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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --TWENTY-FOURTH DAY--TUESDAY, December 6, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
TWENTY-FOURTH DAY--TUESDAY, December 6, 1864.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.

The House resumed the consideration of the unfinished business; which was the report from the Committee on Rules and Officers of the House.

Mr. Holliday moved to suspend the rules, in order that he might introduce a resolution.

The motion prevailed.

Mr. Holliday offered the following resolution; which was adopted, viz:

Resolved, That the President be respectfully requested to inform the House of Representatives whether any and what restrictions have been imposed upon the exercise of the right of the Confederate States, or any of them, to export, on their own account, any of the articles enumerated in the act entitled "An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense," approved February sixth, eighteen hundred and sixty-four.

Also, whether the regulations made under the first section of said act have caused any diminution in the number of vessels engaged in foreign commerce.

Also, whether the said act of Congress and the regulations made under its authority have been beneficial or otherwise in their effects on the success of our arms and the supply of means necessary for the public defense.

Also, whether experience has suggested the necessity of the repeal of the said act of February sixth, eighteen hundred and sixty-four, or any modification or amendment of its provisions.

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Mr. Perkins called up the motion of Mr. Atkins to reconsider the vote by which the House adopted the amendment to Rule 30 of the House.

Mr. Russell moved to go into secret session, and the motion prevailed.

The House then went into secret session; and having spent some time therein, resolved itself into open session.

A message was received from the President, by Mr. Harrison, his Private Secretary; which is as follows, viz:

To the honorable Speaker of the House of Representatives.

Mr. Speaker: The President has to-day approved and signed a joint resolution (H. R. 19) of thanks to Gen. N. B. Forrest and the officers and men of his command.

Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.

Richmond, Va., December 6, 1864.

Mr. Chambers offered the following preamble and resolutions; which were unanimously adopted, viz:

Whereas the Honorable G. G. Vest, of Missouri, has called the attention of this House to the fact that, upon yesterday, when the House was in the act of assembling, an attack was made upon him in the presence of a large number of members and spectators by a woman who had intruded her presence into the Hail; and

Whereas this House is of opinion, from the conduct of the woman at the time. from declarations denunciatory and threatening toward other members, and from other facts communicated to the House, that the said woman is, as she is reported to be, of unsound mind: Therefore,

Resolved, That the members of this House hereby declare their fullest confidence in the Honorable G. G. Vest, as a gentleman of honor, incapable of giving cause for the perpetration of any such outrage, and we recognize the fact that an incident of a nature so disagreeable, but involving no disgrace, might have befallen any one of the many persons present at the time of the occurrence.

Resolved, That the conduct of the Honorable G. G. Vest, at the time of the attack, was eminently manly and proper under the circumstances.

Resolved further, That we deem the passage of these resolutions an act of simple justice to the Honorable G. G. Vest and the other members threatened in order to protect him and them against the unexplained version which may go to the public of this disagreeable affair.

On motion of Mr. Holliday,

The House adjourned until to-morrow at 12 o'clock m.

SECRET SESSION.

The House being in secret session,

Resumed consideration of the unfinished business, viz:

The bill "to suspend the privilege of the writ of habeas corpus in certain cases for a limited period."

And the question being on the amendment of Mr. Russell to the amendment of Mr. J. M. Leach,

Mr. Fuller demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 44
• Nays ... 41

Yeas: Batson, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Cluskey, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton,

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Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rogers, Russell, Snead, Swan, Triplett, Vest, Villeré, Welsh, Whitfield, Wilkes, and Mr. Speaker.

Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Boyce, Branch, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert; Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Wickham, and Witherspoon.

So the amendment to the amendment was agreed to.

Mr. Marshall submitted the following amendment to the amendment of Mr. J. M. Leach:

Strike out the whole thereof and insert the following: "Provided, Nothing herein shall be construed to authorize the suspension of the privilege where a party arrested for an attempt to evade military service may apply for the writ to a court or judge of general jurisdiction to test judicially his legal liability to render such service."

Mr. Russell moved to lay the amendment of Mr. Marshall on the table.

Mr. Orr demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 40
• Nays ... 47

Yeas: Batson, Blandford, Eli M. Bruce, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Perkins, Pugh, Read, Rogers, Russell, Sexton, Swan, Triplett, Vest, Villeré, Whitfield, Wilkes, and Mr. Speaker.

Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Boyce, Bradley, Branch, Bridgers, Horatio W. Bruce, Chambers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Miles, Murray, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.

So the motion to lay on the table was lost.

