I

Mr. WASHBURN, of Massachusetts. have no objection to that. I now yield five minutes to the gentleman from Tennessee.

Mr. STOKES. As there has been a good deal of controversy about this claim, I desire, as a member of the Committee of Claims, to state my position in regard to it. I have no feeling in regard to the claim of Colonel Pritchard or of Colonel Harnden. I have no respect for persons. An examination of the proof submitted to the committee satisfied my mind most clearly that the only way in which satisfaction can be given is to allow each man who was engaged in the capture his pro rata share according to the rules of the Army. I consider that Colonel Harnden and his men are just as much entitled to a portion of the $100,000 as are Colonel Pritchard and his men. The two regiments, or parts of regiments, were ordered and instructed to go in that direction. Their business was to capture Jeff. Davis. As has been truly remarked, Davis was then a criminal; the reward of $100,000 was offered for his capture, because it was alleged that he had been engaged in the murder of Mr. Lincoln, and therefore all the men, the colonels, the majors, the captains, and the privates were entitled to their pro rata share of the reward.

There was a lieutenant or sergeant with a squad of twenty or thirty men who were in Davis's camp in disguise; they traveled with Davis, dropping information that it was Davis and his band to negroes and other persons, so that our commanders could obtain information. We have awarded a portion of the payment to that lieutenant and his squad. The idea of sending out two different commands to capture one man and one party, and because a major, or captain and five or ten men came up with him first-the advanced guard or the men to the right or to the left-came up with him first, the whole amount of the reward is to go to that little squad of men is simply ridiculous. If you mean to do justice, you must give the reward to the men who were in the command and were moving in that direction at the time. I consider that the committee have done the best they could under the circumstances, and that is to divide the money equally between these parties. There is no other way to do justice. The idea of excluding Harnden and his men when they were upon the ground, and in fact did as much as Pritchard and his men is absurd.

Mr. WASHBURN, of Wisconsin. Let me ask the gentleman who it was that first struck the trail of Jeff. Davis and followed him for one or two days?

Mr. STOKES.

Yeoman.

I think it was Captain

Mr. WASHBURN, of Wisconsin. It was Colonel Harnden.

Mr. STOKES. I am saying that Colonel Harnden rendered as much service in the matter and is as much entitled to reward as Colonel Pritchard or any of his men.

Mr. WASHBURN, of Wisconsin. I believe the man who first struck the trail was Captain Yeoman, and he communicated the fact to Colonel Harnden, who followed the trail for two days.

[Here the hammer fell.]

Mr. WASHBURN, of Massachusetts. I yield now for five minutes to the gentleman from Illinois, [Mr. LOGAN.]

Mr. LOGAN. I desire merely to make a statement with reference to the question as presented by the report of one of the officers. I have not time to elaborate very much. I have examined the report of the committee and I have examined the bill, and I am clearly of the opinion that it is the only equitable way

to get at a distribution of this reward among the different soldiers that were engaged in the capture. The fact that any particular portion of these men captured Davis does not or would not in equity give them a right to all the money. General Wilson, I think, answers this proposition in his report a great deal better than I could answer it. The report that was first made from the War Department awarded this $100,000 to Colonel Pritchard and his regiment. General Wilson, in answering that, makes this statement which strikes me with great force, that if in justice Colonel Pritchard's whole regiment was entitled to a part of this reward, what justice would there be in excluding a part of Colonel Harnden's_regiment when they were nearer capturing Davis than a portion of Pritchard's regiment. A part of Colonel Pritchard's regiment were stationed as a kind of picket some twenty or thirty miles off from the main regiment on watch at the different crossings of the Ocmulgee river, while Harnden's regiment were in close pursuit and close proximity to Jefferson Davis.

Now, if the portion of Colonel Pritchard's regiment, the greater portion of it which were thirty miles off acting as picket guards at the crossings of the Ocmulgee river, are entitled to a portion of this money, I would ask with what justice we can exclude Harnden's men who were in close pursuit of, and in close proximity to, Jefferson Davis? In equity there would be noue. Hence I come to the conclusion that inasmuch as you cannot distribute this money according to the law of prizes which would not be fair, giving the officers the greater portion, and very little to the men-I come to the conclusion that the committee have recommended what is just und equitable in the premises; that is, to divide the money fairly between both regiments, both having been in close pursuit of Jefferson Davis, the division to be made according to the pay-roll of the Army.

I

Mr. WASHBURN, of Massachusetts. should be very glad to have the vote now taken on this bill. But there are two or three members who insist that they must have a few minutes to speak. I will yield first for five minutes to the gentleman from Michigan, [Mr. DRIGGS.]

Mr. DRIGGS. I am very much obliged to the gentleman for the five minutes he has yielded to me. I urged him to allow me eight minutes, and even then the members from the State of Michigan would have had less than half an hour in which to present their view of this matter. As I have not time to make the remarks I would like to submit, I will merely ask the Clerk to read a letter from Colonel Pritchard on this subject.

The Clerk read as follows:

ALLEGON, December 26, 1867. DEAR SIR: In compliance with your request of the 16th instant I transmit herewith copies of my reports of the Davis capture, together with extracts from the reports of Colonel Minty to General Wilson setting forth the orders under which I acted in the pursuit and capture, together with such other statements and references as I think may be of use to you in preparing your argument. First I give you the orders as embodied in the official report of Colonel Minty, namely:

[Extract.]

"On the evening of the 7th instant the major general commanding directed me to make immediate arrangements to prevent the escape of Jefferson Davis across the Ocmulgee and Flint rivers, south of Macon. "I already had pickets at all fords and ferries as far south as Hawkinsville. Idirected Lieutenant Colonel Fritchard, commanding fourth Michigan cavalry, to march at six o'clock p. m. with his regiment, move as rapidly as possible to Spalding, Irwin county, and there establish his headquarters, leaving pickets at all fords and ferries between Hawkinsville and that

place and also to picket from there to the mouth of

the Oconee river; but if he found that Davis had already crossed the Ocmulgee to follow and capture or kill him."

These orders were given to me verbally by Colonel Minty in person and from the maps which we then had before us of the country, Colonel Minty saying at the time that any orders which could be given would and could be only an outline of operations which it might be necessary to change or abandon entirely upon arriving upon the ground, and that I would be at liberty to make any change in the distribution of the forces that I might think best after

arriving on the ground, and the entire details of operations were left wholly to my discretion with unlimited range in case of necessity. There can be no question or doubt in regard to the orders being sufficient to cover the whole confederacy if it became necessary in pursuit.

