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Mr Elijah Babbitt

Samuel S. Blair
Alexander R. Boteler
Reese B. Brabson
William D. Brayton
James Buffinton
John C. Burch
Henry C. Burnett
Alfred A. Burnham
Martin Butterfield
James H. Campbell
John Carey
Charles Case

John B. Clark
David Clopton
Williamson R. W. Cobb
Schuyler Colfax
Roscoe Conkling
John Covode
Samuel S. Cox
Samuel R. Curtis
H. Winter Davis
John G. Davis

R. Holland Duell
W. McKee Dunn
Sidney Edgerton
Thomas M. Edwards
Thomas D. Eliot
Alfred Ely

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Mr. Stephen C. Foster

Augustus Frank
Lucius J. Gartrell
Galusha A. Grow
J. Morrison Harris
John T. Harris
William Helmick
Joshua Hill

William S. Holman
George S. Houston
William A. Howard
James Humphrey
John Hutchins
James Jackson
Albert G. Jenkins
De Witt C. Leach
M. Lindley Lee
John A. Logan
Dwight Loomis
Owen Lovejoy
Robert Mallory
Gilman Marston
Robert McKnight
John McQueen
Laban T. oore
James K. Moorhead
Justin S. Morrill
William E. Niblack
John T. Nixon
George H. Pendleton

So the House refused to recommit the bill.

Mr. John U. Pettit
Albert G. Porter
James L. Pugh
James M. Quarles
John H. Reagan
Christopher Robinson
James C. Robinson
Homer E. Royce
Charles L. Scott
George W. Scranton
Charles B. Sedgwick
John Sherman
Francis E. Spinner
John W. Stevenson
James A. Stewart
Lansing Stout
John L. N Stratton
Mason W. Tappan
Miles Taylor

Cydnor B. Tompkins
Carey A. Trimble

Edward Wade
Henry Waldron
E. P. Walton

Ellihu B. Washburne
Israel Washburn, jr.
Edwin H. Webster
William Windom
John Woodruff
John V. Wright.

Under the further operation of the previous question the bill was ordered to be engrossed and read a third time.

Mr. Ellihu B. Washburne moved that the vote last taken be reconsidered; which motion was agreed to.

The question again recurring on the engrossment of the bill,

Mr. Ellihu B. Washburne submitted an amendment in the nature of a substitute for the bill.

Pending which,

Mr. Taylor submitted an amendment (in the nature of a substitute) to the said amendment.

Pending which,

Mr. Ellihu B. Washburne moved the previous question; which was seconded and the main question ordered, and under the operation thereof the amendment of Mr. Taylor to the amendment of Mr. Ellihu B. Washburne was disagreed to, and the said amendment of Mr. Ellihu B. Washburne was agreed to.

Ordered, That the said bill be engrossed and read a third time.
Being engrossed, it was accordingly read the third time.
The question was then put, Shall the bill pass?

And it was decided in the affirmative, Yeas

Nays..

87

74

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

Mr. Charles F. Adams

Garnett B. Adrain

William Allen

Mr. John B. Alley
William T. Avery
Elijah Babbitt

Mr. Samuel S. Blair
Harrison G. Blake
Alexander R. Boteler

Mr. William D. Brayton
James Buffinton
John C. Burch
Henry C. Burnett
Alfred A. Burnham
Martin Butterfield
James H. Campbell
Schuyler Colfax
Roscoe Conkling
John Covode
Samuel S. Cox
Samuel R. Curtis
H. Winter Davis
John G. Davis

R. Holland Duell
Sidney Edgerton
Thomas M. Edwards
Thomas D. Eliot
Alfred Ely
Reuben E. Fenton
Orris S. Ferry
Augustus Frank
Galusha A. Grow
J. Morrison Harris
William Helmick
John Hickman

Mr. Joshua Hill

William S. Holman
William A. Howard
John Hutchins
Benjamin F. Junkin
Lawrence M. Keitt
Charles H. Larrabee
De Witt C. Leach
M. Lindley Lee
John A. Logan
Henry C. Longnecker
Dwight Loomis
Peter E. Love
Owen Lovejoy
Robert Mallory
Gilman Marston
Charles D. Martin
Robert McKnight
Edward McPherson
John McQueen
John S. Millson
Laban T. Moore
James K. Moorhead
Justin S. Morrill
Edward Joy Morris
Isaac N. Morris

