He then announced his intention of keeping his mouth | are now, or hereafter during the rebellion shall closed until after the Democratic Convention at Chicago, be, imprisoned in any fort, camp, arsenal, miliwhen he would make his purpose known. tary prison, or other place of confinement, by any military authority, or by the sentence of any court-martial or military commis ion.

CINCINNATI, June 17. A despatch from Dayton to the Commercial says: "There is bat little doubt that Vallandigham's arrival was unexpected to his friends. His house was open yesterday and a large number of his friends called on him."

Vallandigham's Return.

A Washington dispatch to the New York Herald says:
"A key to the policy of the President to be pursued to-
ward Vallandigham has been recently given in a meeting
between the Kentucky delegation in Congress and Mr. Lin-
coin relative to the case of Colonel Wolford. This officer, it
will be remembered, was arrested by General Burbridge
and sent to Washington, where he has since remained, re-
porting daily to the War Department. In answer to the
request that the order of General Burbridge be rescinded,
the President replied that he should not depart from the
policy before pursued concerning Vallandigham. Mr. Mal-
lory remarked that the Vallandigham order was inoperative,
that individual having returned to Ohio. Mr. Lincoln re-
plied, in substance, that he had no official knowledge of
Tal andigham's return, and that when Mr. Vallandigham
made his presence known by objectionable acts, the Execu-
tive would be prepared to act. The application in favor of
Colonel Wolford was not granted.”

SUSPENSION OF THE WRIT OF HA-
BEAS CORPUS.

1861.

April 27-The PRESIDENT issued to Lieut. General Scott this order:

You are engaged in suppressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line which is now or which shall be used between the city of Philadelphia and the city of Washington, you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety, you personally, or through the officer in command, at the point at which resistance occurs, are authorized to suspend

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this twentyfourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the independence of the United States the eighty-seventh. ABRAHAM LINCOLN.

By the President:

WM. H. SEWARD, Secretary of State.

1863.

GENERAL SUSPENSION OF THE WRIT. Whereas the Constitution of the United States has ordained that the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it; and whereas, a rebellion was existing on the 3d day of March, 1863, which rebellion is still existing: and whereas by a statute which was approved on that day it was enacted by the Senate and House of Representatives of the United States in Congress assembled, that during the present insurrection the President of the United States, whenever in his judgment the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof; and whereas in the judgment of the President the public safety does require that the privilege of the said July 2-This order was extended to the mili-writ shall now be suspended throughout the tary line between New York and Washington. May 10-The PRESIDENT issued a proclama-ity of the President of the United States, milition authorizing the commander of the forces of the United States on the Florida coast, "if he shall find it necessary, to suspend there the writ of habeas corpus, and to remove from the vicinity of the United States fortresses all dangerous or suspected persons."

that writ.

By the President:

ABRAHAM LINCOLN.

WM. H. SEWARD, Secretary of State.

1862.

WASHINGTON, September 24. Whereas, it has become necessary to call into service, not only volunteers, but also portions of the militia of the State by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection: Now, therefore, be it ordered:

First. That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting military drafts, or guilty of any disloyal practice affording aid and comfort to the rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission.

Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who

United States in the cases where, by the author

tary, naval, and civil officers of the United States, or any of them, hold persons under their command or in their custody either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to the military law or the Rules and Articles of War, or the rules or regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offence against the military or naval service:

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do hereby proclaim and make known to all whom it may concern, that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion, or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States, and all officers and others in the military and naval services of the United States, to take distinct notice of this suspension, and to give it full effect, and all

Kentucky have joined the forces of the insur

citizens of the United States to conduct and govern themselves accordingly and in conform-gents, and such insurgents have on several ocity with the Constitution of the United States and the laws of Congress in such case made and provided.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed, this 15th day of September, 1863, and the independence of the United States of America the eighty-eighth.

By the President:

ABRAHAM LINCOLN.

WM. H. SEWARD, Secretary of State.

1864.

