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previous to May 1, 1858; the said Shirley to receive the same in full of his claim for $2,813 88 presented to the Committee of Accounts.

Mr. Clark 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.

The morning hour having expired,

The Speaker announced as the business in order the bill of the House (H. R. 244) to guarantee to certain States, whose governments have been usurped or overthrown, a republican government-heretofore made a special order from day to day.

Mr. Fenton moved that its further consideration be postponed until Tuesday next after the morning hour.

Pending which,

Mr. Fenton moved the previous question; which was seconded.
The question was then put, Shall the main question be now put?

(Yeas

And it was decided in the affirmative, Nays..

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

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William H. Randall
Alexander H. Rice
John H. Rice
Edward H. Rollins
Thomas B. Shannon
Ithamar C. Sloan
Thaddeus Stevens
M. Russell Thayer
Francis Thomas
Charles Upson
Ellihu B. Washburne
William B. Washburn
Edwin H. Webster
Thomas Williams
A. Carter Wilder
William Windom
Fred'ck E. Woodbridge.

Mr. James S. Rollins
Lewis W. Ross
John B. Steele

Myer Strouse
John T. Stuart

TRRE

Brutus J. Clay James A. Cravens John L. Dawson Henry C. Deming Charles Denison John R. Eden

Charles A. Eldridge

John Law

William E. Finck

Lorenzo D. M. Sweat
Daniel W. Voorbees
Kellian V. Whaley

Ezra Wheeler
Chilton A. White
Joseph W. White
Charles H. Winfield
Fernando Wood.

So the main question was ordered, and being put, viz: Shall the consideration of the bill be postponed ?

It was decided in the affirmative, J Yeas

Nays..

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

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76

46

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So the further consideration of the said bill was postponed until Tuesday next after the morning hour.

Mr. Wilson, by unanimous consent, introduced a joint resolution (H. Res. 65) directing the Committee on the Conduct of the War to examine into the recent attack on Fort Pillow; which was read a first and second time. Ordered, That it be engrossed and read a third time.

Being engrossed, it was accordingly read the third time and passed.

Mr. Wilson 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 joint resolution.

Mr. Ambrose W. Clark, from the Committee on Printing, reported the following resolution; which was read, considered, and agreed to, viz:

Resolved, That the order of this House, given on the 12th of April (instant,) to print the accounts of the superintendent and agents of the Southern Indian superintendency, be, and it is hereby, rescinded.

Mr. Clark 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.

The Speaker having announced as the business next in order the bill of the House (H. R. 342) making appropriations for public buildings in the Territories of Colorado, Nevada, Dakota, Idaho, Arizona, and Montana-heretofore reported from the Committee of the Whole House on the state of the Union,

On motion of Mr. John H. Rice,

Ordered, That its further consideration be postponed until Wednesday next. The Speaker having announced as the business next in order the joint resolution of the House (H. Res. 53) amendatory of the Constitution of the United States heretofore postponed until the 12th instant,

On motion of Mr. Stevens,

Ordered, That its further consideration be postponed for one week.
Mr. Brooks moved that the vote last taken be reconsidered.

Pending which,

Mr. John D. Baldwin moved that the motion to reconsider be laid on the table.

And the question being put,

It was decided in the affirmative...

(Yeas.
Nays.

{Yeas.:

The yeas and nays being desired by one-fifth of the members present,

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So the motion to reconsider was laid on the table.

Mr. Thomas B. Shannon
Ithamar C. Sloan
Green Clay Smith
Thaddeus Stevens
John T. Stuart
M. Russel Thayer
Francis Thomas
Henry W. Tracy
Charles Upson

R. B. Van Valkenburgh
Ellihu B. Washburne
Edwin H. Webster
Kellian V. Whaley
Thomas Williams
A. Carter Wilder
James F. Wilson
Fred'ck E. Woodbridge.

Mr. Samuel J. Randall
James C. Robinson
John G. Scott
John B. Steele
Myer Strouse

Daniel W. Voorhees
Ezra Wheeler
Chilton A. White
Joseph W. White

Charles H. Winfield
Fernando Wood.

The Speaker having announced as the business next in order the bill of the House (H. R. 395) to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof heretofore introduced by Mr. Hooper and its further consideration postponed until this day,

Mr. Holman made the point of order that the said bill must receive its first consideration in the Committee of the Whole House on the state of the Union, on the ground that it imposed a tax, and also made an appropriation.

The Speaker overruled the said point of order, on the ground that it contained no appropriation, nor did it impose a tax upon the people, such as was contemplated by the rule.

From this decision of the Chair Mr. Holman appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

It was decided in the affirmative, {es

....

