution for the present, that I may move that the House now resolve itself into Committee of the Whole.

Mr. BROOMALL. I am willing to let the resolution remain until that has been done. The SPEAKER, Some vote must be taken to show the presence of a quorum.

Mr. NELSON. I move that the House adjourn, and upon that I call the yeas and nays. That will show that there is a quorum present.

The SPEAKER. The same thing might be shown by voting upon the motion to dispense with further proceedings under the call.

Mr. GARFIELD. If that motion is adopted then the doors will be opened, which we do not want done.

Mr. ANCONA. I demand tellers upon ordering the yeas and nays upon the motion to adjourn. That will show whether a quorum is present just as well as by any other vote. Tellers were ordered.

Messrs. ANCONA and THAYER were appointed

to act as tellers.

The SPEAKER. The Chair votes in the negative, making a quorum; and the motion is disagreed to.

Mr. BROOMALL. I now offer the following resolution:

Resolved, That the Sergeant-at-Arms be directed to bring the members now absent without leave before the bar of the House at one o'clock to-morrow, Friday, February 10, 1865, or as soon thereafter as possible, and that they then be required to show cause why they should not be declared in contempt of the House, and abide the further order of the House.

Mr. BALDWIN, of Massachusetts. I rise to a question of order. My point is this: if we adjourn after passing this resolution, will not the adjournment nullify it? Can we continue these proceedings beyond an adjournment?

The SPEAKER. On the 6th day of April, 1842, in the Twenty-Seventh Congress, after prolonged proceedings under a call, Mr. Landaff W. Andrews moved the following resolution:

Resolved, That all such members of the House as have not appeared in pursuance of the call of the House, and given satisfactory excuses, shall be fined the amount of the fees of the Sergeant at-Arms, subject to be released from the payment of the same on appearing hereafter and making such excuse as shall be deemed satisfactory to the House.

The attendance of a quorum having been secured, the Speaker entertained that resolution, and under the previous question it was adopted. Further proceedings under the call were then disreported-pensed with, the doors were opened, and the House adjourned. This is the precedent of the Twenty-Seventh Congress.

The House divided, and the tellers ayes 4, nays 86; no quorum voting. So the House refused to order the yeas and nays upon the motion to adjourn.

On the motion to adjourn there were, on a division-ayes 16, noes 72.

So the motion was not agreed to.

Mr. WILSON. For the purpose of ascertaining whether there is a quorum present, I move that further proceedings under the call be dispensed with, and on that motion I demand the yeas and nays.

66

The SPEAKER. The Chair, on reflection, thinks that the motion is not probably the proper one at the present time to carry out the evident wishes of the members. The rule declares that no motion, except to adjourn or with reference to the call, is ever entertained during a call." The motion to dispense with further proceedings under the call, if successful, would prevent further action in regard to absentees.

The Chair will state that his experience is that whenever there is barely a quorum present it is impossible to get a quorum to vote, except on a call of the yeas and nays.

Mr. TRACY. I move that the House now adjourn, and on that motion I demand the yeas and nays.

The yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 23, nays 68, not voting 89; as follows: .

YEAS-Messrs. James S. Brown, Cox, Cravens, Edgerton, Eldridge, John H. Hubbard, Hulburd, Ingersoll, Philip Johnson, Kalbfleisch, Littlejohn, McBride, McDowell, McKinney, James R. Morris, Amos Myers, Pendleton, Pruyn, Scofield, Shaunou, Tracy, Ward, and Joseph W. White-23.

NAYS-Messrs. Allison, Ames, Ancona, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Boutwell, Boyd, Broomall, Ambrose W. Clark, Cobb, Coffroth, Thomas T. Davis, Deming, Donnelly, Driggs, Eckley, Eliot, Finck, Frank, Garfield, Griswold, Hall, Charles M. Harris, Herrick, Higby, Holman, Asabel W. Hubbard, Kasson, Kelley, Orlando Kellogg, Knox, Loan, Long, Marvin, McAllister, McClurg, Middleton, Samuel F. Miller, Morrill, Morrison, Leonard Myers, Nelson, Odell, Charles O'Neill, John O'Neill, Perham, Pomeroy, Radford, John H. Rice, Edward H. Rollins, Ross, Starr, John B. Steele, Stiles, Strouse, Thayer, Townsend, Upson, William B. Washburn, Whaley, Wilder Wilson, Winfield, Woodbridge, Worthington, and Yeaman-68.

