Mr. Aiinisos'] is speaking a little sarcastically. Laughter.] I do not repose to argue the nestion; but I think it is the better policy in this case to adhere to the bill. the amendmentofhMr. Hans wasdisagreedto.
The Clerk read as follows: On all castand shear steel. in bars.ingots. sheets. slabs.plates.coils. axles.tire, and partsof machiner forings and Wire.exceeding 3 cightbsof an inc in iamcter, valued at above 7 centsper gonad. aduty of 5 cent s per pound. and.in additiont eretol 10%. advalorem. No amendment being offered,
The Clerk read as follows; On steelwireless than one 4th of an inch diam ete and not less than numberjyxtecn WireInnge, 5centsper pound, and, in addition thereto 20%. advalorem; lessor finer than num tar 16 wiregauge.six centsperpound.and.in addition thereto, 20%.all oalorem.
Mr. MOORHEAD. I am authorized by the ComWays&Means to offer the following amendment: In the 1st line, atrike out "one 4th " and insert “ 3 8thsf’ so that the clause will read. “on steelwireless than 3 8th sof an inch in diam eter.”&c.,
Mr. HALE. I an est to my friendfrom Pennsylvania that it should read, “ not exceeding 3 8th s, ” instead of “ less than 3 ei liths.”, g
Mr. MOORHEAD. I accept the gentleman’s suggestion, and modify my amendment accordingly. The amendment, as modified, was agreed to.
Mr. MOORHEAD. I move further to amend by inserting before the words “ steel Wire” in the 1st line, the words “all steel wire, and, ” so that the clause will read, “on all steel and steel wire, " die.
Mr. MOORHEAD. It isdesignedtoinclude Will the gentleman explain a great many articles made of steel, such as ramrods, &c. articlcs thut might perhaps be designated as rods.
Mr. ALLISON. I suggest to the gentleman that it would be better to say “steel rods” in stead of “steel.”
Mr. MOORHEAD. I have no objection to that, and I modify my amendment accordingly. this amendment, as modified, was agreed to.
The Clerk read as follows: On metal, converted.cast or madefrom iron by the Bessemeror pneumiitic process. of whatever form or description nxoopt railway bars. 3 cents perpound.
Mr. MORRILL. I move to amend by in rting after the word “ bars, ” in the last line of the paragraph just read, the words “ whether invoiced as steel or iron.”
Mr. GARFIELD. I suggest to the gentleman whether he had not better add, as an additional security, the words “or otherwise, ” so that his amendment will read “ whether invoiced as steel or iron or otherwise.”
Mr. MORRILL. I accept the gentleman’s puglgestion, and modify my amendment according y. The amendment, as modified, was agreed to. The Clerk road as follows: On all railway burs.made by the Bessemer and pneumatic process.two and a half centsper pound.
Mr. MORRILL. I move to amend by striking out the clause just read and inserting in lieu thereof the following: On railway bars.made in whole or in part b the Bessemero rpneumatic process, and steel railway bars.madein whole or in part by any othor process. 2 and a half centsperpound.
Mr. GRISWOLD. I desire to ask the ComWays&Means whether they propose to amend by adding steel carriage springs, which are omitted.
Mr. MORRILL. There has been no action of the committee on that subject.
Mr. GRISWOLD. Imovc, then, to amend b“y adding after the amendment just adopted, steel carriage springs, ten cents perpound.’
Mr. ALLISON. I suggest to the gentleman that those articles would come within the limits of the next paragraph, which reads thus: On steel, in any form and on manufacturesof steel of every description not otherwise herein provided for. flirty 5%. advalorem. I think that this 'duty is certainly sufficient.
Mr. MORRILL. I think that the duty proposed in the amendment of the Gentfrom glow York [ML GBLSWOLD] is a little too high. Eight cents per pound is fully sufficient.Mr. GRIS VOILD. There is at present a difference of 60%. in favor of the English manufacture. BntI will accept the suggestion of the Gentfrom Vermont, and modify my amendment by substituting “eight” for “ten.” the amendment, as modified, was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by inserting after the amendment just adopted the following: On railway fro. frog points. fish bars.nud'fingor bars.four and ii half centsper pound.
Mr. PRICE. I would sug est that fish bars a“re already in the bill, on or the name of s dice bars.”
The Clerk read as follows: On stool.in anyform and on manufacturesof steel of every description, not otherwisodioroln provided for. 45%.all valor cm.
Mr. AME8. I move to amend the am graph just read by striking out “ 45" and inserting “ 55, ” so that the duty shall be “ 55%. advalorun.” Mr. Chairman, I offer this amendment in order to cover the advance made in steel. There is no advance in the duty imposed on the manufacture of steel; but the price of steel is increased 2 and a quarter to 3 cents perpound. This amendincutis necessary, in order that the manufacturer may stand as well as before.
Mr. MORRILL. Ifthe gentleman will mod ify his amendment so as to make the duty 50%., I will not object.
Mr. AM ES. I accept the gentleman’s suggesltion, and modify my amendment accor ing y. The amendment, as modified, was agreed to. Mr. ELDRIDGE. I move to amend by inieirting the following after the paragraph last re a On all bonds.certificates of stock.orother evidences of indebtednessof the U.S or any State. brought back or returned for payment.sale or collection beforedue.10%.ad valorem. [Laughter] The amendment was not agreed to.
The Clerk read as follows: On crine line stecl wire.flattened and tempered, 7 centsper pound.
Mr. DODGE. I move to amend by inserting after the word “tempered, ” in the clause just read, the words “ whether covered or otherwise.” The object of this amendment is to protect our home industry against the importation of the crine line wire already covered.
Mr. DODGE. I move further to amend by striking out the word “ 7 ” and inserting in lieu thereof “ten, ” and by adding after the word “pound” the words “and 10%. advalorcm;” so that the clause will read, “on crine line steel wire, flattened and tem pered, whether covered or otherwise, ten cents or pound, and ten%. advalorem.” his steel wire for skirts is a very large manufacture. It is made from the steel rods. The addition made by this tariff to the duty on steel rods is very large, equal to $124 perton, while the increase of the former duty on wire is only 22 cents. The consequence will be that the large number of persons engaged in this manufacture at home Wlll be turned out of employment. The wire will be imported already prepared, and the steel will not be drawn down in this country. The amendment was rej‘ected.
Mr. DODGE. I am sure the chairman of the committee is aware of the great importance of this interest. There is employed in the maul nfacture of this article in this country more than 200,000 people.
Mr. MORRILL. Iine veto strike out “ 7 ” and insert “ten, ” so that it will read, “ on crin oline steel wire, flattened and tempered, ten cents perpound." No doubt that increase is necessary. I am assured by those engaged in the business that it ought to be 15 in order to 've a profit to the manufacturer. he amendment was agreed to.
Mr. HALE. I move that the committee rise. It is Saturday night, and we ought to have a little time to prepare for Sunday.
Mr. MORRlLL. hope the committee will sit to the usual hour of half past four. The motion was disagreed to.
The Clerk read as follows: On cross outsaws. 12 centsper line al foot: on mill. pit and drag saws not over 9 inches wide 15 centsper linualfoot; over 9 inch wi o. 25 centsper lincal foot. No amendment bein offered,
The Clerk read as fo lows: On hardware. tools.implements.carpenters' tools. vises. braces. hitts, fire tongs and s building ovcls.houso hardware not otherwise herein provided for.sheaves.scales.instrumentsforsurzical and med ical uses and all like finished articles ofstecl.wholly or in part or of iron. brass copper or other metal and whetherwashed. plated or gilt. 45%.ml oulorem.
Mr. O’N EILL. I ask the chairman whether this clause of the bill comes up to the expectation of the hardware interest of the country.
Mr. MOltRILL. That is rather a hardware question.
Mr. O’NEILL. And in behalf of the Amer ican hardware manufacturers I ask for the information. I will now move to strike out “ 45 " and insert “ 60 ”%. advalorem. Mr. Chairman, some wee s ago a communica titfii was sent. to some of the members of the House by the Philadelphia Hardware Trade pican made Association, in which that organization indicated a desire that the duty on hardware should be increased on an averagctwente 5%. over the duty in the existing tari. My amendment provides for such an addition to the recommendation of the committee as would make an average increase on imported hardware to that amount. 1 hope the chairman of the ComWays&Means will not object to this reasonable request. It is only just to the American hardware manuf turers that the increase should be granted, be ause we have in the tax bill now about to become a law increased the taxes upon the goods made by them, and I think we should endeavor, as soon as possible, at least, to raise the duty on foreign hardware to the same extent as the higher taxation proposed in our internalrevenue bill, and also consider the high rate of gold and materials.
Mr. KASSON. Is it the rule to give each interest all it asks?
Mr. O'NEILL. In some cases I presume particular interests have been given not only as much, but more, than they have asked. c chairman of the ComWays&Means a few minutes ago said that the duty on crine line wire should be as high as 15%. advalorcm, when, as I understand it, ten per, cent. was as much as the home manufacturers desired.
Mr. MORRILL. I said the manufacturers declared they could not manufacture it for less than 15, but I did not say they ought to have it.
Mr. O’NEILL. My impression was that the chairman of the committee had said that he was satisfied that the duty on crine line should be higher than was asked, but he explains that it was the manufacturers who said so. I did not, of course, desire to state him wrong. The manufacture of American hardware is one of the most important branches of our industry. Large capital has been invested in it, and if we want to protect this branch of manufacturing we should not hesitate to increase the duty to the ointwhich I have named. Amer ardware, under the auspices of a favorable tariff, 'would entirely keep out the foreign made article, even at the enormously high premium on gold. It is conceded that we can produce abott'er article, especiall in building hardware, and in fact in most other kinds, than the imported. Hence, why not cherish our own manufacture of it, and while the large number of operatives and skilled workmen engaged in the numerous factories and shops are pay by day improying in skill, why not give the increased protection to the capital invested? I hope my amendment will prevail. The amendment was disagreed to.
The Clerk read as follows: On all harnessandsaddlcryhardware. 50%. advalorem. Noamendment bein offered,
The Clerk read as fo lows: 0n muskots.rifles. fowllng piocos.Film“ and all other fire arms. 40 5%. ad no rain. No amendment bein offered,
The Clerk read as fo lows: 0n swordsandsword blades.25centseach bl do and in addition thereto. 45%. ajvuIorcm. No amendment being offered, ThQClerk read as follows: On planter's or other hoes.wholly or in part of steel or iron, 2 dollars perdozen. No amendment bein offered,
The Clerk read as fo lows: 0n files.file blanks, rasps and floats.not exceeding 5 inchesin length.4 centsper dozen; over 5 inches, andnotover sovouinches.65 cepu perdozen: over 7 inches and not 0'or 9 inches. one dollar perdozen; over 9 inches and not over 11 inches. one dollar and 35 cents perdozen; over 11 and not o er 13 inches, 2 dollars perdozen: over 13 inches and not over 15 inches.two dollars and 70 centsper dozen; over 15 inchesin length. 3 dollars and 25 oentspor dozen. No amendment being offered,
The Clerk read as follows: On copperore. 15%.a/d mlornn. i 1866. the
Mr. BEAMAN. I hope, the amendment will not be ado ted. There are large investments made in this branch of industry in the State which I have the honor in part to represent, and this interest has been languishing very much during the last 2 or 3 years. Mr. Chairman, it seems to me i. t the tax of 15%. ad calm em proposed in the bill is very small.
Mr. HOOPER, of Massachusetts. If the gentleman will give way, Iwill move that the committee rise.
Mr. HOOPER, of Massachusetts. that.the committee rise. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. ScoriELD reported that the ComWhole on the state of the Union, according to order, had had under consideration the hill of the House (No. 718) to provide increased revenue from imports, and for other purposes, and had come to no res olution thereon. NEWJERSEY SOLDIERS, CERTIFIChES.
Mr. NEWELL, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Renolved That the comPostOffice and PostIloads be requestedto inquire into the expediencyof authorizing the adjutnnt goncralofNew crscytodistribute through the mails freeof estaira certain certificatesof honor awardedby the cgislu ture to soldiersof that State and that they report by bill or othermse.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. FORNEY, its Secretary, notifying the House that that body had agreed to the conference asked for on the disagreeing votes on House bill No. 613, to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes, and had appointed Messrs. wILSON, ARRIS, and Nasiuru managers of said conference on its part. I move, PARIS EXPOSITION.
Mr. BANKS, from the committee of conference on the disagreeing votes of the 2 Houses on the jtResolution relating to the Paris Exposmon, made the following report: The committee of conferenccon the disagreeing votes of the 2 Houses on the amendmentsto the jointresoltion (H.R. No.)2 to provide for the expenses flnffl(lln lllle exhibition of the products of industry of thoU.S. at the Exposition at Paris 111181h3a7v.ingmet.after full and free conference haveagreedto recommend and do recommend, to their respective Houses as follows: 1. That the HoRepdo concur in the amendmentsof the Scpate with amendments.as follows: in section one, line 15. strike out the words“ in coin;" in section one.line 17, strike opt the words “in coin:" in section one. Line 28. strike outiho words“ and return:" in section one. line 36, strike out the words “going and coming:” in sectionone. line 43, strike out the words“ in coin." 2. That the Senate dougrceto thesaid amendments to the amendmentsof the Sepsis. A HARRIS. JAMES GUTHRIE. A. H. er N. Manager:on the purl of (heSenate. N. P. BANKS.R.P. SPA ilniro, Manager: S. S. MARSHALL. on the part q/ the home.
Mr. BANKS. The amendments made by this re.ort reduce the appropriations made by the Senate’s amendments from about 205 to 156,000 dollars. I trust that the House will consent to the amendments of the Senate as amended by this report. I demand the previous question.
Mr. 1038. I suggest to postpone this until my colleague [Mr. Wasnncaxn] is present. [Langhten]
Mr. BANKS. I am sorry the gentleman is not here; but the parties employed by the Government in making arrangements for the Exhibition desire as little delay as possible.
Skip Skip The previous question was secon ed and the main question ordered.
Mr. VILLIAMS. I demand the yeas and navs on agreeing to the report. The was&nays were not ordered.
Mr. ARDING, of Illinois. [call for tellers on ordering the yeas&nays. Tellers were refused.
Mr. LAWRENCE, of Ohio. I move to lay the report on the table; and on that I demand the yeas&nays.
The Speaker. the adoption of that motion would carry the JtResolution with it.
Skip Skip The yeas&nays were not ordered. The question recurring on agreeing to the report of the committee of conference, there were ayes 75, noes 10; no quorum voting. Mr. BANKS. I call for tellers. There is evidently a quorum in the Hall. Tellers were ordered; and Messrs. BANKS and willIAMS were appointed. The House again divided; and the tellers reported ayes 73, noes 21. So the report of the committee of conference was agreed to. Mr. BANKS mtRtv the report was agreed to; on the table. agreed to. And then, on motion of Mr. GARFIELD (at25 minutes to 5 o’clock p. m., l the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. ke" were presentednnder the rule and referredto the appropriate committees: By Mr. HOTCHKISS: A petition of citisens of Schuyler county, NewYork. in favor of a National Insurance Bureau. By Mr. MYERS: The petition of 69 farmers mechanics and laborers, of Reading, Berks county. Pennsylvania, asking for an increased tend to proteBctyAmerican labor. Mr. TH AYER: The petition ofAmerican farm ers, mechanics and laborers.for aprotective tariff. By Mr. SAWY R: The petition of Christiapa Brewer. of Stockhridge, Calumet county. Wisconsip roying for the passageof.an act authonzmir said liristiana Brewer to enter in her own nainclot No. 1213S.lockbridgo reservation, Wisconsin; or an pet instructing the proper officer to order a rehearing in the matter.
@@@IN SENATE SENATE. Mospar, July 2, 1866. Prayer by the Cha lain, Rev. E. H. GRAY. On motion of Mr. ONNESS, and by unan imous consent, the readin of the Journal of Saturday last was dispense with. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a communication from the SecyWar, transmitting, in response to n resolution of the Senate of the 10th of May, a repert of the chiefof Ordnance furnishing information as to the present condition of the public works at Harper’s Ferry; which was ordered to lie on the table and be printed. ALBERT ELMORE.
Mr. CLARK, from the select committee to whom was referred the memorial of the levee commissioners of the State of Louisiana and of the Yazoo district of Mississippi, submitted a report accompanied by a bill (S.No.405) making approriation for the reconstruction and repair oft c levee of the Mississippi river, in the States of Mississippi, Louisiana, and Arkansas, and for the improvement of the river. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. Lr. BROWN, from the ComMilAffrs, to whom was referredaJtResolution (S.R.No. 19) for the benefit of certain volunteer troops of Missouri who served dur'ing the war, reported it without amendment.
Mr. NESMITH, from the ComMilAffrs , to whom was referred aJtResolution (8. R. No. 114) for the relief of John A. Conn, asked to be discharged from its further consideration and that it be referred to the ComClaims; which was agreed to.
Mr. LANL, of Indiana, from the ComMilAffrs , to whom was referred aJtResolution (H.R.No. 172) for the relief of John M. Broome and others, the band of 12th Kentucky infantry, reported it without amendment.
Mr. HOWARD, from the ComPacificRR, to whom was referred a bill (S.No.887) to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, military, and other purposes, reported it with 0. enments.
Mr. WTLSON. I am ireeted by the ComMilAffrs , to whom was referred the bill (H.R.No. 725) to provide for the payment of the 6th, 8th, and 11th regiments of Ohio volunteer mi litia, of Cincinnati, Bard’s company of cavalry, and Paulsen’s battery, during the time they were in the service of the U.S. in 1862, to report it back without amendment and recommen its passage. This is a very brief bill to pay for services which I think ought to have been paid for long ago, and I ask that the bill be put on its passage at once. It will take but a.moment. B unanimous consent the bill was considere as in ComWhole. It was reported to the Senate with0ut amendment, ordered to a 3rd reading, read the 3rd time, and passed. niLLs INTRODUCED.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.406) for the removal of causes in certain cases from State courts; which was read twice by its title, referred to the ComJudiciary, and ordered to be printed. He also asked, and by unanimous consent obtained leave to introduce a bill (S.No.407) to amend an act entitled “An act to establish the judicial courts of the U.S., ” approved September 24, 1789; which was read twice b its title and referred to the ComJudiciary.
Mr. NYE aske, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 118) relatin to the International Exhibition at Paris, in teempire of France, during the summer of 1867, and the representation of the mining interests of this country thereat; which was read twice by its title and referred to the ComMining. He also asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 119) relating to the International Exhibition at Paris, in the empire of France, during the summer of 1867, and the representation of the mining interests of this country thercat; which was read twice by its title, and referred to the ComMining. MILITARY ROADS IN OREGON. The Senate proceeded to consider the amendments of the HoRep to the bill (S.No.99) granting lands to the State of Oregon to aid in the construction ofamilitary road from Albany, Oregon, to the eastern bound ary of said State.
The Secretary read the amendments of the HoRep, as follows: On page 1, line 9, strike out the word “ for." ti oOnns, t"he same page and line, after the word "sec “ road, "s tirniklienooutetna.ll down to and including the word andinscrt “perinile tobeseleeted Within 6 miles cfsaid ro. On page 2, in line eight. after the word “that"' where it occurs the 2nd time. insert “when ten miles of said road shall be completed." On the same page, line ten. after the word "sold, " inefirtTcontertnine us tosaid completedportion of said roa. " sOonldt, "he same page, li nefonrteep, after the word insert "coaterinine us to said completedportion of said read."
Mr. NESMITH. I move that the Senate concur in the amendments of the House. The motion was agreed to. The Senate roeeeded to consider the amendments of the HoRep to the bill (S.No.58) granting lands to the State of Oregon to aid in the construction of a military road from Corvallis to the Aciuina bay. The amendments were on page 1, inc 3, after the word "lay, " to insert “ 3;” in the same line to strike out the word “of” and insert “per mile from the;” in line 4, after the word “number, ” to strike out all down to and including the word “road” in line 5, a“nd to insert in lieu of the words stricken out and not more than 6 milesfrom;” on page 2, line two, after the word “say, ” to strike out all the words to the end of line 3; in line 6 to strike out “another” and insert “a, ” and in line 7, after the word “ anted, ” to insert “ contermine us to said comp eted portion of said road.”
Mr. NESMITH. I move that the Senate concur in these amendments. The motion was agreed to. HOUSE BILLS REFER RED. The following bills and JtResolutions from the HoRep were severally read twice by their titles, and referred to the ComPubLands: A bill (H.R.No. 187) erecting the Territory of Montana into a separate surveying district, and for other purposes; A bill (H.R.No. 255) to authorize a departure from the established mode of surveying in certain cases; A bill (H.R.No. 746 for the or nization of land districts in the erritories 0 Arizona, Idaho, Utah, and Montana; A JtResolution (H.R.No. 180) extending the time for the completion of the A icult ural College of the State of Iowa; an AJtResolution (H.R.No. 181) to enable discharged soldiers to change the location of their homestead selection in certain cases. LAND TITLES IN BENICIA.
Mr. CONNESS. I move to take up House bill No. 657, which was under consideration on Saturday. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 657) to quiet the title to certain lands within the corporate limits of the city of Benicia, the pending question being on the amendment reported by the Committeelon Public Lands, to add, as an additional section, the following: Site. 2. Am! Abife: That all the right and title of the U.S.to the land within the corporate ilm1t5 0fthe town of Santa Crnr. in the state of Californin as defined in the actof the Legislature of that State incorporatin said town, he, and the same are hereby, relinquishc and grantedto the corporate authorities of said town and their successors, in trust for and with authorit to conveyto the bgroannatfide occupants of said land: root'dedT, hat this shall not extendto any reservation of the U.S., nor prejudice any valid adverseright or claim. if such exist, to said land or anyllmrt thereof, It‘ll?p!riecludea judicial examination an adjustment ereo.
Mr. CONNESS. There was an errorin that section as reported by the committee, and I move to amend the amendment by striking out all after the word “that” and inserting the following: All the right and title of the U.S. to the land within the corporatelimits of the town of Santa Cruz, in the State of California. as definedin the act of the Legislature of that State incorporating said town. he, and the same are hereby, relin uished and grantedto the corporate authorities of said tow nand their successors, in trust for and with authority to convey so much of said lands asare in the lgonafide occupancyof partiesupon the passageof this act b themselves or tenants to such parties: Provide, That this grant shall not extend to any reservation of the U.S. nor preiudiee any valid adverse right or claim. if such exist, to said land or any part thereof, nor preclude a judicial examination and adjustmentthereof. The amendment to The amendment was agreed to. The amendment, as amended, was adopted. The bill was reported to the Senate as amended, and the amendment was concurred in, and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed.
Mr. CONNESS. I move to amend the title of the bill by adding the words, “ and the town of Santa Cruz, in the State of California.” The amendment was.agrced to. cruunns nanwna AND COMPANY?
Mr. CHANDLER. I move that the Senate proceed to the consideration of House bill 0. 555. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H. R No. 555) for the relief of Charles Brewer dz Co. It directs the payment to Charles Brewer 8:. Co., of Boston, of the sum of $3, 630, in full for the passage, on the Hawaiian bark Kamahamaha, of 60 8 destitute American seamen belonging to American vessels which were burned y the Anglo confederate pirate Shenandoah, from the the island of Ascension to Honolulu. The ComCommerce reported an amendment to the bill, which was after the word “Boston, ” in line 4, to insert “in coin.”
Mr. CLARK. It seems to me that amendment is a very singular one. I do not know that we have ever undertaken to pay private claims in coin before. I should like to hear something as to the necessit of it.
Mr. C ANDLER. Thisrs for the transportation of our sailors fromadesert island w cre they were left by the rebel pirate Shenandoah. The ship in which they were transported belonged to a subject of the Hawaiian Government, and of course coin is the only thing that is used there; our currency is not known there. We pay the same rate precisely that the Ha waiian Government paid for the bringin of their own subjects to the SandwichIslands at the same time and it was deemed by the committee right and just and proper that the claim should be paid in coin rather than in the currency of this country.
Mr. CLARK. But these people are of Bos on.
Mr. CHANDLER. The parties named in the bill are simply agents. the owner of the ship is a subject of the Hawaiian Government. Charles Brewer dz Co. are simply agents for the collection of the claim.
Mr. CLARK. I suppose the shipping is all owned in Boston; these people are the real owners; and it seems to me this is a new case. I think if the amount of the bill is not sufficient in currency, it had better be made so in currency, and not be aid in coin in this way. It is the 1st instance T have ever known where a private claim was proposed to be paid in coin.
Mr. CHANDLER. We pay all our consuls and diplomatic agents in coin. Allmoneythat we expend abroad out of this country is.paid in corn.
Mr. CLARK. That is a matter of salaries when we provide for people abroad; but here we are preposing to paya private claim to people of our own country, and it seems to me the ought to be satisfied with the currency in which we pay all other citizens here.
Mr. CHANDLER. The money is not to go to citizens of our own country. The citizens of our own country named hereare simply:1 cats to collect the claim for a subject of is njesty the King of the SandwichIslands.
Mr. CLARK. The bill says on its face that it is to pay a house in Boston.
Mr. HANDLER. They are the agents to collect the claim.
Mr. CLARK. If they are agents and other parties are the principals, what right havethey licre'? They should come through the State Dept.
Mr. CHANDLER. This came from the State Dept to the ComCommerce.
Mr. CLARK. Recommended by the State dept to be paid?
Mr. CLARK. I still think it should be paid in the currency of the country. I am opposed to the amendment.
Mr. CHANDLER. It is for the Senate to say whether they will repudiate 50%. of an honest and just debt. I think the amount is 30 dollars for the transportation of each of these men from a desert island where they were left by the rebel pirate Shenandoah. This Sandwich Island vessel was sent to that island to bring off some subjects of the Sandwich Islands who were left there, and they took our abandoned sailors and carried thorn to the SandwichIslands. We are to pay precisely the same price, not a cent more nor less. as was paid by the Government of the SandwichIslands, in coin, for the transportation of their own subjects in. sustains. Where is this money to be aid? p
Mr. CHANDLER.“ it is to be paid to Charles Brewer & Co., of Boston, who are simply agents for the collection of the claim.
Mr. CLARK. The point is this, that we ought not to appropriate money in coin to pay our own people. Itp this bill is not large enoug in currency ct the ComCommerce take it and fix the proper sum, and not bring it in here for agiven sum and afterward move an amendment providing for paying it in coin. I think we should pay all our citizens in the currency of the country and make no distinction in that regard. I wish the bill to be recommitted or lie over until the committee can make an estimate how much is, in currency, the proper sum and have the claim paid in that way.
Mr. CHANDLER. There is just one way to pay it, and that is to pay itin money.
Mr. GRIMES. I calFfor the reading of the communication made by the State Dept to the Senate on this subject.
The PRESIDENT ro temporc. The doc nment alluded to, if in the possession of the Senate, will be read.
Mr. SUMNER. While the Secretary is lind in" that document permit me to remark
Mr. CLARK. Let the bill lic over to be examined.
The PRESIDENT protemporc. The Chair is advised that there are no papers accompany in the hill. 0 1
Mr. SUMNER. If the claim is to be paid at all, it ought to be fully paid. Now, asI understand it, the payment lfl currency is not a full payment.
Mr. SUMNER. The expenditure was in coin, and we are to make the party good.
Mr. SUMNER. I see no way in which we can make him good except by coin. The Senfrom NewHampshiro says make a calculation in currenc; but can we do that? Suppose you had made your calculation 3 weeks ago, you would have made it on the basis of 30%. advance, 30%. as the value of the exchange. If you make it now, you must make it on the basis of 50 or 60%. What will it be next week, or what will it be a month from now, when this payment may be consummated? Nobody can tell. I say, therefore, the direct practical way is to naklc it payable in coin. "hat fixes it absolute y.
Mr. GRIMES. I think it is very certain that at any rate we ought to have something upon the record here, in the shape of a report from the committee or a communication from the State Dept on this subject, before we proceed to act upon the bill, because upon the face of the transaction, as it appears before us today, this is a mere payment of a claim to citizens of the U.S., in coin, for the transportation of persons upon the Hawaiian bark amahama. That is the mere designation of the vessel. That Hawaiian bark was owned by citizens of the U.S or was chartered by them.
Mr. CHANDLER; No, sir; neitherowned nor chartered by them. It was owned by a subject of the Hawaiian Government, and these No; it has been before citizensof the U.S. are merely agents to collect the claim.
Mr. GRIMES. Does it not strike the Senfrom Michigan as being very important, then, that there should be something on the record here to show that Charles Brewer dt Co. are authorized to receive and receipt for this money? Why do we make the payment to Charles Brewer d; Co., as being the principals, npparently. 9n the face of the bill? If they are entitled to this moneyI want them paid. if they are citizens of Honolulu or anyone of the SandwichIslands group let them be paid in coin, but let us not establish a precedent here which will be inconvenient to us in the future. So far as the record shows, Charles Brewer & Co. are citizens of Boston, in the State of Massachusetts, without being the agents of anybody; and we propose to pay them, as the principals in this transaction, in coin. I more that the bill either lic upon the table or be recommitted to the committee, to let it be accompanied with a report. If the facts be as stated by the Senfrom Michigan, and we have a record that will govern us in the future, that will be printed and laid upon our tables, I am for paying the claim.
Mr. CHANDLER. I of course have no interest in this matter. The bill was before the ComCommerce, and was carefully considered. it is needless to refer it back to the ComCommerce. If it is to lie over I suggest that it be referred either to the ComClaims or to the ComNavAffrs, or I will name the 2 jointly and move that it be referred to the ComClaims and the ComNavAffrs, and that they be directed to bring in a report.
Mr. GRIMES. I will only say that no such claim as that has ever passed the ComNavAffrs in the last 6 years.
Mr. CHANDLER. Nor any other that I know of.
Mr. CLARK. I made the remark some little time ago that it would be well that this should go through the State dept, and the Senfrom Michigan sai it had been through the State Dept.
Mr. CHANDLER. It. came to the ComCommerce from the State Dept.
Mr. CLARK. I am not contradicting what the Senator says. On a call for the information from the State Dept at the table it was not to be found. Now, is it not reason able that the bilf should lie over until we can see what is the communication from the State Dept‘! That is all I desire. I have no desire that it shall go to the ComClaims separately or conjointly with any other committee. Neither have I any desire to delay the passage of a proper bill. I only desire time to look into it, and see that we do not pay some of our own citizens in coin when we are paying other people in currency. Let it lie over, and we will try to see how it is. I move that the bill be postponed until tomorrow. The motion was agreed to. RAILROADS IN MINNESOTA.
Mr. HENDRICKS. It is impossible to‘hn derstand the modifications made in this bill by the committee of conference simply from the reading of the report, and it is due to the senate, I think, that the Senator who represents the committee of conference should state to us what the modifications of the bill are.
Mr. WILSON. I will state that the changes are merely formal, and do not alter the sense or purpose of the bill. There is one change, perups, of some importance, but it affects nothing; and that is to one of the sections of the amendment in regard to the restoration of lands. The bill provides that the persons who have claims on er the Sherman order shall have their cases examined we retain the form of words moved by the Senator himself and that they shall have lands set apart for them. We strike out the words authorizmg and directing the President to give up these lands, as it was a question of doubtful power whether congress could direct him to do anything about them. We provide for taking care of these persons, that they shall have the privilege of taking this year’s crop off the land; and we provide further, that if they have made any etterments on the lands they shall receive a consideration for them; and we leave the President to restore the lands on the 1st of January next or at another time he leases.
Mr. HEN RICKS. I will ask the Senator if I understood one point aright. I gathered from the report that the President is not authorized to restore to the original owners these lands until he has 1st secured to each one of the colored occupants under the bill lands elsewhere. Is that the effect of the report?
Mr. WILSON. The provision on that subject is the same as was contained in the ori ginal bill. This report does not alter the ori ginal provisions of the bill. We provide in the amendment “the Senate, which has been concurred in by the House with some verbal changes in the mode of exression, but without changing the idea or obligation, that the 900 persons who have claims under the Sherman order shall have their claims examined and determined upon by the commissioners in SCarolina and Georgia, and that they shall have certificates on the islands which the tax commissioners have set apart for them; that these claims which these persons will have on those lands shall stand good for 2 years, and if they do not attend to them in that time they will be invalid. We provide further that these persons shall have the privilege of taking the present crop off the land, and that they shall have the benefitof any betterments they have made on the land, just as was provided in the original bill; but we have stricken out the words authorizing the President to restore the lands to the origi nal owners, on the ground that it is a question whether Congress has got any power over that subject at all; that, as a military order, it is a matter for the President to deal with himself and to take the responsibility of doing it in his own time. He cannot do it, however, until these persons have had the privilege of taking off this year‘s crop. The President may do it on the 1st of January next, or the 1st of Feb ruary, or at any time he pleases, at his own option. We do not say anything about it; we leave it to him. There is nothing in the sense of the bill changed at all. There was really no substantial difference of opinion between the 2 Houses on these matters, and the bill was referred to a committee of conference more for the purpose of changin some modes of expression than for any at ier. I think the amendments are in! rovcments on the bill.
The President protempore. The question is, Will the Sgnate concur in the report of the committee of conference ‘I The report was concurred in. rams UNivimsAL EXHIBITION.
Mr. HARRIS submitted the followingreport: The mmittee of conferenceon the disagreeing voteso the 2 Houseson the amendmentsto the JtResolution (H.R.No, 521mprovide for the expensesattendin the exhibition of the productsof industry of thoU.S. at the Exposition at Paris in 1867.having met, after full and tree conferencehave agreedto recommend, and dorecommend, to their respectiveHousesas follows: 1. That the HoRepdo concurin the amendmentsof the SenateWith amendments, as follows: in section one, line 15, strike out the words“in coin:" in sectionone, line 17.striko out the words“ in com;" in sectionone, line 20 cight. strike out the words “and return:" in section one, line 36, strike out the words " going and coming;" in sectionone, line 43, strike out the words “in coin.” 2. That the Senatedo acresto the and amendments to the amendmentsof the Senate. JIARMAEHSARGRUIST.HRIE, A. Ll. CRAGIN. Manager:on the part of the Senate. N. P. BANKS, R. P. SPALDING. S. S. MARSHALL. Manager:on the part of the house. The report was concurred in. rows MILITARY CLAIMS.
Mr. WILSON. I moveto take up Senate JtResolution No. 93. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 93) providing for the appointment of a commission to examine and report upon certain claims of the State of Iowa. It requires the POTUS to appoint 3 commissioners, whose duty it shall be to examine and report, on or before the 1st day of December next, upon the claim of the State of Iowa for forage, transportation, subsistence, and clothing furnished by the State to certain rol unteers of the State, who, under the command of Colonels Morledge and Edwards, and at the request of certain officers commanding troops of the U.S. in the State of Missouri, marched into the State of Missouri to cooperate with the troops of the U.S. in that State in suppressing the rebellion; also the claim of the State of Iowa for repayment of certain moneys paid by the State in raising, arming, equipping, paying, and subsisting certain troops of the State maintained by the State on its southern and northwestern borders during the late rebellion, for the purpose of defendin the State against attacksby bushwhackers an Indians; and also the claim of the State for compensation for certain forage procured and barracks built. by the State on the northwestern border thereof and turned over by the State to and used by the U.S. Th. ComMilAffrs reported the JtResolution, with an amendment in line 4, to strike out the words “ 3 commissioners” and to insert “ a commissioner.”
Skip Skip The amendment was agreed to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. NIAGARA SHIP CANAL.
The PRESIDENT protampon. The morning hour having expired, it becomes the duty of the Chair to call up the social order assigned for thishour, which isthe bill (H.R.No. 344) to incorporate the Niagara Ship Canal Company.
Mr. HOWE. The Senfrom Maine [Mr. Monninn] is still unable to be in his seat, and I am unwilling to proceed with that bill during his absence if he is going to be able to be here in a short time. I therefore move its pOstponement.
The PRESIDENT protempera. It is moved that the further consideration of this bill be postponed until tomorrow. The motion was agreed to.
Mr. WILSON. I now move to take up House bill No. 448. It is of some importance to act early upon it. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 448) to authorize the construction of a railroad through certain land of the U.S. in Kansas. It authorizes the Leavenworth City Railroad Company to construct a horse railway, with one or 2 tracks, through the military reservation from Fort Leavenworth to the city of Leavenworth, Kansas and take for the accommodation of the road or its business a strip of land over the reservation not exceeding 20 feetin width; but the location of the railroad through the reservation is to be on and along the west side of the wagon road leading from the city to the fort, and the company are to erect their own bridges and crossings, and not be permitted to use those of the wagon road; and whenever this strip of land shall cease to be used for the purposes of the railroad company or the accommodation of its business it is to revert to the U.S. The ComMilAffrs reported an amendment, to add at the end of the bill the following: SeTchraettatrhyis privile 0shall be allowed as long as the of War 5 all, in his discretion. determine, and no longer.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be eiivrossed and the bill read a 3rd time. The bilI was read the 3rd time and passed. ETHAN RAY CLARK AND SAMUEL WARD CLARK.
