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UNIVERSITY OF DELAWARE THE LIBRARY
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·-1864.
·,,f~ ·•• ..... STATE O.F DELAWARE·~:;<·.
JOURNAL
OF THE HOUSE OF REPRESENTATIVES
OF THE . STATE OF DELAWARE,
AT
SESSIONS OF THE GENERAL ASSEMBLY,
CONVENED .A.ND HELD AT DOVER,
AS FOLI,OWS, VIZ :
AN ADJOURNED SESSION ON TUESDAY, TUE NINTU OF JUNE, i86~; AN AD JOURNED SESSION ON TUESDAY, THE TWELFTH OF JANUARY, 1864; A SPECIAL SESSION ON THURSDAY, TUE TWENTY-EIGHTH . OF JULY, 1864; AND AN ADJOURNED AND SPECIAL SESSION ON TUESDAY, THE EIGIITEENTil OF OCTOBER, 18?4•
DOVER, DEL. PRINTED BY JAMES KIRK.
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OF ~'IIE HOUSE OF REPRESENTATIVES
OF THE STATE OF DELAWARE.
· At an adjourned session of the General Assembly of the State of 'Delaware, convened and held in Dover, 011 Tuesday, the ninth day of · June, in the yen,r of om· Lord one thuusn,nd eight lrnndrccl and sixty threc, there were present of the members of tho House of Repre sentatives of said State, Messrs. John Hays, John A. Dunon,n, Solomon M. Curtis, David W. Gemmill, Mcnitt II. Paxson, and John Whitby, of New Castle County; · . · Messrs. Benjamin S. Gootee, J olm 1 H. Bewley, J ~mes Williams, ,John Sfay, Willimn R. Stubbs, Robert Raughley, and Curtis S: Watson,, of Kent County; and :Messrs. l\fojor W . .Allen, William A. Scribne1·; John Sorden, Luther W. Fisher, William D. Wapl WEDNESDAY, ,Tune 10, 1863-10 o'clock, A. M. 'l'he Honse met pursuant to adjournment. · Prayer by the· Chaplain. Mr. Watson presented the petition of William Tharp and others, for an act authorizing the laying out of a public road in Kent County, Which, On his motion, Was read andreferred to a committee of three, with leave to re port by bill or otherwise. Whereup_on, Messrs. Watson, Gemmill, and Fisher were appointed saicl com mittee. Nathaniel B. Smithers, Esq., Secretary of State, being admitted, presentecl a special message from His Excellency, the Governor, with accompanying resolutions from the States of Kentucky and Missouri, Which,. On motion of Mr. Bewley, Were read, as follows : MESSAGE. To the Senate and House of Rep1·esentatives of the State of Dela· wa1·e: · In compliance with the request therein contained, I have the honor to lay before you resolutions of the Legislature of Kentucky, and also. resolutions of. the Legislature of Missouri, with the Special Message of his Excellency, Governor Gamble, the latter resolutiollS and message being in response to certain resolves of the Legislature 1 of Delaware trallsmittecl to that body. · · . It is unnecessary to accompany these papers by any extended re- marks acldressed to you. · " My views upon the subjects of which they treat are too well · known to you to require elucidation. It is obvious that the prospect of a convention or armistice is as . , visionary as its realization would be disastrous. The rebels have .· always declared with a persistency admitting no change and a direct- 5 ness defying misunderstanding, that the separation is filial and ir remediable. They will listen to no proposition but disunion, and ac cept no termination of the contest, except a full aud complete recog nition of their absolute independence. To this end they have taken up arms against the Government, and from the beginning, lrn,vc proclaimed their determination with un wavering constancy. In this vie,v the proposal of an armistice is a mere subterfuge ; the plea for a Convention, a bitter mockery. · The practical result could only be to distract the people of the Loyal States, and give to the enemy time for preparation and in: creased capacity to sustain the conflict. It would be au admission either of the l"ightfulness of their cause or of the inability of the government to cope with the rebellion. J!'oreign intervention, now dead, would be revived, and dangerous complications, perhaps foreign war, would ensue. There is but one admisible basis of settlement-the restoration of the authority of the National Government over the whole land. There is but one mode of adjustment-the employment of the whole military power of the Republic in the utter suppression of rebellion. For this purpose all incidental questions should be postponed, and all issues tending to divide the loyal people of tlie United States should be avoided. Their discussion has already clone more to pro tract the conflict 11,nd procrastinate the resumption of authority by the civil magistracy, than the armed power of the rebels. Dissen sion among the people of the Loyal States is their only hope of suc cess. Had men who profess loyalty, been united in a firm support of the government and a vigorous prosecution of the war, the supre macy of the laws would long ago have been re-established. Upon the Southern rebels rests the guilt of the commencement of the contest; upon the Northern peace-men the tenible responsibility of its protraction; upon both the necessity for the .sacrifice of heca tombs of hp.man lives t.o preserve .the Union. Posterity will judge be.tween. us .. WILLIAM CANNON. DOVER, June 9th, i863. COMMONWEALTH OF KENTUCKY, ExE.cu•r1vE DEPARTMENT,} FRANKFORT, .March 11th,. 1863. To His JiJxcellenay, the Governor of Delaware : · Sm: I am instructed by the General Assembly to transmit you the enclosed resolutions, with the request that you lay the same be fore the Legislature of your State. · . Very respectfully; . J. F. ROBINSON. 6 RESOLUTIONS ON. FEDERAL RELA'l'IONS ADOP'l'ED BY 'rl-IE LEGISLATURE OF KENTUCKY. l. Resolved, 'l'hat our institutions arc assailed by au armed rebel lion on· one side which can only be met by the sword; and on the other by unconstitutional acts of Congress, and startling· usurpations of power by the Executive, which we have seen by experiment can be corrected by tho ballot-box. Policy, as well as principle, requires that Kentucky shall await tho process of reform, which is slow but sure, and refrain from all nnlawfnl and unconstitutional acts which have already broug·ht tel'l'ible calamities upon the country, whilst we invoke the aid of all patriotic men, to avert the evils that threaten our free iustitntions. · 2. Resolved, That this G\}ncral Assembly declares, as before it has often times declared, that t;hc State of Kentecky hath cvcrheen, and is, loyal to the Government of the United States of America, ancl is determined to maintain tlrnt 1oyaHy against both domestic and foreign foes. 3. Resolved, Thut this General Assembly recognizes a manifest difference between any administration of the Government 8. Resolved, That Kentucky will adhere to the Constitution and the Union as the best-it may be the last-hope of popular freedom; and for all wrongs which may have been committed, or evils which may exist, ·will seek redress under the Constitution and within the Union, by the peaceful but powerful and irresistible agencies of the suffrages of a free people. · . 9. Resolved, 'l'hat this "General .Assembly hails with pleasurable hope the recent manifestations of conservative sentiment among ·the people of the non-slaveholding· States in their late elections, and re gard the same us the earnest of a good purpose on their part to co- 01rnrate with all other loyal citizens, give security to the rights of every section, :and maintain the Union and the C1,nstitution us they were ordained by the founders of the Repttblic. 10. Resolved, That in the judgment of this General Assembly, a Convention should be called for the purpose· of proposing such amendments to the National Constitution as experience hus proved to be necessary to maintain that instrument in the spirit and mean ing .of its founders ; and to that eml we re-affirm and adopt the reso lutions recommending a call for a Convention of the United States, approved January 25, 1861. 11. Resolved, 'l'hat the laws of this State must be maintained and enforced, and tlmt it is the .duty of the constituted authorities of the State to see to it that by all constitut.ional means this indispensable end shall be attained. 12. Resolved, That the Govemor be requested to forward a copy of these resolutions to the President of the United States, and to the Governor of each State, with a request that he lay the same be fore the Legislature of his State, and to each of our Senators and Representatives in Congress. ·our Senators are instructed, and our Representatives requested, to use their best efforts to accomplish the objects of these resolutions. EXECUTIVE MANSION, JEFFERSON CITY, April 8th, 1°863. His Excellency, WILLIAM CANNON, Governor of the State of Delaware : Sir: .A.t the request of the General .Assembly of Missouri, I en close to you herewith a copy of resolutions adopted by that body in response to certain resolutions. of the General Assembly of the State of Delaware. As the message which I sent to the General Assem bly, accompanying the Delaware resolutions, was adopted· by that body as its response to those -resolutions, a copy of the Message is. herewith forwarded. I have the honor to be, Your obedient servant, H. R. GAMBLE, Gov. -of Missouri. 8 :JOINT RES0J.1U'l1I0NS IN RESPONSE TO CER'r.A.IN RESOLU'l'IONS OF 'l'HE LEGISLATURE OF THE S'l'A'l'E OF DELAWARE.. ,WIIEREAS the Legislature of the State of Delaware has trans mitted to his Excellency, H. R. Gamble, GoYernor of this State, a series of resolutions, wherein are contained grayc errors in principle, and in our opinion, if entertained fayorably by -the respective loyal States, would prove destructive of the last hope of the re-construc tion of the Federal Union, and go far towards sustaining the idea of our incapacity for self-government; and \VHEREAS the comity between sister States requires at our hands a response to said rcsol ntions ; 'l'herefore, Resolved, by the Gene1·al Assembly of the State of lliissoun:, as follows: 1st. 'l'hat we heartily endorse the logical, dignified, and appropri ate message of his Excellency H. R. Garn ble, to this Legislature, in relation to, and accompanying the said resolutions of the· Legislature of the State of Dela,vare, and that we do lierehy accept and adopt the same as a suituble response to said resolutions. 2d; 'l'hat his Excellency, the Governor, be requested to transmit a copy of the foregoing resolutions, together with his saicl message, to the Govemor of the .State of Delaware, with the request that the same be laid before the Legislature thereof, to the President of the United States, and to our Senators and Representatives in Congress. L. C. MARVIN, Speaker of the House of Rep1·esentatives. WILLARD P. HALL. President of the Senate . .Approved March 18, 1863. n: R. GA111BLE. MESS.A GE. To the Senate and House of Rep1·esentatives: I transmit l1ere,vith a copy of certain resolutions adopted by the General Assembly of the State of Delaware, which I am requested by that ):Jody to lay before you. · · Courtesy to a State in the Union, requires that I should thus res pect the request of its Legislature, whatever may be my opinion of the resolutions they have adopted. g It is cause of the deepest regret, in the present condition of our Mtion, when the Government is struggling to maintain its own being, that the authorities of any State should add to its embarrassment by the adoption of resolutions which arc calculated to withdraw the at tention of the people from the grand issue involved in the present contest, and to weaken. its energies in the suppression of the present rebellion. The resolutions; now transmitted, divide themselves into three classes_.:_those which decla.re the principles upon which the Gov ernment was established-those which denounce unconstitutional acts and purposes of the present .Administration-and those which pro pose to terminate the war by an armistice and a National Conven tion. What is the grand issue involved in the present contest? It is this: Shall the nation be dissolved und anurchy prevail over the whole country ? It muy certuinly he assumed at this day, as true, that all the loyal States repudiate the doctrine that any State has the right, under the Constitution, to dissolve its connection with the other States by any act of Secession. The logicul consequence of the deniul of the right of secession, is that all the States which have attempted secession are still parts of the United States, and all their citizens are still citizens of the United States, although in rebellion against the Government. It is still true, that the. Constitution of the United States and the acts of Congress passed in }}nrsuance thereof, are the supreme faws of those States, as well as of the loyal States. It is still true, that the President is under the constitutional obligation to "take care that the laws be faithfully executed" in those States as well as in the loyal States. Under his oath of office he is still bound to "preserve, protect and defend the Constitution of the United States," in the revolted as well as in the loyal States. It is still the duty of the Government to maintain its authority and suppress rebellion in all the States. 'rhese consequences inevitably result from the denial of the right of seces sion. What is now the condition of our country ? Several States claim that they have adopted proceedings by which they have right fully withdrawn from the Union, and have formed themselves into a separate and independent nation, 'l'hey resist the authority of the Government of the United States within their borders by force of. arms. They seek no change of meusnres or policy on the part of the Government; as affecting them, as part of- the Union, but claim as their right the recognition of their independence. This is their sole and peremptory demand. They ask no armistice. They seem con tent to determine the issue by arms. If we look to the Constitution of the United States, we will find that there is no power conferred by that instrument upon any one department of the Government, nor upon all the departments combined, to dissolve. the Government and destroy .the nation, by aeknowledgingJhe independence of any of the States. If the instrument ( designed to organize a National Govern ment) had conferred such power to commit suicide upon any of the departments of the Government, the whole. instrument woflld be. in• 10 ·finitely :absurd. If -then, in the present contest, o·no party·demands a recognition ·of its independence, and the other has no power to , comply with the demand, it is manifest that the questi.on can only be settled by -the sword. We ma.y desire peace, we may pray for peace, bnt no peace is possible, •unless the revolted States will submit. To make peace upon any other terms wonld be. to dissolve the Union among all the States, because they, each for itself, ,entered into .a Union that then embraced .some ,or all of,thc revolted .States, and to change that Union •is to ·make a new ·Government, which would re quire a new consent of the States to be included in it. What then is the use of calling a N atiorml Convention under such circumstances? vV c know. that; the revolted States would not go into such Convention, because it would be an abandonment of their claims of independence. 'L'hcy ask for no such Convention. If it were to be formed of delegates from tho loynl States alone, it could have no power in restoring the Union, otherwise than by so abasing the nation at the feet of the rebellion that the rebels would graciously condescend to receive us back into a Union with them. Such a Con vention would be much more likely to produce alienation nnd exas peration among the loyal States, than to restore the Union as it was. It would be unjust to the Legislature of Delaware, to suppose that when they resolve in favor of a "National Convention," for the pur pose of adopting a plan which will "secure the integdty of the Union," they desire to have a Convention which will dissolve the ,Union by acknowledging the independence of tho revolted Stntes; and yet, in present circumstances there is no warrant for believing .that a Convention could be held, which would embrace more than the loyal States; nor is there any ground to suppose that anything short of a recognition of the independence of the revolted States, ·.would satisfy them. · It is well for all who are willing to divide the country, to under stand that the States ,of the Northwest, when looking down the Mississippi to the Gulf, will never consent to find the lino of a foreign nation crossing that stream, and so the separation of the States :in the Southern part of the Mississippi 'Valley from the Union, is with us wholly inadmissible. H it be desired by the ·Legislature.of Delaware to have a Oon ~ention for the purpose of proposing amendments to the Constitu tion, then it is to be called by Congress, upon the application of the, 1,egislatures of two-thirds of the States, and the amendments must ,be ratified by the Legislatures of threeafonrths of the States. before they become parts of the Constitution. Upon the supposition that the re:volted ·states arc still parts of ,the Union, no amendments can .be adopted without being ratified by some of them, and surely it will be time enough to propose amendments to ,the ·Constitution for their benefit when they acknowledge that they are subject to its provisions, and renounce itheir claim of independence. [t is sufficient to -call your attention to ,considerations such .as are. thus br.iefly stated as a.n 11 nnswer to the proposals to 1mvo a National Con~ention .. So in re gard to an armistice. An armistice is commonly agreed upon pre liminary to negotiation between the belligerents, but when the only question is whether the Union shall be dissolved, we are not going to negotiate about it, and therefore an armistice would be but a waste - of time. Inexorable logic requires us to settle the dispute by fight ing, and that with as little delay as P?ssible. It is true that if we are willing to .admit that we are beaten, and that we cannot suppress the rebeljion, the sooner we stop fighting the better. But I appre hend the loyal men of the loyal States do not admit that the nation is beaten. Nor should they, when we arc to-day in possession of more of the territory of the revolted States than we have occupied since the commencement of the rebellion, and when om preparations are greater than ever before. 