referred House File No. : A Bill for an Act authorizing and requiring the sale or exchange of specie now in the State Treasury for Legal Tender Notes of the United States, together with the several pending amendments, have had the same under consideration, and have instructed me to report the same back and recommend that the pending amendments be not adopted. We recommend the adoption of the following as a new Section, to-wit:

SEC. 3. Before making sale of said specie, the said Treasurer shall give notice that the same is for sale, by publication in one newspaper to be selected by him, in Des Moines, one in Chicago, and one in New York, which publication shall be made at least three days in such papers and no sale shall be made under 10 days from the last publication.

The report of the Committee was adopted.

On motion of Senator McCrary, of Lee, section 2 of the Bill was stricken out.

Senator Woolson moved to amend by striking out all after the enacting clause and insert as follows: Should it be found necessary in the opinion of the Treasurer of the State, to use the gold now or hereafter in the Treasury by paying on the debts of the State, such Treasurer shall before paying it out, realize on the same the market value of such gold either by selling the same for par currency, or by getting the market value at the time it shall be so used, from the person to whom it shall be sold.

On motion of Senator Henderson it was recommitted to the Committee on Ways and Means.

On motion of Senator Brayton, the Senate proceeded to the consideration of the special order.

House File No. 7: A Bill for an Act to amend chapter 103 of the Acts of the 9th General Assembly, entitled an Act to provide for the publication and distribution of the Adjutant General's Report, was read, when the following communication was received from the Secretary of State:

STATE OF IOWA,

OFFICE of SECRETARY STATE.

HON. E. W. EASTMAN, President of the Senate:

MR. PRESIDENT:-I have the honor to acknowledge the reception of the following Resolution, from your honorable body:

"Resolved by the Senate, That the Secretary of State be requested to furnish, at his earliest convenience, a full statement of all the facts connected with the distribution of the Adjutant General's Report of 1863, to the members of the Ninth General Assembly."

I am glad, Mr. President, that the honorable Senate has afforded me the opportunity of presenting all the facts connected with this matter to the Senate.

In the first place, the Adjutant General was supplied with the number of copies which the law allowed him.

On or about the 6th day of October, last, I sent by express to each member of the Ninth General Assembly three copies of the Report in question, at the cost of the recipient; there being no means placed at my disposal for its distribution, nor any method prescribed by law for such distribution. I also sent by mail a notice to each member informing him of the fact that the Report was sent, and advising them where it would be found. It is proper to inform the Senate that the whole of the Reports were not delivered to me until about the 10th day of November last.

Here the matter rested until the meeting of the present General Assembly.

The law also provides that the Adjutant General should have 2,000 copies, and that he should send to each commissioned officer in the several regiments from this State, one copy of the Report, also to exchange with the Adjutant Generals of other States, and of the United States. It is also proper to remark that owing to the increase (after the passage of the law) of the number of the Regiments, that the Reports assigned to the Adjutant General were found to be insufficient to supply each commissioned officer with a copy. Of this fact the Adjutant General advised me early in the

season.

A few days after the meeting of the present General Assembly, I was waited upon by a number of the members of the Senate, who were also members of the 9th General Assembly, and requested by them to distribute to them their share of this Report.

It was also understood (and the fact spoken of at the time) that a bill had, or would soon be introduced, authorizing a different distribution of these books. I informed the Senators that I considered the Report in question as their property, and with my views of the law I should make no other distribution, than that authorized by the law of 1862.

I think also upon that occasion it was understood that each commissioned officer in the army from this State, was also entitled to one copy of this Report. I am certain that I had such a conversation with some of the Senators.

After the above interview with the Senators, upon mature reflection, in view of the fact that the Adjutant General had constantly urged that an imperious necessity existed that a portion of these books should be retained so as to enable him to comply with the law; and in view of the fact that the present General Assembly had taken the matter in hand, with a view of making a different disposition of this Report than that contemplated in the law of 1862, I say in view of all these facts, I deemed it most prudent for me to get the advice of the Attorney General upon this subject; consequently I wrote a note to Dr. Udell informning him that I would deliver no more books to old or new members until I obtained the opinion of the Attorney General upon this subject, ex

pressing at the same time, a hope that his opinion would be satisfactory to all concerned.

In the mean time, the bill now before the Senate passed the House of Representatives. During its pendency I had a conversation with the Attorney General, and he thought it best to defer an opinion until the bill had been before both branches of the General Assembly, so as to present the whole question at once. You will readily see, Mr. President, that I have been placed under very embarrassing circumstances.

The members of the 9th General Assembly on one hand, the Adjutant General on the other, with the fact that the General Assembly had the matter in hand, all tended to greatly embarrass me in this matter. I can, I think, fully appreciate the feelings of the old members of the Senate, but they look at this matter from one stand point-my position compels me to view it from another; and I can assure the Senate that I have not willfully erred in this matter. I have intended, and still intend to carry out the law in reference to this, as well as all other matters connected with the duties of my office.

In conclusion, Mr. President, allow me to assure the Senate that I feel bound to distribute the Report in question in strict accordance with the law as it now stands upon the State book, unless otherwise ordered by the Legislature.

Again thanking the Senate for allowing me a hearing upon this subject, I am, Mr. President,

Des Moines, Feb. 8, 1864.

Your most obedient servant,

JAMES WRIGHT, Sec'y State.

Senator Brayton moved to read the bill a third time now. Senator Saunders moved to amend the bill by providing that the number of copies to be distributed to each member of the present General Assembly be increased to five.

