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When

Mr. E. P. Walton submitted the following resolution, viz:

Resolved, That the Committee on the Judiciary be directed to inquire into the expediency of fixing the number of the House of Representatives from and after the 3d of March, 1863, at two hundred and thirty-nine members, being the present number to be apportioned among the several States according to the act of May 23, 1850, entitled "An act providing for the taking of the seventh and subsequent censuses of the United States, and to fix the number of the House of Representatives, and provide for their future apportionment among the several States."

Pending which,

Mr. Lovejoy moved to amend the same by striking out the words "thirty-nine," and inserting in lieu thereof the word "fifty," and also moved the previous question.

Pending which,

Mr. Stevens moved that the resolution be laid on the table; which motion was disagreed to.

The question then recurring on the demand for the previous question, it was seconded and the main question ordered, and under the operation thereof the said amendment was disagreed to.

The question was then put, Will the House agree to the said resolution?

And it was decided in the affirmative.

Mr. Justin S. Morrill moved that the vote last taken be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was disagreed to.

Mr. Eliot submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of providing by law for a temporary increase of the navy by authorizing the President to purchase or procure suitable vessels, and commission for a limited time competent and skilful commanders and officers, with leave to report by bill or otherwise.

Mr. Delano submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the Committee on Military Affairs be instructed to inquire and report as to the present capacity of the national armory at Springfield, Massachusetts, for the manufacture of arms; also, what further expenditure, if any, is necessary for operating that armory to the utmost of its capacity.

Mr. Loomis submitted the following resolution, viz:

Resolved, That the Committee on the Judiciary be, and they are hereby, instructed to prepare and report to this House a bill for a public act to confiscate the property of all persons holding any office whatsoever, either civil or military, under the government of any State, or of the United States, or the so-called "Confederate States of America," who have taken up arms, or shall hereafter take up arms, against the government of the United States.

Pending which,

Mr. Loomis moved the previous question; which was seconded and the main question ordered, and under the operation thereof the said resolution was agreed to.

Mr. Vandever presented resolutions of the legislature of the State of Iowa, asking for the location of an armory and arsenal on Rock Island, in the State of Illinois; which were referred to the Committee on Military Affairs.

Mr. Spaulding presented resolutions of the legislature of the State of New York, relating to the reciprocity treaty with the British. provinces; which were referred to the Committee on Commerce.

Mr. Van Wyck submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That a committee of five members be appointed by the Speaker to ascertain and report what contracts have been made by any of the departments for provisions, supplies, and transportation; for materials, and services, or for any articles furnished for the use of government without advertising for proposals, as required by the statute of 1861; the parties to whom given; the compensation and terms thereof, and the reasons therefor. Also, where proposals were received, if contracts were awarded to the lowest bidder; if not, the reason therefor. Also, whether the contracts, as let, are in accordance with the specifications inviting proposals; and if any alterations, the reasons for the same. Also, whether any person or persons have any interest in the contracts thus made and awarded, or obtained the same, or profits therefrom, except the contractors. That said committtee shall have power to send for persons and papers to administer oaths and examine witnesses, and report at any time. Mr. Duell submitted the following resolution; which was read, considered, and, under the operation of the previous question, agreed to, viz:

Resolved, That the Committee on Military Affairs be instructed to report a bill granting a pension to the mother of the late Colonel Elmer E. Ellsworth.

Mr. Diven submitted a concurrent resolution providing for the transmission of an address to the respective States of the republic, to be signed by the presiding officers of the two houses, and approved by the President; which was referred to the Committee on the Judiciary.

Mr. Carlile submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of reporting a bill providing for the ap· pointment of the full number of cadets from such States as have not now in the naval school the number to which they are entitled by existing laws; and if from any States recommendations are not made, the number shall be taken from such States in the same section of the Union as shall apply for places in said school.

On motion of Mr. Upton,

Resolved, That the Secretary of War be directed to instruct the officers of the army of the United States taking prisoners and releas

ing them upon their oath of allegiance to the United States, to report their names and residence to him, that they may be recorded in his department.

Mr. Cox submitted the following resolution, viz:

Resolved, That the claim of Charles H. Upton to a seat in this House from the seventh district of Virginia be referred to the Committee of Elections, who shall examine into the regularity of his election and his eligibility as a member of Congress from the State of Virginia.

Mr. Olin moved that it be laid on the table; which motion was disagreed to.

The question then recurred on the resolution; and being put, it was decided in the affirmative.

So the said resolution was agreed to.

Mr. Holman submitted the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the House, during the present extraordinary session, will only consider bills and resolutions concerning the military and naval operations of the government and the financial affairs therewith connected; and all bills and resolutions of a private character, and all other bills and resolutions not directly connected with the raising of revenue or affecting the military or naval affairs of the government, shall be referred to the appropriate committees without debate, to be considered at the next regular session of Congress.

Mr. Lovejoy submitted the following resolutions, viz:

Resolved, That, in the judgment of this House, it is no part of the duty of the soldiers of the United States to capture or return fugitive slaves.

Resolved, That the Judiciary Committee be instructed to inquire into the expediency of the repeal of the law commonly called the fugitive slave law.

And

Whereas Major Emory, of the United States army, resigned his commission under circumstances showing sympathy with the rebellion against the government: Therefore

Resolved, That his restoration to the service was improper and unjustifiable, and this House, in the name of the people, demand of the Executive his immediate removal.

Pending which,

Mr. Lovejoy moved the previous question; which was seconded, and the main question ordered to be put.