I left Macon at eight o'clock p. m. of May 7 and marched all night, halting on the morning of the 8th at nine o'clock and rested until ten o'clock p. m. in order to feed, groom, and rest the horses, having marched thirty-six miles. Moving on again I passed through Hawkinsville just at sunset, haiting for the night three miles below, having marched fifty-one miles inside of twenty-four hours. I moved the command out on the morning of the 9th at five o'clock a. m. in the direction of Abbeville, where we arrived at three p. m. of the same day, having marched seventyfive miles from Macon. When about one mile out from Abbeville (and before I had met Lieutenant Colonel Harnden) I first learned of the pas-age of the Davis train over Brown's ferry the night before of a citizen, but could learn nothing definite in regard to the character of the train or parties with it further than that there were several wagons, the citizen denying that he had any definite knowledge of whose train it was. I continued to move on, and just as I was entering Abbeville was met by Colonel Harnden, first Wisconsin cavalry, accompanied by a single orderly. Colonel Harnden also gave me an account of the passage of the train through Abbeville as he had gathered it from the inhabitants of the town among whom it was no secret. He also stated that he had been following on the track of the train for some distance on the north side of the river with a detachment of the first Wisconsin cavalry, and that his men had gone on in the direction of Irwinsville and were from one and a half to two hours in advance. I asked him how many men he had; he replied that he had with him seventy or seventy-five men. I asked him if he thought his force sufficient, if not I would give him a detail from my regiment; he replied that he thought it ample.

During our conversation the subject of who probably was with the train was talked up to some extent, Colonel Harn 'en remarking that he was inclined to believe that Mrs. Davis was with it, as it was reported that there was a very lady-like appearing woman along, but expressly said that he did not think Davis

was with the train, but believed that he was traveling on parallel roads with an escort, and commuuicated with the train from time to time. I asked Colonel Harnden how far he intended to march that night and he said he should press through to Irwinsville before he went into camp if the train went

tare, remarking at the time that it was very uncer

tain where the train would go, as it was in the habit of driving off from the road to camp sometimes several miles.

The question of a concert of action was also discussed, but it was apparent at once that no definite plan could be agreed upon, as both Colonel Harnden and myself were entirely unacquainted with the roads and country, and no agreement or understanding was entered into between Colonel Haroden and myself whatever, further than that each agreed that no definite arrangement could be made. I told Harnden in general terms what my orders were, and that I would continue to move on down the river and would act as circumstances might dictate. And when Colonel Harnden states in his reports that he understood or that I said that I should remain at Abbeville on the night of the 9th, he is mistaken, for during all the time I was in conversation with Colonel Harnden he was riding with me at the head of my regiment, and continued to ride with me until my command had passed fuilone half inile below Abbeville, and when he left me and struck across the woods to the road his command had taken he left my command still moving down the river with no preparation or intention of halting. These facts can be proved by a regiment if necessary. At the time Haruden left me neither he or myself had any knowledge of the roads by which I approached Irwinsville, and I did not learn of the roads myself until I had marched three miles below Abbeville, when I met a negro who was watching his master's wagon which was broken down in the road. Tais negro gave me more definite information than 1 had received before in regard to the character of the train and the parties with it, by describing the actions of those with the train. He said that at the time the train was crossing Brown's ferry, one mile and a halt above Abbeville, they would not allow the ferryman to make a light even to make change, saying that they would pay him amply for his services, and did pay him a ten-dollar gold piece and a ten-dollar confederate note; also described the general movements of the company which convinced me that there were parties with the train whom they were desirous should not be seen.

I then set about inquiring about the roads, and learned that the road Colonel Harnden was on was tho direct road to Irwinsville, and that there was another road leading into Irwinsville from the river road at a point fifteen miles below Abbeville, known as Wilcox mills. This road from Wilcox mills was a road running nearly in a direct line from Jacksonville, on the north side of the Ocmulgee, to Irwinsville. As soon as I learned of this route to Irwinsville I became convinced that it was my duty to move on this road at once, for if Davis was moving on parallel roads it was very probable that he would be moving on this very road as its course lay on the most direct line from Augusta to Irwinsville, and that if Davis expected to meet the train there it would be the road he would undoubtedly approach Irwinsville on, and that if the train was pressed by Harnden it would undoubtedly break and scatter and drive on to any road which might offer any chance of escape, and in that case would be as apt to drive over on to the road I was on as any other. I had no idea at the

time that it would be possible for me to reach Irwinsville before Colonel Harnden, as he did not have to exceed twenty-five miles to march, and his command, according to his own statements, was then full two hours on the way, while I would have to march full thirty-three miles after he left me at Abbeville, And the object and only expectancy I had when I determined to pursue by the road I did was that by Colonel Harnden shoving through on the direct road to Irwinsville, and my coming up at a later hour would place Davis or any other parties or trains which might be on the road between Wilcox mills and Irwinsville between the two commands, and thus increase the probabilities of capture, and if none of the parties we were looking for were discovered I would be able to communicate with Colonel Harnden at Irwinsville, when we could then, perhaps, fix upon a plan for future operations, as he was then on the identical territory I was ordered to occupy. These and these alone were the reasons why I moved on to Irwinsville as I did, simply because I thought it my duty and an act of wisdom to move as I did. It was with no desire or intent to cut the corners of Colonel Harnden or to rob him of any of the fruits of his earnings, and I would sooner lose all that is or should be coming to me to-day of the reward, than take one cent from Colonel Harnden wrongfully, though poverty has always been my nearest guest.

I have thus given you as briefly as I could and make my stateinent as explicit as I desired. I would also refer you to the very strong language used by the military commission in determining the award, which you will find in the report from War Department to the Thirty-Ninth Congress, first session, entitled Executive Document No. 90, House of Representatives. Also to the indorsement of Major General Wilson on Colonel Harnden's report, to be found in report from War Department to Senate. ThirtyNinth Congress, first session, Executive Document No. 64. Also to reports and affidavits herewith inclosed. I would also refer you specially to the affidavit of Lieutenant J. G. Dickinson, who was my adjutant, which is now in the hands of Mr. UPSON, of which I have no copy, if I had I would send you one. And in conclusion will give you a statement of distances marched by my command from time of leaving Macon up to time of capture, namely: from Macon to camp three miles below Hawkinsville, fifty-one miles, marched in twenty-four hours, from eight o'clock p. m., May 7, to eight p. m.. May 8; from camp to Abbeville, twenty-four miles; from Abbeville to Wilcox mills, fifteen miles; and from Wilcox mills to Irwinsville, eighteen miles; from Irwinsville to Davis camp, about one and a half miles; marched in twenty hours. Total distance marched from Macon to Davis camp by fourth Michigan cavalry, one hundred and nine and a half miles, inside of fortyfour hours, including all halts.

For the full particulars of the collision with first Wisconsin, please see my reports and the affidavits of Lieutenants Boutelle and Purinton, inclosed.