Mr. HARRIS. I move that the Senate ro ieed to the consideration of Senate bill o. 02. The motion was agreed to; and the bill (S.No.402) to confirm the title of Ethan Ra Clark and Samuel Ward Clark to certain lands in the State of Florida, claimed under a rant from the Spanish Government, was ran the 2nd time and considered as in ComWhole. It prooses toconfirm the title of Samuel Ward Clar and Ethan Ray Clark to a tract of land 5 miles square, on Black creek, south of the StMary s river, in the State of Florida, and bounded ppon one side by the StMary’s river, and upon the other side by vacant lands, being the same lands to which a exclusive right to take the timber was ante by the Spanish Government to John nderwood, and upon which he erected a saw mill iu 1805, and which was he t up and continued for many years; but noting contained in this act is to operate to the prejudice of any claim which may be set up to the land by reason of any previous sale; nor is this act in any way to preJudice any claimant under John Underwood, or any person deriving title or claim thereto under him, his heirs or assigns, or of any person or persons who may be entitled to precniption rights under any existing laws of the U.S. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JAMES POOL.
Mr. WILLIAMS. I move that the Senate Sneeed to the consideration of Senate bill No., The motion was agreed to; and the bill (S.No.311) for the relief of James Pool, was read the 2nd time and considered as in ComWhole. It directs the SecyInterior to pay to James Pool the sum of $1, 287 10; but $487 50 of this amount is to e paid out of any annuities or moneys payable to the Senecas and Shawnee Indians, if there be any, and if none, then the whole sum "it"; he paid out of the Treasury of the U.S.
Mr. GRIMES. I call for the reading of the report.
Skip Skip The bill was reported to the Senate Without amendment, orderengross for a 3rd reading, read the 3rd time,nd passed. Messiaen FROM THE House. A messa e from the HoRep, by Mr. LLOYD, Chief Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 315 for the relief of the inhabitants of towns an villages in the territories of NewMexico and Arizona; and A bill (H.R.No. 747) to consolidate the land offices in the several States therein named. The message further announced that the HoRep had passed a bill (S.No.125 granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Placerville, in the State of California, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the JtResolution (H.R.No. 52) to provide for the expenses attendin the exhibition of the products of industry of the U.S. at the Exposition at Paris in 1867. LEAGUE ISLAND.
Mr. HENDRICKS. I move to take up House bill No. 452, which is the bill authorizing the Navy dept to accept from the city of Philadelp ia Lea ne Island for the purposes of a navy yard. "he bill was reported from the ComNavAffrs a couple of weeks since.
The PRESIDENT ro tempera. The title of the bill will be rea at the desk. The SECRETARY. “A bill to authorize the SecyNavy to accept League Island. in the Delaware river, for naval purposes, and aid for, and still remains unpaid. He now i to dispense with and dispose of the site of the existing yard at Philadel hia.”
Mr. HENDRICKS. Upon asuggestion that has been made to me, I Will move to postpone the further consideration of this bill until tomorrow.
Mr. HENDRICKS. Let it be taken up and postponed until tomorrow.
Mr. CLARK. That will leave it just where it is.
Mr. HENDRICKS. Then I withdraw the motion. TERRITORIAL GOVERNMENTS.
Mr. WADE. I move to take up House bill No. 508. The motion was a ed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 508) to amend the or me acts of the Territories of Nebraska, Co orado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and NewMex| ice, the pending question being on the motion of Mr. Bcexauzwuto strike out section [nine] 3 in the followmg words: SEC.[9] 3. Abife:, That within the Territories aforesaid there shall be no denial of the electivefranchise to citizensof the U.S. becauseof raceor color.andall persons shall beequal before the law. And all actsor parts of acts, either of Congressor of the Legislative Assembliesof the Territoriesiif'oresaid inconsistentwith the provisions of this act are herebydeclarednull and void.
Mr. WADE. I said all I desired to an on this question when the bill was up before. [his is the section that gives to the people of the Territories universal franchise without distinction of race or color. I hope it will not be l stricken out. Every Senator has his mind made " up; I do not wish to argue it. Nothing could be added now to the question by way of argu went. I
Mr. STEWART. Mr. President, I was struck with some of the remarks made by the Senfrom Delaware, and particularly by his statement that if the northern people had known that slavery would he abolishe as the result of the war, they would not have engaged in the war, would not have enlisted in our armies. I should like to ask the Senfrom Delaware whether he believes that if Jeff. Davis & Corn any had known that the would be whipped, they would have engagetfin this rebellion.
Mr. SAULSBURY. I will answer the gentleman with pleasure. He is just as familiar with the opinions and sentiments of JeffDavis as I am, and I have no doubt he is justas inti. I served awhile; avrs, on this floor, but I never was "intimately acuainted with him. with
Mr. so intimate with him as to know his opinions upon any subject. He may be one of those heroes, who, believing himself right, would have vindicated what he believed to be the right, though he saw that defeat was inevitable, as the honorable Senator, although he might get the worst in a public struggle, if he thought himself insulted might still go into the conflict.
Mr. SAULSBURY. Allow me to put a question to the Senator.
Mr. SAULSBURY. The Senator refers to the Bible. I did not. I ask him what these words in the Bible, “navubad naubadam, ” mean.
Mr. STEWART. That is rather a settler. [Laughten] I do not believe the Senator knows much more about that than I do, but if he does, I should like him to translate it, and' then I may give him the meaning of it. The Senator says he did not appeal to the Bible. I thought he said that it was the teaching of that good Book that there was a difference in man. Why, sir, that is the same good Book to which every king and every despot has appealed. That, however is not the interpretation that Chris tian nations are now putting upon it. It is not in accordance with the spirit of the age, not in accordance with justice or humanity. The simple question before the Senate is, whether the colored men who emigrate to the Territories shall have the right to exercise the elective franchise for their own protection 'I I have resided in Territories and in new countries, and I know that the poor and the weak there can be better protected if they have a vote. It will be for their advantage; it will be much more secure. To give them a vote will do nobody any harm, but will do good to themselves. Others will treat them more respectfully and more kindly. That has been the result in all cases with the weak. I can point out other classes besides the negro who would have a very difficult time to live in the Territories, or live anywhere in new communities, if you took the ballot from them other classes that are courted and favored now, that none will speak ill of, because they have votes. On account of race or religion or for other reasons, there are prejudices against some which can only be wiped away by the power of the ballot. If the Senfrom Delaware is not too solicitous for the success of the Union party, I hope he will let us try this experiment, as we tried the experiment of emancipation, and I do not believe when it is over we shall be any more sorry for it than he.
Mr. STEWART. As the Senfrom Dela ware has been kind enough to pay a little attention to me, I simply rise to say to that Seflntor that I had patriotism enough when the democratic party attempted to destroy the Government to repudiate it. There was then a'great revival in the country. There were a great many convinced of the fact that Buchanan & Co. were surrendering to the enemy; that Jeff. Davis 6: Co. were attempting to destroy this Government; and there was a revival of patriotism throu heat the country. It was only those who loves treason more than liberty, sla very more than freedom, that failed to feel any of that ins iration of truth and justice and love of union that brought forth this great Union party, that inspired it from ocean to ocean, that spoke into existence the loyal hdsts of the country that sustained the flag. Of course I felt more indignant, and I had a right to feel more indignant, than an old Whig, because the party to which I belonged, and which I trusted, and which I thought was really Democratic. through its leaders attempted to strike down this government. Democrats, of course, have a double reason to complain ofit. Our leaders notonly betrayed the country, but betrayed us. Those who did not get political religion then, so as to be opposed to Jeff. Davis & Co., are past redemtion. I fear they have committed the unpar enable sin. They are sunk so low that the political hand of resurrection will never reinstate “the glorious Democratic party” of which the Senator talks. It must go down among the things that were, as a monument of the sins of a conspiracy to destro this government. The Democratic party islinked with treason and with corruption, and it must go down. The man who still glories in it and its leaders, who still extols slavery, who still feels happy over those thin s, Isay never can be converted. He is joinc to his idols. Let him remain.
Mr. SAULSBURY. One word in reply to the honorable Senator. When does the honorable Senator say that this great revival took place? He said it was when the Democratic osts
Mr. STEWART. When treason struck at the flag of the country the Union party was formed, and that Union party will Ifast until that treason is blotted out, until traitors are odious, and until every man in this broad land, black or white, is allowed to enjoy the privileges of a free man. That is the mission of the party, which we are going to carry out, and which false Democracy can never overthrow.
Mr. SAULSBURY. The young convert will get ha py after awhile in class meeting. [Laughter. Now, Mr. President, when did the honorable Senator say, in the remarks he made when he was up before, that this great revival took place? He said that 100s of 1,000s o patriotic men throughout the country believed that Buchanan & Co. were leagued with Jeff. Davis for the destruction of the country; and yet, sir, notwithstanding that, the honorable gentleman, with all his patriotism, did not rush with his patriotic hosts to the rescue, against the combined forces of Buchanan and Davis, but cast his vote for John C. Breckinridge for 'POTUS at a subsequent period to that, although he was VEEP on the same ticket with Mr. Buchanan, and although I presume the honorable Senator supposed their views were identical! [Laughter.]
Mr. STEWART. I will state the fact with regard to that. The fact is this: I was then in the Territory of Nevada. There were 2 parties formed. I declined to join either the Republican or the Douglas party. The Don his was not the regular organization. decpianretyd to take any part in the canvass.
Mr. STEWART. I did vote for Breckin ridge, and he was not the 1st traitor who‘en 'oyed the confidence of honest. men before his all. Arnold was once a brave soldier. I did not know he was about to betray his country, but I told my friends that I believed the Dem ocratic party was gone, was ruined, but I did not suppose it won d commit treason. I was living then in a remote Territory and I did not know that they had as yet betrayed the country. I stated to my friends that I was notgoing to change until an organization was formed that was for the country. Like other Union Democrats, I stayed with the party until it was betrayed. That was in 1860; I took no part in the canvass. During the fall of that year secession commenced, and I believe I was among the 1st to declare in favor of the Union and in favor of the war, even before those who had been republicans and Douglas men, and long before the firing on Fort Sumter. I tell the Senator that the Republican Union party was born when every man was convinced that the country was in peril, when the proof was positive that Buchanan had betrayed the country. It was born in the winter of 18450 61 when Mr. Buchanan declared here that he had no power to sustain' this Government; that there was no power to coerce a State. The Democratic party did not, until after the election of Presrdent Lincoln, disclose that their intention was to destroy this Government. When that became certain, then, sir, there was a revival throughout the land, and those who loved their country, those who had a spark of patriotism in them, left the fortunes ofJeff. Davis and Company and stood by the Union. Did the Senfrom Delaware do that?
Mr. SAULSBURY. My record will speak for itself.
Mr. STEWART. Yes, sir, his record will speak for itself. Did he vote supplies for our armies? Did he vote for sustaining the flag of his country? I think his record does speak for itself, and it tells us in language not to be misunderstood that he was givin that negative aid to the enemy which dec ines to feed the Union soldiers by voting supplies to our armies. I think his record speaks in that language; and the man whose record speaks in that language may well talk of converts, for he never can be converted. A man who loves the record of the Democratic party, who loves the record of the party that betrayed every lover of his country may well speak of converts, because his case is hopeless. He may well boast of his consistency in evil and the Democrat who honestly loved his country need not blush for that inconsistency that made him repudiate traitors and stand by the Union. But let him blush who, when betrayed by trai tors, would become a traitor for consistency.
Mr. CONNESS. It is evident that no conclusion can be arrived at today on the pending bill. I will therefore ask the chairman of the ComTerritor to allow it to be post poned for the present.
Mr. WADE. Has the Senator a measure that has already passed the House which he desires to take up?
Mr. CONNESS. I have not. call up a Senate resolution.
Mr. CONNESS. It is a resolution relating to the China mail line, upon which I desire to have the action of the Senate.
Mr. WADE. It seems to me we are about ready to take a vote on this subject.
Mr. CONNESS. If the Senate are ready to “O consistency, thou art a jewel!” I desire to vote upon it, of course I shall not ask for its postponement, but if we are to continue to discuss iIt should like very much to get the action of the Senate upon the matter to which I have referred.
Mr. WADE. This measure has passed the HoRep and been debated here nearly as much as it will be debated and therefore I am not so pertiuacious about pressing it now, because there will be ample time to pass it. t
Mr. CONNESS. Then, with the Senator’s permission, I move that the present and all prior orders be postponed, and that the Senate proceed to the constderation of the Jtreso “ution (S.R.No. 98) to amend an act entitled An act to authorize the establishment of ocean mail steamship service between the U.S and China, ” approved February 17, 1865.
Mr. CHANDLER. I ask the indulgence of the Senfrom California, before taking it his resolution, to allow me to pass a little bilxl) which I called up this morning and which will not take a moment. I now have the papers in the case before me, and they can be read, if it is desired by any Senator.
Mr. coNsnss. It" the Senator's bill will take no time, I am willing that my resolution be laid aside informally.
Mr. CHANDLER. I move, then, to take up House bill No. 565. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the'bill (H.R.No. 655) for the relief of Charles Brewer dz Company.
Mr. CHANDLER. I ask the Secretary to read the communication from the Dept of State which I send to the desk.
The Secretary read as follows: WASDHEIPNAGRTTOMNE, NTor SrA rn. March 14, 1866, Sm: I have the honor to transmit herewith a copy of a.letter from Messrs. Churlcs Brewer dz CO., of Boston, inclosing to this Dept an accountof the Hawaiian bark KamehamehaV, for the passage of destitute American seamen from the Ascension islands to Honolulu. These seamen, numberin 6cight, belonging to American vessels which wereburnedby the pirate Shenandoah.werelanded in the Ascension islands without any provision being madefor their support. They were found in a des titute condition by the master of the bark Kamcha mcha V and taken to Honolulu. It seemsbut just aenvedrp, proper that this claim should be paid. As. how there is no fund at the disposalof this Dept with which to meet it the claim is respectfully referred to Congress.with the recommendation that an appropriation be made sutficient to cover it. 1 am, sir, your obedientservant. WILLIAM H. SEWARD. liomn.erZc.eC, nsvsnucn.Chairmandike CommitteoenCom U.S. Senate.
Mr. CHANDLER. I have here also the consular certificate indorsing this, and like wise the appointment of Charles Brewer & Co. for the collection of this claim.
Mr. CLARK. The communication from the Dept of State refers to a letter from Brewer & Co., which I desire to have read.
The Secretary read the consufs certificate and all the papers.
The PRESIDNG OFFICER. The pending question is on the amendment reported by the Comommerce to insert after the word “Boston” the words “in coin.”
Mr. CLARK. I move to strike out the names of the parties, “ Messrs. Charles Brewer Co., of‘ Boston, ” and to insert “the owners of the Hawaiian bark Kamakamalia V;” so that it shall appear that this money is paid to foreigners.
Mr. CHANDLER. Then you would simply have to send it to Honolulu to get an indorsement instead of sending it to Boston.
Mr. CLARK. There will be no necessity of sendin it away. I wish it to be stated in the bill that this payment in coin is to foreigners.
Mr. CHANDLER. This claim has been pending for more than a year, and I want to have it paid at once. It IS a disgrace to the Government that it should be so long delayed.
Mr. CLARK. There ought to be some recognition in the bill of this cfaiin. It does not appear in the bill for what the mono is paid, and it should be amended so as to show that.
Mr. CHANDLER. I simply ask to have s vote on the bill. Ihope it wilFnot be amended.
Mr. CONNESS. I suggest that this language be used, “the owners of the Hawaiian bark Kamakamaha V or their agents.”
Mr. CLARK. That is the amendment I desire to have made.
Mr. HOWE. Would it not meet the idea of the Senfrom NewHampshire better to say. “pay Charles Brewer & 0., of Boston, for the use of the owners, ” &c.’l
Mr. CLARK. I do not care how it is done. That would be the same thing.
Mr. CHANDLER. Put it in that shape. That will do.
Mr. CHANDLER. Yes, sir; they are the agents for the authorities there.
Mr. JOHNson. You had better say that it be paid to them as the agents for the bark.
Mr. CHANDLER. I have no objection to t at.
Mr. CLARK. I will a ree to anything that will show what. it is paid or.
Mr. HOWE. I think the best form in which we can get it is to say, “ Charles Brewerd'. Co., of Boston. for the use of the owners of the Hawaiian bark Kamakamaha V.”
Mr. JOHNson. To be paid them “ as the agents.” That will answer the purpose.
Mr. CLARK. I modify my amendment in accordance with those su gestions. llMr. CHANDLER. I have no objection to t at.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendments were concurred in and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed. On motion. of h Mr. CHANDLER, the title of the bill was amended so as to read: A bill for the relief of the owners of the Hawaiian bark Kamakainaha V.
Mr. CONNESS. I now call u the JtResolution which was laid aside in ormally to gnlelible the Senfrom Michigan to pass his 1. The Senate, as in ComWhole, rocceded to consider the JtResolution (S. t. No. 98) to amend an act entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, ” approved, February 17. 1865. It proposes to repeal so much of the 1st section of an not entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, " approved February 17. 1865, as requires that the steamships engagedin carrying the mails between the U.S and China shall touch. at Honolulu, in the SandwichIslands; but this is not to be construed to alter the amount fixed by that act, or the contract made by the PostMGenl in pursuance thereof, as a complensation for carrying the mails between the U.S and China.
Mr. CONNESS. Will the Senator state the depth?.
Mr. GRIMES. I do not remember the pre cise deth. Will the Senator state it?
Mr. GRIMES. 15 feet is not a very great depth of water. We regard 23 feet as an ordinary depth of water for a large vessel to come in. 15 feet is a little less than the depth of water across the bar at Charleston, SCarolina, where we had a great deal of difficulty in getting large vessels across. We can enrr in 17 feet, as the Senfrom NewHampshire [Mr. CLARK] reminds me, at Charleston; and that we consider a very shallow harbor. Is it possible that the men who control the Pacific Mail Steamship Company did not know what was the depth of water across the bar at Honolulu when they undertook to make this contract? Why, sir, as I said before, 1/2 of all the Whalers from Massachusetts and Connecticut that frequent the northern Pacific ocean are in the habit of lying outside the bar and having the whalebone and oil that have been accumu lated in Honolulu transferred to them by light ers; and it can well be done there, for the climate is so mild and the sea is so exceedingly pacific, that it is not once in 2 or 3 years, Iam told by naval officers, that there is a very heavy storm there. The other reason assigned for the passage of this resolution is, that a great saving of time will be made if they are allowed to go to and from the China seas without touching at Honolulu. I do not get my information from any agent of the Pacific Mail Steamship Company but I am told by the naval officers who have been stationed there, and among them is Captain Reynolds, of the Lackawanna, from whom I have a letter today, that in the passage from SanFrancisco to Japan and China, no vessel ever oes without passing in sight of the harbor of Ionolulu. The Senfrom California shakes his head. Isu ose he does not doubt but what I am so toiil) by Captain Reynolds.
Mr. C NNESS. We will be able to make it without that.
Mr. GRIMES. Let us see what the PostMGen says: the question when the company's steamers shall be relieved if at all, from calling at the SandwichIslands on their v n es in either direction. it should be borne in | n that, until the completion of the Pacific railroad. the general interests of commerce will not be materially advanced by permitting the steamers to take the d1rcctroute either wn. as.prior to that time. the llne between China on Europe. we SanFrancisco and NewYork,0l.ll.lOnin point of expodition, with the existing mes between Europe and China via Suez." Now, what becomes of all that branch of the argument? The PostMGenl tells us that until the Ppeific railroad is completed the interests of commerce are not going to be materially advanced or affected in any way by releasing the Pacific Mail Steamship company from their obligation to touch at Honolulu, either one way or the other.
Mr. CONNESS. Will the Senator permit me to say a word right there?
Mr. CONNESS. The PostMGenl, on the point the Senator is now making, is considering the nestion of whether the short est voynge could be made now from HongKong by this line to London or by the Isth mus of Suez, not whether the shortest passage could be made from HongKong to NewYork. If we release this line from the consumption and waste of 8 or 10 days of time, we shall at once, by the line from SanFrancisco, beat the London time a great many days, and we" shall by that means get the tens that we now receive from London by our own line, and in a shorter time.
Mr. GRlMES. In the custody of Great Brit ain, traveling in Europe. Now, the question is whether or not, just at this particular junc ture, we ought to relax any of our efforts to keep up a close and immediate communication between this continent and the SandwichIslands. I say there are political interests of the highest consideration that should restrain us at all hazards, no matter what it may cost, from allowing a single tie to be severed that can possibly bind us to the SandwichIslands. As I said at the outset, about the only thing that was in connection with the whole bill when it passed originally, that gave me any sort of consideration for it, was the fact that these steamships would be compelled to touch at Honolulu, and by bringing us in immediate contact and connection with our friends there, it would serve to maintain them in their position, and in some: manner overthrow the rit ish interest that is so much antagonized to us. As I said, I have spoken in this matter more at the instance of persons whose employment requires them to e in the Pacific ocean, and s oken in a sort of2nd hand way, so tar as the facts that I have been able to state are con; cerned, because I know nothing of the country myself. I have never been in the Pacific; but Iknow that with one universal accord the whole naval profession is in favor of keeping nip the closest ssible connection with the Sanwioh Islands, ad that every one of them with whom I have spoken has urged me to prevent, if possible, the passage of this bill.
Mr. GRIMES. What is the Senator reading, from?Mr. CONNESS. I am reading from the letter of the PostMGenl acconi saying the report by the committee to this body.
Mr. CONNESS. Page 5: “‘It appears. however. from the very careful in vestigation of all the factsthat enter into the question. that it is not desirablethatthe company’sships should touch at the SandwichIslands, oven on the westernvoyage!" “On the voyage out. Why? The return on the great circleroute is obviously out of the question. It is necessary.therefore. to pursue what marinerscall the "rhumb line, " which is the comes by compasstaken from day to day as oftenas the ship's position is determined.whether ukonomically or by computation. “‘iow. it is apparenton looking on the chart that avessel bound to Yeddo or Shun liiii deviates 16 and a hulfdegrccs from ther umbline by going Honolulu!" Here is a very wide divergence between the say so of a naval officer who has had little experience in the Pacific ocean Mr. GRIMES. The naval officer whose name Igave to the Senator was Captain Rey nolds, in command now of the I.ackawauna, who was stationed. I think, either 5 or 6 ears at the town of Honolulu in the Sandwich slands. It was his statement that a vessel going from SanFrancisco to Japan always or almost inva iably went within sight of the harbor of Hono u a
Mr. CONNESS. If the Senator will look at this map, I think he will conclude that there is some mistake about this matter.
Mr. GltIMES. Iknow a great deal about how maps are made and I know a great deal of how letters are obtained where there is a cat interest like that of the Pacific Railroad oin pany.
Mr. CONNESS. I hope the Senator will cast no aspersions upon either Admiral Davis or upon my humble self in my advocacy of this measure.
Mr. GRIMES. Was this letter of Admiral Davis to the Senator?
Mr. CONNESS. His letter was addressed 1to the PostMGenl. The Senator said when he was up before that he knew facts were easily obtained for companies orsomething of that thing. I think it is as well to pass that mode of discussion by. Now, Mr. President, I proceed: " The physicalgeographyof this part of the ocean oughtto presentsoniocouuter udvnntagestobalance this manifestdisadvantage and to a certain extent it docs. After pnssing the pnrullol ofthirly degrees, the shipenters into the region of the northeast trade winds and derives the some benefit from them in gine ginwgetsotethrleywestwardas she docsfrom the prevail wmds on her custern voyage. d if shewill descendsomesix degreesfurther in la tude that is. in all 22 and a half degrees or 1350 miles below tholine of her dircct course shewil fall into the northern branch of thelgroat. eu atocruinrrlent of the Pacific ocean and prot byits aid.’ ” That is, if she goes still further south. I am quite aware and willing to concede that the honorable Senator has stated according to his information, but he will remember that Co.tain Reynolds in sailing his ship sails it by the charts that go out from the office of Admiral Davis, from the data furnished from that ofice, and the charts furnished by him; and therefore I take it that this must be considered as the great source of authority. Mr. President, I am as much the friend of the maintenance of American interests in the SandwichIslands as the Senator can be. He will, perhaps, concede that without question the poople I represent here are direct y interested. They have spoken with a unanimous voice for this release; and yet they are connected directly with trade, day by day, via the Sandwich lslands.
Mr. GRIMES. If they spoke with a unan imous voice in favor of this release, 1 ask if they did not conle with it a condition that Congress should out a subsidy to another line between SanFrancisco and Honolulu, and if that was not the purport of the etition of the Chamber of Commerce of SanFrancisco.
Mr. CQNNESS. The Senator will do me the credit to concede that I stated thatin my open in remarkS.R.GRIMES. I did not hear it.
Mr. GRIMES. I inquire how they are going to load at the other end. They must go to HongKong.
Mr. CONNESS. There is no question about the depth of water there.
Mr. GRIMES. Can they load there without the aid oflighters?
Mr. CUNNESS. The Senator smiles. This company have latterly sent an agent to HongKong to arrange their entire business there, with authority to make expenditures, to construct wharves, and to do anything that may be necessary to facilitate this line. But they have another plan and project that ought to be interesting to the Senator to know, and I will state what it is. It is well that it should be known. HongKong and the city of Shang hai, in China, are 800 miles apart. Shanghai, as will be seen by the map before me, is 800 miles nearer, giving us that advantage if we are able to make our commercial connection with that city, lIong Kong being 800 miles further off and consequently nearer to Europe. The intention of this company is to fix their headquarters at Shanghai, which has already become an Amer ican city, I may say, to some extent, and to bring the trade of China to their great ships there, and thus gain 800 miles at one leap in this great race. I am very happy to be able to say that everything that could possibly he wished for by the American commercial mind is contemplated and intended to be carried forth by this company; and to require them to continue here for fear we should be called upon, as suggested by the SanFran cisco Chamber of Commerce, for 50 or 60,000 dollars annually hereafter to maintain a direct communication with the SandwichIslands, appears to me to be the shallowest and narrowest policy imaginable. I hope that the Senate of the U.S. will not adopt that line of policy.
Mr. FESSENDEN. I do not rise to enter into this debate, but to state my recollection on this matter so as to see whether I am right. I think the proposition to subsidize a line of steamships between SanFrancisco and HongKong was originally brought forward by a late Senfrom California, Mr. Latham. I do not remember whether I was in favor of it or not, but I recollect the debate upon that measure and the circumstances connected with it. I was not aware of the bill that was passed last winter, which was somewhat a modilication of the original proposition to which I have alluded, principally with reference to the size of the vessels, believe, until this debate sprang u today. I remember that in the debate to which I have referred the effecting of a rapid communication with the SandwichIslands was dwelt upon as a great part of the plan, as im' portant to this country, as important to our citizens there and to our country generally, and especially to the Pacific coast. "as it not so?
Mr. CONNESS. It has always been taken into the account.
Mr. FESSENDEN. Always, largely, as a matter of very great conkquencc.
Mr. CONNESS. We are very much interested in it.
Mr. FESSENDEN. That was one of the arguments urged, and urged strongly, wh we should subsidize this line. It was not only to secure to as communication with China, but constant and speedy communication with the SandwichIslands. Now, it seems that the contract having been made with this company, and they having undertaken for the whole amount of this subsidy, half a million a year, to do these 2 things for the benefit of the country, to wit, communicate regularly with the SandwichIslands and also with China, a proposition is made to release them entirely from one important part of the contract, and at the same time pay them the whole amount of the subsidy. hat I understand to be the object of this JtResolution. Now, sir, if these gentlemen went to work in relation to this matter as business men ordinarily do, they calculated these 2 elements: one was what would be the cost of direct communication with China, and the other what would be the additional cost of that communication touching at the SandwichIslands on the way.
Mr. CONNESS. I wish to say to the Senfrom Maine that so far from it being a gain to the company to be released from stopping at the SandwichIslands, the contrary will be the effect. It will be simply a gain in the great enterprise, and not of money to them.
Mr. FESSENDEN. That is the opinion of the honorable Senator. If this is not to be a ain to them, I ask what their objection is to going the 2 things, both of which are of importance to this country. to be released from one?
Mr. CONNESS. I have answered, because the trip will be so extended as to defeat the great enterprise according to the scale they have measured that they think it can only he made a success‘upon.
Mr. FESSENDEN. I do not exactly understand that. These parties have made a contract; they are not the only persons to judge of the commercial interests of the country; I suppose in reality this proposition came from this company, or those connected with it, in the 1st place. They held out this double inducement to the whole country, that we should be accomplishing these 2 great objects at one and the same time, bot I of very great consequence to the country. Now they come forward and say that they desire to make this change, and they urge this change on account of what they conceive to be the great commercial interests of the country and the honor of the country in making a quicker trip. I do not see how this is going to make the trip much shorter in point of time, as it is said that it will Why do they want do, without at the same time saving a considerable expense to the company.
Mr. CONNESS. I can answer the Senator. Released from this condition, speed becomes an object at once, and it will be necessary for them to maintain their steamers at. such a rate of speed as to secure that object, which increases in an immense proportion the cost of runnin'r steamships.
Mr. FESSENDEN. 1do not see how that has anything to do with it. What security have we that they will increase their rate of speed at such an additional cost? If they have got this much further distance to go, of course it is important to them to have an increase of speetPin order to accomplish the purpose, if they design to accomplish it in good faith. Then they mean to tell us, “Unless you will let us off from so much of the contract, and pay us the same price, we will not try to increase our rate vot speed in such a way as to accomplish the great object.” I do not like i that kind of argument.
Mr. FESSENDEN. Put into plain English, it seems to me that is the inference to be drawn. If they came forward and said to Congress, “On account of the commercial interests of the country, or on account of our desire to make a short trip, we propose to run an independent line to Honolulu; we can accomplish that object in that way; we will not disappoint the country in the 2 objects which we held out as important to be accomplished; we will accomplish both; but instead of obliging us to touch at the SandwichIslands we ask you to allow us to establish an independent line from California to the SandwichIslands, ” that would be another matter; or if they proposed that we should take from their'gross price the amount needed to pay for such an independent service Icould perceive some reason in it; but they propose that the Government shall surrender one of the great objects which were to be accomplished, and that at the some time they shall retain the full amount of money for which they stipulated to perform both services. Notwithstanding the energy with which my honorable friendfrom California has urged it, upon general principles it really strikes me that the prop position itself is a verystrange one; and I must require more of argument and illustration and more of facts before, having made a contract by which 2 things were to be accomplished for the benefit of the country, I agree to give up one of them and yet pay the same ricethat I originall contracted to pay for hot 1.
Mr. WILSON. I voted, President. most cheerfully for the establishment. of this line originally to accomplish the object set forth on the face of the proposition which was then presented to us. I‘hat object included the touching of these steamers at the SandwichIslands where in a special manner the people of my State are interested. It sometimes happens that 100sail of whaling vessels are at the SandwichIslands at the same time, and we are very much interested in having a communication with those islands. Now, I am willing to release these parties from the obligation of touching at the islands by making such a deduction from the sum agreed upon as shall be sufficient to put on a separate monthly line from SanFrancisco to the SandwichIslands, or to allow them to do it. For that purpose I move to amend the JtResolution by striking out all after the word “that, ” in the 3rd line, and inserting these words: The Pacific Steamship company is hereby authorized to establish a monthly steamship line between SanFrancisco and the SandwichIslands. insteadof at Honolulu as required bylaw with their rteamships carrying the mails between the U.S and China. This is a simple proposition, which authorizes the company to fulfill the contract already made, or to so c range it as to allow their steam ships to go directly to Asia, they puttin on a separate monthly line to the SandwichIslands, which will accomplish the same purpose as though the main hue stopped there. I think the sum given is large enough to accomplish both objects, and I believe it to be for the interests of the whole country that both should be accomplished. My amendment leaves it with the company either to touch at the islands or to put on a separate monthly line at their will.
Mr. NYE. I he e that this substitute will not be adopted. few years ago Congress gave quite a large subsidy to establish the Collins line of steamers between NewYork and Liverpool, a subsidy that was worthy of the body that granted it, and not more than worthy of the object intended to be accomplished. That lasted a few years. The struggle for trade between other countries and our own was great. Just at the time when the Collins line of steamers was eiting along upon a basis where it could‘ stan, the Government withdrew the subsidy, and the result is today, I believe, that our own mails are carried in British bottoms to England by the way of Liverpool. In the same way in nearly all our struggles for the mastery in commerce, we have been beaten in consequence of what I regard as ill timed penuriousness. If that subsidy had been continued a little while longer the result would have been that the Collins line, which was the best line of steamers this country ever had, would have been established upon a firm basis, and today we should have at least a fair share, if not the control, of the trade with Liverpool. The result of that ol icy is seen in the fact that we are now employing British ships to carry our mails to HEug an. I voted for this measure at the last session of Congress for the reason that I regarded it as one of the most important steps in anew effort to seize the commercial advantages that are presented by the trade of the great Pacific. Mr. FESSENDEN. Will.theSenator allow me to make an explanation here?
Mr. FESSENDEN. I find, on looking at the act passed last year, that the contract was very delinite. It was for a monthly line of steamships of a certain description. capable of making 12 round trips in a year. It was fora line from SanFrancisco to a port in China, “touching at Honolulu, in the SandwichIslands, and one or more ports in Japan, by means of 1st class American seavoing steamships, to be of not less than 3,000 tons burden each, and of sufficient number to perform 12 round trips perannum between said ports.” That was the contract which was made and now the contractors ask to be relieved from an important part of the contract. The time they were to occupy, what they were to do, what should be the description of vessels used, is all matter of contract.
Mr. FESSENDEN. I shall not attempt to follow or reply to my honorable friendfrom Nevada, [Mr. NHL] 1 cannot use the fine language that he does, and l have not the imagination that he has. It is, though of course superior in quality, of the same kind with very much that l have heard for a great while; in fact ever since I have been here. Whenever anything of this sort was proposed to be under taken, it was always said to be a matter of great enterprise and great sacrifice and great public spirit on the part of those that were subsidized. They never have their own interests view; they only seek to enlarge and increase the grandeur of the republicl That is the case here undoubtedly. but let us look a little to see whether they are not sharp bargainers like ourselves a little of the Xankee about them. Take this contract as it is in the law, and what is it? That they shall establish a monthly line and perform 12 round trips peryear in a certain direction and touching at certain ports. Now, the Senator says, rapidity is everything, and they want to be released from the contract to touch at Honolulu because they can go quicker; but where is the contract to have more than a monthly line and more than 12 round tflps a year? That is all conveniently left out, so that in fact when we pass this measure we have simply released them from their obligation to touch at Hono lulu, and they then stand upon their original contract for the 12 round trips and nothing more, and are not bound to go a particle faster or arrive any quicker or do anything more.
Mr. CONNESS. My friend will allow me to suggest that there was no contract requiring the Pacific Mail Steamship Company to carry the mails oftener than semi monthly between NewYork and Aspinwall, Panama and SanFrancisco, but the company put on an additional number of ships there without any requirement by contract to do so, and now carry illie mails trimonthly.
Mr. FESSENDEN. That is because it pays them to do so, and there are rival lines competing with them. Now this question is whether this trade will pay. We do not know. This proposition is simply that we shall surrender a art of the contract and get nothing in return. The Senators talk largely and liberally about what these contractors want to do. They say the company will increase their speed; that time is everything. But what is time to them in comparison with their own particular interests, unless there is the competition of some rival line, or something of that sort? Sir, it is nothing but the modest proposition that we shall give up a large and important part of our contract and not ask them in return to do anything more than they contracted to do before, so that if it is perfectly convenient and profit able for them to go quicker they will do so; n'ot otherwise.
Mr. STEWART. I do not wish to interrupt the Senator; but I desire to suggest that they have a stronger inducement than might be at 1st supposed to make the time. They have no trade now, and unless they make quicker time than the English and French they never will get any.
Mr. FESSENDEN. The English and French do not go from this side.
Mr. FESSENDEN. They do not go from this side and will not be likely to go by steam ship.
Mr. STEWART. Thatdoes notalter the case.
Mr. FESSENDEN. I am talking to sensible men as I trust and know. Gentlemen speak about “inducements.” The amount of it is you give up the money and give up the bargain and rely upon “inducemen ts. ” If they can do it and will do it, put it in the bond, and do not talk about inducements.
Mr. CONNESS. They have more than put it in the bond.
Mr. CONNESS. By building greater ships and more costly ones than were required.
Mr. GRIMES. I move that the Senate do now adjourn.
Mr. CONNESS. If the Senator must adj ourn the Senate, I hope there will be a short executive session; but I would very much prefer that the Senator should not take this course on this measure. but let us come to a vote.
Mr. HENDRICKS, and others. Finish this resolution.
Mr. GRIMES. I do not know what the Senfrom California alludes to by saying the Senator should take this course.” I do not want to avoid a vote on this bill, but it is now half past 4 o’clock, and it is the ordinary time for the Senate to adjourn past that time and I make the motion for that reason. I am ready to vote on the bill to night.
Mr. CONNESS. What I meant when I “ said take this course ” and “adjourn the senate, ” was to adjourn action on this measure. I presumed that was his object; but I shall not object so much to going into executive session as to adjourning.
Mr. GRIMES. I am willing. I move, then, that the Senate now proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Mason, July 2, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday was read and approved. ORDER OF BUSINESS.
The Speaker. The 1st businessin order is the call of States and Territories for bills and JtResolutions on leave for reference to appropriate committees. not to be brought back into the House by nionons to reconsider, beginning with the State of Maine. PUNISHMENT of BRIBERY AND CORRUPTION.
Mr. LYNCH introducedabill to protect the public credit and prevent bribery and corruption; which was read a 1st and 2nd time and referred to the Committee on the] udiciary. GUARDIAN SOCIETY, DISTRICT OI COLUMBIA.
