Mr. PORTER moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table. The latter motion was agreed to.

OATH OF ALLEGIANCE.

Mr. PORTER. I am directed by the Committee on the Judiciary to report back, with an amendment, Senate bill No. 54, requiring an oath of allegiance and to support the Constitution of the United States, to be administered to certain persons in the civil service of the United States.

The bill was read. It makes it the duty of the heads of the several Departments to cause to be administered to each officer, clerk, and employé now in their respective Departments, or in any way connected therewith, or who may be hereafter connected therewith, an oath or affirmation that he will support, protect, and defend the Constitution and Government of the United States against all enemies, whether foreign or domestic; will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State convention or Legislature to the contrary notwithstanding-without mental reservation or evasion; and will well and faithfully perform all the duties required of him by law. Any officer or employé refusing to take this oath is to be immediately dismissed.

The second section provides that the oath or affirmation may be taken before any person legally authorized to administer oaths, and subjects all who violate the oath to all the pains and penalties of willful and corrupt perjury.

The Committee on the Judiciary report an amendment to the second section, by adding the words "justice of the peace, or notary public, or other;" so as to allow oaths to be taken before any justice of the peace, or notary public, or other person legally authorized to administer oaths.

Mr. VALLANDIGHAM. I should like that bill to go over to the next session of Congress. I object to it.

Mr. PORTER. I move that the rules be suspended, in order to allow me to report the bill; and on that I call for tellers.

Tellers were ordered; and Messrs. UPTON and SHERMAN were appointed.

Mr. ASHLEY. I move that the House do now adjourn.

The motion was not agreed to.

Mr. MORRILL, of Vermont. As a matter of information to the House, in the absence of the chairman of the Committee of Ways and Means, I desire to state that there is important business before the Senate, which a quorum of the House will be required to act upon when it shall come here. I hope the House will not adjourn, and that a quorum will remain. Otherwise the reassembling of Congress may be required before the meeting of the regular session in December.

The House then divided; and the tellers reported -ayes 60, noes 16-no quorum voting.

Mr.WICKLIFFE. I wish to say to the House that it is impossible to transact legislative business in the present condition of the House.

The SPEAKER. No debate is in order.

Mr. WICKLIFFE. I am about to appeal to the House for unanimous consent for the proposition I make. I say that, upon the statement of the gentleman from Vermont, that a quorum will be required to transact important business to come from the Senate, and as there is probably no quorum present now, I make the proposition that we take a recess until five o'clock. If there be objection I will not persist in it.

Mr. BINGHAM. I object.

Mr. COLFAX. I now demand the yeas and nays upon the motion to suspend the rules. The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 83, nays 11; as follows:

YEAS-Messrs. Aldrich, Allen, Alley, Arnold, Ashley, Goldsmith F. Bailey, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, George H. Browne, Buffinton, Cobb, Colfax, Frederick A. Conkling, Conway, Covode, Diven, Duell, Dunn, Edwards, Eliot, Fenton, Fessenden, Fouke, Frank, Goodwin, Granger, Gurley, Haight, Hale, Hanchett, Harrison, Horton, Hutchins, Jackson, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Law, Loomis, Lovejoy, McClernand, McKean, McKnight, McPherson, Mallory. Moorhead, Anson P. Morrill, Justin S. Morrill, Odell, Olin, Phelps, Porter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Sloan, John B. Steele, Stevens, Francis Thomas, Train, Trowbridge, Upton, Van Horne, Verree, Wall, Charles W.

Walton, Whaley, Albert S. White, Windom, and Worcester-83.

NAYS-Messrs. Joseph Baily, Calvert, Crisfield, May, Noble, Pendleton, Sheil, Benjamin F. Thomas, Vallandigham, Webster, and Wickliffe-11.

So the rules were suspended, (two thirds having voted therefor.)

Mr. PORTER demanded the previous question upon the third reading of the bill.

The previous question was seconded, and the main question ordered to be put.

The bill was ordered to a third reading, and it was accordingly read the third time, and passed. Mr. PORTER moved to reconsider the vote by which the bill was passed; and also moved to lay

the motion to reconsider on the table. The latter motion was agreed to.

MESSAGE FROM THE SENATE.

A message from the Senate was received by Mr. PATTON, one of their clerks, notifying the House that the Senate have passed a bill of the House (No. 101) to promote the efficiency of the engineer and topographical engineer corps, and for other purposes, with amendments, in which he was directed to ask the concurrence of the House.

Also, that the Senate had passed a bill (No. 60) relative to appeals to the Supreme Court of the United States, in which he was instructed to ask the concurrence of the House.

RESOLUTION OF CENSURE.

Mr. COX asked the consent of the House to introduce the following resolution:

Resolved, That the member from New York who endeavored to introduce the resolution denouncing over forty members of this House, because of their vote for propositions to adjust our national difficulties, as cowards and traitors, deserves the censure of this House, and of all true patriots, for the arrogance, falsity, and insult towards his peers contained in his unparliamentary resolution.

Mr. COLFAX. I wish to call the gentleman's attention to the fact that the member from New York, to whom his resolution refers, is not in his seat. I wish that fact to go on record.

Mr. COX. Very well; I want this resolution to go on record along with that of the member from New York.