Before closing, I would again express my gratitude for the interest you have always manifested in this troublesome and perplexing matter, and would earnestly ask that the thing may be brought to as speedy a close as possible.

I am, sir, very truly, your obedient servant,
B. D. PRITCHARD.

Hon. JOHN F. DRIGGS, Member of Congress.

Mr. WASHBURN, of Massachusetts. I now yield for a few minutes to the gentleman from Wisconsin, [Mr. HOPKINS.]

Mr. HOPKINS. I do not deem it necessary to occupy the attention of the House very long, in addition to the able report of the Committee of Claims and the statement of the case made by the chairman of that committee, [Mr. WASHBURN, of Massachusetts.] Now, if the question was this, whether the first Wisconsin cavalry or the fourth Michigan cavalry were entitled to this reward, we should insist most decidedly that the reward was due to the first Wisconsin cavalry. And we insist further, that we can produce the proof to satisfy any reasonable man that, as between the two regiments, the first Wisconsin cavalry is entitled to the reward. But I am satisfied that the Committee of Claims, after patient investigation, have come to perhaps a correct adjustment of this matter. Certain it is that somebody is entitled to this reward. Jeff. Davis was captured; and the reward is due to his captors. But we are not disposed to be tenacious about the matter. We are willing to acquiesce in this settlement. Nevertheless, we claim that the first Wisconsin cavalry is entitled to the honor of the captare of Jeff. Davis. Now, inasmuch as the gentleman from Michigan (Mr. DRIGGS] has had read a statement from Colonel Pritch

ard. I ask to accompany it that the testimony

of Colonel Harnden before the Committee of Claims, giving his account of the capture, be

also read.

The statement was read as follows:

Henry Harnden, late lieutenant colonel of the first Wisconsin cavalry, being called before the congressional Committee of Claims, and being duly sworn, deposes and says: that on the 6th of May, 1865, he

(Lieutenant Colonel Harnden) was ordered to report in person at the headquarters of Brigadier General Croxton, commanding first division cavalry corps, military division of the Mississippi, at Macon, Georgia; that he (Lieutenant Colonel Harnden) did report forthwith as ordered, and received from General Croxton certain orders, to wit: To take one battalion of the first Wisconsin cavalry and proceed in search of Jefferson Davis; to march immediately to go to Jeffersonville; from thence to Dublin; thence to go toward Millen, and on to the Savannah river, leaving detachments of men at the most important crossroads; but in case that he (Lieutenant Colonel Harnden) obtained any information of said Jefferson Davis, then to pursue and capture him (Davis) if possible. That in obedience to such orders, he (Lieutenant Colonel Harnden) did detail one battalion of his regiment, consisting of one hundred and fortyeight men and three officers, and began his march from Macon, Georgia, at six o'clock p. m., May 6, 1865, proceeding to Jeffersonville, distance about twenty-five miles; he (Lieutenant Colonel Harnden) left Lieutenant C. Hewitt, with thirty men, and proceeded with the balance of his command to Dublin, arriving about five o'clock p. m., May 7. Distance from Macon fifty-five miles.

The day was intensely hot and roads sandy: the men and horses were much exhausted. The command bivouacked near the ferry. During the night inform-ation, which was deemed reliable, was received by Lieutenant Colonel Harnden from a negro man that some wagons had passed during the day through the town, and that they had gone South on the river road. This information was confirmed yet later in the night by another negro, who stated that the party was that of Jefferson Davis and his wife. The negro further stated that he had heard one of said party addressed as President Davis and one of the ladies as Mrs. Davis, and that they had come across the Oconee river ferry, and left Dublin, going South, about twelve o'clock (noon) that same day, which was May 7, 1865. Acting upon this information, he (Lieutenant Colonel Harnden) immediately detailed Lieutenant Lane, with forty-five men, to remain at Dublin and watch the ferry and patrol the crossroads, starting himself with the balance of his command in pursuit of Davis.

On the outskirts of Dublin some delay was caused by the darkness and the difficulty in finding the right road, so that it was daylight before the pursuit was fairly commenced. When five miles from Dublin and at the crossing of Turkey creek, he (Lieutenant Colonel Harnden) obtained information which rendered it almost certain that Jefferson Davis was with the party ahead. The pursuit was now pressed with vigor, as the trail of the wagon could be plainly seen. The country through which this day's march led was a wilderness of pine woods and swamps, with scarcely any inhabitants. At the time of leaving Turkey creek it commenced to rain and continued to fall heavily during the day. During a portion of the day the tracks of the wagons were lost, but by pressing a guide, he (Lieutenant Colonel Harnden) was enabled to continue the pursuit through the swamps of the Alligator creek and on until after dark, when the command bivouacked on the borders of Gum swamp. Before daylight, May 9, the pursuit was begun and continued to the Ocmulgee river, where a crossing was effected about noon that day at Brown's ferry. At this point it was ascertained that the Davis party had left at one o'clock that morning and gone in the direction of Abbeville, and to Abbeville the pursuit was continued, where it was ascertained that the Davis party had called at a house and inquired the way to Irwinsville, and the trail of the wagons led in that direction. They had passed before daylight. At this place a short halt was ordered to feed the horses with corn. Just as the command was leaving Abbeville, (the scouts had already gone on,) four men appeared in sight on the Hawkinsville road, dressed in the United States uniform. He (Lieutenant Colonel Harnden) inquired of them who they were, and was informed that they belonged to the fourth Michigan cavalry, Lieutenant Colonel Pritchard commanding; and that Lieutentaut Colonel Pritchard, with his regiment, was advancing on the Hawkinsville road, and only a short distance away. He (Lieutenant Colonel Harnden) ordered Lieutenant Clinton to press on after the Davis party, and rode himself, attended by his orderly, to meet Lieutenant Colonel Pritchard. That, at meeting Lieutenant Colonel Pritchard, he (Lieutenant Colonel Harnden) introduced himself, and inquired if Lieutenant Colonel Pritchard had any information in regard to Jefferson Davis, and was told by Lieutenant Colonel Pritchard that he had none. He (Lieutenant Colonel Harnden) then gave to Lieutenant Colonel Pritchard all the information in his (Lieutenant Colonel Harnden's) possession in regard to Jefferson Davis, and informed him (Lieutenant Colonel Pritchard) that he (Lieutenant Colonel Harnden) with his command had struck the trail of said Davis and had been then two days in pursuit, and also that Davis, with a party and some wagons, had passed Abbeville that same morning and gone toward Irwinsville; and also that his (Lieutenant Colonel Harnden's) command had then gone on toward Irwinsville in pursuit.