'l'he Legislature of Delaware de nounces many acts of the present Administration of the United States Government, and the purposes for which the war is carried on as unconstitutional. I wiil not enter into an examination of the constitutionality of ~hose alleged acts and designs. Our laws furnish redress· for injuries received from unconstitutional acts, when they affect individuals, and· an officer is responsible to the ·public through forms of proceedings recognized by tlrn Constitution and Laws. But the reason .for abstaining from any discussion of such ques tions here, is that the great question, whether the nation shall li,ve or die, ought to absorb our chief attention. 'l'he stupendous violation of the Constitution attempted by the revolted States, engrosses my attention, as no doubt it will yours. If. we can prevent the success of that we can attend to other violations afterwards. In all proba bility, resolutions of similar import will be received from other States, and when received they will be communicated; to you. Whether you will notice those now submitted by any resolutions of your own, or simply pass them by in silence as is .often done, is refer red to your own judgment. It is worthy of consideration, however, whether the latter course is not to be prefe~red until it•shall appear whether anything seriously affecting ·the nnity of the nation· is con' templated by the bodies which adopt such resolutions .. H. R. GAMBLE, Gov. of Missouri. And, On the further motion of Mr. Bewley, The consideration :thereof was postponed until the second 'l'uesday of January next. Mr. Bewley presented the account·of James• Kirk with .the House of Representatives, · Which, On his motion, 12 Was read and referred to the Committee on Accounts • .And also, 'rhe claim of James Kirk, for advertising, &e., Which, On his motion, Was read and referred to the Committee on Claims. Mr. Bewley oltered a joint resolution adjourning the two Houses· of the General Assembly over until the second 'l'uesday of January next, Which, On his motion, ~ras read, .And, By the unanimous consent of the House was afterwards withdrawn. Mr. Gemmill offered a joint resolution adjourning the two Houses of the General .Assembly over from 12 o'clock, :i\'I., this day, until the second Tuesday of ,January next. Mr. Lattomus movt:d, . That the resolution be adopted'. On the qtiestion, 11 Shall the resolution be adopted ?" The yeas and nays were ordered, · Which, being taken, were as follows : · Yeas-Messrs. Bewley, Curtis, Duncan, Gemmill, Hayes, Latto mus, Paxson, Raughley, Slay, Stubbs, and Whitby-II. • I - . Nays-Messrs . .Allen, Gootee, Horsey, Scribner, Waples, Watson, Williams, and Mr. Speaker-8. So the resolution Was Adopted. Ordered to the Senate for concurrence. Mr. Gootee offered a resolution, Which was read, as follows : llesol·ved by the House of Representatives, That the members of said House decline to receive any compensation for their attendance at this adjourned term, and direct the. Committee on .Accounts to omit any allowance therefor in their report. .And moved its adoption. On the question, '' Shall the resolution be a<;lopted ?" 13 The yeas and nays were ordered, Which, being taken; were as fol1ows : · . Yeas-Messrs. Allen, Bewley, Duncan, Gemniill, Gootee, Horsey, Raughley, Scribner and. Whitby-9. Nays-Messrs. Curtis, Hayes, Lattomus, Paxson, Slay, Stubbs, · Waples, Watso_n, Williams and Mr. Speaker-IO. So the motion was lost, and the resolution Was Lost. Mr. Gemmill moved, , ' That the Clerk inform the Senate of the passage by the House of the Joint Resolution adjourning the two Houses over until the _ second Tuesday of January next. On the question, " Shall the Clerk be so instructed ?" The yeas and nays were ordered, Which, being taken, were as follows : . Yeas--Messrs. · Bewley, Curtis, Duncan, Gemmill, Hayes, Latto• mus, Paxson, Raughley, Slay, Stubbs and Whitby--11. Nays-Messrs. 1Allen, qootee, Horsey, Scribner, Waples, '\\Tatson, "Williams, and Mr. Speaker-8. So the motion Prevailed, And the Clerk was so instructed. The Speaker presented the resignation of John B. Penington as Clerk of .this House, . Which, On motion, Was read by Mr. Willillms. Mr. Bewley moved, · That the resignation be accepted, . Which motion, Was Lost. Mr, Bewley moved, That William B. Stubbs be appointed Clerk, pro tem. On the question, " Shall Mr. Stubbs be appointecl Clerk pro te1n ?" The yeas ancl nays were orclerecl, Which, being taken, were as follows : 14 . Yeas-Ml3sst·s. Bewley, Curtis, Duncan, Fi&her, Gemmill, 1.Iay!!s, :t.attonms, Paxson, Raughley, Slay, Whitby and 'IVilliams-12. Nays-Messrs. Allen, Bailey, Gootee, Horsey, Scribner, Stubbs, Waples, and Mr. Speaker-9, So the motion Prevailed, And' Mr. Stubbs was appointed CltJrk pro 'tem. On motion of Mr. Gemmill, Mr. Stubbs was directed to inform the Senate of the passage of the Joi ht Resolution of the House adjourning the two Houses of the General Assembly over until t.hc second Tuesday of January next. On motion of l\fr.. Bewley, The House adjourn~d until 3 o'cloclc this afternoon. SAME DAY.;;..3 o'clock, P. M. 'rhe House met pul'suant to adjournment. The re~ignation of Mr. Pei1ington, as OltJrk, hot having been ac t:epted, he i'esumed the duties of his office. Mr. Williams presented tho claim of C. P. Jtihnson again~t the State, · Which, On his motion, Was read. nnd referrect to the Committee oil Cbim~. Mr. Allen moved, That Rule 7 be suspeut1ed, in ord,er that he might introduce a bill1 And on the question, " Shull Rhle 7 be suspendtid for thut pur- pose ?'' The yeas and nuys were ordered, Which, beihg tukcn, were us foilows : Yeas-Messrs. Allen, Bailey, Fisher, Gootee, Horsey, Scribner, . Stubbs, Waples, Watson, and Mr. Speakel'-10. Nays-Messrs. Bew)ey, Curtis, Duncan, Gemmill, Hayes, Paxson, Raughley, Slay, Whitby, and. Williams-IO. So the 1r1otion ·was Lost. 1'5 '.Mr. Martiu1 Clerk of the Setta~e, being admitted, presented for the concurrence ot' the House,. a . .jpint resolution adjonrning. the two Houses of the General Assembly over untir the second 'l'ucsday of January next, at 10 o'clock, A. M., _ Which, On-motion of l\fr. Gcmmili; Was read, And, On motion of l\Ii'. Watson, \. Concun'ed in. Ordered that the Senate be ihformed thereof, and the resolution returned to that body. On motion of Mr. Allen, 'rhe Clerk was instructed to purchase 2,200 thl'ee cent postag!} stamps, for the use of the Honee, And, On his further motion, The Clerk of the Committee oii Military Interfc!'encc was directed to furnish the members of the House with their respective shares of the copies of the report of, and testimony taken before, said com 0 mittee, authorized to be published by a joint resolution of the Gene• ral Assembly. Mr. Martin, Clerk of the Seniite, being admitted, presented for the signature of the Speaker of the House, the enrolled Seirnte Joint Resolution adjourning the two Houses of the General Assembly over until the second Tuesdny of January next, at 10 o'clock, A. M. Mr. Williams, from the Committee on Enrollment, reported said joint resolution duly and correctly enrolled, and presented the same fol· the signatuie of the Speuker of the House. Mr. Watson bffered a resolution, Which, Was read, tts follows: Resolved by the House of Representativet, 1'hat John Sorden, Esq., Speakei' of the House, be and he is hereby authorized to draw a draft on the, Stut;e Treusurer, in favor of John H. Bateman, Esq., Postmaster, tit Dover, for the sum of sixty-six dollars, in full for two thousand two hundred three cent postage stamp:s1 this day ordered and received by the i{ouse; and the said State Treasurer is herebf authorized abd requh'ed to pay the same, 16 Which, On the further motion of Mr. Watson, Was Adopted. On motion of Mr. Bewley, The House adjourned until the second Tuesday of January, A. D. 1864, at 10 o'clock, A. M. ATTEST, JOHN B. PENINGTON, Cleric of the Hoitse of Rep1·esentatives. 17 TUESDAY, January 12, ] 864-10 o'clock, .A.. M. The Rouse met pursuant to adjournment. Prayer by the Chaplain. On motion of Mr. Gemmill, Mr. A. R. Reger was permitted to take a seat on the floor of the House, to report the proceedings of the House. On motion of Mr. Watson, · Twenty-one copies of the acts of the General Assembly, passed at the regular session of 1863, were procured for the use of the Honse. Mr. Fisher presented the account of Isaac Tunnell with the Honse of Representatives, Which, On his motion, Was read and referred to the Committee on Accounts. · Mr. Fisher also presented o. claim of Isaac Tunnell against the State, Which, Ou his motion, Was read and referred to the Committee on Claims. On motion, The House adjourned until 3 o'clock this afternoon. SA~IE DAY-3 o'clock, P. M. The House m.et pursuant to adjournment. Mr. Watson, on behalf of the committee to whom was referred the petition of William Tharp and others, for an act authorizing the laying out a public road in Milford Hundred, reported adversely to the prayer of the petitioners, and asked to be discharged. H2 18 On motion of Mr. Curtis, The report was accepted and the committee discharged. On motion, 'rhc House adjourned until 10 o'clock, to-morrow morning', WEDNESDAY, January 13, 1864~10 o'clock; .A.. :i\f.. The House met pursuant to adjournment. Prayer by the Chaplain, Mr. Allen gave notice that he Wot1ld on to-morrow or somefuture day, ask leave to introduce a bill elltitled, "An act to amend Chap ter 320 of the Laws of the State of Defaware." Mr.. Slay presented a cinim of J oshun T. Heald agttii:ist the State, Which; On his motion; Was read and ieferrcd to the Coinmittee on Claims. Mr. Gemmill presented a claim of Lewis W. Stidhain against the State, · Which1. On his motion, Was read and referi'ed to the Committee on Claims, :Mr. Gemmill also presented the petition of Moses Lambson amt others, heirs of Giles Lambson, deceased, for an act authorizing the- . executors of said decedent to sell certain real estate, Whichi On his motion, Was read and referred to 11 committee of three, with leave .to re.o port by bill or otherwise, Whereupon, Messrs. Gemmill, Horsey and Raugh1ey, were appointed said com.o · mittee. 19 l\fr. Martin, .Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the House bill entitled, "An act to divorce Luther 'l'. Moore and Adaline Moore from the bonds · of matrimony,'' and returned the same to the House. Mr. Allen presented the petition of J n,mes Stew:1rt n,nd others, for an act to lay out a public street in the town of Seaford, Which, On his motion,. Was read and referred to a committee of three, with leave to re- port by bill or otherwise, Whereupon, Messrs. Allen, Gootee·and Paxson were appointed said committee. Mr. Allen also presented the petition of Allen V. Leslie and others, commissioners of the town of New Castle, for an act authoriz ing the opening of a certain street in the town of New Castle, Which, On his motion, vVas read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Allen, Gemmill and Watson were appointed said com mittee. On motion, 'fhe House adjourned until 3 o'clock this afternoon. SAME DAY-3 o'clock, P. M. '.l.'he House met pursuant to adjournment. Mr. Gemmill, from the committee to whom was referred the peti tion of Moses Lambson and others, heirs of Giles Lambson, deceased, reported a bill entitled, "An act to enable the Executors of Giles Lambson, deceased, to sell and convey certain real estate," Which, 20 On his motion, Was reacl. Samuel M. Harrington, Esq., Secretary of State, being admitted, presented a special message from His Excellency, the Governor, On motion ·of Mr. Bewley, The Special Message of the Governor, Was read, as follows; MESSAGE. S11ATE OF DELAw ARE, EXECUTIVE DEPARTMENT,} ,January 12, 1864. To the Senate and House of Reprcscntati'Vcs of the State of Dclawm·c in Geneml Assembly met : · Subjects requiring legislation render it proper that I should ad~ dress you at this adjourned session. In the month of August last, I received a communication from David Wills, Esq., agent for His Excellency, the Governor of Penn~ sylvania, in relation to the burial of the Union soldiers who fell at the battle of Gettysburg. The plan proposed included the purchase, laying out and completion of a suitable monument to the gallant men who foll iu that engagement. The necessary expenses were to be borne by those States whose sons were interred therein. The whole amount to be divided among them upon the basis of their respective representation in the House of R~presentatives of the United States. I at once commended the plan as a measure of. justice and humanity, and regretted that having no appropriation by law applicable to such objects, l was precluded from an immediate and official sanction of the project. I however expressed my intention to recommend the matter to the General Assembly, and my opinion that no reasonable doubt could be entertained of their approval of so wortl1y an object. I at the same time .requested that the agent for the State of Penn• sylvania would attend to the selection of the lot of this State and the interment of her dead. My request was faithfully and generously complied with. 'rwelve soldiers from this State who Imel fallen in defense of ]'reedom and Union, and whose gra\'es had been marked by their surviving comrades, now rest beneath the field that their lives were given to win. . Subsequently, at the invitation of the agent for the Governor of . Pennsylvania, I appointed a commissioner to meet commissioners from the other States interested in the Soldiers' N n.tional Cemetery, and to arrange for the completion thereof. 'l'he commissioners met in the city of Harrisburg, on the 17th of December last, and recom mended the following plan to be submitted to the different States interested, through their respective Governors : 21 First. That the Commonwealth of Pennsylvania shall hold the title to the land she has purchased at Gettysburg for the Soldiers' )fational Cemetery, i11 trust for the States having soldiers buried in said Cemetery, in perpetuity for the purpose to which it is now applied. Second. '!.'hat the Legislature of the Commonwealth of Pennsyl vani::t, be requested to create a corporation to consist of one trustee, to be appointed by each of the Governors of the States of Maine, New Hampshire, Vemwnt, Rhode Isltmd, Connecticut, Ne11· York, New Jersey, Pennsylvania, 1fal'yland, Delawm·c, "\Vest Virginia, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and such other States as may desire to be represented in this corporation,. which trustees s!iaU. at their first meeting be divided into three classes. The term of office of the first class to expire on the 1st of January, 1865. The second class on the.1st of Jan nary, 1866. The third class ou the 1st of' January, 1867. 'l'he vacancies thus occur ring to be filled by the several Governors, and the persons tl:us ap pointed to fill such vacancies to hold their office for the term of three years. 'fhis corporation to have exclusive control of the Soldiers'_ N aticmal Cemetery. Third. The following. is the estimated expense of finishing· the Cemetery: EnelGsing grounds $15,-000; burial expenses and supPrin rtending $6,000; headstones, $10,000; laying out grounds and plant ing trees, $5,000; lodge, $2,500; monument, $25,000; total, $62,500. Fourth. 'fhat the several States be asked to appropriate a snm or money to be determined by a division of the estimated expenses ac cording to representation in Congress, to be expended in defraying the cost of removing and reiutering the dead, and finishing the Ceme tery under dfoection of the -Cemetery corporation. Fifth. Wlrnn the Cemetery shall have been finished, the gl'Onncls are to be kept in order, t11e houses and enclosures in repair, ont of a fund created .by annual .appropriations made by the States which may be reprewnted in the cemctel'y corporation in proportion to their representation in Congress. . In accordance with the second paragraph of the aforesaid plan, I appointed J olrn R. Latimer, Trustee, on the part of this State in order that his name might be included in the act of incorporation to be su'hmitted to the Legisfature of Pennsylvania. I recommend that the General Assembly appropriate the sum of $425, the amount determined by a division of the estimated expenses according to the representation in Congress, to be expended in de fraying the cost of removing and re-intering the dead, and finishing the cemetery under the direction of the cemetery corporation. At ,the session of the General Assembly held on the 6th clay of' . January, .A.. D., 1863, an act was passed entitled "An act to cede eertain lands to the United States of America." This·act contained eonditions and qualifications that rendered it unacceptable .to the 22 general government. '.I.'he government, therefore, declined to use the lands for the purpose mentioned in the act. I recommend that the present act be repealed and that an act be passed ceding to tl1e . United States so much of .the land lyiug on Delaware Bay southeast of the old mole and between said old mole and the point of Cape: Henlopen, not exceeding 200 acres, as may be deemed necessary for the purpose of erecting a fort, battery, fortification or pier thereon. '.I.'he subject of furnishing to the government of the United States the required number of troops to aid in· quelling the existing rebel lion. against its authority, is one that has received much of my con sideration. Without any legislation and without any fund at my dis ·posal for this purpose, I have not been able to conduct recruiting as efficiently as I could have desired. Elsewhere, large bounties offered by state, county and town, in addition to the bounties already pro vided by the general government, arc securing to the respeethe States the full numbers of men required. I am convinced that simi lur efforts and means used in this· State would secure the speedy en listmeu t of suflicient men to fill the quota of the State under the re cent call of the President of the United States ,for 300,000 troops, and would thereby avoid the necessity of a draft in Delaware. I recommend a provision by which every person enlisting in this State, in the Army of the Union, may receive a fair sum as a bounty on behalf of the State. I hrid the honor to refer, in my Inaugural Address, to the debt of g-ratitude d·ue from the State to tlic noble men who had voluntarily enlisted to sustain the government in its efforts to suppress rebellion. After remarking 1ihat "those who have fallen should be hallowed in memory as brave men and true patriots who died for their country," I proceeded to speak of our duty to the living, and to say that "it becomes us, who enjoy the comforts of home by their sacrifices, and to whom security is guaranteed by their perils, to take care that suitable provision be made for the welfare of themselves and their families; and while private citizens are contributing from their bounty, I recommend tlmt the General Assembly shall appropriate such sum as may comport with the honor of the State and adopt suitable measures for its distribution. Especially do I recommend to your consideration the sick and wounded scattered in the various hospitals provided by the government. In this emergency, it is im~ possible th::it all can be tenderly cared for by the nation. Our own regiments are the members of our own families-the children of the State. I earnestly advise that an agent be appointed in its behalf to look after their welfare, ::incl that sutlieient funds be placed at his dis posal to ensure their comfort." 