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rict to Brevet Major General A. C. Gillem, and | proceed to San Francisco, California, to take command of the department of California.

II. On being relieved by Brevet Major General Ord, Brevet Major General Irvin McDowell will proceed to Vicksburg, Mississippi, and relieve General Gillem in command of the fourth military district.

III. Brevet Major General John Pope is hereby relieved of the command of the third military district, and will report, without delay, at the headquarters of the army for further orders, turning over his command to the next senior officer until the arrival of his successor.

IV. Major General George G. Meade is assigned to the command of the third military district, and will assume it without delay. The department of the East will be commanded by the senior officer now on duty in it until a commander is named by the President.

V. The officers assigned in the foregoing order to command of military districts will exercise therein any and all powers conferred by act of Congress upon district commanders, and also any and all powers pertaining to military department commanders.

VI. Brevet Major General Wager Swayne, colonel 45th United States infantry, is hereby relieved from duty in the Bureau of Refugees, Freedmen, aud Abandoned Lands, and will proceed to Nashville, Tennessee, and assume command of his regiment.

By command of General Grant.

E. D. TOWNSEND,
Assistant Adjutant General.

HEADQUARTERS OF THE ARMY,

ADJUTANT GENERAL'S OFFICE,
WASHINGTON, June 30, 1868.

[General Orders No. 33.]

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February 13-The President nominated Lieut. General Sherman for the brevet rank of general, for distinguished gallantry, skill, and ability during the war of the rebellion, to which he responded, as follows:

Hon. JOHN SHERMAN.
ST. LOUIS, February 14, 1868.

Oppose confirmation of myself as brevet general, on ground that it is unprecedented and that it is better not to extend the system of brevets above major generals. If I can't avoid coming to Washington, I may have to resign. W. T. SHERMAN, Lieutenant General. General Sherman from this order. February 19-The President relieved Lieut.

February 21-The President nominated Major General George H. Thomas as brevet lieutenant general and brevet general, with supposed reference to this command; whereupon General Thomas declined in these terms:

LOUISVILLE, February 22, 1868. Hon. B. F. WADE, President of the Senate.

The morning papers of Louisville announced By direction of the President of the United officially that my name was yesterday sent to the Senate for confirmation as brevet lieutenStates, the following orders are made: I. Brevet Major General Irvin McDowell is ant general and brevet general. For the batrelieved from the command of the fourth militle of Nashville I was apponted major general tary district, and will report United States army. My services since the war in person, without delay, at the War Department. do not merit so high a compliment, and it is now II. Brevet Major General Alvan C. Gillem is too late to be regarded as a compliment if conassigned to the command of the fourth military earnestly request that the Senate will not confirm ferred for services during the war. I, therefore, district, and will assume it without delay. By command of General Grant

E. D. TOWNSEND, A. A. G.

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the nomination.

GEO. H. THOMAS, Major General

March 28-Major General Hancock was assigned as follows:

[General Orders No. 17.] HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, WASHINGTON, March 28, 1868. By direction of the President of the United States, Major General W. S. Hancock is relieved from command of the fifth military district and assigned to command of the military division of the Atlantic, created by General Orders No. 10, of February 12, 1868.

By command of General Grant.

E. D. TOWNSEND, Assistant Adjutant Genrol.

MEMBERS OF THE CABINET OF PRESIDENT JOHNSON,

AND OF THE FORTIETH CONGRESS.

PRESIDENT JOHNSON'S CABINET.

Secretary of State-WILLIAM H. SEWARD, of New York.

Secretary of the Treasury-HUGH MCCULLOCH, of Indiana.

Secretary of War-JOHN M. SCHOFIELD, of New York, from June 1, 1868, vice EDWIN M. STANTON, of Ohio, who was suspended by the President, August 12, 1867, when General ULYSSES S. GRANT was appointed Secretary of War ad interim, and served from that date to January 14, 1868, at which time he vacated

the office, and Mr. STANTON resumed the functions thereof, the Senate having on the previous evening voted a non-concurrence in the said suspension. Mr. STANTON remained in the office till May 26, when he " relinquished charge."

Secretary of the Navy-GIDEON WELLES, of Con

necticut.

Postmaster General-ALEXANDER W. RANDALL, of Wisconsin.