He (Lieutenant Colonel Harnden) further informed him (Lieutenant Colonel Pritchard) that there was

another party of confederates with wagons on the

other side of the river, and that they, the confederates, probably were a part of Jefferson Davis's party, and that they would most probably try to cross the river below. He (Lieutenant Colonel Pritchard) then informed him (Lieutenant Colonel Harnden) that he (Lieutenant Colonel Pritchard) with his regiment were also out after Davis, but, up to that time, had heard nothing of said Davis, and also that he (Lieutenant Colonel Pritchard) had orders to encamp at Abbeville and patrol the Oemulgee river aud

guard the ferries on said river. That he (Lieutenant Colonel Harnden) then parted with Lieutenant Colonel Pritchard, and with his orderly bastened on and joined his (Lieutenant Colonel Harnden's) command, and continued the pursuit of Davis in the direction of Irwinsville until some time after dark, (probably about nine o'clock, p. m.:) when, coming to water, he (Lieutenant Colonel Harnden) ordered a halt and the horses to be grazed for a short time (as there was no corn) and some food prepared for the men, with orders that no noise should be made, and for all to be ready to start at three o'clock in the morning.

At three o'clock a. m., May 10, the march was resumed. He (Lieutenant Colonel Harnden) selected a sergeant and six picked men to lead the advance, and gave said sergeant particular instructions to proceed with caution, and to look out for the rebel pickets and report to him (Lieutenant Colonel Harnden) instantly the first indications that might be discovered of the enemy.

After marching a mile, or possibly two, the advance was suddenly ordered, by a voice a few yards ahead of them, to halt and dismount, when, instead of its being obeyed by the sergeant, he endeavored to retreat. A heavy volley was fired upon them, (the sergeant and his party,) which was almost instantly followed by a second volley from the same unseen source, wounding three of the seven men composing the advance. That he (Lieutenant Colonel Harnden) then gave orders for his command to take the trot, dashing ahead at a gallop with ten men to reconnoiter, when another and third volley was fired upon the Wisconsin men. That at this time it was quite dark, and the opponents could only be seen by the fire from their guns. That he (Lieutenant Colonel Harnden) very soon formed a line, dismounting a part of his command, and pressed on the enemy vigorously, driving them into a swamp, which lay to the right of the first Wisconsin. At this time a large force of mounted men were seen approaching more to the left of the first Wisconsin men. That he (Lieutenant Colonel Harnden) ordered Sergeant How, of the first Wisconsin cavalry, with ten men, to pursue the dismounted force of the enemy, who had disappeared into the swamp aforementioned.

At this time it was getting to be light, and the enemy could be plainly seen. Brisk firing now took place between both parties, the enemy being gradually driven back. At this period of affairs Sergeant How came running to him, (Lieutenant Colonel Harnden,) saying that he (Sergeant How) had captured a prisoner, and that their opponents were the fourth Michigan cavalry. That he (Lieutenant Colonel Harnden) instantly gave orders to stop firing, which soon ceased on both sides. That he (Lieutenant Colonel Harnden) then rode a few yards and met Lieutenant Colonel Pritchard, and asked him (Lieutenant Colonel Pritchard) how he came to be there fighting them, (Lieutenant Colonel Harnden and his party.) Lieutenant Colonel Pritchard explained that after parting with Lieutenant Colonel Harnden the day previous, at Abbeville, he (Lieutenant Colonel Pritchard) had selected a portion of his best mounted men, and taking the river road, and then by the way of House mills, had arrived near Irwinsville, when learning that a wagon party was camped out on the Abbeville road a short distance, he had sent a lieutenant and party of men dismounted across on to that road in the rear of the wagon party's camp, and it was this party of his command that had fired upon them. (Lieutenant Colonel Harnden and his party;) and further, that while the fight was going on a portion of his (Lieutenant Colonel Pritchard's) command had captured the wagon train near at hand. That he (Lieutenant Colonel Harnden) then inquired if Jefferson Davis was captured. That Lieutenant Colonel Pritchard replied that he did not know who was captured. That he (Lieutenant Colonel Harnden) and Lieutenant Colonel Pritchard then rode in company across a narrow strip of swamp, a distance of about fifty yards, where they (Lieutenant Colonel Pritchard and Lieutenant Colonel Harnden) found Jefferson Davis and family, with other officials of the so-called confederate government, and wagon train, in the hands of and guarded by a portion of the fourth Michigan cavalry. That after resting a couple of hours or so, and caring for the wounded, both coinmands began their return march to Macon, arriving on the 13th day of May, 1865.

That he (Lieutenant Colonel Harnden) further says that he (Lieutenant Colonel Harnden) had received no intimation from Lieutenant Colonel Pritchard or any one else that he (Lieutenant Colonel Pritchard) intended to go to Irwinsville, or to pursue Jefferson Davis; but, on the contrary, was distinctly told by Lieutenant Colonel Pritchard that his (Lieutenant Colonel Pritchard's) orders were to camp at Abbeville and patrol the Ocmulgee river and guard the ferries; and further, he (Lieutenant Colonel Harnden) says that when first fired upon, and all during the fight, he sincerely believed that his opponents were the escort of Jefferson Davis; and that the first intimation which he (Lieutenant Colonel Harnden) had of there being any Union troops nearer than Abbeville was from Sergeant How, of the first Wisconsin cavalry; and further, he (Lieutenant Colonel Harnden) says that the collision and capture of Jefferson Davis aforementioned occurred near Irwinsville, Irwin county, State of Georgia, and twentyfive miles south of Abbeville aforementioned. That upon his (Lieutenant Colonel Harnden's) return to Macon, Georgia, on the 13th day of May, 1865, he made an official report to General Croxton, from whom he (Lieutenant Colonel Harnden) received his orders, of his doings during the pursuit and capture of Jefferson Davis. That said report was forwarded through the proper channels to the Adjutant General of the Army, and said report is essentially the same and agrees with this statement.

And he (Lieutenant Colonel Harnden) further says

that the collision with the fourth Michigan cavalry aforementioned, in his opinion, was not caused by any fault or negligence on the part of any member of the first Wisconsin cavalry; that the sergeant in command of the advance of the first Wisconsin cavalry acted as a soldier should always act under such circumstances, and that three distinct and heavy volleys were fired by the fourth Michigan cavalry before a shot was returned by the first Wisconsin cavalry, and that a constant firing was kept up by both parties from the time that the engagement commenced until he (Lieutenant Colonel Harnden) ordered the firing to cease on the part of the first Wisconsin cavalry; and further, it is the firm belief of him (Lieutenant Colonel Harnden) that had not the first Wisconsin cavalry been fired upon and checked for a time, they (the first Wisconsin cavalry) would have been in the camp of Davis and effected his capture as soon or even sooner than it was effected. Mr. WASHBURN, of Massachusetts. Speaker, after occupying a few moments, I will call for a vote on this question. I find that I was somewhat mistaken in my statement in relation to the action of the committee in the Thirty-Ninth Congress; but the gentleman from Michigan was altogether mistaken in the statement which he made. I knew that upon an examination of this question the majority of the Committee of Claims of the ThirtyNinth Congress, and I thought the entire committee, were in favor of the same report that we have made at this session.