Mr. BINGHAM. I object to the resolution. Mr. COX. I move to suspend the rules. The question was taken; and the rules were not suspended, (two thirds not voting therefor.) Mr. LOVEJOY. I desire to ask the consent of the House to introduce a bill, to which, if the House will hear me in a short statement in reference to it, I presume there will be no objection. If there is, I will not insist on the proposition. Mr. VALLANDIGHAM. I object. Mr. LOVEJOY. I hope the gentleman will not object to hearing a short statement of the substance of the bill.

Mr. VALLANDIGHAM. I object.

INCREASE OF ARMY PAY.

Mr. STEVENS. I now ask the consent of the House to call up from the Speaker's table Senate bill No. 69, to increase the pay of the non-commissioned officers, musicians, and privates of the regular Army, volunteers, marines, and seamen and ordinary seamen, in the service of the United States, and for other purposes.

Mr. VALLANDIGHAM. I ask for the reading of the bill.

Mr. STEVENS. I will state in a few words the substance of the bill. The first section contains a provision for increasing the pay of our soldiers and seamen four dollars per month. The second section legalizes the proclamations and acts of the President in calling out the militia heretofore, and in accepting the services of volun

teers.

Mr. VALLANDIGHAM. I object to the bill until I can hear it read.

The bill was read at length.
Mr. VALLANDIGHAM. I must still object

to the introduction of the bill.

Several MEMBERS. Move to suspend the rules. Mr. STEVENS. I will vary the motion, and move to proceed to the business on the Speaker's table.

The House divided on the motion; and there were-ayes 68, noes 10; no quorum voting. Mr. STEVENS. I hope the gentleman will withdraw his objection to taking up the bill. Mr. VALLANDIGHAM. I will withdraw

my objection to the first section, if the gentleman will consent to have the second stricken out. Mr. STEVENS. I cannot do that. Mr. MORRILL, of Vermont. I call for tellers on the motion to go to the business on the Speaker's table.

Tellers were ordered; and Messrs. WEBSTER, and KELLOGG of Michigan, were appointed.

The House divided; and the tellers reportedayes sixty-six.

Mr. STEVENS. I call for the yeas and nays. Mr. VALLANDIGHAM. If the House will hear me a moment, I will perhaps withdraw my objection to taking up the bill. I say to the gentleman from Pennsylvania that, if he will allow me to move to strike out the second section, and have a vote upon it by yeas and nays, I will withdraw my objection.

Mr. STEVENS. I will then agree that the gentleman shall offer his amendment before I call the previous question.

Mr. VALLANDIGHAM. I withdraw my objection.

Mr. STEVENS. I desire to offer an amendment to the bill myself. I move to amend the first section, which provides for increasing the pay of soldiers and seamen four dollars per month, by reducing the increase to two dollars per month. I will merely say that I make that motion because I am alarmed at the expense we are incurring. This day and every day for some time the nation has incurred an expense of some one million two hundred and fifty thousand dollars. I cannot see where the money is to come from. I am willing to give the soldiers any pay; but we must reduce the expenses as much as possible. I now yield to the gentleman from Ohio, to submit his amendment.

Mr. VALLANDIGHAM. I now move to strike out the second section of the bill, which proposes to ratify the proclamations, orders, and other acts of the President, relating to the Army and Navy, some of which, upon grounds of public policy, as stated to us in response to resolutions of inquiry, have not yet been disclosed to the country. I should be glad to discuss and to denounce this monstrous proposition as it deserves, but want of time forbids.

Mr. STEVENS. I demand the previous question.

Mr. OLIN. Will the gentleman from Pennsylvania waive his demand for the previous question until I oppose his amendment?

Mr. STEVENS. I must decline to withdraw it. On seconding the demand for the previous question, there were-ayes 61, noes 5; no quorum voting.

Mr. OLIN. I move that there be a call of the House.

The motion was disagreed to.

Mr. STEVENS. I demand the yeas and nays on ordering the main question to be now put. The yeas and nays were ordered. The question was taken; and it was decided in the affirmative-yeas 80, nays 12; as follows:

YEAS-Messrs. Allen, Ancona, Arnold, Ashley, Joseph Baily, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Cobb, Colfax, Frederick A. Conkling, Conway, Covode, Cox, Diven, Duell, Dunn, Edwards, Eliot, Fenton, Fessenden, Frank, Granger, Gurley, Hale, Hanchett, Harrison, Horton, Hutchins, Jackson, Johnson, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Leary, Loomis, Lovejoy, McClernand, MeKean, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Morris, Noble, Pendleton, Pike, Porter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Sheil, Stevens, Benjamin F. Thomas," Francis Thomas, Train, Upton, Vallandigham, Van Horne, Verree, Wall, Charles W. Walton, E. P. Walton, Albert S. White, Wood, and Worcester-80.

NAYS-Messrs. George H. Browne, Calvert, Crisfield, Haight, May, Mallory, Olin, Smith, John B. Steele, Trowbridge, Webster, and Wickliffe-12.

So the main question was ordered.

ment; and, on a division of the House, there were— The question recurred on Mr. STEVENS's amend

ayes 50, noes 29.