When

Mr. Edwards moved that the said resolutions be laid on the table. And the question being put,

It was decided in the affirmative, Yeas {Nays

...

87

62

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

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Mr. George H. Browne
Henry C. Burnett

Charles B. Calvert
John S. Carlile
Jacob P. Chamberlain
George T. Cobb
Thomas B. Cooper
James A. Cravens
John W. Crisfield
John J. Crittenden
Samuel R. Curtis
Charles Delano
Alexander S. Diven
George W. Dunlap
William M. Dunn
Thomas M. Edwards
Alfred Ely
James E. English
George P. Fisher
Philip B. Fouke
Richard Franchot
Bradley F. Granger
Henry Grider
Edward Haight

James T. Hale

Aaron Harding

Richard A. Harrison

Mr. John Hickman

William S. Holman
Valentine B. Horton
James S. Jackson
Philip Johnson
Francis W. Kellogg
William Kellogg
John W. Killinger
John Law
Jesse Lazear
C. L. L. Leary
William E. Lehman
John A. Logan
Edward McPherson
Robert Mallory
John W. Menzies
James K. Moorhead
Justin S. Morrill
James R. Morris
John T. Nixon
Warren P. Noble
John W. Noell
Elijah H. Norton
Robert H. Nugen
Moses F. Odell
Abraham B. Olin
John Patton

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Mr. George H. Pendleton
John W. Reid
Alexander H. Rice
William A. Richardson
James C. Robinson
Edward H. Rollins
James S. Rollins
William P. Sheffield
William G. Steele
John L. N. Stratton
Benjamin F. Thomas
Francis Thomas
Charles R. Train
Carey A. Trimble
Clement L. Vallandigham
John P. Verree
Chauncey Vibbard
Daniel W. Voorhees
William H. Wadsworth
E. P. Walton

Elijah Ward

Edwin H. Webster
Chilton A. White
Charles A. Wickliffe
Benjamin Wood
George C. Woodruff
Hendrick B. Wright.

Mr. John F. Potter

Albert G. Riddle
Charles B. Sedgwick
John P. C. Shanks
Samuel Shellabarger
Socrates N. Sherman
A. Scott Sloan
Thaddeus Stevens
Rowland E. Trowbridge
William Vandever

Burt Van Horn

Rob't B. Van Valkenburgh
Charles H. Van Wyck
William Wall

John W. Wallace
Charles W. Walton
Elihu B. Washburne
William A. Wheeler
Albert S. White
Samuel T. Worcester.

Mr. Edwards moved that the vote last taken be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Mr. Hickman moved a reconsideration of the vote by which the resolution submitted this day by Mr. Holman, in relation to the business to be considered at the present session, was agreed to. Pending which,

Mr. Holman moved that the motion to reconsider be laid on the table; which motion was disagreed to.

The question then recurred on the motion to reconsider; and being put, it was decided in the affirmative.

The question again recurring on the said resolution,

Mr. Hickman moved to amend the same by inserting after the word "connected' the words "and general questions of a judicial character." Pending which,

Mr. Wickliffe moved that the resolution be laid on the table.
And the question being put,

Yeas

It was decided in the negative, {X:

Nays

52

101

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

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Mr. Cyrus Aldrich

John B. Alley
William Appleton
Isaac N. Arnold
James M. Ashley
Elijah Babbitt
Goldsmith F. Bailey
Stephen Baker
Portus Baxter
Fernando C. Beaman
John A. Bingham
Francis P. Blair jr.
Samuel S. Blair
Harrison G. Blake
James Buffinton
James H. Campbell
John S. Carlile
Jacob P. Chamberlain
Ambrose W. Clark
Schuyler Colfax
Frederick A. Conkling
Roscoe Conkling
Martin F. Conway
John Covode
Samuel R. Curtis
William P. Cutler
Wm. Morris Davis

Mr. Henry L. Dawes

Charles Delano
Alexander S. Diven
R. Holland Duell
William M. Dunn
Sidney Edgerton
Thomas M. Edwards
Thomas D. Eliot
Alfred Ely

Reuben E. Fenton
Samuel C. Fessenden
Richard Franchot
Augustus Frank
Daniel W. Gooch
Bradley F. Granger
John A. Gurley
John Hickman
William S. Holman
Valentine B. Horton
John Hutchins
George W. Julian
William D. Kelley
Francis W. Kellogg
John W. Killinger
William E. Lansing
Dwight Loomis
Owen Lovejoy

Mr. Nehemiah Perry

John W. Reid

William A. Richardson
James C. Robinson
James S. Rollins
Edward H. Smith
John B. Steele

William G. Steele
Francis Thomas

Clement L. Vallandigham
Chauncey Vibbard
Daniel W. Voorhees
William H. Wadsworth
Chilton A. White
Charles A. Wickliffe
Benjamin Wood
George C. Woodruff.

Mr. James B. McKean
Robert McKnight
Edward McPherson
William Mitchell
James K. Moorhead
Anson P. Morrill
Justin S Morrill
John T. Nixon
Abraham B. Olin
John Patton
Frederick A. Pike
Theodore M. Pomeroy
Albert G. Porter
John F. Potter
Alexander H. Rice
John H. Rice
Edward H. Rollins
Charles B. Sedgwick
John P. C. Shanks
William P. Sheffield
Samuel Shellabarger
Socrates N. Sherman
A. Scott Sloan
Elbridge G. Spaulding
John L. N. Stratton
Benjamin F. Thomas
A. J. Thayer

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