Mr. RICE, of Maine, introduced a bill to amend an not entitled “ An act to incorporate the Guardian Society and provide for reformingjuvenile offendersin the DistCol;" also, an act entitled “An act granting certain privileges to the Guardian Society, DistCol;" which was read a 1st and 2nd time, referred to the ComPubBldg and Grounds, and ordered to be printed. CANAL IN CALIFORNIA.
Mr. BIDWELL introduced a bill to aid in the construction of a canal in the counties of Tchamo, Colusa. Yolu, and Solano, State of California; which was read a 1st and 2nd time and referred to the ComPubLands. LIEUTENANT HENRY C. PEARSON.
Mr. COFFROTH introduced a bill for the relief of Lieutenant Henry C. Pearson; which was read a 1st and 2nd time and referred to the ComMilAffrs. SAMUEL S. GREENE.
Mr. MILLER introduced a bill for the relief of Samuel S. Greene, late lieutenant of the 3rd Pennsylvania volunteer cavalr; which was read a 1st and 2nd time an referred to the ComMilAffrs. Onnrm or BUSINESS.
The Speaker. The call of States and Territories for bills and JtResolutions having been concluded, the next business in order during the morning hour is the call of States and Territories for resolutions. PROTECTION OF UNIONISTS SOUTH.
Mr. JOHNson. I rise to a question of order. My point of order is that the resolution relates to what is called in this House “reconstruction, ” and is intended to prevent a restoration of the Union, and that it should therefore go to the committee on that subject.
The Speaker. The rule in regard to the reference of paers to the ComReconstruction provides that' "All paperswhichmaybeofferedrelativetotherepresentation of the late socalled confederateStates of‘America oreither of themshall be referredto the JtComof 15 without debate." The Chair does not see that the resolution comes within the terms of this rule, and there fore overrules the point of order.
Mr. FINCK. I raise another point of order. I understand that this is a resolution calling for.executive information.
Mr. FINCK. ThenI object to its consideration, until it has lain over one day under the rule.
The Speaker. The resolution has lain over oiie week. The Chair overrules the point of order.
Mr. LeBlOND. When the resolution was presented last: Monday, the morning hour expired before it had even been read.
Mr. LeBlOND. And it passed over by reason of that fact.
Mr. LeBlOND. Then‘I think the point of my colleague [Mr. FINCK] is well taken. The SPEAK ‘R. The Chair will have the rule read, which will show that the decision of the Chair is correct.
The Clerk read as follows: “Such resolutionsas call for information from the President or headsof Depts are required by Rule 53to lie on the table one day."
The SPEAKER. This resolution has lain on the table one week.
Mr. ELDRIDGE. Was the resolution introduced?
The SPEAKER. The resolution was introduced. At the time the Gentfrom Maine rese and presented the resolution his right to offer it accrued.
Mr. ELDRIDGE. Was not the resolution offered subject to objection, and did not the morning hour expire before the resolution was actually received by the House?
The SPEAKER. The morningbourexpired before the reading of the resolution was concluded but it was entered in full upon the Jouru, it having been offered, although not fully read.
Mr. ELDRIDGE. But was not the right to object at that time reserved? Was the resolution, in fact, introduced?.
The Speaker. The right to object, when reserved, is reserved under ab: 53, which provides that unanimous consent shall be necessary for the consideration of a resolution calling for executive information on the day on 'whieh it is offered. The object of this rule is that such a resolution shal not he suddenly precipitated upon the House for action without an opportunity being allowed to consider the pronot; of making the call for information. week has'elapsed since this resolution was offered. [thus been printed in the “ Order of Business, " was entered on the Journal, and read as part of the Journal on last Tuesday, and was also printed in full in the Globe. Hence the object of the rule has been attained.
Mr. ELDRIDGE. I see tbutI do not make myself understood in the point which I desire to raise. It is this: that the resolution was offered to the House conditionally, not for the purpose of lying over under the rule, but for the purpose of being acted on at the time, subject to objection reserved. The morning hour having expired before the reading of the resolution was concluded, the resolution, as I hold, was not received.
The Speaker. The State of Maine having been regularly called for resolutions, the Gentfrom Maine [Mr. Prensa] had the right to offer a resolution. This resolution was offered by him; and while it was bein r read the morning hour expired. The resolution has lain over one week, while the rule only requires that it shall lie over one day. The object of the rule has been fully accomplished. The Chair rules, therefore, that the resolution cannot be required to lay over again.
Mr. FINC. I sug est to the Gentfrom Maine to make is resolution a little more extensive and include in it an inquiry whether a few days ago, in the State of NewYork, a brutal assault was not. made by a father a on his child, resulting in the death of the child).
Mr. PERHAM. I suppose the resolution might have been made more extensive. I hold in my band a statement of wrongs and out rages committed on Union men, which would make a man whose face was made of copper blush with shame.
The SPEAKER. It is; and the question will 1st be on the resolution. "
Skip Skip The House divided; and there were ayes 62, noes 20' no quorum voting. The SP AKElt, under the rule, ordered tellers; and appointed Mr. Fauna.“ and Mr. Etnninas. The House again divided; and the tellers reported ayes 70, noes not counted. So
Skip Skip The previous question was 2nded. The main question was ordered to be put. The preamble and resolution were then adopted.
Mr. PERHAM mtRtv the preamble and resolution were adopted; upon the table. agreed to. OFFICIAL STENOGRAPHER FOR COMMITTEE.
Mr. RICE, of Maine, submitted the following resolution, and demanded the previous question on its adoption: Resolved, That the Speaker be authorized to appoint, until otherwise ordered a competent storing rapher as asst official reporter to the committee of the House, who shall be paid out of the confund of the House. commencing 1stof May, 1866, the some compensationpaid to such official re porter. And who mayalso be assigned by tbe Speaker to report other proceedingsof the House.
Mr. HALE. Mr. Speaker, is not this resolution in clear violation of that clause of the Constitution which prohibits legislation impairing the validity of contracts '( There was a contract over which there was some talk early in the present session, and this resolution is in the very teeth of that contract.
The Speaker. QUESTIONS arising out of constitutional obligations must be decided by the House.
Mr. HALE. I hope the Gentfrom Maine will not press the demand for the pre‘ vious question.
Mr. RICE, of Maine. moment. There is no question about the jus tice of this resolution. obe surethis reporter was appointed at a salary of $3, 600 perInnum, but in consequence of the number of commit tees making investigations, requiring stenog raphers, he has already been compelled to cm loy and pay assts, doing work which, an or the old rates, would amount to more than $12,000. This reporter has been away at Mem phis with one of the committees of the House and has been comelled to appoint. several stenographers to to 0 minutes before the committees sittin in this city. This asst is needed, and I hope the Gentfrom NewYork will withdraw his opposition.
Mr. HALE. Send this to the Committee of Accounts and let them report on it, and I have no objection. I have a age of the Congressional Globe containing the discussion here in January last on this subject, showing that a formal contract was entered into.
Mr. RICE, of Maine. I send to the Clerk’s desk a statement which I ask to be read. “
The Clerk read as follows: Thereportingofcommittee proceeding shegsrown and is growing to lur o proportions. Thowork done this session bfithe o cial reporter and by assts employedby ID! would amount, at.tho usualrates, to about 12,000 dollars. During the time he was necessarily absentat Memphis.byorder of the House. the business of the committees was assigned to a gentlemanwho had to employ asmanyas 6 asstsat a time. This resolution goes back for 2 monthsin order to give compensationto one of those reportersfor that time. There have beenno less than 16 committeesrequiring the scrneps of the stenographerthis session. Soine of thom It“. take testimonyduring the recess.andseveralmonths will be occupied by the reporters in indexing and supervising tm publication of the immenseamount of testimony taken by committees this session."
Mr. WARD. What is the compensation this reporter now eta?
Mr. RICE, of It nine. 3,000 650 dollars perannum.
Mr. WARD. The question arose before the Committee ofAccounts whether they would recommend that this officc be abolished. That gentleman appeared before the committee and assured us there was necessity for such report ers, and agreed if we would allow him to continuc, and would not make such a recommendation as we proposed, he would do all the reporting for t it: committees and ask for no other pay or assistance.
Mr. ROLLINS. For how long a time is this asst authorized?
Mr. ROLLINS. It provides for an additional reporter for an indefinite length of time. Now, I desire to call the attention of the House to the fact that this reporter was paid from March 4, 1865, to the 1st Monday of the followin December at the rate of $3, 650 a year for which he did no labor; and so it will be from the 4th of next March till the meeting of the subsequent Congress. In voting upon this resolution, if the House decide to adopt it, I only desire that they shall take these facts into‘consideration and make such limitations open this resolution as they may deem proper. I think there has been is large amount of laborperformed, and I remember when this matter was up for consideration I assured the Gentfrom NewYork [Mr. HALE] that this would be the last’of the matter. I have been examining the amount of labor performed, and it is larger than I anticipated, and I am not quite certain but what some relief should be granted. I do not feel clear upon this subject. I have not sufficiently examined into the matter. If it isas the Gentfrom Maine [Mr. Rior represents, perhaps some additional reliefs on d be granted. Butl do think this subject should be thorough] inquired into before this resolution is passe
Mr. RICE, of Maine. I do not yield for a speech.
Mr. ROLLINS. this subject further. Let me explain for a The time is not lim I would like to ventilate
Mr. CONKLING. I would like to say a word.
Mr. CONKLING. I have been referred to by the Gentfrom NewHampshire, [Mr. Ror.r.i;s] and I would like to hear one word of testimony on this subject. When the resolution providing for a stenographer was proposed originally I doubted very seriously the propriety of passing it, and I suggested then the probability that the business of the reporter would far exceed the limits contemplated by the resolution, and that additional appropriations or additional provisions would lie necessary. Now, sir, that contingency has arisen sooner than I expected it would, and to an extent furgreatert an I supposed. It may be, as the Gentfrom NewHampshire suggests. that the resolution needs to be guarded somewhat as to time. If sodt can be modified. But I want to say. what I am enabled to say, as a matter of fact from the observation I have given to this subject. It has been my fortune, whether good or bad, to be compelled to be absent from the House for some weeks, much of the time attending the sessions of one of the committees, and the dilliciilty of providing a steuographer for that and for other committees which have been in session has led me to observe somewhat the condition of the business of reporting for the House, and I have no lies itation in saying that an amount of work has been required already of the official reporter exceeding altogether the amount of his pay, insomuch that nothing could be more inequitable than to require him to do the extraordinary amount of labor which he is compelled to do for the compensation provided in the original resolution. I have no doubt that treble, if not 4 times, the amount of labor contemplated by that resolution has already been thrown upon him, just as I supposed, only much soonert run I anticipated; and the time has come when, upon the principles of fair dealing, we ought either to release him from his contract or pass some such resolution as is now proposed. But if this is not guarded as to time let us guard it.
Mr. HALE. Mr. Speaker, it is impossible to hear. the noise is so great.
Mr. CONKLING. I am aware of that; I can hardly hear myself. I was about to'say that I am entirel clear that some revision by way of roliefoug it to be made, an my impression is that as we have already made this contract the easiest and most suitable way to correct the difficulty is to make some additional allowance, and if the resolution is amended so as to properly limit the time, Ifor one shall vote for it. As from the 1st I believed that some relief would be necessary, so now I am confirmed in that belief.
Mr. TROWBRIDGE. Mr. Speaker, is itin order to move to refer this resolution to the Committee of Accounts?
The SPEAKER. Not while the call for the previous question is pending.
Mr. TROWBRIDGE. Will it be in order to move to lay it on the table?.The SP 'AKER. It will.
Mr. RADFORD. I rise to a ointof order, that this question is not dehatab e.
The SPEAKER. No debate is in order except by unanimous consent.
Mr. TROWBRIDGE. I move to lay the resolution on the table.
Mr. WARD. On that I demand the yeas and nnys. The yeas and an s were ordered.
Mr. JOHNSON. I would inquire of the Gentfrom Maine EMr. R1031] if it is in tended to provide new or a stenographer for the vacation.
Mr. RICE, of Maine. I will say to the gentleman that there is no doubt that there will be several committees authorized to take testimony during the recess. Iwill state further, for the information of the Gentfrom Pennsylvania, [.Mr. JOHNSON] that the passage of this resolution for this additional compensation will, for the present session, save the government $6,000 yes, nearly twice $5,000 of the amount which would he required under the old system of contracts.
Mr. JOHNson. But the Gentfrom Maine [Mr. Rios] has not answered my question.
The SPEAKER. It is not, except by unan imous consent, pending the motion to lay on the table.
Skip Skip The question was taken; and it was decided in the negative yeas 58, nays 68, not voting 56; So the resolution was not laid on the table. The question recurred upon the demand for the previous question.
ME. ROLL NS. I ask the Gentfrom Maine [Mr. Rios] to yield to me to move an amendment.
Mr. RICE, of Maine. I cannot yield for any such purpose.
Mr. WARD. I desire to inquire of the Chair if the adoption of this resolution would not re instate that man as a reporter of the Globe.
The Speaker. that is in the nature of debate.
Mr. ANconA. If the Gentfrom Maine [Mr. Rios will modify teresolution so as to leave out telast clause I will not object to it so much. I
Mr. ROLLINS. I move to refer this resolution to the Committee of Accounts.
The Speaker. That motion is not in order pending the call for the previous question.
Skip Skip The question was taken upon seeonding the call for the previous question; and upon a division, there were ayes 42, noes 58. Before the result of the vote was announced,
Mr. RICE, of Maine, called for tellers. Tellers were ordered; and Mr. RICE, of Maine, and Mr. Ascosa, were up iointed. The House again divided; an the tellers reported ayes 42, noes 59. So
Mr. ANCONA. I move to amend the resolution b strikin out these words at the close: “and who may a so be assigned by the Speaker to 'report other proceedings of the House.” And upon that motion I call the previous question.,
Mr. WARD. Will the Gentfrom Pennsylvania [Mr. ANCONA withdraw the call for the revibus question for a moment?
Mr. ANCOiNA. I, will withdraw the call for a motion to refer the resolution to the Committee of Accounts.
Mr. WARD. Then I make that motion. I Then I object to ubba think all these subjects should be referred to that committee for investigation, in order that we may fully understand what we are called to vote upon.
Mr. ANCONA. I call the previous question on the motion to refer.
Skip Skip The previous question was 2nded and the main question or ered; and undertheo oration thereof the motion to refer was agree to. Mr. ANCONA mtRtv the resolution was referred to the Committee of Accounts; on the table. agreed to.
The Speaker announced as the next business in order the consideration of resolutions on which debate had arisen, and which had lain over under the rule. TRANSPORTATION FROM THE WEST. The 1st resolution was the following, offered on the 2d of April by Mr. Rumour): coRnecsuorlrvinegdb.)ythe HoRep (the Senate That a commission of 5 persons be appointed by the POTUS to considerand report to Congressat its next session upon the necessityof some more speedy, cheap and reliable meansof transportation between the western States and the atlantic sea board; and to submit some plan. whether by law or treaty. whereby the nnaeteieosnsaitlyGifoiytesmhamllcbnetefaonunadidtoine upstr:ovPirdoine gulefodr, Tshaaidt said commissioners shall receivenocomensationfor their services and no paymentof any ind excc t for such traveling expensesas they may actual y incur in dischargingthe duties imposedupon them by this resolution.
Mr. RAYMOND. If the House is ready to act upon this resolution at the present time, I have no objection to its being acted upon. But if it is to give rise to debate I prefer that it should lie over.
Mr. LeBlOND. I call for the you&nays on the adoptionof the resolution.
Mr. RAYMOI D. I will suggest to the Gentfrom Ohio [Mr. Li: Lorin] that if there is serious objection to the resolution I prefer that itshould lie over. I have no e cial interest in the matter. I supposed that the resolution would be adopted Without any objection.
Mr. LeBlOND. I prefer that the resolution should lie over.
The Speaker. If there be no objection the resolution will lie over informally. There was no objection. I
Mr. JOHNson. I would like to inquire who is expected to maintain and support the officers provided for in the resolution if they are to receive no compensation for their services. Are outsiders to support them, or are they to so ort themselves?
Mr. RAYMOND. I will suggest to the gentleman a fact of which, perha 5, he is not aware, that there are in the U.S. gentlemen who are willing to render public service and pay their own expenses.
Mr. JOHNson. such gentlemen, I suppose, as we often see aroun the lobbies here.
Mr. WILSON, of Iowa. I move that this resolution be referred to the ComClaims.
The Speaker. The resolution contemplates a reference to that committee. It provides that the committee be “instructe to inquire into the exedienc, " die.
Mr. WILSON, of own. desirethattheres olution shall be referred without instructions.
Mr. JOHNson. I desire to state to the House that the Legislature of Pennsylvania has already appropriated $500,000 for the relief of the people of the district referred to in the resolution.
Mr. WILSON, of Iowa. A reference of this resolution to the ComClaims, without its adoption by the House, will carry the whole subject before the committee. I do not wish to have the House committed to anything contained in the resolution by adopting it. [am willing that the subject shall go to the committee for investigation. I demands the previous question.
Mr. McKEE. I want to oppose the motion to refer to the ComClaims and to move thatit be laid upon the table. That committee has already had that subject under consideration, claims comin from. the 16th congressional district of I’cnnsylviiiiia, and we have voted uniformly against allowing claims gr‘owiii out of the ravages of war.
Mr. WILSON, of Iowa. I do not withdraw the demand for the previous question.
Mr. McKEE. I move that the resolution be laid upon the table. The motion was agreed to. SOLDIERS OF WAR of 1812.
The Speaker stated the next business was the followin preamble and resolution, submitted by Mr. i ILLER June 18: Whereas on the an of January lasta bill entitled “A bill to grant pensionsto soldiersof the war of 1812WithGreat Britain” wasreferredto the comInvalidPens.on which no report has et bpeecnisrimonasdoan;ly and whereasthe bill provides for givmg to thosewho are in indigent circumstances and as manyof these old soldiers are now in abject poverty and inasmuch as it is due to themasv well as to the creditof the country that speedyaction should be taken thereon: Therefore. Resolved.That the comInvalidPens be and archereby. requestedto report said bill with an afiirinative recommendationwith as little delay as possible. The subject having already been acted on the preamli: and resolution were laid upon the table. The mornin next proceededtions. hour expiring, the Speaker to call the States for resolu INCREASE OF SALARIES.
Mr. ROLLINS submitted the following res olution; which was read, considered, and agreed to: s 0 Resolved That all motionsand resolutions for the increaseof pay of officersand employeesof the House: be referred to the ComAccounts without e a FEMALE COLLEGES.
Mr. DEMING presented JtResolutions of the State of Connecticut, asking an appropriation of public lands for the establishment of female colleges in the several States; which were laid upon the table and ordered to be printed. CONSTITUTIONAL AMENDMENT.
Mr. LAWRENCE, of Ohio. Mr. Speaker, I rise to ask unanimous consent to record my 'ported back Senate bill No. 288, to reorganize liefo Ellen Sanderson, widow of Colonel John vote upon one of the important measures of the session. On the 13th day of June the JtResolution proposing an amendment to the constitution o the U.S. came back to the House with Senate amendments.
Skip Skip The question was taken and the House concurred in the Senate amendments. I desire to vote “ ay” on the question of concurring. There was no objection, and Mr. Lswsnxcs’s vote was recorded in the affirmative. Mr. JOHNson by unanimous consent, was allowed to record his vote in the ne tive, and Mr. BENJAMIN to record his vote in the affirmative on the same question. REOHGANIZATION OF INTERIOR DEPT.
Mr. KASSON, by unanimous consent, re the clerical force of the Dept of the Interior, and for other purposes, with a substitute; which was referred to the ComWhole on the state of the Union and ordered to be printed. 1ST BEGUM INT MICHIGAN CAVALBY.
Mr. UPSON submitted the followmg resolution; which was read, considered, and agreed to: Whereas it is representedin a recent communication from the Governor of the State of Michigan to the SecyWar. that the officersand enlisted men of the 1st regiment Michigan cavalry, lately musteredout of the U.S. service in Utah. werewrongfully held in servicefor over 6 months and in their payment on discharge only received commutationotmileageand subsistence.whichgave them eachonly about 115 dollars to bear their expensesfrom Utah to thei rhomes, while the necessaryexpensesof eachman Wereover 300 dollars; and that under all the circumstances attendingtheir said detentionin the servicc anddischargein Utah asaforesaid they have been subjectedto unreasonable hardship and pecuniary loss of over 200 dollars each. necessarily expended by them for transportation that should haRveesboelveendf, urnished by the Government: Therefore. That the ComMilAffrs be instructedto inquire into all the facts and circumstances rclating to the alleged detention in the service of the ellicersand enlistedmenof the said 1st regiment Michigan cavalry, and relating to their muster out and payment in Utah asaforesaid and to report what allowance.if any should be made.to be paid to said officersand men as commutation of transportation from Utah to Michigan as aforesaid or what compensationfurther should be allowed on paid them in any other manner. ELLEN SANDERSON.
Mr. ROUSSEAU. I ask the gentleman to yield to me.
Mr. MORRILL. I do yield on condition the gentleman’s proposition does not give rise to debate.
Mr. ROUSSEAU. Iask unanimous consent to report back House bill NO. 275, for the rep. Sanderson, the provost marshal general of Missouri.
Mr. ROUSSEAU moved to suspend the rules for the purpose indicated. The motion was agreed to. The bill was received and read. It authorizes the SecyTreasury to pay to Ellen Sanderson, widow of the late Colonel John P. Sanderson, late prevost marshal generalpf the dept of Missouri, $10,000 as compensation for special labor and services in detecting and exposing organized conspiracies " in the loyal States against the Government of the U.S.
Mr. ROUSSEAU demanded the previous question.
Mr. STEVENS asked that the report of the committee be read.
Mr. JOHNson. I ask the Gentfrom Kentucky to allow me 3 minutes on this question.
Mr. JOHNson. I desire to say that I knew John P. Sanderson for many years. When this proposition came before the House asking, as id, for an appropriation for his.wi, dow, I was not disposed to object. But since it has taken a course which is evidently for political and partisan purposes, I protest against the abuse of the courtesy of this side of the House that has been taken advan c of here in this debate, and I now say that which I would not otherwise have said since the death of Colonel Sanderson, but which I feel due to myself and to others to say, that whatever he may have done in Missouri, he was a man of bad character in Pennsylvania, and I‘linve no faith in the batch of statements made by him. The records at Harrisburg relative to the election of U.S. Senator in 1855, show that he was there as an outsider, a borer, and was corruptly employed by different parties for the same office, and robbed one man of $3,000. That was his character then, and when his statements are lagged in here after his death by his friends, apparently to accomplish a political purpose, a t iough I who knew him wefiwould be willing that his ashes should rest in peace, I will not allow such injustice as this to be perpetrated upon an organization throughout the country to which I belong. I want that, sir, to go upon the record.,
Mr. STEVENS. Will the Gentfrom Kentucky ield to me a moment?
Mr. STEVENS. I merely wish to say that I believe all that has been said by my colleague, and I would move to lay the bill on the table, but I do not wish to take advantage of the courtesy of the gentleman.
Mr. McKEE. I would like to inquire whether while Colonel Sanderson was provost marshal general of the State of Missouri he did not receive his regular pay as an officor of the Army, and whether his widow is not now allowed a pension by law.
Mr. ROUSSEAU. I suppose he received his pay. But I wish to say to my friendfrom Pennsylvania, [Mr. Jonnsonfl who says that this report is made for political purposes, that I wrote the report‘ myself, and Igot the data from the report of Colonel Sanderson in the case to which reference is made. But nothing was further from my mind than that this should have any political effect, and I do be e that no man on this side of the House Will claim any affinity with the infamous order referred to. 'I cannot see how it is possible that any gentleman on this or the other side should take exception to this reference. The report refers to the order of the Sons of Liberty, an infamous order that I believe no man on this floor ever thought of having any connection with. As to the question of my colleague, [Mu Melissa] I suppose Colonel Sanderson received his regular ay, but this is for extraordinary services, such as were never rendered in this country by any man before.
Mr. JOHNson. One single word. Iwant to say that I know nothing of the particular organization called the Gel on Cire e or the Sons of Liberty, but I know that the Democratic party, to which I belong, was charged, in a general way, with bein controlled by that organization; there ore, take it that this is a fling at that party, after the old style, gotten up an der pretense of appropriating a sum of money to a womannnd a widow.
Mr. ROUSSEAU. I sometimes vote with the Demeratic party, and I hope no man who has an sort of res set for that party will take any 0 case at aninglsaid in this report.
Mr. MORRILL. the Gentfrom Kentucky must be aware that I did not yield for debate/but only on the condition that the matter should ive rise to no debate. I therefore hope he will not ress the passage at this time.Mr. ROUSSE U. I demand the previous question.
Mr. STEVENS. Does not the widow get a pension?
Mr. ROUSSEAU. I think not; I am not certhin.
Skip Skip The previous question was 2nded and the main question ordered. Mr. BENJAMIN. I call for the yeas and an s. The eas&nays were ordered. Mr. STEVENS. I move to lay the bill on the table.
Mr. ROUSSEAU. I hope the gentleman will withdraw that motion.
Mr. HALE. On that motion I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the neative yeas 58, nays 72, not voting 62;. So the motion to lay on the table was not agreed to. The question recurred upon the passage of the bill on which the yeas&nays had been ordere.
Skip Skip The question was taken; and it was decided in the neative yeas 57, nnys 79, not voting 46; So the bill was rejected.
Mr. STEVENS mtRtv the bill was rejected; on the table. agreed to. SELECTJtCom ON RETRENCHMENT.
Mr. HALE. I ask unanimous consent to submit the following preamble and resolution for consideration at this time: Whereasthefinapizialcondition of the U.S. demands the exerciseof origid economyin all depts of the Governmentin ordertosustain the credit eoaf rthliees U.S. from d to relieve the people at thotion; and whereas there rtshorehausr donentoofbeexlieisvteintghtaatxian many deptsof the Government civil abuses have for along timeexistedand still exist.in the purpetuntion o fuselessofliccs and sinccnres.in extrav agant salariesand allowances and in other unnecessar and wasteful expenditures: 1 esolced by the HoRep (.heSenate concurring.) That a icint select committee be appointed.to consist of 2 mcmhersof the Senate and 3 membersof the House. to be styed the joint select comRetrenchment; that said committeebe instructedto inquireinto the expenditures in all the branches of the civil serviceof the U.S and proportwhetherany and whatolliccsought to be abolished. whether any and what salaries 0r allowances ought to be reduced and generally how and to what extent the expensesof the civil service of the country may and ought to be curtailed; that said committeebe authorized to sit during the recess of Congress‘to send for personsand papers, and to report y bill or otherwise: and that said committee may appoint a clerk for the term of 6 months and no more.
Mr. ANCON‘A objected, but subsequently withdrew his objection.
Mr. JOHNson renewed the objection, but subsequently withdrew it. The resolution was then agreed to. ASSESSING Pos'r OFFICE CLERKS.
Mr. KELLEY. I ask unanimous consent to submit the following resolution for consideration at this time: Resolved.Thn. the postMGenlberequested to inform the ouscby virtue of what order or pro vision oflnw the postmasterat Philadelphia hasas sessedupon eachof his employeesa tax equal to one and ½ %. on the annual salary of each of said employees and is proceeding to collect the same.
Mr. ROSS. I object, unless the resolution is referred to the comPostOffice. RAILROAD TO PORTLAND, OREGON.
Mr. McRUER, by unanimous consent, reported back from the ComPublicLands Senate bill No. 123, entitled “An act granting lands to aid in the construction of a railroad and tolegraph line from the Central Pacific railroad in alifornia to Portland, in Oregon, " with an amendment in the nature of a substitute, and moved that the bill and amendment be ordered to be printed and be recommitted to the committee. The motion was agreed to. CON'ri is'rsn ELECTION.
Mr. PAINE. I desire to give notice that tomorrow, after the morning hour. I will call up the report of the ComElections upon the contested election of Fuller vs. Dawson. UNION PACIFIC RAILROAD, EASTERN DIVISION.
Mr. WILSON. 'of Iowa. I ask unanimous consent to introduce a.bill explanatory of an act to amend an act entitled “1 n act to amend an act entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for posts, military, and other purposes, approved Julyrl, 1862, " approved July 2, 1864.
Mr. STEVENS. Does the Gentfrom Iowa propose to introduce this bill for action at the present time?
Mr. STEVENS. If the gentleman is willing to introduce the bill and allow it to lie over and be printed. so that we may offer any amendments which may be necessary and fix any day, I do not care how early, for its consideration, I shall not object; otherwise I must.
Mr. WILS N, of Iowa. I proposeto introduce abill whi h the Gentfrom Pennsyl vania [Mr. STEVENS] promised that he and his friends would support. I desire that the bill may be taken up now and acted on.
Mr. STEVE)., I do not know that this is such a bill as the gentleman states. I only want to have an opportunity to examine it and see what it is. I 0 not desire that a bill, the effect of which we do not know, shall be passed in this‘wa. "
Mr.WIHSON, ofIowa. The Gentfrom Pennsylvaniajwould not allow any time the other '"diIr for the examination of his bill.
Mr. STEVENS: Ifthe gentleman insists on the‘o'onsideration of the bill at this time, I object to itsintroductinn.
Mr. WILSON;.of Iowa. I move to suspend the rules to iillbw me to introduce the bil.
Mr. STEY‘ENS. On that motion I call for the yeas&nays. I again say that I have no objection to the introduction of' the bill if the gentleman will let it lie over for one day.
Mr. WILSON of Iowa. ‘If the bill be received, I am willing that it should go over till tomorrow, if we can have an agreement by which it shall be considered use special order.
The Speaker. If the bill be postponed until tp morrow immediately after the reading of the Journal, it will take precedence of the special Order for tomorrow.
The Speaker. If there be no objection, the bill will be introduced, ordered to be printed, and postponed until tomorrow immediately after the reading of the Journal. There was no objection.
Mr. MORRILL. I move that the rules be saspended, und that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chain) and resumed the consideration of the special order, bein the bill H.R.No. 718) to provide increase reVenue from imports, and or other purposes. The ending question was upon the motion of Mr. cams n, of Connecticut, to strike out on page 24, in line 225, the words “on copper ore, 15%. advalorcm, " on which
The CHAIRMAN. Debate is exhausted on' the amendment.
Mr. HUBBARD. of Connecticut. I with draw mv amendment.
Mr. MORRILL. Mr. Chairman, I trust when the subject of coal comes up here my friendfrom Maryland [Mr. PHELPS] will reproduce his present argument upon raw material. The rate fixed in the bill on copper ore was fixed with considerable care upon information received by the ComWays&Means from all parties. It is true that there ought to be some duty fixed upon copper ore, or it might be liable to the same misfortune that would ha pen in the case of lead ore admitted without duty. If we should impose a high duty on lead and then let lead ore come in free, which does not shrink more than 25%. by smelting, our duty on lead would be entii cl nugatory. And now, if we placea duty of our or 5 cents upon copper and allow copper ore to comein free, of course copper will be brought in in the shape of ore, for a large amount of the cost of copper is in the labor expended in producing the ore. 15%., however, in my judgment, is all that should be put upon copper ore. I am not quite certain that it ought to be more than 12, but certainly 15% is enough. If the duty was raised to 6 cents a pound on copper, then it would be quite proper to raise the duty on copper ore to something like 20%.; but while it remains as we have it, 15% is just about an equal rate. I hope, therefore, thatthe amendments will not prevail on either sid'e, whether to increase or diminish the rate proposed in the bill. Now, I think all sides have been heard on this question, and Imove that the coinmittee rise for the purpose of closing debate on the subject of copper. Several MEMBERS. Oh, no, we will take the vote nowl
Mr. MORRILL. If it is understood that the vote will be taken now I withdraw my motion.
Mr. MORBILL. Imove that the coininit I tee rise for the purpose of terminating debate upon this section. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELD reported that the ComWhole on the state of the Union had, according to order, had under consideration bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon.
Mr. MORRILL. I move thatwhen the House resumes the consideration of the special order, the tariff bill, all debate on the pending section shall be terminated in 5 minutes. The motion was agreed to. TARIFF Bulk AGAIN.
Mr. MORRILL. I move. that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreedto. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide‘ increased revenue from imports, and for other purposes, the pending question being upon Mr. J. L. I‘uonas’s amendment.
Mr. MORRILL. There is no doubt but what the copper interest of this country is languishing for the want of labor at such prices as will enable the miners to conduct their business without loss; but I believe that when this bill shall have passed, those who are engaged in using foreign copper ore will be as well off as they have been heretofore. For it will be noticed by the committee that we have increased the rate on copperingots, igs, and bars 2 and a half cents perpound, so that the rate, if this bill passes, will be, on copper 5 cents perpound, and on copper ore the rate is raised'from 5 to 15%. ad calorcm. It will not alter the relative position very much, and I hope therefore that no change in the bill will be allowed.
Mr. HIGBY. I have understood from the Gentfrom Maryland last on the floor, flir. J. L. Tnosusd that those whom he represeats are ready, on a question of tariff, to sustain Massachusetts and Pennsylvania, one manufacturing cloths and the other iron. I be e the gentleman will bear in mind that while Pennsylvania manufactures iron she uses the raw material produced in the State; that while Massachusetts and other NewEngland States manufacture cloth they manufacture it from wool raised in those States; and that there is ataritf on those various articles of raw may terial. I will say to gentlemen for I have heard no complaint that they cannot get enough of the native ore that my own State is large interested in this question of copper ore. I believe that the deegation from alifornia is steadily voting for a tariff; yet most of the manufactured articles that we use in that State come from the eastern States. We are ready to sustain the establishments of those States, because we think it for the interest of the country to do so. We shall ask in return that the Representatives of those States will aid as in procuring a suitable tariff upon the copper ore, in which we are largely interested. We guaranty that we can supply all those establishments with the raw material for their manufactures of copper. We desire that the raw material which we produce shall be protected just as the raw materials ofiron and wool are protected. The question being taken on the amendment of Mr. J. L. Tnomas, it was not agreed to, there being ayes 23, noes 67.
The Clerk read as follows: 'On copper in pigs.ingots or bars. tire cents perpound: on copper sheathing for vessels, and yellow metalsheathing, 6 centsper pound: on old copper, 3 cents perpound; on so perin plates, pipes. rods and copper bottoms.an all other manufac 1I tures of copper or of whiehcopper shall be it corri ponept material of chief value. not otherwwoherein provided for. 40%. advalorem.
Mr. MOORHEAD. I am authorized by the ComWays&Means to offer the following amendment: after the word “plates, H in the paragraph just read, insert “sheets.”
Mr. MOORHEAD. I am also authorized b) the ComWays&Means to move to amend by inserting in the last line of the para graph just read, after the word “ 40, the word “5, ” so that the duty shall be 40 5%. advalorem.
Mr. ROGERS. I move to amend by inserting after the paragraph which has just been read the following: On copper and brass wire cloth of it texture finer than 36 wires to the running inch. 55%. ad oalorem
Mr. MORRILL. I believe that the Gentfrom NewJersey Mn ROGERS] is right for once. [Laughten] do not know butt at 50%. would be high enough. however, I raise no objection.
Mr. JOHNson. I would suggest an amendment, to add this proviso to the pending para graph: Provided, That copperheads shall be admittedfree of duty as heretofore. Lau hter.
Mr. AD 0RD. I move to amend the p“ending paragraph by strikin out the word 6, ” in line 200 an 28, and inserting in lieu thereof the words “ 3 and a half; ” so that the clause will read, “ on copper sheathing for vessels, and yellow metal sheathing, 3 and a half cents perpound.” My reason for offering this amendment is that, at the present time the tariff on this article of sheathing is so high that in most cases our large vessels built in this country go to Europe for the purpose of being coppered, savingthere by a very arge expense. This has been the case with the dut at 3 and a half cents. The ComWays&Means now ro pose to increase the duty to 6 cents. as sure members that if they adopt this reposition they will make a great mistake or vessels will still go to Europe and in increased number, for the purpose of being coppered.
Mr. MORRILL. As we have increased the duty on the raw material of copper to 5 cents perpound, it would be maniffzstl that copper sheathin should be a mitted at a lower rate. I hope, therefore, that the amendment will not prevail. The amendment was not agreed to.
Mr. DEMING. I ask the unanimous consent of the House to go back and make a correction in the amendment moved on Saturday by the Gentfrom Massachusetts, [Mr. Dawns?. There was no objection.
Mr. DEMING. move to strike out “draw ers” and insert “chest handles;” so that it will read, “on chest, drawer, till, cupboard, and wardrobe locks of every description, and on door and shutter bolts, and wrought iron chest handles, 12 cents perdozen, and, in addition thento, 45%. advalor em.”
The Clerk read as follows: On brassin pigs and bars. 30%. ad calo rem; on brass in plates. sheets, or wire, 30 ‘5%. ml calorern; on brass.old and only fit to e remanufactured, 15%. advalorem; on allmanufacturesor articlesof brass or of which brnss shall b on.component mitterialof chief value. not otherwise herein provided for. 40%. ad oalorem.
Mr. O’NEILL. Mr. Chairman, a few minutes before we adjourned, Saturday, I made a motion to amend in the 206th and 207th lines, but by some misa prehension or inadvcrtence it was supposed that I had made a motion to go back to these lines. I now ask to amend by striking out of these lines “ 50%.” and inserting “ 60%. at oalorem;" so as to improper, read, “on all harness and saddlery hardware, 60%. advalorem.” There was no objection.