Mr. OLIN demanded the yeas and nays. The yeas and nays were ordered. The question was taken; and it was decided in the negative-yeas 32, nays 66; as follows:

YEAS-Messrs. Joseph Baily, Francis P. Blair, Samuel S. Blair, Blake, Buthinton, Calvert, Frederick A. Conkling, Cravens, Crisfield, Diven, Dunn, Eliot, Fenton, Horton, Jackson, Kelley, Law, Mallory, Anson P. Morrill, Justin S Morrill, Alexander II. Rice, John II. Rice, Sedgwick, Ste

THIRTY-SEVENTH CONGRESS, 1ST SESSION.

vens, Benjamin F. Thomas, Francis Thomas, Upton, Verree, Wadsworth, Webster, and Wickliffe-32.

NAYS-Messrs. Aldrich, Allen, Ancona, Arnold, AshJey, Babbitt, Baxter, Beaman, Bingham, George H. Browne, Cobb, Colfax, Covode, Cox, Duell, Edwards, English, Fessenden, Frank, Goodwin, Granger, Gurley, Haight, Hanchett, Harrison, Hutchins, Johnson, Julian, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, May, McKean, McKnight, McPherson, Mitchell, Moorhead, Morris, Noble, Odell, Olin, Pendleton, Pike, Porter, Riddle, Edward H. Rollins, Shanks, Sheffield, Shellabarger, Sherinan, Sheil, Smith, John B. Steele, Trowbridge, Vallandigham, Van Horne, Voorhees, Wall, Charles W. Walton, E. P. Walton, Whaley, Albert S. White, Windom, and Worcester-66.

So the amendment was rejected.

Mr. STEVENS. I ask the unanimous consent of the House to allow me to move an additional section to the bill. It is as follows:

SEC. 3. And be it further enacted, That the provisions of the act entitled "An act for the relief of the Ohio and other volunteers," approved July 26, 1861, be, and the same are hereby, extended to all volunteers mustered into the service of the United States, whether for two or three years or for and during the war.

There was no objection; and the amendment was allowed to be presented.

Mr.STEVENS. The amendment only corrects a mistake which was made in the bill we passed, where we used the word "militia" instead of volunteers. The bill is passed; but the Department holds that the word "militia" only embraces the three-months men, and not the three-years men, as in the case of the State of Ohio. simply corrects that.

It

Mr. COLFAX. The gentleman desires to exclude the three-months men?

Mr. STEVENS. The word militia is held to embrace the three-months men of all the States except Ohio. I want this section for the purpose of putting them all upon the same condition with the people of Ohio; that is, that the word "militia," in that law, shall mean all, of whatever length of time.

Mr. COLFAX. There are only two regiments in service for one year.

Mr. STEVENS. I modify the amendment so as to include them.

The question was taken; and the amendment was agreed to.

The question then recurred on striking out the second section, which is in these words:

"SEC. 2. And be it further enacted, That all the acts, procJamations, and orders of the President of the United States, after the 4th of March, 1861, respecting the Army and Navy of the United States, and the calling out, or relating to the militia or volunteers from the States, are hereby approved, and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority of the Congress of the United States."

Mr. WICKLIFFE. I ask the unanimous consent of the House to propound an interrogatory to the chairman of the Committee of Ways and Means.

There was no objection.

Mr. WICKLIFFE. I would like to know what will be the additional expense of this addition of four dollars to the pay of soldiers, marines, &c., upon the hypothesis that we are to have four hundred thousand men in the field?

Mr. STEVENS. I make it out, according to the calculation I have already made, to be between sixteen and twenty million dollars.

Mr. WICKLIFFE. I make it out to be $19,000,000. Believing that this is a sum which ought not to be allowed, I will test the validity of this bill by moving that it be laid upon the table; and on that motion I demand the yeas and nays. The yeas and nays were not ordered. The question was taken; and the motion to lay upon the table was not agreed to.

The question then recurred on Mr. VALLANDIGHAM's motion to strike out the second section. Mr. WICKLIFFE. I ask to be excused from voting on that proposition. Some of the measures I approve, and some I do not.

The SPEAKER. After the main question has been ordered, it is not in order to ask to be excused from voting.

Mr. BLAIR, of Missouri. I will state to the

WEDNESDAY, AUGUST 7, 1861.

gentleman, that by the terms of the resolution, everything that is questionable is left out.

Mr. MÅLLORY. Is it in order to move to strike out the enacting clause of the bill?

The SPEAKER. It is not. No amendment or debate is in order during the pendency of the previous question. The Chair would state to the gentleman from Kentucky, that he was laboring under a mistake in deciding that the gentleman could not ask to be excused. The ordering of the main question would not exclude the gentleman's request, and if the gentleman insists upon the request, the Chair will put the question to the House.

Mr. WICKLIFFE. I insist upon it. The question was put; and it was decided in the negative.

So Mr.WICKLIFFE was not excused from voting. The question was then taken on striking out the second section; and it was decided in the negative-yeas 19, nays 74; as follows:

YEAS-Messrs. Allen, Ancona, George H. Browne, Calvert, Cox, Crisfield, Jackson, Johnson, May, Noble, Pendleton, James S. Rollins, Shell, Smith, Vallandigham, Voorhees, Wadsworth, Ward, and Webster-19.

NAYS-Messrs. Aldrich, Alley, Arnold, Ashley, Goldsmith F. Bailey, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Cobb, Colfax, Frederick A. Conkling, Conway, Covode, Diven, Duell, Dunn, Edwards, Eliot, Fenton, Fessenden, Frank, Goodwin, Granger, Gurley, Haight, Hale, Hanchett, Harrison, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lausing, Leary, Loomis, Lovejoy, McKean, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Pike, Porter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Stevens, Benjamin F. Thomas, Francis Thomas, Train, Trowbridge, Van Horne, Verree, Wall, Charles W. Walton, E. P. Walton, Albert S. White, Windom, and Worcester-74.

