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Ordered, That the said petitions be referred to the Committee on the Post Office and Post Roads.

By Mr. Grow: The petition of citizens of the State of Ohio, in behalf of Helen Burton, widow of Sydney C. Burton; which was referred to the Committee on the Judiciary.

By Mr. Larrabee: The memorial of John McLean Gardner, complaining of Mr. Upham, United States district attorney for the State of Wisconsin, for refusing to institute the proper proceedings to put said Gardner in possession of a quarter section of land; which was referred to the Committee on the Judiciary.

By Mr. Bingham: The petition of citizens of the State of Ohio, praying for the repeal of the fugitive slave acts; which was referred to the Committee on the Judiciary.

Also, the petition of citizens of the State of Ohio, praying the abolition of slavery in the District of Columbia; which was referred to the Committee for the District of Columbia.

Also, the petition of citizens of the State of Ohio, praying for further legislation to prevent foreign slave trade; which was referred to the Committee on Foreign Affairs.

By Mr. William Smith: The petition of Austin E. Smith, assignee of W. Wallace Ward-heretofore referred April 6, 1858; which was referred to the Committee on the Judiciary.

By Mr. Dunn: The petition of citizens of the State of Indiana, relative to the Louisville and Portland canal;

Also, the memorial of citizens of the Territory of Kansas, praying for a grant of lands for railroad purposes.

Ordered, That the said petition and memorial be referred to the Committee on Roads and Canals.

By Mr. McPherson: The petition of John R. Crump, praying compensation for services rendered as engineer of the Pacific wagon road expedition: which was referred to the Committee of Claims.

By Mr. Helmick: Two petitions of citizens of the State of Ohio, asking homesteads to actual settlers.

By Mr. Riggs: The petition of citizens of the State of New Jersey, praying for the passage of a homestead bill.

Ordered, That the said petitions be referred to the Committee on Public Lands.

By Mr. Parrott: The petition of settlers on the Cherokee neutral lands, asking that their titles to said lands may be secured to them; which was referred to the Committee on Indian Affairs.

Also, the memorial of the president and directors of the Lebett and Fort Riley Railroad Company, asking that a grant of lands be made to them; which was referred to the Committee on Public Lands.

By Mr. Burlingame: The memorial of A. G. Benson, praying to be indemnified for his losses and damages growing out of his importation of guano from the Lobos islands; which was referred to the Committee on Foreign Affairs.

By Mr. Spinner: The petition of Herman J. Ehle, praying pension for services rendered in the war of 1814.

By Mr. Duell: The petition of Lizur B. Canfield, praying that his pension may date from the time of his disability.

By Mr. Perry: The petition of Abraham Richards-heretofore referred June 30, 1856.

By Mr. Covode: The petition of George W. Bonner, praying increase of pension for services rendered in the Mexican war.

By Mr. Junkin: The petition of citizens of the State of Pennsylvania, praying an increase of pensions allowed to old soldiers.

By Mr. Israel Washburn, jr.: The petition of citizens of the State of Maine, praying pensions to soldiers of the war of 1812.

By Mr. Perry: The petition of Thomas Berry-heretofore referred February 19, 1856;

Also, the petition of Simon Record—heretofore referred February 19, 1856;

Also, the petition of Abel M. Bryant-heretofore referred December 17, 1856.

Ordered, That the said petitions be referred to the Committee on Invalid Pensions.

A message from the Senate, by Mr. Dickins, their Secretary: Mr. Speaker: The Senate have passed a resolution and bills of the following titles, viz:

S. Res. 7. A resolution for the relief of the legal representatives of John A. Frost, deceased;

S. 22. An act for the relief of John Scott, Hill W. House, and Samuel O. House;

S. 23. An act for the relief of Arnold Harris and Samuel F. Butterworth;

S. 39. An act for the relief of Simon de Visser and José Villarubia, of New Orleans;

S. 56. An act for the relief of Richard W. Meade;

S. 57. An act for the relief of David D. Porter;

S. 58. An act for the relief of George B. Bacon, late acting purser of the sloop-of-war Portsmouth;

S. 59. An act for the relief of Samuel A. West, George McCullough, and Charles Pendergrast;

S. 60. An act for the relief of Ann Scott;

S. 63. An act for the relief of Michael Nash, of the District of Columbia;

S. 65. An act for the relief of Mrs. Jane M. McCrabb, widow of the late Captain John W. McCrabb, assistant quartermaster United States army;

S. 69. An act for the relief of Livingston, Kinkead & Company;
S. 70. An act for the relief of George Stealey;
S. 74. An act for the relief of Edward N. Kent;
S. 77. An act for the relief of Richard Chenery;
S. 78. An act for the relief of Francis Hüttman;
S. 79. An act for the relief of Tench Tilghman;
S. 80. An act for the relief of Jeremiah Moors;

S. 81. An act for the relief of Elizabeth M. Cocke, widow of Major James H. Cocke, late marshal of the district of Texas;

S. 89. An act for the relief of William D. Mosely;
S. 91. An act for the relief of Henry Etting;

S. 239. An act for the relief of the legal representatives of Charles Pearson, deceased;

S. 242. An act for the relief of Thomas Brown;

in which I am directed to ask the concurrence of this House.

I am also directed to notify the House of the orders of the Senate to print certain documents.