Mr. O’NEILL. Mr. Chairman, this increase is asked for by most of the manufacturers of saddlcry hardware, who find it difficult, with the highdpremium on gold and the legitimately advance rate of wages, to compete with the foreign manufacturer. The ca ital invested amounts to many millions of ollars in the States of NewJersey, NewYork, and Connec ticut; and in the State of Pennsylvania it is also an important interest. The factories in many places are quiet, the operatives idle, and the c act of the present comparatively low rate of duty is very disastrous. I are informed that foreign goods of this kind are now sold at much less than those of American make, that on many articles of saddlery hardware the prices of the foreign are from 20 to 30%. less than the American. This should not be so, and we should seek to keep down the competition by which our home made goods are so much do ressed. An increase of 10%. over the amount recommended by the ComWays&Means is all that would be required to put the factories again at work and to keep employed 100s who are now waiting anxiously the action of Congress. I hope the chairman of the committee [Mr. Momma] will not oppose this amendment, but will agree with me that it should be adopted.
Mr. MORRILL. I am sorry to differ from my honorable friendfrom Philadelphia, but it is m belief that the increase recommended by the ComWays&Means is am is. Harness and saddlery hardware requires ess protection than almost any other article ofhard ware, for the reason that that made by the American manufacturers is most sought after and will be taken even when the foreign article is offered at a less rice. The quality of American goods is not onl) better but the style is far more beau tiful. Ta re the article of buckles. The American manufacturers have moreingenuity in their manufacture than the foreign manufacturers. The latter make one at a time while the Americans turn out a dozen at once.
The CHAIRMAN. Debate on the amendment is exhausted.
Mr. WILSON, of Iowa. I ask why it is that the manufacturers of saddles and harness use a greater proportion of American hardware than of fpreign hardware.
Mr. O’NEILL. With the consent of the committee I will answer the gentleman’s question. I would be glad to go into a full discussion of the matter, and am satisfied I could show the injustice of the present proceeding. Conceding all that the gentleman says, that the American manufacturers of harness and sad dlery use American hardware, I tell him that under the unjust policy pursued in this bill toward the manufacturers of that hardware the American manufacturers will be undersold in our own markets by the British article, and hereafter instead of American harness and sad dlery hardware being used in this country we will have that imported from foreign countries in favor of which the present duty undoubtedly discriminates.
The CHAIRMAN. Debate is not in order. The amendment was disagreed to.
The Clerk read as follows: On lead in pigs or bars. 3 centsper pound.
Mr. RICE, of Massachusetts. I move to, strike out “ 3 ” and insert “two.” From the information that I have, I am inclined to think that the duty proposed by the Commit ‘tee of Ways&Means is too high. The duty now is 2 cents perpound, and I doubt ver much whether the ComWays an Means have carried out their QWn intention in the provisions they have reported in relation to lead.
Mr. WILSON, of Iowa. I am somewhat surprised at the motion made by the Gentfrom Massachusetts, [Mia RICE.1 I have. i derstood the argument of those in favor of this bill to be that the higher the duty placed upon given article introduced into this country the cheaper will the article be furnished to the cOllSlllUOI'.
Mr. MOORHEAD. I would ask the gentleman where he at that idea.
Mr. WILSON, of Iowa. I obtained part of the idea from the Gentfrom Pennsyl vania, [Mr. MOORHEAD.]
Mr. MOORHEAD. I never advocated any such idea.
Mr. WILSON, of Iowa. I certainly under stood the gentleman the other day to say that certain articles that had had a high duty imposed upon them had decreased in price.
Mr. MOORHEAD. I demonstrated that while the duty on steel had been regularly advanced, steel manufactures were now furnished more cheaply to the consumer than for 20 years before.
Mr. WILSON, of Iowa. That is holding out the idea that the greater the duty the cheaper the article. Now, if the amendment of the Gentfrom Massachusetts [Mr. RICE] had been to increase the duty 1%., instead of decreasing it, I could have understood its appropriateness to the argument of the friends of this bill.
Mr. RICE, of Massachusetts. Will the gentleman yield to me for a moment?
Mr. RICE, of Massachusetts. I would say in reply to the Gentfrom IowaIMr. W11. sou] that I am certainly in favor of imposing so much duty as may be necessary to give fair protection to all our manufactures. But I am not in favor of imposing upon any article of raw material a duty so excessive as to be a great deal more than what is necessary for revenue and protection. I might reply to the Gentfrom Iowa [Mr. WiLson] by asking im whether he is prepared to put so large a duty upon the raw material as shall render necessary a corresponding duty on the manufactured article, in both cases being more than is necessary for revenue and protection, and therefore making the cost of temanufactured article greater to the consumer than is necessary.
Mr. WILSON, of Iowa. If it will have the result which has been presented to this House as the one necessarily following that action, I should be in favor of it. Here is my friendfrom Missouri, Mr. HOGAN] a member of the Committee of ays and Means, representing a district of that State where a great deal of load is produced. My colleague near me, [Mr. Ai.i.isos] from my own State, represents a district where a great deal of lead is produced. And so it is with the Gentfrom Wisconsin, [Mr. Cons] I suppose that as a matter of course they will be opposed to this amendment of the Gentfrom Massachusetts, [Mr. Rica, because they are in favor of furnishing lea to the people of this country at a cheaper rate than they now do; that is, they will oppose lessening the dut so as to cheapen the cost ofAhe manufactured:
Mr. MORRILL. I move that the committee rise for the purpose of closing debate.
Mr. HOGAN. I hope the not make that motion just yet.
Mr. MORRlLL. I will leave time enough for the Gentfrom Missouri [Mr. HOGAN] to be heard after we shall have gone into committee again. The motion that the committee rise was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFXELD re. porte that the ComWholeon the state of the Union had had under ceiisidera vtion the Union generally, and rticularly the special order, being bill of the ousa'No. 718 to provide increased revenue fromiulportsmnd for other purposes, and had come' to no resolution thereon. i ‘. ASSAULT ones A iiiuxneit.‘ 1
Mr. SPALDING. I rish.to.n privileged question. I am ipstructed by the select committee on the 'violation of the privileges of members of this House to submit a report. with accompanying resolutions which, together with the testimon taken by that committee, I move he laid on the ta'bfe and printed.
Mr. ANCONA. Iask that the resolutions accompanying the report he read.
Mr. WILSON qflowa. I rise to a question of order. gentlemaif will I wish to give notice, and H necessary to reserve the point now, that upon one of the resolutions accomanying this report I shall raise a point of order as to the jurisdiction of the committee;
Mr. THAYER. I make the point of order that that is not now a oiiit of order.
The Speaker. lie gentleman has the right to give notice of ii. peint of order which he proposes to raise when the subject shall be brought before the 1121150 fof' its action.
Mr. WENTWORT, Let the resolutions be read. The resolutions were read, as follows:. Resolved.That Him. LOVELL H. RousssAu. a representative from the State of Kentucky for 00!!!mitting an assault upon the person of lion. J. B. Grimm inn. a Representativefrom the State of Iowa, for words spoken in debatekhhs justly forfeited his privileges as a member of fliis house and is hereby exIfrenlloclde.fll, That the Q anal reflections made by Mr. (iklNNELL, n Repr sentative from the State of Iowa. in presenceof the House.upon the character ooffKMenr.luRcOkyL.'BSEAUa. lie resentutive from the State wereinviotion of the rules regulating dehntenntlthe rlvilogns ofrnclnihersfounded thercon, andmerit the isanproval ofi the house. lulclckmy, fvml thllLJj ages T. Pennibncker. of Iseu L. Ii. Crew, Sn' by. qfKentucky, and'John’S. Mc of Ohio, [fit their presenceand participation “ upon all but one resolution. in a premeditatedpersonalassaultbetweenHon.
Mr. Guissua. of Iowa, on accountof wordsspokenin debate. which the personsifnot the lives of membersot this House wereimperiled;were guilty of a violation ofils privileges; and they are herebyorderedto bebroughtto the bar 0ft his House to answer for their contempt of its priVileizes.
Mr. WILSON, of Iowa. I do not desire to delay the House at this time by having this question disposed of at this time. But in relation to the 2nd resolution, I suggest that under Rule 62 of this House, it is too late to raise the nestion there raised against my colleague, [din GRINNELL] I do not make the point now for the purpose of bringing up the nestion for discussion at the rescuttiaie; but do not wish to waive myri it to raise the goint when the neport shall come bewre the house for action.
The SPEAKER. Does the gentleman make the oint to be decided now by the Chair? Mir]: WILSON, of Iowa. No, sir. I only desire to have the point reserved, not to delay the House at the mesent time, but in order that I may not be precluded from making it at the proper time.
Mr. JLTHOMAS. I ask that the report be read., Mr. RAYMOND. I rise to present the report oflxhc minority of the committee. The committee, I may remark, were unanimous I The minority report prooses a substitute for the 1st resolution. of t ie majority.
The Speaker. The Clerk will read the substitute proposed by the minority of the committee for the 1st resolution.
The Clerk read as follows: Rtflfilofil, That Hon. Lovsu. ll. RousssAu hosum monedt'o the lmr of the Iloiise and bethere publicly reprimanded by the Speaker for a rights violation of the and privileges of the House.of which he was iiiltyintlw personul assault committedby him upon Hon. J. B. GRINNELL for wordsspokenin debate.
Mr. LeBlOND. I understand from the remarks of the Gentfrom Iowa that the question he reserves relates to the resolution censuring his colleague, [Mix GRINNELI.] and is in the nature of an objection to the jurisdiction of the committee. I would suggest to the gentleman that he should make his reservation arge enough to apply to the other gentlemen referred to in the resolutions; for it does seem to me that, if this committee have no jurisdiction in the case of his colleague, they have none in the case of the other gentlemen.
Mr. WILSON, of Iowa. With the permis aim:i of the House, I will ask that the rule be rea.
Mr. MORRILL.‘ I submit, Mr. Speaker, that this debate is not in order.
The Speaker. The Gentfrom Maryland [Mr. JLTHOMAS] has demanded the reading of the entire report. If he insists on the demand the Clerk must read it. Several Msnauus. Let it be read.
Mr. MORRILL. I hope the report will not be read.
Mr. JOHNson. If the report be read, I will ask for the reading of the testimony.
Mr. JLTHOMAS. I withdraw my demand for the reading of the report.
Mr. RANDALL, of Pennsylvania. I call for the reading of the report. We may as well have it read now as at any other time.
Mr. JOHNson. Then I shall have to demand the reading of the testimony.
The Speaker. the chair will rule in regard to the reading of the testimony when that point comes up. The report will he read.
Mr. NIBLACK. I beg to call attention to the fact that the Gentfrom Kentucky EMr. RousssAu] is not now in his seat; and I ope that no further proceedings in reference to this matter will be taken in his absence.
Mr. MOORHEAD. I trust that my cel league [Mr. RANDALL] will withdraw his call for the reading of the report, and let us go on with the tariff bill. The report can be printed.
Mr. JOHNson. I desire to inquire of the Gentfrom Ohio, [Ma SPAIbiNn] who has charge of this matter, when he proposes to call up the question for the action of the H'ise.
Mr. SPALDING. Whenever it will suitthe convenience of the House after the report shall have been printed. The Clerk began the reading of the report, but was interrupted by Mr. HALE, who said: I move that the further'reading of the report be dispensed with.
The Speaker. The Gentfrom Pennsylvania has the right to demand that a report upon which he is required to vote shall be read. The only wa in which the Gentfrom NewYork [lir.'Hua] can accomplish his purpose is. this bein Monday, to move a suspension of the rule which entitles a member to demand the reading of the document. ‘.
Mr. ELDRIDGE. Is it not too late to make that motion, the reading of the report having been commenced?
Mr. RAYMOND. I suggest that, besides this report, there is a good deal of testimony that ought to be printed and examined before any action shall be taken on this subject. I think the object we all have in view will be better attained by waiving the further consideration of this subject until we can have both reports as well as the testimony printed and laid on our desks.
Mr. HALE. Let me add one word. The controlling reason is that the Gentfrom Kentucky is not now in his seat.
Mr. RANDALL, of Pennsylvania. I desire to state to the'House my object in asking for the reading of the report. this simply this: that we may hear it read and heartie testimony which has been taken, so that members may reflect upon it to night and be prepared tomorrow calmly to vote on the subject. I therefore insist on the reading of the report.
Mr. WENTWORTH. I rise to a point of order. I make the point that’the Cler having begun the readin of the report in execution of the order of t a House, no member has a right to interrupt it until the reading has been concluded.
The Speaker. The Chair overrules the point of order. It has been the uniform usage to interru t the readin of a aper when the question has been rais to decide whether the readingshould be concluded or not. This being Monday, of course a motion to suspend the rules is in order, and that motion is now pending. The Clerk will read from page 162 of Biirclay’s Digest.
The Clerk read as follows: “Where papers are laid before the House or referred to a committee, every memberhas a right to have them compelled onceread at the table before he can be reading to vote on them: and this applies to the of paperson a motion to refort am. And so in re nrd to any reposition submittedfor a vote of the House, butit eingaright derivedfrom therules, be may at any time when a motion to suspend the rules is in order) be eprivedofit bya suspension of the rules. evenafter the main question is ordered to be put.” The question'recurred on Mr. HALE’S motion to suspend the rules.
Skip Skip The House divided, and there were ayes 87, noes 28. So the rules were suspended a d the further reading of the report was also su pended. The majority and minority reports were then laid upon the table and ordere to be prinQd. BNROLLED BILLS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined, and found truly enrolled bills of the following titles; when the Speaker signed the same: An act (S.No.66) granting a pension to Mary C. Hamilton; 'An act (S.No.215) concerning certain lands granted to the State of Nevada; An set (S.No.299) granting a pension to Jane E. Miles; An act (S.No.314) for the relief of Samh J. Purcell; and ti An act (8. No. 368) granting a pension to Mrs. Margaret A. Farran. TARIFF AGAIN.
Mr. MORRILL. I move that all further. debate on the pendin paragraphs in ComWhole on no state of the Union in reference to lead be terminated in 5 minutes, to give the Gentfrom Missouri on opportunity to be heard. The motion was agreed to.
Mr. ROSS. Is it in order to move to post pone the further consideration of the usrilrbill?
The SPEAKER. It is not, as the bill is not before the House, but in the ComWhole on the state of the Union.
Mr. M'ORRILL. I move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union on the special order. TE motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SOOIIELDin the chair,) and resumed the consideration of the special order, being a bill of the House (No. 718) to provide increased revenue from im orts, and for other purposes.
Mr. HOG. Mr. Chairman, this is aquestion of very considerable importance to the House and the country. We are new large importers of lead into this country, and have been during the war, while at the same time we have had the most abundant supply in our own country. We have a more abundant supply in this country than erliaps almost any other country in the worl; bht we have been unable heretofore to supply ourselves with lead, because of the cheaper rate at which it could be introduced from abroad. This tariff proposes to raise the duty one cent perpound on ig lead. This is a benefit exclusively to the aborer. The miner only gets the advantage. The price of pig lead reg ulates the value of the ore. We should not introduce foreign lead and be dependent on it aswe have been for the last 4 years in order to carry on our war. The ore can be produced in this country if the laborer gets sufficient protection in the price of lead. The price of end now throughout the world is higher than it has been heretofore, but this tariff only proposes advhncin the rate of duty on pig lead one cent perpoun. I hope the committee will agree to do it. It is a boon given to the miner, and I am opposed to any reduction. gilere the hammer fell.] I ‘lie question being taken upon the amendment to the amendment, to stri e out “two and a half” and insert “ four, ” it was not agreed to. The question recurring on the amendment o“f Mr. 10s, of Massachusetts, to strike out 3 ”and insert “two and a half, ” the gentleman withdrew it. ThGClerk read as follows: Onlead ore, 2 and a half cents perpound. 0n old scrnp lend fit. only to be remanufactured, 2 cents permm. On lead in 8 cats, pipes or shot. 3 and a half centsper pound.
Mr. BEAMAN. I move to insert after the last paragraph the words “on cepper, regulus of 20% advalorem.’
The CHAIRMAN. All debate is closed on the subject of lead, and the Chair is therefore of opinion that this amendment is not in order as coming under this head.
Mr. BEAMAN. I would inquire of the chair man of the committee whether “regulus " is covered in any iart of this bill.
Mr. MORRI JlJ It is not; and I an it is proper that this amendment shou introduced.
Mr. BEAMAN. It is evidently a different article from ore and has received increased value. I think, therefore, that 20% is the proper rate to put upon it, as it is 15%. on the ore.
Skip Skip The amendment was agreed to. At the suggestion of Mr. Moonnssn the fore oiu amendment was transposed so as to come ose be in a r the paragraph in relation to copper ore.
Mr. COBB. I move to amend the para apli in relation to “lead in sheets, ipes, and s 0t, " by striking out “ 3 and a half cents " and inserting “ 4 and a half cents.”
The Clerk read as follows: On zinc. spelter or tentenague, ln blocks 01'pics. 2 and ii half centsper pound.
Mr. COBB. I move to strike out “two and ahalf cents" and insert “4 cents." The manufacture of metallic zinc is an interest quite in its infancy in this country, and it is one which, in my estimation, requires more protection than another of the mining or metallic interests of the country. It is one in which labor and capital enter more largely in proportion to its value than any of the other mineral productions of the country. Previous to 1860, so far as my information ocs, there was little or none produced in the U.S.; all was brought from Germany and some other European countries. Now, there are zinc works in 5 or 6 different States wisconsin, ' Illinois, Pennsylvania, NewJersey, and Massachusetts. But the production of zinc has never yet been remunerative in any of those States. While we produce zinc ore in greatest abundance and of the very best quality, yet.we have never been able to manu‘ acture it to advantage, in consequence of the intricate and complicated character of the inn cliineryaud processes by which the zinc is so arated from the ore. It is not smelted lire other ores, but is produced by a system of distillation or sublimation, which requires exten sive and costly patented machinery and ro eesses. I have some statistics here which if the time allowed I would like to read.
Mr. MOItltILL. I hope the amendment will not be adopted. It will be necessary to go through the bill and make several other alterations if it is ado ited. The amount we have provided iIs, thin, sufficient, and ought not to be changed. in. 001313. We can make the other changes without much trouble. The amendment was not agreed to.
The Clerk read as follows: On zinc. spelter or toutenaguein sheets.four cents perpoun On oxide of zinc. dry or ground in oil, 3 cents perpound. On all manufacturesof zinc, not berein otherwise providedfor, 40%. advalor em. 0n candle or canncl coal and on all bitumine us coal mined and imported from an ort or place 30 degrees oflougitiido eastof‘ asington.$l 50 or ton o 28bushels, eight‘ypoundsto the ushcl: on all bitumine us coal mine and imported fromany placenot more than 30 degreesof Ion gitude enst of Washington, 'fifly cents or ton of 28 bushels.eighty pounds to the bushel; on anthracite and all M or coal not herein otherwise providedfor $150 er ton of 28busb els, cighty pounds to the bushel: on coke and calm of ooa, 25%. advalorem.
Mr. MORRILL. I only desire to notify the Gentfrom Maryland that the time he asked for has expired.
Mr. FTHOMAS. Iwill only state and I hope this will not be counted out of mytimethat when this bill was introduced I abstained from occupying the hour to which Iwas entitled, preferring to submit my remarks when the item of coal was immediately before the House. Now that we are on the subject of coal I hope I will he indulged in making the remarks which I could have made in the general discussion.
Mr. VANHORN, of NewYork. I hope the ntleman will be allowed to proceed.
The CHAIRMAN. The gentleman has 6 minutes of his time left. It cannot be exteudad as we are acting under the orders of the House.
Mr. MARSTON. I ask that the Gentfrom Maryland [Mr. THOMASaouss] shall be allowed what time e desires, if it be a full hour even.
The CHAIRMAN. The Chair understands that by general consent in the House the Gentfrom Maryland [Mr. FTHOMAS] was allowed 20 or 30 minutes on this question. We are now acting under order at the House, and the committee have no power to extend the time allowed by order of the House.
Mr. MORRILL. So far as I am concerned I wish the Gentfrom Maryland [Mr. FTHOMAShomas] to have all the time he wishes. Still, I know the committee are acting under order of the House.
Mr. FTHOMAS. As we are to travel some what by rule in ComWhole, I move that the committee rise with a view that the House take action upon this question. And I would suggest, too, tiiat it is very near the time when ordinarily we adjourn. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELD reporte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, bein bill of the house No. 718, to provide increase revenue from‘imports, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I desire to submit a motion now to give the Gentfrom Maryland Mr. FTHOMAS] as much additional time upon t iis subject, when its consideration shall again be resumed in committee, as he may desire, be that what it may.
Mr. FTHOMAS. I think a half or 3 uarters of an hour will be enough. I think t ree uarters of an hour.
Mr. ORRILL. I think I can hardly consent to allow the gentleman more than an hour’s eech alto ether on this subject.
The SPEAKER. The Chair is informed that the Gentfrom Maryland has 6 minutes remaining of the time heretofore granted by the House.
Mr. MORRILL. I move that the Gentfrom Maryland be allowed 30 minutes additional time, upon the subject of coal, when the consideration of the same shall again be resumed in ComWhole.
Mr. COFFROTH. I move to amend that motion so as to make it 45 minutes.
Mr. GAB FIELD. We mustaccord as much time to the one side as to the other; and therefore I hope it will not be over 30 minutes.
The SPEAKER. The House having ordered all general debate on this bill in ComWhole to be closed, it will require a suspension of the rules to permit any more than debate under the 5 minute rule.
Mr. MORRILL. I move that the rules be suspended, and that when the ComWhole on the state of the Union shall resume the consideration of the bill of the House No. 718, the Gentfrom Maryland [Mr. FTHOMAS] shall be allowed 30 minutes in addition to the time already allowed him by the House; and that I may be allowed ten minutes to reply to him.
Mr. HARDING, of Illinois. I shall object to the rules being suspended to allow any individual members time to speak on this subject, unless I am allowed to come in also.
Mr. COFFROTH. I move to amend the motion of the Gentfrom Vermont, Mr. Monnim.] so as to allow the Gentfrom Maryland [Mr. FTHOMAS] 45 minutes additional time.
The Speaker. The amendment of the Gentfrom Pennsylvania [Mr. COFFROTH]:11 not in order upon a motion to suspend the 88'! The motion to suspend the rules was agreed to, and the order for debate made accordingly. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended, and that the House resolvejtself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorisui in the chair,) and resumed the consideration of the special order, being a bill of the House (No. 718) to provide increased revenue from im arts, and for other purposes.
Mr. MORRILL. I move that the committee rise. Tbe motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Scoriiziln reporte that the ComWhole on the state of the Union, according to order, had had under consideration the bill of the House (No. 718) to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. LEAVE or assnsen.
The Speaker asked and obtained leave of absence until after tomorrow for Mr. McKEE. ANNEXATION OF BRITISH AMERICA.
Mr. BANKS, by unanimous consent, submitted a bill establishing conditions for the admission of the States of Nova Scotia, NewBrunswiclg Canada East, and Canada West, and for the organization of territorial governments; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComForAffrs.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. FOBKEY, its Secretary, notifying the House that that body had passed House bill No. 655, for the relief of C arles Brewer 8.; Co., with amendments, in which.he was directed to ask the concurrence of the House. HABEASCORPUS.
Mr. COOK, byunanimous consent, from the ComJudiciary, reported a bill nmendatory of an act to amend an act entitled An act relative to habeascorpus and regulating judicial proceedings in certain cases, ” approved May 11, 1866; which was ordered toble printed and recommitted.
Mr. ALLISON mtRtv the bill was recommitted; u‘pon the table. agreed to. MINERAL LANDS.
Mr. HIGBY. I ask unanimous consent to take up from the Speaker’s table Senate bill No. 1'57, to legalize the occupation of mineral lands andextend the right of preemption thereto, and referitto the ComMining.
Mr. JULIAN. I move to amend by referring it to the ComPubLands.
Mr. HIGBY. I have no objection to this bilfgoing to 3 or 4 different committees.‘if it be necessary. But there is one bill now before that committee that has been there for the last 2 years. It came before the House during the last session of the 38th Congress, and the chairman of the committee rose to speak upon it, and the bill was sent to the committee and it has lain there ever since. Now, there is some practical knowledge in the ComMining in relation to this subject, and we would like to have an opportunity to make a report upon it. I hope, therefore, this will be sent to that committee.
Skip Skip The question bein taken on the amendment of Mr. JULIAN, to reter the bill to the ComPubLands, it was agreed to. Mr. PRICE mtRtvs just taken by which the bills were, severally referred; upon the table. agreed to. 0. svssmo SESSION.
Mr. MORIHLL.’ I give notice that I shall ask for an evening session tomorrow, in order to close debate on the tariff bill. And then, on motion of Mr. RADFORD (at 4 o’clock and 55 minutes p. m., the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. 150.w, cropresentedimder the riilo and referred to the appropriatecommittees: Mr. DODGE: the petit|onnfalarge number of persons, protesting against the increase in the duty on linseed. Mr. GRISWOLD: The remonstrunccofa large number of citizens of New hork. against making Rouse‘sPoint bridgea ostroad. By Mr. ECGLESTO: The action of the city ooun oil of the city of Cleveland. in the Stateo! Ohio, [iro testingagainsteonsumersof gas be in taxedas mnn nfacturers: also protesting against the collection of a revenuetax from.nssengerson street railroad cars. Mr. FARQU All; The petition of Ira O Robertson, late a on tai nof U.S. volunteers, praying for authority to the War Dept to pay him or 6 months' services rendered as a captain of Indiana yolpnteers in commandof the 12th battery of Michigan volunteersin East Tennessee. By Mr. HUBBARD, of Connecticut: The petition of Martin Dorwer for relic. Mr. HUBBAHD, of WestVirginia‘: pet iti on of citizensof Plensantscount. WestVirginia, for the establishmentofa 9stroute romSt.Mary’s, inI ’leas ants county. via Singloton’sMills, to Hobron, in the same count. lightnU SON: Thereport of the adjutant General of ichizan in relation to the treatmentof the Michigan cavalry brigade. Also, a 1mm from Governor Crapo, of the state of Michigau.to the SecyWar in relation to the claim of the officers and menof the 1st Michigan cavalry. Mr. WHALEY: A etition ofcitisens of Craig. Montgomery and Bernie c counties.Virginia, to be attachedto WestVirginia.
@@@IN SENATE SENATE. TUESDAY, July 3, 1866. Prayer by the 01m lain, Rev. E. H. Gasr. On motion of Mr. VILSON, and by unan imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. FESSENDEN presented 6 petitions of citizens of the U.S., praying that the duties on imported articles may be increased so as to atford better protection to American labor; which were referred to the ComFinance. Mr. CLARK presented the petition of will liam B. Lewis, praying for compensation for damages done to his property byU.S. troops; which was referred to the ComClaims. REPORTS or COMMITTEES.
Mr. WILSON, from the ComMilAffrs , to whom was referred a bill (S.No.401) to increase and fix the military peace establishmentof the U.S., reported it with amendments. He also, from the same committee, to whom was referred aJtResolution (H. It. No. 176) amendatory of a.JtResolution entitled “A resolution respecting the beauties to colored soldiers, and e pensions, bounties, and allowances to their heirs, ” approved June 16, 1866, reported it without amendment. e also, from the same committee, to whom the subject was referred, reported a JtResolution (S.R.No. 120) restoring the allowance of double rations to the Adjutant. General and QuarterMGen of the Arm; which was read and passed to a 2nd resing. He also, from the same committee, to whom was referred a bill (S.No.226) to repeal section ten of an act to amend the several acts heretofore passed to provide for enPolling and calling out the national forces, and for other purposes, reported it without amendment. 1 Mr. CRESWELL, from the ComCommerce, to whom was referred the memorial of Phineas Banning. praying for the establishment of a ort of entry at. Wilmington, California, and, also a communication from the SecyTreasury in relation to the same subject, asked to be discharged from their further consideration; which was agreed to.
Mr. BROWN, from the ComMilAffrs , to whom was referred the petition of Mrs. C. S. Wilson, praying for compensation for expenses incurred and services rendered b her in aid of the Union prisoners at An rsonville, Georgia, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to. ensures M. nuns.
Mr. SPRAGUE. I am instructed by the ComMilAffrs , to whom was referred the JtResolution (S.R.No. 117) for the relief of Charles M. Blake, to report it back to the Senate without amendment and with a recommendation that it pass; and I move that the Senate proceed to the consideration of the resolution. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. It directs the payment to Charles M. Blake, of the full pay and allowances of a chaplain in the Army for one year from the 18th of May, 1865, to the 17th of May, 1566, being the sum of $1,560, less the amount which may have been paid him b the effect of the JtResolution for his relief, approved Juno 27, 1866. The JtResolution was reported to the senate withoutamcudment, orderedto be engrossed for a 3rd reading, read the 3rd time, and passed. J. JUDSON BARCLAY.
Mr. SUMNER. The ComForRel, to whom was referred the bill (H.R.No. 688) for the relief of J. Judson Barclay, have had the same under consideration and directed meto report it back with arecornmendation that it pass. As it is a very brief bill, I think it would save time if itwere taken up and acted upon now. Itherefore ask that the senate proceed with its consideration now. there being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It authorizes the SecyTreasury to cause to be paid to J. Judson Bar clay, consul at Cyprus, the sum of $3,000, being the amount paid by him for the expenses of his consulate.
Mr. SUMNER. There is a report from the House explaining the bill.
The Secretary read the report, as follows: The ComForAffrs, to whom was referred the petition of J. udson Barclay for remuneration for expensesincurred whilc ‘U.S. consuliiteyprus, have considered thesauicandreport: That by the sworn statementefJ. Judson Barclay, it appears that us consul at Cyprus, be himpaid out yoef ahriss own undo the sumof 9600each ear for 6 past for guard hire. drugoman, another officials indispensable to his officc, which expense in every other consulate in the East is home by the Government. By a letter receivedfrom the Dept of State these statements of the petitioner are only firampepdro.avnedd the justice and equity of the claim are The committee thereforereport for silol relief of J. Judson Barclay the accompanying i.
Mr. GRIMES. I will inquire of the Senfrom Massachusetts if this expense was incurred with or without the knowledge, approbation, or consent of the State Dept.
Mr. SUMNER. I have no information on that point. There is a letter from the State Dept sanctioning it.
Mr. GRIMES. I see, accordin to the report, that the letter from the State Dept admits that such an amount of money hasbeen expended; but the question is, whether it is a sate rule for us to establish here that a consul, wherever he be, may employ dragomen and interpreters and marshals and other officers, and then come here, on the strength of this precedent, and ask for compensation.
Mr. SUMNER. It is very evident that he cannot, whenever he pleases, for the Senator is well aware that these are the incidents of the consulates in the East.
Mr. GRIMES. I am very well aware, by conversation with a consul just from that section of the world last week, that there is no more necessity for a consul at Cyprus than there is for one at the Ichaboe Island, as there is not any necessity for 1/2 the consuls we have now in Europe. I understand we have a consul general at Florence who, for the purpose of aggrandizing his jurisdiction, is establishing little consulates all over Italy; and upon the theory of this bill I suppose that each one of them will be permitte to come here in a little while and ask for some exrra compensation.
Mr. SUMNER. With regard to the accessity of our consuls abroad, I thinktit hardly worth while, on this very'small bill, to raise that question. As to the consul general at Florence, it is well known that he serves without any coin ensation; he has no pay.
Mr. GRIhFES. He has no pay except that he compels the consuls who are under him to divide in the shape of fees.
Mr. SUMNER. I think the Senator must be mistaken in that. l have no idea that he receives anything in the way of compensation.
Mr. GRIMES. I understand that, as an illustration, such things as straw goods that have heretofore been shipped at the port of Leghorn without such signatures are now signed by this consul general, or else he causes the consul at Leehorn to divide the iroceeds with him all such articles as are made and manufactured in the valley of the Arno, and they are im orted principally into the Senator’s own city 0 Boston. I do not know whether it is so or not; butIhave been so told by a consul.
Mr. SUMNER. I have no knowledge of those facts; but I know perfectly well that the consul general at Florence receives no compeusation.
Mr. SUMNER. I do not. think that he would receive any indirect compensation. It was understood when he took the post that he should receive no compensation, and I believe that he has adhered in his own practice to that rule. However, that is a very wide deviation from the question before us. The simple question is, whether money which the consul at Cyprus shows he has expended for the purposes of his consulate shall be defrayed by the Government. The dept of State thinks it ought to be defraye, the other Housethink it ought. to be defrayed, and the report of the committee is in harmony with that. The bill was reported to the Senate without amendment, and ordered to be engrossed for a 3rd reading. It was read the 3rd time.
Skip Skip The question being put on the passage of the bill, there were, on a division ayes 8 een, noes none, no uorum voting. Mr. SUMNER called for the yeas&nays, and they were ordered.
Mr. CONNESS., 1 I desire that an order be made to print Senate bill No. 244, grantin lands to aid in the construction of a railro from the city of Stockton to the town of Cop peropolis, in the State ofCalifornia, as reported mm the ComPubLands. By some error it has not been printed.
The PRESIDENT protempore. It will be printed under the rule.
Mr. CONNESS. It has not been, and I desire to call attention to it.
The PRESIDENT protempera. The rule is that all bills reported from committees are to be printed.
Mr. BUCKALEW. I move that the Chair be authorized to fill the vacanc upon the committee on ventilation occasions by the absence of Senator Stockton. The motion was agreed to. HOUSE B1LLS REFERRED. The bill (H.R.No. 315) for the relief of the inhabitants of towns and villages in the Territories of NewMexico and Arizona was read twice by its title and referred to the ComTerritor., The bill (H.R.No. 747) to consolidate the land offices in the several States therein named was read twia by its title and referred to the ComPubLands. J. 1. PI ffTIGRU’S LAW Liniu'iir.
Mr. HOWE. I move to take up for consideration Senate JtResolution No. 79. The motion was agreed to; and the Senate resumed the consideration of the JtResolution (S.R.No. 79) to authorize the purchase, for the Library of Congress, of the law library of'Jaines L. Petti ru, of SCarolina.
Mr. HOWE. Fmove to amend the JtResolution by striking out, in the 4th line, the words “contract with the heirs” and insert “purchase the law library belonging to the estate, ” and in the 5th and 6th lines, to strike out the words “trausfer‘of the law library left by the said Pettigru to” and insert “use of, ” so as to make the resolution read: thTchyat the JtCom on the Library be and are hereby authorized. to purchase the law library belonging to the estate of the late James Louis Pettigru fo the useof the library 9f Congress and the sum of 5,000is herebyappropriatedout 0 any moneys in the Treasury not otherwiso approrTated. to carry into effectthe purpose of this reso u ion.
Mr. HOWE. I move to amend the resolution further by adding to it the words “to be aid only to the use of the widow of the said ettigru.”
Mr. FESSENDEN. The closing remark of the honorable Senfrom Wisconsin, I think, is in equally bad taste with the whole of the speech which he has read to the Senate on this subject] because it conveys an imputation upon all those who have opposed this purchase which none of them deserve. that those who do not choose to vote for this reposition have noappreciation of the patriotism of the man and are not disposed to do justice to him, and advertises those that were of different opinion and acted differently from himself that we had no appreciation of patriot ism. I suppose it'would not be doing myself very great injustice to claim that I have as much appreciation of those who have rendered service to the Republic or have exhibited patriotism as the honorable Senfrom Wisconsin himself; and I do not think it necessary, in order to carry a measure which is a favorite one with me, to depreciate the great men whom the country has always almost worshiped for their heroism and their patriotism during the Revolution, or to depreciate the great battles which have been considered landmarks in our history.
Mr. HOWE. Ibeg to inform the honorable Senator that I have imputed nothing of the character that he speaks of to any Senator. If it be supposed that I did so, it was absolutely unintentional on my part. I did not mean it, and I do not think I said anything of.the kind. I certainly did not mean any such thing.
Mr. FESSENDEN. I did not suppose the Senator referred to me particularly; but his remarks were applicable to all those who on a former occasion opposed the passageof this resolution.
Mr. HOWE. I commented on no one whatever.
Mr. SUMNER. I see no objection to this proposition on grounds of constitutional power. cannot doubt our power. Had I been called to vote on this proposition when it was under consideration some weeks ago, I should have voted against it. I was disposed at that time to look at the purchase proposed simply as a question of economy. Since then I have been led to regard it in that other aspect presented by the Senfrom Wisconsin, [Mr. HOWE] and I hesitate to vote against it. I have gone over the catalogue of the library. It is a respectable library for a practicing law yer. Some of the books are valuable, ethers may be useful as duplicates. But in voting this sum I do not expect an equivalent in the books. I make the purchase of these books the occasion of expressing my sympathy with courage and fidelity under pecu liar difficulties in the cause of our countr. Mr. Pettigru was like the angel Abdiel; “ foil 1 ful among the faithless only be.” In the State of South Cafolina and in Charleston itself he continued true to the Union in all its trials early and late; 1st, in those days when it was menaced by Nullification and then av in when it was openly assailed by bloody ebellion. He died in virtuous verty, and I am willing that Congress shoal make this contribution to his widow. such a character is an example of infinite value to the Republic. 1 wish to show my res set for it. I should be glad to see it exalte so as to be seen by men. In the deserts of the East a fountain is always cher ished as a sacred spot; such a character as we wopose to honor was a fountain in the desert. hat desert more complete than SCarolina?.