Mr.

I find upon an examination of the fact that just at the close of the session Mr. Hotchkiss, a member of that committee, made a report; but it did not come before the House as a report from the committee, and was never acted on as such. When the question came before the House, the gentleman from Ohio [Mr. DELANO] offered a substitute, striking from the bill all referring to the capture of Jeff. Davis, which was adopted by the House almost unanimously.

The gentleman from Michigan has said that this reward actually belongs to the person or persons who made the capture of Jeff. Davis. If that principle be adopted, we must throw aside completely the action of the commission appointed by the War Department. This the gentleman will not deny. To whom did that commission award this money? Not to the little squad of half a dozen men who surrounded Davis and actually made the capture. That commission awarded $10,000 to General Pritchard. Why? Did General Pritchard actually make the capture? Not at all. Did he arrive at the place where Davis was before Colonel Harnden did? Not at all; nothing of the kind is claimed. I say, then, to the gentleman from Michigan that if the persons who actually made the capture are entitled to this reward it must be paid to the handful of privates who surrounded him, and General Pritchard would not be entitled to one dollar, for he and Colonel Harnden arrived at the scene of the capture at the same moment. That fact is not denied.

Mr. UPSON. The gentleman is mistaken. There is no such report and no such evidence.

Mr. WASHBURN, of Massachusetts. That is the evidence sworn to before the committee; and it has never been denied by any witness that has appeared before the committee.

Mr. UPSON. I can show reports and affidavits to the contrary.

these bodies of men who contributed to the capture, all who were in the immediate vicinity and ready to seize Davis; and we care not if one body of men was five minutes ahead of the other. Even the affidavit which has been read by the gentleman from Michigan shows simply General Pritchard's party had arrived at the place where Davis was only five minutes previous to the guns being fired.

Members will bear in mind that Colonel Harnden and his party were then immediately on the trail, having been engaged in the pursuit night and day for three days. The night before the capture they encamped to await the light of the morning; and the result shows that Pritchard's men started a little too early, for had they waited until the dawn of morning the lives which were lost on account of their starting so early would have been saved. It so happens that Pritchard and his men, starting a few moments earlier than the other party, arrived at the scene of the capture, as is claimed by their own affidavits, only five minutes before this regiment that had been on the trail for two or three days night and day.

Mr. DRIGGS. The gentleman is mistaken. Mr. WASHBURN, of Massachusetts. Will this House say that because Pritchard's men happened to arrive there and succeed in making the actual capture a few moments before the other party arrived, therefore all this money should go to them? If so, place it upon that principle, and you will give every dollar of it to the little squad of men who actually made the capture and shut off Pritchard and his one hundred and twenty-eight men who were not there at the actual capture, but were thirtythree miles distant upon the banks of the river. We say in our award that no part of this reward for the capture of Jeff. Davis shall be given to the forty-five men belonging to Harnden's regiment that he left behind at Jefferson City.

Mr. DRIGGS. I wish to correct a misstatement the gentleman has made.

Mr. WASHBURN, of Massachusetts. I have yielded the floor to the gentleman, and when the proper time comes I will yield again.

Mr. DRIGGS. I think the gentleman unintentionally misrepresents the facts in this

case.

Mr. WASHBURN, of Massachusetts. When I come to the proper time I will yield to the gentleman. There were different squads of Harnden's men in different sections of the country in pursuit of Jefferson Davis. Part of Pritchard's men were thirty-three miles distant patroling the banks of the river to prevent the escape of Jefferson Davis. They were not present at all at the time of his capture. They were all engaged in the pursuit of Davis and making their best effortts for his capture. We have, therefore, attempted to divide this money equally among those who seemed to be most meritorious. From the nature of the case there is no one who can stand up and say, "I did

more than another."

Mr. DRIGGS. I understand the gentleman to state that the affidavit read by my colleague admits there were only five minutes between the arrival of the Wisconsin party and the detachment of the fourth Michigan regiment. Let me say to the gentleman he is mistaken. It says distinctly they were there an hour or an hour and a half before the Wisconsin troops.

Mr. WASHBURN, of Massachusetts. I am not mistaken. The affidavit sustains me. Here is what I said: General Harnden claims his men, if they had not been hindered by Pritchard's men and kept back, would have made the capture sooner than Pritchard's men. The affidavit states that Pritchard's men had actually made the capture five minutes before the sound of the guns was heard.

Mr. UPSON. The gentleman is mistaken about the action last session.

was adopted. It only referred to the capture of Booth and had nothing to do with the capture of Jeff. Davis.

Mr. UPSON. I had examined the House Journal, and was of the impression the amendment was made after discussion and was objected to in the Senate.

Mr. WASHBURN, of Massachusetts. I demand the previous question.

Mr. UPSON. What becomes of my amend ment?

Mr. WASHBURN, of Massachusetts. I did not yield for it.

The previous question was seconded and the main question ordered.

Mr. DRIGGS demanded the yeas and nays. The yeas and nays were not ordered.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. WASHBURN, of Massachusetts, moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

UNITED STATES POSTAL TELEGRAPH COMPANY.

Mr. FARNSWORTH, by unanimous consent, introduced a bill (H. R. No. 1415) to incorporate the United States Postal Telegraph Company, and to establish a postal telegraph system; which was read a first and second time, referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

REGULATIONS OF THE PUBLIC DEBT.

Mr. LOGAN, from the Committee of Ways and Means, reported a bill (H. R. No. 1416) to provide certain regulations as to the public debt; which was read a first and second time, ordered to be printed, and recommitted.

TERMINAL PACIFIC RAILROAD COMPANY.

Mr. ASHLEY, of Nevada, from the Committee on the Public Lands, reported a joint resolution (H. R. No. 330) relative to the Terminal Central Pacific Railway Company; which was read a first and second time, ordered to be printed, and recommitted.

Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bills and join resolution were severally referred; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

PENSION BILLS.

Mr. PERHAM, from the committee of conference on the disagreeing votes of the two Houses on the amendments to sundry pension bills, reported that the committee recomiended that the House recede from its disagreement to the Senate amendments to the following bills:

A bill (H. R. No. 373) to place the name of Mahala A. Straight upon the pension-roll of the United States;

A bill (H. R. No. 522) granting a pension to W. W. Cunningham;

A bill (H. R. No. 670) granting a pension to the widow and children of Andrew Holman; and

A bill (H. R. No. 770) granting a pension to John H. Finley.