'l'he necessity for such measures is more urgent than ever. They are demanded by every consideration that can ::iddress itself to the benevolence, patriotism nnd humanity of us all. They are for above mere partisan issues, and appeal to those higherand better sentiments that cause us to feel a portion of the suffering of our race and call upon us to use every effort to 23 relieve it. A cold and rigorous winter is upon us ; every article of comfort and necessity is dear, and those who have not the means to provide must necessarily suffer much. I earnestly commend them to the sympathy and favorable consideration of the General As sembly. I cannot close this communication without expressing a, profound gratitude to the Almighty for his protection and care throughout another year; for the victories that He has given to the cause of Liberty and Union; for the preservation of our State from invasion; for upholding the Government and the ·laws; for the manhood which He has developed, and for the fortitude with which He has inspired our soldiers in the field aud in the. hospital; for the many gentle h'ands that He has raised to minister to the comfort and repose of the sick and the wounded. I invoke His blessing upon the citizen and the soldier; upon the State and General Government, and trust that this year may wttness the authority of the N ationlil Government vindicated and maintained, the laws everywhere enforced, and the country restored to permanent and honorable peace. WILLIAM CANNON. On motion of :0-Ir. Duncan, That portion of the Governor's Message which refers to the fami lies of volunteer soldiers, Was referred to a committee of throe, with leave to report by bill or otherwise, Whereupon, Messrs. Duncan, Bewley and Horsey were appointed said com mittee. On motion of Mr. Gemmill, That portion of the Governor's Message which refers to a national cemetBry at Gettysburg, Was referred to a committee of three, with leave to report by bill or otherwise. Whereupon, Messrs. Gemmill, Slay, and Fisher were appointed said committee. Mr. Gootee presented the petition of George W. Buchanan for a divorce, · Which, On his motion, - Was read and referred to a committee of three, with leave to re port by bill or Qt}!envise, Whereupon, 24 Messrs. Gootee, Whitby and Scribner were appointed said com• mittee. Mr. Slay presented the petition of Joshua Scotten for a divorce, Which, On his motion, Was read and refeITed to a committee of three, with leave· to re~ port by bill or other,visu, Whereupon, Messrs. Slay, Curtis, and Balley were appointed said committee. Mr. Bewley presented the remonstrance of Sarah E. Scotten against the passage of an act divorcing her and he1· husband, Joshua. Scotten, together with sundry letters, Which, On his motion, Were read and referred to the committee on the petition of Joshua Scotten: Mr. Gootee gave notice that he would, on to-morrow or sotne future day, ask leave to introduce a bill entitled, ".A.n act· to revise and amend an act entitled ' An act to incorporate the Green Branch Ditch Company,'" On motion of Mr. Lattomus, That portion of the Governor's Message which refers to granting J?ounty to volunteers, Was referred to a committee of three with leave to report by bill or otherwise, Whereupon, . Messrs. Lattomus, Stubbs and Fisher were appointed· said com- mittee. · Mr. Watson presented the petition of James Bayard Fisher, (n.) for a divorce, · Which, On his motion, Was read. Mr. Bewley moved, That the consideration of said petition be indefinitely postponed. On the question, "Shall the consideration of the petition be in- ' definitely postponed?" Mr. Gemmill called for the yeas and nays, 25 Which, being tuken, were us follows·: Yeas-Messrs. Allen, Builey, Bewley, Gootee, Horsey, Lattomus, Scribner, Slay, Stubbs, und Mr. Speuker-10. Nays-Messrs. Curtis, Duncun, Fisher, Gemmill, Hayes, Paxson, Raughley, Watson, and Whitby-9. So the motion Prevailed, And the consideration of the petition was indefinitely postponed. Mr. .A.lien presented the petition of the commissioners of the town of New Castle for an act amending the act of incorporation of said town, passed February 23, 1859, Which, On his motion, Was read and referred to a committee of three, with leave to re port by bill or otherwise, ,{ Whereupon, Messrs. Allen, Hayes. and Ranghley were appointed said· com- mittee. , Mr. Horsey presented the petition of William W. Dashiell, for an act to locate certain vacant lands, · Which, On his motfon, Was read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Horsey, Paxson and Scribner were appointed said com mittee. Mr. Duncan presented the petition of the Trustees of the ~etho dist Episcopal Church, at Newport, for an act to lease, or sell and convey, certain real estate; and also· a communication from Joseph Mas_on, Presiding Elder, in relation to the same, Which, On his motion, Were read and referred to :a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Duncan, Stubbs and Bailey were appointed said com mittee. On motion, The House adjourned until 10 o'clock to-morrow morning. 26 THURSDAY, January 14, 1864-10 o'clock, A. M. The House met pursuant to adjournment. Prayer by the Chaplain. Mr. Martin, Clerk of the Senate, being admitted, informed the House that the Senate had passed, and presented for the concurrence of the House, a bill entitled, "An act to enable Thomas Slaughter to survey and locate certain salt marsh therein named and complete his title to the same." On motion of Mr. "\Vatson, The bill just received from the Senate, Was read. Mr. Allen gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, ".A.n act to amend the act entitled ' .An act to incorporate a bank in Seaford, in the county of Sussex, under the name of 'The Dia~ mond State Bank.'" Mr. Watson presented a claim of Dr.· J\fark G. ~ofland, late ..Adjutant General of the State, against the State, Which, On his motion, Was read and referred to the Committee on Claims. Mr. Lattomus moved, . That the vote by which the petition of James Bayard Fisher, (n.) for a divorce, was indefinitely postponed, be reconsidered. On the question, " Shall the vote be reconsidered ?" Mr. Bewley called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Curtis, Duncan, Fisher, Gemmill, Hayes, Lattomus, Paxson, Watson, and Whitby-9. Nays-Messrs. Allen, Bailey, Bewley, Gootee, Horsey, Raughley, Scribner, Slay, Stubbs, .and Mr. Speaker-IO. . So the motion was Lost, ..And the vote was not reconsidered. 27 1Ir. Gemmill presented the petition of Abraham P. Shannon and others, for an act authorizing the Levy Conrt of New Castle County to have constrncted a tight bridge across the Christiana Creek at the village of Christiana. ' The Speaker presented the remonstrance of Walter F. Soutl1gate ag;ainst the same ; and also, the remonstrance of Samuel L. Eccles and others, against the same, Which, Were read and referred to a committee of three, with leave to re port by bill or otherwise, 'Whereupon, Messrs. Gemmill, Bewley and Scribner were appointed said com mittee. Mr. Duncan gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to amend Section 5 of Chapter 34 of the Revised Statutes of the State of Delaware," · The Speaker laid on the Clerk's table the petition of James Raw lins and others, for an act authorizing John M. Rawlins to straighten and shorten a certain public road in North West Fork Hundred, Sussex County, Which, On motion of Mr. Watson, Was read and referred to a committee of three, with leave to re port by biU or otherwise.· Whereupon, Messrs. Watson, Lattomus and Fisher were appointed said com mittee. The Speaker also laid on the Clerk's table the petition of Matilda Dickerson for a divorce, Which, On motion of Mr. Allen, Was read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Allen, Raughley and Paxson were appointed said com- mittee. · ·Mr. Watson, from the committee to whom was referred the petition of James Rawlins and others, reported a bill entitled, 28 "An act to authorize John M. Rawlins to change the location of, straighten and shorten a certain public road in North Vi! est Fork Uuncked, Sussex County," Which, On his motion, Was read. Mr. Horsey, from the committee to whom was referred the petition of vVilliam W. Dashie11, for an act to locate vacant land, reported a bill entitled, "An act to enable William W. D,ishiell to locate certain vacant land in Broad Creek Hundred, Sussex County, and to complete his title to the same." Which, On his motion, Was read. Mr. Duncan, from the committee to whom was referred the petition of the Trustees of the Methodist Episcopal Church, of Newport, New ·Castle County, reported a bill entitled, "A.n act to authorize the Trustees of the Parsonage Property belonging to the members of the Methodist Episcopal Church in the village of Newport, New Castle County, to sell or lease certain pro perty in said village," Which, On his motion, . Was read. Mr. Allen, from the committee to whom was referred the petition of James Stuart and others, for an act to authorize the laying out of a street in Seaford, reported a bill entitled, ·" .A.n act appointing commissioners to lay out a public. street in the town of Seaford, to be called East Street," Which, On his motion, Was read. On motion of Mr. Duncan, Rule 12 was suspended in order that the bill entitled, "An act to authorize the Trustees of the Parsonage Property belonging to the members of the Methodist Episcopal Church in the village of Newport, New Castle County, to sell or lease certain pro perty in said village," 29 Might be reud 11 second tiice by its title. Ancl the bill w11s so read. And, On his further motion, Rule 12 was again suspended, in order that the bill might be read a. third time, with a view of passing tho House, And the bill was so read. Oh the question, " Shall this hiU pass the House ?" '.!.'he yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Allen, Bailey, Bewley, Curtis, Duncan, Fisher, Gemmill, Gootee, Hayes, Horsey, Lattomus, Paxson, R11ughley, Scribner, Slay, Stubbs, Watson, Whitby, and Mr. Speaker-19. Nays-None. So the question having received a two-third vote, The bill Passed the House. Ordered to the Senate for concurrence. On motion, '.!.'he Honse adjourned until 3 o'clock this aftern~o11. SAME DAY-3 o'clock, P. M. The Rouse met pursuant to udjournment. Mr. Gootee, from the committee to whom was referred the petition of George W. Buchanan, for a divorce, reported a bill entitled, "An act to divorce George W. Buchanan and Hannah Buchanan from the bonds of matrimony," Which, On his motion, Was read. Mr. Gemmill gave notice tlntt he would, on to-111or1•ow or some future day, ask leave to introduce a bill entitled, "An act to enable Samttel :Bm•nham to cut a ditch through land of Samuel Dale, (n)." 80 . Mr. :Mat•tin, Clerk of the Senate, being admitted, informed tho House that the Senate had passed and asked the concurrence of the House in the Joint Resolution convcning the two Houses of the General Assembly in joint ntcotiug, in the Hall of tho House of Representatives, on 'l'uesday, tho 19th inst., at 7 o'clock, P. l\L, to hoar by counsel the application of Henry Stout for a divorce. On motion of Mr. Bowley, 'rhe Senate Joint Resolution just received, Was read, and the further consideration thereof postponed, until 'to-morrow morning, at 10 o'clock. On i:notion of Mr, Gemmill, Tho bill entitled "An act to enable tltc Executors of Giles Lamb· son, deceased, to .sell and convey certain real estate," Was read a second .time by its title. :Mr. Stubbs gave notice that he would, on to-rnonow or some future day, ask leave to introduce a bill entitled, "An act to enable ·certain perso11s therein named to erect a gate across a public road." Mr. Allen gave notice that he would, on to-morrow or some future tlay, ask leii,ve to introduce a bill entitled, "An act relating to the exportation of oysters from this State." . Mr. Gemmill gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill ontitled, "An act to amend Section 16 of Clrnpter 16 of the Revised Code. '1 On motion, 'J:he House adjourned until 9 o'clock to•morrow morning. t'm1JAY, January 151 1864-9 o'clock,.A. M. 'l1he Honse met pursuant to adjournment. Prayer by the Chaplain. On motioil of :M:r. Wutson, . ~1.'he reading of the journal of yesterday- was dispensed with until the hext mc1;Jting. , 81 Mr. Allen, from the committee to whom wns referred the petition bf Allen V. Leslie, ':11own Commh1sioner, and others, for an act to vacate a certain. street or Iiig·h way in the town of Now Castle, re• ported a bill entitled, "An act to vacn,tc n, certnin street or highway in tho town of New Castle and make a new ono in its stead," Which, On his motiou, vV as read. On motiori of Mr. Horsey, 'l'he bill entitled "An act to enable William W. Dashiell to locate -certain \'licant land. in Brottd Creek Hlmdrecl, Sussex County, and to complete his tit.le to the same," Was read a second time by its. title. :Mr. Sluy presented the petition of George B. Dicksoti, for an act to make index to marriage record from 1847 to 1861, Which, On his motion, . Was read and referred to a committetJ of three, with leave to 1'0• port by bill or otherwise, Whereupon, .Messrs. Slay, Gootee and !tayes were appointed said committee. :Mr. Scribner gave notice that he would, dil to-morrow or some future day, ask leave tu introduce a bill entitled, "An act to st1•ttig·hten a road in Cedar Creek Hundred, Susse:s County.ii On motion of )\,Ir. Gemmill,· The bill entitled, "An act to enable the Eifocutors of Giles Lamb· son, deceased, to sell and ~ouvey certain real estate," Was foi:td a third time, and by paragraphs; and , PasiJed the Hoitiie. Ordered to the Senate for concurrence. Mr. Scribner gave notice that he would, dh to-11ldh·ow or somtJ future clay, ask le:we to introduce a bill entitibd, ",A.n act to amend Chapter 290 of the Laws of the 'State of Delaware." Oii motion df Mr. Watson, 32 The Senate bill entitled, "An act to enable Thomas Slaughter to survey and locate certain salt marsh therein mentioned, and complete his title to the same," Was read a second time by its title. Mr. Allen, in pursuance of previous notice, Asked, And obtatned leave to introduce a bill entitled, "An act to amend the act entitled 'An act to incorporate a bank in the town of Seaford, in the County of Sussex, under the name of the Diamond State Bank' " Mr. Duncan, in pursuance of previous notice, Asked, And, · On motion of Mr. Whitby, Obtained leave to introduce a bill entitled, "An act to amend Section Y, of Chapter XXXIV, of the Re- vised Statutes of the State of Delaware/' Which, On motion of Mr. Duncan, Was read. Mr. Stubbs, in pursuance of previous notice, A~ked, And, On motion of Mr. Watson, Obtained leave to introduce a bill entitled, "An act to enable certain persons therein named, to erect . a gate across a public road," Which, On motion of Mr. Stubbs, Was read. On motion of Mr. Bewley, The Senate Joint Resolution in relation to a joint meeting iri the Stout Divorce Case, . . Was read. Mr. Bewley offered an nmendment to snid resolution, 33. \Vhich, was ren,d, as follows : "Amend the joint resolution by adding the following: " 'And that John Green, Esq., Speaker of the Senate, be and he is hereby authorized to issue writs of summons, directed to the Ser geant-at-Arms of the Senn,te, for the appearance of such witnesses .is may be designated by the counsel of the respective ·parties; and the said Sergeant-at-Arms is hereby authorized and required to serve 1 the same, either by himself or his deputy; and that in default of the appearance of any of the witnesses, summoned as aforesaid, the said Speaker of the Senate is hereby authorized to issue .a writ of attach ment, directed as aforesaid, to compel their appearance ; the parties being required to pay the expenses of the witnesses designated by them respectively.' " Mr. Bewley also presented a letter from John B. Penington, Samuel M. Harrington, Jr., and John 0. Slay, counsel for Sophia Stout, wife of said petitioner, Which, On his motion, Was read. On motion of Mr. Williams, The Clerk was instructed to request of the Senate to send to the House the papers having relation to the application of Henry Stout for a divorce. · Mr. Martin, Clerk of the Senate, being admitted, presented to the House the papers in the Stout Divorce Case.