NOT VOTING-Messrs. James C. Allen, William J. Allen, Alley, Anderson, Arnold, Ashley, Bally, Blaine, Blair, Bliss, Blow, Brandegee, Brooks, William G. Brown, Chanler, Freeman Clarke, Clay, Cole, Creswell, Henry Winter Davis, Dawes, Dawson, Denison, Dixon, Dumont, Eden, English, Farnsworth, Ganson, Gooch, Grider, Grinnell, Hale, Harding, Harrington, Benjamin G. Harris, Hooper, Hotchkiss, Hutchins, Jenckes, William Johnson, Julian, Francis W. Kellogg, Kernan, King, Knapp, Law, Lazear, Le Blond, Longyear, Mallory, Marcy, McIndoe, William H. Miller, Moorhead, Daniel Morris, Noble, Norton, Orth, Patterson, Perry, Pike, Price, Samuel J. Randall, William II. Randall, Alexander H. Rice, Robinson, Rogers, James S. Rollins, Schenck, Scott, Sloan, Smith, Smithers, Spalding, William G. Steele, Stevens, Stuart, Sweat, Thomas, Van Valkenburgh, Voorhees, Wadsworth, Elihu B. Washburne, Webster, Wheeler, Chilton A. White, Williams, Windom, Benjamin Wood, and Fernando Wood -89.

No quorum voting.

Mr. BALDWIN, of Massachusetts. settles my point.

That

The SPEAKER. The Digest seems to correspond with this precedent; for it says:

"No motion except to adjourn, or with reference to the Cal, is ever entertained during a call.

"By an adjournment pending a call, all proceedings in the call are terminated; but where the House"This is now a House

"has previously passed an order specially directing otherwise, such special direction should doubtless be executed."

Mr. BROWN, of Wisconsin. I hope that the motion will be amended so as to make it Saturday.

Mr. BROOMALL. I demand the previous question.

Mr. BEAMAN. I ask the gentleman to withdraw the demand for the previous question for a

moment.

Mr. BROOMALL. Certainly.

Mr. BEAMAN. It seems to me, Mr. Speaker, that there is some little misapprehension about the proceedings in the case referred to. It appears that all further proceedings under the call were dispensed with. I do not understand that it is contemplated by the gentleman that all further proceedings under this call shall be dispensed with; on the contrary, I understand that the proceedings thus far are to be left in the state in which they are now, and that the Sergeant-at-Arms shall bring these absent members to-morrow morning.

The case instanced by the Speaker is not in point. Have the proceedings, so far as the call is concerned, been suspended? No; the Sergeantat-Arms is now out executing the order of the House. We are proceeding under the call. After the call was made we made an order to bring in absent members. Our officers are out executing that order, and by adjourning till to-morrow we do not suspend the proceedings under the call, which was the fact in the case cited by the Speaker. After the resolution passed for the purpose of bringing in absentees, then a further motion was made that all further proceedings under the call shall be suspended, and that motion was carried. I do not understand that it is proposed to suspend all further proceedings under this call, but that on the contrary we shall leave it where it is.

Mr. BROOMALL. I have only one remark to make. If the proceedings under the call be dispensed with-the proceedings which are now going on for the purpose of bringing absent members here at the present sitting-that, I understand, will not suspend the action of any resolution the House may pass, the question being put

and carried.

The SPEAKER. It matters little whether, when a motion to adjourn has been carried, all further proceedings under the call have been dispensed with or not, as the effect of the motion to

adjourn would dispense with all further proceedings under the call. It is declared in Barclay's Digest that by an adjournment, pending a call, all proceedings under the call are terminated; but where the House, that is, a quorum of the House, has previously passed an order specially directing otherwise, such special direction will doubtless be executed.

Mr. BEAMAN. It seems that that dictum was founded upon the case put by the Speaker; and if the case does not bear it out, it of course falls. This dictum, in Barclay's Digest, is based upon the decision in that case. Now, the case does not bear out the statement of the Digest.

The SPEAKER. The Chair differs with the gentleman from Michigan. In that case, as now, after a quorum appeared, a resolution as to absentees was proposed; and after its adoption all further proceedings under the call were dispensed

with.

Mr. BROOMALL. I insist on the demand for the previous question.