Skip Skip the jtResolution was ordered to be ea grossed for a 3rd reading and was read the 3rd time. Mr. FESSENDEN. I ask for the yeas&nays on the passage of the resolution. The yeas and nuys were ordered; and being taken, resulted yeas 19, nays 14; So the JtResolution was passed. aETRBNciIMENT.
The Clerk read The Senate proceeded to consider the followmg concurrent resolution from the HoRep: Whereas the financial condition of the U.S. demandsthe.exerciseof a rigid economy.in all do porimepts of the Governmenhjn order tosustain the credit of the nation and to relieve the people at the earliest possible day from the burden of excessive taxation "and whereastherois reasonto believethat in many depts of the civil service abuses have for along time existed and still exist. in the perpet ugaatniot n of iisclcss offices and sinecurca, in extrava salariesand allowances and in other unneces soIr and wasteful expenditures: Therefore. coolved by the HoRep (the senate concurring.) That a ioint select committeebe appointed, to consistof 2 membersof the Senate an d 3 membersof the House to be at led the joint select comRetrenchment: that said committee be instructed to inquire into the expenditures in all the branches of the civil service of the U.S and to re crt whetherany and what office sought to be abolished. whciher an and what salaries or allowance sought to be reduce and generally how and to what extent the expenses of the civil service of the country may and ought to be cur tdauirleindg. thTchraeteessasiodf c Coomnmrpitstse.teobseenaduftohropriezresdontosasnidt papers, and to report by ill or otherwise. And that said committeemay appomt a clerk for the term of 6 months and no more.
Mr. EDMUNDS. I move that the resolution be referred to the ComCommerce. The indtion was agreed to. ADJOURNMENT 'ro THURSDAY. On motion of Mr. GRIMES, it was Ordered, That when the Senate adiourn today. it be tomeI eton Thursday next. INDIAN APPROPRIATION BILL.
The PRESIDENT protemporc. The morn.ing hour having expired, it becomes the duty of the Chair to call up the unfinished business of yqesterday, which is the JtResolution (S.R.o. 98) to amend an not entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, ” approved February 17, 1865.
Mr. SHERA AN. I move to postpone the unfinished business and all prior orders, with a view to take up the special order assigned gorl this day, being the ndian appropriation I o The motion was agreed to; and the Senate, as in ComWhole. resumed the consideration of the bill (H.R.No. 387) making appropriations for the current and contin gent expenses of the Indian dept, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1867, the pending question being an amendment reported by the ComFinance to insert the followmg as section 3: SEC. 3. Abife: That from and after the31s.day of cccniber.1860t'.he SecyWarshall oxcrcise the supernsory and appellate powers and possess the Jurisdiction now exercisedand possessedby the SecyInterior in relation to all the actsof the ComrIndAff, iind shrill sign all requiSitions for the iidvancc or paymentofmoncy out of the Treasury on estimatesor accounts subject to the same ndiustment or control now exercisedon similar estimatesor accounts by the Auditors and Comptrollers of the Treasury or either of them.
Mr. DOOLITTLE. I hope this question may be disposed of by the Senate without taking up a great deal of time. I submitted very briefly the other day the views which controlled my judgment in opposing this change. In the 1st place, it is a very important change in the administration of Indian affairs, and it is legislating in the strongest sense of the term upon an approriation bill, which is not usu ally fuvore. esides, as I stated the other day, while I concede that in certain particular cases there would be a convenience in having the control of the Indians entirely and absolutely under the War Dept, yet in the majority of instances they are better managed under the Dept of the Interior; and the great business connected with Indian affairs is, after all, in relation to their lands and reservations, which come more peculiarly under the Interior Dept the survey of their lands, the administration of their funds, the distribution of their annuities. While I admit that inconvenience sometimes arises from an apparent conflict of jurisdiction between the civil Officers appointed by the Interior Dept and the officers in 'command of the Army, in my judgment that inconvenience is greatly overbalanced by the other considerations; and therefore I am opposed to this change. I think that the Committee on Fi nance have not fully considered the matter, or they certainly would not propose such important legislation as this upon an appropriation bill. If the Senate should come to the determination that a change ought to be made it had better be taken up and considered in a bill by itself, and not be put upon an appropriation bill.
Mr. SHERMAN. Only when in the opinion of the SecyWar it is advisable to, do that.
Mr. NESMITH. I move to amend the pending amendment by striking out the word “not, ” in the 12th line of the 4th section, and striking out all after the word “appointees, ” in the 13th line, so as to require the officers of the Arm designated as Indian agents and superinten ents to give bonds, as now required of civil a ointees.
Mr. DOOLITTLE. The pendin amendment is the 3rd section, which provides simply for the transfer.
The PRESIDENT protempore. The amendment suggested by the Senfrom Oregon is to a section not yet before the Senate. The question now is on the amendment ro osed by the ComFinance as the dim section of the bill.
Mr. TRUMBULL. That amendment presents avery important question. This transfer, in my judgment, ought not to be made without serious consideration and a full knowled e of all the facts involved in the change. hat so importanta reposition should be presented to us upon the ndian appropriation bill, which attracts very little attention at any time, and when the Senate, as is the case here today, consists of barely a quorum, very few paying attention to the subject under consideration, is, in my judgment, to be regretted. I think that a change of this sort should not be made without understanding from the Interior Dept and the War Dept specifically the reasons for it and what is to be gained by the change. Our Indian affairs have recently been very much disturbed by the war. We have at this time at the head of the Interior dept, under the control of which our In ian affairs now are, a gentleman in whom we all have the fullest confidence.
Mr. FESSENDEN. How long do you suppose he will remain there?
Mr. DOOLITTLE. Independent of the pay of the troops.
Mr. TRUMBULL. So Innderstand; indepenIdent entirely of the pay of the troops. I do not wish to take up time on this subject. confess that I am not sufficiently advised to discuss it in all its bearings. The matter was considered somewhat in the committee of which I am a member; but I did not feel sufficiently advised there to recommend this change. It may be for the best. I am not satisfied that it is. I see some reasons why it is not best to make the change. Until we have more information, and understand it better, I think we had best leave the matter where it is. Let us leave it there for the present until we see how, under the new settlements and new arrangements which have been recently made Iin regard to the Indians, this system will work. think we shall find an improvement in the management of our Indian affairs under the present officers. That is my judgment about it. In that I may be mistaken, and it may be best, when we come to understand the subject thoroughly, that the Indian Bureau should be placed under the War dept. I am not satisfied that it is so. I think this measure is inconsiderate; that it ought not to come in here in this way upon an appropriation bill, and from a committee not having special charge of the matter. I think the Committees on Indian Affairs of the 2 Houses, in connection with such information as may be obtained from the different Depts in regard to the management of Indian affairs, ought to consult together and mature the system, if the change is to take place, before we adopt it.
The PRESIDENT protempore. Is the senate ready for the question on the amendment Lefiorted by the ComFinance to the i ‘2
Mr. GRIMES. Iunderstood the Senfrom Maine to demand the yeas&nays upon it.
Mr. FESSENDEN. That was anotherquestion.
The PRESIDENT protempore. On this question the yeas&nays are demanded. The yeas&nays were ordered; and being taken, resulted yeas 12, nays 21; 16. So the amendment was rejected.
Mr. SHERMAN. The remainder of the amendments reported by the committee, the 4th, 5th, 6th, and 7th sections, will necessarily fall with the 1st. Perhaps a vote had better be taken upon them as one whole amendment. The 1st having failed, the rest as a matter of course follow.
The PRESIDENT protempore. The question will be taken on the other amendments imposed by the ComFinance collectively. The amendments ere to insert as additional sections the to owing: Spa. 4. Abife:, That the Secywar shall beauthorized, wheneverin his opinion it shall promote the economy and efficiencyof the Indian service, to establish convenient depts and districts for the proper administration of the duties pow imposed by law on the superintendents of Indian affairs and upon agentsand sub agents and to substitute for such an erintendentaandngents officersof the Army of the U.S., who shall be designated for that purpose, and who shall then becomechargedWith all the duties now imposed by law upon the superintendentasndagentsthussuper seded and Without additional compensation there for. 0flicers.of the Army sodesignatedshall not be required to give bonds now requiredof civ1lappoint ees.but shall be respe nsiblefor anyneglector mal RelgJvllllStftttiO accordingto the Rules and Articlcs 0 ar. Size.5. Abife: That all contracts for transportation connectedWith the Indian service shall hereafterbemade in the same manner and at the same time providedfor transportationfor the use of the Army. SEC. 6. Abife:, That the SecyWar shall be authorizedto withhold all spe cia licenses from traders, and, under regulations to be bghim rescribed, to provide the timesand places at which lu. traders comply in therewith may present themselvesfor bargi iin, arter and exc ange With the severalIndian tribes, according to the laws of the U.S.regulating the some. $50. 7. parts of laws in (JcGonsgstentwith the Abife:.That provisai olnllaswosf athnids act are hereby repealed. The amendments were rejected.
Mr. DOOLITTLE. I am instructed by the ComIndAffrs to offer several amendments to the bill. In the 1st place, I will offer some which are rather verbal by way of correction. On page 8, lines 165, 169, 172, 175, and 178, the word “ 13 th” should be “ 12th ;” so as to read “for 12th of 30 installments, ” 820.; otherwise the effect would be that the Indians would lose one installment to which they are entitled. Last year we appropriated for the 11th of their installments, and this year the appropriation should be for the 12th .
The PRESIDENT protempore. That correction will be made, no objection being interosed. p
Mr. DOOLITTLE. On the 14th page, lines 323 and 327, in the appropriation for the Kicks cos, the word “ 14 th” ought to be changed to “ 13 th.” Last year we appropriated for the 12th installment.
The PRESIDENT protempore. That change will be made, no objection being interposed.
Mr. DOOLITTLE. Onthe 17 thpiige, line 39 four, in the approriation for the Omahas, the word “ten " should he “ 9, ” so as to read, “ for the last of nine installments, ” &c.
The PRESIDENTproiempore. That amendment will be made, no objection being offered.
Mr. DOOLITTLE. 1 move the same amendment in the 407th line, on the same age, in the appropriation for the Ottoes an Missourias, to strike out “ten” and insert “nine” before the word “installments.”
Mr. DOOLITTLE. On the 18th page, line 420, under the head of “Pawnees, ” “5” should be changed to “4, ” so as to read, “ for last of 4 installments, ” &c.
ThePRESIDENTprotempore. That amendment will be made, no objection being offered.
Mr. DOOLITTLE. On page 19, line 444, I move to strike out the word “ten” and insert “nine” before the word “installments.”
The PRESIDENT protempor e. Thutchange will be made, no objection being interposed.
Mr. DOOLITTLE. In lines 451 and 455, on the same page, the word “9th ” should be changed to “8th, ” so as to read, “for eighth of ten installments, ” &c.
Tbe PRESIDENT protempore. Those changes will be made, no objections being interposed.
Mr. DOOLITTLE. On page 28, line 657, the word “9th ” should be stricken out and the word “8th ” inserted, so as to read, “for 8th of ten installments, " dte.
The PRESIDENTprotempore. That change will be made, no objection being offered.
Mr. DOOLITTLE. On the same page, line 669, the word “ 4th ” should be changed to “3rd, ” and in lines 600 an 75 and 679 the word “9th ” should be changed to “eighth.”
The RESIDE T protempera. Those changes‘ will be made, no objection being interposed.
Mr. DOOLITTLE. On page 63, line 1527, I move to insert after the word “ of” the words “sheep and of;” so that the clause will read: puFrocrhasusebsistencefortheNavajo Indians and for the of sheep and of agricultural implements, seeds, rho.
Mr. FESSENDEN. Do you propose to increase the appropriation?
Mr. DOOLITTLE. I now propose to move some amendments which contain approriations. On page 61, after line 1493, after the miscellaneous appropriations, I move to insert the foll0wing: For the reappropriation of the sum carried to the surplus fund forwarrant numbered 172, dated June 30, 1865.under the head “for surveying and allotting to the proper persons the reservedtracts.per the 9th an 10th articles of the treaty With the Sacs and Foxes, and other tribes of Indians of July 15, 1830, "$1, 20997. This is recommended b the SecyInterior in a letter whichI hold in my hand, and which I will read if it is desired.
Mr. FESSENDEN. It had better be read, so that we can understand what this amendment is about.
Mr. DOOLITTLE. It is as follows: WASHINGTON DEPT OF INTERIOR. D. C., Februaru 19, 1866. Sm: I have the honor to submit for the consideration of the Committee on Indian Atfairs. the subject embraced in the inclosed copy of a communication from the ComrIndAff of the 17th instant, namely: by the 5th section of the act. of July 81, 1854( Statutes at Large volume 10, page 332)an appropriation was made by Congress for surveying and ullotting to the‘proper personsthe resurvey tracts er the 9th an 10th articles of the with t o July Sites and Foxes of the Missouri, of 15, 1830. ” 7 Under the impression that all claims onaccountof the above appropriation, had been settled, an unexpended balance, to the amount of 81, 1)997, was remanded on the 30th of June last, and carried to “surplus fund." It now appears that William Ashley Jones. Esq., as a vices museariteoorimoumsiasnsdion Juesrtucnladiemr othf e 81,14262 appropforirastieorn above referred to; and as there are no funds at the disposalof this Dept applicable to the payment of said claim, the ComrIndAff recommends that an application be made to Congress to reapprztepriateth cun expended balanpe of June 30last.(8 97)for its original purpose, in order that a settlement ofsaid accounts inaybe made. This recommendation of the Commissioner is approved by this Deptand the favorable action of the ComIndAffrs is respectfully requested. uni, sir, very respectfully your obedientservant, ] AMEb ARLAN, Secretanl Hon. J. R. DooLir'rLE, Chairman ComIndAffrs, U.S. Senate.
Mr. DOOLITTLE. I am directed by the ComIndAffrs to offer auothe'r amendment, to come in after the amendment which I have just offered, after line 1493, on page 01: For this amount, or so much thereof as may be necessaryto pay the indebtedness incurred for the Indian servicein the Statopf Oregonand the Term wag Washington in the years 1860. 1861, and 1862, I have a letter here from the ComrIndAff which explains the facts upon which the committee thought proper to recom“this amendment.
Mr. FESSENDEN. Does it come from the fitment?
Mr. FESSENDEN. Does the Dept recommend it?
Mr. FESSENDEN. Over $60,000 has been alread appropriated to pay them heretofore, accoring to the letter which has been read.
Mr. NESMITH. All the claims, with the exception of this balance of $40,000, were paid out of the current appropriations. These are simple additions in excess of the appropriations for those years. The Government has had the supplies and has had the service. The people there have been lying out of their money for 3 or 4 years. I think this is a just claim, and that the Government should pay t ismoney.
Mr. WILLIAMS. I am somewhat famil iar with the circumstances under which these claims accrued. I know very well that men in Oregon have advanced their goods and their labor to these Indian agents and received vouchers; that thee vouchers have never been paid; and this money, if it is appropriated, will fig) to persons who are entitled to it, because the have rendered an equivalent for it to the In ian dept in good faith. Men have been employed by the iidian agents where the circumstances required that they should be so employed. Of course it was impossible for men who were acting in the capacity of laborers to know whether or not there was an appropriation to meet the particular case. [he could only depend upon the vouchers which they received from these Indian agents, and they, of course, expected that upon the presentation of those vouchers, which they had received in good faith, they would be paid for their labor or for their goods or whatever they furnished to the dept. But, on the contrary, after making these expenditures of labor and goods, and, in some instances, money, they have been compelled to wfiit for several years. We know that there is throughout the State of Oregon a feeling that there has been great injustice done by the Government in this respect in not payin these claims. I know of my own knowledge that very man of the claims are claims that ought to be paid, by the government. The Government has received an equivalent. Men have rendered services, given their goods and their property in good faith to the Government, and received their vouchers. When they presented their vouchers there was no money to pay them. I am satisfied that if there is any appropriation that is just this is one and it oug t to be made. 'lJhe amendment was agreed to.
Mr. DOOLITTLE. I am directed by the ComIndAffrs to move the following amendment, to carry into effect the treaty with the Winnebagocs. It is to insert on page 27, after line 650, the following: For the erection of saw mill. with grist mill attached.on their newreservation, as per3rd article treaty of March 8, 1Svi, $10,000. For on caseof breaking and fencing100 acresof and for each band of said Indians. as per 3rd article of treaty of March 8, 1865, $0,08760. For exchaosof sowmgand planting 100 ucresof and for each band of said Indians, and furnishing seedfor the same, as per3rd article treaty of March 8, 1865$, 5, 700. For the purchase of guns for said Indians, as per3rd article treaty of March 8, 18d).$2,000. For the purchaseof 400 horses, 100 cows, 20 yoke of oxcn. 20 wagons and 40 chains, as per3rd article treaty of March 8, 1865 and Senate amendment thereto of February 13 1866.860, 300. For the purchaseof agricultural implements, as per3rd articlc treaty of March 8, 186, 5$.54K). For the erection of an agency building, school house, warehouse, and suitable buildings for the physician, car enter interpreter, miller. engineer, and blacksmit, on the new reservation of said In dgtid'lial, s per4th article treaty of March 8, 1865, For erection of a house for eachchicfof the sai d agizbabas per4th article treaty of March 8, 1863, For expensesof the removal of the property of said Indians to their new homes, as per5th article treaty of March 8, 1865$, 300. For subsistenceof the Winnebagoesfor one your after their arrival at their n ewhomes, us per5th article treaty of March 8, 1860. $96,000
Mr. DOOLITTLE. I am directed by the ComIndAffrs to offer the following amendment, to come in after line 230, on page 10: For this amount, beingin consideration of certain lands coded the U.S. to be investedand held by the said U.S. at an interest of not less than 5% and to be paid to the Choctaw and Chickasaw nations immediately on the enactment of certain laws regarding persons of African descent residing in said nations. as per3rd article of the treaty of April 23.1866, to be cow rod into the Treasury of the U.S. as a temporary loan at interestat the rate of fivo% " $300,000. For this amount or somuch thereofas may be necessary to enable the SecyInterior to causeit censusof eachtribe to be taken. as per1st clanse ciclith article treaty of April 28. 1866. 1.500. For this amount.to be advanced the Choctawsfor the ccssion of thp leased district and the admission of the KansasIndians. asper46th article treaty of April 28.1866. 8160.000. For this amount. to be advanced the Chickasaws for t qssion of the leaseddistrict and the admission of the ltaiisas Indians. as "31 46th article of the treaty of April 28.1366. 71, 60,000. For pay of commissionersto be appointed by the President. as per 49th and 50th articles of the treaty of April 28.1866 and Senateamendment thereto or so much thereof as may be necessary. I
Mr. DOOLITTLE. On page 56, after line 1355. by direction of the ComIndAffrs, I move to insert the following: Camanehcsand Kioways: For 1stof 40 installments. to be expendedun dbeerintg heandiraemctoiounntoefqtuhaelSteoerteelnar oollfartshepeInr teearipoirt.a for 4,000 persons – the number agreedupon for the preseptyear asper 5th article treatyof Oc erlfiwjlti.1860. for the fiscal year ending Jline 30.1867. For transportation of goods. provisions. &c. purchasedfor the Qamanchc and Kioway Indians. for the fiascal your ending June 30 1367o. r somuch thereof may be necessary.525,000.
Mr. FESSENDEN. Is that to carry out a treaty?
Mr. DOOLITTLE. By direction of the ComIndAffrs, I offer the following amendment to come in after the amendment just adopted: Cheyennes.Arapahoec and Apaches: For 1stpf 40 installments.to beexpendedunder the direction of the SecyInterior. for the Apache Indians. being an amount equal to 20 dollars percopila for eiirht 100 persons as perleoond article. treatyof October17.1865f or the fiscal year endingJune 30.1807.81,000. For transportation of goods. provisions. &c. purchased for the Apache ndiiins for the fiscal year ending June 30.1807o.r so much thereof as maybe necessary.$5.600.
Mr. DOOLITTLE. On page 17, after line 405, by direction of the ComIndAffrs, I move the following appropriation for the Osages: Interest on $300000at 5%.per annum. to tbaerypaid semi annually in such articles as the SecyInterior may direct. as per1st article treaty of September:731. 805f or the fiscalyear end lni Junc 30. 1867. $10,000. ‘or this amount or so much thereof as may be speelelipn gsatn gc.tlaonddestercagedthien terxupsetnsesof surveyin and bysaid OsageIn ians. i’ismpe 13th articletreaty0 September 29 1865. For transportation of fpods. provisions. ke" purchasedfor the great and ittle Osage Indians. for the fiscal year ending Jone 80.1867 or so much thereof as may benecessary.83.
Mr. DOOLITTLE. I offer the following amendment from the ComIndAffrs, to come in on page 59, after line 14 34. Klamath andModok Indians: For 1st of 5 annual installments.to be applied under direction of the President. as per2ndar ticle treatyof October14.1864f or the fiscal year end luiduncfltl. 1507$. 3.000 or this amount.to payfor such articlesasmay be advanced the Indians at the timeofsiguing the treaty and to subsist them during the 1st year after their removal to the reservation.the purchaseof teams. farming implements.seeds.tools.clothing and provisions and salary of the necessaryemployes.as per3rd article treaty of October14.1861. $35000. Ifor the erection of onesaw mill. one flouring mill. buildings for the blacksmith. car enter and wagon and plow maker. the necessary uildings for one manual labor school and for hospital buildings. as per4th article treaty of October 14. 1861. $115500 For the purchaseof tools andmaterial for saw and flour mills. carpenter blacksmith. wagon and plow maker’s shops and books and stationery for the manual labor school. as per4th article treaty of October14.1 1.500. For 1st of 15 installments to pay salary and subsistence of one superintendent o farmmg. one farmer. one blacksmith. one sawycr. one carpenter and one wagon and plowmaker. as per5th article treaty of October14.1864.for the fiscal year ending June 30.1867. For 1st of 20 installments to pay sala and subsistenceof one physicipn. one miller, on 2 schoolteachers.as per 5th article treaty of October Li 1864for the fisca yearendingJuno30.18678.3.600. For the erection of agency buildings. 84.000.
Mr. DOOLITTLE. There is one more amendment which I am authorized by the ComIndAffrs to propose to the bill; and that is to add to this appropriation bill the appropriation for which aJtResolution was reported by the committee some time since to pay deficiencies for the support of the Indian refugees in southern superintendencies. I now offer that proposition as an amendment to this bill, to come in as a new section: Abife:. That there be and is hereby appropriated out of any moneyin the treas iiry not otherwise appropriated. the sum of $500,000 for the paymentof supplies already furnished to the destitute Indians of the southern superintendency, for removing themto their homes and for relieving such destitute persons among said Indians as are in actual want and suffering.
Mr. FESSENDEN. I have very great doubts about that amendment. I shou be glad to have the attention of the Senfrom Ohio to it.
Mr. SHERMAN. That is more than the amount the claimed of us.
Mr. SHERMAN. I wish to read extracts from 2 letters from the ComrIndAff upon this subject, and then I shall leave the question entirely to the Senate to decide. I know how futile it is to attempt to resist appropriations of this character. 0 have exended millions in this way. I must confess that these letters, and others, brought, me very much to agree to the general prowsition to transfer this whole bureau to the at dept. The 1st letter that I will read is ated Mn 10, 1866, and addressed to the SecyInterior, from the ComrIndAff: 1 “Sin. In compliance with your directipn. under, l ggte of the 7thinstant. I called upon Superintendent llson And here I may say that it was alleged before the ComFinance that Mr. Sells had a son who was a partner of the contractors furnishing these goods. Although that is not criminally wrong, yet certainly it creates un. pleasant 1m ressions.
Mr. DOOLITTLE. Upon that subject, if my honorable friend will allow me to interrupt him, I desire to say a word, as it is a matter involving the character of Mr. Sells. It is a fact, I believe, that his son was for a short time connected with Perry, Fuller & Co., in Lawrence; but the moment the attention of the Interior Dept was brought to the fact that there was a contract existin between the superintendent and a firm of which his son was a member, an order was at once issued by the dept absolutely for bidding an such kin of contracts being on tered into y an agent of the Indian dept with any rm in which any relative of the agent or superintendent had any interest whatever. The son of Mr. Sells immediately withdrew from this firm, as I understand the fact to be. The contract to which reference has been made was but for a very small portion of the su lies which were sent to that country. I wi say to my honorable friend that this whole subJeet was before the Indian Committee, and pretty fully investigated, and we became satisfied that there was nothing in the transaction which involved the integrity of Mr. Sells. I felt bound to say this much.
MR.FESSEi DEN. I suggest to my friend that the Commissioner says that by looking at the dates the Senator will see that it was not until after the indebtedness had been incurred that he directed Mr. Sells to stop the expenditure.
Mr. SHERMAN. I know that; but then only $177,000 had accrued up to that time. That was the deficiency.
Mr. Cooley tells us on the 10th of May that he directed the discontinuance of these expenditures, and that up to the 1st of March the amount of expenditure in excess of the appropriation was $177,000. I want to know where that money was got. Was it drawn out of the Treasury without an appropriation? Certainly not, because the accounting officers would not allow them to do it. Was it money due to the contractors who were goin on furnishing supplies after the fund was exousted? If so, the did it at their peril. Was it in violation of the orders of the ComrIndAff? Ifso, certainly ithas no claim here before Congress. Who paid out that money? Where was it got? How could they expend the money withoutan approriation? All these were questions that we cond not answer. The ComFinance, therefore, did not act upon these appropriations, simply because we had not satisfactory information on the subject.
Mr. DOOLITTLE. I do not wish to occupy lie time of the Senate, but will call to mind 2 or 3 thin s in a, very few words. It will be remembere that this estimate from the Interior Dept came at the verybeginning of the session. The estimate lthen was $1, 100,000 for the purpose of keeing these Indians from starving until something could grow out of the ground for them to eat. It went to the ComIndAffrs. It seemed very large. We had already paid out a great deal of money for these Indians. progosition was made to furnish $500,000, and as congress would not probably adjourn until spring, ifthat could not carry them on we would pass another approriation and hel the thing through. We could not let these Inciiyius starve on our hands. They were our friends, who had been driven into Kansas on account of their loyalty to the Government. Under a law of Congress the SecyInterior had been compelled to take them back to their own country, where there was no corn and no vegetation growing. They were on our hands. It was in the Winter when nothing would grow. The fact is that we did appropriate that $500,000, and the Dept has been constantly pressing on us the consideration of this additional appropriation which would be necessary. isi
Mr.SHERMAN. Who furnished the money to Mr. Sells?
Mr. DOOLITTLE. I do not know. I suppose the contractors made contracts for the elivery of these goods. I resume they have ke t delivering them right a ong. ow, Mr. President, the ComIndAffrs, looking the subject all over, bein just as anxious as we could be to get rid of this expenditure, came finally to the conclusion to recommend the appropriation of $500,000, which will pay for what has been expended, and leave about 125,000 dollars to carr the thing along until the lst of August. y that time we thought these Indians could live from what grew out of the ground in that country, and what game they could secure or fish they could take in the river. Up to that point we were willing to go; but there the matter was to stop, and that was to be the end of any of this expenditure for the purpose of sustaining these refugee Indians. That was our conclusion. It was with that view that we recommended the passage of the JtResolution which we reported, and which we now propose to put as an amendment on this bill. It seems to us to be a necessity.
Mr. WILLIAMS. I should like to ask how many Indians there are that the Dept has been feedin.
Mr. DOOLITTLE. There were about 20,000 of the northern Indians, and somethings were furnished after the war was over to some of the southern Indians, who were suffering also. I have here a detailed estimate, not made by sufferintendent Sells, oing into all the details. We put the amount own to the very lowest figure that we could. It would not do to let these Indians starve and let their blood be upon our hands. Their rations are as low as they can possibly be to live, in my Opinion.
Mr. DOOLITTLE. Iwill state that there are some 2 or 3 matters connected with Indian affairs in relation to some deficiencies, one of them in the Territory of Nevada, but they did not come to the committee in time to enable us to consider them sufficiently to olfer them to this bill. We propose therefore to offer them hereafter upon the miscellaneous appropriation bill.
Mr. GRIMES. Ioffer the followingamendment to come in as an additional section: Abife: That any loyal person, a citizen of the U.S., of good moral charucter, shall be permitted to trado With any Indian tribe upon giving bond in the penal sumo not less than $5,001nor more than $10,000 With at least 2 good securities;to be approvedby the superintendent of the district within which such person proposesto trade, rencwnblo each year, conditione that such person will faithfully observeall the laws and reguations madefor the government of trade and intercoursewith Indian tribes, and in no respect violate thesome: Provided. Thatthelaws now in forceregulating triulo and intercourse with Indian tribes affecting licensedtraders and prescribing the powersand duties of the ComrIndAff, superintendents. agents, and sub agents in connection therewith, shall be continued in force and app] to traders under this provision, exceptas herein otherwise provided. When the bill was under consideration in the Senate which came from the special committee, I believe, of which the Senfrom Wisconsin [Mr. DooLiTrLn] was chairman, I submitted an amendment in general terms embodying the idea that is embraced in this amendment. It was adopted with great unanimity by the senate, and went to the HoRep; but the bill still lingers in that body. The amendment which I have now offered is the substance of that, except that it has been redrawn by a colleague of mine who is a member of the Indian Committee in the HoRep.
Mr. TRUMBULL. I do not think there can be any objection to the amendment.
Mr. GRIMES. The bill remains unaeted upon in the HoRep in conscripence of some inability to report it.
Mr. TRUMBULL. If I understand that amendment, the party gives a bond to comply With all the regulations for keeing whisky and contraband articles out of the ndian country. That is so, is it not?
Skip Skip The amendment was agreed to. The bill was reports to the Senate as amend ed, and the amendme were concurredin, and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed. On motion of Mr. SHERMAN, the title of t“he bill was amended by adding the words, and for other purposes.” PREVENTION OF SMUGGLING.
Mr. CHANDLER submitted the followmg report: The committee of conference on the disagreeing votes of the tivo Houses on the hill (5. No.2.22o)n titled "An not further to preventsmuggling and for other purposes, "having met, after full andfree conferencethey haye ngreetlto recommend and do recommend, to their respectiveHousesas follows: That the Senateagreeto the 1st amendmentof the HoRep to the bill; and that it agree to the 2nd amendment of the HoRep to the bill and that it agreetothe3rd amend mentof the HoRep to the bill and that it agreeto the fourt amendmentof the HoRepto the bill. That the Senate agree to the 5th amendment of the HoRepto the bill with an amendmentasfollows: " in all caseswhere the possession of such goods shall beshownto be in the de fendant or where the defendant shall be shown to have had possessionthereof, such possessionshall be deemed evidence sufficient to out orize conviction. unlessthe delcndant shall explain the possessionto the satisfaction of the Jury." That the Senateagreeto the 6th amendmentof the HoRepto the bill, and that the Senateagreeto the7th amondmsnotf the hoRepto the bill. Z. CHANDLER JOHN cormsss, Manager:on the part of theSmate. Tnoiuxs. Home"JOHN L. THOMAS. on the part of the home. The report was concurred in. PAPERS WITHDRAWN AND REFERRED. On motion of Mr. FESSENDEN, it was Ordered, That the petition of Denis Sullivan, of Alexandria, Louisiana. prayingfor compensationfor property destroyedby forcesof the U.S.be taken fromthe files of the Senate and referredto the ComcClaims.
Mr. SUMNER. I move that the Senate concur with the HoRep in that resolution. It is not necessary that it should be referred. I have examined it at the desk. The motion was agreed to. LEAVE OF ABSENCE.
Mr. HOWARD. My colleague [Mr. CHAND Lsn] is about to be absent for the purpose of visiting his home, and I venture to ask.for him leave of absence for one week from this time. Leave was granted. MASSACHUSETTS MILITARY CLAIMS.
Mr. WILSON. I am directed by the ComMilAffrs to report aJtResolution l(S.R.No. 121) providing for the auditing o the accounts of the State of Massachusetts for moneys expended during the war for coast (lefense. The JtResolution was read a 1st time by its title and passed to a sec nd readi
Mr. will ON. I should like to fire that resolution acted upon at the present time. It proposes to authorize the appointment of 2 commissioners to examine into the claims of the State of Massachusetts for something like 400,000 dollars expended for coast defense. A JtResolution on this subject was reported the other day by the Senfrom RhdIsland, [Mr. SPRAGLE] from the Military Committee, but objection was made to it at the time; and in order to get the facts of the case this resolution proposes the appointment of 2 commissioners by the SecyWar to examine into the subject.
Mr. GRIMES. Let us have it printed, so that we can see what it looks like.
The PRESIDENT protempore. The Senfrom Massachusetts asks the unanimous consent of the Senate that the resolution now reported by him may be considered at the present time.
The PRESIDENT protempore. Objection being made, the Jtresolution lies over under the rule.
Mr. CLARK. I move that the Senate proceed to the consideration of Senate bill NO. 405. The motion was agreed to; and the bill (S.No.405) making approrintion for the construction and repair of the levees of the mississippi river, in the States of Mississippi, Louisiana, and Arkansas, and for the improvement of the river, was read a 2nd time and considered as in ComWhole. It appropriates the sum of $1,500,000 to reconstruct and repair the levees on the Mississippi river in the States of Louisiana, Mississippi, an Arkansas. This sum, or so much thereof as may be necessary, is to be expended, under the direction of the SecyWar, for the purposementioned, as follows: $595,000 in the State of Louisiana, $056,000 in the State of Mississippi, and $250,000 in the State of Arkansas, as nearly as may be, with a proor regard to the efficiency of the repair. The SecyWar is, at the next session of Congress, to make an accurate and detailed report to each House of the amount of mone expended under this act; the amount of worldone, how, and in what manner; where, and by whom; the particular levees repaired or reconstructed; the rates paid for work and material; the condition of the levees; tlfiarea protected by such repairs or reconstruction, and what sums, if any, remain nnexended.
Mr. CLARK. There was are ort su mitted by the committee who had this an ject in charge, and I will ask for the reading of the report, as it states the matter as succinctly as I coulh do it.
Mr. SHERMAN. Unless the Senator wants to go on with this bill today, I wish to move an executive session.
Mr. CLARK. I was about to say that I did not propose to carry this bill to its passage to day. My object in calling it u and havmg it read and having the report read) was to call the attention of Senators to it. It is avery important measure, and it will need undoubtedly the action of the Senate. I intend to call the attention of the Senate to it again at a very early day. I will now move that the Senate proceed to the consideration of executive business.
Mr. CONNESS. I hope the Senator will withdraw that motion for a moment to enable me to get some House amendments to a Senate bill concurred in.
Mr. CLARK. I have no objection to that, if it will not displace this bill.
Mr. CONNESS. Not at all. FOLSOM AND PLACERVILLE RAILROAD.
Mr. CONNESS. I move that the amend.nents be concurred in.
Mr. HENDRICKS. I inquire whether these amendments have been referred to the ComPubLands.
The PRESIDENT protempore. The have not been. The bill is returned from the HoRep with these amendments. This is the 1st time the Senate has been called to act on them.
Mr. HENDRICKS. I ask the Senator whether the chairman of the committee has examined them.
Mr. CONNESS. I believe not. But as the amendments are all restrictive of the Senate bill and reducing the grant made, I supposed there would be no objection to a concurrence in them. The amendments are all restrictive on the bill as it passed the Senate. I have examined them closely.
Mr. HENDRICKS. Icannot tell much about it from the more reading of the amendments. The amendments were concurred in. expectrrlvn SESSION.
Mr. SHERMAN. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in the consideration of executive business the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tessnsr, July 8, 1866. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. Bonrox. The Journal of yesterday was read and approved. ACCOUNTS or HOUSE BMPLOifis.
Mr. KERR, from the Committee of accounts, submitted the following resolution: Remlved, That it is ordered by this House that hereafterit shall be the duty of everyofficer or employee of the same, before presenting for paymentor approval to the ComAccounts.any account or claim for service or labor or material, tocausetho sumoto be duly certified to be correct b the proper officor and to procure an affidavit to e attached thereto, signed and sworn to by the odicor under wachcorsueed immediate supervisionsuchaccountor claim setting forth that the some is just and correct, and that the amount thereofis the true amount required bylaw or the order of this House, or that it is the amount due npon contract and is the usual price for such service, labor, or thing, and that no ofllcer or person exceptthe one named therein, has calaniym interest, directly orindirectly, in such account or
Skip Skip Mr. KERR. I demand the previous question on the resolution. H he previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. KERR. mtRtv the resolution was adopted; upon the table. agreed to. WITHDRAWAL or rsruns. On motion of Mr. COFFROTH, by unanimous consent, leave was nted for the with drawal from the files of the House of the papers in the case of John McGorish, asking for a pension, reported advcrsely from the ComInvalidPens, and also the letter of the SecyInterior and of the Commissioner 0 Pensions on the same case. UNION PACIFIC RAILROAD, EASTERN DIVISION.
Mr. WILSON, of Iowa. A bill exlanatory of an act to amend an not entitled “ n act to amend an act entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other dpurposes, approved July 1, 1862, " approve July 2, 1864, was set downas a special order for today. The Gentfrom Pennsylvania, [Mr. Srsvsivsd who is interested in it, informs me that he is puite unwell, and as the bill is not yet returned mm the printer, I move that it be postponed until Thursday next, after the morning hour. The motion was agreed to. rnnanmsn’s BUREAU HILL.
Mr. ELIOT. I demand the previous question on agreeing to the report of the committee of conference.
Mr. HALE. I would inquire if the amendments of the Senate have been printed.
Mr. ELIOT. Yes, sir; long ago. Every thing has been printed except the report of the committee of conference.
