Richardson, William A., & Representative from .32 remarks on the Nebraska election. remarks on the charges against Mr. May, 197 resolutions by..... ........ 131 Sheffield, William P., a Representative from Rhode Island.... troduction of a code of marine, adapted to Slaves, resolution of Mr. Lovejoy that it is not ..........71 State Department, communications from the, 128, remarks on the bill for the construction of tiring, from the United States Army.......61 ilies and friends of our soldiers who have bill (S. No. 51) in addition to an act further to B 171, 172, 173, 176, 202, 204, 205, 415, 416 Mr. Wickliffe........ Mr. Wright......... ..176, 203 269, 272, 274, 280, 281, 299, 305, 323, 326 Trimble, Carey A., a Representative from Ohio, 457 Trowbridge, Rowland E., a Representative from Upton, Charles H., a Representative from Vir- V. Vallandigham, Clement L., a Representative from .13 Vallandigham, Clement L., a Representative from Ohio-Continued. speech on the state of the Union................56 171, 172, 173, 176, 202, 204, 205, 415, 416 resolutions by.... Van Wyck, Charles H., a Representative from tracts... Volunteer forces, bill to increase the efficiency of ..154 ....150 Mr. Olin .............152, 154, 427, 428, 429 of arms for the, and regular troops of the Wadsworth, William H., a Representative from Washburne, Ellihu B., a Representative from remarks on the bill to remit fines and penal- ..195 Ways and Means, the Committee of....... 22 .430 Webster, Edwin H., a Representative from Ma- 209, 215, 224, 268, 274, 280, 298, 332, remarks on employment of volunteers, 98, 101 .212 Yeas and nays on- .24, 25 cadets at West Point, on the bill increasing the .348 Clark, John B., expulsion of..............116, 117 Clerk, election of..... 10 collection of the revenue, bill further to provide Doorkeeper, election of...... .223 resolutions by..... expulsion of a member..... ..116, 117 loan bill........ .61, 268 loan bill, supplemental....... .268, 383 ..132, 197 .......131 ......16 Oregon contested election.... ...357 Mr. McClernand.........94, 95, 96, 97, 100 Mr. Vallandigham......97, 98, 99, 100, 102 Mr. Wickliffe..... 23, 31, 148, 211, 457 resolutions by... May, Henry, on the resolution of inquiry with McClernand's resolution for the speedy sup pression of the rebellion........ tariff bill..... Mr. Lovejoy..... Mr. McKnight........ Mr. Moorhead ..........................94, 99, 100 Mr. Robinson ..98 Mr. Shellabarger ..99 Mr. Sherman .101 Mr. Van Valkenburgh.. Mr. Van Wyck......... Mr. Washburne...... Mr. White, of Indiana...... .147 Mr. Wright .98, 101 THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY JOHN C. RIVES, WASHINGTON, D. C. THIRTY-SEVENTH CONGRESS, 1ST SESSION. Tuis is the first number of the CONGRESSIONAL GLOBE for this session-the first of the Thirty-Seventh Congress. It is stereotyped, and therefore the back numbers can be supplied at any time. Missing numbers will be sent to subscribers at three cents a number, containing sixteen pages. The price for the CONGRESSIONAL GLOBE AND APPENDIX for this session is $3. These works go free by mail to any post office in the United States, by act of Congress. THIRTY-SEVENTH CONGRESS. FIRST SESSION. IN SENATE. THURSDAY, July 4, 1861. As the President of the United States deemed that the condition of public affairs presented an extraordinary occasion which required the assembling of Congress at an earlier day than that fixed by the Constitution, by virtue of the power vested in him, he, by his proclamation dated April 15, 1861, summoned both Houses of Congress to meet in their respective Chambers on the 4th day of July, 1861, instant. The VICE PRESIDENT (Hon. HANNIBAL HAMLIN) called the Senate to order at twelve o'clock. The following prayer was offered by Rev. ByRON SUNDERLAND, D. D. Almighty and everlasting God, be not angry with us for our sins, which we only confess and deplore; but pardon our offenses and extend to us Thy favor. We thank Thee for Thy goodness on this anniversary of the nation-a day tenfold more precious by reason of our present troubles, and sacred to the heart for the ever memorable Declaration of our fathers, in which Thou didst begin more openly to give us a name among the nations of the earth. We thank Thee for all Thy manifold and abundant mercies hitherto to make our nation exceedingly great and glorious; but now disasters have befallen us and darkness broods in the land. And now we ask Thy mercy as the Senate is convening at a most momentous crisis of our history. Give to Thy servants all needed help. Add to their deliberations wisdom and unanimity, and profit and speed to their conclusion. Bless Thy servant, the President of the United States, our veteran Commander-in-Chief, and all that have functions in the civil and' military power. May the angel of Thy presence walk in the Cabinet and in the Congress and in the camp, to go before, to purify, and to direct the now greatly