The committee further reported that the Senate recede from its amendments to the following bills:

A bill (H. R. No. 456) granting a pension to the minor children of Pleasant Stoops;

A bill (H.. No. 521) to place the name of Solomon Zachman on the pension-roll;

A bill (H. R. No. 666) greating a pension to Henry H. Hunter;

A bill (H. R. No. 672) granting a pension to the widow and minor children of Charles W. Wilcox;

A bill H. R. No. 673) granting a pension to the widow and minor children of John S. Phelps;

A bill (H. R, No. 675) granting a pension

to the widow and minor children of Cornelius L. Rice; and

A bill (H. R. No. 676) granting a pension to Thomas Connelly.

The committee further reported that the Senate recede from some of its amendments and the House recede from its disagreement to other Senate amendments to the following bills: A bill (H. R. No. 518) granting a pension to George F. Gorham, late a private in company B, twenty-ninth regiment Massachusetts volunteer infantry;

A bill (H. R. No. 525) granting a pension to Jeremiah T. Hallett;

A bill (H. R. No. 661) granting a pension to the widow and minor children of William Craft;

A bill (H. R. No. 662) granting a pension to the widow and minor children of George R. Waters;

A bill (H. R. No. 663) granting a pension to Cyrus K. Wood, the legal representative of Cyrus D. Wood;

A bill (H. R. No. 664) granting a pension to the minor children of Charles Gouler;

A bill (H. R. No. 669) granting a pension to the widow and minor children of Myron Wilklow;

A bill (H. R. No. 677) granting a pension to the minor children of James Heatherly;

A bill (H. R. No. 771) granting a pension to John H. Lay;

A bill (H. R. No. 773) granting a pension to William H. McDonald; and

A bill (H. R. No. 825) granting a pension to John W. Hughes.

The report of the committee of conference was agreed to.

DAMAGED ARMS AND ORDNANCE.

On motion of Mr. GARFIELD, by unanimous consent, the amendment of the Senate to the joint resolution (H. R. No. 292) directing the Secretary of War to sell damaged or unserviceable arms, ordnance, and ordnance stores was taken from the Speaker's table.

The amendment, which was to insert after the word "stores" the word " now, so as to read 66 now in possession of the War Department," was concurred in.

Mr. GARFIELD moved to reconsider the vote by which the amendment was concurred in; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

DEFICIENCY BILL.

The House resumed, as the regular order, the consideration of the bill (H. R. No. 1341) making appropriations to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1868, and for other purposes, which had been postponed till to-day.

Mr. STEVENS, of Pennsylvania. There are but two or three amendments-but one, I think, of any importance-to be acted upon. I will simply say-for I do not wish to provoke discussion-that that one is what is called the twenty per cent. proposition. It is to be reduced now from five to ten per cent. below the twenty per cent., making in all, as I am informed by the Department, about one third the amount contained in the former bill. I have simply one other word to say. Every employé of this House is now, under the various laws passed during this session, entitled to twenty per cent. additional compensation.

A MEMBER. Some of them forty. Mr. STEVENS, of Pennsylvania. I am speaking of the lowest. These civil employés who alone have been excluded, we now move to provide for in this bill. I will not make a speech. The House understands it so well it will act according to its own judgment. I demand the previous question on all the amend

ments.

Mr. KELSEY. I suppose I am entitled to a vote on some amendments that were proposed to this bill and were not adopted in Committee of the Whole. This bill was considered in

Committee of the Whole by a general agreed || consent order, and it was that where a quorum did not vote upon an amendment offered and it was not adopted by the committee a vote could be had upon it in the House. Am I right in that?

The SPEAKER. The gentleman is not exactly correct. The Chair does not rule in regard to what occurred in Committee of the Whole unless he happened to be present. The gentleman from lowa [Mr. WILSON] was in the chair and he overruled the very point of order and had the reporter's notes read as to the agreement made at the suggestion of the gentleman from Illinois, [Mr. WASHBURNE.]

Mr. KELSEY. I understand that I am entitled to a vote upon amendments which were proposed and not adopted in Committee of the Whole?

The SPEAKER. The Chair does not so understand.

Mr. KELSEY. Then I raise the point of order that this bill has not been considered in Committee of the Whole at all.

Mr. STEVENS, of Pennsylvania. me to say a word.

The SPEAKER. the point of order.

Allow

The Chair must decide

Mr. KELSEY. I desire the privilege of stating my point of order.

Mr. STEVENS, of Pennsylvania. May I say to the gentleman from New York that I understood the matter as he did, and made that point in Committee of the Whole, and the Chair overruled me, very much to my disgust, of course. [Laughter.] But I want to say that the point of order was decided in that way.

Mr. KELSEY. If I am not right in claiming the privilege of a vote on those amendments I make the point of order that this bill has never been considered in Committee of the for the House to refer this bill to the CommitWhole at all. It was not competent, as I claim,

tee of the Whole and then constitute a Committee of the Whole out of a less number than a quorum. Both of those things were done by order of the House, if the ruling of the Chair is correct; and I now insist either that the bill shall be sent to the Committee of the Whole for consideration or that we shall have a right to vote in the House on the amendments that were then offered and were rejected when no quorum was present.

The SPEAKER. The Chair overrules the point of order on two grounds. The first is that under the rule, which will be found in the Digest, a point of order cannot be renewed after it has once been settled and decided even by suggesting additional reasons, and this is the precise point made by the gentleman from New York in Committee of the Whole. The second ground on which the Chair overrules the point of order is that the chairman of the Committee of the Whole reported the bill to the House with various amendments. That was entered on the Journal and the Journal was approved the next day. That is the record, and the gentleman cannot deny the record in sustaining the point of order. The Chair, therefore, overrules the point of order.

Mr. MULLINS. Another point of order. By what political right

The SPEAKER. That is not a question of order.

Mr. MULLINS. The point of order is, how does the gentleman from Pennsylvania get his amendment in and cut off the other amendments that were pending?

The SPEAKER. The gentleman from Pennsylvania offered this amendment on Friday last. When the bill was reported from the Committee of the Whole on the state of the Union he renewed the amendment which he had offered in the Committee of the Whole. The gentleman from Illinois [Mr. WASHBURNE] stated that he reserved a point of order upon it, and the Chair stated that it could not be reserved, because the rule states that amendments of this character must be first consid

ered in Committee of the Whole, and this precise amendment had been considered in Committee of the Whole and could, therefore, be offered in the House.

Mr. MULLINS. Then I ask that all the amendments that were adopted in Committee of the Whole to this amendment be carried with it.

The SPEAKER. If the gentleman from Pennsylvania yields for that purpose, the gentleman from Tennessee can offer any amend

ments.

Mr. STEVENS, of Pennsylvania. I do not distinctly understand the gentleman, and therefore I think we had better go on. [Laughter.] Mr. MULLINS. He understands too well to admit it.