The previous question was seconded, and the main question ordered; and under the operation thereof the resolution was adopted.

Mr. WILSON moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. MORRILL moved that all further proceedings under the call be dispensed with. The motion was agreed to.

Mr. MORRILL. I suppose that the main purpose of this struggle will not be accomplished unless we spend a few moments in the Committee of the Whole on the state of the Union. I make the motion that the rules be suspended, and the House resolve itself into the Committee of the Whole on the state of the Union.

Mr. ROSS moved that the House do now adjourn.

The motion was disagreed to.

Mr. MORRILL's motion was agreed to.

The House accordingly resolved itself into the Committee of the Whole on the state of the Union, (Mr. POMEROY in the chair,) and proceeded to the consideration of the tax bill; the pending question being on the following amendment, moved by Mr. WASHBURNE, of Illinois:

And hereafter there shall be assessed and collected a tax of fifty cents per gallon on all domestic spirits on hand and for sale.

The committee divided; and there were-ayes 20, noes 72.

So the amendment was rejected.

The Clerk then proceeded with the reading of the bill. Mr. MORRILL. I move that the committee

do now rise.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. POMEROY reported that the Committee of the Whole on the state of the Union had, according to order, had under consideration the state of the Union generally, and particularly the tax bill, and had come to no resolution thereon.

And then, on motion of Mr. KELLEY, (at a quarter past three o'clock, a. m.,) the House adjourned.

IN SENATE.

FRIDAY, February 10, 1865.

Prayer by Rev. B. H. NADAL, D. D.

The reading of yesterday's Journal was, on motion of Mr. Foor, and by unanimous consent, dispensed with.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a report of the Secretary of the Treasury|| communicating, in compliance with a resolution of the Senate of January 23, 1865, statements showing the amount of public money deposited and the amount withdrawn from each of the national banks during each month from the date of their organization to June 30, 1864; which was ordered to lie on the table.

He also laid before the Senate a letter of the Secretary of the Interior, transmitting copies of correspondence relating to the payment in coin of the annuities of the Chippewas of Lake Superior,

as required by the treaty with them, and recommending that the appropriation be special, according to the terms of the treaty; which was referred to the Committee on Indian Affairs.

He also laid before the Senate a letter of the Secretary of the Interior, transmitting a copy of a communication dated the 14th ultimo, from the Commissioner of Indian Affairs, and accompanying extract from a letter of Hon. C. D. Poston, of September 1, 1864, in relation to expenses incurred by him while he was superintendent of Indian affairs in Arizona in supplying the Indians of that Territory with provisions upon which to subsist during the present winter, and recommending an appropriation to pay the indebtedness; which was referred to the Committee on Indian Affairs.

REPRESENTATION IN ELECTORAL COLlege. The PRESIDENT pro tempore also laid before the Senate the following message from the President of the United States:

To the honorable the Senate and

House of Representatives:

The joint resolution entitled "Joint resolution declaring certain States not entitled to representation in the Electoral College" has been signed by the Executive, in deference to the view of Congress implied in its passage and presentation to him. In his own view, however, the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal; and it is not competent for the Executive to defeat or obstruct that power by a veto, as would be the case if his action were at all essential in the matter. He disclaims all right of the Executive to interfere in any way in the matter of canvassing or counting electoral votes, and he also disclaims that, by signing said resolution, be has expressed any opinion on the recitals of the preamble, or any judgment of his own upon the subject of the resolution. ABRAHAM LINCOLN.

EXECUTIVE MANSION, February 8, 1865.

Mr. JOHNSON. That to me is a very extraordinary course for the President to pursue. I have no doubt his motives are perfectly correct and patriotic; but if his approval is necessary to give effect to the joint resolution, accompanying that approval with a disclaimer of any belief in the doctrines of the resolution is wholly inconsistent with his duty of approving or disapproving. I suppose nobody will contend for a moment that the resolution, if his approval is necessary, though approved in the way in which he has thought proper to approve it, is not just as effective as if he had approved it without saying a word on the subject.