and universally-awakened love of country. And we beseech Thee to guide us, to overrule and order all things, and so to cause that nothing shall fail, that the disorders of the land may be speedily healed, that peace and concord may prevail, that truth and righteousness may be established, and that Thy Church and Kingdom may flourish in a larger peace and prosperity, for Thy Son, our Saviour, Jesus Christ's sake. Amen. The VICE PRESIDENT. The Secretary of the Senate will now read the proclamation of the President convening an extra session of Congress. The Acting Secretary, Mr. WILLIAM HICKEY, read the proclamation, as follows: By the President of the United States. A PROCLAMATION. Whereas the laws of the United States have been for some time past, and now are, opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed. The details for this object will be immediately communicated to the State authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the ex MONDAY, JULY 8, 1861. istence of our national Union, and the perpetuity of popular government, and to redress wrongs already long enough endured I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country. And I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date. Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective Chambers, at twelve o'clock, noon, on Thursday, the 4th day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand. 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 fifteenth day of April, in the year of our Lord one thousand eight [L.S.] hundred and sixty-one, and of the independence of the United States the eighty-fifth. ABRAHAM LINCOLN. By the President: WILLIAM H. SEWARD, Secretary of State. SENATORS PRESENT. The following Senators were present. From the State of Maine-Hon. Lot M. Morrill and Hon. William Pitt Fessenden. Vermont Hon. Solomon Foot and Hon. Jacob Collumer. New Hampshire-Hon. John P. Hale and Hon. Daniel Clark. Massachusetts-Hon. Charles Sumner and Hon. Henry Wilson. Rhode Island-Hon. James F. Simmons and Hon. Henry B. Anthony. Connecticut-Hon. James Dixon and Hon. Lafayette S. Foster. New York-Hon. Preston King and Hon. Ira Harris. New Jersey-Hon. John R. Thomson and Hon. John C. Ten Eyck. Pennsylvania-Hon. David Wilmot and Hon. Edgar Cowan. Delaware-Hon. James A. Bayard and Hon. Willard Saulsbury. Maryland-Hon. Anthony Kennedy and Hon. James A. Pearce. Kentucky-Hon. Lazarus W. Powell and Hon. John C. Breckinridge. Missouri-Hon. Trusten Polk. S. Lane. Ohio-Hon. Benjamin F. Wade and Hon. John Sherman. Michigan-Hon. Zachariah Chandler and Hon. Kinsley S. Bingham. Iowa-Hon. James W. Grimes and Hon. James Harlan. Wisconsin-Hon. James R. Doolittle and Hon. Timothy O. Howe. California-Hon. Milton S. Latham. CREDENTIALS. Mr. GRIMES presented the credentials of Hon. JAMES HENRY LANE, elected a Senator of the United States by the Legislature of the State of Kansas. The credentials were read; and the oath prescribed by law was administered to Mr. LANE, and he took his seat in the Senate. Mr. DOOLITTLE presented the credentials of Hon. SAMUEL C. POMEROY, elected a Senator of the United States by the Legislature of the State of Kansas. The credentials were read; and the oath prescribed by law was administered to Mr. POMEROY, and he took his seat in the Senate. Mr. LATHAM presented the credentials of NEW SERIES.....No. 1. Hon. JAMES A. MCDOUGALL, elected a Senator of the United States by the Legislature of the State of California for the term of six years from the 4th day of March, 1861, which were read; and the oath prescribed by law having been administered to Mr. McDOUGALL, he took his seat in the Senate. Mr. TRUMBULL presented the credentials of Hon. ORVILLE H. BROWNING, appointed a Senator of the United States by the Governor of the State of Illinois, to fill, until the next session of the Legislature of that State, the vacancy occasioned by the death of Hon. Stephen A. Douglas. The credentials were read; and the oath prescribed by law was administered to Mr. BROWNING, and he took his seat in the Senate. SENATORS FROM KANSAS. Mr. GRIMES submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the Senate proceed to ascertain the classes in which the Senators of the State of Kansas shall be inserted, in conformity with the resolution of the 14th of July, 1789, and as the Constitution requires. Mr. GRIMES. I now, sir, offer the following order for adoption: Ordered, That the Secretary put into the ballot-box three papers of equal size, numbered one, two, and three. Each of the Senators of the State of Kansas shall draw out one paper. Number one, if drawn, shall entitle the Senator to be placed in the class of Senators whose terms of service will expire on the 3d day of March, 1863; number two shall entitle the Senator to be placed in the class whose terms will expire on the 3d day of March, 1865; and number three shall entitle the Senator to be placed in the class whose terms