The previous question was seconded and the main question ordered.

The amendments of the Committee of the Whole were then concurred in.

Mr. LAWRENCE, of Ohio. I now ask unanimous consent to submit an amendment to this bill; to insert after line seventy-four the following:

Provided, That nothing in this act shall be construed to give validity to any treaty or part thereof, which otherwise would be invalid.

The bill under consideration contains this provision, to which I propose my amend

ment:

To enable the Secretary of the Interior to pay the balance due for surveys of land embraced in the Osage Indian reservation, and the Cherokee neutral lands, in the State of Kansas, under contracts dated, respectively, August 14 and 16, 1866, (the said sum to be returned to the Treasury out of proceeds of sales of said lands, as provided by treaties with said Indians,) $27,980 51.

The amendment I have submitted is designed to shut out any claim of a legislative recognition of the validity of sales of public lands made in pursuance of treaties with Indian tribes. I have constantly denied the validity of such sales, and I presented some of the reasons in a speech I had the honor to make on the 21st of March last. Since that time the House has sustained the opinions I then expressed by a joint resolution passed June 3, in these words:

Joint resolution relative to the lands of the Cherokee and Great and Little Osage Indians. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, directed to withhold the issuing of patents to the purchasers of lands heretofore sold, or which may hereafter be sold, under and by virtue of the treaty between the United States and the Cherokee Indians, concluded on the 19th day of July, 1866, and the treaty between the United States and the Great and Little Osage Indians, concluded on the 29th day of September, 1865, or under any Indian treaty which may hereafter be concluded, until otherwise provided for by law.

Again, on the 18th of June, the House denied the validity of such sales by a resolution adopted in relation to the Osage Indian treaty of May 27, which resolution is in these words:

Resolved, (as the sense of this House,) That the objects, terms, conditions, and stipulations of the aforesaid pretended treaty are not within the treatymaking power, nor are they authorized either by the Constitution or laws of the United States; and therefore this House does hereby solemnly condemn the same, and does also earnestly but respectfully express the hope and expectation that the Senate will not ratify the said pretended treaty."

I think it may be said that so far as this House is concerned the purpose is settled to prohibit the sale of the public lands under treaties with the Indian tribes. The amendment I have offered is a mere affirmance of that doctrine, a provision by way of abundant caution, denying that Congress shall give any legislative recognition of the validity of such sales.

The SPEAKER. The amendment requires unanimous consent.

Mr. MAYNARD. I think this amendment had better be considered in the Senate.

Mr. STEVENS, of Pennsylvania. I would have no objection to the amendment if it did not look so ludicrous.

Mr. LAWRENCE, of Ohio. The gentleman from Tennessee [Mr. MAYNARD] agreed to allow my amendment to be offered in the

House, and on the faith of that agreement I did not offer it in Committee of the Whole. Mr. MAYNARD. If the gentleman says that, all I have to say is that such was not my understanding with regard to it. I did not understand it in the same way at all. But as he has made the statement in the House, and it goes upon the record, I will withdraw my objection.

Mr. STEVENS, of Pennsylvania. I renew the objection.

The next amendment was one offered by Mr. WASHBURNE, of Illinois, to add to the bill the following:

City of Washington:

SEC. 2. And be it further enacted, That the chief engineer of the Army shall reimburse to the corporation of the city of Washington for expenses incurred in improving the property of the General Government in said city, under provisions of an act of May 5, 1864, and in accordance with the recommendations of the Secretary of War, in book of estimates of appropriations, pages 244 and 345, $296,943 88: Provided, That section fifteen of an act entitled "An act to incorporate the city of Washington and to repeal all acts heretofore passed for that purpose,' approved May 15, 1820; and section three of an act approved May 5, 1864, entitled An act to amend an act to incoroprate the inhabitants of the city of Washington, passed May 15, 1820," are hereby repealed; and no improvements of the streets, alleys, avenues, or other property of the United States in the city of Washington shall hereafter be made until an appropriation shall have been made therefor, and such appropriation, when made, shall be expended under the direction of the chief engineer of the Army.

Mr. MAYNARD. I would inquire how this amendment comes before the House?

The SPEAKER. It was offered on Monday last under a suspension of the rules. Mr. MAYNARD. If my memory serves me correctly this amendment was a part of the original bill. In Committee of the Whole, by the interposition of an objection, the proviso was stricken from the bill as being improperly there. An amendment was then moved to strike out all that part of the bill to which the proviso was attached, which amendment prevailed in Committee of the Whole. I would inquire if that amendment has been acted on by the House?

The SPEAKER. The Clerk has reported to the House all the amendments made by the Committee of the Whole. Those parts of a bill which are stricken out on points of order are never reported, because they should never have been in the bill.

Mr. MAYNARD. Certainly; I am aware of that. But has the amendment of the Committee of the Whole, to strike out the part of the bill to which the objectionable proviso was attached, been submitted to and acted upon by the House?

The SPEAKER. All of the amendments reported from the Committee of the Whole have been concurred in by the House.

Mr. MAYNARD. Is this amendment divisible? It contains two distinct substantive propositions.

The SPEAKER. The amendment is not divisible, having been offered under a suspension of the rules.

The amendment was then agreed to.

The next amendment was one submitted by Mr. WASHBURNE, of Illinois, under a suspension of the rules, to add to the bill the following:

SEC. 3. And be it further enacted, That hereafter no contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement whatever, which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose, and no person shall be employed by any Department of the Government unless an amount of money shall have been previously appropriated sufficient to pay all such persons. And if any officer of the Government shall contract for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger amount than the specific sum appropriated for such purpose, or shall employ any persons in any Department of the Government unless an appropriation sufficient to pay all such persons shall have been previously made, such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction, shall be punished by imprisonment not less than six months nor more than two years, and shall pay a fine of $2,000, and shall thereafter be deemed incapable of holding any office of trust or profit under the Government of the United States.

Mr. WASHBURNE, of Illinois. I ask consent to modify my amendment; so that the portion referred to by the gentleman from Tennessee [Mr. MAYNARD] shall read as follows:

And if any officer of the Government shall knowingly contract for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger amount than the specific sum appropriated for such purpose, or shall knowingly employ any persons in any department of the Government unless an appropriation sufficient to pay all such persons shall have been previously made, such officer shall be deemed guilty of a misdemeanor.

No objection was made; and the amendment was modified accordingly.

Mr. GARFIELD. At the present time the whole body of the officers of the Government are running into the new fiscal year ending June 30, 1869. Now, under the strict letter of this amendment, would not each one of those officers be liable to punishment for continuing to exercise the functions of their offices during that portion of this new fiscal year for which no appropriations have yet been made? Mr. WASHBURNE, of Illinois. Of course

not.

