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On motion by Mr. Coke,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 104) amending section 1661, title 16 (The Militia), of the Revised Statutes of the United States; and,

After debate,

Ordered, That the further consideration of the bill be postponed to to-morrow.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 15) to alter and amend the act entitled "An act to aid in the construction of a railroad and telegraph-line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes," approved July 1, 1862, and also to alter and amend the act of Congress approved July 2, 1864, in amendment of said first-named act; and,

Pending debate,

Cn motion by Mr. Whyte that the Senate proceed to the consideration of executive business, Yeas

It was determined in the affirmative, {Nas

31

18

On motion by Mr. Davis, of West Virginia, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Allison, Anthony, Armstrong, Beck, Butler, Cameron of Pennsylvania, Cameron of Wisconsin, Conkling, Dawes, Eaton, Ferry, Hamlin, Ingalls, Kellogg, Kirkwood, McDonald, McMillan, Matthews, Mitchell, Morrill, Oglesby, Paddock, Rollins, Sargent, Saulsbury, Saunders, Teller, Thurman, Wadleigh, Whyte, Windom.

Those who voted in the negative are,

Messrs. Coke, Davis of West Virginia, Eustis, Garland, Gordon, Grover, Harris, Hill, Johnstou, Kernan, Lamar, McCreery, Maxey, Merrimon, Morgan, Plumb, Spencer, Wallace.

So the motion was agreed to; and

The Senate proceeded to the consideration of executive business; and After the consideration of executive business the doors were opened, and,

On motion by Mr. Conkling, at 4 o'clock and 58 minutes p. m.,
The Senate adjourned.

TUESDAY, APRIL 2, 1878.

Mr. Burnside presented the petition of Mrs. Mary F. McKeever, pray ing to be allowed an increase of pension; which was referred to the Committee on Pensions.

Mr. Johnston presented the petition of R. H. Logan, of Virginia, pray ing the removal of his political disabilities; which was referred to the Committee on the Judiciary.

Mr. Cameron, of Wisconsin, presented two petitions of citizens of Wisconsin, praying an amendment to the Constitution prohibiting the several States from disfranchising citizens of the United States on account of sex; which were referred to the Committee on Privileges and Elections.

Mr. Cameron, of Wisconsin, presented the petition of Mrs. Susan Massure and Mrs. George M. Harrington, praying the removal of their political disabilities and to be allowed the right of suffrage; which was referred to the Committee on Privileges and Elections.

Mr. Spencer presented the petition of Harmon Vann, of Alabama,

praying to be allowed a pension on account of services rendered by his son, Levi De Bow, late a private in the Seventeenth Regiment United States Colored Troops; which was referred to the Committee on Pensions.

Mr. Ferry presented three memorials of citizens of Michigan, remonstrating against the passage of the bill to establish a board of fish commissioners to regulate and protect the fisheries of the great lakes; which were referred to the Committee on Commerce.

Memorials, remonstrating against the proposed transfer of the LifeSaving Service from the Treasury Department to the Navy Department, were presented as follows:

By Mr. Oglesby: A memorial of citizens of Illinois.

By Mr. Ferry: A memorial of citizens of Michigan.
Ordered, That they lie on the table.

Mr. Butler presented a petition of citizens of Charleston, South Carolina, praying the establishment of a pension agency at that place; which was referred to the Committee on Pensions.

The Vice-President laid before the Senate a letter of the chief clerk of the War Department, transmitting a copy of a resolution of the legis lature of Pennsylvania in relation to the graves of soldiers of the late war interred in the Harrisburg Cemetery; which was referred to the Committee on Military Affairs and ordered to be printed.

Mr. Gordon presented a memorial of citizens of Georgia, praying an appropriation to keep in proper condition the light-houses on the coast of that State; which was referred to the Committee on Commerce.

On motion by Mr. Booth,

Ordered, That the petition and papers of Luther Hall, on the files of the Senate, be referred to the Committee on Claims.

Mr. Cockrell, from the Committee on Military Affairs, to whom was referred the bill (S. 40) to authorize the President to restore George W. Smith to his former rank in the Army, reported it without amendment, and submitted an adverse report (No. 214) thereon.