will expire on the 3d day of March, 1867. The order was considered by unanimous consent, and agreed to. The papers being put by the Secretary into the ballot-box, Hon. JAMES H. LANE drew the paper numbered two, and is accordingly in the class of Senators whose term of service will expire on the 3d day of March, 1865. Hon. SAMUEL C. POMEROY drew the paper numbered three, and is accordingly in the class of Senators whose term of service will expire on the 3d day of March, 1867. NOTIFICATION OF ORGANIZATION. On motion of Mr. HALE, it was Ordered, That the Secretary inform the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business. DAILY HOUR OF MEETING. On motion of Mr. HALE, it was Ordered, That the daily hour of the meeting of the Senate be twelve o'clock meridian, until otherwise ordered. SERGEANT-AT-ARMS. Mr. HALE submitted the following resolution for consideration: Resolved, That the Senate do now proceed to the election of a Sergeant-at-Arins and Doorkeeper of the Senate. The resolution lies over until to-morrow. CONTRACTS OF THE NAVY DEPARTMENT. Mr. HALE. I submit the following resolution: Resolved, That the Secretary of the Navy be instructed to lay before the Senate a statement of all contracts made by that Department, or by the authority of the Secretary, since the 4th of March last, specifying those that have been made upon advertisement, and those that have been made without, with such full and particular statement in each case as shall enable the Senate to see the comparative cost in each case in reference to former purchases of the same kind; and in the case of the purchase or charter of vessels, a particular description of each vessel and the price paid for purchase, and the price paid per month in case of charter. If there is no objection, as it requires information that the Senate want, I desire that the resolution may be passed now. It is a call for information. The VICE PRESIDENT. The Senator from New Hampshire asks unanimous consent for the consideration of the resolution now. If there be no objection, the question will be submitted to the Senate. The resolution was considered by unanimous consent, and agreed to. A bill for the organization of a volunteer militia force, to be called the National Guard of the United States. RESIGNATION OF A CLERK. The VICE PRESIDENT. The Chair has received a communication; which will be read by the Secretary. The Acting Secretary read, as follows: OFFICE OF THE SECRETARY OF THE SENATE, SIR: I hereby tender this my resignation of the appointment of executive officer in the office of the Secretary of the Senate, conferred upon me by order of the Senate, on the 8th day of December, 1855. I have the honor to be, your obedient servant, JOSEPH H. NICHOLSON. The VICE PRESIDENT of the United States. Mr. TRUMBULL. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned. against the other. In the Church, Christian praying against Christian, pulpit preaching against pulpit, and denominations which have hitherto exulted in their apparent harmony and strength, falling apart even as others, the fragments of friendship assuming the attitude of foes. O Lord our God, Thou who art omniscient, Thou knowest there is a true and a false; that there is a right and a wrong; that there is an honest and earnest patriotism as well as a deceptive and deluded treachery. We do not trust ourselves; we dare not trust ourselves; but we make our humble appeal unto Thee, and beseech Thee to maintain Thine own help us as humble instruments in Thy hand, to cause, by Thine own Almighty power, and to work Thy will and not our own will. We regard our southern brethren as deceived. Alas, for the responsibility of those who have misled them! Chiefly because of their want of greater liberty, because of their peculiar form of society, their want of free speech and a free press and a free pulpit, the dauntless courage of the North, and the true love of the North, has been misrepresented and misunderstood. O Lord God, by the exercise of thine own infinite perfections, do Thou correct this great evil! And now we beseech Thee to bless our President, to bless his Cabinet, to bless the head of the Army, to bless the Army and Navy in whole, to bless both Houses of Congress, to bless all the Departments, and all the operations of the Goverment day and night, without the intermission of a single moment. And, O Lord our God, if there must be war -oh, that there might be peace!