So the House refused to strike out the section. The bill was ordered to be read a third time; and it was accordingly read the third time, and passed.

Mr. MORRILL, of Vermont, moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

ENROLLED BILL.

Mr. GRANGER, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled an act to create a metropolitan police district of the District of Columbia, and to establish a police therefor; when the Speaker signed the same.

EXECUTIVE COMMUNICATION.

The SPEAKER, by unanimous consent, laid before the House a communication from the Secretary of the Interior, in answer to a resolution of the House, of the 3d instant, requesting the Secretary to inform the House why a portion of the persons engaged in the loyal States, in 1860, in taking the census, as deputy marshals, have not been paid, and when payment to such persons may reasonably be expected; which was laid on the table, and ordered to be printed.

.

CONGRESSIONAL GLOBE.

Mr. KELLOGG, of Illinois. I ask the unanimous consent of the House to introduce a joint resolution, in relation to the publication of the Globe of this session. I ask that it may be read, and then, I think, there will be no objection to its passage.

The resolution was read, as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following proviso contained in the act entitled "An act making additional appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1862, and appropriations of arrearages for the year ending 30th June, 1861," approved July 27, 1861: "Provided, That the said proceedings shall be reported with and bound in the Congressional Globe and Appendix for the first regular session of the present Congress," be, and the same is hereby, repealed.

No objection being made to the introduction of the resolution, it was ordered to be engrossed, and read a third time; and being engrossed, it was accordingly read the third time, and passed.

NEW SERIES.....No. 29.

Mr. KELLOGG, of Illinois, moved to reconsider the vote by which the resolution was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

CORPS OF ENGINEERS.

Mr. BLAIR, of Missouri. There is on the Speaker's table a bill of the House (No. 101) to promote the efficiency of the engineer and topographical engineer corps, and for other purposes, returned from the Senate, with an amendment. I move to take up that bill for the purpose of acting upon the Senate amendment.

There being no objection, the bill and amendment were taken up for consideration.

The amendment of the Senate, which was read, was to strike out all after the enacting clause, and insert a substitute which proposes to add to cach of the corps of engineers and topographical engineers, by regular promotion of their present officers, two lieutenant colonels and four majors. It also proposes to add to the corps of topographical engineers one company of soldiers, to be commanded by appropriate officers of the corps, to have the same pay and rations, clothing, and other allowances, and to be entitled to the same benefits in every respect as the company created by the act "for the organization of a company of sappers and miners and pontoniers," approved May 16, 1846.

The Senate amendment was concurred in.

Mr. BLAIR, of Missouri, moved to reconsider the vote by which the amendment was agreed to; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

ARNOLD WILLETT AND HENRY NORTH.

Mr. VALLANDIGHAM. I desire to say to the gentleman from Missouri that I withdraw my objection to a bill which he desired to report this morning.

Mr. BLAIR, of Missouri. Then, Mr. Speaker, I desire to report, from the Committee on Miliitary Affairs, a bill to provide for the payment to Arnold Willett, for bread, &c., and Henry North, for wood provided for the United States volunteers of Maryland.

No objection being made, the bill was received, read a first and second time, ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed,

Mr. MAY moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table. The latter motion was agreed to.

PUNISHMENT OF CRIMINALS.

Mr. LOVEJOY. I ask leave to introduce a bill to repeal all acts or parts of acts which operate to exempt traitors and other criminals from punishment; and if there is any objection, I move to suspend the rules.

The bill, which was read for information, proposes to repeal so much of the act approved January 24, 1857, as provides that no person, examined and testifying before either House of Congress or any committee of either House, shall be held to answer criminally in any court of justice, or shall be subject to any penalty for an act touching which he shall have so testified; and to repeal all acts that operate to exempt persons guilty of treason and other crimes from trial and punishment.

Mr. VALLANDIGHAM. I object: that act was maturely considered and passed by this body. Mr. LOVEJOY. If the House will allow me I will say

Mr. VALLANDIGHAM. I object. Mr. LOVEJOY. Then I hope the House will suspend the rules.

Mr. WICKLIFFE. I desire to ask the gentleman from Illinois one single question. Is it the object of the bill to repeal that law under which the contractor Russell, who stole the Indian trust bonds, got clear?

Mr. LOVEJOY. It is to repeal the law which

provides that when a witness testifies before a committee of the House, he cannot be tried in any criminal court for any act about which he testified. Mr. WICKLIFFE. Then I am for repealing it.

Mr. LOVEJOY. It simply makes him answerable upon any other testimony than his own, before any other court.

On the motion to suspend the rules the Speaker ordered tellers, and appointed Messrs. PENDLETON and PORTER.

The House divided; and the tellers reportedayes 82, noes 6; no quorum voting.

Mr. LOVEJOY. I demand the yeas and nays on suspending the rules.

The yeas and nays were ordered.