Notices were given, under the rule of motions, for leave to introduce bills, as follows, viz:

By Mr. Stout: A bill to provide for a railroad from some point on the Missouri river to the State of California;

Also, a bill providing for the payment of the awards of the commissioners appointed under the third article of the treaty of September 10, 1853, with the Rogue River Indians, in the Territory of Oregon;

Also, a bill to create two superintendencies of Indian affairs in Oregon and the Territory of Washington.

By Mr. Landrum: A bill recognizing the survey of the Grand Cheniere island, State of Louisiana, as approved by the surveyor general, and for other purposes.

The Speaker, by unanimous consent, laid before the House executive communications, as follows, viz:

I. A letter from the Secretary of the Interior, submitting additional estimates of appropriations for the Indian service in Oregon and Washington; which was referred to the Committee of Ways and Means, and ordered to be printed.

II. A letter from the Secretary of the Interior, transmitting, in compliance with a resolution of the House of the 27th ultimo, a report in relation to the New York Indian reserve in Kansas Territory; which was referred to the Committee on Indian Affairs, and ordered to be printed.

III. A letter from the Secretary of the Interior, informing the House that the papers in regard to the Art Commissioners, called for by a resolution of the House, have been referred to the War Department, together with a copy of the said resolution; which was laid on the table, and ordered to be printed.

The Speaker also, by unanimous consent, laid before the House certain evidence received by him in the following contested election

cases:

In the case of William G. Harrison, contesting the seat of Henry Winter Davis as a member from the fourth congressional district of the State of Maryland;

In the case of William P. Preston, contesting the seat of J. Morrison Harris as a member from the third congressional district of the State of Maryland; and

In the case of Samuel G. Daily, contesting the seat of Experience Estabrook as a delegate from the Territory of Nebraska;

which was referred to the Committee of Elections, and ordered to be printed.

Mr. Millson having proposed to submit, as a question of privilege, the following resolution, viz:

Resolved, That the House will proceed to-morrow, at one o'clock p. m., to elect a chaplain, who shall officiate, during the present Congress, alternately with the chaplain already elected by the Senate, Mr. Houston made the point of order that the said resolution did not present a question of privilege.

The Speaker overruled the said point of order.

From this decision of the Chair Mr. Houston appealed.
Pending which,

On motion of Mr. Millson,

Ordered, That the appeal be laid on the table.

The question then recurring on the said resolution,

Mr. Millson moved the previous question.

Pending which,

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

It was decided in the negative, {Xeys.

....

61

116

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. J. Morrison Harris
John B. Haskin

Robert Hatton
William Helmick
John Hickman
Charles B. Hoard
George W. Hughes
James Humphrey
John Hutchins
William Irvine
Benjamin F. Junkin
Francis W. Kellogg
William Kellogg
De Witt C. Leach
Shelton F. Leake
M. Lindley Lee
Owen Lovejoy
William B. Maclay
Robert Mallory
Gilman Marston
Charles D. Martin
James B. McKean
Robert McKnight

Edward McPherson

Mr. John S. Millson

William Millward
Laban T. Moore
James K. Moorhead
Justin S. Morrill
Edward Joy Morris
Freeman H. Morse
Thomas A. R Nelson
William E. Niblack
John T. Nixon
Abraham B. Olin
John J. Perry
Albert G. Porter
John F. Potter
Emory B. Pottle
John H. Reynolds
Alexander H. Rice
Christopher Robinson
Homer E. Royce
John Schwartz
Charles B. Sedgwick
John Sherman
William E. Simms
Daniel E. Somes

Mr. Elbridge G. Spaulding
Benjamin Stanton
Thaddeus Stevens
John W. Stevenson
William Stewart
William B. Stokes
Lansing Stout
John L. N. Stratton
Mason W. Tappan
Eli Thayer

Thomas C. Theaker
Cydnor B. Tompkins
Charles R. Train

Carey A. Trimble

William Vandever

Charles H. Van Wyck

E. P. Walton

Cadwalader C. Washburn
Ellihu B. Washburne
Israel Washburn, jr.
Alfred Wells
James Wilson

John Woodruff.

So the House refused to lay the resolution on the table.

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 resolution was agreed to.

Mr. Millson 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. Israel Washburn, jr., from the select committee to whom were referred the rules of the House, with leave to report at any time, submitted a report; which was committed to the Committee of the Whole House on the state of the Union, and ordered to be printed, and made the special order for Thursday, the 15th instant, and from day to day thereafter until disposed of.

On motion of Mr. Briggs, the rules having been suspended for that purpose, the House proceeded to the consideration of the Senate bills and resolutions on the Speaker's table.

When

Bills and resolutions of the following titles were severally read a first and second time, and referred as follows, viz:

S. 117. An act for the relief of Guadalupe Estudillo de Arguello, widow of Santiago E. Arguello; and

S. 242. An act for the relief of Thomas Brown;

to the Committee of Claims.

S. 192. An act authorizing the corporation of Washington city to make a loan and issue stock for two hundred thousand dollars for building a market-house; and

S. 63. An act for the relief of Michael Nash, of the District of Columbia;

to the Committee for the District of Columbia.

S. Res. 16. Joint resolution authorizing Captains William L. Hudson and Joshua R. Sands to accept certain testimonials awarded to them by the government of Great Britain;

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