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mitted be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Mr. Bingham, from the Committee on the Judiciary, to whom was referred the bill of the House (H. R. 64) to disapprove and declare null and void all territorial acts and parts of acts heretofore passed by the Territory of New Mexico which establish, protect, or legalize involuntary servitude, or slavery, except as punishment for crime, upon due conviction, reported the same with an amendment, accompanied by a report in writing thereon.

Ordered, That the said report, together with the views of a minority of said committee, hereafter to be presented, be printed. Pending the question on agreeing to the said amendment, Mr. Houston moved that there be a call of the House, And the question being put,

It was decided in the negative, {Xeys...

71

96

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

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The question then recurring on the amendment reported to the said bill,

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

Mr. Millson moved that the vote last taken be reconsidered; which motion was disagreed to.

The said amendment was then agreed to, and the bill ordered to be engrossed and read a third time.

Being engrossed, it was accordingly read the third time.
The question then being on its passage,

Mr. Bingham moved the previous question; which was seconded and the main question ordered and put, viz: Shall the bill pass? And it was decided in the affirmative, {Nays

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

Mr. Charles F. Adams

Cyrus Aldrich
John B. Alley
James M. Ashley
Elijah Babbitt
Charles L. Beale
John A. Bingham
Samuel S. Blair
Harrison G. Blake
William D. Brayton
James Buffinton
Anson Burlingame
Alfred A. Burnham
Martin Butterfield
James H. Campbell
John Carey
Charles Case
Clark B. Cochrane
Schuyler Colfax
Roscoe Conkling
John Covode
Henry L. Dawes
Charles Delano
R. Holland Duell
W. McKee Dunn
Sidney Edgerton
Thomas M. Edwards
Thomas D. Eliot
Alfred Ely

Mr. John F. Farnsworth
Reuben E. Fenton
Orris S. Ferry
Stephen C. Foster
Augustus Frank
Ezra B. French
Daniel W. Gooch
Galusha A. Grow
John A. Gurley
James T. Hale
William Helmick
Charles B. Hoard
James Humphrey
John Hutchins
William Irvine
Benjamin F. Junkin
Francis W. Kellogg
William Kellogg
William S. Kenyon
David Kilgore
John W. Killinger
De Witt C. Leach
M. Lindley Lee
Henry C. Longnecker
Dwight Loomis
Owen Lovejoy
Gilman Marston
James B. McKean
Robert McKnight

Mr. Edward McPherson

James K. Moorhead
Freeman H. Morse
John T. Nixon
Abraham B. Olin
George W. Palmer
John J. Perry
John U. Pettit
Albert G. Porter
John F. Potter
Alexander H. Rice
Christopher Robinson
Homer E. Royce
George W. Scranton
Charles B. Sedgwick
John Sherman
Daniel E. Somes
Francis E. Spinner
Benjamin Stanton
Thaddeus Stevens
William Stewart
John L. N. Stratton
Mason W. Tappan
Cydnor B. Tompkins
Charles R. Train
Carey A. Trimble
William Vandever
John P. Verree
Edward Wade

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Mr. Israel Washburn, jr.

Alfred Wells
James Wilson

Mr. William Windom
John Wood

John Woodruff.

Those who voted in the negative are

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John B. Clark
David Clopton

Williamson R. W. Cobb

John Cochrane
George B. Cooper
Samuel S. Cox

James Craig

Martin J. Crawford
Jabez L. M. Curry
H. Winter Davis
John G. Davis

Daniel C. De Jarnette
Emerson Etheridge

Mr. Thomas B. Florence
Muscoe R. H. Garnett
Lucius J. Gartrell
John T. Harris
John B. Haskin
George S. Hawkins
William S. Holman
George S. Houston
William Howard
George W. Hughes
James Jackson
Albert G. Jenkins
John J. Jones
Lawrence M. Keitt
Jacob M. Kunkel
Lucius Q. C. Lamar
John M.Landrum
Charles H. Larrabee
James M. Leach
Shelton F. Leake
John A. Logan
Peter E. Love
Charles D. Martin
John McQueen
W. Porcher Miles
John S. Millson
William Montgomery
Laban T. Moore
Sydenham Moore
Isaac N. Morris

So the bill was passed.

Mr. William E. Niblack
George H. Pendleton
Samuel O. Peyton
John S. Phelps
Roger A. Pryor
James L. Pugh
John H. Reagan
John H. Reynolds
Jetur R. Riggs
James C. Robinson
Thomas Ruffin
John Schwartz
Charles L. Scott
William E. Simms
Otho R. Singleton
William Smith
James A. Stallworth
John W. Stevenson
Lansing Stout
Miles Taylor
Eli Thayer

James H. Thomas
John W. H. Underwood
Clement L. Vallandigham
Zebulon B. Vance.
Edwin H. Webster
William G. Whiteley
Warren Winslow
Samuel H. Woodson
John V. Wright.

Mr. Bingham 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.

Ordered, That the Clerk request the concurrence of the Senate in the said bill.