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

Mr. John B. Alley
William B. Allison
Oakes Ames
Lucien Anderson
Isaac N. Arnold
James M. Ashley
John D Baldwin
Portus Baxter
Fernando C. Beaman
James G. Blaine
George S. Boutwell

Mr. John W. Longyear
James M. Marvin

Mr. John H. Rice
Edward H. Rollins
Thomas B. Shannon
Ithamar C. Sloan
Green Clay Smith
Thaddeus Stevens
M. Russell Thayer
Henry W. Tracy
Charles Upson

71

31

FIZE

John M. Broomall
William G. Brown
Ambrose W. Clark
Freeman Clarke
Amasa Cobb
Cornelius Cole
Henry L. Dawes

Mr. Henry C. Deming
John F. Driggs
Ebenezer Dumont
Ephraim R. Eckley
Augustus Frank
James A. Garfield
Daniel W. Gooch
Josiah B. Grinnell
William Higby
Samuel Hooper
Giles W. Hotchkiss
Asahel W. Hubbard
John H. Hubbard
Thomas A. Jenckes
George W. Julian
William D. Kelley
Francis W. Kellogg
Orlando Kellogg

John R. McBride
Joseph W. McClurg
Walter D. McIndoe
Samuel F. Miller
James K. Moorhead
Justin S. Morrill
Daniel Morris
Amos Myers
Charles O'Neill
Godlove S. Orth
Sidney Perham
Frederick A. Pike
Theodore M. Pomeroy
Hiram Price
William H. Randall
Alexander H. Rice

R. B. Van Valkenburgh
Ellihu B. Washburne
William B. Washburn
Thomas Williams
A. Carter Wilder
James F. Wilson
William Windom
Fred'ck E. Woodbridge.

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Mr. Fernando Wood also made the point of order that the bill must be first considered in Committee of the Whole, because it created new offices, and affixed salaries to the same, and thereby created a charge upon the people.

The Speaker overruled the said point of order, on the ground that the salaries created by the bill must be appropriated for by another bill, and that no appropriation is made therefor by the present bill.

From this decision of the Chair Mr. Wood appealed.

And the question being put, Shall the decision of the chair stand as the judgment of the House?

Yeas.

.....

It was decided in the affirmative, Nays

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

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85

9

R. B Van Valkenburgh
Ellibu B. Washburne
Edwin H. Webster
Thomas Williams
A. Carter Wilder
James F. Wilson
William Windom
Fred'ck E. Woodbridge.

Mr. Ezra Wheeler
Fernando Wood.

Mr. Holman having proposed to renew the point of order just made on the suggestion that other sections of the bill than those already referred to contained an appropriation.

The Speaker decided that the said point of order could not be renewed, on the ground that such a practice would open the door to an indefinite number of appeals, and he referred to a decision in the 32d Congress in confirmation of his decision.

From this decision of the Chair Mr. Holman appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

It was decided in the affirmative.

So the decision of the Chair was sustained.

The House then proceeded to the consideration of the said bill, (H. R. 395.) Pending the question on its engrossment,

After debate,

Mr. Hooper submitted an amendment thereto.

Pending which,

Mr. Hooper moved the previous question, and the House refused to second the same.

Mr. Fenton then moved the previous question on the said amendment. Pending which,

Mr. Brooks moved, at 4 o'clock and 45 minutes p. m., that the House adjourn; 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 agreed to.

Mr. Fenton submitted the following amendment, viz: Strike out all after line 9, to the end of section 41, and insert in lieu thereof: "And nothing in this act shall be construed to prevent the taxation by States of the capital stock of banks organized under this act, the same as the property of other moneyed corporations, for State or municipal purposes; but no State shall impose any tax upon such associations, or their capital, circulation, dividends, or business, at a higher rate of taxation than shall be imposed by such State upon the same amount of moneyed capital in the hands of individual citizens of such State: Provided, That no State tax shall be imposed on any part of the capital stock of such association invested in the bonds of the United States deposited as security for its circulation."

The same having been read,

Mr. Fenton moved the previous question thereon; which was seconded and the main question ordered and put, viz: Will the House agree to the said amendment? Yeas

....

And it was decided in the affirmative, {Nays..

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

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Fernando C. Beaman
James G. Blaine
George S. Boutwell

John M. Broomall

William G. Brown
Ambrose W. Clark
Freeman Clarke
Brutus J. Clay
Amasa Cobb
Cornelius Cole

Orlando Kellogg

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John A. J. Creswell
Henry Winter Davis
John L. Dawson
John R. Eden

Charles A. Eldridge
William E. Finck
John Ganson
William A. Hall

John Law
Jesse Lazear

Mr. Alexander Long
Daniel Marey
John R. McBride
James F. McDowell
John F. McKinney
William H. Miller
James R. Morris
William R. Morrison
Homer A. Nelson
Warren P. Noble
Moses F. Odell
George H. Pendleton
John V. L. Pruyn
William Radford
Samuel J. Randall

Mr. James C. Robinson
James S. Rollins
Lewis W. Ross
John G. Scott
John B. Steele
Myer Strouse
John T. Stuart
M. Russell Thayer
Francis Thomas
Ezra Wheeler
Chilton A. White
Joseph W. White
Thomas Williams
Charles H. Winfield
Fernando Wood.

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