It is, in my judgment, a reflection upon the Senate and upon Congress, although not so designed. If he is sincere (and of course I do not call in question his sincerity) in thinking that it was not a subject for the legislation of Congress, he ought to have disapproved the resolution; but in my judgment he is entirely wrong in point of law. It may be true, and perhaps to that extent is true, that in the absence of any legislation the two Houses of Congress, either acting in convention or acting separately, might establish for themselves rules by which they would be governed in admitting or excluding votes. But it is equally true, in my judgment, (and I speak it with all the deference that I can feel for the opposite opinion announced by the President,) that it is a subject over which Congress has a right to legislate in order to guard against the very mischiefs which would result from leaving the subject, without legislation, to be disposed of by the convention. This is not the first time in which it has been done.

The bill for the reconstruction of the seceded States was passed by an overwhelming vote in both Houses at the last session. The President, to be sure, did not return it with a qualified veto, or with any veto, or with any approval. There not being ten days between the passage of the bill and the adjournment of Congress, he had a right not to act upon it, and by not acting he put it out of the power of Congress to pass it; but immediately after Congress adjourned he issued a manifesto or a proclamation in which he said that, according to his view, there were some good things in the bill passed by Congress and some bad things; as far as they were good he would act upon them; as far as he considered them bad, or not as good as what he proposed himself, he would be governed by his own judgment.

It seems to me to be his clear and manifest duty and I speak it with no possible want of respect to him; I should say the same thing if any other man was in the presidential office to approve

or disapprove, and not to do it in part by way of approval and in part by way of disapproval. He reads us a lecture, virtually, in this paper. He says we have legislated on a subject with which we have nothing to do. It was for us to decide for ourselves whether it was within our jurisdiction, and we have decided. In the exercise of his constitutional power of acting upon all subjects submitted to him in the form of legislation he has a clear right to disapprove, if he thinks that he ought to disapprove, but not to take the course which he has adopted in this case, or to take the course which he adopted in the other case to which I have adverted.

The message was laid on the table.

BRITISH PRESENT TO CAPTAIN STELLWAGEN.

The PRESIDENT pro tempore also laid before the Senate the following message from the President of the United States:

To the Senate and House of Representatives:

I transmit to Congress a copy of a note of the 4th instant, addressed by J. Hume Burnley, Esq., her Britannic Majesty's charge d'affaires, to the Secretary of State, relative to a sword which it is proposed to present to Captain Henry S. Stellwagen, commanding the United States frigate Constellation, as a mark of gratitude for his services to the British brigantine Mersey. The expediency of sanctioning the acceptance of the gift is submitted to your consideraABRAHAM LINCOLN.

tion.

WASHINGTON, February 8, 1865.

Mr. SUMNER. I move the reference of those papers to the Committee on Foreign Relations, and that they be printed.

The motion was agreed to.

PETITIONS AND MEMORIALS.

Mr. MORGAN presented a petitition of merchants 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. ANTHONY presented a memorial of manufacturing jewelers of the city of Providence, Rhode Island, praying for a reduction of the tax on their business; which was referred to the Committee on Finance.

FREEDMEN'S BUREAU.

Mr. SUMNER. The committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 51) to establish a Bureau of Freedmen's Affairs have met, and after a full conference have agreed upon a report, which I send to the Chair, and move its adoption by the Senate.

The Secretary commenced the reading of the report.

Mr. SAULSBURY. I move to dispense with the reading, and to print the document. This seems to be a new bill entirely.

Mr. SUMNER. It was printed ten days ago for the House of Representatives.

The PRESIDING OFFICER, (Mr. Foor in the chair.) The reading must proceed, unless it be dispensed with by unanimous consent.

Mr. CLARK. I suggest that the reading had better be postponed until we can have an opportunity of examining the report and getting a knowledge of the bill in its present shape. This

is the first time it has been called to the attention of the Senate, and of course we want a little time to look it over before we shall be prepared to pass on the report. It may be delayed by unanimous consent for a short time, that we may have an opportunity to look into it.

Mr. SUMNER. The Senator makes no proposition?

Mr. CLARK. I have no further proposition to make than this: I find myself in the condition of other Senators about me, that we do not know anything about it, and have not seen it.

Mr. SUMNER. I will make a brief statement. Mr. DAVIS. I hope the honorable Senator from Massachusetts will let the report lie over until to-morrow.