Secretary of the Interior-ORVILLE H. BROWN-
ING, of Illinois.
Attorney General-

vice HENRY

STANBERY, of Kentucky, who resigned, March

12, 1868, to act as one of the President's counsel, Mr. Secretary BROWNING having been the same day appointed Acting Attorney General. (Mr. Stanbery was nominated for re-appointment, after the trial, but the Senate rejected the nomination.)

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Rice.

ard.

Missouri-John B. Henderson, Charles D. Drake.
Illinois-Richard Yates, Lyman Trumbull.
Arkansas-Alexander McDonald, Benjamin F.
Michigan-Zachariah Chandler, Jacob M. How-
Florida-Adonijah S. Welch, (qualified July 2.
Iowa-James W. Grimes, James Harlan.
1868.) Thomas W. Osborn, (qualified June 30.)
Wisconsin-James R. Doolittle, Timothy O.
Howe.
California-John Conness, Cornelius Cole.
Minnesota-Alexander Ramsey, Dan'l S. Norton.
Oregon-George H. Williams, Henry W. Cor-
Kansas-Edmund G. Ross, Samuel C. Pomeroy
West Virginia-Peter G. Van Winkle, Waitman
T. Willey.

bett.

Neva la-William M. Stewart, James W. Nye. Nebraska-Thomas W. Tipton, John M. Thayer.

House of Representatives.

SCHULIR COLFAX, of Indiana, Speaker.
Edward McPherson, of Pennsylvania, Clerk.
Maine--John Lynch, Sidney Perham, James
G. Blaine, John A. Peters, Frederick A. Pike.
New Hampshire-Jacob H. Ela. Aaron F. Ste-
vens, Jacob Benton.

Vermont-Frederick E. Woodbridge, Luke P.
Poland, Worthington C. Smith.
Massachusetts-Thomas D. Eliot, Oakes Ames,
Ginery Twichell, Samuel Hooper, Benjamin
F. Butler. Nathaniel P. Banks, George S.
Boutwell, John D. Baldwin, William B. Wash-
burn, Henry L. Dawes

Rhode Island|]—Thomas A. Jenckes, Nathan F.

Dixon.

Connecticut-Richard D Hubbard, Julius Hotchkiss, Henry H. Starkweather, William H. Barnum.

New York-Stephen Taber, Demas Barnes, Wil liam E. Robinson, John Fox. John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William H. Robertson, Charles H. Van Wyek, John H. Ketcham, Thomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hulburd

Qualified March 9, 1868, in place of Philip Francis Thomas, who was denied admission, February 19, 1868 -yeas 21, nays 28.

Delaware-James A. Bayard,* Willard Sauls-rie,

bury.

Qualified February 28, 1868, in place of James Guth-
resigned February 10, 1868.
Qualified June 23, 1868.
Qualified July 3, 1867.

Messrs. Hotchkiss and Starkweather qualified Qualified April 11, 1867, at special session, in place July 3, 1867; Mers. Barnum and Hubbard, July 11 of George Read Riddle, deceased.

1867.

James M. Marvin, William C. Fields, Addison | Indiana-William E. Niblack, Michael C. Kerr,
H. Laflin, Alexander H. Bailey,* John C.
Churchill, Dennis McCarthy, Theodore M.
Pomeroy, William H. Kelsey, William S. Lin-
coln Hamilton Ward, Lewis Selye, Burt Van
Horn, James M. Humphrey, Henry Van
Aernam.

New Jersey-William Moore, Charles Haight,
Charles Sitgreaves, John Hill, George A. Hal-

sey.

Pennsylvania-Samuel J. Randall, Charles O'-
Neill, Leonard Myers, William D. Kelley, Ca- |
leb N. Taylor, Benjamin M. Boyer, John M.
Broomall, J. Lawrence Getz, Thaddeus Stevens,
Henry L. Cake, Daniel M. Van Auken, George
W. Woodward, Ulysses Mercur, George F.
Miller, Adam J. Glossbrenner, William H.
Koontz, Daniel J. Morrell, Stephen F Wilson,
Glenni W. Scofield, Darwin A. Finney, John
Covode, James K. Moorhead, Thomas Wil-
liams, George V. Lawrence.
Delaware-John A. Nicholson.
Maryland-Hiram McCullough, Stevenson Arch-
er, Charles E. Phelps, Francis Thomas, Fred
erick Stone.