Senator Brown moved to amend by giving three copies to the members of the 9th General Assembly, and six copies to each member of the present 10th General Assembly. Lost.

The amendment proposed by Senator Saunders was adopted. Senator Bassett moved to amend Section 1, by inserting in the tenth line after the words "General Assembly," the words "who is a member of the present General Assembly."

99

Senator Henderson moved the previous question, and on the question "Shall the motion be seconded?" "Senator Burdick demanded the yeas and nays.

The yeas were Senators Brayton, Cutts, Flaugh, Hart, Henderson, Hillyer, Hunt, McCrary of Lee, Patterson, Ross, Wharton and Woolson-12.

The nays were Senators Bassett, Burdick, Brunson, Boardman, Brown, Bridges, Clarkson, Crookham, Dixon, Foote, Gray, Hogin, Hatch, Hilsinger, Knoll, McJunkin, McCrary of Van Buren,

Moore, McMillan, Parvin, Roberts, Saunders, Stubbs, Shippen, and Udell-25.

The motion did not prevail.

Senator Clark was excused from attendance.

Senator Stubbs moved to re-commit to Ways and Means with instructions. Lost.

The amendment proposed by Mr. Bassett was lost.

Senator McCrary of Lee moved that the bill be now read a third time.

Senator Shippen moved to adjourn.

The bill was ordered to its 3d reading. On the question "Shall the Bill pass?"

The yeas were, Senators Burdick, Brayton, Cutler, Clarkson, Crookham, Foote, Henderson, Hillyer, Hunt, Hatch, Hillsinger, McJunkin, McCrary of Lee, McCrary of Van Buren, Moore, McMillan, Patterson, Parvin, Ross, Saunders, Wharton and Woolson

-22.

The nays were, Senators Bassett, Brunson, Boardman, Brown, Bridges, Cutts, Dixon, Flaugh, Gray, Hart, Hogin, Knoll, Roberts, Stubbs, Shippen and Udell-16.

Not being a constitutional majority, the bill did not pass.

Senator Gray from the Committee on Engrossed Bills, submitted the following report:

The Committee on Engrossed Bills have examined Senate File No. 64: A Bill for an act to amend chapter 175, acts of the Ninth General Assembly at its regular session, and find the same correctly engrossed.

G. W. GRAY, Chairman.

Senator Cutts moved to reconsider the vote on House File No. 7 by which it was lost.

Senator Burdick moved to lay the motion on the table.
The yeas and nays were demanded.

The yeas were, Senators Burdick, Brunson, Boardman, Bridges, Gray, Hunt, Hatch, Knoll and Udell-9.

The nays were, Senators Bassett, Brayton, Brown, Cutler, Clarkson, Crookham, Cutts, Dixon, Foote, Flaugh, Hart, Henderson, Hogin, Hillyer, Hilsinger, McJunkin, McCrary of Lee, McCrary of Van Buren, Moore, McMillan, Patterson, Parvin, Ross, Roberts, Saunders, Stubbs, Shippen, Woolson and Wharton-29.

The motion to table was lost.

The vote was reconsidered.
On motion the Senate adjourned.

AFTERNOON SESSION.

Senate convened at 2 o'clock P. M.

The President stated that Mr. Davis, Secretary of Senate, was

confined to his room by sickness, and that it would be necessary, during his illness, to have another Assistant Secretary.

On motion of Senator Udell, a committee of three was appointed to procure said Assistant Secretary, consisting of Senators Udell, Hatch and Foote.

The Senate took up House File No. 7, which was before the Senate at the time of its adjournment to-day, and on the question "Shall the Bill pass ?"

The yeas were, Senators Bassett, Burdick, Brunson, Brayton, Cutler, Clarkson, Crookham, Cutts, Dixon, Foote, Flaugh, Hart, Henderson, Hillyer, Hunt, Hatch, Hilsinger, McJunkin, McCrary of Lee, McCrary of Van Buren, Moore, McMillan, Patterson, Parvin, Roberts, Saunders, Stubbs, Shippen, Udell, Wharton and Wo olson-31.

The nays were, Senators Boardman, Brown, Bridges, Gray, Hogin and Knoll--6.

Senator Ross absent without excuse.

The Bill passed and title was agreed to.

House File No. 17: A Bill for an act for the relief of Catharine Morris, sister of Edwin Morris, deceased, was taken up.

On motion of Senator Henderson the Bill was indefinitely postponed.

The following message was received from the House.

MR. PRESIDENT:-I am directed by the House of Representatives to inform your Honorable Body that they have passed House File No. 80: A Bill for an act entitled an act providing for auditing the account of J. L. Mason of Bentonsport, Iowa. In which the concurrence of the Senate is respectfully asked.

Also that the House of Representatives have concurred in the Senate amendments to House File No. 8: A Bill for an act to provide for the printing and distribution of the Adjutant General's Report for 1864.

Also that the House of Representatives has adopted the following Joint Resolution :

Resolved by the General Assembly of the State of Iowa, That in our present worthy Chief Magistrate, Abraham Lincoln, we recog nize a Statesman and Patriot who has the wisdom to perceive, and the courage to meet, the responsibilities of his high position. That the measures of public policy adopted by his Administration for the overthrow of the rebellion, the maintenance of the Union, and the enforcement of the laws, merit and receive our warmest endorsement and approbation; and that by a re-nomination and reelection to the office he now so ably fills, he should have the opportunity to finish the work of crushing out treason and rebellion; and we hereby declare it to be our deliberate conviction, that in adopting this resolution, we do but give expression to the will of the loyal people whom we represent.