Mr. SUMNER. I was merely going to state that the report was agreed upon some ten days ago and made to the other House, where, according to the rules of Congress, it should have been made, because the measure originated there. I have had the report in my drawer, ready to make it as soon as it was in order, for the last ten days.. When it was made in the other House it was at once ordered to be printed, and the House postponed action upon it for a certain time in order

to have it printed, and it was acted upon finally yesterday. The Senate will remember that a message came here yesterday informing us that the House had concurred with the committee. The subject then becomes in order for the report of the Senate committee, and it is because it is now in order that I make it. I shall not press it at this moment against the inclination of Senators. It is in order that the report when made "shall be read. If Senators desire that it shall lie on the table for another day I shall not object, though my impression is that the subject has been so long before Congress, so maturely considered in committee, and also so much considered in the other House, that we may proceed with it now and come to a conclusion.

The PRESIDING OFFICER. If no motion be interposed, the Chair has no other course to pursue but to direct the reading of the report, and the reading will proceed.

Mr. DAVIS. The honorable Senator from Massachusetts has expressed his willingness that this matter should lie over for a day. If that course be taken, I suppose it is hardly necessary to consume the time of the Senate in reading the report. Every Senator who feels an interest in the subject will of course make himself familiar with it by to-morrow.

The PRESIDING OFFICER. By common consent, then, the report will lie upon the table. Mr. SUMNER. Until to-morrow.

The PRESIDING OFFICER. Until to-morrow. The Chair hears no objection, and the report will lie upon the table, subject to be called up at any time.

Mr. COLLAMER. I doubt very much whether we shall get out of the difficulty in that way. That report has never been printed in this body. Other gentlemen may be more industrious than I am, and may have more time than I have, but I am not able to read the proceedings of the House; it is as much as I can do to keep up with those of the Senate.

- Mr. SUMNER. Perhaps the Senator is not aware of the fact that when a document is ordered to be printed in one body it is considered as printed for both. This report was ordered to be printed in the House, and the next day after it was printed it was laid on all our tables. It is now within call, in the Document Room, from any Senator. The Senator from Vermont has only to send a page to the Document Room, and it will be forthcoming.

The PRESIDING OFFICER. The report will lie upon the table by common consent.

REPORTS OF COMMITTEES.

Mr. FOSTER, from the Committee on Pensions, to whom was referred the petition of P. J. Howard, praying that her husband, John Howard, a soldier who enlisted, as she alleges, for two years and is now held for three years, may be discharged, asked to be discharged from its further consideration, and that it be referred to the Committee on Military Affairs and the Militia; which was agreed to.

Mr. ANTHONY, from the Committee on Printing, to whom was referred the motion to print five thousand extra copies of the report of the committee on the conduct of the war relative to the circumstances attending the attack at Petersburg and the explosion of the mine there in July last, reported in favor of the motion, and it was agreed to.

Mr. CLARK, from the Committee on Claims, to whom was referred the bill (H. R. No. 714) supplemental to the act entitled "An act to restrict the jurisdiction of the Court of Claims," &c., passed July 4, 1864, reported it with an amend

ment.

He also, from the same committee, to whom was referred the joint resolution (H. R. No. 151) to refer the claim of George Ashley, administrator de bonis non of Samuel Holgate, deceased, back to the Court of Claims, reported adversely thereon.

Mr. DOOLITTLE, from the Committee on Indian Affairs, to whom was referred a bill (S. || No. 370) to amend an act entitled "An act to provide for the better organization of Indian affairs in California," reported it with an amendment. "Mr. POMEROY, from the Committee on Claims, to whom was referred a bill (H. R. No. 384) for the relief of C. F. Johnson, of Alabama,

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The PRESIDENT pro tempore. Objection being made it will lie over.

MANUFACTURE OF CAPTURED COTTON. Mr. WILSON. I desire to offer a resolution, and I ask for its present consideration.

Mr. DOOLITTLE. I will say to the Senator from Massachusetts that I should like, before his resolution is called up, to ask the Senate to take up Senate joint resolution No. 85. It is a very important matter in relation to Indian affairs which I think will not occupy more than five minutes of the time of the Senate.

Mr. GRIMES. What is it about?

Mr. DOOLITTLE. It is a resolution in relation to refugee Indians in the Indian Territory.

The PRESIDENT pro tempore. The resolution submitted by the Senator from Massachusetts will be read for information, unless, by unanimous consent, the motion of the Senator from Wisconsin be interposed.

The Secretary read the resolution, as follows: Resolved, That the Committee on Military Affairs and the Militia be, and are hereby, instructed to inquire into the expediency of the national Government directing that such cotton as may have been captured at Savannali, Georgia, be manufactured into cloth and tents for the use of the soldiers of the Ariny of the United States.