Ohio-Benjamin Eggleston, Samuel F. Cary ‡
Robert C. Schenck, William Lawrence, Wil
liam Mungen, Reader W. Clarke, Samuel Shel-
labarger, John Beatty,|| Ralph P. Buckland,
James M. Ashley, John T. Wilson, Philadelph
VanTrump, Columbus Delano, Martin Welker,
Tobias A. Plants, John A. Bingham, Ephraim
R. Eckley, Rufus P. Spalding. James A. Garfield.
Kentucky-Lawrence S. Trimble. (vacancy,)
Jacob S. Golladay, J. Proctor Knott, Asa P.
Grover, Thomas L. Jones. James B. Beck,
George M. Adams, Samuel McKee.
Tennessee Roderick R. Butler, Horace May-
nard, William B. Stokes, James Mullins,
John Trimble, Samuel M. Arnell, Isaac R.
Hawkins, David A. Nunn.

Qualified November 30, 1867.

Morton C. Hunter, William S. Holman,
George W. Julian, John Coburn, Henry D.
Washburn, Godlove S. Orth, Schuyler Colfax,
William Williams, John P. C. Shanks.
Illinois-Norman B. Judd, John F. Farnsworth,
Ellihu B. Washburne,* Abner C. Harding,
Ebon C. Ingersoll, Burton C. Cook, Henry
P. H. Bromwell, Shelby M. Cullom, Lewis
W. Ross, Albert G. Burr, Samuel S. Marshall,
Jehu Baker, Green B. Raum, John A. Logan.
Missouri-William A. Pile, Carman A. New-
comb, James R. McCormick,t Joseph J.
Gravely, Joseph W. McClurg, Robert T. Van
Horn, Benjamin F. Loan, John F. Benjamin,
George W. Anderson.

Arkansast-Logan H. Roots, James Hinds,

Thomas Boles.

Michigan-Fernando C. Beaman, Charles Up-
son, Austin Blair, Thomas W. Ferry, Row-
land E. Trowbridge, John F. Driggs.
Florida-Charles M. Hamilton, (qualified July
1, 1868.)

Iowa-James F. Wilson, Hiram Price, William
B. Allison, William Loughridge, Grenville M.
Dodge, Asahel W. Hubbard.

Wisconsin-Halbert E. Paine, Benjamin F. Hop-
kins, Amasa Cobb, Charles A Eldridge, Phile-
tus Sawyer, Cadwalader C. Washburn.
California||-Samuel B. Axtell, William Higby,
James A. Johnson.

Minnesota-William Windom, Ignatius Don-
nelly.

Oregon-Rufus Mallory.
Kansas-Sidney Clarke.

West Virginia-Chester D. Hubbard, Bethuel
M Kitchen, Daniel Polsley.
Nevada-Delos R. Ashley.
Nebraska-John Taffe.

The following persons were elected to the
House of Representatives at the election held
on the constitutions of their respective States:
North Carolina-John R. French, David Hea

+ Qualified November 21, 1867, in place of Charleston, Oliver H. Dockery, John T. Deweese, Israel

Denison. deceased.

Qualified November 21, 1867, in place of Rutherford B. Hayes, resigned.

Qualified February 5, 1868, in place of Cornelius

6. Hamilton, killed December 22, 1867.

June 3, 1868, Mr. Delano qualified, in place of George W. Morgan, the House having voted-36 to 79 that Mr. Morgan was not entitled, and-80 to 38-that Mr. Delano was entitled to the scat.

Mr. Adams qualified July 8, 1867. Messrs. Beck, Grover, and Jones qualified Dec. 3, Mr. Knott Dec. 4. Mr. Golladay Dec. 5, and Mr. Trimble January 10, 1868. Mr. John Young Brown, claiming a seat for the

second district, was voted, February 13-43 to 108not entitled thereto, by reason of having voluntarily given aid, countenance, counsel, and encouragement to persons engaged in armed hostility to the United States; and February 15, the House voted-30 to 102that Samuel E. Smith, not having received a majority of the votes cast for Representative, was not elected. The Speaker was directed to notify the Governor of Kentucky of the vacancy in the second district, but no election was called by him. Mr. McKee qualified June 22, 1868, the House having, June 22, voted-90 to 30-that John D. Young was not entitled to the seat, and that Samnel McKee was entitled to it.