The question was taken; and there were-ayes 84, nays 5; as follows:

YEAS-Messrs. Aldrich, Allen, Arnold, Ashley, Joseph Baily, Baxter, Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Calvert, Cobb, Colfax, Frederick A. Conkling, Covode, Cox, Cravens, Diven, Duell, Edwards, Eliot, English, Fenton, Fessenden, Frank, Goodwin, Granger, Haight, Hale, Hanchett, Harrison, Horton, Hutchins, Jackson, Julian, Kelley, William Kellogg, Lansing, Law, Loomis, Lovejoy, McKean, McKnight, McPherson, Mallory, Mitchell, Moorherd, Anson P. Morrill, Justin S. Morrill, Morris, Noble, Olin, Pike, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Smith, John B. Steel, Francis Thomas, Train, Trowbridge, Upton, Van Horne, Verree, Wadsworth, Wall, Charles W. Walton, E. P. Walton, Ward, Webster, Whaley, Albert S. White, Wickliffe, Windom, and Worcester-84.

NAYS-Messrs. George H. Browne, Crisfield, May, Benjamin F. Thomas, and Vallandigham-5.

No quorum voting,

On motion of Mr. PENDLETON, (at half past four o'clock, p. m.,) the House adjourned until eleven o'clock to-morrow morning.

IN SENATE.

TUESDAY, August 6, 1861.

Prayer by the Chaplain, Rev. Dr. SUNDERLAND. The Secretary proceeded to read the Journal of yesterday; and, at the expiration of fifteen minutes,

Mr. GRIMES. I move that the further reading of the Journal be dispensed with.

The motion was agreed to, by unanimous con

sent.

WASHINGTON CITY RAILWAY.

Mr. GRIMES. The Committee on the District of Columbia, to whom was referred the bill (S. No. 68) to incorporate the Washington Railway Company, have instructed me to report the same back, that it may go on the Calendar, without a recommendation, either favorable or unfavorable to its passage. I will state, that the bill was referred to the committee last night about nine o'clock, and we have been utterly unable to give to it any consideration.

The PRESIDENT pro tempore. It will go on the Calendar.

SENATOR FROM KANSAS.

The PRESIDENT pro tempore laid before the Senate the following message from the President of the United States:

EXECUTIVE MANSION, August 5, 1861. To the Senate of the United States:

In answer to the resolution of your honorable body of date of July 31, 1861, requesting the President to inform the Senate whether Hon. JAMES H. LANE, a member of that body from Kansas, has been appointed a brigadier general in the Army of the United States, and, if so, whether he has accepted such appointment, I have the honor to transmit herewith certain papers, numbered 1, 2, 3, 4, 5, 6, and 7, which, taken together, explain themselves; and which contain all the information I possess upon the question propounded. It was my intention, as shown by my letter of June 20, 1861, to appoint Hon. JAMES H. LANE, of Kansas, a brigadier general of United States volunteers, in anticipation of the act of Congress, since passed, for raising such Volunteers; and I have no further knowledge upon the subject, except as derived from the papers herewith inclosed. ABRAHAM LINCOLN.

Mr. HALE. I move that it lie on the table, and be printed.

The motion was agreed to.

Mr. TRUMBULL. The printing of the documents, of course, would be useless for this session. That disposes of the case. If the Senator from New Hampshire designs to place them out of the possession of the Senate

Mr. HALE. No.

Mr. TRUMBULL. I do not see the Senator from Connecticut [Mr. FOSTER] in his place, and he may desire, as he made the report of the com

mittee, to take some action in regard to it. I think it had better lie on the table for the present. Mr. HALE. Very well.

The PRESIDENT pro tempore. The papers will lie on the table; and the order to print will be regarded as not having been made.

SUSPENSION OF A RULE.

Mr. DIXON. I move that the Senate proceed to the consideration of the resolution offered by me yesterday for the suspension of the 26th rule. The resolution was read, as follows: Resolved, That the 26th rule of the Senate be suspended for the residue of the present session.

Mr. DIXON. 1 propose an amendment to the resolution before it is adopted.

Mr. BINGHAM. I suppose the resolution is not necessarily under consideration without a vote of the Senate to take it up. I call for a vote of the Senate on the question of taking it up.

Mr. DIXON. I understood it was taken up by general consent.

The PRESIDENT pro tempore. The question is on taking up the resolution. The Chair will state that a resolution touching the rules of the Senate, and having reference to the order and proceeding of business, is a preferred question.

The question being taken, on a division, resulted-ayes 18, noes 3; no quorum voting.

Mr. TRUMBULL. I think we had better have the yeas and nays, and we shall get a quorum in that way. We have to wait now. I ask for the yeas and nays on the question of taking up the resolution, with a view of getting a quorum.

Mr. COLLAMER. I desire to know what is the rule to be suspended.

Mr. DIXON. The rule requires that all resolutions granting money from the contingent fund shall be read three times on three several days. Will the Senator from Michigan allow the sense of the Senate to be taken on the question?

Mr. BINGHAM. The sense of the Senate has just been taken, I think.

Mr. DIXON. I mean on the other questionthe resolution for which this makes way.

Mr. TRUMBULL. I believe I called for the yeas and nays, with a view to seeing if we could not get a quorum. I think that will have a tendency to fill the Senate quicker than anything else. suppose it is not too late to ask for the yeas and

I nays.

The PRESIDENT pro tempore. The Chair will

entertain the call.

