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After debate,

Mr. William Kellogg moved that the further consideration of the bill be postponed until to-morrow at 2 o'clock p. m.; which motion. was disagreed to.

Mr. Johnson moved, at 10 o'clock and 30 minutes p. m., that the House adjourn.

And the question being put,

It was decided in the negative, {eas.

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

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So the House refused to adjourn.

After further debate,

Mr. George K. Shiel
Edward H. Smith
William G. Steele
John D. Stiles
Benjamin F. Thomas
Clement L. Vallandigham
Daniel W. Voorhees
William H. Wadsworth
John W. Wallace
Kellian V. Whaley
Chilton A. White
Charles A. Wickliffe
George C. Woodruff
George H. Yeaman.

Mr. John H. Rice

Albert G. Riddle
Aaron A. Sargent
Joseph Segar
John P. C. Shanks
William P. Sheffield
Samuel Shellabarger
Socrates N. Sherman
A. Scott Sloan
Elbridge G. Spaulding
Thaddeus Stevens
Rowland E. Trowbridge
Burt Van Horn
Rob't B. Van Valkenburgh
John P. Verroe
Amasa Walker
Ellihu B. Washburne
James F. Wilson

William Windom
Samuel T. Worcester.

Mr. Cravens moved, at 11 o'clock and 10 minutes p. m., that the House adjourn; which motion was disagreed to.

After further debate,

On motion of Mr. Stevens, by unanimous consent, it was ordered that the previous question be considered as seconded; and that to

morrow, after further debate of one hour and twenty minutes, the House will proceed to vote on the pending amendments, as though the main question had been ordered.

And then,

On motion of Mr. Francis W. Kellogg, at 11 o'clock and 35 minutes p. m., the House adjourned.

THURSDAY, FEBRUARY 19, 1863.

The following petitions and memorials were laid upon the Clerk's table, under the rule:

By Mr. McKnight: The petition of citizens of Pennsylvania, for a reduction of the tax on common beer; which was referred to the Committee of Ways and Means.

By Mr. William H. Wallace: The memorial of the legislature of Washington Territory, in relation to the fortification of the Columbia river and Puget's sound; which was referred to the Committee on Military Affairs;

Also, the petition of citizens of Washington Territory, for a wagon road; which was referred to the Committee on Roads and Canals.

By Mr. Windom: The petition of citizens of Minnesota, for a bankrupt law; which was referred to the Committee on the Judiciary. By Mr. Holman: The petition of James Nokes, for compensation for property destroyed by United States troops in Virginia; which was referred to the Committee of Claims.

By Mr. Patton: The petition of citizens of Venango county, Pennsylvania, for a mail route from Pleasantville to Clarion; which was referred to the Committee on the Post Office and Post Roads.

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

I. A letter from the Secretary of the Treasury, transmitting a list of the clerks and other persons employed in the various offices of his department during the year 1862; which was laid on the table and ordered to be printed.

II. A letter from the Secretary of the Treasury, in answer to a resolution of the House of the 12th ultimo, relative to the employment and sustenance of slaves in the disloyal States; which was laid on the table and ordered to be printed.

III. A letter from the Secretary of the Navy, in answer to a resolution of the House of the 19th of December last, in reference to prize matters; which was referred to the Committee on Naval Affairs and ordered to be printed.

IV. A letter from the Secretary of War, transmitting, in answer to a resolution of the House of the 3d instant, a copy of the proceedings of the court-martial convened for the trial of Major General Fitz-John Porter; which was laid on the table and ordered to be printed.

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

Resolved, That the Secretary of War be, and he is hereby, directed to furnish to the House of Representatives a copy of Captain James

L. Fisk's report of the expedition to escort emigrants from Fort Abercrombie to Fort Benton and to Fort Walla-Walla.

Mr. Granger, from the Committee on Enrolled Bills, reported that the committee did, on the 18th instant, present to the President of the United States bills of the following titles, viz:

H. R. 478. An act for the relief of certain of the crew of the ship "Nightingale;" and

H. R. 749. An act for the relief of Ignatius C. Mattingly, postmaster at Bardstown, Kentucky.

The House then proceeded to the consideration of the bill of the House (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof, with the amendments of the Senate thereto.

After debate thereon for the period of one hour and twenty minutes, the Speaker announced, in pursuance of the order of yesterday, that the main question would be considered as being ordered to be now put.