Mr. HALE. I hope the gentleman will explain the report.
Mr. WASHBURN, of Indiana. what is the price at which these lands are to be sold to freedmen?
Mr. WASHBURN, of Indiana. That is not the cost to the Government.
Mr. ELIOT. I on ht to state that the price is fixed in the bill at 1 50 an acre. The Gentfrom Indiana
Mr. Wasnauax] says that is not the cost to the government. I am not so familiar with the facts as to be able to state how that is. The next amendment of the Senate provides that certain lands which were purchased by the U.S. at tax sales, and which are now held by the U.S., should be sold at prices not less than ten dollars an acre, and that the proceeds should be invested for the slipport of schools without distinction of color or race, on the is ands in the parishes of StHelena and StLuke. That is all the provision which was made for education. It will be remembered that in the other bill there was a provision which was deemed pretty elabo rate and pretty extensive. That provision was stricken out and the provision of the Senate is a substitute for it. The next amendment, or rather a part of one long amendment, consists of 2 sections that merely provide for carrying into execution the prior sections to which I have referred. The only other material amendment made by the Senate gives to the Commissioner of the bureau power to take property of the late confederate States, held y them or in trust for them, and which is now in charge of the Commissioner of the bureau to take that property and devote it to educational purposes. The amendment further provides that when the bureau shall cease to exist, such of the late socalled confederate States as shall have made provision for education without regard to color should have the balance of money remaining on hand, the same to be divided among them in proportion to their population. believe I have gone over the amendments which have been made by the Senate, and I hope I havrl explained them so as to be under stood by my friendfrom NewYork, [Mr. HALE] I now call the previous question on the adoption of the report.
Skip Skip The previous question was 2nded and the main question ordered. Mr.qLEBLOND. I wish to say to the Gentfrom Massachusetts [Mr. ELIOT] that we cannot tell at this time just what this bill is. It has never been printed as amended by the committee of conerence. We can only judge as to its present form by what has been sai by the gentleman. I do wish that the gentleman won (I consent to have it printed in the form in which it has come from e committee of conference, so that we may understand it. We understand this much, an this alone, that there is “nigger” in its head, “nigger” in its bowels, and “ nigger” in its heels. I suppose that it is “nigger” all through; but whatever may be its character we would like to understand it.
Mr. UPSON. I raise the question of order that debate is not in order, the previous question having been 2nded and the main question ordered.
The Speaker. The Chair sustains the point of order. The House is acting under the operation of the previous question, and debate is not in order.
Skip Skip The question being on agreeing to the report of the committee of conference, Mr. FINCK called for the yeas&nays. The eas&nays were not ordered. Mr. 4 INCK called for tellers on ordering the yeas&nays. Tellers were not ordered. Mr. FINCK. I move that the report of the committee of conference he laid on the table, and on that motion I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 25, nays 102, not voting 55; So the House refused to lay the report on the table. The question recurring on agreeing to the report, it was agreed to. lMr. ELIOT mtRtv the report was agreed to; on the table. the latter motion was agreed to. THANKS TO WORKING MEN OF LYONS.
Mr. RAYMOND, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Relolved by the HoRep(t.he Senate concurrin.) That the thanks of Congress be and they are ereby, tenderedto the working man of yous. ranoe, who have presented a silken flag, prepared at their instance by the Weavers' Association of that city, in memoryof the late President Lincoln and intended to be displayed at the cere moniesof Congresson the 12thof February last and that the flag be depositedwith the archives of the Governmentin the State Dept.
Mr. RAYMOND mtRtv the resolution was agreed to; on the table. agreed to. AGRICULTURAL REPORTS OF 1861.
Mr. LAFLIN. The ComPrint in, to whom was referred the resolution proviing for printing 25,000 extra copies of the Agricultural Report of 1864, have directed me to ask that they be discharged from the further consideration of the same, and to move that it be laid on the table. The motion to lay on the table was not agreed to ayes 45, noes 55. The question recurred on agreeing to the resolution. ENROLLED BILL ANDJtResolution.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled a bill and JtResolution of the following titles; when the Speaker signed the same: An act t. No. 725) to provide for the paymento the 6th, 8th and 11th regiments of Ohio volunteer militia, of Cincinnati, Bard’s company of cavalry, and Paulsen’s battery, during the time they were in the service of the U.S.; andJtResolution (H.R.No. 52) to provide for the expenses attending the exhibition of the products of industry of the U.S. at the Exposition in Paris in 1867. RAILROAD TO PORTLAND, OREGON.
Mr. BIDWELL had, under the rules, entered upon the Journal a mtRtv Senate bill No. 123, entitled “An act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad in California to Portland in Oregon, ” with an amendment in the nature of a substitute, was recommitted to the ComPubLands. PRINTING OF AGRICULTURAL REPORT AGAIN.
Mr. ANCONA. I demand the previous question on the adoption of the resolution.
Skip Skip The House divided); and there were ayes 60, noes 25; no uornm voting. The SPEAKE 1., under the rules, ordered tellers; and appointed Mr. LAFLIN and Mr. ANCONA. The House again divided; and the tellers re ported aycs 73, noes not counted. So
Mr. LAFL N. I rise, under the rules, to close the debate on the resolution.
Mr. ANCONA. I rise to a question of order, that the Gentfrom NewYork is not entitled to the privilege of closing the debate after the previous question has been 2nded for the reason that he has reported against the adoption of the resolution.
The Speaker. The Chair overrules the question of order. The rules allow the member who reports a proposition, after the previous question has been 2nded and the main question ordered, to close the debate.
Mr. ANCONA. Does not the Gentfrom NewYork lose his privilege because he has reported against the adoption of the resolution?
Mr. ANCONA. I thought, when my motion prevailed against the report, I would of course be entitled to the floor.
The Speaker. The ground for the decision of the Chair has been fully stated here tofore. No member, after a bill or resolution has been reported, can cut off the right of the member reportin the proposition to close the debate. he ru e is exactly appropriate to this case.
Mr. LAFLIN. Mr. Speaker, I have no disposition, neither has the ComPrintg, to act in opposition to the general wish of the House; but with that committee I am sat isfied the House is acting under a misa preliension. If it were not for that I should not have availed myself of the privilege granted to me as chairman of that committee to discuss the resolution before the House. This resolution does not apply to the Agricultural Report of 1865, butto an Agricultural Report of which a very large edition has been printed and distributed. wish to state a fact or the House to consider before they proceed in this summary manner to vote on the resolution calling for the printing of 25,000 extra copies of an Agricultural Report. I am told b my associate on the committee from West irginia, [Mr. Lsrnsx, who has given this subject special investigation, that a arge edition alrea y has been printed of this Agricultural Report and that the electrotype plates are so worn that it will be impossible to print this edition of 25,000 extra co ies without renewing them altogether. I would like to know where the argument is to come from that will drive us to the necessity at this time of publishing a new book, requiring resetting from beginning to end, at an expenditure not to be estimated in the ordinary way at a dollar and a halfor 2 dollars a vol ume. It would amouutto 1000s of dollars to print 25,000 copies of the Report of 1864. So far as the type are concerned they are now distributed, and it will really be the publication of a new book.
Mr. ROSS. I believe the plates of the report for 1863allowed us to have 750 co ies each. The gentleman has been very libera in reportin for all printing except that which is beneficia to the farmers of the coirBtry. He has now persistently set himself against the expressed will of the House. I believe he has reported in favor of printing a large number of the Reconstruction while he strenuously opposes the prinRtienpgorto, this Agricultural Report for the benefit of the farmers.
Mr. LAFLIN. Does the gentleman intend to interject a speech into mine? I thought he rose to a question.
Mr. ROSS. I wanted to know how the plates for 1864 gave out, while we have had so many more copies of the Report of 1863. What is the matter with the plates?
Mr. LAFLIN. I was proposing to answer the gentleman’s question, but he continued his s cech and did not give me an opportunity. ow, sir, I am not able to say why it was that the metal used in 1863 proved superior to that used in 1864. I am telling what I understand to be the fact, on the authority of my colleague on the committee, [Mr. LATHAM] that the plates are worn out; but the reason why they are worn out I have not been able to discover.
Mr. ANCONA. If the gentleman will allow me, I thinkI could hel him to a satisfactory an swerto the gentleman @0111 Illinois, [Mr. Ross] by assumin that these lates are not worn out at all, but that the Pubic Printer only wishes to save himself from the labor of printing this additional number and makes that a mere pretext.
Mr. LAFLIN. Mr. Speaker, I am unable to understand the drift of the remark of the Gentfrom Pennsylvania. If the gentleman means to intimate that the Superintendent of Public Printing desires to serve the ends of economy and of public interest, I conceive that he is right; but if by thatintimation he intends to convey the impression that the Superintendent of Public Printing does not deSign and is not willing to do his duty, I repudiate, on his behalf, such an intimation. Now, I say to this House that if this resolution is passed on have got to go to the expense of preparin the work de nova. If gentlemen want more ooks than they have now, in the name of common sense let them, instead of passing this resolution, pass a resolution to print the Agricultural Report of 1865. Tp print 25,000 copies of the Report of 1864 will cost as much as to print 75,000 co ies of the Report of 1865. Let us, therefore, show some practical sense, some judgment, and have the books of ldue printed instead of 1864. We might go on and print the Agricultural Reports of 1862 and 1863, and so on with regard to every'book ever ordered by Congress, with just the same propriety as to print this.
Mr. JOHNson. Will the gentleman allow me to say a few words on the subject of plates ‘1
Mr. JOHNson. I think it rather recommends itself to the House that these plates are worn out. If the House knew how these plates are gotten up they would not consider them of any great use. In 1863 a few days after the battle of Chancellorsville haspening to be in this city, I called upon the omrAg, and he showed me an engraved picture of a sheep which he said he had imported from Europe and he was going to have the picture inserte in the next Agricultural Report. I remarked that it was a very fine animal; I never in my life saw a sheep so large across the hams and withers. The Commissioner was very much pleased with my remarks. Now, ” said he, “I will show you the original hotograph of the sheep.” So he got it out. t did not look like the en raved plate at all. Then he showed me another picture of the sheep, which he had had painted up after the original photograph and improved so that the lithographer could make the fine picture that was to embellish the Agricultural Report. Now, I submit that if these lates are gotten up by the ComrAg in that manner we had better have the book without the plates.
Mr. LAFLIN. I did not yield for a speech on the subject of pictures. I supposed the gentleman was going to say something on the subject of printin.
Mr. JOHNSON. I do not know anything about printing. [Laughten].
Mr. ROSS. There has been no complaint about the printing of Agricultural Reports. It is the printing of political documents that we have been objecting to.
Mr. LAFLIN. I fully understand that. I fully understand that the object of the gentlemen is to run up such an enormous sum of expenditures in every dept that they can go before the people of the U.S and decry and condemn this Administration for its extravagance. And when gentlemen upon that side of the House can go before the people and can show that each member of Ben ess is receiving an expenditure made in his behalf in public printing of from 2 to 3,000 dollars a yearand say, “ We are not responsible; this thing has been done to us by the majority with the consent of those who control that majority, ” they can apply the a ument with rest power and force.
Mr. ROSS. [If the gentleman wishes to put himself and his party friends on record against publishing the Agricultural Report and infirm of publishing political documents, we are will in to acce t that issue.
Mr. LAFLIN. So far as our relations to that matter are concerned; I stand ready to j us tify them both here and anywhere. In no particular has the ComPrintg allowed themselves to be influenced by merely political considerations in their action. The'very last report which was made from that committee, and which was submitted by the gentlemen from WestVirginia, [Mr. Luann, ought of itself to be sufficient to disprove such an imputation as that. That report was in favor of printing both the majority and the minority reports of the JtComReconstruction; no partiaity, no preference was shown. And the Gentfrom Illinois [Mr. Ross] knows that this House was not under any obligation to print that minority report. Now, I defy any member of this House to point to any report which this committee has made, or to any report which they have declined to make, which would authorize him to cast that imputation upon the committee. I hope that by this time the House thoroughly understands this question. Now, if after this expla nation, members shall choose to adopt a resolution calling for the printing of this extra number of Agricultural Reports, at this immense cost to the Government; if they choose. simply for the purpose of procuring 25,000 additional copies of the Agricultural Report of 1864, to impose an expense upon the Government which would give them from 50 to 7 ty 5,000 more copies of the Report of 1865, then all I have to say is, that I have done my duty, and upon them rests the respon sibilit. May MILLER. IVill the Gentfrom NewYork [Mr. Lama] yield to me for a few moments?
Mr. LAFLIN. I will yield 5 minutes, and then I shall call for the vote.
Mr. ANCONA mtRtv the resolution was agreed to; on the table. agreed to.
Mr. MORRILL called for the regular order. LAND TITLES IN CALIFORNIA.
Mr. JULIAN. Mr. Speaker, before proceeding to discuss this bill, I desire to make a proposition to the House, and my subsequent action will be determined by the vote upon that propositiou. This is a bill to quiet titles in California. It has been passed y the Senate and reported favorably y the ComPubLands of the House. Since the report of the bill, I have received letters and dispatches from intelligent and prominent gentlemen in California, begging me not to press action upon the bill at this session. If we enter upon its discussion at the present time, it will consume whole da s of the most valuable time of the session; or I find upon the one side and the other gentlemen who are desirous to debate it; and I mean to allow the fullest range of debate, the subject being an important one. In view of the late period of the session, and in view also, of fresh information. I have received, proposeto submit a motion to postpone the further consideration of the question until next December. If the House should vote down this motion, I shall endeavor to proceed in regular order with the consideration of the bill and the amendments.
Mr. JULIAN. In answer to the gentleman’s call for information, I send to the Clerk’s desk a dispatch which I have received.
The Clerk read as follows: SANFRANCISCO, June 29, 1866. Gsonci i W. ] cum. ChairmanComPubLands. Do not report California bill until you hear from menext mail. I will show its enormousinjustice. Refer to California delegation for character. Answer. JAMES C. SEABRISKI. Aflorneufor 800 settlers.
Mr. JULIAN. The gentleman who sends that dispatch states that he re.resent.s 800 settlers on the land in alifornia; and he refers me to the California delegation for his character. I have referred to one member of that delegation, who indorses him as a gentleman of intelligence and worth. I now send to the Clerk’s desk, to be read, an article on this question from a leading California news paper, the American Flag, which is represented to me by intelligent Californians as a ieespectable and influential newspaper of that State.
The Clerk read as follows: “A BILL ro onisr Lssn Tunas 0n the 19th of March last, SenatorCoxxsss introduced a bill into the U.S. Senate entitled “A bill to quiet land titles in the State of Criliforniii, which was read twice, referred to the Lands, ComPublicLand ordoredto be printed.
Mr. HIGBY. I wish to ask the gentleman a question. Does he propose to try the California deleation before this House?
Mr. JUL AN. I will answer the gentleman. I referred to some matter I had recently received affecting this question, and the gentleman’s colleague asks if I had such matter to' produce it. am now doing so in accordance with that request.
Mr. HIGBY. I ask the gentleman another question, whether, before my colleague made that re nest, he did not intimate to the House he won d move to postpone the further consideration of this bill.
Mr. JULIAN. I stated to several gentlemen upon the floor that I meant to submit a motion to postpone, and if the House voted it down, I then intended to proceed with the consideration of the question.
Mr. HIGBY. I ask another question, whether the ComPublic lands did not accept the bill as it came from the Senate, with the exception of the amendments they proposed. I ask whether it was not reported back to the House with those 2 amendments.
Mr. JULIAN. The committee reported several amendments to the bill; and the gentleman’s colleague has several amendments which I agreed he should have an opportunity to offer. I now ask the Clerk to read the letter I send up to him.
Mr. BIDWELL. I desire to ask whether that letter has a name attached to it.
Mr. JULIAN. It was written to me as a private letter, conveying to me no authority to give the name of the writer. I have shown the letter to several respectable Californians and they say the writer is a gentleman whose word Ought to be received. For this reason I have asked to have it read. I now ask that the letter be read.
The Speaker. But limited debate is allowed on the motion to postpone.
Mr. HIGBY. I object to the reading of the letter unless the name be given.
The Speaker. The postponement does not open the merits of the ill. Barclay’s Di gest, page 107, declares that postponement admits ofbut very limited debate.
Mr. McRUER. I desire to say in reference to the extract from the California aper which has been read, that it does notapp y to the bill under consideration. The bill to which it refers contains different provisions. If this bill has any fault it is in protectipg settlers in califoriiia,recognizing preeinption claims. MTJULIAN. I ask that the letter be read.
The Clerk read as follows: "Sm FRANCISCO, CALIFORNIA, June 2.1866. “DEAR Sir: We huycjust receivedSenatefile 296, a bill to quiet land titles in the state of California, irnetproordtueedei bySenatorCONNESSw. ith the amendment byMr. HENDRICKSon the 20thof April last. “The bill as originally reportedby Mr. Coxusss is olajeeiiounblemsit is only asked for by speculators uiid lund grubbers, a.large shareof whomare foreiizn capitalists, but the amendmentas reported by Mr. llnxoiucirs, if it should becomea law. would be a most wicked enactment, as it would drive off 1000sof honestsettlersfrom their homes who have settled on the public lands of the U.S.in this State on which the speculatorshad previously located their school land warrants before survey, which locations had been set 851do by the ComrGLOas illegal."
Mr. HIGBY. I object to the reading of this letter. It is not pertinent to the bill.
Mr. JULIAN. It applies to the very objections that are embodied in the bill before the House.
Mr. HIGEY. I am not mistaken; it is only a waste of time to read it.
The Speaker. The gentleman’s colleague has spoken beyond the limits of the rules of debate on the question of postponement, but if the gentleman insists upon the pomt the Choir Wlll rule upon it.
Mr. HIGBY. I withdraw it. The Clerk proceeded with the reading of the letter, as follows: Q “Encouraged by the decisionsof thoCommissioner with regard to the invalidity of such locations and State selections (made before survey) the settlers went on under the general preemption laws and 1000sof them have proved up t cir claims before the local land offices.a large share of whom have already paid the Government for their land and made valuable improvements, supposingCon gress would not interest themselves so much in be half of speculatorsas to passlaws which would oneble the land monopolists to rob them of their all. Othersagain have more recent l made settlements on the public lands, and who have more recently madeproof of settlement and cultivntion and whose claims are now pending before the Land dept utWusliington for adjudication. I know that this Wicked and monstrous proposition as contained in llsuniiiex’s amendment has many advocates in Washington. among them Government and State governmentofficials.all interested in behalf of the capitalists and speculators., The amendment of Hsigniziexs has been received With surprise and indignation, no one dreaming that any man in Congress would be base enough to rob1000sof honestsettlersof their rightsto a home on the Government land of the U.S.”
The SPEAKER. That is a reflection upon a member of Congress in the other branch, and it is so offensive that it ought not to be read in the House. Although the point of order is not made, yet as no Senator can interpose to protect himself against such imputations here, the Chair goes beyond his usual practice and rules that it is not proper to be read.
Mr. JULIAN. I did not intend to ask for anything to be read in violation of the rules. A portion of that letter is certainly pertinent. I had not noticed the character of the words last read.
The Speaker. The rule will be found in the Manual. Reflections are not allowable in one branch on members of the other branch of the legislative dept of the Government. A part of this letter relating to the bill might be allowed in the range of general debate, although it would then go beyond the legitimate rule of debate on a motion to postpone.
Mr. BIDWELL. Iregret exceedingly, as one of the Representatives of the State of California, that my privileges and my rights should be attempted to be subverted here by anonymous communications and by newspaper articles which contain neither facts nor reason, and by statements from the chairman of the ComPubLands calculated to mislead this House. As a delegation we havebee. but off until almost the close of the session, when we are brought to the consideration of the merits of the most important bills ever proposed in this body for the benefit of the Pacific coast. And now I think it is doing us the most rank injustice to consume almost the entire morning hour reading: slanderous communications, false in every utterance, and thus waste the hour at last given to our State for thisimportant measure. For what purpose are these statements made? For the avowed purpose of defeatin this bill a bill which the committee passe npon unanimously.
Mr. JULIAN. I do not yield the floor for that style of argument. I wish to say in reply that the gentleman is totally mistaken in asserting that my design or purpose is to defeat this bill. I have no such purpose whatever in view. As I have intimated before it is a qgestion of indifference to me whether the House postpones this bill until December, or determines to pass upon it now. If the House has the leisure and inclination to consider it at present, I have no objection. I have no purpose of hostility to the measure, but I thong t it due to myself and to this House, having reported that bill, and having since received information from respectable sources, so conceded by my friendfrom California, to state as I have done the facts that have come to my knowledge, leaving it for the House to determine the course it. would pursue. Let me say another thing. The Gentfrom California has sedulously put forward the idea all through this debate that this is a local measure and one entirely within the control of the delegation of that State. Mr. Speaker, this bill grows out of certain facts which I desire to state. One of these is that 500,000 acres of land belonging to California under the law of 1841 have been surveyed by California under a system of survey and sale in violation of the laws of the U.S. The same illegal conduct has prevailed in regard to her school lands and swamp lands.
Mr. McRUER. I rise to a.question of order. This bill is not under discussmn.
The Speaker. The Chair sustains the point of order. According to the Digest, a motion to postpone admits of “but very lim ited debate.” f that means anything, it means that the merits cannot be discussed on that motion. A motion to refer opens the whole question; but on a motion to postpone the question is simply whether it should be post' poued for future consideration.
Mr. JULIAN. I was misled by following the example of my friendfrom California, [Mr. MCRUER] who debated the merits of the bill with the leave of the Speaker, and would not, as I supposed, raise the point upon me. I was only going to say that this bill rows out of the violated faith of the State of alifornia with the national Government, and therefore it concerns every man in the nation. Every actual settler and homestead claimant has been defrauded exactly to the extent that the State of California has granted her school warrauts on land that on ht to have been 1st surveyed by the Genera Government. The General Government, as neither of the gentlemen from California will deny, has been wronged by the illegal action of California.
Mr. McltUER. insist on the point of order.
The Speaker. The Chair will state to the Gentfrom Indiana [Mr. JULIAN] when he speaks of the Gentfrom California speaking by leave of the Chair, that it was because the Gentfrom Indiana. did not make the point of order. When a point of order is made, the Chair rules upon it.
Mr. JULIAN. Without having any wish or desire in the matter of my own, I submit the question of postponement to the judgment of tc house, and I desire a vote upon it without consuming more time. I move the previous question.
Skip Skip The question was taken on the motion to postpone the further consideration of the bill unti the 1st Monday in December next; and there were ayes 61, noes 68. So the House refused to postpone the bill.
Mr. JULIAN. I agreed to a low the Gentfrom California to present his amendments, and I now yield to him forthat purpose.
Mr. BIDWELL. I offerthefollowingamendments to the Senate bill. In line 15, section one, after the word “land, ” I move to insert the words “or to any land held or claimed under any valid Mexican or Spanish grant;" so that the proviso will read: traPrryovided, Thatno selectionmadebysaidStatecon to enisting laws shall beconfirmedby this act for lands to which any adverse pree‘mition, homesteud, or other right has, at. the date of the passage of this not.been acquired by any settler under the laws of the U.S., or to any landswhich have beenreservedfor naval, military, or Indian purposes by the U.S. 0rto any mineral land, or to any1land held or claimed under any valid Mexican or Spanish grant or to any land which, at the time of the passage of this act. was iucluded within the lciomuintstyof any city. town, or village or within the of SanFrancisco.
Mr. BIDWELL. I move to amend section s“even by striking out in line 7 the words as centermine us proprietors” and inserting in lieu thereof the words “joint entries being admissible by contermiiious proprietors to such an extent as will enable them to adjust their respective boundaries.” he amendment was agreed to.
Mr. BIDWELL. After the words “Land Oiliee” in line 14, section 7, I move to insert the words: Provided, That the right to purchaseherein given shall not extend t9 lands containing minesof gold, silver, copper, or cinnabar.
Mr. BIDWELL. I move to add to section 7 the following proviso: Provided. That the provisions of this sectionshall. not be applicable to the city and county of SanFrancisco.
Mr. BIDWELL. I move to amend section 8 by striking out the word “made, ” in the 5th line, and inserting in lieu thereof the words “requested within ten months from the passage of this acts" also by striking out the word “ made, ” in line ten, and inserting in lieu the acof “requested 5” so that the section will rea: SEC. 8. Abife: That in all cases wherenelaim to land by Virtue of a right o rtitle derivedfrom the Spanish or Moxwun nut ioriticshas beenfinall confirmed, and a survey and plat thereof shall not love been requested Within ten months from the passageof this act, as provided by sections 6 and 7 of the act ot'July 1, 1864, "to expedite the settlementof titles to lands in the State oi California " and in all cases where a like claim shall hereafterbe finally confirmed and a survey and plat thereof shall not be requested, the
Mr. BIDWELL. In line 11 of the same section, I move to strike out the words “six months after final confirmation, ” and to insert in lieu thereof the words “ten months after the passage of this act, or any final confirmation hereafter made.” I move also to insert in line 15, after the word “the, ” the words “expiration of ten months from the;” and I move further to amend by inserting after the word “ confirmation, ” in line 16, the words “ hereafter madc;” so that the latter portion of the section wdl read as follows: And in all caseswhere a.like claim shall hereafter be finally confirmed and a survey and plot thereof shall not be requested, as provided by said sections within ten months after the passageof this act or anyfinal confirmation hereaftermade, it shall bethe duty of the surveyorgeneraiof the U.S.for California, as soon as practicable after the EXDH‘SI‘tion of ten months from the passageof this act, or such final confirmation hereater made, to causethe lines of the public surve s to be extended over such land, and he shull set 0, in full satisfaction of such grant and accqrdm to the lines of the public surveys, the quantity 0 land confirmedin uch final deeree, and asnearly as can bedonein accordanceWith such decree; and all the land not included in such rant asso setpff shall be subjectto the general land aweof the U.S.
Mr. BIDWELL. Those are all the amendments I had to offer. The question recurred on the amendments reporte by the ComPubLands. Mr. JULIAN obtained the floor.
Mr. ASHLEY, of Nevada. Will the Gentfrom Indiana [Mr. JULIAN] yield to me to od'er an amendment?
Mr. ASHLEY, of Nevada. Mr. Speaker, I have lived a great many years in the State of California, and perhaps have had more to do with these matters there than any man upon this floor; and I have an amendment to olfer which my experience assures me is right and just. My amendment contains a provision which will secure the rights of all who have settled upon the land of the U.S. under the homestead or preemption laws of the U.S. But under our treaty stipulations with Mexico we are bound to respect the grants of land which were made by the Spanish or Mexican authorities. There are only some ten or 12 grants the records of which are in the surveyor generafs office for California. Now this amendment cannot oust any settlers on those lands, because they are exressly provided for. ow, say that if there are 8 or 10 of these grants there, it is incumbent on this congress to keep inviolate the national faith and protect the honor of the American name; we are bound by treatyobligation to do so. And as my amendment is carefully guarded in all respects, I think it will up cal to the justice of this House, and will not, believe, imperil this bill if adopted. I send to the Clerk‘s desk to be read the amendment I propose.
The Clerk read the amendment, as follows: Add to section7th e following: And providedfurther, That’s vhcnever anyjustand valid claim to land in the State of California. by virtue of or through any grant or title derived from the Mexican or Spanish Government.the genuine expediente or evidence relative to which grant or title is containedin the Spanish archivesin the cus tody of the U.S.surveyorgeneralfor California, shall not have been presentedto, examined and decided upon by the commissioncreatedby the act of Congress, approvedMarch 3, 1851.the grantee or his assigns ma.at any time within 6 months after this act shall avebecomealaw. present a petition to the district court of the district in which the land claimed is situated, praying said court to decide upon the validity of said claim; and thereupon the same proceedings shall be had in said district court, in relation to the hearin and decision of said claim. in all respects as then said claim had been presented to anddecidedbyt 0 commissioncreated y aid not adversely to said claim, except that no transcript of the report of said commission shall be presented to said district court, and the same appeal may be brought from the decision therein and the same proceedings hadfor the hearing and decision ethveerre, of as is provided by said set: Provided, how That nothing in this not nor any proceedings aunnydepr eirts, osnhall impair or affectthe right or title of or persons, their representatives or as signs. who have acquired any Just right or title in soafid lands under the preemption or homestead laws the U.S.
Mr. BIDWELL. I appeal totbegentlemau from Nevada
Mr. ASHLEY] to withdraw his ainendmenten no tpress it at this time. The object of this bill is to quiet land titles, and nothing else. And we do not desire to be called upon to pass on such a measure as he has proposed, as it must lead to a great deal of discussion. And I think his proposition should go before the ComJudiciary, and be brought up as a separate measure, and not be allowed to encumber this bill.
Mr. McRUER. I rise to a point of order; that the proposition of the Gentfrom Nevada [Mr. Asnuar] is not germane to this bill.
The Speaker. The title of this bill is “ An act to quiet land titles in California.” Anything upon the subject of quieting land titles in California is certainly in order as an amendment. This amendment of the Gentfrom Nevada [Mr. AsHLEY] is certainly in order, whether it commends itself to the House for its adoption or not.
Mr. ASHLEY, of Nevada. I have but lit tle to say upon my amendment. It confirms nothing in t ie way of land titles; it says simply that they may be taken before the courts, so that the final decision of the U.S. Supreme Court can be had upon it. And if their title is held to be good, it is good against the U.S., saving the rights of settlers upon the land. And I hold that this isaproper amendment.
Mr. GARFIELD. Idesireto inquirewhether this amendment, if it be adopted, will decide. one way or the other, cases of contested land titles now ending in court.
Mr. HIGBY. It will revive cases growing out of the old Mexican grants which are now outlawed. It will carry those cases again into court.
Mr. GARFIELD. What I desire to ascertain is, whether this amendment will affect titles now in litigation.
Mr. ASHLEY, of nevada. It will not affect cases now pending; but it will reopen for adj udication 8 or 10 cases, the records of which exist in the old archives.
Mr. WILSON, of Iowa. Will this amendment reopen the Miranda case?
Mr. ASHLEY, of Nevada. It will; but I say to the gentleman [Mr. WILSON, of Iowa.] I had occasion, as a member of the ComJudiciary, to examine that case; and I think it ought not to be reopened.
Mr. ASHLEY, of Nevada. As to that case I will say that the lands on that raneho have been settled as public lands, and the rights of the parties, so in as they have been acquired under the U.S., are protected by this proviso .
Mr. WILSON, of Iowa. From my exami nation of that case, I am satisfied that this congress should take no action which will reopen that controversy. I do not know anythin about the merits of this bill; but I am satisfie that that case should never be reopened.
Mr. ASHLEY, of Nevada. In answer to thatI will simply say that, so far as regards any land casein California which is protected under the treaty of the U.S., the proper tribunal to adjudicate it is the SCOTUS, and not any committee of this House. It was not intended when we made that treaty with Mexico that those rights should be determined by the action of a committee here. This amendment simply provides that the SCOTUS shall determine the case when it is carried there; and this our national honor requires.
Mr. WILSON, of Iowa. I will ask whether the Miranda case has not already been deter mined b the court.
Mr. SHLEY, of Nevada. It never has been. It was withdrawn before a decision was made.
Mr. HIGBY. I will say that the very case to which the gentleman refers has been before the court.
Mr. ASHLEY, of Nevada. Ithas never been determined.
Mr. HIGBY. The Miranda and the Ortega titles were both in court. The Miranda case was withdrawn, and the Ortega case struggled on. The cases involved the same question precisely. I will state the substance of the matter: Congress prescribed a certain time within which all those claimants under the Mexican grants should appear before commissioners appointed for the purpose of settling those questions. There was a sufficient time allowed or all claimants to appear and commence litigation. The object of the amendment now proposed by the Gentfrom Nevada is simply to give another 0 portunity to parties who have already let slip e opportunity which was afforded them to appear and present their claims. The amendment proposes to reopen to litigation questions which are now closed. That is the object of it. Let me say further, Mr. Speaker, that there is now in the hands of the ComPubLands a bill containing the very same proposition; and it seems as if the object were to attach this as a rider to this bill in order that it may go through with it, or that this bill, affecting great interests of the State of California, sha I fail.
Mr. ASHLEY, of Nevada. This proposition has been before the ComPubLands, and they have agreed to it as being proper; but as it is now late in the session, 1 and there will probably be no opportunity to report or act on that hill, we deem it best to propose it now. One word in regard to the time allowed for the presentation of these claims. The period allowed was from 1851 to 1853. And I say, sir, that 2 years constitute a very small period of time to allow in such cases to peop e who do not understand the English language and who never saw the law in regard to the matter. Now, sir, I‘think that is a proper amendment. It decides nothing, but leaves the matter for the courts. It saves the rights of these parties.
Mr. JUL AN. I only wish to say that the same proposition has been before the ComPubLands. It was considered in a separate measure, and the committee were of the opinion that it is a proper provision. It was not designed for the benefit of the Miranda claim, but to save the rights of all parties who have been deprived of all opportunity for redress through no fault or avoidable neglect on their part. We thought it proper to give to such parties the power to assert their rights. For this reason the committee had agreed to it, and believing it to be proper, I have allowed my friendfrom Neva a [Mr. ASHLEY] to present, it asan amendment to this bill, as there will be no other opportunity of reaching it during this session.
Mr. BIDWELL. This reposition will open up all the land claims of California, and cases now settled will have to be again gone over; cases where the land has been surveyed and sold and patented under the laws of the U.S. t willenable them to bring these titles again into court. It is all wrong.
Mr. JULIAN. It does not cover all of the cases to which the gentleman refers.
Mr. BID WELL. Bringitup in another bill.
Mr. JULIAN. The gentleman is hostile to it in any form. I demand the previous question.
Mr. ASHLEY, of Nevada, modified his amendment by adding the following: Provided further, That the provisions of this bill shall not apply to any case now pending in any of the State courtsor U.S. courts. The amendment was rejected.
Mr. PRICE. I move to add the following: Prom'dedfurther, That nothing in this bill shall be reiognhststroufedboansdi/nEdaepnryeemmapntnioenr ctolaiimntse.rfere with the
Mr. BIDWELL. The bill is guarded in every section, but I do not object to the amendment.
Skip Skip The amendment was agreed to. The amendments of the committee were read, as follows: 1st amendment: Add to sectioneight: Provuled, however.That the act of Congressen titled "An act to grant the right of preemption to certain purchaserson the 505001ranch, in California." approyed March 3, 1863 shall not be so construed as to interfereWith the claimsof bonafideset tlers on the said lands who had settled therepn and were claimin preemptious, ip accordanceWith the laws of the U.S.prior to the time of the passageof the said act. 2nd amendment: Add to sectionnine: Provided, however, That from decreesof the district courts, as aforesaid, madeafter July 1, 1865a, nd prior to the 8055MB of this act. an appeal ina be taken to the U.S.circuit court for the State of California Within one your from the approvalpf this act: Provided, That in any such case in which an appeal may be taken under the provisionsof this section.the said circuit court shall not be precluded by the terms of the decreeof confirmationI or byrea isnogn of any clerical mistake therein, fromdetermin the bou ndanesof the land claimed. in accordance Wgitlillihfioriginal grantand thereal Justice andment: 0 0 case. Here the morning hour expired, and the bill went over until the next morning hour. ENROLLL'D BILLS.
Mr. COBB, from the ComEnrollBill, reported that they had eXamined and found truly enrolled bills of the followmg titles; when the Speaker signed the same: An act (S.No.87) making a grant of lands, in alternate sections, to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in Arkansas; An act (S.No.58 granting lands to the State of Oregon to in in the construction of a military road from Corvallis to the Aquine ba; An act (S.No.99) granting lands to tie State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State; An act (S.No.156) making an additional grant of lands to the State of Minnesota, in alternate sections, to aid in the construction of a railroad in said State; An act (S.No.168) to provide for the disposal of certain lands therein named; and An act (S.No.221) relating to lands granted to the State of Minnesota to aid in constructing railroads.
Skip Skip MESSAGE FROM Tim SENATE. A message from the Senate, by Mr. WILLIAM J. McdoNALn, its Chief Clerk, informed the House that the Senate had passed a JtResolution (S.R.No. 117) for the relief of Charles M. Blake, in which he was directed to request the concurrence of the House. The messagefurther informed the House that the Senate had passed, without amendment, a bill of the House (H.R.No. 683) for the relief of J. Judson Barclay. RECONSTRUCTION.
The Speaker stated as the 1st business in order the consideration of the special order, being House bill No. 543, to restore to the States lately in insurrection their full political rights, upon which
Mr. BINGHAM was entitled to the floor' TARIFF BILL.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorispn in the chair,) and resumed the consideration of the special order, bein the bill pH. No. 718,) to provide increase revenue from imports, and for other purposes. The paragraph under consideration was as follows: On candle or cpnnel coal and on all bitumine us coal mined and impprted from any port or place 30 degrees ot'longitudecast ofWnsington, 8160 peurshtoenl;oofntwaellnbtiyt uemigihntobuusschoeallsm.eiignhetdyapnodunimdsptoorttheed from any place not morethan 30 degreesof long gitude east of Washington, 50 cents perton of 28 bushels or hty pounds to the bushel; on anthracite. an allot or coal not herein otherwiseprovidedfor. 1 5operton of2cight bush els, in hty pounds to the bushel; on coke and culm ot‘eoa 25%. advalorem. The pending question was on the motion of Mr. FTHOMASnonas to strike out from the paragraph Just read the words, where they 1st occur, “ 30 degrees of longitude east from Woshington, ” and also the words, “You all bitu mine us coal mined and imported from an place not more than 30 degrees of longitu e east of Washington, 50 cents er ten of 28 bushels, 80 poun s to the bushel, ” so that the paragraph will read as follows: On candle or cannel coal and on all bitumine us coal mined and importedfromany port orplacc, $150 perton of 2eikht bushels, 80 poundsto the nshel; on anthracite, and all other cool not herein otherwiseprovided for. $15oper ton of 28 bushels. 80 pounds to the bushel; on onto and culm of coal. 25%. ad oalorem.