The yeas and nays were ordered; and being taken, resulted-yeas 32, nays 3; as follows:

YEAS-Messrs. Anthony, Breckinridge, Bright, Browning, Carlile, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Grimes, Hale, Johnson of Tennessee, Johnson of Missouri, Lane of Kansas, Morrill, Polk, Powell, Rice, Saulsbury, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Willey, Wilmot, and Wilson-32.

NAYS-Messrs. Bingham, Chandler, and King--3. So the motion was agreed to; and the Senate proceeded to consider the resolution.

Mr. DIXON. The last clause of the 26th rule should not be suspended. It escaped my attention at the time I drew the resolution. It is, that "a motion to suspend or to concur in a resolution of the House to suspend the 16th and 17th joint rules, or either of them, shall always be in order, be immediately considered, and be decided without debate." I propose to amend the resolution by adding the words "except the last clause of said rule."

The PRESIDENT pro tempore. The resolution will be so modified.

The resolution, as modified, was agreed to.

ASBURY DICKINS.

Mr. DIXON. I now move to take up the resolution reported by the Committee to Audit and Control the Contingent Expenses of the Senate, with regard to the salary of Mr. Dickins, the late Secretary of the Senate; and I ask that it be put on its passage.

The PRESIDENT pro tempore. The first question is on taking up the resolution.

Mr. BINGHAM. I ask for the yeas and nays on that question; and I want the resolution read. Mr. ANTHONY. It will do to take the yeas and nays on its passage.

Mr. BINGHAM. I am against it all through. The PRESIDENT pro tempore. The resolution will be read for information.

The resolution was read, as follows:

Resolved, That the salary of Asbury Dickins, late Secretary of the Senate, be continued for one year from the commencement of the present session, to be paid out of the contingent fund.

The amendment of the Committee to Audit and Control the Contingent Expenses of the Senate was, to strike out all after the word "resolved," and insert:

That there be paid, out of the contingent fund, to Asbury Dickins, the late Secretary of the Senate, a sum equal to one year's salary as Secretary and disbursing officer, to mark the sense of the Senate of the long and faithful services of the said Asbury Dickins as Secretary.

The PRESIDENT pro tempore. The question is on taking up the resolution for consideration. On this question the yeas and nays are demanded. The yeas and nays were ordered; and being taken, resulted-yeas 29, nays 6; as follows:

YEAS-Messrs. Anthony, Breckinridge, Bright, Browning, Carlile, Clark, Collamer, Cowan, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Johnson of Tennessee, Johnson of Missouri, Lane of Kansas, Morrill, Powell. Rice, Saulsbury, Simmons, Sumner, Trumbull, Wade, Wilkinson, Willey, Wilmot, and Wilson-29.

NAYS-Messrs. Bingham, Chandler, Doolittle, King, Sherman, and Ten Eyck-6.

So the motion was agreed to; and the Senate proceeded to consider the resolution.

The PRESIDENT pro tempore. The question is on the amendment reported by the committee. Mr. HALE. I want to inquire whether, if the Senate adopt that amendment, it will be in order to move to amend the amendment?

The PRESIDENT pro tempore. Not after it is adopted.

Mr. HALE. Then I move to amend the amendment by striking out the words "and disbursing officer;" and also the latter clause of the resolution which assigns the reason for it.

Mr. DIXON. Is it in order for me to accept the amendment?

The PRESIDENT pro tempore. The original amendment, the Chair understands, is reported from a committee, and is not within the control of an individual member.

Mr. HALE. I want to state to the Senate that I am in favor of this payment of $3,000 to Mr. Dickins, as an old and faithful servant of the Senate; but I think he ought never to have had $1,080 as disbursing agent. It was an evasion; an improper interpolation. I am willing to give him the fair salary he was always entitled to when here; but I move to amend the resolution by striking out the words, "and disbursing officer." If it is amended as I propose, the resolution will give him $3,000 instead of $4,080, as it now stands. I think he ought to have his pay as Secretary; but not as disbursing agent.

The PRESIDENT pro tempore. Will the Senator from New Hampshire again repeat his motion?

Mr. HALE. Well, sir, I am content with striking out the words "and disbursing officer." The amendment to the amendment was agreed

to.

Mr. CHANDLER. Is it in order to move a further amendment?

The PRESIDENT pro tempore. It is still in order.

Mr. CHANDLER. I move to add, "and the late Sergeant-at-Arms, D. R. McNair." If we are going to be so liberal, I want to do justice to all around.

Mr. DIXON. I will state that I have a separate report to make on that case.

Mr. CHANDLER. We had better have them both together. I have some more that I want to put on yet.

The PRESIDENT pro tempore. The question is on the amendment offered by the Senator from Michigan to the amendment reported from the

committee.

Mr. DIXON. I hope it will not be amended. Mr. BRIGHT. I hope that amendment will not be agreed to. It is calculated to embarrass this resolution, which is intended for a very benevolent object. I think the Senator had better wait for the report of the committee, who will make another report covering that case.

Mr. CHANDLER. He was a very worthy officer, and I wish them all to go together. I hope the amendment will be adopted.

Mr. TRUMBULL. hope it will not be adopted, and I hope that my friend from Michigan will not press it. "Let each tub stand on its

own bottom." This is, as was well remarked by the Senator from Indiana, a peculiar case, and I hope he will not press others upon it to embarrass it.

Mr. BRIGHT. We can vote on that afterwards, and not embarrass this.