**Messrs. Maynard, Stokes, Mullins, John Trimble, Hawkins, and Nunn qualified November 21, 1867; Mr. Arnell, November 25; Mr. Butler, June 26, 1858.

G. Lash, Nathaniel Boyden, Alexander II. Jones.
C. Bowen, Simon Corley, James H. Goss. (Also
South Carolina-Benjamin F. Whittemore, C
two elected at large: J. P. M. Epping, Elias H.
Dickson.)

Georgia-J. W. Clift, Nelson Tift, William P.
Edwards, Samuel F. Gove, Charles H. Prince,
John H. Christy, P. M. B. Young.

Louisiana-f. Hale Sypher, James Mann, Joseph P. Newsham Michel Vidal, W. Jasper Blackburn.

Alabama-Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris, Charles W. Pierce, John B. Callis, Thomas Haughey.

* Mr. Washburne having been absent at the previous session, qualified November 21, 1867.

+ Qualified December 17, 1867, vice Thomas E. Noell, deceased.

Qualified June 23, 1868, the bill declaring Arkansan entitled to representation having become a law June 22, 1868. Qualified November 21, 1807.

VOTES ON POLITICAL BILLS AND RESOLUTIONS.

To Continue the Bureau for the Relief of Freed-| hands of the Commissioner, not required other

men and Refugees.

wise for the due execution of the law, may be, in the discretion of the Commissioner, applied for the education of freedmen and refugees, subject to the provisions of law applicable thereto. SEC 4. That officers of the veteran reserve corps, or of the volunteer service, now on duty in the Freedmen's Bureau as assistant commissioners, agents, medical officers, or in other capacities, who have been or may be mustered out of service, may be retained by the Commissioner when the same shall be required for the proper execution of the laws, as officers of the bureau, upon such duty and with the same pay, compensation, and all allowances, from the date of their appointment, as now provided by law for their respective grades and duties at the dates of their muster out and discharge; and such officers so retained shall have, respectively, the same authority and jurisdiction as now conferred upon "officers of the bureau" by act of Congress passed on the 16th of July, 1866.

Be it enacted, &c., That the act entitled "An act to establish a Bureau for the relief of Freedmen and Refugees," approved March 3, 1865, and the act entitled "An act to continue in force and to amend 'An act to establish a Bureau for the relief of Freedmen and Refugees, and for other purposes,"" passed on the 16th of July, 1866+ shall continue in force for the term of one year from and after the 16th of July, in the year 1868, excepting so far as the same shall be herein modified. And the Secretary of War is hereby directed to re-establish said bureau where the same has been wholly or in part discontinued: Provided, He shall be satisfied that the personal safety of freedmen shall require it. SEC. 2. That it shall be the duty of the Secretary of War to discontinue the operations of the bureau in any State whenever such State shall be fully restored in its constitutional relations with the Government of the United States, and shall be duly represented in the Congress SEC. 5. That the Commissioner is hereby emof the United States, unless, upon advising with powered to sell for cash, or by instalments with the Commissioner of the bureau and upon full ample security, school buildings and other buildconsideration of the condition of freedmen's ings constructed for refugees and freedmen by affairs in such State, the Secretary of War shall the bureau, to the associations, corporate bodies, be of opinion that the further continuance of or trustees who now use them for purposes of the bureau shall be necessary: Provided, how- education or relief of want, under suitable guarever, That the educational division of said bu-antees that the purposes for which said buildings rean shall not be affected or in any way inter-were constructed shall be observed: Provided, fered with, until such State shall have made suitable provision for the education of the children of freedmen within said State.

SEC. 3. That unexpended balances in the
*See page 72 of Manual of 1866.
+See page 150 of Manual of 1867.

The financial affairs of the bureau are as follow, as
appears from a recent report on the subject in the
House of Representatives, the figures in which were
taken from the books of the bureau:
From the establishment of the bureau, on
the 15th of May, 1865, there have been
appropriated by Congress for its sup
port
The total expenditure from this appropriation, from
15th of May, 1865, to January 1, 1868, was as follows:
Salaries of assistant and sub-assistant com-
missioners

Salaries of clerks.....

Stationery and printing..

Quarters and fuel..

Clothing for distribution...........................

Commissary stores..

Medical department..

$10,780,750 00

Transportation of officers and agents.......
Transportation of freedmen and refugees..
Transportation of stores............