Mr. FTHOMAS. I simply remind the gentleman that that is hardly parliamentary language.
Mr. MORRILL. I will withdraw any part of it if it is oTTensive to the gentleman, as I certainl intended no offense.
Mr. FTHOMAS. I would say to the gentleman in the best possible spirit, for his deportment is always highly courteous, that at the very time of speakin of that selfishness in our nature I conceded that I was myself subject to the same impulses and the same emotions, and I imputed to him only the feelings that were common to us all.
Mr. STEVENS. I move to amend so as to make the duty $1 26 perton. I do not know that I desire to say anything, except that I do not see that the ComWays&Means have proposed anything new, except that we shall go into the business of taxing degrees of longitude. [Laughter] It is a new idea, and I do not know that I fullyunderstand it. however, I hope that we will make the duty at least $1 25 perton.
Mr. STEVENS. I will withdraw the amendment if any gentleman will renew it, as I desire a vote on it.
Mr. MARSTON. I will renew the amendment for the purpose of concluding what I have to say. [was saying, when my 5 minutes expired, that we pay enormous sums for the transportation of raw materials to supply our mannfactories. And it is not reasonable that we should be compelled to transport fuel from the Alleghanics to the ocean and thence by Water to NewEngland. Sir, if there is an product that ought to be afforded cheap, an that every human being in the country is interested in the greatest'dcgree in having afforded as cheaply as it possibly can be, it is that prod uct which makes light and heat and power. Not. only is it to the interest of the people of NewEngland tohave cheapfucl, butitis equally the' interest of everybody in the country who consumes our manufactures. Now, sir, I maintain that it is no sort of benefit to Nova Scotia, when, by the outlay of NewEngland and NewYork capital, coal is mined there and brought away to be consumed here on our own territory. Nor is it dny considerable advantageto Maryland, when, I) the expenditure of NewEngland and NewYyork capital, coal is mined in Maryland and carried away for use at the North. The advantage is infinitesimal when compared with the disadvantage under which the country labors in consequence of the necessity of transportingv fuel such immense distances. Why, air, if Virginia (pleaded for so eloquentl by the Gentfrom Pennsylvania LIlldr. EL LEY] the other day) and Maryland would realize this greater amount an adequate profit from the immense natural advantages which they possess, let them use their own timber to build ships on their own shores. Let them burn their own coal in their own steamers, their own furnaces, their own manufactories, and then the will be able to consume the products of their agricult ural industry on their own soil. Thus they will be able to exohange the silence of the grave, whichnow broods over the greater portion of that country, for the hum of a busy and rhaiving industr.
The CHAIRMAN. Debate is exhausted on the ending amendment.
Mr. MARSTON. I withdraw the amendment to the amendment.
Mr. MILLER. Mr. Chairman, the State which I have the honor to represent in part is deeply interested in a tariff. er vast resources of coal and iron need adequate protection against foreign competition, and many other States of this Union are in like situation. I ram therefore in favor of imposing such a duty on coal and iron as will enable us to compete with foreign countries. I must disagree with the honorable gentleman'from Massachusetts
Mr. KELLEY. I move that when the House adjourns today it adjourn to meet on Thurs dayi the 6th of July.
Skip Skip Mr. ELIOT. I hope not. I demand the yeas&nays, and tellers on the yeas&nays. Tellers were ordered; and Messrs. Emo'r and AXGOXA were appointed. The House divided; and the tellers reportedayes 24, noes not counted. 80 the ycas&nays were ordered e question was taken; and it was decided in the affirmative yous 85, uays 47, ’not voting 50; So the motion to adjourn over was agreed to. During the roll call, 'Mr. MORRILL said: Believing that there will not be a quorum present tomorrow I vote in the affirmative.
Mr. SCHENCK said: As it would be a shame to vote against adjouruing over the 4th of July, I vote “a.” Mr. HAHE said: Wishing to follow the lead of the chairman of the ComWays&Means I vote “ay.” The result of the vote was announced as above recorded. CLOSE OF DEBATE.
Mr. MORRILL. Before moving to go into ComWhole on the state of the Union I move that all debate in ComWhole on the state of the Union upon the subject of coal shall close in 11 minutes after the committee shall resume the consideration of the subject. Gentfrom WestVirginia [Mr. LATHAM] and the Gentfrom Pennsylvania [Mr. CoFFROTH] an opportunity to be heard, and wish a minute or 2 myse f. The motion was agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itself into the ComWhole on the; state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. Scorrau) in the chair.) and resumed the consideration of the special order, being the bill (H.R.No. 718) to provide increased revenue from imports, and for other purposes.
Mr. STEVENS. I desire to withdraw my amendment which is pending, as I find that it complicates matters somewhat.
Mr. LATHAM. I move to amend the pending clause by striking out the following words be nnin on line 200 and
the CHAIRMAN. That amendment would not be in 'order pending the amendment of the Gentfrom Maryland, [Mr. FTHOMAS.]
Mr. MORRILL. I move proformd, as an amendment to the amendment, to fix the duty at one dollar. I desire to present to the ComWhole some statistics with reference to the importation of coal, although nearly the some I presented on a former occasion. The whole quantity imported free under the recipro city treaty during the fiscal year ending Jone 80, 1864, was 283, 483 tons, ot which 202, 809 tons went to NewEngland, while 80, 584 tons were carried to New 1 ork. The quantity imported and paying duty during the same period was 250, 23 1 tons, of which 212, 545 went to NewYork and 37, 609 tons to NewEngland. Thus it will be seen that the larger amount of the coal im orted from abroad and paying duty goes to NewYork, the competing oint. The Gentfrom Massachusetts [Mr. BOUTWELL] well said it would be'im possible to fix any duty short of 4 or 5 doliiirs perton that would compel the use of this Pennsylvania and Maryland bitumine us coal in NewEngland. I give these facts so that the House mayJudge for itself as to the merits of the question. I trust that the bill will be allowed to stand as reported, so far as coal is concerned, or at any rate that no material clian e will be made.
Mr. FTHOMASH MAS. I desire, with the permissiop of the committee, to make an expla nation of the position of the question. The CHAI MAN. All debate is closed by order of the House, and an explanation is in the nature of debate.
Mr. FTHOMAS. Well, I will rise to a point of order and in that way accomplish in purpose. I desire to inquire of the Chair w ieilier, if my amendment be adopted, the bill does not still stand 0 enMr'. be UTWELL. rise to a point of order.
Mr. FTHOMAS. Well, I will take my s‘eat rather than have any controversy.
Mr. MORRILL. I modify my amendment so as to make the duty 75 cents perton. The amendment of Mr. MORRILL was not agreed to. The question recurred on the hnendment of Mr. F. norms.
Mr. FTHOMAS. I desire to make an inquiry of the Chair. If the amendment which I have proposed be adopted, will not the par agraph still be open to amendment, so that the rate of duty may be changed 1’
The CHAIRMAN. If the amendment of the Gentfrom Maryland prevails the par agraph, as amended, will still be open to amendment.
Mr. FTHOMAS. That is all I want to know. The question recurred on the amendment of Mr. F. Ine xms. The committee divided; and there were ayes 55, noes 48.
Mr. MORRILL demanded tellers. Tellers were ordered; and Mr. MonaiLLand Mr. FTHOMASqpMAS were appointed. The committee again divided; and the tellers reported ayes 62, noes 52.
The CHAIRMAN voted in the affirmative. So
Mr. JOHNson. Before passing the next section I move to insert after section 5 the following: Onslatesofall kinds exceptroofingslate, 60%.ad calm em.
Mr. MORRILL. I hope the gentleman will withdraw his amendment until we have got through with the ending section.
Mr. JOHNson). I withdraw my amendment for the present.
Mr. STEVENS. I move to strike out the whole paragraph in. reference to coal and in lieu thereof to insert the following: On candle or cannel coal and on all bitumine us and other coal, 81 25 ei ton of 28 bushels, 80 poundsto the ushel.
Mr. PIKE. I. move to amend by making it “one dollar.”
Mr. STEVENS. Then Iwithdraw my amendment.
Mr. DAWES. I make the point that it is not in order for the gentleman to withdraw his amendment, there being now an amendment to the amendment.
The CHAIRMAN. The Chairnverrules t'he point of order, no action having been taken on the amendment.
Mr. COFFROTH. I move to amend by making it 2 dollars perton. The amendment to the amendment was disagreed to.
Mr. PIKE. one dollar. The committee divided; and there wereayes 41, noes 42 no quorum voting.
The CHAIRLIAN ordered tellers; and appointed Mr. PIKE and Mr. KELLEY. The committee again divided; and the tellers reported ayes 17, noes 51. So the amendment to the amendment was disagreed to.
Mr. JOHNson. I move to add the follovwing: On slatesof all kinds exceptroofingslate, 60%. a on, and on State pencils, 80%.ad calm em'. Mr. Chairman I offer this amendment
The CHAIRM'AN. All debate is closed on this section, by order of the House. The committee divided; and there were ayes thirt niue, noes not counted.
Mr. JOHNSON demanded tellers; and Mr. Hooran of Massachusetts, and Mr. Jounsoir, were appointed., The committee again divided; and the tellers reported ayes '55, noes 38. So
Mr. RICE, of Maine. I move to add the following: On roofingslate.throc dollars persquare.
Mr. MORItILL. Let it go at 40 creent. advalorem. It is now 35, an I think the addition of 5% is enough.
Mr. RICE, of Maine. I do not accept the modification. The amendment was disagreed to.
Mr. RICE, of Maine. I now move the amendment suggested by the Gentfrom Vermont, of 40%. a valorem.
The Clerk read as follows: SEC.6. Ami Abife: That. in lieu of the duties heretoforeimposedby law on the importation of the articles hereinafter mentioned, thereshall be levied. collected, and paid the follqwmg duties and rates of duty, that is to say: on Winesof all kinds valued at not over 25centsper gallon, cost of cask included, 40 ccnw per ga lon: valued at over 25 cents and not over onedollar pergallon. 75centsper gallon; valuedntover one dollar pergallon. one dollar per gallon and tiveuty 5%.ad valorcm: Provided, That all wines in bottles shall besub'cct. in addition to the foregoingrates, to a dutyat the rate of onedollar for each dozen bottles containing not more than one quart for cach bottle: Andprovuled further, That upon bottled wines no allowance shall be made for breakage, and the invoice quantity shall not be reduced.but shall be increasedif founddctle ient: providedfurther. That no champagneor sparkling winesin bottles shall pay a lessduty than 6 dollars perdozen bottles. each bottle containing not more than onequart and more than one pint; or 6 dollars pertwo dozenbottles.eachcontaining not more than one pint: And provided/armor, That Winesmay be importedin bottles containing not exceedingone uart each.when the packs e shall contain not less t. an one doren bottles: on any brandics or other spirituous liquors may be imported in casksof any capacity. containing not less than 30 callous: and any wines, brandics or other spirituous li i io rs importedon and after the 1stday ofOctober, l), in any lessquantitiesthan herein prov'idedfor, shall be forfeitedto the U.S.
Mr. ALLISON. Imove to amend by inserting at the end of the 3rd proviso the followin: gr 6 dollars perfour dozenbottles.eachcontaining not morethan 1/2 pint. in which classthe additional duty on the bottles shall be 25 centsper dozen.
Mr. MORRILL. Thatis very proper, especially for bachelors. i
Mr. PRICE. I move to strike out.in line ten the words “25” and insert “75;” so that it will read. “valued at over one dollar pergallon, one dollar per gal long and 75%. acl valoreni. I make this motion because Wines costing ovoi a dollars gallon are only required to pay; I move to amend by making it duty of a certain amount and 20 vc%. ad oalorem. Now, I believe that some of these wines cost severaldollars a gallon. If so you have made the do on the costly wines much less in proportion t on it is on the cheap wines. The object of my amendment is to make the men who drink those costly wines pay a good revenue to the government. If there is anything that ought to pay a revenuesto the Government it is the lux uries of life; and without knowing anything about it experimentally, I take it to be a sell evident fact that the high priced wines are considered a luxury in this country. If so, they on ht to pay a high rate of duty.
Mr. fiORltILL. I clieve the rates now in the bill are as high as they have ever been be fore. The duty proposed is' one dollar, pergallon or canal to 100%. on wines value at over onc'dollar pergallon, and in addition to that 25%. ad oa lorem. I trust the amendment will not revail. I think either for revenue or protection the present duty'is ample. The question being taken on the amendment ofiemd y Mr. Paws, no quorum voted. Tellers were ordered; and the Chairman appointed Messrs. Pines and SMITH. the committee divided; and the tellers reported ayes 22, noes not counted. So the amendment was not agreed to.
Mr. HOOPER, of Massachusetts. I move to strike out in line 6 the words “ 20 fi“ve” and insert “ 50, ” so that it will read, on wines of all kinds valued at not over 50 cents pergallon, cost of cask included, 40 cents pergallon.” That is the same as the present tariff. As to the price, it will be perceived that upon wine at 25 cents a duty ofTort cents pergallon is over 150%. We thus charge for the cheapest and poorest wine which the poorer people consume a much higher rate than we charge for the more costly Wines.
Mr. PRICE. I undertake to say, without the fear of successful contradiction, that the wines that are brought into this country are undervalued 19 times out of 20. just to allow the wine drinkers to get their wmes in at a certain price;I mean as a general thing. There are exceptions to all general rules. I do not of course mean anybody here. The object is to allow these wines to come in without paying anything. The very thing gentlemen Ought to be wiling to put a tariff on for revenue to the Government they are exceedingly anxious to have exempted. While the necessaries of life, a large majority of them, are taxed almost beyond endurance, these things that men who drink ought to be willing to pay for and I presume a large majority are wiling to pay for gentlemen are now anxious to evade in some way. so that we shall receive no tarilf from them whatever. I he 0 that the amendment will be voted down. llow them to brin in wine at filly cents a gallon and there will not any of it cost by the invoice price more than that, I resume. The amendment. was not agreed to.
Mr. LAWRENCE, of Ohio. I move to strike out in line 9 “75” and insert “$1 50 " so that it will read, “valued at over 25 cents and not. over one dollar pergallon, $1 50 pergallon.” Iam perfectl aware that in the frame of mind in which the oose is now found it is extremely difficult to carry any amendment against the weivhtof the ComWays&Means. But fhopa the committee will look into this section and see just what this provision is. As the bill stands, itprovides that on wines of all kinds valued at over 25 cents and not orer one dollar pergallon the tarilf shall be 75 cents pergallon. Now, every man in this committee understands very well that under this provision of the bill there will be no wines imported at 30, 40, 50, 60, or 75 cents a allon, because betwecn 25cents on one dollar a gallon the duty is the same. And the result will be that there will be no wines imported under this clause of the bill, except such wines as are worth a dollar a gallon. They will all be brought. up to that standard for importation, and reduced down afterward, so that the importer shall pay the least possible duty upon the wines which he may import. Now, one of the results of this provision, as will be seen by anyone who will examine it, willbe that wines worth one dollar a gallon will pay a duty of only 75 cents pergallon. Now, common whisky pays a tax of 2 dollarstper gal lon, and I ho.e the committee will a opt the amendment have olfered, so that the tariff upon foreign wines imported into this country all be in some sense equal to the tax which is levied upon common whisky.
Mr. ALEISON. I know ver well the dif ficulty that now exists in re ar to importin wines of different values. '1 he ComWays&Means desire to have, as nearly as possible, a uniform duty upon the importation of foreign wines, as they now have a uniform duty upon brandy, charging upon the finest article of brandy the same duty that is charged upon the cheaper article. Sir, the very reverse of the proposition of the Gentfrom Ohio [Mr. Lawrence] is true. Under the existing law we.have but 3 valuations, one under filly cents er gallon, another over 50 and under one ollarger gallon and the other over one dollar per.1Ion. The result is that sevch 8ths, or perlaps 9 10thsof all the wines imported into this country today under the extstin tariff come in at 50 cents pergallon, invoice abroad at that price. The ComWays&Means desire, so far as they can, to correct the existing evil of under invoicing these wines; therefore we made the classification in this bill so as to charge upon wines valued over 25 cents perga long a duty of 75 cents pergallon instead of 50 cents as now. And 7 t Jive cents pergallon is certainly as high a duty as this. class of importations will bear; it is in nearly every instance from 125 to 150%. oQthe cest value. There are very few wines imported into this country at an invoice price higher than one dollar pergallon. And under teclassification proposed in this bill all the wines that come into t 2nd class, and pay a duty of 75 cents pergallon instead of 50 cents pergallon as now.
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate upon the paragraphs relating to wine, ale, and porter. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. SCOFIELD re, ported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, bein bill of the house No. 718, to provide increase revenue from imports, and for other purposes, and had come to no resolution thereon. ENROLLED BILLS.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that the had examined and found truly enrolled bi s of the following titles; when the Speaker signed the ame: An not (H.R.No. 613) to continue in force and to amend an act to establish a Bureau for the Relief of I ‘reedmen and Refugees, and for other purposes; and An not (H.R.No. 683) for the relief of J. Judson Barclay. nonnmo AN EVENING snsswn.
Mr. LeBlOND. I would ask the Gentfrom Vermont [Mr. MoRnrLL] if e expects that the House will hold an evening session today.
Mr. MORRIL‘L. I hope that the House will be willin to have an evening session.
Mr. I. BLOND. Ifitis contemplated that we shall have an evening session think we had better take a recess now as it is after 4 o’plock is country will come in under the “
Mr. MORE ILL. Let us hold on till half past 4 0' clock.
Mr. LeBlOND. If we are not to have an evenin session we can sit awhile longer now.
Mr. IORRILL. I move, in order to determine the question, that the House take a recess today from half past 4 to half past 7 o’clock; and that the evening session be devoted exclusively to the consideration of the tariff bill.
Mr. HARDING, of Illinois. I move to lay that motion on the table.
The Speaker. The motion of the Gentfrom Illinois [Mr. HARDING] is not in order.
Skip Skip The question was taken upon the motion of Mr. Moaanm; and upon a ivision there were aycs49. noes 45. Before the result of the vote was announced, Mr. ORTH called for tellers. Tellers were ordered; and Messrs. Guru and Gsurrnw were appointed. The House again divided; and the tellers reported ayes 50, noes 52. So the motion of Mr. agreed to. mnrrr BILL AGAIN.
Mr. MORRILL. I move that when the House shall again resolve itself into the ComWhole on the state of the Union, all debate on the paragraph relating to wine, ale, and porter terminate in one minute and ahalf. The motion was agreed to.
Mr. MOItRlLL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of th Union on the special order. The motion‘was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scot ‘IELD in the chair,) and resumed the con? sideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes. The pendin question was upon the amendment of Mr. awanren, of Ohio.
Mr. MORRILL. I desire merel to say that the lowest rate provided in the bill was in Monalu. was not tended to inclu e and does inclndt; only a small class of imported wines, used mainly for medicinal purposes. I refer to the low priced claret wines which hardly cost more abroad than the 1st quality of cider does here. They are often prescribed for persons in a low state of health by our best physicians. I trust that the bill will in this particular he allowed to remain as reported.
Mr. LAWRENCE, of Ohio. I hope the committee will understand that the remarks of the gentleman do not relate to my amendment at all. The amendment of Mr. LAWRENCE, of Ohio, was not agreed to.‘
The Clerk read as follows: On cigars, cigarettes, and cheroots of all kinds. 3 dollars perpound, and in addition thereto. titty er cont. advalorem: and no tare for the box in which any cigars.cherootsor cigarettes are packed shall be allowed in ascertaining the weight: I’ ro nidczl, That paper cigars and cigarettes. including wrappers shall be subjectto the somediitle s as are herein imposed unpn cigars: And promdrd jnrlker, That on and after the lst day of August. 1866.no cigars shall be importedunlessthe same are packed in boxesof not lessthan 500.cigars in each box; and no entry of any imported cigars shall he allowed of less quantity than 3,000 in a single package: and all ciuurson importation shall be placed in public store or bondedwarehouse and shall not be removed therefromuntil the sumoshall have beeninspectedand a slam afiixerl toeach box indication such inspection. with the dam thereof. And the SecyTreasury is hereby author ised to provide thorequisite stamps, and make all upgossaryregulations for carrying the a ovo uro visinnoflaw'iuto e
Mr. O’NEILL. I move to amend by striking out “ 3, " in the 1st line of the paragraph just read, andinscrtingin lieu thereof the word “two;” so that the clause will read. " on cigars, cigarettes, and cheroots of all kinds, 2 dollars perpound." By the existing tariff cigars are graded according to their cost per pound. It is now proposed by the ComWays&Means that they shall pay a uniform rate irrespective of their cost. see no objection to this except that I think 2 dollars would be nearer an average rate of duty than that named in the bill.
Mr. SCHENCK. Mr. Chairman, I trust that the nuicnrlment'will not prevail. If there be anything agreed upon between the rival rodncers and manufacturers of tobacco in ‘tferent parts of our country, it is that all of them require protection against importations from abroad. Importation has been so easy, because of the light duty heretofore imposed, that it has been possible to put in competition with the best cigars made in this country, Ha vana. cigars, which have actually bepn sold in our market at. lower rates than cigars even of inferior quality made here. The simple question now submitted to us is whether we shall make the duty heavy enough to protect all the tobacco interests in every part of the country,0r whether we shall so legislate that the man ufizeture of the better classes of cigars shall be licble to be broken down as an interest of the country by this competition from abroad. The very objection which the gentleman makes, that the duty is not one graduated in reference to the nality or value of the cignr, is met by the proposition embraced in the bill. The bill proposes to impoae a specific duty of 3 dollars perpound, “nudfln‘ addition thereto, 50%. at! ralnrcm." So that there is a mixed duty, partly specific and partly ad oalorem, thus accomplishing the very object which the endo man comlains is notattaincil by the hi I.
Mr. 0’ EILIL. In order to say u feww'ords more on this sulijcct, I ine vc, proformt'e, to amend my amendment by striking out “ two” and inserting “two and a.half.” If members will look at page 27 of the existing turiff, they will find how the ClllSSfIlCSfiOl]has been made. I have endeavored, in my amendment, to fix an average rate, reducing the rate proposed by tlm ComWays&Means from 3 dollars to 2 dollars. In the existing law, there is but one grade of cigars which pays 3 dollars perpound and in addition an adva'lorem of 60%. Now, my idea is that the argument of the Gentfrom Ohio does not present the case as it should. WOHHN‘E taken off the discrimination in favor of the lower grades of imported cigars which were brought into the country in such quantities as to depress the American manufacturer. I hope the amendment will revail.
Mr. MORRILL. rise to oppose the amendment ro ormd. I believe with the Gentfrom Ohio, if there is anything list we are agreed upon, it is to levy a heavy tax on im orted cigarS.R.O’NEILL, by unanimous consent, with drew his amendment.
The Clerk read as follows: SEC. 7. Abife:, That, in lieu of the duties heretoforeimposed bylaw on the immr lMbainllnbeoflethvieed articles liercinnflor incationed.tiero collected and psnL on the goods. wares and merchandise enumerated and provided for in this suction2imported from foreign countries, the following dutiesand rutescf duty, that‘ieto soy:. on all brown earthenwareand commonstone ware, Bus rotor ts and blacking Jars or bottles, 25 p‘ercont. m1valurcm.
Mr. SPALDING. I move vto strike out “ 20 5” and insert “35.” The manufacture of earthenware is springing up 8" over the country, and it is necessary to foster it. I think it should be 50%., but I Will be coriteut it'gentlemeu will say 35. It has been 25 for a long time. The amendment. was agreed to.
Mr. WIORRILL. I more to strike out “ blanking jars or bottles" and to put them in a separate paragraph at 25%. dd valnrsm. I' do not think the gentfrom Ohio will object to that.
Skip Skip The amendment was agreed to. The ‘Clerk read as follows: (Ki China, porcelain and Purina ware, gilded, ornamental, or ccoratedin any manner, 60%. “Idbrnl onion in, onall othere:irth en, stone or crockeryware, white, glazed. edged. printed, sintod. dipped, or cream colored.composedof cart y or mineral substances and not herein otherwiseprovided for, 50%.ad valorrm. No amendment bein offered,
The Clerk read as to lows: On all plain and mold and pressglass not cut. an graved, or painted, 50%.ad on orem.
Mr. MYERS. I move to strike that out and in lieu thereof to insert the following: On all glassvials, jars, bottles dem"ohns.cuboys, and other vesselsexceptthosemaileo flintglnssmnl otherwiseprovidedfor, a duty of 4 centsper pound filled or unfilled. Mr. Chairman, l donot think there will be any serious objection to this amendment. By turning to the next page of the bill it will be found that on similar articles the duty is made specific, and on some is fixed at 4 cents perund. I confess that I have a prejudice in gvor of specific duties and against advalorem duties. Ihope the umendmentwill be agreed to.
Mr. MOItRILL. I do not know whether the objection will be serious or not, but there is objection to the amendment. On blown and pressed glass it is proposed to impose a duty of tour cents perpound, amounting to at least 100%. We have increased the duty on account of the exhibition made before the ComWays&Means in this pending item from thirt five to 50%. advalorem, and I thin the parties should be content with that. I do not. object to anythiu reasonable, but it does seem to me that from t irty flveto 50 is all the inincrcase we should grunt. I trust the mendment will not be adopted.
Mr. MORRILL. I rise simply to say proform that I oppose the gentleman’s amendment. The question being taken on the amendment offered by Mr. Mrsns, no quorum voted.
Mr. MORKILL. I am satisfied there is not a quorum present. I therefore move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELD reports that the ComWhole 0n the state of the Union had, accordin to order, had under considerasion bill of the house No. 718 to provide increased revenue from imports, on for other purposes, and had come to no resolution thereon. And then, on motion of Mr. HOGAN, at 4 o’clock and 40 minutes p. m.,) 1c House adjourned.
Skip Skip PETITIONS, ETE. The following petitions.&c.wo ro pressnted undor the rule and referredto the appropriatecommittees: By Mr. EGGHESTON: The resolution passedby the l pi clinnts'Exchangeof Cincinnati. Ohio, recomruendmgan appropriation to repair the leveeson the Mississippi river. By Mr. GARFIELD: The petiti on of Samuel Robluson and75 others. citizensof northernUlilo, praying for the sageof Ilouse bill No, 304.grunting lands to the own.andMissourifitpte Line In lroud., CoAnlsgor.etshsteopeirtoitviiodncofrfe3e7eodcuiteizaetniosnotfo aollsetohrlld.5r5oknm: in the U.S. Mr. PAINE: the Petition of John Wall. for rewardfor capture of Booth and Han old.
@@@IN SENATE SENATE. Tncusmr, July 6, 1866. Prayer by the Clio lain, Rev. E. H. GRAY. On motion of Mr. ILSON, and by unanimous consent, the reading of the Journal of Tuesday last.was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. The PRESIDENT to tempore presented the memorial of Mrs. V. Heivlitt, of Browns low, Madison county, Alabama, praying that she may be compensated for proscrtftakeu by the Army of the U.S. during the late rebellon for subsistence when in her neighbor hood; which wns referred to the ComMilAffrs . Mr. SHERMAN presented 2 petitions of citizens of Penus 'lvania, prayin for an increase of the tori so as to affor better protection to American indust; which were referred to the ComFinance. Mr. SHERMAN presented a letter from the ComrAg, addressed to him, traiismittin a communication from H.R. Helper, U.S. consul at Buenos Ayres, Argentine lte public, in reference to the purchase by our government of a flock of alpaeas; which was referred to the ComAg und ordered to be printed. Mr. SHERMAN. I presented the other day a memorial of Mrs. Amelia Feaster, asking for relief, and, ” I understood, I moved to refer it to the ComMilAffrs , but it has gone to the ComClaims. I move that the ComClaims be discharged from its consideration, and‘that it be referred to the ComMilAffuirs and‘the Militia.
Mr. BROWN. I should like to ask the na ture oft hat claim and why it should go to the ComMilAffrs instead of the ComClaims. I believe it is a claim; is it not“?
Mr. SHERMAN. It is not a claim in one sense; it is an application for compensation for services rendered and sacrifices made, and provisions and supplies furnished to our soldiers when risoners in SCarolina and Geor in. T ie case is a very peculiar one; and t ie reason I ask that it. should go to the ComMilAfliiirs is that I in fact moved that it be referred to that committee originally, and as I understood it was referred to that committee; and some members of that committee have had their attention called to the subject matter. That is the reason why I desire to have it referred to the ComMilAff now.
Mr. ROWN. I doubt very much the propriety of referring claims to different committees when we have got a committee constituted for that especial purpose. This is evidently nothing more than a claim for damages done by our armies.
Mr. BROWN. It is for compensation; that is the groundwork on which it is predicated; and it ought to be substantiated in the manner required by and to the satisfaction of the committee that have this general subject under their cognizance. Now,l will say for the ComMilAffrs that that same subject was up before them at the last meeting, an application of the same kind was there pending, and the committee after canvassing it thoughtit ought not to go to that committee but should go to the ComClaims, and ordered it to be reported back to the Senate that it might take that direction. That was the case of Mrs. Wilson, a very similar case to this.
Mr. SHERMAN. I am told that was done because this particular claim had gone to the ComClaims.
Mr. BROWN. No, that was done because it was thought that was not the proper place for the claim to be investigated; an 'I submit that it is improper that these things should be sent to that committee. I, for one, as a member of that committee, protest against it.
Mr. SHERMAN. I do not wish to urge this motion against the sense of the Senate, and I do it rather at the request of persons in this claim. This claim interglsted is made by a ady in the southern States, very strongly supported by military officers who are conversant With the facts. I have no particular desire on the subject, although I prefer that itsbouid go where the persons interested desire it to go. 3
Mr. CRIMES. It occurs to me that that is one of the very reasons why it ought not to go there. If a party ownin a claim is to designate the pflr‘lClliflf committee to whom it is to be sent, we ignore all the rules of the Senate, and we shall abandon to people outside of the Senate the control of our business. I have noticed, with a good deal of dissatisfaction I confess, the gradual changethat has been going on in the transaction of business in the Senate. 8 years ago). claim of any description whatever was never referred to any other committee except the ComClaims; and that is the rule that we ought to observe now if we want to preserve regularity or consistency in the transaction of the public business. Here is a claim which I understand grew somewhat out of military transactions. It may be referre to the ComMilAffrs, and they will decide in a particular way as to the manner in which it ong t to be adjudicated and the kind of settlement that ought to be made. Another case comes up which grows out of some transactions connected with naval affairs. That is referred to the ComNavAffrs, and that committee has a, different manner of deciding those questions, deciding them upon different principles; and so we go on throughout the entire routine of our committees, each committee decidin for itself and upon its own particular theory of deciding such questions. bere ought to be uniformity in our own rules and in our judgment; and in order to secure‘that I think the experience of the Senate in past cars has demonstrated that the rope. tribuna to settle these questions is the ComClaims.
The PRESIDENT protempore.the question is on the motion of the Senfrom The motion was not agreed to. REPORTS OF COMMITTEES.
Mr. WADE. The ComTerritor, to whom was referred a bill (H. R'. No. 315) for the relief of the inhabitants of towns and villages in the Territories of NewMexico and Arizona, have instructed me to report it back and to ask that they be discharge from its further consideration and thatit be referred to the ComPubLands. I presume itwas referred by mistake to the ComTerritor, as it relates to proceedings about the settlement of lands, and) properly belongs to the ComPubLands. The report was agreed to.
Mr. NESMITH, from the ComCommerce, to whom was referred a bill (H.R.No. 720) to change the port of entry in Pnget’s sound, reported it without amendment.
Mr. EDMUNDS, from the ComCommerce, to whom was referred a communication from the Dept of State respecting the establishment of a marine hospital at Yokohama, in Japan, reported a bill (S.No.408) making an appropriation for the erection of a marine hospital at Yokoliama, in Japan, and for other purposes; which was read and passed to a secon reading.
Mr. MORGAN, from the ComCommerce, to whom was referred a bill (H.R.No. 609) to constitute Omaha and Nebraska City, in the Territory of Nebraska, and StPaul, in Minnesota, ports of delivery, reported it without amendment.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (S.No.403) to place the name of Sarah Bacon on the pension ist, reported adversely thereon. 0 also, from the same committee, to whom was referred aJtResolution (H.R.No. 179) for the relief of Edgar T. Harris, reported it without amendment. He also, from the same committee, to whhrn was recommitted a bill (H.R.No. 706) for the relief of George W. Bush, reported it without amendment. He also, from thesame committee, to whom was referred a bill (H.R.No. 739) for the relief of Samantha Rader, reported it with an amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 742) for the relief of the mine r children of Salvador Accadi, deceased, reported it with amendments. He also, from the same committee, to whom was referred a bill (H.R.No. 743) amendatory to an not entitled “An act granting a pension to Mrs. Emerance Gouler, ” reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 740) for the relief of Matilda J. Monroe, reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 741) granting a pension to Jonathan W. Beach, reported it With an amendment. He also, from the same committee, to whom was referred the petition of Daniel McMahon, late a captain in the 20th regiment New ues hio. York militia, praying for a pension, reported adversely thereon. He also, from the same committee, to whom was referred the etition of Sabina Him)el man, widow of the late Julius Himpelman, ate a private in company H, 46th regiment NewYork volunteers, praying for a.pension, submitted an adverse report thereon, as this case, in the opinion of the committee, comes under the Generallaw passed at this session. He also, from the same committee, to whom Was referred the memorial ofCatharine E. Whit a'll, praying for a pension, reported adversely thereon.
Mr. POMEROY. from the ComPubLands. to whom was referred a JtResolution (H.R.No. 180) eirtending the time t for the completion of the A rienltural Colle e of the State of Iowa, reporte it without amen ment. StPaul AND LAKE SUPERIOR RAILROAD.
Mr. POMEROY, from the ComPublic.Lands, to whom was referred a bill (H.R.No. 191) to amend an not making a grant of lands to the State of Minnesota to aid in the construction of the railroad from StPaul to Lake Superior, approved May 5, 1864, reported it without amendment.Mr. RAMSEY. If there be no objection, I ask the Senate to proceed at once to the consideration of this bill.
Mr. POMEROY. I presume there is no objection to considering it now. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It proposes to amend section one of the not entitled “ An act making a grant of lands to the State of Minnesota to aid in the construction of the railroad from StPaul to Lake Superior, ” approved May 5, 1864, by adding to it the fo owing proviso: prp Vided further: that in case it shall appear, when the line of the Lake Superior and mississippi railroad is definitely located, that the quantity of land intended to be granted by the said act in aid of the construction of the said road shall be deficient b reason of the line thereof running near the oundary line of the said State of Minnesota, the said company shall be entitled to take from other public lands of the U.S. within 30 miles of the west line of said road such an amount of lands as shall make up such deficiency; provided that the same shall be taken in alternate odd sections as provided for in said act. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. EVENING SESSION FOR PENSION BILLS.
Mr. LANE, of Indiana. I am directed by the ComPensions to report to Hie Senate the following resolution andpask for its presient consideration: Resolved, That there be up evening semion of the Senate on Friday. the 6th instant, commencingat sbeilvlsenano'dclroecpkoprt.smfr.o.mfotrhtchCeopmumrpiottseeeoofncPoennssiidoenrsin. g The resolution was considered/by unanimous consent and agreed to. CAPTURE awa'iins.
Mr. HOWE. Some time since the SecyWar made a report, in answer to a resolution of the Senate, communicating the evidence upon which the special bounty or reward was recommended to lie distributed for the capture of JeffersonDavis, and those aers were referred to the ComMilAffrs . I suppose the ComFinance will before the session closes recommend an appropriation to pay that award and it seems to me proper that that committee should have those papers before them. I therefore submit a motion that the ComMilAffrs be discharged from lthe further consiileration of them and that they be printed and referred to the ComFinance. The motion was agreed to. COMMERCE ON CHINESE COAST.
Mr. TRUMBULL submitted the following resolution; which was considered by unanimous consent and agreed to): Resolvril, That the President be requested to in form the Senate, if not incompatible With the public interests, whether any and if so how many. Incrican vessels have been destroyed by pirates during the last year on the coast of China: and whether additional legislation is necessary for the protection of American commerce on that coast. BILLS INTRODUCED.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.409) to provide for the publication of papers relating to foreign affairs; which was read twice by its title and referred toqthe ComPrintg.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 122) to authorize the SecyWar to make compensation for persons held to service or labor enlisted or droi edinto the military service during the war; which was read twice by its title and referred to the ComMilAffrs . ARMY APPROPRIATION DILL
Mr. SHERMAN. I submit a report from the committee of conference on the Army appropriation bill, which I should like to have acted upon at the present time.
Mr. GRIMES. What changes have been made?.
Mr. SHERMAN. The Senfrom Iowa asks me what changes have been made by the committee of conference. The Senate recede from one amendment in regard to the purchase of land in Nashville. The other amendments of the Senate have been agreed to, somewhat modified. If the Senator willmention any particular amendment upon which he desires information I will answer him. The Senate amendments have been substantially agreed to.