· On motion of Mr. Williams, The papers just received from the Senate, Were read. On motion of Mr. Bewley, The amendment offered by him to· the Senate Joint Resolution providing for a joint meeting of the two Houses to hear the Stout Divorce Case, Was Adopted, And, On his further motion, I The Senate J oiut Resolution, as amended, Was Concurred in. Ordered that the resolution be returned to the Senate, and their concurrence in the .amendment requested. H3 34 Mr. Gemmill, in pursuance of previous notice, Asked, And, On motion of Mr. Curtis, Obtained leave to introduce a bill entitled, " An act to enable Samuel l3nrnhmu to cut a ditch through lal of Samuel Dalo, (n.)," Which, On motion of Mr. Gemmill, Was reacl. Mr. Martin, Clerk of· the Senate, being admitted, informed tl1 House that the Senate had passed, ::ind requested the concurrence <: the House in a bill entitled, "An act to divorce William Forcakers and Mary .A.nn Foreaker from the bonds of matrimony," Which, On motion of Mr. Watson, Was read. On motion of Mr. Gootee, The bill entitled, "An act to divorce George W. Buchanan and Hannah Buchanan from the bonds of matrimony," Was read a second time by its title. Mr. Lattomus, on behalf of the committee to whom was referred that portion of the Governor's Message relating to bounty to volun teers or soldiers, Asked, And, On motion of Mr. Watsoni Obtained fu~ther time to report. Mr. Gemmill, on behalf of the committee to ,vhom was referred that portion of the Governor's Mes:iage which relates to the National Cemetery at Gettysburg, Asked, And, On motion of Mr. Bewley, Obtained further time to report. 35 ', Mr. Dunca,n, on behalf of the committee on tha,t pa,rt of the. Gov _ernor's Message in rcfation to aid to the families of volunteers, . Asked, And, On motion of Mr. Watson, Obta,ined further time to report. Mr. Allen, from the committee to whom wasreferred the petition of .A .. V. Leslie and others, town commissioners of N cw Castle, in relation to a certain projectecl change of street in said town, Asked, And, On motion of Mr. Bewley, Obta,inecl"fnrther time to re1Jort. Mr. Martin, Clerk of the Senate, being a,dmitted, informed the House that the Senate had concurred in the House amendment to the Senate Joint Resolution convening the two Houses, to hear the evi dence a,nd counsel upon the application of Henry Stout for divorce. On motion, The House acljournecl until Monday evening next, at 8 o'clock. MONDAY, January 18, 1864-8 o'clock, P. M. The Rouse met pursuant to adjournment. j\fr. Watson gave 11otice tha,t he would, on to-morrow or some fu. ture day, ask leave to introduce a bill entitled; "An act to stmighten a road in Cedar Creek Hundred." Mr. Wa,ples guve; notice thut he would, on to-morrow or some fut11re day, ask lea,ve to introduce a, bill entitled, . "An a,ct to. clmngo the na,me of Williumina, Stevens Henry to Maria Marga,ret Ashton Henry." Mr. Bailey presentecl the ·petition of Ezekiel Bla,ckiston. for a, div<'rce, Which, On his motion, Was read and referred to a committee of three, with leave to re• port by bill or otherwise. Whereupon, Messrs. Bailey, Bewley and Whftby were appointed· said com mittee. Mr. Watson gave notice that he would, on to-morrow ·or some· future day, ask leave to introduce a bill entitled, "A further supplement to an act granting 'An act to facorporate a bank in Milford, under the name of the President, Directors and Company of the Farmers' and Mec~anics' Bank of Milford.'" Mr. Waples presented tlie petition of Davis Marshall· and others, devisees of Aaron Marshall, deceased, for an act vesting certain rights in said petitioi1e1;, Which, On bis u1otion, Was read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Waples, Williams and Horsey were appointed said com mittee. Mr. Allen presented the petition of .H. W. Baker and others, praying an act authorizing the sale of the Academy in Seaford, Which, On his motion, Was read and referred to a committee of three, with leave to re- port by bill or otherwise; Whereupon, Messrs. Allen, Curtis a:nd Sthbbs were appointed said committee. Mr. Slay, from the committee to whom was referred the petition of Joshua Scotten for a divorce, rei)Oi'ted a bill cnti tled, "An act to divoi'ce J oshtia Scotten and Sarah Elizabeth Scotten from the bonds of matfrliiony." Mt Watson gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, ".An' act to revive and contitiue in force the act entitled 'Ai1 act to enable W uitman Jones to locate certain vacant land in North 37 West Fork Hundred, in Sussex County, and to complete his title to . the same,' passed at Dover, February 15th, ISM)." Mr. Waples presented the petition of Mary A. Milby for a di- vorce, Which, On his motion, ·was read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Waples, Lattomus and Ra.ughley were appointed said committee .. Mr. Bailey presented the petition of Elias 'l'aylor and others, for an act to vacate a public road in Sussex County, Which, On his motion, Was read and referred to a committee of three, with leave to re port by bill or otherwise, Whereupon, Messrs. Bailey, W.atson and Curtis were appointed said com mittee. On motion, 'l'he House adjourned until 10 o'clock to-morrow moming. T,UESDAY, January 19, 186:i-10 .o'clock, .A. M. _'rhe House met pursuant to adjoumment. Mr. Allen, on behalf of the committee to whom was referred -the petition of the Commissioners of the town of New Castle, in relation to -a certain ·projected ·change of street, reported a 'bill entitled, " .An act in relation to a certain projected change of street in the town of New Castle," Which, On his motion, Was read. 38 Mr. Waples, from the committee to whom was referred the peti~ tion, of Davis Marshall and others, for an act to vest certain pro perty in fee in t~ie heirs of .Aaron Marshall, deceased, reported a bill entitled, · · " An act for the benefit of the heirs of Aaron Marshall, de- ceased," Whi~h, On his motion, Was read. Mr. Fisher presented the petition of Aaron B. Marvel and others, for an act authorizing the binding of a certain Index to the Records of the Recorder's office, of Sussex County, 'Which, ,Vas read, And, On his motion, Referred to u committee of three, with leave to report by bill or otherwise, Whereupon, Messrs. Fisher, Bewley and Duncan were appointed said com mittee. Mr. Watson presented the petition of William Shockley, Jr., und others, for an act for the better protection of sheep, Which, ,Vas read, And, On his motion, Referred to a committee of three, with leave to report by bill or otherwise, Whereupon, - M9ssrs. Watson, Waples and Whitby were appointed;saicl com~ mitte_e. On motion of Mr. Duncan, The House bill entitled, '' An act to. amend Section 5 of Ohapte1' 34 of the Revised Statutes of the State of Delaware,l', .. W us read a second time by its title. 39 Mr. Fisher presented the petition of John Stockley and others, for the passage of an act to authorize the laying out a street in the town of Milton, Which, Was read, .A.nd, On his motion, Referred to a committee of three, with leave to report by bill or otherwise, Whereupon, Messrs. Fisher, Williams and Hayes were appointecl said com mittee. On motion· of Mr. Horsey, The bill entitled, " .An act to enable William W. Dashiell to locate certain vacant lands in Broad Creek Hundred, Sussex. County, and to complete his title to the same." Was read a third time, and by paragraphs, and Passed the House. Orde1·ed to the Senate for concurrence. On motion of Mr. Watson, The Senate bill entitled, ".An act to enable 'l'homas Slaughter to survey and locate a certain salt marsh therein named, and to com plete his title to the same," Was read a third time by paragraphs, and Passed the House. Ordered that the Senate be informed thereof, .and the bill i·eturned to that body. On motion of Mr. Slay, The ·House bill entitled,· ".An act to divorce Joshua Scotten and Sarah Elizabeth Scotten from the bonds of matrimony," Was 1;ead a seconcl time. by its title. · On motion of Mr. Watson, The Senate bill entitled, ".An net to divorce. William Foreakers and Mary .Ann Foreakers from the bonds of matrimony," Was rend a second time by its title. On motion of Mr . .Allen, The bill entitled, "An act appointing commissioners to lay out a street in the Town of Seaford, to be called East Street," 40 Was read a second time by its title, .And, On his further motion, Rule 12 was suspended, in order to read the bill a third time, .And, On his further motion, The bill was so read, and Passed {he H6use. Ordered to the Senate for concurrence. Mr. Waples presented the petition of James A. Dodd and others, for the passage of an act to enable them to locate certain vacant lands in Lewes and Rehoboth Hundred, Sussex County, Which, Was read, .And, On his motion, Referred to a committee of three, with leave to report by bill o:r otherwise, Whereupon, Messrs. Waples, Stubbs and Paxson were appointed said com- mittee. Mr. Watson, in pursuance of previous notice, .Asked, And, On motion of Mr. Williams, Obtained leave to introduce a bill entitled, "An act to revive and continue in force the act entitled ·t.An ·aet, to enable Waitman Jones to locate certain vacant lands in North West Fork Hundred, in Sussex County, ancl to complete his title to the same,' passed at Dover, February 15th, 1859;'' Which, On motion of Mr. Watson, Was read. l\fr. '.lllen, in pursuance of previous notice, : Asked, And, 41 On motion of Mr. Watson, Obtained leave to introduce a bill entitled, "An act relating to the exportation of oysters from this State," Which, On motion of Mr. Allen, Was read. On motion of Mr. Watson, The bill entitled, '" An act to authorize John M. Rawlins to change the location of, straighten and shorten a certain public road in North West Fork Hundred, Sussex County," Was read a second time by its title. On motion of Mr. Allen, The bill entitled, " ..An act to vacate a:certain street fa the town ,of New Oastle, and make a.new one in its stead," Was read a second time by its title. , On the further motion of Mr. Allen, Rule112 was suspended in order to read the bill a·third time,· And, On his further motion, The bill was so read, And Passed tlie llouse; Orde1·ed. to the Senate for concurrence. Mr. Watson, in _pursuance of previous notice, Asked, And, ,/ On motion of Mr. Bailey, Obtained leave to introduce a bill entitled, ".An act to straighten a road in Cedar Creek Hundred, Sussex: -Oouuty," Which, On motion o'f ]\fr. 'Watson, Was read. ·on i:µotfon 9f 'Mr. Stubbs, , The bill :entitled, lliA:n:actito entibleicertainpersons thereinmamed to erect a gate across a public road," . · 42 Was taken up for consideration. On the further motion of Mr. Stubbs,• ' The petition accompanying·said bill,. Was read, And, On his further ·motion, The bill was reacl a second time by its title. . , . . Mr. Watson, in pursuance of previous notice,· Asked,' .And, On motion of Mr. Fisher, Obtained leave to introduce a pill entitled, ".A further supplement·to an act granting.:in act to.incorporate a bank in Milford, under the •name of-the ·President, Directors and Company of the Farmers' and Mechanics' Bank of Milford," _. Which, On motio_n of Mr. Watson, Was read. Mr. Waples presentecl the claim of James Ki_rk again~t.the State> Which, .Was read and referred to. the Committee on Claims. On motion, , The House adjourned.until 3 o'clock_~his afterMon'. l" SAME .DAY-3 o'clock, J:>. ·M. ' . . . . The House met pursuant to adjournment...... Mr. Gemmill presented the petition of the. Levy .Coiirt Coinmis sioners of ~ ew Castle County, praying f Which, Was ~·ead, A.nd, On his motion, Referred to a committee of three, with leave to report by bill or otherwise, Whereupon, Messrs. Gemmill, Gootee and Scribner were appointed said com- mittee. · Mr. Slay, from the committee to whom was referred the petition of George B. Dickson, for the passag·e of an act to authorize the making of an index to marriage record, from 1847 to 1861,reported a bill entitled, ".A.n act to authorize Georg·e .B. Dickson to make an index to the old marriage record in the Recorder's office of Kent County, from the year 1847 to 1861," Which, On his motion, Was read. Mr. Gemmill, from the committee to whom was referred that por tion of Gov. Cannon's Special Message, relating to the National Cemetery at Gettysburg, Reported a joint resolution directing· the State Treasurer to pay to the order of Gov. William Cannon the sum of four hundred .and twenty-five dollars toward the Soldiers' National Cemetery, at Gettysburg, with the recommendation that it be adopted -by the Honse,- Which, On his motion, Was read. Mr. Gemmill moved, That the resolution be adopted. Mr. Watson moved, That its further consideration be postponed ·until next Tuesday morning, at 10 o'clock, · .And the House being divid_ed on _the question, The yeas and nays were ordored, · Which, being taken, were as follows : 44 Yeas-Messrs. Allen, Bailey, Bewley, Fisher, Gootee, Horsey, Raughley, Slay, Stubbs, Waples, Watson, Williams and Mr. Speaker ~a . Nays-Messrs. Curtis, Duncan, Gemmill, Hayes, Lattomus, Pax son and Whitby-'T. So the motion Prevailed, And the resolution was so postponed. Mr. Gemmill offered a joint resolution 9:djourning the two Houses of .the General .Assembly on Friday, the 22d inst., ,at ll o'clock, .A.. M., sine die, Which, Was read. Mr. Gemmill moved,· .That the resolution be.adopted, .And, On the question, " Shail the resolution be adopted ?" The yeas and nays were ordered, Which, being taken, were as follows: Yeas-Messrs. Curtis, Duncan, Gemmill, Hayes, Lattomus, Pax- son and Whitb1--i14 · Nays-Messrs. Allen, Bailey, Bewley, Fishei:, ·Gootee, Horsey,, Raughley, Slay, Stubbs, Waples, Watson, Williams and Mr. Speaker -13. So the motion was Los(, .And the ,resolution was -lost. Mr. Duncan presented the claim of 0. P. Johnson against -the State, Which, · Was read and referred to the Committee on Claims. Mr. Waples, in pursuance of previous notice, .Asked, , And, !Onrmotion,of .Mr. ,:Gemmill, Obtained leave to introduce a bill entitled, " An act to change the name of Williamina. Stevens :Henry to .Maria Margaret .Ashton Henry," Which, 45 On motion of Mr. W aples1 Was read. Mr. Martin, Clerk of the Senate, beiug admitted, informed the Rouse that the Senate had passed, and requested the concurrence of the House in a bill entitled, "An act to divorce Charles H. Cattell and Ann B. Cattell from the bonds of matrimony." On motion of Mr. Allen, The bill and accompanying papers, Were read. On motion of Mr. Duncan, The further consideration of said bill was postponed until next Friday, at 10 o'clock, A. M. On m.otion of Mr. Allen, Rule 12 was suspended' in order to enable him to introduce a bill, When he sent to the Clerk's table a bill entitled, "An act supplementary to an act entitled ' An act regulating the sale of intoxicating liquors in the State of Delaware,' passed at Dover, March 6th, 1861," Which, On his motion, Was read. Mr. Bewley offered a resolution appointing· Charles P. Wetherby Assistant Clerk of the House during the hearing of the application of Henry Stout for a divorce, Which, Was read, And, On his motion, Adopted. Mr. Allen g·ave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act for the benefit of the State of Delaware." Mr. Duncan gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to define and prevent certain nuisances." On motion of Mr. Watson, 46 The Senute bill entitled, "An net to amend 011 act entitled ' An act authorizing the Recorder of Deeds of Kent County to copy 1 · indices,' passed 11t Dover, January, 24, 1861," Was read. llfr. Bailey, from the committee to whom wrts referred the petition of Ezekiel Blackiston for a divorce, reported a bill entitled, '' An act to divorce Ezekiel Blackiston nncl Mary, his wife, from the bonds of matrimony," Which, Was read. Mr. Bailey, from the committee to whom was referred the petition of Elias '.l'aylor and others, fol' the passage of au act to vacate a part of a cert:i.in public road, reportcda bill entitled, " An act vacating ar part of a county road in Sussex County, State of Delaware," Which, \Vas reacl. .On motion, The House acljonrncd until 6 o,clock and 50 minutes this evening. SAnnl DAY-6.50 o'clock, P •. M. 1.rh13 fiouse met ptt1'strnnt to acijoumment. On motion of Mr. Bowley, 'fhe Clerk was directed to il1form tho Senate that the House would be ready to receive them in five minutes, in joint meeting in the Hall of the House of Representatives, for the hearing of the _Stout Di· vorce Case. At the time fixed, the members of the Senate, preceded by their Speaker, and attended by their Clerk ancl Serge0,nt-at-Arms, enterecl the Hall of the House and took the scats prepared for them. 47 J"OIN'.l' MEJJJTING·. rruESDAY, January 19, 1864-7 o'clock, P .. M. tJ'he two Houses being thus convened in joint meeting, On motion of :M:r. Sttulsbuty, of the Senate, _ The joint resolution .convening the two Honses of the General Assembly in joint meeting·, to hear counsel in the Stout Divorce Case, Was read. 'fhc names of the witnesses were then callecl by the Clerk of the Sena.te. Eli SMlsbm;y, Esq., then proceeded to open the case on behalf of his client, Henry Stout, the petitioner, and commenced the e::rnmina tion of witnesses, and n.fter some time spent therein; On motion.of Mr. Saulsbury, of the SeMte, The two Houses separated, to meet in joint meeting, to-morrow evening, at 7 o'clock, and the Senators returned to their chamber. On motion, The House adjourned until 10 o'clock, to-morrow morning. WEDNESDAY, J"anm1ry 20, 1864-10 o'clock, A.