538 CONGRESSIONAL PROCEEDINGS. 



ton, Andrew Oliver, Mordecai Oliver, Parker Peck, Pratt, Puryear, Ready, Rowe, 

 Russell, Sabin, Sapp, Seward, Simmons, Samuel A. Smith, William R. Smith, Richard 

 H. Stanton, Hestor L. Stevens, Stratton, Thurston, Upham, Wade, Ellihu B. Wash- 

 burne, Israel Washburn, Wells, Tappan Wentworth, Westbrook, Wheeler, Yates, 

 and Zollicoffer 84. 



House refused to lay the resolution upon the table. 



Pending the call 



Mr. JOHN KERR said: Is it in order to make an inquiry of the 

 Chair at this time? 



The SPEAKER. Only by the unanimous consent of the House. 



Mr. KERR. There seems to be some misapprehension in regard to 

 this matter. I suppose by laying the resolution upon the table that 

 we do not accept the resignation of Mr. Choate. 



The SPEAKER. The Chair understands the resignation to have been 

 already received. The House received the letter, and it was read. 



Mr. KERR. There seems to be some diversity of opinion in relation 

 to the matter. My only desire is, that it shall be understood. 



The question then recurred upon the demand for the previous 

 question. 



Mr. J. R. FRANKLIN. I would like to inquire of the Chair, if it is in 

 order to move to refer this matter to the select committe already in exist- 

 ence upon the subject of the Smithsonian fund? 



The SPEAKER. The demand for the previous question cuts off any 

 motion, until the House determine whether they will second the 

 demand. 



Mr. FRANKLIN. I give notice that I shall make the motion to refer 

 these papers to the select committee already existing upon the subject 

 of the Smithsonian fund, which has this matter in charge, and is 

 expecting to make a report upon it in a few days. 



Mr. ISRAEL WASHBURN, sr., of Maine, demanded tellers on the 

 second to the demand for the previous question; which were ordered; 

 and Mr. Grey and Mr. Walker were appointed. 



The House was then divided; and the tellers reported ayes 74, 

 noes 72. 



There was a second; and the main question was then ordered to be 

 put. 



The question now being on the adoption of the resolution. 



Mr. B. PRINGLE demanded the yeas and nays; which were ordered. 



The question was then put; and it was decided in the affirmative- 

 yeas 93, nays 91; as follows: 



YEAS Messrs. Abercrombie, Appleton, David J. Bailey, Ball, Banks, Bennett, 

 Benson, Bristow, Bugg, Campbell, Carpenter, Chamberlain, Chase, Clark, Cook, 

 Corwin, Crocker, Cullom, Curtis, Cutting, Thomas Davis, Dawson, De Witt, Dickin- 

 son, Eastman, Edgerton, Edmands, Ellison, Etheridge, Farley, Fenton, Flagler, Fuller, 

 Goodrich, Goodwin, Grow, Aaron Harlan, Wiley P. Harris, Haven, Henn, Hiester, 

 Hill, Hughes, Hunt, Johnson, Kittredge, Knox, Latham, Letcher, Lilly, Lindley, 

 Lindsley, McDougall, Mace, Macy, Matteson, Maurice, Mayall, Meacham, Middles- 