There being no objection, the Senate proceeded to consider the resolution.

Mr. WILSON. I desire simply to say in regard to this resolution that I have received a communication from the Quartermaster General of the Army covering estimates of the cloth used in the Army for tents, and making this suggestion; and in order to bring the subject before the Committee on Military Affairs I have offered this resolution,

Mr. GRIMES. I hope that we will not even instruct the Committee on Military Affairs to inquire into the expediency of establishing a vast manufactory for the purposes of manufacturing tents for the Army. The resolution is nothing more nor less than that.

Mr. TRUMBULL. It is manifest that this resolution will lead to some discussion. I have a bill which, I will state to the Senate, is for putting a little money into the Treasury of the United States. I am sure nobody will object to that; and I move to postpone all other orders for the purpose of considering it. It will take but little time, I am sure. That is the only object I have. [Mr.

DOOLITTLE rose.] I know the Senator from Wisconsin will not object to getting a little money into the Treasury.

Mr. DOOLITTLE. If it does not lead to discussion, I will give way to it..

Mr. TRUMBULL. I think nobody will object to it. I move to postpone all prior orders and take up Senate bill No. 424, to facilitate the collection of certain debts due the United States.

COLLECTION OF POST OFFICE DEBTS.

The motion was agreed to; and the bill (S. No. 424) to facilitate the collection of certain debts due the United States, was considered as in Committee of the Whole.

The PRESIDENT pro tempore. The bill will be read.

Mr. TRUMBULL. Before the reading of the blll, if I can get the attention of the Senate for one minute, I will state what it is. The object of this bill is to enable the Postmaster General to collect sums due in the rebellious States chiefly, though it applies in terms to any of the States of the Union, by postmasters who, when the rebellion took place, were indebted to the Government, and have since gone into the rebellion or left the country, so that service of process cannot be obtained upon them. I am informed that, at Memphis alone, there is some twenty or thirty thousand dollars due the Government, which the Government could collect if it had any way of proceeding against the property of the defaulting postmaster and his sureties. This bill is introduced for the purpose of authorizing an attachment similar to attachments issued in most of the States against these defaulting officers where service cannot be had upon them. The Committee on the Judiciary have considered it, and unanimously recommend its passage. That is all there is in the bill; and unless there should be some objection to the details-which I hope there will not be-it can be passed at once. I ask that, in the reading of the bill, the amendments of the committee, which are mostly verbal, be acted upon as they are reached

in their order.

The PRESIDENT pro tempore. If there be no objection, that course will be pursued.

The first amendment was in line eight of section one, to strike out "or" and insert "and," so as to read, "such officer and his suretics." The amendment was agreed to.

The next amendment was in line ten of section one, to strike out "or" and insert "and." The amendment was agreed to.

The next amendment was in line eighteen of section one, to strike out "or" and insert "and." The amendment was agreed to.

The next amendment was in section one, line thirty, to strike out "marshals" and insert "marshal;" in line thirty-one to strike out "districts" and insert “district;" and in line thirty-three to strike out " marshals" and insert "marshal." The amendment was agreed to.

The next amendment was in section three, line three, to strike out "of" and insert "before," so as to read, "twenty days before the return

day."

The amendment was agreed to.

The next amendment was to strike out "ten days," before "notice," in line four of section three, so as to read, " on giving to the district attorney notice of his intention.'

The amendment was agreed to.

The next amendment was to strike out, in lines nine, ten, and eleven of section three, the words, "such jury shall consist of six men, a majority of whom shall decide upon the verdict." The amendment was agreed to.

The next amendment was to strike out the word "common" before "consent" in line eleven of section three.

The amendment was agreed to.

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“them,” in line seven of section six, to insert specific return is to be confined to the remedy "and having knowledge as aforesaid."

The amendment was agreed to.

The next amendment was in line eleven of section six, to strike out the words "and null," so as to read, "illegal and void."

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The amendment was agreed to.

The next amendment was in lines seven and eight of section seven, to strike out the words sued for, conditioned for the full payment of all damages, costs, and expenses adjudged by the court," and in lieu of them to insert, "of the value of the property attached, conditioned for the return of said property, or to answer any judgment which may be rendered by the court in the premises.

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The amendment was agreed to.