SUSPENSION OF THE WRIT IN KENTUCKY.

casions entered the said State of Kentucky in large force, and, not without aid and comfort furnished by disaffected and disloyal ci izens of the United States residing therein, have not only greatly disturbed the public peace, but have overborne the civil authorities and made flagrant civil war, destroying property and life in various parts of that State;

And whereas it has been made known to the President of the United States by the officers commanding the national armies that combina. tions have been formed in the said S ate of Kentucky with a purpose of inciting rebel forces to renew the said operations of civil war within the said State, and thereby to embarass the United States armies now operating in the said States of Virginia and Georgia, and even to endanger their safety:

Whereas, by a proclamation which was issued on the 15th day of April, 1861, the President of the United States announced and declared that the laws of the United States had been for some time past, and then were, op- Now, therefore, I, ABRAHAM LINCOLN, Presiposed and the execution thereof obstructed, in dent of the United States. by virtue of the aucertain States therein mentioned, by combina-thority vested in me by the Constitution and tions too powerful to be suppressed by the or- laws, do hereby declare that, in my judgment, dinary course of judicial proceedings, or by the public safety especially requires that the the powers vested in the marshals by law; and suspension of the privilege of the writ of habeas whereas, immediately after the issuing of the corpus, so proclaimed in the said proclamation said proclamation, the land and naval forces of of the 15th of September, 1863, be made effecthe United States were put into activity to sup- tual and be duly enforced in and throughout press the said insurrection and rebellion: and the said State of Kentucky, and that martial whereas the Congress of the United States, by law be for the present established therein. I an act approved on the 3d day of March, 1863, do, therefore, hereby require of the military did enact that during the said rebellion the officers in the said State that the privileges of President of the United States, whenever in the writ of habeas corpus be effectually sushis judgment the public safety may require it, pended within the said State, according to the is authorized to suspend the privilege of the aforesaid proclamation, and that martial law writ of habeas corpus in any case throughout be established therein, to take effect from the the United States, or in any part thereof; and date of this proclamation, the said suspension whereas the said insurrection and rebellion and establishment of martial law to continue still continue, endangering the existence of the until this proclamation shall be revoked or Constitution and Government of the United modified, but not beyond the period when the States; and whereas the military forces of the said rebellion shall have been suppressed or United States are now actively engaged in sup- come to an end. And I do hereby require and pressing the said insurrection and rebellion in command, as well all military officers as all civil various parts of the States where the said re-officers and authorities existing or found within bellion has been successful in obstructing the laws and public authorities, especially in the States of Virginia and Georgia;

And whereas, on the fifteenth day of September last, the President of the United States duly issued his proclamation, wherein he declared that the privilege of the writ of habeas corpus should be suspended throughout the United States in cases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their com. mand or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in or belonging to the land or naval forces of the United States or as deserters therefrom, or otherwise amenable to military law or the rules and articles of war, or the rules or regulations prescribed for the military or naval service by authority of the President of the United States, or for resisting a draft, or for any other offence against the military or naval service;

And whereas many citizens of the State of

the said State of Kentucky, to take notice of this proclamation and to give full effect to the

same.

The martial law herein proclaimed, and the things in that respect herein ordered, will not be deemed or taken to interfere with the holding of lawful elections, or with the proceedings of the constitutional Legislature of Kentucky, or with the administration of justice in the courts of law existing therein between citizens of the United States in suits or proceedings which do not affect the military operations or the constituted authorities of the Government of the United States.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this 5th day of July, in the year of our Lord, 1864, and of the independence of the United States the eighty-ninth. ABRAHAM LINCOLN.

President, were clothed with like power. This court in Baltimore, and selected and summoned by a mar is the letter of appointment:

WAR DEPARTMENT,

WASHINGTON CITY, D. C., May 10, 1802.
STE: You are hereby appointed military governor of the
State of North Carolina, with authority to exercise and
perform within the limits of that State all and singular the
powers, duties, and functions pertaining to the office of mili-
tary governor, (including the power to establish all neces-
sary offices and tribunals, and suspend the writ of habeas
corpus,) during the pleasure of the President, or until the
loyal inhabitants of that State shall organize a civil gov-
ernment in conformity with the Constitution of the United
States.
EDWIN M. STANTON,
Seerary of War.
NOTE-Major General MCCLELLAN authorized General
BANKS to suspend the writ of habeas corpus, if necessary in
carrying out the instructions of the former for the arrest of
certain members of the Maryland Legislature in October,
1801. (See Military Orders respecting Elections.")