-but if there must be war, if Thou dost indeed ordain war and sanction war, may it not be a bloody and ruinous war. May it rather be an armed, mighty, irresistible migration-a migration of true love; a migration of those who truly love liberty and civilization, who love the Union and the Constitution and the laws; a migration of those who shall protect and encourage and uphold the true and loyal men in every State, retaking and repossessing and improving all that belongs to our Government, and so preparing us again to exhibit an example to the world that shall be an advantage to all who uphold it. Our Father, who art in Heaven, hallowed be Thy name; Thy Kingdom come, Thy Kingdom come, Thy Kingdom come; Thy will be done on earth as it is in Heaven; give us this day our daily bread; and forgive us our debts as we forgive our debtors; and lead us not into temptation but de the power, and the glory, forever and ever. Amen. The Clerk, previous to calling the roll of members, read the following proclamation of the President of the United States, convening Congress in extra session: By the President of the United States. A PROCLAMATION. O Lord our God, the Father of our Lord Jesus Christ, the Father of mercies, and the Giver of all comfort! We thank Thee that Thou hast thus gathered us together again, and that it is our priv-liver us from evil; for Thine is the kingdom, and ilege, amid the brightness and beauty of our national festival, and in this our national Capitol, to come to the throne of Thy grace, seeking Thy blessing, the protection of Thy providence, the guidance of Thy spirit_in_behalf of this our national Congress, and all the interests which are committed to its care. Never had we so great cause for gratitude as at this very hour: all the elements of nature and all the influence of redemption combining, under the superintendency of Thy most merciful government, to render our condition as happy as it is possible for humanity to be in its present form and sphere of sin. Blessed be Thy name forever and ever, for Thine inestimable and unchangeable goodness! And yet never had we so much reason to take shame unto ourselves. Never have we known such a day of independence as this; never have we felt so profoundly our constant and entire dependence upon Thee. O God, our Friend and our Father! Alas for us we have sinned-how offensively and how injuriously Thou only knowest, unto whom all things are known; and so we are justly punished for our sins. Our country, our glorious and beloved country-how glorious and how beloved Thou only knowest; our own pride and boast; honored throughout the world; the joy and the praise of the whole earth-is at last divided against itself, and, with none else to do it harm, seems determined to destroy itself. With no natural line to separate its sections, the North and the South stand face to face and foot to foot in hostile array against each other, eye flashing on eye, hand threatening hand, and heart swelling against heart, as though there were all reasons, while in reality there is no good reason, for malignant passion and deadly strife. Thou seest it, O Lord our God, Thou seest it all. In the State, President opposed to President, Cabinet to Cabinet, Congress to Congress, army to army, and one mass of citizens Whereas the laws of the United States have been for some time past and now are opposed, and the execution theroof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed. The details for this object will be immediately communicated to the State authorities through the War Depart I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to ayoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country. And I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date. Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective Chambers, at twelve o'clock, noon, on Thursday, the 4th day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand. 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 fifteenth day of April, in the year of our Lord one thousand eight [L. S.] hundred and sixty-one, and of the independence of the United States the eighty-fifth. ABRAHAM LINCOLN. By the President: WILLIAM H. SEWARD, Secretary of State. The roll being then called, the following members answered to their names. From the State of Maine-Messrs. John M. Goodwin, Charles W. Walton, Samuel C. Fessenden, Anson P. Morrill, John H. Rice, and Frederick A. Pike. New Hampshire-Messrs. Gilman Marston, Edward H. Rollins, and Thomas M. Edwards. Vermont-Messrs. E. P. Walton, jr., Justin S. Morrill, and Portus Baxter. Massachusetts-Messrs. Thomas D. Eliot, James Buffinton, Benjamin F. Thomas, Alexander H. Rice, William Appleton, John B. Alley, Dániel W. Gooch, Charles R. Train, Goldsmith F. Bailey, Charles Delano, and Henry L. Dawes. Rhode Island-Messrs. William P. Sheffield and George H. Browne. Connecticut-Messrs. Dwight Loomis, James E. English, and George C. Woodruff. New York-Messrs. E. Henry Smith, Moses F. Odell, Benjamin Wood, William Wall, Frederick A. Conkling, Elijah Ward, Edward Haight, Charles H. Van Wyck, John B. Steele, Stephen Baker, Abraham B. Olin, James B. McKean, William A. Wheeler, Socrates N. Sherman, Chauncey Vibbard, Richard Franchet, Roscoe Conkling, R. Holland Duell, William E. Lansing, Ambrose W. Clark, Charles B. Sedgwick, Theodore M. Pomeroy, John P. Chamberlain, Alexander S. Diven, Robert B. Van Valkenburgh, Alfred