The bill, as amended, provides, in the first section, that where debts are due from postmasters, mail contractors, or other officers, agents, or employés of the Post Office Department, who are in default or delinquency, a warrant of attachment may issue against all property, possessions, and rights legal, equitable, and contingent, belonging to such officer and his sureties, or either of them, in the following cases: First. When any such officer, agent, or employé, and his sureties, or either them, has, within the meaning of the act of July 17, 1862, chapter one hundred and ninety-five, and the proclamation of the President in pursuance thereof, dated July 25, 1862, participated in, aided, abetted, or countenanced any rebellion against the United States. Second. When such officer, agent, or employé, and his sureties, or either of them, is a non-resident of the district where such officer was appointed, or has departed from such district for the purpose of residing permanently out of such district, or of defrauding the United States, or of avoiding the service of civil process. Third. When such officer or his sureties, or either of them, has conveyed away or is about to convey away his property, or any part thereof, or has removed or is about to remove his property, or any part thereof, from the district wherein the same is situated, with intent to defraud the United States. And where such removal has taken place, certified copies of the warrant may be sent to the marshal of any other district into which the property may have been removed, under which certified copies it shall be lawful for the marshal to seize such property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. Alias warrants may issue upon due application, and the validity of the warrant first issued shall continue until the return day thereof.

The second section provides that application for such warrant may be made by any district attorney or assistant district attorney, or any other person authorized by the Postmaster General, before any judge, or, in his absence, before any clerk of any court of the United States having original jurisdiction of the cause of action. The application is to be made upon an affidavit of the applicant, or some other credible person, stating the existence of either of the grounds of attachment enumerated in the first section, and upon production of legal evidence of the debt. Upon such application, and upon due order of any judge of the court, or, in the absence of any judge, without such order, the clerk is to issue a warrant for the attachment of all the property of any kind || belonging to the party or parties specified in the affidavit, which warrant is to be executed with all possible dispatch by the marshal, who is to take the property attached into his custody, and hold it subject to all interlocutory or final orders of the

court,

By the third section the party whose property is attached may, at any time within twenty days before the return day of the warrant, on giving to the district attorney notice of his intention, file a plea in abatement, traversing the allegations of the affidavit, or denying the ownership of the property attached in the defendants, or either of them; in which case the court may, upon application of either party, order an immediate trial by jury of the issues raised by the affidavit and plea. But the parties may, by consent, waive a trial by jury, in which case the court shall decide the issues raised by the affidavit and plea. Any party claiming ownership of the property attached and its

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afforded by the act, but his right to an action of trespass or other action for damages is not to be impaired by it.

The fourth section provides that when the property attached shall be sold on any interlocutory order of the court, or when it shall be producing any revenue, the money arising from such sale or revenue shall be invested in securities of the United States, under the order of the court, and all accretions shall be held subject to the order of the

court.

By the fifth section, immediately upon the execution of the warrant of attachment, the marshal is to cause due publication of such attachment to be made, in the case of absconding debtors or adherents of the rebellion, for two months, and in case of non-residents for four months. Such publication is to be made in some newspaper or newspapers within the district where the property attached is situated, and the details of the publication are to be regulated in each case by the order under which the warrant is issued.

By the sixth section it is provided that after the first publication of the notice of attachment in all the newspapers required, every person indebted to the defendants, or either of them, and having knowledge of such notice, whose property is liable to attachment, and every person having possession of any property belonging to such defendants, or either of them, and having such knowledge, is to account and answer for the amount of such debt, and for the value of such property, and any disposal or attempt to dispose of any such property to the injury of the United States shall be illegal and void. When the person or persons so indebted to or having possession of the property of the defendants, or either of them, shall be known to the district attorney, or the marshal, it shall be the duty of such officer to see that personal notice of such attachment is served upon such persons, as in the cases of garnishees; but the want of such notice shall not invalidate the attachment.

The seventh section declares that upon application of the party whose property has been attached the court, or any judge thereof, may discharge the warrant of attachment as to the property of the applicant; but the applicant is to enter into and execute to the United States a good and sufficient penal bond in double the amount of the value of the property attached, conditioned for the return of the property, or to answer any judgment which may be rendered by the court in the premises, which bond is to be approved by the court, or any judge thereof.