Mr. Akin submitted the following amendment to the bill (in the nature of a substitute):

• I. Strike out all after the enacting clause and insert:

  "That during the present invasion the privilege of the writ of habeas corpus be, and the same is hereby, suspended throughout the Confederate States in all cases where the person arrested may be charged, under oath--

  • "I. With treason or treasonable efforts or combinations to subvert the Government of the Confederate States.
  • "II. With combining to assist the enemy, or with communicating intelligence to the enemy, or giving him aid and comfort.
  • "III. With treasonable designs to impair the military power of the Government by destroying, or attempting to destroy, the vessels, or arms, or munitions of war, or arsenals, foundries, workshops, or other property of the Confederate States.
  • "IV. With being a spy or other emissary of the enemy.
  • "V. With exciting, or attempting to excite, insurrection among slaves, or promoting conspiracy among them, or enticing them to join the enemy.

  ---

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  • "VI. With burning, destroying, or injuring, or attempting to burn, destroy, or injure, any bridge or railroad or telegraphic line of communication, with the view of aiding the enemy.
  • "VII. With exciting, or attempting to excite, mutiny among the troops of the Confederate States.
  • • "VIII. With harboring deserters or encouraging desertion.
    • "Sec. 2. That in all such cases of arrest it shall be the duty of the officer issuing the warrant or order to set forth in writing, over his official signature, the cause of such arrest and imprisonment, and shall cause a copy thereof to be forthwith forwarded to the Secretary of War.
    • "Sec. 3. The oath required by this act shall be sufficient, when founded on either the knowledge, information, or belief of the affiant, that the person charged is guilty of the art or offense stated, and said oath may be administered, and the warrant or order of arrest issued, by any judge or justice or commissioner of the Confederate States, or by any judge, justice of the peace, judge of probate, or other judicial officer of any State of the Confederate States; or by any judge of a military court, or by any commissioned officer in the military service of the Confederate States of or above the rank of major.
    • "Sec. 4. That in all cases, when it is practicable, the oath shall be taken, and the warrant or order founded thereon shall be issued before the arrest shall be made; and when it is not practicable, or the delay may increase the probabilities of escape, the arrest may be first made; but in all such cases the oath shall be taken, and the warrant or order, plainly setting forth the cause of arrest and detention, shall be issued within twenty-four hours after the arrest shall have been made, and a copy of the affidavit and of the order or warrant, within forty-eight hours after such arrest, shall be furnished to the person arrested; and in case said Oath is not taken, nor said warrant or order issued and furnished, as herein required, the party arrested shall not be denied the privilege of the writ of habeas corpus by reason of the passage of this act.
    • "Sec. 5. It shall be the duty of the President to appoint proper officers as commissioners to investigate the cases of all persons so arrested or detained, in order that they may be discharged if improperly detained, unless they can be speedily tried in the due course of law. Said commissioners shall receive each a compensation of two hundred and fifty dollars per month: and each commissioner may appoint one clerk or assistant, who shall receive a compensation of one hundred and fifty dollars per month; and each commissioner and assistant shall receive twenty-five cents for every mile actually and necessarily traveled in the discharge of the duties required by this act.
    • "Sec. 6. During the suspension aforesaid no military or other officer shall be compelled, in answer to any writ of habeas corpus, to appear in person, or to return the body of any person or persons detained by him, according to the provisions of this act; but upon the certificate, under oath. of the officer having charge of anyone so detained that such person is detained by him as a prisoner for any of the causes hereinbefore specified, under the authority herein specified, accompanied by a copy of the affidavit and of the warrant or order of arrest, further proceedings under the writ of habeas corpus shall immediately cease and remain suspended so long as this act shall continue in force.
    • "Sec. 7. This act shall continue in force for ninety days after the next meeting of Congress, and no longer."

• II. Amend the preamble by striking out all after "Whereas," in line 8, and inserting "the President has informed the Congress of conditions of public danger which, in the opinion of Congress. render the suspension of the privilege of said writ a measure proper for the public defense and necessary to the public safety: Now. therefore."
• III. Amend the title so that it will read: "A bill to suspend the privilege of the writ of habeas corpus in certain eases and for a limited period."

The question recurring on the amendment of Mr. Marshall to the amendment of Mr. J. M. Leach,

Mr. Kenner demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 54
• Nays ... 33

Yeas: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Blandford, Boyce, Bradley, Branch Bridgers Horatio W. Bruce, Chambers, Chilton, Clopton, Colyar, Cruikshank, Darden,

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Dupré, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Murray, Orr, Ramsay, Rogers, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Swan, Turner, Welsh, Wickham, and Witherspoon.

Nays: Batson, Eli M. Bruce, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Perkins, Pugh, Read, Russell, Triplett, Vest, Villeré, Wilkes, and Mr. Speaker.