Those who voted in the negative are

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Mr. James H. Graham
Thomas Hardeman, jr.
John T. Harris
George S. Hawkins
Charles B. Hoard
George S. Houston
William Howard
George W. Hughes
William Irvine
James Jackson
Francis W. Kellogg
William S Kenyon
Lucius Q. C. Lamar
James M. Leach
William B. Maclay
Horace Maynard
John J. McRae
Sydenham Moore
Freeman H. Morse
Thomas A. R. Nelson
William E. Niblack
John T. Nixon
John W. Noell
Samuel O. Peyton
John S. Phelps

So the bill was passed.

Mr. George H. Pendleton
John J. Perry

John U. Pettit

Albert G. Porter
James L. Pugh
James M. Quarles
Alexander H. Rice
Christopher Robinson
James C. Robinson
Homer E. Royce
John Schwartz
Charles L. Scott
Charles B. Sedgwick
John Sherman
Daniel E. Sickles
John W. Stevenson
Lansing Stout

Mason W. Tappan
Edward Wade
Henry Waldron
E. P. Walton
Ellihu B. Washburne
Israel Washburn, jr.
Edwin H. Webster
William Windom
John Woodruff.

Mr. Emory B. Pottle
Roger A. Pryor
Jetur R. Riggs
Thomas Ruffin
Albert Rust

George W. Scranton
William Smith
William N. H. Smith
Francis E. Spinner
James A. Stallworth
Benjamin Stanton
William B. Stokes
Miles Taylor
Thomas C. Theaker
James H. Thomas
Cydnor B. Tompkins
Charles R. Train
Carey A. Trimble

John W. H. Underwood

Zebulon B. Vance

Charles H. Van Wyck
Alfred Wells

Warren Winslow
John V. Wright.

Mr. Ellihu B. Washburne moved that the vote by which the said bill was passed be reconsidered, and also moved that the motion to reconsider be laid upon the table; which latter motion was agreed to. Ordered, That the Clerk request the concurrence of the Senate therein.

Mr. Campbell having called up the report of the Committee of Elections in the Nebraska contested election case

Mr. Phelps raised the question of consideration.

And the question being put, Will the House consider the same? It was decided in the affirmative.

The House having proceeded to the consideration of the said report,

The Speaker stated the question to be on agreeing to the following resolutions reported from the Committee of Elections, viz:

Resolved, That Experience Estabrook is not entitled to the seat as delegate from the Territory of Nebraska to the thirty-sixth Congress of the United States.

Resolved, That Samuel G. Daily is entitled to the seat as delegate from the Territory of Nebraska to the thirty-sixth Congress of the United States.

After debate,

Mr. Estabrook moved that the said report and accompanying reso lutions be recommitted to the Committee of Elections.

Pending which,

Mr. Campbell moved the previous question.
Pending which,

Mr. Boyce moved, at 3 o'clock and 20 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 motion of Mr. Estabrook was disagreed to.

Under the further operation of the previous question the said resolutions were then severally agreed to.

So it was

Resolved, That Experience Estabrook is not entitled to the seat as delegate from the Territory of Nebraska to the thirty-sixth Congress of the United States.

Resolved, That Samuel G. Daily is entitled to the seat as delegate from the Territory of Nebraska to the thirty-sixth Congress of the United States.

Mr. Campbell moved that the votes by which the said resolutions were agreed to be reconsidered, and also moved that the motion to reconsider be laid upon the table; which latter motion was agreed to. And thereupon

The said Samuel G. Daily appeared, was sworn to support the Constitution of the United States, and took his seat in the House.

The Speaker then proceeded, as the regular order of business, to call the committees for reports of a private nature.

When

Mr. Tappan, from the Committee of Claims, to whom were referred bills of the Senate of the following titles, viz:

S. 174. An act for the relief of William Money;

S. 118. An act for the relief of David Myerle;

S. 206. An act for the relief of Emilie G. Jones, executrix of Thomas P. Jones, deceased, and Nancy M. Johnson, administratrix of Walter R. Johnson, deceased;

S. 207. An act for the relief of James L. Edwards, administrator of R. Thomas Gedney, deceased;

reported the same severally without amendment, accompanied by reports in writing in each case except S. 118.