Ely, Augustus Frank, Burt Van Horne, Elbridge G. Spaulding, and Reuben E. Fenton. New Jersey-Messrs. John T. Nixon, John L. N. Stratton, William G. Steele, George T. Cobb, and Nehemiah Perry. Pennsylvania-Messrs. William E. Lehman, John P. Verree, William D. Kelley, W. Morris Davis, John Hickman, Thomas B. Cooper, Sydenham E. Ancona, Thaddeus Stevens, John W. Killinger, James H. Campbell, Hendrick B. Wright, Philip Johnson, Galusha A. Grow, James T. Hale, Joseph Bailey, Edward McPherson, Samuel S. Blair, John Covode, Jesse Lazear, James K. Moorhead, Robert McKnight, John W. Wallace, John Patton, and Elijah Babbitt. Delaware-Mr. George P. Fisher. Maryland-Messrs. John W. Crisfield, Edwin H. Webster, C. L. L. Leary, Francis Thomas, and Charles B. Calvert. Virginia-Messrs. R.,V. Whaley and John S. Carlile. Ohio-Messrs. George H. Pendleton, John A. Gurley,Clement L.Vallandigham, William Allen, James M. Ashley, Chilton A. White, Richard A. Harrison, Samuel Shellaberger, Warren P. Noble, Carey A. Trimble, Valentine B. Horton, Samuel S. Cox, Samuel T. Worcester, Harrison G. Blake, William P. Cutler, James R. Morris, Sidney Edgerton, Albert G. Riddle, John Hutchins, and John A. Bingham. Kentucky-Messrs. Henry C. Burnett, James S. Jackson, Henry Grider, Aaron Harding, Charles A. Wickliffe, George W. Dunlap, Robert Mallory, and John W. Menzies. Indiana-Messrs. John Law, James A. Cravens, William S. Holman, George W. Julien, Albert G. Porter, Daniel W. Voorhees, Albert S. White, Schuyler Colfax, William Mitchell, and John P. C. Shanks. - Illinois-Messrs. Ellihu B. Washburne, Isaac N. Arnold, Owen Lovejoy, William Kellogg, William A. Richardson, John A. McClernand, James C. Robinson, Philip B. Fouke, and John A. Logan. Missouri-Messrs. Francis P. Blair, jr., James Rollins, Elijah H. Norton, John W. Reid, and John W. Noell. Michigan-Messrs. Bradley F. Granger, Fernando C. Beaman, Francis W. Kellogg, and Rowland E. Trowbridge. Iowa-Messrs. Samuel R. Curtis and William Vandever. Wisconsin-Messrs. John F. Potter, Luther Hanchett, and A. Scott Sloan. Minnesota-Messrs. Cyrus Aldrich and William Windom. Kansas-Mr. Martin F. Conway. Nebraska Territory—Mr. Samuel G. Daily. During the call of the roll, and when the name of WILLIAM E. LEHMAN was reached, Mr. STEVENS said: I desire merely to say now, in order not to be estopped when I come to make the motion, that a mistake has been made by the Clerk-I cast no censure upon the Clerk, and do not wish to be so understood-in inserting the name of Mr. Lehman, who has not the prima facie returns from his district, nor from the State. I wish to be able to show, at the proper time, that the prima facie return, as well as the true one, is in favor of J. M. Butler. I give notice, therefore, that until the House is organized I shall not object to the calling of the name of Mr. Lehman; but that when he comes to be sworn 1 shall make the objection, to show that he is not entitled to be sworn in as a member of this House. When the name of CHARLES H. UPTON was called, Mr. COX said: In accordance with the precedent set by the gentleman from Pennsylvania, I wish to give notice of a motion I may offer in relation to the member from the seventh district of Virginia. I wish to say to the House that information has been sent to me, without my taking any part in it, that the gentleman recorded in the list of the Clerk as representing that district is a citizen of Ohio, and exercised and claimed the right of citizenship there at the last election. I think, when the House are aware of the facts, they will see the propriety of at least omitting the name of Mr. Upton from the call of the roll until after the House is organized by the election of a Speaker and other officers. The CLERK. Does the gentleman make that motion? Mr. COX. I do not now. I only follow the precedent set by the gentleman from Pennsyl vania. When the name of WILLIAM G. BROWN was called, Mr. BURNETT said: I desire, either now or at the proper time, to make a motion to strike from the roll the names of the five gentlemen from the State of Virginia. If this is the proper time, I desire to submit that motion now; but, as this House is not organized, I doubt whether this is the proper time. I will, therefore, as the gentleman from Pennsylvania did, give notice that when those gentlemen shall present themselves at the bar of the House to be sworn in as members of this House from Virginia, I shall offer a resolution, unless some other member shall do it, that the question of their right to seats upon this floor be referred to the proper committee of the House. When the name of A. T. THAYER was called, Mr. McCLERNAND said: I am requested by Mr. Shiel, who claims to be the Representative from Oregon upon this floor, to present his written protest, not only against the claim of Mr. Thayer, but against his being called at this time as a member of this House. When the protest shall have been