So the amendment of Mr. Marshall was agreed to.

Mr. Read submitted the following amendment to the amendment of Mr. J. M. Leach:

Add the following: "But nothing herein shall be construed to allow the courts of justices of the peace or county courts to issue the writ, or the applicants to be heard therein;"
which was agreed to.

The question recurring on the amendment of Mr. J. M. Leach, as amended,

Mr. Marshall demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 47
• Nays ... 41

Yeas: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Boyce, Bradley, Branch, Bridgers, Horatio W. Bruce, Chambers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.

Nays: Batson, Blandford, Eli M. Bruce, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Rogers, Russell, Sexton, Swan, Triplett, Vest, Villeré, Wilkes, and Mr. Speaker.

So the amendment of Mr. Marshall to the amendment of Mr. Leach was adopted.

Mr. Montague submitted the following amendment:

Add to the end of the fifth clause the following: "And provided, That any person claiming exemption from military service on the ground that he is an officer of a State shall have the privilege of the writ of habeas corpus;"
which was agreed to.

Mr. McCallum moved to amend the bill by striking out the whole of the fifth clause, and demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 24
• Nays ... 61

Yeas: Baldwin, Barksdale, Bell, Boyce, Branch, Horatio W. Bruce, Chambers, Cruikshank, Darden, Farrow, Foote, Gholson, Hanly, Keeble, Lamkin, J. M. Leach, Lester, Marshall, McCallum, Menees, Ramsay, Smith of North Carolina, Swan, and Wickham.

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Nays: Akin, Anderson, Atkins, Ayer, Batson, Baylor, Blandford, Bradley, Bridgers, Eli M. Bruce, Chilton, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Gaither, Garland, Gilmer, Hartridge, Hatcher, Herbert, Hilton, Holder, Holliday, Johnston, Kenner, Logan, Lyon, Machen, McMullin, Miles, Miller, Montague, Moore, Murray, Norton, Perkins, Pugh, Read, Rives, Rogers, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Triplett, Villeré, Welsh, Whitfield, Wilkes, Witherspoon, and Mr. Speaker.

So the amendment was not agreed to.

Mr. Russell submitted the following amendment:

After clause 10 insert the words "of any unlawful conspiracy with intent to injure the Confederate States;"
which was agreed to.

Mr. Smith of North Carolina submitted the following amendment:

Add at the end of first section the following proviso: "Provided, That the order for arrest or detention shall be in writing and signed by the President, Secretary of War, or the general officer commanding the Trans-Mississippi Military Department issuing the same, nor shall the authority to issue such order be delegated under general orders or otherwise to any other person."

Mr. Foote demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 35
• Nays ... 49

Yeas: Akin, Atkins, Ayer, Baldwin, Bell, Boyce, Branch, Bridgers, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, Menees, Orr, Ramsay, Simpson, J. M. Smith, Smith of Alabama, Smith of North Carolina, Snead, Turner, and Wickham.

Nays: Anderson, Barksdale, Batson, Baylor, Bradley, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gaither, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Read, Rives, Russell, Sexton, W. E. Smith, Swan, Triplett, Vest, Villeré, Welsh, Whitfield, Wilkes, and Witherspoon.

So the amendment, of Mr. Smith was lost.

Mr. Fuller submitted the following amendment:

Strike out the second section of the bill and insert in lieu thereof the following:

• "Sec. 2. The judges of the courts of general jurisdiction of the Confederate States shall have authority to investigate the cases of all persons so arrested or detained, in order that they may be discharged if improperly detained, unless they can be speedily tried in due course of law."

Mr. Orr submitted the following amendment to the second section:

Add the following proviso: "Provide, That no person liable to conscription shall be appointed under this section."

Mr. Read demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 53
• Nays ... 28

Yeas: Akin, Anderson, Atkins, Baldwin, Batson, Bell, Boyce, Bradley, Branch, Horatio W. Bruce, Chrisman, Cluskey, Colyar,

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Cruikshank, Darden, Dupré, Ewing, Farrow, Foote, Fuller, Gaither, Garland, Gilmer, Hanly, Holder, Keeble, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Menees, Murray, Orr, Perkins, Pugh, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Snead, Swan, Triplett, Turner, Villeré, Welsh, Wickham, Wilkes, and Witherspoon.

Nays: Barksdale, Baylor, Bridgers, Eli M. Bruce, Chilton, Clark, Clopton, Conrow, De Jarnette, Dickinson, Funsten, Gholson, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, Kenner, Lyon, Machen, Miller, Montague, Moore, Read, Rives, Vest, and Whitfield.

So the amendment of Mr. Orr was agreed to.