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

Mr. Tappan, from the same committee, made adverse reports upon the petitions of Samuel B. Elliott, Daniel Cannon, James Johnson, and Major E. H. Fitzgerald; which were severally laid on the table, and ordered to be printed.

On motion of Mr. Tappan,

Ordered, That the Committee of Claims be discharged from the further consideration of the petition of Michael Duffy, and that the same be referred to the Committee on Accounts.

Mr. Walton, from the same committee, reported a bill (H. R. 720) for the relief of Hooper & Williams, Livingston, Kincaid & Company, Gilbert & Gerrish, and others, accompanied by a report in writing; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for tomorrow, and the bill and report ordered to be printed.

Mr. Maynard, from the same committee, to whom was referred the resolution of the Senate (S. R. 27) entitled "A resolution authorizing the settlement of the accounts of John R. Bartlett, late commissioner of the United States to run and mark the boundary line between the United States and Mexico, and for other purposes," reported the same back without amendment, accompanied by a report in writing.

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. Ellihu B. Washburne, from the Committee on Commerce, reported a bill (H. R. 721) for the relief of Thomas Young and George Young, owners of the schooner "Elizabeth Mary," accompanied by a report in writing; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Sherman, by unanimous consent, introduced a bill (H. R. 722) granting to the officers, musicians, and privates of Captain Joseph Quigley's company of Ohio militia, in the war of eighteen hundred and twelve. the benefits of the acts of March third, eighteen hundred and fifty-five, and of May fourteenth, eighteen hundred and fifty-six; which was read a first and second time, and referred to the Committee on Public Lands.

Mr. Eliot, from the Committee on Commerce, made adverse reports upon the petitions of Larkin Snow and Zenas Shaw and A. Delmas; which were severally laid on the table, and ordered to be printed.

Mr. Helmick, from the Committee on the Post Office and Post Roads reported a bill (H. R. 723) for the relief of Harris & Hodge, of Missouri, accompanied by a report in writing; which bill was read a first and second time, committed to a Committee of the Whole

House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Moorhead, by unanimous consent, from the Committee on Commerce, to whom was referred the bill of the House (H. R. 330) to prevent and punish fraud in the use of false stamps, brands, labels, or trade-marks, reported the same back without amendment, accompanied by a report in writing.

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. Reynolds, from the Committee on the Judiciary, to whom was referred the bill of the Senate (S. 23) entitled "An act for the relief of Arnold Harris and Samuel F. Butterworth, reported the same back without amendment, accompanied by an adverse report in writing.

Ordered, That the said bill be laid upon the table, and that the report be printed.

Mr. Christopher Robinson, from the same committee, reported a bill (H. R. 724) for the relief of Sampson Stanfill, accompanied by a report in writing; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Cox, from the Committee on Revolutionary Claims, to whom was referred the bill of the Senate (S. 224) entitled "An act for the relief of the heirs-at-law of the late Abigail Nason, sister and devisee of John Lord, deceased, reported the same without amendment.

Ordered, That the said bill be committed to a Committee of the Whole House, made the order of the day for to-morrow, and printed. Mr. Vance, from the same committee, to whom was referred the memorial of the Presbyterian church at Princeton, New Jersey, made a report thereon, accompanied by a bill (H. R. 725) for its relief; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Cox, from the Committee on Revolutionary Claims, to whom was referred the petition of Reuben J. Champion, only child and heir of Reuben and Rhoda Champion, made a report thereon, accompanied by a bill (H. R. 726) for his relief; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Edwards, from the Committee on Indian Affairs, to whom was referred the petition of A. H. Jones and M. H. C. Brown, made a report thereon, accompanied by a bill (H. R. 727) for their relief; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

Mr. Reagan, from the same committee, to whom were referred the petition of the heirs of James McDaniel, and the bill of the House (H. R. 37) to execute the treaties of 1817 and 1819 with the Chero

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