read, it will be for the House to decide whether they will now determine the question of title involved, or postpone its determination to some future day, and in the mean time suspend the right of either party to a vote upon this floor. I repeat, this is the question for the House to determine. The CLERK. Does the gentleman make a motion? Mr. McCLERNAND. Not until after the reading of the protest. The CLERK. The Clerk will ask the permission of the House, either after the reading of this paper or before, to state in general terms the reasons which prompted him to put this particular name upon the roll, as well as the other names. Mr. McCLERNAND. I call upon the Clerk to present to the House, in this cates of the two contestants. The Clerk read the protest of George K. Shiel, as follows: case, the certifi To the honorable House of Representatives of the ThirtySeventh Congress of the United States. The undersigned would respectfully represent: That, in pursuanee of the provisions of section fourteen of article two, and section six of article eighteen, of the constitution of the State of Oregon, a general election within and for said State was held on the first Monday of June, 1860, at which election the undersigned received a majority of all the legal votes then cast for Representative in the Thirty-Seventh Congress of the United States, as will be seen by reference to his certificate of election. That, by virtue of section sixteen of article two of the said constitution, the undersigned is the duly elected member from said State for the said Congress. That, since the said first Monday of June, 1860, no election has been held in and for said State, either under its constitution or by virtue of any legislative authority therein, save the election of President of the United States, held November 6, 1860. That said general election was held and conducted in conformity to the law then in force, and which law still obtains in said State, on the subject of general elections, by virtue of section seven of article eighteen of said constitution. That the undersigned is informed that A. J. Thayer intends contesting his seat as a member of said Congress from said State, and resting his claims thereto upon a certain number of votes cast for him as candidate for said Congress at the presidential election held November 6, 1860-said votes amounting to a little over one fourth of the votes then and there cast for the presidential candidates. Wherefore, the undersigned respectfully requests that he be declared the member duly elected from the State of Oregon for the House of Representatives of the ThirtySeventh Congress of the United States; and that he, the said undersigned, protests against the admission of the said Thayer, for the reason that his said pretended election is contrary to law, and his claims thereto in direct opposition to the significant action of three fourths of the legal voters of the State of Oregon. GEORGE K. SHIEL. Mr. McCLERNAND. I now call for the read ing of the certificates of election. Mr. STEVENS. I beg leave to suggest to the gentleman from Illinois whether it would not be better, under some arrangement, to postpone this whole question until after we have elected a Speaker? And I would suggest, also, that the names of those gentlemen whose seats have been mentioned as contested be informally passed over, and that they shall decline to vote until a Speaker is elected, when the whole question will come up. I suppose no one wants this House disorganized longer than necessary. Mr. McCLERNAND. The suggestion of the gentleman from Pennsylvania meets my approbation. In presenting this matter at this time, it was not my intention to take any part either for one contestant or the other, but to place the facts before the House so that they might decide whether they would admit Mr. Thayer to a seat now, or postpone the decision of the question until a future day. I agree with the gentleman from Pennsylvania that it would be better that this and other like cases be passed over informally for the present, with the understanding that neither of the contestants shall be permitted to vote until a further order shall be made in the case. Mr. CARLILE. I desire to inquire of the gentleman from Pennsylvania whether he proposes to include in his motion, or suggestion, my right to vote on the organization of this House? Mr. STEVENS. I do not understand that the House at all. gentleman's case has yet been brought before the Mr. CARLILE. I understood the gentleman from Kentucky [Mr. BURNETT] to make a motion in reference to the members from Virginia. Mr. STEVENS. He simply stated that he would introduce a resolution at some future time. The CLERK. No objection being made, the Clerk understands that the suggestions made respectively by the gentleman from Pennsylvania and the gentleman from Illinois, in reference to the cases referred to, are concurred in by the House. Mr. VALLANDIGHAM. I