Mr. BINGHAM. I should like to know what there is peculiar in this case beyond that of any other employé of the Senate. It is true, he was the oldest, and had been in the employment of the Senate about twenty-five years; one gentleman says thirty years. He received over four thousand dollars a year, making more than one hundred thousand dollars that he has received from the Treasury of the country. Now, these other employés, the pages, doorkeepers, and messengers, whom we have turned out, have not received any thing like that sum; and they have just as good a claim on the Senate, when we dismiss them, as the Secretary. If the Secretary ought to be paid, he ought to be kept in office. We ought not to be paying two Secretaries at the same time; but if we are to do this with him, I do not see why we should not do the same thing with the Sergeant-at-Arms, the messengers, and all the other officers we have been dismissing during the present session.

Mr. President, it seems to me this is setting a bad example. It is establishing a system of pensioning on the civil list. We have been pensioning, during this session, those on the military and naval list, and we are now beginning at the civil list. If you pension your Secretary, whom you have had in your service over twenty years, and who has received a quarter more pay than Senators, why not pension the widow of the late Senator Douglas? Why not have it understood that, when Senators go out of office, they shall be pensioned, because they do not get as much pay here as the Secretary got? I oppose this thing on principle; not because I have anything against Mr. Dickins, or any of the late employés of the Senate; but I think Senators ought to pause, in the present condition of the Treasury, before they begin to make disbursements so liberally, giving away money here and there.

The PRESIDENT pro tempore. The question is on the amendment moved by the Senator from Michigan [Mr. CHANDLER] to the amendment of the committee.

Mr. BINGHAM. I ask for the yeas and nays upon it.

The yeas and nays were ordered.

Mr. KING. I shall vote against the amendment, which I suppose is designed to defeat the original proposition, because I am opposed to the whole proposition.

The question being taken by yeas and nays, resulted-yeas 9, nays 27; as follows:

YEAS-Messrs. Chandler, Cowan, Johnson of Tennessee, Latham, McDougall, Polk, Powell, Rice, and Saulsbury-9.

NAYS-Messrs. Anthony, Bingham, Bright, Browning, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Harris, Howe, King, Lane of Kansas, Morrill, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Willey, Wilmot, and Wilson-27.

So the amendment to the amendment was rejected.

The PRESIDENT pro tempore. The question is on agreeing to the amendment reported by the committee, as amended.

The amendment, as amended, was agreed to. The PRESIDENT pro tempore. If no other amendment be moved, the question will be on the resolution as amended.

Mr. BINGHAM. It would be pretty easy for me now to defeat the measure; but it is apparent that a majority of the Senate want to pass the resolution in the confusion of the last hours of the session, and I shall content myself simply with asking for the yeas and nays.

The yeas and nays were ordered; and being taken, resulted-yeas 28, nays 9; as follows:

YEAS-Messrs. Anthony, Breckinridge, Bright, Browning, Clark, Collamer, Cowan, Dixon, Fessenden, Foot, Foster, Hale, Harris, Johnson of Tennessee, Latham, McDougall, Morrill, Polk, Powell, Rice, Saulsbury, Simmons, Summer, Trumbull, Wade, Willey, Wilmot, and Wil

800-28.

NAYS-Messrs. Bingham, Chandler, Doolittle, Howe, King, Lane of Indiana, Lane of Kansas, Ten Eyck, and Wilkinson-9.

So the resolution was adopted.

NUMBER OF REPRESENTATIVES.

Mr. GRIMES. I move that the Senate now

proceed to the consideration of the bill lying on the table relative to the apportionment of Representatives in the House of Representatives.

Mr. DIXON. Allow me to make a report. Mr. GRIMES. I am afraid I shall lose my right to the floor.

The PRESIDENT pro tempore. The Senator from Iowa moves to take up House bill No. 104, fixing the number of the House of Representatives from and after the 3d of March, 1863.

Mr. TRUMBULL. As the bill is likely to occupy some time, I ask the Senator from Iowa to allow me to move that the Senate take up House bill No. 86, which is a short bill-I think of one page-and I think it is somewhat important that it should pass. It is a bill to punish persons for enlisting troops for the southern confederacy in the northern States. It will take but a moment, I think, to pass it.

The PRESIDENT pro tempore. Does the Senator from Iowa withdraw his motion?

Mr. GRIMES. This is a bill of very great importance It was passed by an almost unanimous vote through the House of Representatives, and I apprehend it will not take over fifteen minutes to pass it here.

Mr. DIXON. I rise to a privileged motion. I am directed by the Committee to Audit and Control the Contingent Expenses of the Senate to report a resolution in regard to the pay and mileage of the contesting Senator from Kansas.

The PRESIDENT pro tempore. That is not a privileged question. The question is on the motion of the Senator from lowa to take up the bill indicated by him.

The motion was not agreed to.

ENLISTMENTS AGAINST THE UNITED STATES. Mr. TRUMBULL. I ask the Senate now to

take up House bill No. 86. The motion was agreed to; and the bill (H. R. No. 86) to punish certain crimes against the United States was considered as in Committee of the Whole. It makes it a misdemeanor, punishable by fine and imprisonment, for any person to recruit soldiers or sailors in any State or Territory against the United States, or for any person to of the United States, to engage in armed hostility

volunteer or enlist for such service.

Mr. POWELL. I ask how often that bill has been read? I think it has been read but once.

The PRESIDENT pro tempore. The bill has been twice read, and is before the Senate as in Committee of the Whole, and is not liable to objection by a single individual. It is in the control of the majority.