The eighth section prescribes that the fees, costs, and expenses of issuing and serving the warrants of attachment shall be regulated, as far as possible, by the existing laws of the United States and the rules of court made in pursuance thereof. In the case of preliminary trials as to the validity of the attachment or the right of property, clerks' and marshals' fees shall be the same as in ordinary cases, and the docket fee of the district attorney shall be ten dollars.

According to the ninth section this act is not to be construed so as to limit or abridge in any manner such rights of the United States as have accrued or been allowed in any district under the former practice of the United States courts or the adoption of State laws by those courts.

Mr. TRUMBULL. In line six of the first section, to make the bill a little more specific, I move to insert the words "real and personal" after "property."

Mr. JOHNSON. Is it not very general now? Does it not say "all property?"

Mr. TRUMBULL. It says "against all property;" but I will state to the Senator from Maryland that a subsequent section, section two, makes it the duty of the marshal to take all property into his possession. As the word "property" is used in both instances I was apprehensive it might be construed by the courts to confine the attachment simply to personal property. Of course the marshal cannot take real property into his own possession, and it is not intended that he should take the actual possession of real estate, and turn the party in possession out of occupancy.

Mr.JOHNSON. There was a provision which looked to his taking possession of real estate in one district and removing it to another, but we altered that, I think.

Mr. TRUMBULL. That of course could only apply to personalty.

Mr. JOHNSON. Certainly; but the language unaltered would seem to include real as well as personal property.

Mr. TRUMBULL. As to the removal? Mr. JOHNSON.. Yes, sir; that is the case in the original bill, as I remember.

Mr. TRUMBULL. That would only apply, as a matter of course, to personal property. The amendment I suggest can do no harm, at any rate. I move to insert the words "real and personal" after the word "property" in the sixth line of the first section.

The amendment was agreed to.

Mr. TRUMBULL. In line seventeen of section two, after the word "attached," I move to insert "if personal," so as to read, "who shall take the property attached, if personal, into his custody.

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The amendment was agreed to.

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

REFUGEE INDIANS.

On motion by Mr. DOOLITTLE, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution (S. R. No. 85) authorizing the Secretary of the Treasury to issue certain bonds for feeding the refugee Indians.

Mr. HARLAN. Under existing laws, it is the duty of the Secretary of the Interior to report to Congress a statement of the manner in which the funds have been expended for the preceding year in support of these refugee Indians. Some of these accounts have been sent in and some have not been. The accounts are not here for the quarter ending the 1st of December last. I have called at the office for the purpose of seeing them, and have been informed that they are in the hands of clerks, going through the process of being copied. Before this resolution is acted on, I should prefer to see those accounts; they will be here in a few days. I therefore suggest to the chairman of the committee that it would be as well to let the joint resolution go over until that statement comes in; and I move that its further consideration be postponed until to-mor

row.

Mr. DOOLITTLE. I do not feel inclined to oppose the motion of my honorable friend from Iowa. I desire myself to see these accounts, although I am perfectly well satisfied that the expenditures will not exceed the amount which is called for in this resolution. I have no objection to its going over until to-morrow.

Mr. HARLAN. I prefer to take that course. I believe these accounts will be in in a few days and we shall be able to look them over. Probably I shall then have no objection to the passage of the resolution.

The motion to postpone was agreed to.

AGRICULTURAL CENSUS report.

Mr. LANE, of Kansas. I ask consent of the Senate to take from the table a resolution which was reported from the Committee on Agriculture, for printing two thousand copies of a portion of the Census Report. It is important that it should be passed.

Mr. MORRILL. I notice that the Senator from Rhode Island [Mr. ANTHONY] who is not now in his seat, seemed to take an interest in that subject, and I suppose the Senator does not desire to take it up in his absence.

Mr. LANE, of Kansas. I have the consent of the Senator to whom the Senator from Maine alludes, to the passage of this resolution, and am authorized by him to state that the expense of this publication will be very slight indeed, only about forty-six hundred dollars.

Mr. COLLAMER. Four thousand six hundred dollars!

Mr. LANE, of Kansas. I desire to state, for the benefit of the Senator from Vermont, that the suggestion he made will not answer the purpose, to deduct one volume from the three furnished to us; that would destroy the usefulness of the three, and the persons to whom he would send one volume would at once want the whole three volumes. It would affect us very materially.

Mr. COLLAMER. That will be the same with every man to whom this is sent; he will want the other volumes.

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