When

Mr. Vallandigham moved that the bill and pending amendments be laid on the table.

And the question being put,

It was decided in the negative, {Xays:

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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 Thomas A. D. Fessenden Mr. Robert McKnight

George P. Fisher
Richard Franchot
Augustus Frank
John N. Goodwin
John A. Gurley
Michael Hahn
James T. Hale
Richard A. Harrison

John Hickman

Samuel Hooper
John Hutchins
George W. Julian
William D. Kelley
Francis W. Kellogg
William Kellogg
William E. Lansing
Cornelius L. L. Leary
William E. Lehman
Dwight Loomis
Owen Lovejoy
Frederick F. Low
Walter D. McIndoe

James B. McKean

Edward McPherson

Gilman Marston
Horace Maynard
William Mitchell
James K. Moorhead
Justin S. Morrill
John T. Nixon
John W. Noell
Abraham B. Olin
John Patton
Timothy G. Phelps
Frederick A. Pike
Theodore M. Pomeroy
Albert G. Porter
John F. Potter
Alexander H. Rice
John H. Rice
Albert G. Riddle
Edward H. Rollins
Aaron A. Sargent
Charles B. Sedgwick
Joseph Segar

John P. C. Shanks

Mr. William P. Sheffield
Samuel Shellabarger
Socrates N. Sherman
A. Scott Sloan
Elbridge G. Spaulding
Thaddeus Stevens
John L. N. Stratton
Rowland E. Trowbridge
Burt Van Horn

Rob't B. Van Valkenburgh
Charles H. Van Wyck
John P. Verree
Amasa Walker
William Wall
John W. Wallace
E. P. Walton

Ellihu B. Washburne
Edwin H. Webster
William A. Wheeler
Albert S. White
James F. Wilson
William Windom
Samuel T. Worcester.

So the House refused to lay the bill and pending amendments on the table.

The amendments of the Senate were then read as follows:
Strike out the title and insert:

"An act to regulate judicial proceedings in certain cases therein mentioned."

Also strike out all after the enacting clause and insert:

"That if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any officer, civil or military, or against any other person, for any arrest or imprisonment made or other trespasses or wrongs done or committed, or any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or any act of Congress, and the defendant shall, at the time of entering his appearance in such court, or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or prosecution is pending, file a petition stating the facts and verified by affidavit for the removal of the cause for trial at the next circuit court of the United States, to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause, if special bail was originally required therein, it shall then be the duty of the State court to accept the surety and proceed no further in the cause or prosecution, and the bail that shall have been originally taken shall be discharged. And such copies being filed as aforesaid in such court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding. And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so

attached to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment had it been rendered in the court in which the suit or prosecution was commenced. And it shall be lawful in any such action or prosecution which may be now pending, or hereafter commenced, before any State court whatever, for any cause aforesaid, after final judgment, for either party to remove and transfer, by appeal, such case during the session or term of said court at which the same shall have taken place, from such court to the next circuit court of the United States to be held in the district in which such appeal shall be taken, in manner aforesaid. And it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the process, proceedings, and judgment in such cause; and it shall also be competent for either party, within six months after the rendition of a judgment in any such cause, by writ of error or other process, to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made, as aforesaid. And the State court from which any such action, civil or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duly to enter the removal and transfer, as aforesaid, in the circuit court of the United States, agreeably to this act, the State court, by which judgment shall have been rendered, and from which the transfer and removal shall have been made, as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: And provided, also, That no such appeal or writ of error shall be allowed in any criminal action or prosecution, where final judgment shall have been rendered in favor of the defendant or respondent by the State court. And in any action or prosecution against any person, as aforesaid, it shall be lawful for such person to plead the general issue, and give this act and any special matter in evidence. And if in any suit hereafter commenced the plaintiff is nonsuited or judgment pass against him, the defendant shall recover double costs.

"SEC. 2. And be it further enacted, That if it shall appear upon the trial of any action provided for and mentioned in the first section of this act that there was probable cause for the arrest, imprisonment, or other act complained of, or that in making such arrest or imprisonment, or committing such act, the defendant acted in good faith, under the authority or order of the President of the United States, or under an act of Congress, then, and in every such case, the foregoing facts, or either of them, shall constitute a full and complete defence to the action; and it shall be the duty of the court trying the cause so to instruct the jury, and that their finding must be accordingly.

'SEC. 3. And be it further enacted, That any suit or prosecution de

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