Forage

School superintendents.....

Building for schools and asylums, including
construction, rental, and repairs.......
Telegraphing and postage.
Internal revenue (tax withheld on salaries)
Southern relief

Agricultural Bureau (transferred)...............

Total expended..........

$302,244 88

509,833 80
78,306 14

196,906 54
143,735 99
1,245,271 76
470,834 37

131,052 54

115,979 87

87,490 36

53,096 28
28,247 61

558,914 91
35,546 98
4,981 55
385,410 81

That all funds derived therefrom shall be returned to the bureau appropriations and accounted for to the Treasury of the United States. IN HOUSE.

1868, March 19-The bill passed-yeas 97, nays 38, as follow:

James M. Ashley, Bailey, Baker, Baldwin, Banks,
YEAS-Messrs. Allison, Ames, Arnell, Delos R. Ashley,
Beaman, Bingham, Blaine, Blair, Bromwell, Broomall,
Buckland, Butler, Cake, Churchill, Sidney Clarke,
Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Don-
nelly, Driggs, Eckley, Eliot, Farnsworth, Ferriss,
Ferry, Fields, Garfield, Gravely, Higby, Hill, Hooper,
Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey,
Hopkins, Chester D. Hubbard, Hulburd, Hunter,

Besides this appropriation by Congress, the bureau
came into the possession of certain funds belonging
to the "department of negro affairs" which had pre-
viously existed in the rebel States, and from rents,
fines, conscript fund, and miscellaneous sources,
amounting to........
..$1,605,694 19

Of which, there were expended, for labor,
schools, rents, repairs, clothing, fuel, sub-
sistence, &c...

1,544,092 80

Leaving a balance on hand, Dec. 31, 1867... $61,601 39 Of this amount of $4,397,854 39 expended, $500,000 were applied, by a resolution of Congress, for the relicf of destitute people in the South who were starving by reason of failure of the crops, and $50,000 were transferred to the Agricultural Department for seeds for the South-making $550,000.

With these sums deducted from the expense account of the Bureau, the whole expenditure from appropria tions by Congress, for the use of the Bureau from its establishment, amount to $3,847,854 39.

50,000 00 $4,397,854 39 Balance in hands of agents, August 31, 1867.. 645,911 33 No further appropriation was asked or made for the Undrawn from Treasury. 5,736,984 28 ensuing fiscal year, and the appropriations previously made of $10,780,750 will carry the Bureau from May, Amount on hand December 31, 1867.....$6,382,895 61 1865, to July, 1869.

Koontz, Laflin, William Lawrence, Loan, Logan, | Tipton, Trumbull, Van Winkle, Wade, Willey, Wi-
Lynch, Maynard, Miller, Moore, Morrell, Myers, New-liams, Wilson, Yates-37.
comb, O'Neill, Orth, Paine, Peters, Pike, Pile, Plants, NAYS-Messrs. Buckalew, Doolittle, Fowler, Пender-
Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, son, Hendricks, Johnson, McCreery, Norton, Patterson of
Schenck, Selye, Shanks, Spalding, Aaron F. Stevens, Tennessee, Ross, Vickers-11.
Thaddeus Stevens, Taffe, Thomas, John Trimble,
Trowbridge, Twichell, Upson, Robert T. Van Horn,
Ward, Cadwalader C. Washburn, Ellihu B. Washburne,
Henry D. Washburn, William B. Washburn, Welker,

Thomas Williams, James F. Wilson, Stephen F. Wilson,

Windom-97.

NAYS-Messrs. Adams, Axtell, Barnes, Beck, Boyer, Brooks, Burr, Chanler, Eldridge, Getz, Golladay, Grover, Haight, Holman, Hotchkiss, Johnson, Kerr, Knott, George V. Lawrence, Marshall, McCormick, McCullough, Mercur, Moorhead, Morgan, Mungen, Niblack, Nicholson, Phelps, Randall, Ross, Sitgreaves, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, Woodward-38.

IN SENATE.

IN HOUSE.