· M, The Honse met pursuapt to adjoumment. Prayer by the Clu1pbin. On motion of Mr. Williams, The reading of the journal was dispensed with. On motion of Mr. Allen, The bill entitled, "An act supplementary to an act entitled 'An act regulating the sale of into)>.icating liquors, &c.,' passed at Dover, March 6, 1861/l Was read a seconcl time by its title. Mr.. Watson, from the committee to whom was referred the peti• tion of .William Shockley, Jr., and others, for the passage of an act for the bette1• protection of sheep, reported n bill entitled, 48 "An act for laying a tax on dogs, and for the better protection of sheep," Which, Was read. Mr. Scribner, in pursuance of previous notice, Asked, And, On motion of Mr. Watson, Obtained leave to introduce a bill entitled, "An act supplementary to the act entitled 'An act to enable the citizens of the town of South Milford, in Sussex County, to keep in repair the public road in said town and vicinity,'" Which, Was read. On motion of Mr. Watson, The Senate bill entitled, "An act to divorce William Foreakers and Mary Ann Foreakers from the bonds of matrimony," Was read a third time, by paragmphs, in order to pass the House, And on the question, " Shall this bill pass the House ?" Mr. Scribner called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allen, Fisher, Gootee, Horsey, Lattomus, .Paxson, Scribner, Slay, Waples, vVatson, and Mr. Speaker-II. Nays-Messrs. Curtis, Gemmill, Hayes, Raughley, Stubbs, Whitby and Williams-'r. So the question P1·e-vailed, And the hill Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body. On motion of Mr. Slay, The bill entitled, "An act to divorce J oslma Scotten and Sarah Elizabeth Scotten from the bonds of matrimony," Was taken up for consideration, And the papers accompanying the bill, Were read, When, 4D On motion of Mr. Gemmill, The further consideration thereof, was postponed. Mr. Watson gave notice that ho would, on to-morrow or some future day, ask letwe to introduce a bill entitled, "An act authorizing William Tharp, 11.clministrator of Bethuel v\Tatson, to pay e_ertain legacies.'-' :Mr . .Allen, from the committee to whom was referred the petition of :Matilda Dickerson, for a divorce, Asked, And, On motion of Mr. Watson, Obtained further time to report. :Mr. Horsey gave not_ice that he would, on to-morrow or some fnture day, ask leave tu introduce a bill entitled, "An act to amend Section 1 of Chapter 59 of the Revised Code." On motion of Mr. Waples, The bill entitled, "An act for the benefit of the heirs of Aaron Marshall, deceased," vVas read a second time by its title, And, On his further motion, The bill entitled, "An act to change the name of Williamina Stevens Henry to Maria Margaret Ashton Henry," Was read 11, second time by its title. On motion of Mr. W1ttson, The bill entitled, "A further supplement to an act granting an act to incorporate a bm1k in Milford, under the name of the Presi dent, Directors and Company of the Farmers' ancl Mechanics' Bank at Milford," Was read a seconcl time by its title. On motion of Mr. .Allen, The bill entitled, " An act to amend the 11,ct entitled ' An act to incorporate a bank in Seaford, in the county of Sussex, under the name of ' The Diamond State Bank.'" Was read a seconc1 time by its title. On motion of Mr. Watson,, The bill entitled,. "An act to stmighten a road in Cedar Creeli: Hundred, Sussex County,)' H4 50 Was read a seeoncl tilllc by its title. On motion of Mr. Allen, The bill entitled, "An act relating to the exportation ot oysters from this State," Was read a second time by its title. On motion, of Mr. vV atson, The bill entitled, "An act to amend ail act authoi;izing the Res corder of Deeds of Kent County, to copy indices, passed at Dover, J annary 24, '1861," Was read a second time by its title. On motion of Mr. Slay, The bill entitled, "An act to ttuthorizc George :i3. Dickson to make an index to the old marriage record in the Recorder's office of Kent County, from the your 1847 to 1861," W us reucl a second time by its title. On motion, The House adjourned until 3 o'clock this afternoon, ...:;:,:.:;..;...... ;,;.:....;.:. SAi\IE DAY-3 oiclock, P. M, The House met iJttrsmmt to iidjoumllient. On motion of ~Ir. Bailey, The bill entitled, "Au act vacdting ll. 1mrt of o. county toad i:ti Sussex County, State of Delaware," Was r.ead a second time by its title. On motion of Mr. Watson, The bill entitled, "An act to revive tinci Mil.tinM ii1 force the act entitled 'An act to enable Waitman Jones to locate certain vacant land in North West Fork Hundred, in Sussex County, and tQ com• plete his title to the same,' passed at Dovor, Feb1'mwy 15, 1859," Was read a second time by its title. 51 Mr. Bewley presented the petition of J oh11 P. Springer ancl others, of Wilmington, for the passage of an act to repeal the Jaw requiring the prepayment of' municipal taxes before voting at any mtfaicipal election, • Which, Was read, .Ancl, Ou his motion, Referred to a committee of throe, with leave to report by bill or .otherwise, Whereupon, Messrs. Bewley, Curtis and Waples were appointed said com mittee. On motion of ]\fr. Slay, The bill entitled, " An act to divorce Joshua Scotten :111d Sarah Elizabeth Scotten from the bonds of matrimony," Was read a third time, by paragraphs, in order to pass the House. 1rhe question being, " Shall the bill pass the House ?" On motion of Mr. Bewley, The papers accompanying the bill, Were read. Mr. Gemmill called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs . .Allen, Bailey, Fisher, Horsey, Lattomus, Paxson, Raughley, Scribner, Slay, Waples, 1ifatsou, ancl lVIr. Speaker-12. Nays-Messrs. Bewley, Curtis, Duncan, Gemmill, Gootee, Hayes, Stubbs, Whitby, and Williams-9. So the question Prevailed, .And the bill Passed the House. Ordered to the Senate for concurrence. lVIr. Watson gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to incorporate "l'he Wilmington Connection Railroad,' being a road to connect the City of Wilmington with the proposed road from Washington to New York." · 1\fr. Fisher, from the committee to whom was referred the petition of .A. P. Marvel and others, for th~ re-binding of a certain record book, reported a bill entitled, - 52 ".A.n ::tet to authorize the re-binding and transcribing ofcerfain indexes to the records· in the offi The bill. was read a .third time, as mueneled1, in order to· pl\SS the Rouse, And on the question, "Shall the bill pass the House ?11 . 53 };Ir. Gemmill callccl for the yeas ancl nays, Which, being· taken, were as follows : Teas--Messrs. Allen, Bailey, Bewley, Curtis, Fisher, Gootee, Horsey, Lattomus, Paxson, Raug·hlcy, Scribner, Slay, Waples, Watson, ancl :i\Ir. Speakei·-15. Nays-1\Iessrs. Duncan, Gemmill, Hayes, Stubbs, Whitby, and Williams-6. So the question Prevailed, Ancl the bill Passed the House. Ordered to the Senate for concmTcncc. Mr. Waples, from the committee to whom was referred the petition -0f :i\fary A. Milby, for a divorce, reported a bill entitled, "An act to divorce Mary A. Milby, of Sussex County, Delaware, and Nathaniel Milby, from the bonds of matrimony," Which, Was read. :Mr. Curtis gave 1iotice that he would, on to-morrow or some future "An act to incorporate Hermann Lodge, No. 29, of the Indepen dent Order of Odd Fellows, of Wilmington, Delaware." On motion of Mr. Bailey, The bill entitled, "An act to di~orce Ezekiel Blackiston and Mary, his wife, from the bonds of matrimony," Was read a second time by its title. Mr. Stubbs moved, That the bill entitled, "An act to enable certain persons to erect a gate across a public road," be read a third time, by paragraphs, in order to pass the House. Pending which question, On motion of Mr. Bewley, The further consideration thereof was postponed until to-morrow· morning, at 10 o'clock. On motion of Mr. Allen, '!.'he Semite bill entitled, "An act to divorce Charles R. Cattell and Ann B. Cattell from the bonds of matrimony," Was read a second time by its title. On motion of l\ir. Duncan, The bill entitled, "An act to amend Section 5 of Chapter 34 of the RevisP.d Statutes of the State of Delaware," Was read a third time, and by paragraphs, and Passed the House. Ordered to the Senate for concurrence. Mr. Allen, in pursuance of previous notice, Asked, And, On motion of Mr. Fisher, Obtained leave to introduce a bill entitled, "An act for the benefit of the State of Delaware," Which, On motion of Mr. Allen, Was read. On motion, The House adjourned until 6 o'clock and fifty minutes this evening. 55 SAME DAY-6.50 o'clock, P. M. The House met pursuant to adjournment. On motion of Mr. Williams, The Clerk was directed to inform the Senate that the House would be ready to receive them in five minutos, in joint meeting·, in the Hall of the House of Representatives, for the hearing of the Stout Di vorce Case. At the time fixed, the rnembors of tho Senate, preceded by their Speaker, und uttended by their Clerk und Sergeant-at-Arms, entered the Hull of the House and took the soa,ts prepared for them. JOIN'.L' MEETING-. vVEDNESDAY, January 20, 1864-7 o'clock, P. M. The two Houses being thus convened in joint meeting, The list of witnesses was called, rind the counsel resumed the ex amination of 'witnesses. A discussion having al'isen us to the admissibility in evidence of a certain paper purporting to be a certificate of the marriage of the parties, On motion of Mr. Williamson, of the Senate, It was laid aside. After some further time spent in the examination of witnesses, On motion of Mr. Allen, of the House, The two Houses separated, to meet again in joint session, to-mor row afternoon, at 2 o'clock. On motion, The House ucljournecl until 10 o'clock to-morrow morning. 56 'fnURSDAY, January 21, 1864-10 o'clock, A. M. 'fhe House met pursuant to adjournment. Prayer by the Chaplain. On motion of Mr. ,,;r aples, • '.!.'he readiog of the journal was disp,ensed with. Mr. Horsey, in pursuance of previous notice, Asked, And, On motion of :Mr. y\T atson, Obtained leave to introduce nbill entitled, "An act to amend Section 1 of Clrnptor 59 of the Revised Code, entitled 'Of Ditches,'" Which, On motion of :Mr. Horsey, Was read. On motion of Mr. Watson, The bill entitled, "A further supplement to an act granting au act to incorporate 11, bank in Milford, under the n:i,me of the Presi dent, Directors and Company of the Farmers' and l\iechanics' bank of Milford," I Was read a third time, nncl by paragraphs, And on the question, "Shall the bill, pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Allen, Cnrtis, Fisher, Gemmill, Gootee, Hayes, Horsey, Lattomns, Paxson, Raughlcy, Scribner, Slay, Stubbs, \Vaples, Watson, Whitby, Williams, and Mr. Speaker-18. Nays-None. So the bill having received the constitutiono,l mnjority, Passecl the House. Ordered to the Senate for concurrence. Mr. Martin, Clerk of the Sellltte, being ao.mitted, informed the Honse that tho Senato had oonenrrod .in the House bill entitled, 57 ''' Au act to enable the Executors of Giles Lambson, deceased, to sScll and convey certain real estate," with· an amendment, in which the concurrence of the House was requested. On motion of Mr. Watson, The amendment was read, as follows : SENATE, ,Tan nary 20, .1864. ".A.mend the bill by adding after the word ' therefore,' in the last line of the preamble, as follows, viz.: ' Section 1.' "Extract from the journal. For concurrence. "E. L. MARTIN, · " Oler le of the Senate." On motion of :Mr. Gemmill, · The amendment was Concurred in. Ordered that the Senate be informed thereof. On motion of Mr. Watson, The bill entitled, ".A.n act to straighten a road in Cedar Creek Runclrecl," Was read a third time, and by paragraphs, and Passecl the :House. Ordered to the Senate for concurrence. On motion of :Wir. Wap'les, The House bill entitled, "An act to change the name of Williamina Stevens Henry to :Marin. Margaret Ashton Henry," Was read a third time, and Passed the House. · Ordered to the Senate for concurrence. On motion of Mr. Allen, The bill entitled, "An act supplementary to an act entitled 'An act regulating the sale of intoxicating liquors, &c.,' passed at Dover, Tufarch 6th, 1861," v'ifas taken up for consideration. Mr. Allen offered an amendment to the bill, Which, On his motion, Was read, as follows.: "Amend _the bill by striking out all after the enacting· clause and inserting as follows : 58 'SECTION 1 .. No person shall keep a tavel'll, with t1ie privilege of' selling intoxicating liquors; without having ilrst obtained from the Olerk of the Peace a license for that purpose, upon the recommen: . dation of the J udgos of the Court of General Sessions ; the petition and license therefor and the privileges thereof, to be the same as under e:dsting statutes. ' SECTION 2. Strike out the words " Grand Jury, given under the hand of the forema11", in the third and fourth lines of Section 7, Chapter 108, passed at Dover, March the 6th, 1861, and insert in· lieu thereof the words "Judges of the Court of General Sessions." ' SECTIO:r-. 3. That all acts and parts of acts heretofore passed,' which may conflict with, or be contradictory to the provision of this ;:i,ct; be and the same D.re hereby repealed, made null and void.'" On motion of l\{r. Gemmill, The further consideration of the bill was postponed until Tuesday iiext, at 3 o'clocl~ P. M. On motion of Mr. Waples, The bill entitled, ·" An act fot· the benefit of the heirs of .Aaron '.)M:arshall, deceased," Was read a third time, and by paragraphs, and Passed the House. Ordered to the Senate for concurrence. Mr. Gemmill, from the committee to whom was referred the peti tion of a majority of the Levy Court of New Castle County, for an act to erect a public bridge over Blackbird Creek, in New Castle County, reported a bill entitled, · "An act to authorize and empower the Levy Court of New Cas tle County to erect a public bridge over Blackbird Creek, in New. Oastle County," Which, Was read. Mr. Lattomus presented a remonstracc of Samuel Townsend ancl others, citizens of Appoquinimink Hundrecl, New Castle County,, against the passage of a bill for the erection of a public bridge over Blackbird Creek, · Which, Was read. On motion of Mr. Watson, The bill entitled, " An act to revive and contin)le in force the act entitled 'An act to enable Waitman Jones to locate certain vacant. land in North West Fork Hundred, in Sussex Oounty, and to com plete his title to the same,' passed at Dover, February ~5th, 1859." 59 Was read a third time, and by parng'l'aphs, and Passed the House. Oi·dered to the Senate for concurrence. Mr. Fisher, from the committee to whom was referrecl the petition of citizens of Sussex County, for an act to fay out a public road in Broadkiln Hundred, reported a bill entitled "An act to authorize the faying out (l, public road in Broadkiln Hundred," Which, Was-reacl. On motion of Mr. Scribner, The bill entitled, "An act supplementary to the act entitled ' An act to enable the citizens of the 'town of South Milford, in Sussex County, to keep in repair the public ro~ds in said town and vicinity,'''. Was read a second time by its title. On motion of Mr. Watson, The Senate bill entitled, " An act to amend an act entitled ' An act authorizing the Recorder of Deeds of Kent County to copy indices,' passed at Dover, January 24, 1861," Was taken up for consideration. Mr. Gemmill moved, To strike out, in the first Section, the name of Philip Culbreth, Esq., and insert in lien thereof the name of Henry W. Dr(tper, Which, He withdre-w. On motion of Ml', Watson, The bill was read a third time, and Passed the House. OtdeTed that the Senate be info1'med thereof, and the bill returned. to that body. Mr. Raughley, under a suspension of the rules, Asked, And obtained leave to introduce a bill entitled, "An act entitled a supplement to Chapter 25, entitled 'An act tC\ incorporate the St. Jones' Brn,nch Ditch Company,' passed at Dovei\ February 7th, 1861 1" Which, Was read. 60 On motion of Mr. Watson, The bill entitled, "An aet to authorize J olm 1\£. Rawlins to change the location of, straighten and shorten a certain public road in . North 1\Test Fork Hnndred, Sussex County," Was read a third time, and by paragraphs, and Passed the House. Ordered to the Senate for concurrence. :Mr. Allen, from the committee to whom was referred tl1e petition of H. v\T. Baker and others, citizens of Seaford and vicinity, asking the passage of ::111 act authorizing the 'l'rustces of the Seaford Academy to sell the same at .public auction and distrihnte the pro ceeds equally between the two public schools in Seaford, reported a bill entitled, "An act to uuthorize the Trustees of the Seaford .A.cademy to sell and convey the old Academy building·, in the town of Seaford," Which, Was reac1. Oinnotion of Mr. Waples, The bill entitled, "An aet to divorce Mary A. Milby, of Sus'sex County, Delaware, and Natlrnniel Milby, from the bonds of matri mony," Was reacl a second time by its title. i:rr. Watson, 'in pursuance of previous notice, .Asked, · And, On motion of l\fr. Williams, Obtained leave to introduce a bill eiititlcd, · "An act authorizing William 'l'harp, Administrator· of Bethuel Watson, to pay certain legacies," Which, Was rcac1. l\fr. Horsey· gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An_ act to amend Section 3 of Chapter ,_rn of the Revised Code." • lvir. Watson, from the comniittee to whom was referred the petition . of James Hallett for a divorce, reported a bill entitled, "An act to divorce James Hallett, of the town of Milford, Kent County, Delaware, and Ann M. Hallett, from the bonds of matri- moo~" · 61 V\ihich, Was reac1. On motion of Mr, Waples, 'fhe bill entitled, "An act to crntble James A. Dodd, Wiliiam .A, :Oodd, Edward S. Tunnell and George llf. Cooper, to locate certain Nacant marsh laud in Lewes and Rehoboth Hundred, in Sussex County, and .complete their title to the same," Was read a second time by its title. Mr. Watson presented the petition of Mary Campbell and others, of Cedar Creek Hundred, Sussex County, for an act to repair a ditch in Cedar Creek Hundred, Which, Was read and referred to a committee of three, with leave to re port by bill or. otherwise, Whereupon, Messrs. Watson, Stubbs and Lattomus were appointed said 00111- mittee. On motion of Mr. .Allen, The bill entitled, "An act for the benefit' ~f the State of Dela- ware," Was read a second time by its title. Mr. Fisher moved,. That the House adjourn nntil one o'clock and fifty minutes this· afternoon . .And the House being· divided on the question, The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Curtis, Fisher, Gootee, Paxson, Ranghley, Wat son, and Mr. Speaker-'( Nays-Messrs. Allen, Gemmill, Hayes, Horsey, Lattomus, Scrib- ner, Slay, Stubbs, Waples, Whitby, and Williams-IL So the motion to adjourn was not agreed to'. · On motion of Mr, Slay, The bill entitled, ".An act to authorize Gco'l'ge· n: Dickson to make an index to the old marriage record in the Recorder's office of Kent County, from the year 1847 to 1861," ,. Was read a thirc1 time, and by paragraphs, and Fassed the House. 