ACTION OF CONGRESS.
First Session, Thirty-Seventh Congress.
IN SENATE.

shel appointed by the present Executive of the United States, having jurisdiction in the premises, and having fally investigated all cases of alleged violation of law, has finally adjourned its session without finding any presentment or indictment or other proceeding against them, or either of them, and the President of the United States, being requested by a resolution of the House of Representatives to communicate the grounds, reasons and evidence for their arrest and imprisonment, has declined so to do, because he is advised that it is incompatible with the public interests: and whereas, since these proceedings, the said citizens, with others, have been, by force and against their wills, transferred by the authority of the Government of the United States beyond the State of Maryland and the jurisdiction of that court which it is their constitutional right to claim, and are to be subjected to an indefinite, a hopeless, and cruel imprisonment in some fort or military place, unfit for the confinement of the citizen, at a remote distance from their families and friends, and this without any accusation, inves tigation, or trial whatever: 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 wilful disobedience to the writ, and the privilege of the same now continues suspended, thereby subordinating the civil to the military power, thus violating and overthrowing the

1861, July 29-Mr. TRUMBULL, from the Com-Constitution of the United States, and setting up in its stead mittee on the Judiciary, reported back the memorial of Charles Howard and others, Police Commissioners of Baltimore, arrested and confined as prisoners in Fort McHenry, and asked to be discharged from the subject, the Committee being of opinion that no legislation by Congress is practicable with reference to the matter set forth in the memorial.*

Mr. BAYARD proposed to amend the report by substituting:

Respired, That the members of the police board of the city of Baltimore ought to be either surrendered to the civil authorities on some charge sufficient in law for their arrest and detention, or be discharged from confinement at Fort McHenry, and suffered to resume their official functions. Resolved, That the control of the municipal police of Baltimore ought to be restored to those civil officers to whom, by the laws of Maryland, it is intrusted.

Pered, That George P. Kane, marshal of police in the city of Baltimore, ought either to be delivered up to the civil authorities on some charge sufficient in law to hold him in custody, or be discharged from confinement in Fort McHenry.

The subject was postponed.

Aug. 6-Mr. POWELL proposed in the Senate a resolution similar to Mr. May's in the House, but the motion to take it up was lost-yeas 7, Days 33. The seven were Messrs. Breckinridge, Bright, Johnson of Missouri, Latham, Polk, Powell, Saulsbury.

IN HOUSE.

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, Resolved, That the arrest and imprisonment of Charles Howard, William II. Gatchell, and John W. Davis, and others, without warrant and process of law, is flagrantly lay, be released, or their case remitted to the proper judicial unconstitutional and illegal; and they should, without detribunals, to be lawfully heard and determined.

Ruled out of order under the rule regulating the business of the session.

Second Session. Thirty-Seventh Congress.
IN SENATE.

1861, Dec. 16-Mr. TRUMBULL offered the following resolution:

Resolved, That the Secretary of State be directed to inform the Senate whether, in the loyal States of the Union, any person or persons have been arrested and imprisoned, and are now held in confinement by orders from him or his Department; and if so, under what law said arrests have been made, and said persons imprisoned.

Which was referred to the Judiciary Committee-yeas 25, nays 17, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Harris, Howe, Johnson of Tennessee, King, Lane of Indiana, Morrill, Pomeroy, Rice, Sherman, Simmons, Sumner, Ten Eyck, Wale, Wilson-25.

NAYS-Messrs. Bayard, Bright, Carlile, Grimes, Hale, Harlan, Kennedy, Latham, McDougall, Nesmith, Pearce, Powell, Saulsbury, Thomson, Trumbull, Wilkinson, Willey-17.

1861, December 23-Mr. KING offered this 1861, July 31—Mr. MAY offered this resolu- resolution, which was referred to the Commit

tion:

tee on the Judiciary:

order since the breaking out of the present insurrection. sons who have been arrested by executive authority or and who are now detained in custody, so that a judicial examination may be had in each case to ascertain who, if to the United States, and be discharged, and who shall be any of them, may be allowed to take the oath of allegiance detained for a further examination or be prosecuted for treason or other crime; and to communicate the names of all persons that have been so arrested, and the date of arrest, to the Senate.

Whereas the Constitution of the United States declares Resolved, That the President be requested to cause prothat no warrant shall issue but upon probable cause, sup-ceedings to be instituted in the courts of law against perported 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 offence 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 from 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, superceded and suspended the official functions of the said Charles Howard and others, members of the bard of police of Baltimore: and whereas, since their said arrest, a grand jury attending the United States district

*For further facts, see "The Conspiracy of Disunion."

CASE OF GENERAL CHARLES P. STONE.