Mr. Cockrell, from the Committee on Military Affairs, to whom was referred the bill (S. 629) for the relief of Sidney S. McLane, reported it without amendment, and submitted an adverse report (No. 215) thereon.

The Senate proceeded, by unanimous consent, to consider the said bills (S. 40, S. 629) as in Committee of the Whole; and no amendment being made, they were reported to the Senate.

Ordered, That they be postponed indefinitely.

Mr. Ferry, from the Committee on Finance, to whom was referred the bill (S. 51) for the relief of Albert Towle, postmaster at Beatrice, Nebraska, reported it without amendment, and submitted a report (No. 216) thereon.

Mr. Morrill, from the Committee on Finance, to whom was referred the bill (S. 185) to amend section 2931 of the Revised Statutes of the United States so as to allow repayment by the Secretary of the Treas ury of the tonnage-tax where it has been exacted in contravention of treaty provisions, reported it with amendments.

Mr. Teller, from the Committee on Railroads, to whom was referred the bill (S. 213) to survey the Austin-Topolovampo Pacific route, reported it with an amendment, and submitted a report (No. 217) thereon. Mr. Maxey, from the Committee on Military Affairs, to whom was referred the bill (S. 868) to provide for a code of Army regulations, reported it with amendments.

Mr. Booth, from the Committee on Public Lands, to whom was referred the bill (S. 926) for the sale of timber lands in the States of Cali

fornia and Oregon, and in Washington Territory, reported it with an amendment.

Mr. Maxey, from the Committee on Military Affairs, to whom was referred the bill (H. R. 2287) to authorize the Secretary of War to prescribe rules and regulations to be observed in the preparation, submis sion, and opening of bids for contracts under the War Department, reported it without amendment, and submitted a report (No. 218) thereon.

Mr. Cockrell, from the Committee on Military Affairs, to whom was referred the joint resolution (H. R. 78) granting the use of artillery, tents, &c., at the national soldiers' and sailors' reunion to be held at Marietta, Ohio, reported it without amendment.

Mr. Randolph, from the Committee on Military Affairs, to whom was referred the bill (S. 824) establishing the rank of the senior InspectorGeneral, reported it with an amendment, and submitted a report (No. 221) thereon.

Mr. Plumb, from the Committee on Military Affairs, to whom was referred the bill (H. R. 1385) for the relief of the minor heirs of John H. Evans, deceased, reported it without amendment, and submitted a report (No. 222) thereon.

Mr. Burnside, from the Committee on Military Affairs, to whom was referred the bill (S. 156) for the relief of John M. Goodhue, reported it without amendment, and submitted an adverse report (No. 223) thereon.

The Senate proceeded, by unanimous consent, to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be postponed indefinitely.

Mr. Oglesby, from the Committee on Public Lands, to whom was referred the bill (H. R. 1135) to authorize the issue of a patent of certain lands in the Brothertown reservation, in the State of Wisconsin, to the persons selected by the Brothertown Indians, reported it with an amendment, and submitted a report (No. 224) thereon.

Mr. Burnside, from the Committee on Military Affairs, to whom was referred the petition of William S. Benjamin, praying for the amendment and correction of his muster-rolls, &c., submitted an adverse report (No. 219) thereon; and

The report was agreed to.

Mr. Maxey, from the Committee on Military Affairs, to whom was referred the petition of C. J. Whiting, praying for reinstatement to his former rank and position in the United States Army, submitted an adverse report (No. 220) thereon; and

The report was agreed to.

On motion by Mr. Spencer,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the message of the President of the United States, of January 18, 1878, in relation to the cause and probable cost of the late Nez Percés war.

On motion by Mr. Randolph,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the petition of Emma J. Nelson, daughter of, and one of the executors of, the estate of W. F. Nelson, deceased, late chaplain United States Ariny, and that it be referred to the Committee on Claims.

On motion by Mr. Oglesby,

Ordered, That the Committee on Public Lands be discharged from the further consideration of the bill (S. 984) for the relief of William H. Merritt, and that it be referred to the Committee on Claims.