62 Ordered to the Senate for concurrence-. On motion of Mr. Allen, 'l'hc bill entitled, "A11 act to amend the net -entit1ecl '.A.11 ti.ct to incorporate n, bn,nk in Seaford, in the County ·of Sussex, under the name of the Dfamoncl. State Bank,''' W n,s i'ead n, third tfmc. And On the question, " Slmll the bill pass t1m Honse ?" Mr... A.llcn called for the yen,s 11ml uays, Which, being taken, wore as follows : . Yeas-Messrs. Allen, Bailey, Bewley, Curtis, Duncan, Fisher, (fommill, Gootee, Hayes, Horsey, Lattomus, Paxson, Raughley, -Scribner, Slay, Stubbs, Waples, vVatson, Whitby, and Mr. Speaker -20. Nays-Mr. Willfams-1:. So the bill having received the cobstit'utio1ml majority, Passed the Hoitse. 'Orcle>red to the Sei1ato foi• concni.'rence. ·on motion of Mr. Duncan, , . ·The bill ·entitled, '' :Au act toclcfin:e 'uucll)i.'evcrit certain nuisances," Wu~ read u second time by its title. Mr. Duncan, in .purs1.mnc,e of previous notic'e1 Asked, And, On motion Of ~tr. Wittso11·, Obt0,inecl leave to introduce 'a. bill c·ntitloc!, "An act to incoq'JOrate Hofmann Lodge, No. 29, of the Inclepen- 'dent Order of Odd Fellows, of Wilmington, Dclawure/' Which, Was react On motioi1 of l\fr. Bailey, . The bill entitlec1, "An u-ct 'vac11ting a part of a county roacl in Sussex County, State of Delaware," Was read a third.time, and by pamgraphs, ancl Passed the Hoitse. Ordered to the Senate for concurrence. Mr. Allen moved,· 63 1:l'hat the House nr1johm until ten minutes to two o'clock. On the question, " Shall the House now adjourn ?'l Tho yeas and nays were ordered, ..Which, being· taken, were us follo"'s : Yeas--1\fossrs. Allen, Curtis, Fisher, Paxson, Raugh1ey; Scribner, Stubbs, Waples, Watson, vVhitby, Williams, and l\fr. Spcaker-12. Nays-Messrs. Bailey, Bewley, Duncan, Gemmill, Gootee, Hayes, Horsey, Luttornus, and Slay-9. So the question was determined in the ullirmative, And the Honse adjonl'!lCcl until one o'clock and fifty n:iitiutes this uftemoon; SAME font-1.50 o'clb'ck, P. :M. The liotisn 111et pm•s\.i.ant to adjournment. On motion of Mr. Watson, The Clerk .'was directed to 1nform the Senate that the House woulcl be ready to receive then\. in five minutes, in joint meeting· in the Hull of the House of Representatives, for the hearing of the Stout Di; voree Case . .At the time fixed, the 1ne111bers of the Senate, preceded by thefr Speaker, and n,ttended by their Clerk and Sergeant-ut~Arms, entered the Hull of the House ttud took the seats prepared for them. JOIN'.r MEETING. THURSDAY, January 21, 1864-2 o'clo'ck, P. M. 1'he two Ho11ses being thus convened in joint meeting, 1rhe list of witnesses were then culle\:1 by the Clefl, of the Sen::ite: The examination of ,vitnesses for tho i·ospondent ,vas resumed, ::ind hfter soti.ie time spent therein, . :Mr. Cuh::ill, of the Sobnte, moved, , That the two Houses separate to meet ag·ain in joint meeting, ori Tuesday, the 26th inst., at 2 o'clock in the afternoon, :A.nd on the question; "Shall tho motion prevail ?''· 64- I The yeas. nnd nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Cahall, Hickman, Saulsbury, and Mr. Speaker,· of the Senate, and Messrs. Allen, Bailey, Bewley, Gootee, Raughley, Scl'ibner, Slay, Waples, vYatson, aud Williams, of the House of Rep resontatives-14. Nays-Messrs. Belville, 'l'atum and Williamson, of the Senate, and Messrs. Curtis, Duncan, Gemmill, Hayes, Lattomns, Paxson, Stubbs, Whitby, and Mr. Speaker, of the Honse of Representatives -12. So the question was decided in the affirmative, :rnd the two Hou:;es separated. Mr. ViT atson moved, 'J'hat the House ac\journ until to-morrow rooming, at 9 o'clock. Mr. Bewley moved, 11 0 amend the motion by striking ont "nine" and inserting "ten," And on the question, "Shall the amendment be adopted?" 1'he yeas and nays wei·e ordered, Which, being taken, were as follows : Yeas-Messrs. Bailey, Bewley, Duncan, Lattomus, Paxson, and Williams-6. Nays-Messrs. AUen, Curtis, Ge1)1mill, Gootee, Hayes, Raughley, Scribner, Slay, Stubbs, Waples, Watson, Whitby, and :M:r.. Spe:i:ker -13. So the motion to amend was not agreed to. The question recurring upon the original motion, The yeas and nays were ordered, Which, being taken, were as follows: Yeas-Messrs. Allen, Gemmill, Gootee, Raughlcy, Scribner, Slay, Stubbs, ·waples, Watson, Whitby, Williams, and Mr. Speaker-12. Nays-Messrs. Bailey, Bewley, Curtis, Duncan, Hayes, Lattomus, and Paxson-7. So the motion P1·evailed, And the House adjourned until to-morrow morning· at 9 o'clock •. 65 FRIDAY, January 22, 1864-9 o'clock, A. M. The House met pursuant to adjournment. Prayer by the Chaplain. · Mr. Gootee, in pursuance of previous notice, Asked, And, On motion of Mr. Watson, Obtained leave to introduce a bill entitled, "An act to revive and amend an act entitled 'An act to incorpo rate the Green Branch Ditch Company,'" Which, On motion of Mr. Gootee, Was read. Mr. Allen, from the committee to whom was referred the petition of Matilda Dickerson for a divorce, reported a bill entitled, "An act to divorce Matilda Dickerson and James Dickerson from the bonds of matrimony," Which, On his motion, Was read. On motion of Mr. Scribner, The bill entitled, "An act supplementary to the act entitled 'An · act to enable the citizens of the town of South Milford, in Sussex County, to keep in repair the public roads in.said town and vicinity,'" Was reacl a thircl tim,.e, ancl by paragraphs, and Passed the House .. Ordered to the Senate for concurrence. On motion of Mr. Watson, The bill entitled, "An act authorizing William Tharp, Adminis,.. trator of Bethnel Watson, to pay certain legacies," Was read a second time by its title. JI5,. 66 On motion of Mr. Gemmill, The bill entitled, "An act to enable Samuel Dur11ham to cut :1 ditch through land of Samuel Dale, (n.)," Was taken up for consideration, and amended. On his further motion, The bill was then foad a second time by its title. On motion of Mr. Waples, The bill entitled, "An act to enable James .A. Dodd, William .A. Dodd, Edward S. TunneU and George 1\1. Cooper to locate certain: vacant marsh land in Lewes and Rehoboth Hundred, in Susse~ County, and complete their title to the same," Was taken up for consideration, and amended, And, On his further motion, The bill was read a third time, and Passed the House, '01·dered to the Senate for concurrence. Mr. Martin, Clerk of the Senate, being uclmitted, informed the House that the Senate hnd concurred in the House bills entitled, · "·An act appointing commissioners to· lay out a public sti·eet in the 'fown of Seaford, to be called East Street," And, " An net to enable William W. Dasl1iell to locate certain vacant land in Broad Creek Hundred, Sussex County, and to complete his title to the same," .And returned said bills to the House. Mr. Lattomns, from the committee to whoril was reten;ed that por tii:m of the Governor's Message upon the subject of bounty tp sol.: diers, reported a bill entitled, "An act to provide bounties for volunteers," Which, On his motion, Was read. Mr. Watson, from the committee to whoin was referred the peti• tion of Mary Campbell and others, for an act authorizing the stops ping up or closing a certain ditch in Cedar Creek Hundred, Sussex County, reported a bill entitled, :67 "An act to authorize the stopping up or closing a certain ditch in Cedar Creek Hundred, Sussex County," Which, On his motion, Was.read. On motion of Mr. Watson, The bill entitled, "An act to· divorce James Hallett, of the town of Milford, Kent County, Delaware, and Ann M. Hallett, from the -bonds of matrimony;'' Was read a second time by its title. On motion of Mr. Allen, · The bill entitled, "An act to authorize the Trustees of the Sea ford Academy to sell and convey the old Academy building, in the town of. Seaford," Was read a second time by its title, And, On his further motion, Rule _12 was, by unanimous consent, suspended in order that the ·bill just read a second time might be read a third time, in order to pass the House, When, On his further motion, The bill ,vas read a third time, and Passecl the House. Ordered to the Senate for concurrence. On motion of Mr. Gemmili, Rule 12 was, by unanimous consent,. suspended in order that the bill entitled, · · · · "An act to enable Samuel Burnham to cut a ditch. through land of Samuel Dale, (n.)," · · Might be read a third tinie, in order to pass the Hmise, And, On his further motion, The bill was read a third time, and Passed the House . . Ordered to the Senate for concurrence. On motion of Mr. Waples, '68 '.l'he bill entitled, "An act to divorce Mary A. Milby, of Sussex County, Delaware, and Nathaniel Milby from the bonds of matri mony," Was read a third time, and by paragraphs, and Passed the House. Oi·dered to the Senate for concurrence. On motion of Mr. Gemmill, '.l'he bill entitled, "An act to authorize and empower the Levy Court of New Castle County to erect a public bridge over Black bird Creek, in New Castle County," Was read a second time by its title. On motion of Mr. Duncan, , The bill entitled, "An act to incorporate Hermann Lodge, No. 29, of the Independent Order of Odd Fellows, of Wilmington, Dela ware," Was read a second time by its title. Mr. Bewley, on behalf of the committee to whom was referred the petition .of John P. Springer and others, for an act repealing the law requiring the prepayment of municipal tax in the City of Wil mington, as a qualification to vote at any municipal election in said city, Asked, And, Obtained further time to report. Mr. Allen moved, That the House adjourn until 8 o'clock and 30 minutes on Mon day evening next. On the question, "Will the House adjourn until 8 o'clock and 30 minutes on Monday evening next?". Mr. yVilliams called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allen, Gootee, Scribner, Stubbs, Waples, Watson, and Mr. Speaker-'7. Nays-Messrs. Bewley, Duncan, Gemmill, Hayes, Lattomus, Pax son, Raughley, Slay, Whitby and Williams-IO. · So the question was decided in the negative, And the motion was Lost. On motion of Mr. Raughley, 69 The bill entitled, 11 .A'n act entitled a supplement to Chapter 25 ~ntitled 'An act to incorporate tlrn St. Jones' Branch Ditch Com l)any,' passed at Dover, Febr.uary 7th, 18Gl," Was read a second time by its title. Mr. Bailey moved, That tl1e House adjourn untilS o'clock and 30 minutes on Monday evening· next. On the question, "Will the House adjoum until 8 o'clock and 30 ~inutes on Monday:evening next?" Mr. Williams called for the yeas and nays, / Which, being taken, .were as follows : Yeas-M13ssrs. Allen, Bailey, Bewley, Duncan, Gemmill, Gootee, Hayes, Lattomus, Paxson, Rtiughley, Scribner, Slay, Stubbs, _Waples, Whitby and Mr. Speaker-lG. · Nays'."""";&[essrs. Watson: and Williams-2. So the question was decided in the affirmative, .A.n.d the House adjourned until 8 o'clock and 30 minutes on Mon .da_y evening next. MONDAY, January25, I8G4-8.30 o'clock, P. M. :The House met pursuant to adjournment; 'Mr. Curtis', in pursuance of previous notice, .A.sked, And, ,on motion of Mr. Gemmill, Obtained leave to introduce a bill enUtled, ·•: An act to .c_ede certain lands to the United States of America," Which, ·On motion of Mr. Curtis, Was read. 011 motion of Mr.. Fisher,.· · 70 · The bili entitled, ".An act to authorize the re-binding and· trans cribing of certain indexes to .the records in the office of the Recor.:· der of Deeds, iil Sussex County," Was read a second time by its title. On motion of Mr. Gootee, . . • The bill entitled; " An act to revive and amend the act entitled 'An act to incorporate the Green Branch Ditch Company,'" Was read a second time by its title. Mr. Duncan gave notice that he would, on to-morrow· or some future day, ask leave to ·introduce a bill entitled, "An act to amend an act entitled I An act to incorporate the Young Men's Association, of the City of Wilmington, for mutual improvement."' . On mot.ion of Mr. Horsey,· . The bill entitled, "An act to amend Section 1 of Chapter 59 of the Revised Code, entitlecl 'Of Ditches,'" · W,as read a second time by its title; On motion of Mr. Fisher, . The bill entitled, "An act to authorize the laying out a public road in Broadkiln.Hundred," Was read a second time by its title. Mr. Horsey, in pursuance of previous notice, Aske( · And, On motion of Mr. Fisher, Obtained leave to introduce a bHI entitled, . . . , " .A.n act to amend Section 3 of Qhapter ii:2; of the Revised Code, entitled ' Of Free Schools,' " · Which, On motion of Mr. Horsey, Was read. On motion of Mr. Watson, · Th~ bill entitled, ".A.n. net for laying a tax on dogs,· and for the better protection of sheep," · · Was read a second time by its title. Mr. Gemmill moved, Th.at the House adjourn until ten o'clock" fo~morrow morning.·> 71 C On the question, "Will the House adjourn until ten o'clock to- morrow morning?" Mr. Stubbs called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allen, Bailey, Duncan, Fisher, Gemmill, Hayes, Paxson, Raughley, Slay, Waples, ·watson, Whitby, Williams, and Mr. Speaker-14. Nays-Messrs. Curtis, Gootee, Horsey, and Stubb~_:4. So the question · Prevailed, . . .And the Honse adjourned until 10 o'clock to~morrow morning. TUESDAY, January 26, 1864-10 o'clock, .A. M. T.he House met pursuant to adjournment .. ·· Prayer by the Chaplain. On motion of Mr. Gootee, The bill entitled "An act to revive and amend the act entitled 'An act to incorporate. the Green Branch Ditch Company,'" Was read a third time, in order to pass the Honse. On the question, "Shall the bill pass the Honse ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Allen, Bailey, Bewley, Curtis, Duncan, Fisher, · , Gemmill, Gootee, Hayes, Horsey, Paxson, Raughley, Slay, Stubbs, Waples, Watson, Whitby, Williams, and Mr. Speaker-19. . .· Nays-None. So the question Prevailed, ·. And the bill having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. (?n motionof Mr. Gemmill, ·72 Th~ Joint Resolution in relation to an appropriation for the Na-_ tional Cemetery, at Gettysburg, Was taken up for consideration, ancl reacl. Mr. Gemmill moved, '.I:hat the resolution be aclopted. On the question, " Shall the resolution be ad~pted ?" Mr. GemmiU called for the yeas and nays, Which, b&ing taken, were as follows : Yeas-Messrs. Bailey, Curtis, Duncan, Fisher, Gemmill, Hayes, Paxson, Slay, Watson, Whitby, and Williams-IL · Nays-Messrs. Allen, Bewley, Gootee, Horsey, Rang·hley, Stubbs, Waples, and ]\fr. Speaker-8. So the question Prevailed, . And the resolution was Adopted. Ordered to the Senate for concurrence. On motion of Mr. Allen, The Senate bill entitled, "An act to divorce Charles R. Cattell and Ann B .. Cattell from the bonds of matrimony," Was read a third time, in order· to pass the House. Mr. Duncan presented the remonstrance of Ann. B. Cattell against the same, Which, Was read. On motion of Mr. Allen, The petition of _Charles JI. Cattell, for a divorce, "\Vas read. Mr. Gemmill moved, That the bill be indefinitely postponed. On the question, " Shall the bill be inclefinitely postponed ?" .l\fr. Bewley callecl for the yeas and nays, Which, being taken, were as follows: Yeas-Messrs. Bailey, Curtis, Duncan, Fisher, Gemmill, Gootee, Hayes, Paxson, Stubbs, Watson, Whitby, Williams, ancl Mr. Speaker -13. .Nays-Messrs. Allen, Bewley, Horsey, Raughley, Slay, and Waples-6. So the question Prevailed, · And the bill was indefinitely postponed. On motion of Mr. Horsey, The bill entitled, '' An act to amend Section 3 of Chapter 42 of th~ Revised Code, entitled 'Of Free Schools,'" • Was read a second time by its title. Mr. Bewley presented the claim of Robert D. Hoffeckcr against ~s~~ I Which, Ou his motion, Was read and referred to the Committee on Claims. · Mr. Watson presented the petition of William Hill and others, in fuvor of the passage of a bill to grant bounty to volunteers, Which, On his motion, Was read and filed with the bill on that subject. On motion of Mr. Duncan, The bill entitled, "An act to define and prevent certain nuisances," Was taken up for consideration, And, On his further motion, The bill was read for the information of the House. l\fr. Duncan presented resolutions of the City Council of Wil-. mington, Which, On his motion, Were read and filed with the bill. J\lr. Duncan moved, 'l'o amend the bill by inserting after the words '' Shall be fined," in Section 2, the words "from one to five thousand dollars, at the discretion of the Court," Which, Was .Adopted. Mr. Duncan moved, Further to amend Section 2 by inserting after the word "within" and before the word "days," the word "twenty," Which, Was Adopted, .. Mr. Duncan moved, Further to amend the bill by adding the following Section : SECTION 3. And be it fu1·the1· enacted, That no person hereafter shall put or place, or suffer or permit to be put, placed or used, any privy, hog-pen, or slaughter house, over or so near that the excre ment or offal therefrom shall escape or run into any stream of run ning water within the limits of this State, from which the inhabi-' tauts of any town, borough or city within the limits aforesaid, are wholly, or in part, furnished with water as a drink or beverage, and any one offending against the provisions of this Section shall be deemed to be guilty of committing a common nuisance, and upon conviction .thereof in the Court aforesaid, shall be fined the sum of · one hundrecl_ dollars, and the Court shall order the nuisance to be abated immediately. Which, On his motion, Was Adopted, And, On his further motion, The consideration of the bill was postponed until to-morrow,,at 3 o'clock. On motion of Mr. Duncan, .. The bill entitled, "An act to incorporate Hermann Lodge, No. 29, of the Independent Order of Odd Fellows, of Wilmington, Dela ware," · Was read a third time, by paragraphs, with a view to its passage. And on the question, "Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Allen, Bailey, Bewley, Curtis, Duncan, Fisher, Gemmill, Gootee, Hayes, Horsey, Paxson, Raughley, Slay, Stubbs, Waples, Watson, Whitby, and Williams-18. Nay-Mr. Speaker-I. So the bill having received the constitutional majority, Passed the House •. Ordered to the Senate for concurrence •. On motion of Mr. Allen, 75 The bill entitled, "An net relating to the exportation of oysters from this State," Was read