Mr. HALE:--I ask for a division of that.

The VICE-PRESIDENT:--How would it be divided?

Mr. HALE:--The motion to refer to a select committee is one
proposition, and the instructions are another.

The VICE-PRESIDENT:--That is the form in which the Senator wants it
divided?

Mr. HALE:--Yes, sir.

Mr. BIGLER:--As the Chair states the proposition, it does not reach
the object which the Senator from Kentucky had in view. The
instructions should be that the committee report to-morrow morning,
and that the report shall be the special order at one o'clock. Unless
that is done, one objection will put it over.

The VICE-PRESIDENT:--The Senator from New Hampshire asks for a
division of the question, and it is susceptible of division. The first
question is on referring the communication to a special committee of
five.

The motion was agreed to.

The VICE-PRESIDENT:--The next branch of the proposition is that that
committee be instructed to report to-morrow morning, and that their
report be made the special order for to-morrow at one o'clock.

Mr. HALE:--On that, I should like to have the yeas and nays.

The yeas and nays were ordered.

The VICE-PRESIDENT:--The question is upon directing the committee to
report to-morrow morning, and that the report be made the special
order for to-morrow at one o'clock.

The Secretary proceeded to call the roll.

Mr. CLINGMAN:--Though I am utterly opposed to the proposition, I am
willing to give it the direction its friends desire, and I vote "yea."

Mr. LATHAM:--I desire to change my vote. I have no confidence in this
thing, and I fear it will be an unnecessary consumption of time; but I
yield to the judgment of my political associates and I vote "yea."

The result was announced--yeas 26, nays 21; as follows:

YEAS.--Messrs. Anthony, Baker, Bayard, Bigler, Bragg,
Bright, Clingman, Crittenden, Dixon, Douglas, Fitch, Foster,
Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham,
Mason, Nicholson, Pearce, Polk, Powell, Rice, Sebastian, and
Thomson--26.

NAYS.--Messrs. Bingham, Chandler, Clark, Collamer,
Doolittle, Durkee, Fessenden, Foot, Green, Grimes, Hale,
Harlan, King, Morrill, Seward, Simmons, Sumner, Ten Eyck,
Trumbull, Wade, and Wilson--21.

So the motion was agreed to.

Mr. CRITTENDEN:--I move that the committee be appointed by the Chair.

The motion was agreed to; and Mr. CRITTENDEN, Mr. BIGLER, Mr. THOMSON,
Mr. SE