Mr. Logan moved to amend the amendment of Mr. Fuller by adding at the end thereof the following, viz:

Provided, That judges of superior jurisdiction shall have the power to investigate the causes of detention, with the officers appointed by the President.

Mr. Russell moved to lay the amendment to the amendment on the table.

Mr. Logan demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 54
• Nays ... 30

Yeas: Akin, Anderson, Atkins, Barksdale, Batson, Baylor, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Hanly, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, McMullin, Menees, Miller, Montague, Moore, Norton, Perkins, Pugh, Rives, Russell, Sexton, Simpson, Snead, Swan, Triplett, Villeré, Welsh, Whitfield, Wilkes, and Mr. Speaker.

Nays: Ayer, Baldwin, Bell, Boyce, Branch, Cruikshank, Darden, Farrow, Foote, Fuller, Gaither, Garland, Gilmer, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, Murray, Orr, Ramsay, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Wickham, and Witherspoon.

So the amendment to the amendment was laid upon the table.

Mr. Wickham offered the following amendment, to come in at the end of Mr. Orr's amendment:
But no such officer shall be appointed who is not a citizen of the State in which his duties are to be performed.

Mr. Atkins moved to lay the amendment on the table.

The motion was lost.

The amendment of Mr. Wickham was agreed to.

The question recurring on the amendment of Mr. Fuller to the second section,

Mr. Turner demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 30
• Nays ... 54

Yeas: Atkins, Ayer, Baldwin, Bell, Branch, Colyar, Cruikshank, Darden, Farrow, Foote, Fuller, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, Orr, Ramsay,

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Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, and Witherspoon.

Nays: Akin, Anderson, Barksdale, Batson, Baylor, Bradley, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chilton, Chrisman, Clark, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Gaither, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, McMullin, Menees, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Swan, Triplett, Vest, Villeré, Welsh, Whitfield, Wickham, Wilkes, and Mr. Speaker.

So the amendment was lost.

Mr. Marshall submitted the following amendment to the second section:

Strike out the words "in order that they may be discharged" and insert in lieu thereof the words "and to discharge them."

Mr. Russell moved to lay the amendment on the table.

The motion was lost, and the amendment was agreed to.

Mr. Hilton moved to amend the bill by striking out the second section.

The amendment was not agreed to.

Mr. Marshall submitted the following amendment to the third section:

After the words "the authority aforesaid" insert the words "except for attempts to avoid military service as specified in the fifth section of this act;"
which was agreed to.

Mr. Baldwin moved to amend the third section by inserting after the word "detained" the word "showing."

The amendment of Mr. Baldwin was agreed to.

Mr. Wickham submitted the following amendment:

Add to the end of section 3 the following proviso: "Provided, however, That where a writ has been sued out in any court in any of the Confederate States before the passage of this act the proceedings under such writ shall not be suspended by the passage of this act;"
which was agreed to.

Mr. Fuller submitted the following amendment:

Add the following at the end of the third section as amended: "That any person who, in ordering or making any arrest, or in detaining any person under this act, shall violate any of the provisions thereof shall be guilty of a misdemeanor, and upon conviction shall be fineddollars and imprisonedyears;"
which was not agreed to.

Mr. Turner offered the following amendment:

Add the following as an independent section at the end of the bill:

"Be it further enacted, That nothing contained in this act shall be so construed as to alter the law of arrest and commitment: and that no person shall be arrested and detained by virtue of this act unless charged on oath or affirmation with some one of the offenses mentioned in said act;"
which was not agreed to.

Mr. Orr moved to amend the bill by striking out, in the fourth section, the words "for ninety days" and inserting in lieu thereof the word "until."

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Mr. Akin moved to amend the amendment of Mr. Orr by striking out the same and inserting in lieu thereof "until the end."

Mr. Marshall demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 47
• Nays ... 35

Yeas: Akin, Barksdale, Batson, Bradley, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chilton, Clark, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Farrow, Funsten, Gaither, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Swan, Vest, Villeré, Whitfield, Wilkes, and Witherspoon.

Nays: Anderson, Atkins, Ayer, Baldwin, Baylor, Bell, Boyce, Branch, Colyar, Cruikshank, Darden, Foote, Foster, Fuller, Garland, Gilmer, Hanly, Herbert, Lamkin, J. M. Leach, Lester, Logan, Marshall, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Snead, Triplett, Turner, Welsh, and Wickham.

So the amendment to the amendment was agreed to.

The question recurring on the amendment of Mr. Orr, as amended,

It was decided in the negative.

Mr. Anderson moved to suspend the rule, to enable Mr. McMullin to present certain testimony; which motion was lost.

On motion of Mr. Read,

The House resolved itself into open session.

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