a third time, by paragraphs, with a view to its passage. And on the question, " Shall this bill pass the House ?" Mr. Fisher called for the yeas and nays, Which, being taken, were as follows : Yeas--Messrs. Allen, Bailey, Bewley, Gootee, Horsey, Raughley, Slay, Stubbs, Waples, Watson, Whitby, Williams, and Mr. Speaker ~13. Nays-Messrs: Curtis, Duncan, Fisher, Gemmill, Hayes, and Pax son-6. So the bill having received the constitutional majority, Passed the House. Oi·dered to the Senate for concurrence. Mr. Gemmill offered the following joint resolution : Resol,ved by the Senate and House of Representatives of the' State of Delaware, in Genei·al Assembly met, that both Houses will adjourn on Friday, the 29th inst., at 11 o'clock A. M., sine die. (January 26th, 1864.) Mr. Bewley moved, To indefinitely postpone the consideration of 'the resolution. On the question, "Shall the consideration of the resolution be in- definitely postponed ?" · Mr. Gemmill called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allen, Bailey, Bewley, Fisher, Gootee, Horsey, Raughley, Slay, Stubbs, Waples, Watson, Williams, and Mr. Speaker -13. Nays-Messrs. Curtis, Duncan, Gemmill, Hayes, Paxson, and. Whitby-6. So the resolution was Indefinitely postponed. On motion of Mr. Curtis, The bill entitled, "An net to cede certain lands to the United States of America," Was read a second time by its title. On motion of Mr. Bewley, The House adjourned until 1 o'clock and 50 minutes this afternoon. SAl\IE DAY-1.50 o'clock, P. M, . The Ho.use met pursuant to adjournment. On motion of Mr. Bewley, The Clerk of the House was requested to notify the Senate that· the Honse was ready to I'·eceive it in joint meeting, to continue the investigation of the Stout Divorce Case. · JOINT MEETING. TUESDAY, January 26, 1864-:-2 o'clock, P. M. "l'he two Houses being convened in joint meeting, The list of witnesses was called by the Clerk of the Senate and the examination of witnesses was resnmed . .A. question having arisen as to the admission of a certain part of the testimony of I. L. Crouch, one of the witnesses for the respon dent, Mr. Gemmill, of the House, moved, That the witness proceed with his testimony, Which motion Prevailed. .A.fter some further time spent in the hearing of testimony, Mr. Saulsbury, of the Senate, moved, That the two Houses. take a recess of fifteen minutes, Which motion Prevailed. .A.t the expiration of said time, the two Houses again convened in. joint meeting, and the examination of witnesses was resumed, Which, being concluded, On motion of Mr. Saulsbury, of the Senate, The two Houses took a recess until 7 o'clock this evening. TUESDAY, January 26, 1864-7 o'clock, P. M: .A.t the time appointed, the two Houses again convened in· joint ~~& . .A.nd the counsel of the petitioner and respondent entered ·upon tp.e argument of the case, and after some time spent therein, On motion of Mr. Saulsbury, of the Senate, 77 · The two Houses separated, t'o meet again in joint meeting, to morrow evening, at 7 o'clock. On motion, The House adjourned until 10' o'clock to-morrow morning. WEDNESDAY, January 2'T, 1864-10,o'clock, A .. M. The House met pursuant to adjournment. Prayer by the Chaplain. . !fr. Fisher moved, To reconsider the vote by .which the bill entitled', "Au act to divorce Charles H. Cattell and Ann B. Cattell, from: the bonds of matrimony," Was indefinitely postponed. On the question, " Shall the vote be reconsicl'ered ?"' Mr. Gemmill called for the yeas and nays, Which, being taken, were as follows ~ Yeas-Messrs. Allen, Bailey, Fisher, Gootee, Horsey, Ranghley, Scribner, Slay, Stubbs, Waples, Watson, Williams, and Mr. Speaker -13. Nays-Messrs. Curtis·, Duncan, Gemmill, Ruyes, Luttomus, Pax son, and Whitby-7. So the vote wus Reconsidered. On motion of Mr. W utson, The further consideration of the bill was postponed until 3 o'clock P. l\f. On motion of Mr. Horsey, The bill entitled, "An act to amend Section 1 of Chapter 59 of the Revised Code, entitled 'Of Ditches,'" Was read a third time, uncl by paragraphs, and Passed the House. Ordered to the Senate for concurrence. ' :78 Mr. Paxson gave notice that he would, on to-morrow or some futnre day, ask leave to introduce a bill entitled, 11 A further additional supplement to an act entitled ' .An act to incorporate. a company for the purpose of cutting and making a canal between the Chesapeake Bay and bity or river Delaware, or the waters thereof.'" On motion of Mr. W o.tson, The bill entitled; 11 .An act to divorce James Hallett, of the town of. Milford, Kent County, Delaware, and .Ann M. ·Hallett, from the ~onds of matrimony," Was taken up for consideration. Mr. Watson presented the certificate of Mary Calhoun, , Which, Was read and filed with the bill. The Speaker presented the remonstrance of Mrs . .Ann M. Hallett and an accompanying letter, Which, _ Were read and filed with the bill. Mr. Watson moved, That the bill beread a. third time, and by paragraphs, iii order to pass the House1 .And o_n the question, " Shall the bill be so read ?" Mr. Gemmill called for the yeas and nays, Which, being taken,. were as follows : Yeas.:....Messrs. Fisher, Scribner, and W atson-3. Nays~Messrs . .Allen,. Bailey, C1~1·tis1 Duncan, . Gemmill, Gootee, Hayes, Horsey, Lattomus, Paxson, Raughley, Slay, Stubbs, Waples, Whitby, Williams, and Mr. Speaker:----17 .. · So the question was decided in the negative, .And the House refused to have the bill read a third time. Mr. Martin, Clerk of the Senate, being admitted, inform~d. the · House that the Senate had passed and requested the concurrence of . the House _in the follo_wing named bills : . · . . . · . . . 11 An act to a~end Section 7 of Chapter 241 of the Laws of the State of Dela':are, passed at Dover, February 26th, ~855 ;" · ".An act to enable Greensbury M. Truitt, Sarah Truitt, and Geo. M. Cary, to locate certain vacant· lands in Broad Creek Hundred, Sussex County, and to complete their title to the same;" 79 " An act to amend an uct entitled ' An act in relation to free ,11egroes and mulattoes;' passed at Dove1\ March 18th, 1863," .A.nd that the Senate had concurred in the House bills entitled: ".A.n act to mnend Section 5 of Chapter 34 of the Revised Statutes of the State of Delaware ;'; · · ".A.n act to authorize the Trustees of the Parsonage Property, belonging to the members of the Methodist Episcopal Church, in the village of Newport, New Castle County; to sell or lease certain pro . perty in said village ; " "An act to authorize J olm M. Rawlins to change the location of, straig·hteh and shorten a certain public road in North West Fork Hundi'ed, Sussex County." On motion of Mr. Lattomus, 'l'he bill entitled, ".A.n act to provide bounties for volunteers," Was read u second time by its title. On motion of Mr. Watson, The bill entitled, ".A.n act to authorize Joseph G. Morglin and William H. Ratcliff, to stop or dam up a certain ditch leading from Cedar Creek to Mispillion Creek," Was taken up for consideration1 . .A.nd, On his further motion; W us indefinitely postponed, On motion of Mr. Horsey, The bill entitled, ".A.n act to amend Sect.ion 3 of Chapter 42 bf the Revised Code, entitled 'Of Free Schools,'" Was read a third time, and by paragraphs, ancl Passed the House. Ordered to ·the Senate for concurrence. On motion of Tufo Raughley, The bill entitled, ".A. supplement to Chapter 25, entitled 'An act to incorporate the St. Jones' Branch Ditch Company,' passed at · Dover, February 7th, 1861," . Was reacl a third tinie, and by paragraphs, in order to pass the Rouse. On the question, " Shall the bill pass the House ?'' The yeas and nays were ordered, Which, being taken, were as follows : 80 . Yeas-Messrs. Allen, Bailey,- Curtis, Duncan; Fisher, GemmiIJ, Hayes, Horsey, Lattomus, Paxson, Raughley, Scribner; Slay, Stubb~, Waple~, Wat~on, Whitby, Williams, and Mr. Speaker-19. Nays-None. So the bill having received the constitutional majority, Passed tke House. Ordered to the Senate for concuri'ence. Mr. Duncan, in pursuance of previous notice~ Asked, ,, ·And, On motion of Mr. Watson, Obtained leave to introduce a biU entitled, "An act to amend an act entitled 'An act to incorporate the Young Men's Association for. Mutual Improvement, of the Oity of Wilmington,''' Which, On motion of Mr. Duncan, Was read. Mr. Duncan presented the claim of Messrs . .A.lien and Biddle, of Wilmington, against the State, Which, Was read and referred to the Committee on Claims. Mr. Stubbs presented the petition of William Gooden and others, citizens of Kent County, asking for a law to prevent swine running at large in a part of North Murderkill Hundred, Which, On his motion, Was read and referred to a committee of three; with leave _to re- port by bill or otherwise, ·· Whereupon, . Messrs. Stubbs, Whitby and Scribner were appointed said com mittee. On motion of Mr. Duncan, The House adjourned until 3 o'clock this afternoon. 81 SAME DAY-3 o'clock, P. M. 'X'he House met pursuant to adjournment. Mr. Watson presented the claim of John Jones against the State, Which, ·on his motion, Was read and referred to the Committee on Claims. Mr. Gemmill, from the committee to whom was referred the peti t1on of citizens of New Castle County, asking for the removal of a draw bridge across Christiana Creek, reported that they deemed it inexpedient to legislate further on the subject, Whereupon, The conimittee were discharged. Mr. Dnncan ,gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to incorporate the Wilmington City Railway." Mr. W 3:ples gave notice that he would, on to-morrow or some '.future day, ask leave tu introduce a bill entitled, "An act to repeal and supply Section 1 of Chapter 63 of the Re ,,ised Code, entitled 'General Provisions respecting 1'racle.'" Mr. Horsey, on behalf of the committee on enrolled bills, presen ted as enrolled, bills entitled as follows: "An l1Ct to enable the Executors of Giles Lambson, .deceased, to sell and convey certain real estate;" "An act appointing commissioners to lay out a public street in tl10 town of Seaford, to be called East Street ; " '' An act to c1ivorce Luther T. Moore and Adaline Moore, his wife, from the bonds of matrimony;" "An act to enable William W. Dashiell to locate certain vacant lands in Broad Creek Hundred, Sussex County, and to complete his title to the same." On motion of Mr. Watson, The bill entitled, "An act to amend Section ~ of Chapter 241 of the Laws of the State of Delaware," Was read. On motion of Mr. Fisher, H6 82 The bill entitled, ".An act to authorize the laying out a pub,._ road in Broadkiln Hundred," Was taken up for consideration, .And, On his further motion, Was laid over until to-morrow. On motion of Mr. .Allon, 11'h6 bill entitled, " .An act to \divo1·ce :i\fatilda Dickerson and, James Dickerson, from the bonds of matrimony," . \ ,V" as road a second time by its title, Mr. Stubbs presented the petition of '.rhomas J. Quigley and others, citizens of Kent Connty, asking modifications of the "Act in relation to free 11eg1•oes and mulattoes," passed at Dover, March 18th, 1863, Which, Was read and referred to a committee of three, with leave to re• port by bill or otherwise, Whereupon, Messrs. Stubbs, Paxson and Horsey were appointed said com.: rnittee. On motion of Mr. Watson, ·rrhe Sena~e bill entitled, ".Ail act to enable Greensbury 11.· '!rruitt, Sarah 'l'ruitt and George 1\1. Cary, to locate certain vacant· fonds in Broad Creek Hundred, SUssex County, and to complete their title to the same," Was read. On motion of Mr. Duncan, The bill entitled, "An act to define and 1:lrovent certain nuisances,"' W11s read a third time, and by paragraphs, and Passed the IIouse. Ordered to the Senate for concurrence. On motion of Mr. Stubbs, The bill entitled, "An act to authorize cci'tain persons therein named, to erect n, gate across a public road," Was taken up for consideration. On his further motion, The bill was ren;d a third time and by paragrap1is; iri c:Jrder tb pasB the House. 83 On the question, "Shall the bill pass 'the House ?" The yeas and nays were ordered, "'\Vhich, being taken, were as follows : Yeas-Messrs. Allon, Scribner, Slay, Stubbs, Waples, Whitby, and Mr. Speaker-7. Nays-Messrs. Curtis, Duncan, Fisher, Gemmill, Gootee, Hayes, Lattomns, Paxson, Raughley, v\Tatson, and Williams-IL So the question was decided in the negative, And the bill was Lost. On motion of Mr. Gemmill, 'fhe bill entitled, "An act to authorize and empower the Levy Court of New Castle County to erect a public bridge over Black~ bird Creek, in· N cw Castle County," Was read a third time, in order to pass the House. On the question, "Shall the bill pass the House?" Mr. Watson called for tho yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allen and Duncan-2. Nays-Messrs. Curtis, I!1 isher, Gemmill, Gootee, Hayes, Lattomus, Paxson, Raughley, Scribner, Slay, Stubbs, Waples, Watson, Whit by, Williams, and Mr. Spcaker-lG. So the question was decided in the negative, And the bill was Lost; On motion of Mr.. Gemmill, The Senate bill entitled, "An act to amend an act entitled I An act in relation to free negroes and mulattoes,' passed at · Dover, March 18th, 1863," · Was reacl. M~·. Watson moved, . That the House adjoutn until 6 o'clock and 50 minutes P. M. And on the question, "Will the House adjourn ?" The yeas and nays were ordered, Which, being taken, w·ere as follows : Yeas-Messrs. Allen, Curtis; Gemmill, Raughley, Scribner, "'\Yaples, Watson, and Whitby-8. Nays.,--Messrs. Duncan, Fisher, Hayes, L~ttomus, Slay, Stubbs, and ]\fr. Speaker-7. 84 So the question being decided in the afihnrntive, The Honse arljourned until 6 o'clock and 50 minutes P. ML SAllIE·DAY-6.50 o'clock, P. !L '.l'he House met pursuant to adjournment. On motion of Mr. Watson, The Clerk was instructed to noti:(y the Senate that the House would be ready to receive them in joint meeting, in five minutes. JOINT MEETING. WEDNESDAY, January 2'7, 1864-'7 o'clock, P. :NI. The two Houses being convened in joint meeting, The argnment of the Stout Divorce Case, by counsel, was resumed, Which, being concluded, Mr. Williamson, of the Senate, moved, That the reading and comparing of the journals of the joint meet ing be dispensed with ; that the Clerks themselves be directed to compare and read the same in their respective Houses, and that the two Houses do now separate, '\fhich motion Prevailed, And the two Houses separated . . On motion of Mr. Bailey, . The. House adjourned until 10 o'clock to-morrow morning. THURSDAY, January 28, 1864-10 o'clock, A. M. The House met pursuant to adjournment . . Prayer by the Chaplain. On motion of Mr. Slay, The reading of the journal was dispensed with. Mr. Watson moved, 85 Th:at rule '1 be suspended, in order to enable him to introduce a. bi!L 'fhc rules being suspended, Mr. Watson introduced a bill entitled, " An act to authorize the Prothonotary of the Superior Court of the State of Delaware, in and for Kent County, to procure a new J?r.ess and Seal of office/ Which, On his motion, Was read. On motion of Mr. Pisher, 'l'he bill entitled, "An act to authorize the laying out a public road in Broadkiln Hundred," Was taken up for consideration, And, On his further motion, Was referred to a committee of three, with leave to report an amendment, Whereupon, Messrs. Pishcr, Hayes ancl Williams were appointed said com mittee. On motion of Mr. Watson, The Senate bill entitled, "An act to enable Greensbnry M. Truitt, Sarah Truitt, and George M. Cary, to locate certain vacant lands in Broad Creek Hundred, Sussex County, and to 9omplete their title .to the same," Was reacl a second. time by its title. Mr. Waples, in pursuance of previous notice, Asked, And, On motion of Mr. Watso~, Obtained leave to introduce n bill entitled, "An act to repeal aud supply Section 1 of Chapter G3 of the Re- 'ifised Code, entitled 'General Provisions respecting Trade," Which, On motion of Mr. Waples, Was read. 86 M1:. l\foi·tin, Clerk of the Senate, being acimitted,informecl the House that the Senate had passed and requested the concurrence of the House in a bill entitled, "An act to vest in Philoclemic Lodge, No. '7, I. 0. 0. F., the title to certain property therein mentioned ; " Also, That the Senate had concurred in the following Honse bills, viz : "A further supplement to an act grunting an act to incorporate a, bank in Milford, under the 1rn,mc of the President, Directors uncl Company of the Farmers' and Mechanics' bunk of Milford;" "An act authorizing William Tharp, Administrator 1 of Betlrn'el Watson, to pay certail~ legacies;" - " An act to vacate a certain street or highwn,y in the town of New Onstle, and mn,ke a new one in its stead ; " ' "An act to enalJlc Samuel Burnham to cut a ditch through luncl of Samuel Dale, (n.) ;" Also, That the Senate had_ non-concurred in the House bills entitled, "An act to enable James A. Dodd, William A. Dodd, Edward S: 'fmmell and GeoTge M. Cooper, to locnte certain vacant marsh Janel in Lewes and Rehoboth Hundred, in Sussex County, uncl complete thcfr title to the same ; "_ . "An act supplementary to the act entitled 'An net to enable the citizens of the town of South Milford, in Sussex County, to keep in repair the public roads in said town and vicinity;'" On niotion of Mr. Watson, The Senate bill entitled, "An act to vest in Philodemic Lodge, No. '7, I. 0. 0. F., the title to certain property therein mention~d," Was reac1. On motion of Mr. Duncan, The bill entitled, "An act to amend an act entitled 'An act to incorporate the Young Men's Association for Mutual Improvement, of the City of Wilmington,'" Was read a secoml time by'its title. On motion of Mr. Watson, ( The Senate bill entitled, "An act to n,mend Section '7 of Chapter 241 of the Laws of the State of Delawn,re, passed at Dover, Feb ruary 26th, 1855," Was read a second time by its title. 