Mr. GARFIELD. I do not know about that.

Mr. WASHBURNE, of Illinois. I am surprised that the gentleman from Ohio [Mr. GARFIELD] should seek to defeat this amendment, to which no one else makes objection.

Mr. GARFIELD. I have no desire to defeat it; I merely wish to have obviated an objection that may arise under it.

Mr. WASHBURNE, of Illinois. If there is any objection of the kind it can be remedied in the Senate. I think it the most impresented to Congress for its consideration. portant provision of law that has ever been The amendment was then agreed to.

Mr. WASHBURNE, of Illinois moved to reconsider the various votes taken on agreeing to the amendments; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. STEVENS, of Pennsylvania. The gentleman from Ohio [Mr. LAWRENCE] informs me that I mistook the purport of the amendment which he sought to offer a few moment ago. I withdraw my objection to the amendment.

The SPEAKER. The amendment will be again read, and if there be no objection will be considered as agreed to.

The Clerk read as follows:

At the end of line seventy-four, insert the following:

Provided, That nothing in this act shall be construed to give validity to any treaty or part thereof which otherwise would be invalid.

There being no objection, the amendment was agreed to.

The SPEAKER.

The next question is upon an amendment offered by the gentleman from Pennsylvania, [Mr. STEVENS,] which will be

read.

The Clerk read as follows:

Add the following as a new section: SEC.. And be it further enacted, That there shall be allowed and paid, to the same classes of officers and other persons in the civil service of the United States Government at Washington embraced in the joint resolution of Congress entitled "Joint resolution giving additional compensation to certain employés in the civil service of the Government at Washington," passed February 28, 1867, an additional compensation on their respective salaries as fixed by law, or where no salary is fixed by law, upon their pay respectively, from and after the 30th day of June, 1867, to the 30th day of June, 1868; including, also, such persons as have been employed in any capacity in any of the Departments, and the watchmen on the Dome of the Capitol and in the Capitol grounds, the inspector of marble, and the foreman of mechanics at work on the Capitol extension and the watchmen in said extension, whether inside or out, and to the employés of the jail; and to include not only those now in service, but those who have at any time during said year been in service, as follows:

To all those whose annual compensation does not exceed $1,400 an increase of fifteen per cent. upon the amount of their compensation.

To all those whose annual compensation does not

exceed $1,600, but does exceed $1,400, an increase of twelve and a half per cent. thereupon.

To all those whose annual compensation does not exceed $1,800, but does exceed $1,600, an increase of ten per cent. thereupon.

And a sum sufficient to pay the same is hereby appropriated out of any money in the Treasury not otherwise appropriated.

Mr. BENJAMIN. On that amendment I call for the yeas and nays.

The yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 54, nays 66, not voting 78; as follows:

YEAS-Messrs. Anderson, Arnell, Delos R. Ashley, Axtell, Barnes, Brooks, Cake, Chanler, Cobb, Dixon, Driggs, Eckley, Eldridge, Farnsworth, French, Garfield, Glossbrenner, Golladay, Higby, Hinds, Hopkins, Jenckes, Johnson, Thomas L. Jones, Kitchen, Knott, Mallory, Marshall, Moore, Moorhead, Morrell, Mungen, Myers, O'Neill, Paine, Poland, Roots, Schenck, Sitgreaves, Smith, Spalding, Starkweather, Thaddeus Stevens, Stewart, Stokes, Taber, Taffe, Twichell, Upson, Robert T. Van Horn, Van Trump, Henry D. Washburn, Windom, and Woodbridge-54. NAYS-Messrs. Adams, Allison, Ames, Bailey, Baker, Baldwin, Beatty, Benjamin, Boles, Boutwell, Bromwell, Benjamin F. Butler, Sidney Clarke, Coburn, Cook, Covode, Dawes, Delano, Deweese, Donnelly, Ela, Ferriss, Fields, Getz, Hamilton, Hawkins, Hulburd, Hunter, Alexander H. Jones, Judd, Julian, Kelsey, Ketcham, Koontz, George V. Lawrence, William Lawrence, Loan, Loughridge, Lynch, Marvin, Maynard, McCarthy, McKee, Miller, Mullins, Orth, Perham, Peters, Pike, Price, Raum, Robertson, Sawyer, Scofield, Selye, Taylor, Lawrence S. Trimble, Van Aernam, Burt Van Horn, Elihu B. Washburne, William B. Washburn, Welker, Thomas Williams. William Williams, James F. Wilson, and John T. Wilson-66.

NOT VOTING-Messrs. Archer, James M. Ashley, Banks, Barnum, Beaman, Beck, Benton, Bingham, Blaine, Blair, Boyer, Broomall, Buckland, Burr. Roderick R. Butler, Cary. Churchill, Reader W. Clarke, Cornell, Cullom, Dodge, Eggleston, Eliot, Ferry, Finney, Fox, Gravely. Griswold, Grover, Haight, Halsey, Harding, Hill, Holman, Hooper Hotchkiss, Asahel W. Hubbard, Chester D. Hub bard, Richard D. Hubbard, Humphrey, Ingersoll, Kelley. Kerr, Laflin, Lincoln, Logan, McClurg, McCormick, McCullough, Mercur, Morrissey, Newcomb, Niblack, Nicholson, Nunn, Phelps, Pile, Plants, Polsley, Pomeroy, Pruyn, Randall, Robinson, Ross, Shanks, Shellabarger, Aaron F. Stevens, Stone, Thomas, John Trimble, Trowbridge, Van Auken, Van Wyck, Ward, Cadwalader C. Washburn, Stephen F. Wilson, Wood, and Woodward-78.

So the amendment was rejected.

During the roll-call, Mr. ROSS said: On this question I am paired with the gentleman from Pennsylvania, [Mr. WOODWARD.] He would have voted for the amendment and I against it.

The result of the vote was announced as above stated.

The bill, as amended, was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

ENROLLED BILLS SIGNED.

Mr. HOPKINS, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles; when the Speaker signed the same:

An act (H. R. No. 420) to incorporate the Connecticut Avenue and Park Railway Company, in the District of Columbia;

An act (H. R. No. 1068) to provide for certain claims against the Department of Agriculture; and

An act (H. R. No. 650) to amend act of 3d of March, 1865, providing for the construction of certain wagon-roads in Dakota Territory.

ORDER OF BUSINESS.

Mr. MOORHEAD. I move that the rules be suspended, and that the House resolve itself into Committee of the Whole on the state of the Union. I

Mr. WASHBURN, of Massachusetts. move that the rules be suspended, and that the House resolve itself into Committee of the Whole House upon the Private Calendar. This is private bill day, and there are a number of bills on the Private Calendar which ought to be considered,