Leave having been obtained, bills were introduced, read the first and second times by unanimous consent, and referred as follows:

By Mr. McDonald: A bill (S. 1029) for the relief of John M. Lord; to the Committee on Pensions.

By Mr. Randolph: A bill (S. 1030) donating material of war to the "Washington Association of New Jersey"; to the Committee on Military Affairs.

Mr. Harris submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on the Judiciary be, and hereby is, instructed to inquire into the justice and propriety of securing to defendants in criminal and the highest grade of misdemeanor cases, the right to prosecute appeals on writs of error to the Supreme Court of the United States; and that the committee report by bill or otherwise.

On motion by Mr. Plumb,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 333) for the relief of Thomas J. Choate, Erastus Foster, Milton Ladd, Clarence E. Haney, William A. Hill, Kneeland F. Huckaby, and William Blackburn, late privates in Company F, Third Regiment Arkan. sas Cavalry Volunteers; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid. Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Edmunds,

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (S. 22) providing for a place of deposit for the records and proceedings of the commission appointed under the act entitled "An act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, anno Domini 1877," approved January 29, 1877; and no amendment being made, it was reported to the Senate. Ordered, That it be engrossed and read a third time.

The said resolution was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid. Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Cockrell,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 378) for the relief of William L. Hickam, of Missouri; and the amendments reported by the Committee on Claims having been agreed to in part, and in part disagreed to, and the bill further amended on the motion of Mr. Ingalls, was reported to the Senate and the amendments made in Committee of the Whole were concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title be amended to read, "An act for the relief of William L. Hickam, of Missouri, guardian of the minor children of Hillary J. Jenkins."

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Burnside,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 178) to remove all restrictions now existing in regard to enlist

ments of the colored citizen in any arm of the United States Army; and,

After debate,

Ordered, That the bill be recommitted to the Committee on Military Affairs, with an amendment which was proposed by Mr. Blaine.

A message from the House of Representatives, by Mr. Adams, its Clerk:

Mr. President: The House of Representatives has agreed to the amendments of the Senate to the bill of the House (H. R. 3102) authorizing the Secretary of the Treasury to employ temporary clerks, and making an appropriation for the same; also, making appropriations for detecting trespass on public lands, and for bringing into market public lands in certain States, and for other purposes, numbered 6 and 9; and it has disagreed to the residue of the amendments of the Senate to the said bill.

The House of Representatives has passed the following bills, in which it requests the concurrence of the Senate:

H. R. 1271. An act establishing the salaries to be paid the collectors of customs of Plymouth and Nantucket, Massachusetts.

H. R. 3123. An act extending the privileges of sections twenty-nine hundred and ninety to twenty-nine hundred and ninety-seven of the Revised Statutes, inclusive, to the port of Bath, in the State of Maine.

The Speaker of the House of Representatives having signed an enrolled joint resolution (H. R. 142), I am directed to bring it to the Senate for the signature of its President.

Mr. Conover reported from the committee that they had examined and found duly enrolled the joint resolution (H. R. 142) making an appropriation for filling up, draining, and placing in good sanitary condition the grounds south of the Capitol, along the line of the old canal, and for other purposes.

A message from the President of the United States, by Mr. Pruden, his secretary:

Mr. President: The President of the United States approved and signed, this day, an act (S. 528) to authorize the Worthington and Sioux Falls Railroad Company to extend its road into the Territory of Dakota to the village of Sioux Falls.

Ordered, That the Secretary notify the House of Representatives thereof.

The Vice-President announced that the morning hour had expired, and called up the unfinished business of the Senate at its adjournment yesterday, viz, the bill (S. 15) to alter and amend the act entitled "An act to aid in the construction of a railroad and telegraph-line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes," approved July 1, 1862, and also to alter and amend the act of Congress, approved July 2, 1864, in amendment of said first-named act; and

The Senate resumed, as in Committee of the Whole, the consideration of the said bill; and,

The question being on the amendment proposed by Mr. Matthews, Pending debate,

On motion by Mr. Allison,

The Senate proceeded to the consideration of executive business; and After the consideration of executive business the doors were opened, and,

On motion by Mr. Whyte, at 4 o'clock and 5 minutes p. m.,

The Senate adjourned.

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