rise to give notice that previous to the swearing in of members, if the precedent shall be so established, and if not, subsequently, and by regular reference to the tion of privilege under the sixth section of the first Committee of Elections, I propose to raise a quesarticle of the Constitution, which is in these words: "No Senator or Representative shall, during the time for which he is elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office." I shall offer at that time a resolution, which I propose to read now. It is as follows: Resolved, That GILMAN MARSTON, of New Hampshire, FRANCIS P. BLAIR, jr., of Missouri, and SAMUEL R. CURTIS, of Iowa, claiming seats in this House, having been sworn into the military service of the United States, and now holding military office under the authority of the same, are constitutionally disqualified to be members of this House, and to take the oath as such; and that, therefore, the Clerk is hereby instructed to omit their names in calling the roll, and recording the votes on the election of Speaker of this House. The latter portion of that resolution, in accordance with the precedent just established, I propose to postpone, and to change it into an instruction to the Speaker not to administer the oath to those gentlemen. Mr. CAMPBELL. I have had the honor of being sworn into the military service of the United States, and am now an officer of the Army of the United States, and I claim the right to be included in the motion of the gentleman from Ohio. I do not want to part company with my friends. [Applause.] Mr. VALLANDIGHAM. I will include the gentleman from Pennsylvania and all who are in the same category. Mr. BLAIR, of Missouri. Much as I dislike to part company with the gentleman from Pennsylvania and my friend from Iowa [Mr. CURTIS,] I desire to state that I have never been sworn into the service of the United States; and therefore, the gentleman's facts are wrong with regard to me. Mr. VALLANDIGHAM. The statement of the gentleman from Missouri that he has never been sworn into the service of the United Statesby which he means, I presume, that he is not holding any office under the authority of the United States except his legislative office-of course excludes him from the terms of the resolution, and from the constitutional disqualification. [Applause in the galleries.] The CLERK. The Clerk does not understand the gentleman from Ohio as making any motion now? Mr. VALLANDIGHAM. I make no motion now. Mr. RICHARDSON. I do not wish to delay the organization of the House; but I desire to state in reference to the case of the Delegate from Nebraska: that the Governor of the Territory, in pursuance of the law of the Territory, last November issued a certificate to James Sterling Morton. Subsequently-in May, I believe-he issued another certificate to Samuel G. Daily of his own volition. He had no power to issue the second certificate; and when the Delegate comes to be sworn, I shall present the question to the House, I think, in such a shape as will leave no doubt that the wrong name has been put upon the roll of Delegates. The CLERK then stated that one hundred and fifty-seven Representatives having answered to their names, there was a quorum present, and that the House was ready to proceed to business -the first business being the election of a Speaker. Mr. COLFAX. Mr. Clerk, before the balloting commences I desire to announce to my fellowmembers that I am not a candidate for Speaker. Profoundly and sincerely grateful as I am to gentlemen of all parties who have proffered me their support, I have felt it to be my duty to lessen the number of candidates, and, by the withdrawal of my name, as far as possible to prevent delay in organization, which the impending triangular contest might threaten. Convinced also, sir, that the Speakership would be more worthily filled by either one of the distinguished gentlemen whose names have been so prominently associated with it, I announced to them yesterday that before the balloting commenced my name should be withdrawn. In conclusion, to those gentlemen whose confidence was manifested in their preference for me, I desire to state that I hope, by services upon the floor, and by devotion to the cause of our country, which in this the hour of its trials to every loyal heart is far above party, I shall prove to them that their confidence has not been mis placed. [Applause on the floor and in the galleries.] Mr. HICKMAN. I beg leave to nominate for the Speakership of this House FRANCIS P. BLAIR, jr., of Missouri, a gentleman who has inaugurated a war policy in that State which has elicited the enthusiastic approbation of every loyal American citizen. [Great applause.] Mr. VALLANDIGHAM. I rise to a question of privilege. Mr. McCLERNAND. I trust that order will be maintained in the galleries. Mr. VALLANDIĞHAM. I rose to make the same request. Mr. McCLERNAND. We ought to put a |