June 19 The resolution passed-yeas 102, nays 25, as follow:

YEAS-Messrs. Allison, Ames, Delos R. Ashley, Bailey, Baldwin, Beatty, Benjamin, Benton, Blaine, Blair, Boutwell, Buckland, Butler, Cake, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Delano, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, Ferriss, Fields, Garfield, Gravely, Gris wold, Halsey, Harding, Higby, Hill, Hooper, Chester D. Hubbard, Hulburd, Jenckes, Judd, Julian, Kelsey, Ketcham, Kitchen, Koontz, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Maynard, McCarthy, Me lins, Myers, O'Neill, Orth, Paine, Peters, Pike, Pile, Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Shanks, Shellabarger, Smith, Starkweather, Aaron F. Stevens, Stokes, Taffe, Taylor, Twichell, Upson, Van Aernam, Van Wyck, Ward, B. Washburn, Welker, Thomas Williams, William Cadwalader C. Washburn, Henry D. Washburn, William Williams, James F. Wilson, John T. Wilson, Windom,

June 13-The bill passed without a division. Clurg, Mercur, Miller, Moore, Moorhead, Morrell, Mul

Vote of Thanks to Ex-Secretary Stanton.

IN SENATE.

1868, May 28-Mr. Edmunds offered this resolution:

Resolved by the Senate, (the House of Representatives concurring.) That the thanks of Congress are due, and are hereby tendered, to Hon. Edwin M. Stanton for the great ability, purity, and fidelity to the cause of the country with which he has discharged the duties of Secretary of War, as well amid the open dangers of a great rebellion as at a later period when assailed by the Opposition, inspired by hostility to the measures of justice and pacification provided by Congress for the restoration of a real and permanent peace.

June 1-Mr. Hendricks moved to strike out the latter clause, beginning with the words " as well."

Mr. Henderson moved to amend so as to make the resolution read as follows:

That the thanks of Congress are due, and are hereby tendered, to Hon. Edwin M Stanton, for the great ability, purity, and fidelity to the cause of the country with which he discharged the duties of Secretary of War amid the open dangers of a great rebellion.

Which was rejected without a count; also, the amendment offered by Mr. Hendricks.

Mr. Henderson moved to amend by adding to

the resolution these words:

And Congress takes this occasion to tender its thanks to Chief Justice Chase for the great ability, purity, and distinguished learning which have illustrated his position on the bench of the Supreme Court.

Which was disagreed to-yeas 11, nays 30, as

Woodbridge, and Mr. Speaker Colfax-102.
Eldridge, Getz, Golladay, Grover, Haight, Holman, Hutch
kiss, Humphrey, Johnson, Jones, Kerr, Knott, McCormick,
Mungen, Niblack, Nicholson, Phelps, Pruyn, Stone, Taber

NAYS-Messrs. Archer, Beck, Brooks, Cary. Chanler,

-25.

Quorum of Supreme Court.

1867, December 4-The SENATE passed, without a division, this bill:

Be it enacted, &c., That any number of the justices of the Supreme Court of the United States, not less than five, and being a majority thereof, shall constitute a quorum.

IN HOUSE.

1868. January 13-The rules were suspended, (yeas 114, nays 38,) and the above bill with an amendment was reported to the House from the Judiciary Committee. The amendment was a new section, to which the proviso was added in the House, the whole being as follows:

SEC. 2. That no cause pending before the Supreme Court of the United States, involving the action or effect of any law of the United States, shall be decided adversely to the validity of such law without the concurrence of two-thirds of

all the members of said court in the decision upon the several points in which said law or any part thereof may be deemed invalid: Provided, however, That if any circuit or district court of the United States shall adjudge any act of Congress to be unconstitutional or invalid, the judgment, before any further proceedings shall be had upon it, shall be certified up to the Supreme Court of the United States, and shall be considered therein; and if upon the consideration thereof two-thirds of all the members of the Supreme Court shall not affirm said judg NAYS-Messrs. Cameron, Cattell, Chandler, Cole, Conk-ment below, the same shall be declared and held ling, Conness. Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morri!! of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Williams, Wilson, Yates -30.

follow:

YEAS-Messrs. Buckalew, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of

Tennessee, Ross, Vickers-11.

The resolution was then adopted-yeas 37, nays 11, as follow:

YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer,

reversed.

Pending this new section,

Mr. Thomas Williams moved to substitute for it these words:

In all cases of writs of error from and appeals to the Supreme Court of the United States, where is drawn in question the validity of a statute or an authority exercised by the United States, or the construction of any clause of the Constitution of the United States, or the validity of a statute of or an authori evercised under

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