87 Mr. Lattomus moved, That the bill entitled, "An act to provide bounties for volunteers," Be read n. third time, and by paragraphs, with a view to its pass- age. Mr. Lattomus further moved, That the papers accompanying the bill be read for the information of the House. On the question, "Shall the bill be read a third time ?" The yeas and nays were ordered, :Which, being taken, were as follows : Yeas-.Messrs. Curtis, Duncan, Gemmill, Hayes, Lattomus, Pax son, Whitby, and Mr. Speaker-8. Nays-Messrs. Allen, Gootee, Raughley, Scribner, Slay, Stubbs, Waples, Watson, and Williams-9. So the motion was Lost. Mr. Lattomus moved, That the bill be taken up for consideration. Mr. vVatson moved, That it be laid over until 10 o'clock, on Wednesday morning next'. The Speake1· ruled both motions out of order. Mr. Williams moved, That the House adjourn.· And on the question, " Will the House adjourn ?" Mr. Williams called for the yeas and nays, Which, being taken, were as follows: Yeas-Messi'.s. Allen, Gootee, Ranghley, Scribner, Slay, Waples, Watson, and Williams-8. . Nays-Messrs. Curtis, Duncan, Gemmill, Huyes, Lattomus, Pax son, Stubbs, Whitby, and Mr. Speakcr-9. So the question was dccicled in the negative, And the motion was Lost, Mr. Paxson, in pursuance of previous notice, Asked, Auel, Ou motion of Mr. Duncan, Obtained leave to iutrod1ice a bill entitled, 88 11 A further additional supplement to an net entitled ' Aii act to incorporate a company for the purpose of cutting and making a. canal between the Chesapeake Bay and bay or river Delaware, or the waters thereof.' " . Which, On motion of Mr. Paxson, Was read. Mr. Duncan moved, That the bill entitlecl, "An act to provide bounties for volunteers," Be taken up for consideration, And on the question, " Shnll the bill be taken up for considera- tion?" · Mr. Gemmill called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Gemmill, Gootee, . Hayes, Lattomus, Paxson, Scribner,. Stubbs, Watson, Whitby, and Mr. Speaker-IO. Nays-Messrs. Allen, Curtis, Duncan, Fisher, Raughley,. Slay, Waples, and Williams-8. So the question was decided in the affirmative, And the bill was taken up for consideration. · Mr. Lattomus moved, That the further consideration of the bill be laid ov_!lr until to morrow moming, at 10 o'clock. Mr. Watson moved, To postpone the further consideration of the bill until next Wed- nesday ~orning, at 10 o'clock, And the question being taken on the longest time, It was decided· in the affirmative, And the bill was JJostponed until next Wednesday morning, at 10 .o'clock. . Mr. Williams gave notice that he would, on to-morrow or· some fut.ure. day, ask leave to introduce a bill entitled, · 11 An act to increase the salary of the Chief Justice;'~ · On motion of Mr. Gootee, . I The House adjourned until 3 o'clock this afternoon. · 89 SAME DAY-3 o'clock, P. M. The Honse met pursuant to adjournment. . Mr. Whitby presented the petition of Samuel Jefferson and others, citizens of New Castle County, asking for an act to change the loca tion of a certain road, Which, Was read, .And, On his further motion, Referred to a committee of three, with leave to report by bill or otherwise, Whereupon, Messrs. Whitby, Williams ancl Bailey were appointed said com mittee. On motion of Mr. .Allen, The bill entitled, ".An act to divorce Charles H. Cattell and .Ann B. Cattell from the bonds of matrimony," Was taken up for consideration, · Mr. .Allen presented the affidavits of James .A. Clifton, .Albert H. Cook, John B. Shockley, and Zacloc L. Butler, Which, On his motion, Were read and filed with the bill. On motion of Mr. Bewley, The further consideration of the bill was postponed for the present. On motion of Mr. Curtis, The bill entitled, '' .An act to cede certain lands to the United States of America," Was taken np for consideration, And, On his further motion, Was read for the information of the Honse. · 90 And further, On motion of Mr. Curtis, The bill was read a third time, ancl by paragraphs, with a view to its passage. · On the question, " Shall the ~ill pass the House ?" The yeas ancl nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Curtis, Fisher, Gemmill, Hayes, Lattonms, Pax son, Waples, Watson, Whitby, and Mr. Si)eaker-10. Nays-Messrs. Allen, Bailey, J3ewley, Gootee, Horsey, Raughley, Scribner, Slay, Stubbs, and Willimns-10. So the bill not having received a majority of the votes cast, Was Lost. l\fr. Bewley gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to lay out a public road in Little Creek Hundred, Kent County." Mr. Martin, Clerk of the Senate, being admitted, informed the House that the Senate hoc1 passed, and requested the concurrence of the House in a " Joint Resolution of adj oumment ; " He also returned the following enrolled House bills, which had re ceived the sig·nature of the Speaker of the Senate: "An act to enable the Executors of Giles Lambson, deceased, to sell and convey certain real estate;" "An act appointing commissioners to lay out a public street in the Town of Seaford, to be called East Street," "An act to divorce Luther T. Moore, and Adaline Moore, his wife, from the bonds of matrimony ; " " An act to en0,ble Willi0,m W. Dashiell to locate certain vacant fands in Bro0,d Creek Hundred, Sussex County, and to complete his \ title to the s0,me." Mr. Allen moved, To reconsider the vote by which the biU entitled, "An act to cede certain lands to the United States of America/> Was lost. And on the question, " Shall the vote be reconsidered ?'' Mr. Bewley called for the yeas and nays, , Which, being taken, were as follows : 91 . Yeas--Messrs. Allen, Cnrtis, Fisher, Gemmill, Gootee, Hayes, Lattomus, Paxson, Raughley, Scribner, Slay, Waples, Watso1i', Whitby, Williams, and Mr. Speaker-16. . Nays-Messrs. Bailey, Bewley, Horsey, and Stubbs-4.. So the vote was Reconsidered. On motion' of. Mr. Allen, The further consideration of the bill was postponed until Tuesday next, at 3 o'clock, P. M. On motion of Mr. .A.lien, The bill entitled, II An act to divorce Charles H. Cattell and Ann B. Cattell, from the bonds of matrimony," Was taken up for consideration, And, On his further motion, .. The bill was read a third time,· in order to pass the House. On the question, " Shall the bill pass the House ?" The yeas and nays were ordered; . Which, being taken, were as follows : . Yeas-Messrs. .A.lien, Bailey, Bewley, Fisher, Gootee, Horsey, Sc1ibner, Slay, Stubbs, Waples, Watson, and Mr. Speaker-12. · Nays-Messrs. Duncan, Hayes, Lattomus, Raughley, Whitby, and Williams-6. · So the question was decided in the affirmative, And the bill ·Passed the House, Ordered that th.e Senate be informed thereof, and the bill returned to that body. Mr. Martin, Clerk of the Senate, being admitted; informed the House that the Senate had concurred. in the following House bills, viz: 11 An act vacating a part of a county roaq in Sussex County, State of Delaware;" ·· · "An act to revive and amend an act entitled 'An act to incorpo rate the Green Branch Ditch Company;''' ".A.n act to authorize George B. Dickson to make· an index to the old marriage record in the Recorder's office of Kent County; from the year 1841 to 1~61 ;" " An act to amend Section 3 of Chapter 42, of the Revised Code, entitled 'Of Free Schools;'" · · . · , 92 Mr. Watson gave notice that he would, on to-niorrow or some future day, ask leave to introduce a bill entitled, " An act for the relief of the Junction and Breakwater Railroad Company." On motion of Mr. Gootee, The House proceeded to the consideration of the Joint Resolution of adjournment. On motion of Mr. Bewley, The resolution was read and adopted. On motion of Mr. Bailey, rrhe bill entitled, "An act to divorce Ezekiel Blackiston and Mary, his wife, from the bonds of matrim.ony," .. Was read a third ._time, and by paragraphs, in order to pass the House. On the question, " Shall the bill }Jass the Honse ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Mes.srs. Allen, Bailey, Bewley, Fisher, Gootee, IIoisey, Lattomus, Scribner, Slay, Waples, 'Watson, and Mr. Speaker-12. Nays-Messrs. Duncan, Rayes, Paxson, Raughlcy, Stubbs, Whit- by, and Williams-'(. So the question was decided in the affirmative, And the bill Passed. the House. Ordered to the Senate for concurrence. On motion of Mr. Williams, The House adjourned until 9f o'clock to-morrow morning. FRIDAY, January 29, 1864-9f o'clock, A. M. The House met pursuant to adjournment. Prayer by the Chaplain. - Mr. Duncan, in pursuance of prev~ous notice, Asked, And, On motion of Mr. Lattom'us, 93 Obtained leave to hitroduce a bill entitled, ".An act to incorporate the Wilmington City Railway Coinpany/1 Which, On motion of Mr. Dnncan, Was reac1. Mr. Martin, Clerk of tlie Sen11te, being admitted, informed the Honse that the Senate had received and accepted the resignation of the Hon. James A. Bayard, as a Senator from this State, in the Senate of the United States, and presented the smnc for the accep tance of the Honse. On motion of }\fr. Watson, The resignation of Mr. Bayard, Was read, as follows : " To the Legislatiwe of the State of Delaware: Having for the reasons assigned in my place in the Senate, deter mined to withdraw from public life, I hereby resign into your hands the trust and station of a Senator of the United States, to which I was chosen for six years, ending on the 3d of March, A. D. 1869, I beg leave to express to the members og.the Legislature my pro-. found appreciation of the confidence reposed, and the honor confer i:ed in my second re-election by them, nntl to assure them that my ardent devotion to my native State (with whose history the name I bear has been so long connected) will not be lessened, nor my deep solicitude for tho prosperity, welfare and happiness of her people diminished, though I may no longer remain one of their public agents.- I have the honor to be, With the most sincere respect, Your obedient servant, January 29th, 1864. J . .A. BAYARD." And, On the further motion of Mr. Watson, The resignation was accepted. Mr. Williams offered a joint resolution convening the two Houses of the General Assembly, to elect a United States Senator, to fill the vacancy occasioned by the resignation of the Honorable James .A.. Bayard, Which, On motion of Mr. Williams, Was read nnd . Adopted. Ordered to the Senate for concurrence. 94 :M.r. Williams, in purs1rnnce of previous notice, · Asked, And, On motion of Mr. Watson, Obtained leave to intl'Oduce n bill entitled, " An act to increase tho salary of the Chief Justice," Which, On motion of Mr. Williams, Was read. Mr. Martin, Clerk of tho Senate, being admitted, informed the House that the Sunatc had concurred in the joint resolution con vening the two Houses to elect a United States Senator, and re turned the same to the House. 'On motion of :rvfr. Bew Icy, rrhe Clerk was instructed to inform the Senate that the House was now ready to receive them in the Hall of the House, in joint meet ing, for the purpose of clcct.iug a United States Senator, in pursu ·ance of the joint resolution this day adopted. The memb_ers of the Senate, preceded by their Speaker, and ac '·companied by their Clerk and Sergeant-at-Arms, entered the Hall of the House, and took the scats prepared for them. JOINT MEETING. ~rhc two Houses being convened in joint meeting, On motion of Mr. Saulsbury, of the Senate, The joint resolution convening them, Was read. On motion of Mr. Williams, of the House, The valedictory rcnrnrks of the Hono~·able James A. Bayard, in the United States Senate, on resigning his scat in that body, Were read. Mr. Saulsbury, of the Senate, moved, 'l'lmt the two Houses 1woceecl to elect by ballot, a person to rep resent this State in the Senate of the United States, to fill the vacancy occasioned by the resignation of the Honorable James .A. Bayard, lute a Senator from said Sttttc, Which motion Prevailed. On motion of Mr. Saulsbury, of the Senate, 'Two tellers were appointed to .receive and count the votes for· Senator, Whereupon, Messrs. Bewley1 of the Ifonsrl of Representatives, and Tatum, of the Senate, were appointed said tellers. The votes were then received by the Sergeant-at-Arms of the Senate, and by him taken to the! tellers, whci read them out in the presence of both Ifohsos of the Geneml Assembly. · They were tallied by the respective Clerks, and were as follows : For George Read Riddle, ...... 18 ·votes. For ...... •... , .. ,, ...... ,,. 8 votes. The Speaker of the Senate then declared that George Read Riel~ dle having ·a majority of' the whole number of votes, was duly electecl a Senator from the State of Delaware, in the Senate of the Unitew States, to fill the vacancy occasioned by the resignation of the Iron. James A. Ba.yard, late a Senator from said State; and thereupon three certificates of' the election of George Read Riddle, to the Senate of the United States, wore made out ngreeably to the net of Assembly, in such case made and provided ; which certific·ates were signed by the Speaker of' the Senate, and Speaker of the House of Representatives; a.nd attested by the Olerks of the respective Ifouses; On motion of Mr. Williams, of the Ifouse, The certificates were read. Mr. Saulsbury, of the Senate, offered the following joint resolu- tion, Which, On his motion, Was read. Resolved by the Senate and House of Bep1·esentatives of the State of Delawm·e, in joi1it meeting assembled, that the Iron. James A. Bayard, having for reaMns set forth in his address, in the Senate of the United States, on tho 26th inst., resigned his position in that body, a position which for thirteen years, he has filled. .with distin ,guished ability, reflecting honor alike u11on himself and his State, we .hereby expl'ess our high n1'1pl'eciation of his character, as a represen ~ative, and ability as a Stat'cisinan, and oar endorseD:1ent and appro~ val of' his course as Senutoi: from this State, in the Congress of the ·Nation. Mr. Saulsbury, of tho· Sen':i.t' Mr. Williamson, of the Senate, called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Cahall, Hickman, Saulsbmy, and Mr. Speaker, of the Senate, and Messrs. Allen, Bailey, Bewley, Fisher, Gootee, Hor sey, Raughley, Scribner, Slay, Stubbs, 1¥aples, Watson, Williams, and Mr. Speaker, of the House of Representatives-18. Nays-Messrs. Belville, 'l'atum, and Williamson, of the Senate, and Messrs. Duncan, Hayes, Lattomus, Paxson, and. Whitby of the House of Representatives-8. So the question was decided in the affirmative, And the resolution was .Adopted. On motion of Mr. Cahall, of the Senato, The proceedings of both Houses in joint meeting, were read and compared. On motion of Mt. Saulsbury, of tho Senato, The two Houses separated, and the Senators returned to their chamber. On motion of Mr. Duncan, Rule 12 was, by unanimous consent, suspended in order that the bill entitled, "An act to incorporate the Wilmington City Railway Company," Might be read a second time by its title, And the bill·was so read. On motion, The House adjourned until 8 o'clock and 30 minutes, on Monda)'. evening next. MONDAY, Febl'uary I, 1864-8.30 o'clock, P. M, The House met pursuant to adjournment, On motion of Mr. Williams, The bill entitled, " An act to increase the salary of the Chief Justice," 97 Was read a second time by its title. On motion of Mr. Waples, , 'rhe bill entitled "An act to repeal and supply Section 1 of Chap ter 63 of the Revised Code, entitled 'General Provisions, respecting Tmcle,"" Was read a second time by its title. Mr. Watson gave notice that he would, on to-morrow or some future day, ask leave to introduce p, bill entitled, " An act extending the term· of office of Recorder of Deeds." Mr. Fisher, on behalf of the committee to whom was committed the bill entitled, "An act to authorize the laying out a· public road in Broadkiln Hundred," Reported the bill back, with an amendment. On motiou of Mr. Fisher, The amendment was read and adopted, and the bill so amended, And, On his further motion, The bill was read a third time, and Passed the Jlouse. Orde1·ed to the Senate for concurrence. Mr. Waples gave notice that he would, on to-morrow or some future clay, ask leave to introduce a bill entitled, ·"A. supplement to the act entitled 'An act to incorporate the Junction and Breakwater Railroad Company,' passed at Dover, Feb ruary 13, 1857." Mr. Duncan gave notice that ho would, on to-morrow or some future day, ask leave to introduce a bill entitled, · "An act for the relief of families of volunteers." Mr. Slay gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled, "An act to repeal an act entitled ' An act to amend an act enti tled 'A further supplement to the act entitled .' An act to authorize the owners and possessors of the marsh and low grounds, commonly known and called by the name of the Culbreth's Marsh, situate in the forrest of Murderkill and Dover Hundreds, in Kent County, to cut a ditch or drain through the same.''' " On motion of Mr. Watson, H7 98 The bill entitled "An act to authorize tho Prothonotal'y of tho Superior Court of the ~tate of Delaware, iu and for Kent County, to procure a ne\v Press and Seal of office," Was read :1 second time by its title, .A.nd, On his further motion, The Senate bill entitled, "An act to vest in Philodemic Lodge, No. 7, I. 0. 0. F., the title to certain property therein mentioned '1 Was read a second time by its title, Ou motion of Mr. Paxson, The bill entitled, " A further additional supplement to an ~ct en~ titled ' An act to incorporate a company for the purpose of ctttting and making a canal between the Chesapeake Bay rind bay or river Delaware, or the waters thereof.'" Was read a second time by its title. Mr. Watson preseritecl the petition of William B; Tomlinson rind others, for an act appointing commissioners to lay out a new public road in Lewes and Rehoboth Hundred, in Sussex County, &e., Whiqh, On his motion, Was read and referred to il, committee of three, with leave to re~ port by bill or otherwise, Whereupon, Messrs. W utson, Waples and Curtis were appointed said coru; mittee. On motion of Mr. W atstln, The Senate bill entitled, "An act to amend Section 7 of Chapter 241 of the Laws of the State of Delaware, p::tssecl at Dover, l!~cb- ruary 26thi 1855," ' Was reac1 u third time, in order to puss the House. On the question, " Shall the bill pass the House ?" Tho yeas and nays were ordered; Which, being taken, wore as foli'dws : Yeas-Messrs. Allen, Curtis, Duncan, Fisher, . GemmiU, Horseyj Lattomus, Paxson, Slay, Waples, Watson, Whitby, Williams, anct J\fr. Speaker-14. Nays-Nono.