1862, April 11-Mr. MCDOUGALL offered this resolution:

Resolved, That the Secretary of War be requested to inform the Senate at once on the following points, namely: 1. Whether or not Brigadier General Charles P. Stone has been arrested by any person in authority in the War Department or in the Army of the United States; and if he has been so arrested, from whom the order for General Stone's

To the SENATE OF THE UNITED STATES: In answer to the resolution of the Senate in relation to Brigadier General Stone, I have the honor to state that he was arrested and imprisoned under my general authority, and upon evidence which, whether he be guilty or inno-cester, Wright-108. cent, required, as appears to me, such proceedings to be had against him for the public safety. I deem it incompatible with the public interest, as also, perhaps, unjust to General Stone, to make a more particular statement of the evidence. He has not been tried because, in the state of mil tary operations at the time of his arrest and since, the officers to constitute a court-martial and for witnesses could not be withdrawn from duty without serious injury to the service. I will be allowed a trial without any unnecessary delay; the charges and specifications will be furnished him in due season, and every facility for his defence will be afforded him by the War Department.

ABRAHAM LINCOLN. 1862, May 14-Mr. POWELL offered the following:

Resolved, That the Secretary of State be directed to inform the Senate, how many citizens of Kentucky have been arrested and confined outside the limits of the State by his order since 1st September last, and state the names of such citizens, places where imprisoned, and how long confined, and also the number and names of persons released and where imprisoned.

Mr. SUMNER offered the following as a sub

rected to inform the Senate whether Dr. John Law and Whiteley Meredith, or either of them, citizens of the State of Delaware, have been arrested and imprisoned in Fort Delaware; when they were arrested and so imprisoned; the charges against them; by whom made; by what orders they were arrested and imprisoned; and that he communicate to the Senate all papers relating to their arrest and imprison

lay the whole subject on the table; which was agreed to-yeas 22, nays 16, as follows:

YEAS-Messrs. Anthony, Arnold, Chandler, Clark, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Hicks, Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Wade, Wilkinson, Wilson of Massachusetts-22. NAYS-Messrs. Bayard, Carlile, Davis, Harding, Hender son, Kennedy, Latham, McDougall, Powell, Rice, Richardson, Which was laid upon the table-yeas 29, Saulsbury, Turpie, Wall, Willey, Wilson of Missouri-16. nays 13, as follows:

ment.

YEAS-Messrs. Anthony, Arnold, Browning, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Field, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Kansas, Morrill, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, Wright

-29.

NAT-Messrs. Bayard, Carlile, Cowan, Davis, Harding, Henderson, Kennedy, Nesmith, Powell, Rice, Saulsbury, Willey, Wilson of Missouri-13.

December 3-Mr. POWELL offered the following joint resolution:

Whereas, many citizens of the United States have been seized by persons acting, or pretending to be acting, under the authority of the United States, and have been carried out of the jurisdiction of the States of their residence and imprisoned in the military prisons and camps of the United States without any public charge being preferred against them, and without any opportunity being allowed to learn or disprove the charges made or alleged to be made against them; and whereas, it is the sacred right of every citizen that he shall not be deprived of liberty without due process of law, and when arrested shall have a speedy and public trial by an impartial jury: Therefore

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all such arrests are unwarranted by the Constitution and laws of the United States, and a usurpation of power never given by the people to the President or any other official. All such arrests are hereby condemned and declared palpable violations of the Constitution of the United States; and is hereby demanded that all such arrests shall hereafter ceae, and that all persons so arrested and yet held should have a prompt and speedy public trial according to the provisions of the Constitution, or should be immediately released.

Laid on the table and printed.

IN HOUSE.

1862, Dec. 1-Mr. Cox offered the following preamble and resolution:

Whereas, many citizens of the United States have been the authority of the United States, and have been carried seized by persons acting, or pretending to be acting, under out of the jurisdiction of the States of their residence, and imprisoned in the military prisons and camps of the United States, without any public charge being preferred against them, and without any opportunity being allowed to learn or disprove the charges made, or alleged to be made, against them: and whereas, such arrests have been made in States where there was no insurrection or rebellion, or pretence thereof, or any other obstruction against the authority of the Government: and whereas, it is the sacred right of every citizen of the United States, that he shall not be deprived of liberty without due process of law, and when arrested, that he shall have a speedy and public trial by an impartial jury of his countrymen: Therefore,

Resolved, That the House of Representatives do hereby condemn all such arrests as unwarranted by the Constitution and laws of the United States, and as a usurpation of power never given up by the people to their rulers, and do hereby demand that all such arrests shall hereafter cease, and that all persons so arrested and yet held should have a prompt and public trial, according to the provisions of the Constitution.