Mr. POWELL. My understanding is, that I objected to the second reading of that bill yesterday; but I may be mistaken.

Mr. TRUMBULL. I can state to the Senator from Kentucky how it was.

The PRESIDENT pro tempore. The Chair speaks from the record; it has been read twice already.

TRUMBULL. I reported it back yesterday from the Committee on the Judiciary, and the Senator then objected to action on it.

The bill was reported to the Senate, and ordered to a third reading. It was read the third time, and passed.

ARREST OF BALTIMORE POLICE COMMISSIONERS.

Mr. POWELL. I presented a resolution the other day in relation to the arrest and imprisonment of Charles Howard, William H. Gatchell, and John W. Davis, police commissioners of the city of Baltimore. The Committee on the Judiciary reported back the memorial of these three persons, and asked to be discharged. I gave notice that I would move to refer the matter back to the committee, and instruct them to report the resolution which I submitted. I send it to the table, and ask to have it read.

Mr. DIXON. I ask the Senator from Kentucky to allow me to make a report in regard to a citizen of his State.

Mr. COLLAMER. I object to taking up the question referred to by the Senator from Kentucky.

The PRESIDENT pro tempore. The first question is on taking it up.

Mr. POWELL called for the yeas and nays; and they were ordered.

Mr. POWELL. I ask to have the resolution read before the vote is taken.

The Secretary read it, as follows:

Resolved, That the Committee on the Judiciary be discharged from the further consideration of the memorial of Charles Howard, William H. Gatchell, and John W. Davis, and the memorial of the Mayor and City Council of Baltimore, relative to the suspension of the functions of the board of police of that city.

Mr. POWELL. I desire the resolution which I presented to be read.

The PRESIDENT pro tempore. Does the Senator offer an amendment to the resolution reported by the committee?

Mr. POWELL. Yes, sir.

The PRESIDENT pro tempore. The proposed amendment will be read.

Mr. TRUMBULL. I submit that it is not competent to amend the report of a committee in that way, where the committee merely ask to be discharged from the consideration of a subject. It is not competent for one of the members to move an amendment to that resolution.

Mr. WADE, and others. The question is on taking it up.

The PRESIDENT pro tempore. The proposition intended to be offered by the Senator from Kentucky as an amendment will be read to the Senate for information.

The Secretary read the proposition of Mr. POWELL, as follows:

Whereas the Constitution of the United States declares that no warrant shall issue but upon probable cause, supported by oath or affirmation; that no citizen shall be deprived of his liberty without due process of law; and that the accused shall enjoy the right of a speedy trial by a jury of the district where the offense was committed: and whereas Charles Howard, William H. Gatchell, and John W. Davis, citizens of Baltimore, in the State of Maryland, were, on the 1st day of July, 1861, seized without warrant, and without any process of law whatever, by a body of soldiers of the Army of the United States, by order of Major General Banks, alleged to have been made in pursuance of orders issued from the headquarters of the Army at Washington, and were removed by force and against their will from their homes to Fort McHenry, where they have ever since been, and now are, confined as prisoners; and whereas the said military officer, without warrant or authority of law, superseded and suspended the official functions of the said Charles Howard and others, members of the board of police of Baltimore; and whereas the constitutional privilege of the writ of habeas corpus has been treated with contempt, and a military officer (the predecessor of General Banks) has taken upon himself the responsibility of willful disobedience to the writ, thereby subordinating the civil to the military power, thus violating and overthrowing the Constitution of the United States, and setting up in its stead a military despotism; and whereas the Congress of the United States regards the acts aforesaid as clear and palpable violations of the Constitution of the United States, and destructive to the liberties of a free people: Therefore, Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the arrest and imprisonment of Charles Howard, William H. Gatchell, and John W. Davis, without warrant and process of law, is unconstitutional and illegal; and they should, without delay, be released, or their case remitted to the judicial tribunals, to be lawfully heard and determined.

The PRESIDENT pro tempore. The question is on taking up this subject for consideration; on which the yeas and nays have been ordered. The Clerk will proceed to call the roll.

The question being taken by yeas and nays, resulted yeas 7, nays 33; as follows:

YEAS-Messrs. Breckinridge, Bright, Johnson of Missouri, Latham, Polk, Powell, and Saulsbury-7.

NAYS-Messrs. Anthony, Baker, Bingham, Browning, Carlile, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howe, Johnson of Tennessee, King, Lane of Kansas, McDougall, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Willey, Wilmot, and Wilson-33.

So the motion was not agreed to.

SENATOR FROM KANSAS.

Mr. WILSON. I propose to take up the joint resolution (S. No. 1) to approve and confirm certain acts of the President for suppressing insurrection and rebellion. I notify Senators that I want a vote on this subject.

Mr. DOOLITTLE. I move that the Senate proceed to the consideration of executive business.

Mr. TRUMBULL. I appeal to my friend from Wisconsin to withdraw that motion, to allow an order to be made to print a communication in regard to the contested seat of the Senator from Kansas. I objected till the Senator from Connecticut came in. I hope he will allow that order to be made, so that we may print the message of the President.

Mr. DOOLITTLE. I have no objection to that being done by unanimous consent; but I cannot yield the floor for any purpose.

The PRESIDENT pro tempore. By unanimous consent, the order to print will be made.