On motion of Mr. Bonham,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the bill of the House (H. R. 201) providing for the construction of four bridges across the Rio Grande, in the Territory of New Mexico, and that the same be laid on the table.

Mr. Bonham, from the same committee, to whom was referred the bill of the House (H. R. 200) to provide for the completion of the military road from Fort Union to Santa Fé, New Mexico, reported the same without amendment, accompanied by a report in writing thereon. Ordered, That the said bill be committed to the Committee of the Whole House on the state of the Union, and that the bill and report be printed.

Mr. Pendleton, from the same committee, reported a bill (H. R. 702) making appropriations for the construction of certain military roads in the Territory of Washington; which was read a first and second

time, committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. Scott, from the Committee on Indian Affairs, to whom was referred the bill of the House (H. R. 171) for the relief of Richard Chenery, reported the same without amendment, accompanied by a report in writing thereon.

Ordered, That the said bill be committed to a Committee of the Whole House, made the order of the day for to-morrow, and that the bill and report be printed.

Mr. Gooch, from the Committee on the Territories, reported a bill (H. R. 703) making appropriations for the payment of the expenses of the legislative assembly of the Territory of Minnesota; which was read a first and second time, committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. John B. Clark, from the same committee, reported a bill (H. R. 704) appropriating money for the erection of public buildings in certain Territories therein named, and for other purposes: which was read a first and second time, committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. Waldron, from the same committee, reported a bill (H. R. 705) making appropriations for territorial libraries; which was read a first and second time, committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. Case, from the same committee, reported a bill (H. R. 706) to authorize the President of the United States, in conjunction with the State of California, to run and mark the boundary lines between the Territories of the United States and the State of California; which was read a first and second time.

Ordered, That the said bill be engrossed and read a third time. Being engrossed, it was accordingly read the third time and passed. Mr. Case 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.

Ordered, That the Clerk request the concurrence of the Senate in the said bill.

Mr. Grow, from the same committee, reported a bill (H. R. 707) to provide a temporary government for the Territory of Idaho; which was read a first and second time.

Pending the question on its engrossment,

Mr. John B. Clark moved to amend the same by striking out the proviso at the end of the 6th section.

Pending which,

Mr. William Kellogg, by unanimous consent, submitted an additional amendment, to come in at the end of the bill.

Pending which,

Mr. Thayer proposed to submit an amendment in the nature of a substitute for the bill.

When

Mr. Grow made the point of order that, inasmuch as the bill provided for the organization of a territorial government, and the amend

ment simply provided for the establishment of land offices, the amendment was out of order.

The Speaker sustained the said point of order.

From this decision of the Chair Mr. Thayer appealed.

Pending which,

Mr. Ellihu B. Washburne moved that the appeal be laid on the table.

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

Mr. Charles F. Adams

John B. Alley
William C. Anderson
Elijah Babbitt

Charles L. Beale
John A. Bingham
Samuel S. Blair
Harrison G. Blake
Thomas S. Bocock
William D. Brayton
James Buffinton
Anson Burlingame
Alfred A. Burnham
Martin Butterfield
John Carey
Charles Case
Clark B. Cochrane
Schuyler Colfax
Roscoe Conkling
John Covode
Jabez L. M. Curry
Samuel R. Curtis
H. Winter Davis
Henry L. Dawes
Charles Delano
R. Holland Duell
W. McKee Dunn

Thomas M. Edwards

Mr. Thomas D. Eliot

John F. Farnsworth
Reuben E. Fenton
Stephen C. Foster
Augustus Frank
Daniel W. Gooch
Galusha A. Grow
James T. Hale
William Helmick
George W. Hughes
William Irvine
Francis W. Kellogg
William S. Kenyon
David Kilgore
De Witt C. Leach
M. Lindley Lee
Dwight Loomis
Owen Lovejoy
Gilman Marston
James B. McKean
Robert McKnight
Edward McPherson
James K. Moorhead
Justin S. Morrill
John T. Nixon
Abraham B. Olin
John J. Perry
John U. Pettit

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Mr. John F.Potter
Alexander H. Rice
Christopher Robinson
Homer E. Royce
John Schwartz
George W. Scranton
John Sherman
Francis E. Spinner
James A. Stallworth
Benjamin Stanton
Thaddeus Stevens
William Stewart
Mason W. Tappan
Cydnor B. Tompkins
Charles R. Train
Carey A. Trimble
William Vandever
John P. Verree
Edward Wade
Henry Waldron
E. P. Walton
Cadwalader C. Washburn
Ellihu B. Washburne
Israel Washburn, jr.
Alfred Wells
James Wilson
William Windo
John Woodruff.

Mr. Shelton F. Leake
John A. Logan
Peter E. Love
Charles D. Martin
John McQueen
W. Porcher Miles
John S. Millson
William Montgomery
Sydenham Moore
Edward Joy Morris
Isaac N. Morris
William E. Niblack
George H. Pendleton
Samuel O. Peyton
John S. Phelps
Albert G. Porter
Roger A. Pryor
James L. Pugh
John H. Reagan
John H. Reynolds

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