40.

Which was laid on the table-yeas 80, nays
The NAYS were:

Messrs. Ancona, Baily, Biddle, Jacob B. Blair, Calvert, Corning, Cox, Crittenden, English, Fuke, Granger, Grider, Haight, Hall, Harding, Holman, Knapp, Law, Lazear, Menzies, Morris, Noble, Norton, Nugen, Odell, Price, Richardson, Sheffield, Shiel, John B. Steele, William G. Steele, Stiles, Benjamin F. Thomas, Francis Thomas, Val

1863, February 26-M POWELL offered the landigham, Ward, Chilton A. White, Wickliffe, Wright, following resolution:

Yeaman-40.

December 1-Mr. RICHARDSON offered the following resolution:

Resolved, That a committee of three be appointed to in vestigate the conduct of Colonel Gilbert, who, in command of a regiment of United States soldiers, dispersed a Demo- Resolved, That the President of the United States be recratic Convention of peaceable citizens of the State of Ken-quested to inform this House what citizens of Illinois are tucky, assembled at the capital of that State, on the 18th of now confined in the Forts Warren, Lafayette, and Delaware, February, 1863, for the purpose of nominating candidates or the Old Capitol prison, and any other forts or places of for Governor and Lieutenant Governor and oth r State offi- confinement; what the charges are against said persons; cers. That said committee investigate all the facts con- also the places where they were arrested. That the Presinected with the aforesaid action of Colonel Gilbert and the dent be further requested to inform this House of the names officers and soldiers under his command; and the said com- of the persons that have been arrested in Illinois and taken mittee are hereby authorized to send for persons and papers, to and confined in prisons outside of the limits of said State, to examine witnesses, and that they be authorized to ad- and who have been releas what were the charges against miniser oat is to witnesses; and that said committee be each of them, by whom the charges were made, also by authorized to hold sessions in the State of Kentucky or whose order said arrests were made, and the authority of elsewhere, and to employ a reporter to take down testi- law for such arrests. mony; and that they report, &c.

Which was laid upon the table-yeas 74,

March 3-The Senate refused to take up the nays 40. The NAYS wereresolution-yeas 10, nays 25, as follows:

YEAS-Messrs. Carlile, Cowan, Davis, Lane of Kansas, Latham. Nesmith, Powell, Saulsbury, Wall, Wilson of Mis

souri-10.

NATS-Messrs. Anthony, Arnold, Clark, Collamer, Dixon, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Harris, Henderson, Hicks, Howe, Morrill, Pomeroy, Rice, Sumner, Ten Eyck, Wade, Wilkinson, Willey, Wilmot, Wilson of Massachusetts-25.

THE CASE OF MADISON Y. JOHNSON.

Feb. 2-Mr. RICHARDSON offered this resolution:

Messrs. Ancona, Baily, Biddle, Calvert, Roscoe Conkling, Conway, Corning, Cox, Crittenden, Dunn, English, Fouke, Granger, Grider, Hall, Harding, Holman, William Kellogg, Knapp, Law, Lazear, Leary, Menzies, Morris, Noble, Norton, Nugen, Odell, Porter, Price, Richardson, Shiel, John B. Steele, William G. Steele, Stiles, Benjamin F. Thomas, Vallandigham, Ward, Chillon A. White, Wright-10.

Dec. 22-Mr. MAY offered the following resolution :

Resolved, That the Secretary of Stato be requested to about the 28th of November, 1861, he caused to be read to communicate to this House a copy of an order which, on or State prisoners confined in Fort Warren, whereby they were forbidden to employ counsel in their behalf, and informed that such employment of counsel would be regarded by the Government and by the State Department as a reason for

Resolved, That a committee of three be appointed to in-
Testigate the facts in reference to the arrest and imprison-
Tent of Madison Y. Johnson, and that said committee have
the power to send for persons and papers, to examine wit-prolonging the terin of their imprisonment.
Desses under oath, and administer oaths to said witnesses.
The memorial of Madison Y. Johnson was
read when Mr. Howe, of Wisconsin, moved to

Which was laid upon the table-yeas 63, nays 48. The NAYS were

Messrs. William Allen, William J. Allen, Ancona, Biddle,