Mr. GRIMES. What has been done with the amendment in regard to the Illinois Cen tral railroad?
Mr. SHERMAN. The House recede from that amendment.
Mr. GRIMES. What has been done about the WestPoint sufferintendency?
Mr. SHERMANP The amendmentin regard to the Superintendent at WestPoint is left substanlially as the Senate made it. The Senate amendment was agreed to by the House committee, with some modifications which change but very little the meanin of it. All the amendments of the Senate, which are mostly of a legislative character, are agreed to I think every ope of them, with some modifications of phrase 0 o. The report was concurred in. LAW OF countr.
Mr. WILSON. I move to take up the JtResolution of the HoRep declaratory of the law of bounty. it is a small matter, and will not take long. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (H.R.No. 149) declaratory of the law of bounty. It provides that where any enlisted man has been or may be detailed for duty as aclerk, or for any other duty in any executive bureau, at headquarters or elsewhere, he shall not by such detail be deprived of any rights to bounties now due or hereafter to become due, but shall be as fully entitled thereto as though no such detail had been made., The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. CLAIM OF MASSACHUSETTS.
Mr. WILSON. I now move to take up senate resolution No. 121. The motion was agreed to; and the JtResolution (S.R.No.'121) providing for the auditing of the accounts of the State of Mes sachusetts for moneys expended during the war for coast defense was read the secou time and considered as in ComWhole. It is an authorization and request to the POTUS to a point, by and with the advice and consent oft ie Senate, 2 commissioners who shall examine into the claim and audit the accounts of the State of Massachusetts for moneys expended for coast defense during the war, and shall make a full and complete report thereon to Congress at its next session.
Mr. GRIMES. I move to amend the reso‘lution by striking out in the 6th line the words “and audit the accounts, ” so as to read, “commissioners who shall examine into the claim of the State of Massachusetts, ” die.
Mr. WILSON. I have no objection to that amendment.
Mr. HOWARD. I should like to hear from the Senfrom Massachusetts the nature of these defenses, the structures for which he now claims pay from the Government; whether they were made on Government plans, or what was their nature or description. It must not be forgotten that other States may have claims of very considerable magnitude of a similar nature, and I think we ought to be a little can tious how we proceed to recognize such claims at this time. I really am in ignorance of the nature of these claims, and should like therefore to hear the Senfrom Massachusetts describe them.
Mr. WILSON. I would commend the Senfrom Mielii n to the report made by the Senfrom RIlhdIsland, [Mr. SPRAGUE] from the Military Committee, on this subject, in which the facts are very clearly set forth. It ap ears that the SecyState sent a circular to the Governors of some of the States stating that there was great danger that our harbors would be entered by ships in the intero ests of the confederacy, and recommending that the States should take action to preare their cities against such attacks. The ov emer of the State of Massachusetts recommended to the Legislature to make an appropriation for that purpose on the strength of the recommendation of the SecyState; and the Legislature appropriated $1,000,000 for that purpose. Of that money about 400,000 dollars were expended in the purchase of guns ahd other means of defense. he Senfrom RhdIsland made a report from the ComMilAffr in favor of paying that sum of about our 100,000 dollars;‘but objection was made to that, and this resolution is now a simple reposition to appoint a commission to examine into and report the facts of the case, so that Congress at the next session me have that report before them. I do not think it binds congress in’any respect whatever. I will say to Senators that the bill will be less ened nearly 1/2 if the government will consent to it; for I am told that the State of Massachusetts has received an offer for the guns on hand for their cost, and has applied to the Government to be permitted to allow them to be sold.
Mr. HOWARD. Massachusetts still holds the title to all this property, guns, &c.
Mr. WILSON. he resolution reported by the committee before, provided that they should all be turned over tot e ordnance dept of the Army. This commission will examine the precise condition and facts of the case, on which we can base future action. It does not bind us to anything. I hope there will be no objection to the proposed examination of the facts.
Mr. HOWARD. I did not rise for the purpose of objecting to the passage of the resolution, but merely to obtain information. I am very much obliged to the Senfrom Masseschusetts for iving it.
Mr. GRIll ES. Whether the resolution will bind us or not to the pament of the claim, I think. depends somewhat on the question whether or not the Senate adopts my amendment.
Mr. WILSON. I have no objection to the amendment.
Mr. GRIMES. If we passed the resolution as it was, it would stand very much in the light of an interlocutory judgment and the appointment of a master to examine as to the amount of damage. With m amendment, I think we shall not run that ris Mr.
Mr. POMEROY. I do not precisely understand how that can be the effect of the amendment. IfI understand the amendment it is to strike out the words “ and audit the accounts.” Ifa claim is to be examined and reported upon definitely. what is the difference whether it be audited or not? Auditin a claim does not commit us to the payment 0 it if it is to be reported to Congress for action hereafter. I have no objection to the amendment, but I do not see how it affects the claim.
Mr. WILSON. I have no objection to striking out the words directing the auditing of the claim if the Senfrom Iowa objects to them. All is obtained that I desire to obtain by the passage of the resolution with those words stricken out.
Mr. GRIMES. I will say in reply to the Senfrom Kansas that I may not be very well informed as to the proper use of the English language, but I understand that a claim is not audited unless it can be allowed under some law; and when we use the word “au dited" we commit ourselves to the validity of the claim, and the only question then is as to the amount which we shall be compelled to pav.
Mr. POMEROY. I cannot see how words providin for the auditing of a claim that is afterward to be investigated by Congress can affect the claim or commit us to its payment. I do not see that those words add to or take an thing from it.
Mr. GRIMES. If we used that language we should not have an opportunity to investigate it afterward.
Skip Skip The amendment was agreed to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The amendment was orderengross. for a 3rd readin and was read the 3rd time.
Mr. SAULSBURY. If this was a loan by the State of Massachusetts to the General government, the question necessarily arises, who were the high contracting parties? Who had the power, the legal authority, to borrow money of Massachusetts? Was there any act of congress authorizing the General Government to ask for or accept a loan from Massachusetts? None whatever. You cannot treat this as a loan. because there was no law for it. Who receipted for it? Who received the loan? Now, sir, my own State all along its coast has been exposed
Mr. WILSON. If the Senator will allow me I will state that the Governor of Delaware had his attention called to this subject by the same circular which called the attention of the Governor of Massachusetts to it. I suppose, therefore that the Governor or the Legislature of Delaware thought they had no great interest to be protected, or that they were sufficiently protected, for I believe they took no action in regard to the matter; but the governor of Massachusetts, after receiving the same circular that was addressed to the governor of Delaware and of all the other States, thought it was necessary to take some action for the protection of the coast of the State.
Mr. SPRAGUE. The Secrcta of State, in his communication, represente the POTUS, and his communication was made during the recess of Corigress, when it was im ossi’hle to get any legislation of Congress on the subject. The resolution was passed, and its title was amended so as to rea: “A JtResolution providing for an examination of the accounts of the State of Massachusetts for moneys expended during the war for coast defense.” BETROCBSBION OF ALEXANDRIA.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call u the unfinished business of Tuesday, which ist e bill (S.No.405) making appropriation for the reconstruction and repair of the levees of the Mississippi river in the States of Mississippi, Louisiana, and Ar v kansas, and for the improvement of the river.
Mr. WADE. I move that that bill be laid aside informall.
Mr. BROW. Oh, no, not informally; altogether.
Mr. WADE. I move that it be postponed for the present, in order that we may proceed with this bill in relation to the retrocession of Alexandria. The motion was agreed to.
Mr. WADE. I was saying that it required the joint action of Maryland, Virginia, and of Congress in order to fix this constitutional right ofhaving a seatof Government ten miles square according to the provisions and requisitions o the Constitution. Now I ask any lawyer, could any power or authority less than that which cooperated and was necessary to concur in making this location, dissever and convey it away to another? On the general principles of the common law, it could not have been done except by the joint action of all that concurred in the settlement of it. I suppose, therefore, that the act of retroccssion was an unconstitutional act; that it had no authority. There is another reason why I suppose the act was unconstitutional. That act of 1846 provided that this retrocession should do end upon the vote of the county of Alexnn ria; that the people there should assemble and vote upon the subject, and if they concurred in it then the retrocession should take effect. I do not'su pose that it is in the power of conrest; to cc 0 away its legislative authority. do not suppose that it can transfer its legislative power to any county or any other division or part or portion of the country whatever. The sovereign power conferred upon it by the constitution is as it were, personal. It is not trunsferrable at the will of Congress or any other power in this Government; nor can it confer that right upon any county or any other place. I believe that is a question that has been often settled; so mucb.so that it is hardly necessary to turn
Mr. COWAN. It is like delegating the veto power.
Mr. WADE. Yes, sir, it would be delegating aveto power. The people of the U.S. who do not consent to your grant are not to be ceded like the inhabitants of poland to any other jurisdiction. Whenever the jurisdiction over them is fixed by the Constitution and laws of the U.S., it is not left to a majority of that municipality to say whether they shall be transferred toa foreignjurisdiction or not. That is incompatible with the rights of an American citizen. There are many rights about which a majority have no power to act and ought never to act. If I own property in Alexandria and have my status, my domicile, fixed there under the laws of Congress can I be transferred to a strange, foreign jurisdiction against my will? Have a majority the right to transferme over there against my will because they happen to be a majority? I do not believe that can be done. I will say here in passing that I have looked over the very meager debate that occurred on this question in 1846, at the time this retroccssion was made. The subject created but very little debate in Congress.
Mr. Hunter, of Virginia, was the moVer of it; he was the principl arguer ofit.
Mr. Webster was not present. Imunderstand from the history of the time that he was op sed to it as an unauthorized and unconstitutional act, but he was not present to argue or to vote upon it, although he was a member of the Senate at the time.
Mr. HAKRIS. What were the provisions of the act of retrocession of 1846?
Mr. WbDE. lhave stated its provisions. I thoughtI had that not before me, but I have not. can get it very easily.
Mr. COWAN. It submitted it to the people'; there is no doubt about that
Mr. SAULSBURY. I hope the honorable Senfrom Ohio who has charge 'of this bill will let it go over until tomorrow. My attention had not been called to it until on coming to the Capitol this morning, on the avenue, some gentlemen from Virginia spoke to me about it. I did not know it would come up today. I should like to examine the rec ord with reference to the retro0esson of this portion of the DistCol to the State of Virginia, and the votesgiven on thatquestion. I only ask for one day’s delay. There are very grave questions of law arising in the case, and before we dispose of it finally
Mr. WADE. If the Senator desires it post ponement I shall not object. I know the question is one of very great importance, and I do not know how far the attention of Senators has been called to it. I called up the bill at this particular time more to attract the attention of Senators to it than for another purpose, so that they might be prepare to consider it. move now that itbe postponed until tomorrow, and I give notice that Iwill call it up at a very early period when gentlemen have prepared themselves 11 on it, and shall press it to avote.
Mr. COW N. I would suggest thatI think this question should be referred to the ComJudiciary, with instructions that if they are of opinion that there is any doubt in regard to the nullit of the act of Congress making this cession, hey report a bill authorizing the AttyGen to test that question in the courts, because it seems to me it must go there at last in order to determine the validity of that act. If that was a valid act, and within the scope of our power and juris diction, I do not see very well how we are to get rid of it bya simple repeal on our part. If it was not valid, and if it had no force to transfer the jurisdiction of that portion of the district to the State of Virginia, then the Supreme Court is the proper tribunal to determine it, and a case might be made by the AttyGen for the purpose of testii that question. It. seems to me that that won d be the proper disposition of it on the part of Congress. I am not prepared to say that I do not agree with the honorable Senfrom Ohio in thinking that the delegation oflegislative power to the people of the District by that act was void, and no matter what their action might have been upon it, it gave no force to that act as a statute. At the same time, however, there is a question behind that whether we had not the absolute power to legislate without delegating it at all. I‘liese are proper questions for the judiciary after the legislative power has exhausted itself upon them. I think that would be the better disposition of it, and if the bill is called up again I shall move to make that disposition of it.
Mr. HO WA RD. Do I understand the Senfrom WestVirginia to move the commitment. of this bill to the ComJudiciary.
The PRESIDENT protempon. There is another motion already before the Senate, which iu'llmt' the further consideration of the hill be postponed until tomorrow. That is the motion now ending.
Mr. HOWARD. Then, only one word in reply to the honorable Senfrom WestVirginia and the honorable Senfrom Pennsylvania. I am not able to see the necessity j of committing the hill to the ComJudiciary for the purpose orgcttirrg their opinion, or for the prrrpose, ra1her, of making some provision to make up a case to he submitted to the Supreme Court. That case will resent. itself in some shape. even ifwe puss this bill in its present form, or if we do not pass it. The question, as has been very truly said is a., judicial one as to the right of'jurisdiction over that territory and it will at some time present itself and be taken to the courts and there properly decided, whatever we may do here; and i am not. able to seehow we can expedite i the decision of that question by any legislation of our own or the necessity'of our attempting, to do so. My own opinion is, I confess, well made up r on the question. I have always regarded the retroccssion of the county of Alexandria to Virginia as having been entirely unconstitutional and without legal warrmrt. Tire DistCol was coded to the U.S. i by Virginia and Maryland in trust and for a, the limits of the District, and declaring in terms as plainly as was possible the uses and purposes for which the District was to be devoted. If Congress is competent to retrocsde to Virginia 1/2 of the District thus set. apart as the seat of Government. it is equally competent to retrocede to Maryland the remaining half, together with all the buildings and other public property erected here by the U.S. for public an oses as the seat of Government. Ccrtairrrv, think no court will ever hold or can hold that under the Constitution of the U.S. as it now stands and has stood since its adoption, it is competent for coness to divest themselves of the title to the district within which the seat of Government was to be fixed and where it has been fixed.
Mr. SAULSBURY. May I ask the honorarble Senfrom Michigan whether, in hisjudg ment, it is competent for Congress to remove the seat of Government from this District to any other place, and if so, what then might become of this ten miles square? Could Coh gross do anything with it, or would it revert to the States of Maryland and Virginia?
Mr. HOWARD. When the proper time shall arise for an opinion from me on the subject of the competency of Congress to remove the seat.of Government, I think I shall probably lrave formed an opinion; but I do not see how the inquiry of the honorable Senfrom Delaware in any way adorns the question of the assumption of jurisdiction over the county of Alexandria. I am notable to see it.
Mr. SAULSBURY. I think the honorable Senator will see the relevancy of my question if he will consider for a moment that if congress has the power to remove lhc seat of government from this District. Congress has the power to part with the jurisdiction over this district or it has not. The question I wished to propouud to the honorable Senator was, in case'Crmgr ess should remove the seat of government from this District, would it not be competent then for Congress to cede the district to Maryland and Virgina if it saw proper, or must itfirrever retain theseten miles square subject to the jurisdiction of Congress?
Mr. HOWARD. I regard thosc' questions at. the present time as immaterial am not in volved in the issue presented by the bill. One thing. however, iskprite certain, that the people of the'U.S., in granting this power of exclusive legislation to Congress over the District, intended to provide for them and their posterity a.district wherein was to be the seat of Government of the U.S.; and I think that when Congress assumes to retrocede the District, either to Virginia or to Maryland, it undertakes to exercise a power which is in violation of the intention of the American people in making the grant, as well as of the terms of the grant themselves. Of course, if, l the Senfrom Ulrio desires this bill to go.1 over until to rnor'row, I shall make no objection.
Mr. COWJXN. The honorable Senfrom Michigan is of opinion that the statute making the retroccssinn was void.
Mr. WI LLI'JY. The Senfrom Ohio will allow me to propound a question to him. I think I understood him to say that the law of retrocension should be repealed, although it might be constitutional.
Mr. WILLEY. Does the Senator believe it is comctent for Congress, without the consent of the State of Vi nm, to repeal the law of retrocession, provide it was constitutional?
The PRESIDENT protempore. The question is on the motion to postpone the further considemtion of the bill until tomorrow. The motion was agreed to. MILITARY PEACE ESTABLISHMENT.
Mr. WILSON. I move to take up Senate bill No. 401, to increase and fix the milltar pence establishment of the U.S., with u view to fixing a time for its consideration., The motion was vagreedto.
Mr. WILSON. the special order for tomorrow at one o’clock.
Mr. TRUMBULL. Before the question is taken on that motion, which I do not. kuuw that I have any Objection to, I wish to inquire of the chairman of the ComMilAffrs in reflerenca to mother subject about ‘. which I am receiving a.great many letters, and that is, when he prooses, or if he proposes ‘ut all, to take up the bil1 from the House of Reg Seualc should act upon. The country is looking for action, and should like to know when the Senfrom Massachusetts proposes to bring that subject before the Senate, if at.all.
Mr. WILSON. In reply to the Senator, I have simply to say that t ComMilAffr reported u bid on that subject some weeks since, before the bill alluded to passed the HoRep. The bill reported by the Military Committee of the Senate is a real equslization bill; the bill of the HoRep in not. tlmt, but it is something, and we propose to take up in committee tomorrow morning the House bill and the other billand consider them together and see what we can do, and I think we shall have a report introduced on the Subject.
Mr. TRUf IBULL. Tlpt is entirely satisfactory to me. I think it important that the subject should receive attention. I think the country expects it, and I trust we may have a report that, will sutisfy the country upon that subject, and will in fuct equalize the Ounties of soldiers.
Mr. HOWARD. I do not rise to discuss the matter, but. merely to say that that is a subject which the ComMilAffr have bad befiore them during a very large portion of the session, and to which their most anxious attention has been directed at numerous meetings, and I can assure the Senfrom Illinois that the ComMilAifuirs have been different in their attentiun to the subject, and that f expect before the res cut sesaion shall close the bill to which I he refers .will be taken up and sSed. I, for one, am strongly in favor of teequalization of bounties much, the soldiers.
The PRESIDEI" ro tempore. The question ison the motion of the Senfrom Muss u chusetts to make the bill (S.No.401) the special order for tomorrow atone o’clock. The motion was agreed to. CHARLES H. STOUT.’
Mr. WILSON. I move to take up House bill No. 641, for the relicf of Charles M. Stout. The motion was agreed to; and the hill (H. H. No. 641) for the relief of Charles M. Stout, late a 2nd lieutenant in company E, 7th regiment Pennsylvania lteserve corps, was consitflred us in ComWhole. It is a direction to the proper accounting officers of the War Dept to cause to be stated the account oFCharlos M. Stout, late a.2nd lieu tenant of company E, 7th regiment Penn s lvunin Reserve corps of volunteers and to ow him pay and allowances as such officer I move that the bill be made, from the date of his appointment, b general orders 01' General McClellan, at arrison’s Landing, in Virginia, during the time he served as such officer, from August 1, 1862, to Janu ary 30, 1863, inclusive, the time he returned again to the ranks as a private soldier, and to pay the amount due to him or his legal representatives. The bill was reported to the Senate. ordered to a 3rd reading, read the 3rd time, and passed. EXEOUHV; Busmnss.
Mr. TRUMBULL. I hope not at this early 1 hour; it is not half uitertwoo’elock; and there are some important bills that we want to act upon. The Senfrom Vermont [Mr. POLAND] base bill which he has been trmg every day for a week to get the floor to cIup.
Mr. TRUMBULL. A bill in relation to payment for quartermaster’s and'commissary stores.
Mr. GRIMES. That is a bill which has been contested here day after day, and one which we ought not to proceed to the consideration of when there are not more than ten or 12 Senators here, not more than half a quorum. '
Mr. TRUMBULL. Many Senators are about the building who will be here as soon as the ess and uays are called.
Mr. GRIMES. I am opposed to gom on with legislation of such mutglnitudejvbent ere is nobody here to transact c public business.
Skip Skip The question being put, there were, on a division ayes 12 noes 6' no quorum voting. Mr. TRUMBdLL called for um yeas&nays, find they were ordered.
Mr. TRUMBULL. I wish to state, as several Senators have come in since the motion was made, that there is important legislative business, and now we are t ving to get up a bill that has been considere severul times in the Senate and postponed by the expiration of the morning hour a bill providing for payment for commissary and (guartermuster's stores in my judgment a bill which ought to be passed, which 18due to the loyal men who have not received pay It is extending the law which we now have to other portions of the country. I hope the motion to go into executive session will not can at this hour. the question being taken byiyeas&nays resulte yeas 12, nays 16, So the motion was not agreed to. PAYMENT ron ARMY SUPPLIES. On motion of
Mr. POLAND the Senate resumed the consideration of the bill (S.No.217) to provide for the payment for nartermaster’s stores and subsistence supplies furnished to the Army of the U.S., the pending question being on the amendment proposed by
Mr. SPRAGUE to strike out, in line 8 of section one, “QuarterMGen of the U.S., ” and insert “SecyWar;” to strike out, in line ten of section one, “‘ QuarterMGen, ” and insert “SecyWar” in section two, has 6, strike out “Commissary General of Subsistence" and insert “ SecyWar;” and in lines 8 and 9 of section two. to strike out “ Commissary General of Subsistence” and insert “SecyWar.”
Mr. POLAND. I hope the amendment Wlll not revuil. the provisions of this bill are precisely the same as those of the act of July 4, 1864, providing for payment lor quarter muster’s stores and subsustence supplies in the loyal States. This bill merely extends the provisions of that law overthe whole country; and the QuarterMGen’s office and the subsistence dept have had the subject of allowing those claims under the law of 1864 until the present time, and if this amendment should prevail and the matter should be given to the SecyWar; of course the busmcss must be done in some of the subordinate depts of that office, and I see no reason why it may not as well be left, as it was by the law of 1864, to be determined by these depts and go from them to the 3rd Auditor, according to the existing law. The amendment was rejected.
Mr. TRUMBULL. I moveto add the following by way of proviso to the bill: Provided, That the claimant must in, proof of his loyalty establish by evidence that from the time his claim accruedand over sincehe hasfirmly andfaith fully maintained his adherenceand allegianceto the Government of the U.S. by defending its cause against the government and forces of the so; called confederate States of America. in all suitable and practicablewaysand according to his ability and opportunities.
Mr. HENDRICKS. I am not willing to admit that the relation existed between the true men of the country and the Government during this war which the Senfrom Michigan says the law of war establishes. I do not e lieve that a citizen of one of the southern States. if he were true to the Government, became. because of the insurrection, an alien enemy in the sense defined by the laws of war. But suppose the proposition of the Senator to be true; suppose that the law of war does'fix ‘when our Army inva They would as soon their relation as he describes it; and suppose that it be a legal right of the Government to take the property of citizens in the enemy’s country for the public use, is he in favor of exerting that rig it of war against a man in the southern States that has stood out against the I rebellion, that has been true all the while to the country, that was true under circumstances of embarrassment that no man in the North experienced?
Mr. HOWARD. If the Senator will allow me, I will answer his question.
Mr. HOWARD. That is not a question for me to decide. That is a question to be decided by the commander in the field who is leading the army, and who is to be the judge of the necessity of taking the private property of persons, citizens of the commu iity where he is, 'in the act of prosecuting the Mr. 'That is not for me to determine.
Mr. HOWARD. I am not able to see the inconsistency that the honorable Senfrom Oregon imputes to me. What was the case of h Mr. Pettigru? So far as the precedent cited by the Senator has anything to do with this case, it is this: Mr.Pettigru was a Union man in sentiment, and so remained until the time of his death, which was sometime after the breakin out of the war. He left a large professiona library, which his heirs or representatives proposed to sell to the U.S. When that proposition was before the Senate, I voted to buy the library, and to give a.quid proquo simply to the heirs of Mr. Pettigru. Vith that very simple transaction I do not conceive that the laws or usages of war have anything td do, or that they have any sort of application in the remotest degree. It is very true, probably, that during the in vasion of Mexico by General Scott there were occasional payments to the enemy for property furnished by them and sold to the Army and used by the Army; but the Senfrom Indiana will not undertake to say, I fancy, nor 'will the Senfrom Oregon, that such a thing as foragingnpon the enemy while the Army was in Mexico never took place. According to my recollection, and Iwas not inattentive to the events which transpired during that war, the system of foraging and seizing private property for the use of the Army without'comensation was as general on that occasion as in other modern wars; and certainly the government of the U.S. have never been called upon to pay to the friends of the U.S. residing in Mexico any money or other compensation for the seizure of private property belonging to them during our Military Operations in that republic.
Mr. NESMITH. I will undertake to correct the Senator there. There have been im mense claims preferred to this Government of the very character of seizures that he speaks of, and a great many of them have been paid claims of citizens of the U.S. residing in Mexico whose property was seized dur in the war.
Mr. HOWARD. I am not talking about citizens of the U.S.; I am talking about Mexicans who were national enemies at that time. I have yet to learn that they have made any such ap lication, much less that the Government of the U.S. has paid them Mexican citizens and public enemiesfor property taken from them without compensation by the American Army in its 0 erations in Mexico. I fancy the Senator will not be able to produce a single instance of it; and I resume that no Senator can produce a single instance of the kind in the history of all wars, ancient or modern, where the Government has stopped in and paid a public enemy for property taken by its army in the course of its regular operations. The Senfrom Indiana insists that the insurgents are not. to be treated or considered in fact or in law as alien enemies. I have not so stated. I have never intimated that they were aliens; but that they were enemies and belligerents for the purposes of carrying on the war is evidenced by thie whole course of our proceedings from the beginning to the close of the contest. It is not necessary that a party should be an alien in order to become an enemy. Sir, the very necessity of the case imposed upon us the duty, growing out of motives of humanity and the observance of the laws of war as connected with humanity, to recognize them as belligerents, and of course as enemies for that purpose. We recognized their whole communities as enemies.
Mr. SAULSBURY. I simply wish to refer the honorable Senator to a base: I suppose that if it is proper to pay for the destruction of the property of a Union man in one of the revolted States, it is equally proper to pay for the pDroperty which was taken in those States. tiring this present session of Congress you passed an act giving $10,000 to a gentleman residing in Virginia, and that was one of the States in revolt, on account of damages done vto his property; and if you give $10,000 on account of damages done to a Union man’s property in Virginia, why should you not give compensation where you take his property and use it?
Mr. HOWARD. I am not aware that any such law has passed conress.
Mr. SAULSBURY. allude to the case of Armes.
Mr. HOWARD. That hasnot passed and is not a law.
Several Senators. It did pass, but was reconsidered.
Mr. HOWARD. At all events it has not become a law. There may be excetional cases presenting individual hardships o peculiar character, invoking the humanity and the benevolence of Congress, and invoking relief. We have ground to expect that there are such cases. When such a case shall be presented, I shall be entirely willing to consider it upon its individual merits; but I will never agreeand I do not think the Senate ought to agree to pay for all the property which may have been taken even from nion men in the rebel States during the prosecution of the war. Sir, it was a misortune brought upon those men, in common with all other people in the State, by the declaration and prosecution of the rebellion against the U.S.; and I will never consent to take the mone of my constituents, their hard earnings, an hand it over to a quartermaster or a commissary Generalto be paid to a man who, notwithstanding the witnesses and proofs he may adduce of his loyalty, may have been, and in most cases wilf turn out to have been. an arrant rebel. I am not to be deceived and trepanned in this way. I will grant as readily as any gentleman relief in individual cases where the proof is clear and undoubted; but I will not put this immense power of grantin or withholding this relief into the hands 0 a subordinate officer of the U.S. who may proceed to hear the case exparte, and to in '0 up his mind upon erjure testimony, where it will be impossible for as to hold the officer to anything ike a proper accountability. The whole thing, in my Judgment, is loose and in the highest degree dangerous to the country, and especially to the Treasur.
Mr. EDMUNDS. I am very much surprised at some port of the observations of my friendfrom Massachusetts, mi ticulnrly in respect to the state of entire treason which he supposes to have existed at the South, and which seems to be the basis of his opposition, in u degree, at any cute, to the repayment to loyal, putriotic men, if there be ony such there, of the cost of supplies which went to furnish our armies. l have always been taught to believe that.when this rebellion broke out there were 1000s and linmbvrds of 1000s of cititens of the southern States who were justas loyal, in the highest sense. of the term, to this Government and to our flag as the Senfrom Musicobu was was, or as myself.
Mr. WILSON. ‘1 m sorry the Senator is 80 misinformed.
Mr. EDMUNDS. It has been contended so by all political parties; it has been assumed to be so by every sane man on this continent down to this day. I believe. What is the evidence of it, if we must go into evidence upon that subject. now? Were we not told during the war, god at times by the Senator himself, I think, that n large proportion of the population of the South I do not mean a majority, but a large proportion were trying to escape from rebel conscription; that they were seeking every nve one to evade and avoid resisting the laws of the U.S.; thut they were hunted with blood hounds and with soldiers and with every enginery which could be brought to bear to bring them into opposition to the flag? Isnll this n delusion? Is all this:1dream that we have been dreaming for these years? And are we to take it. as true now that there was a universal (reason in the South?
Mr. EDMUNDS. “By some fact of law which the luwyers have discovered, you became a traitor when you did not know it; you went to sleep an honest man and you woke up a traitor; legally you deserve to be hung, and it is only the grade of the sovereign power which saves you, as it does a good many other traitors who are morally more guilty than you ure, from that condign punishment. In addition to that, we wish to inform you a little further, ” in the language of my friendfrom Massachusetts, “that we have not any faith in you at nll. You my run sway from the rebels; you may hide in the mountains, and the moment the star spougled banner appears nmoug you, you may seine a.gun and light it out under Shel mun to the sea, to the last, to restore the old authority, and then we will tell you you are nothing but a perjured traitor, and had better be gone about your business." Now, I undertake to say if you use it set of men who are really loyal in that Way, the next time a rebellion occurs they ought to be on the rebellious side. I would be if I were in their position; and so would every Senator who hears me, because it outrages that sense of justice which is implanted in every men's bosom., Now, what is this legal fact or legal fiction that my friendfrom Michigan advances '2 That is the Rubicon with him. If he could only pass that he might be disposed to do justice to these men. It is that by force of the acts of secession passed by the States nll loyal men in those States became traitors by relation of law public enemies upon whom the Government had a right, under its war making power, to lev;v forage and to make war, and to despoil them at its will.
Mr. HOWARD. honorable Senfrom Vermont. I desire to correct the I did not say, nor did I intend to say, nor do I believe, that a man became a traitor, as he repeats over and over again ad nauseam, under the not of 1861, declaring certain States to be in insurrection. What I said was, that.they became bel ligerents, became hostile, became enemies of the U.S. It does not follow because a person is on enemy of the U.S., being an insurgent, or being embraced within an insurgent community, that he is, therefore,0 traitor and guilty of treason. That is a fact which remains to be proved against him as an individual rowing out of his individual acts.
Mr. HOWARD. I willnnswer theSenntor, if he pleases, now.
Mr. EDMUNDS. Certuinly; thnt is why I asked the question.
Mr. HOWARD. If the government defado of the State, in accordance with its constitutional authority, as was the case with Congress, had found it necessary to declare, and bin] declared, that a certain portion of the State. consisting of counties A, B, U, D, ware in issue motion against the rightful authority of the State, the whole population of those counties, in the sense of the laws of war, would become enemies of the State: It would be a case precisely parallel with that which has existed and througlr which we have just passed. I need hardly inform the Senfrom Vermont that the question as to the character of even loyal people residing in the insurrectionary districts has been solemnly argued before the SCOTUS, who have decided that the whole people within the lines of bayonets were the enemies of the U.S. I think that is an answer to his entire interrogatory.
Mr. SUMNER. This question has already been opened to debate. Senators, I think, have become aware of its magnitude. I doubt if they are disposed to act upon it definitely. There is some business on the table of the Senate which ought to be disposed of in executive session; and therefore I more that the Senate now proceed to‘the consideration of executive business.
Mr. CLARK. I hope not. We have had the bill now before the Senate under consideration 2 or 3 times before, and it is de' sirable that it should be disposed of; and now that we have got fairly into the discussion it seems to me it will be more profitable and better advance the public business if we continue it and dispose of it this evening, than to change and take up something else.
Mr. SUMNER.’ Ithiuk that the Senate had better reflect upon it now. The case has been faifly opened today, and Senators have become aware of its magnitude. I doubt if they were‘ before.
Mr. TRUMBULL. It has been discussed this much 3 or 4 times before.
Mr. CLARK. So far as I am concerned I do not need further time for reflection.‘ I am, of course, very glad to hear and will consider all the arguments made upon the one side and the other; but I have given it a great deal of attention. I have given it attention in committee and in the Senate, and my mind is made up upon it as to what is just for the Government to do, and that is, to protect and pay its citizens wherever it finds them, whether in loyal or disloyal territory, if they have claims against the Government. I cannot nowgo into this debate, as the motion is to go into executive session, but I prepose to do so if the discussion is continued.
The PRESIDENT protemporc. The ques,tion is on the motion of the Senfrom Massachusetts. The motion was agreed to, there being, on a division ayes 1 5, noes 13, and the Senate proceeded to the consideration of executive business. After some time spentin executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, July 5, 1866. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Tuesday was read and approved. CONTESTED ELECTION.
Mr. PAINE. I rise.to a question of privilege. I gave notice some days since that on Tuesday of this week I would call up the contested election case of Fuller vs. Dawson, from the 21st district of Pennsylvania. I was, however, unable to obtain the floor on Tuesday, andI now call up that case for action. It has been suggested by the chairman of the ComWays&Means and by many other gentlemen that it would be best to postpone the case till after the tariff bill is disposed of by the House and sentto the Senate. to me to be reasonable. At the same time I submit this case to the House under instruction from the committee, and I have no alternative but to insist upon its being taken up for action unless the House sees fit to order otherwise. If the House desires to ostpouc it until after the tariff bill is disposed) of, I have no objection. I think, however, that the parties ought to have an opportunity to be heard even if that motion is made.
Mr. SPALDING. I desire to give notice, as I have been inquired of often, that I will call up the question of privilege in the case of the member from Kentucky, [Mr. Rousseau, and the member from Iowa, [Mr. GRINXELL, as soon as the tariff bill is acted upon the 1st thin after it is disposed of.
Mr. D WES. I hope the gentleman will not call it up before the election case. I in sist that that shall be the next thing after the tariff bill.
Mr. MORRILL. I desire to say that the This seems postponement of the tariff bill for any other question will inevitably prolong the session of the House that much. 'lhis contested election case may be considered after we get through the tariff bill, and will not prolong the session of the House because we will have plenty of time. I therefore move that this question be postponed until we get through the subject of the tariff.
Mr. PAINE. I wish to give notice that I cannot consent that the contested election case shall be postponed until afterthe case referred to by the Gentfrom Ohio, [Mr. SPAM) Ine .] I desire that the contested election case shall have precedence of that.
Mr. SCOFIELD. I only wish to say that the contestant in the Pennsylvania contested election case is not here now, and I suppose cannot be here before Monday. It is probable that the tarilf bill will not be disposed of much before the close of the week.
Skip Skip The question was taken on Mr. Momma: motion to postpone the contested election case; and it was agreed to. PROBATE 0r WILLS IN DISTCOL.
Mr. PATTERSON, by unanimous consent, introduced a bill to provide for probate of and for the recording of wills of real estate situ ated in the DistCol, and for other purposes; which was read a 1st and 2nd time and referred to the ComDistCol. ADOPTION OF CHILDREN, ETE.
Mr. PATTERSON also, by unanimous consent, introduced a bill to provide for the adoption of children and changes of names in the DistCol; which was made. 1st and 2nd time and referred to the ComDistCol. ‘GUAHDIANS OF LUNATICS.
Mr. PATTERSON also, by unanimous consent, introduced a bill to amend an act entitled “An act to enable guardians and committees of lunatics appointed from the several States to uctwithiu the DistCol, ” approved March 8, 1864; which was read a 1st and 2nd time and referred to the ComDistCol.
Mr. MORRILL. I call der of business. UNION PACIFIC RAILROAD, EASTERN DIVISION.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof
Mr. LOAN. I ask the Gentfrom Iowa to allow me to offer an amendment.
Mr. WILSON, of Iowa. I will hear the amendment read.
The Clerk read Mr. LOAN'S amendment, as follows:. Add the following: Ami mom'deilfurlher, That the Union Pacific railroad shall crossthe 100th meridian of west longitude betweenthenorth bank of the Platteriver an the south bank of the Republican river, in Nobraska Territory.
Mr. WILSON, of Iowa. I do not know that I have any objection to that. If I understand the amendment, it is merely to prevent the Union Pacific Railroad Company from running their line either north of the Platte river or south of the Republican fork. That I understand to be the law now. They are confined within those limits for the construction of their road. I know that they are constructing it upon that line. A great deal of the road, some 120 or 130 miles, has already been constructed, and considerable grading has been done on the remainder of the line cast of the 100th meridian of longitude. Now, as I do not see that the mneudment of the Gentfrom Missouri [Mr. LOAN] changes either the intentions of the com)any or the provisions of the law, I have no 0 ijcction to it.
Mr. STEVENS. I cannot conceive the necessit for the amendment which the Gentfrom Missouri [Mr. Loan] has offered.
Mr. LOAN. If the Gentfrom Iowa [Mr. WILSON] will yield to me a moment I will exlnin why I offer this amendment.
Mr. LOAN. By the bill of which this is explanato it is provided, in the 2nd section, that t '0 Omaha branch of the Union pacific ruilrond may run its road to any oint that it sees proper, without regard to tie initial point fixed by the act of Julyd, 1862. That gives it the whole ran e of the territory as far north as it pleases. ow, if that road is to have the benefits conferred upon the Union Pacific railroad, I think it ought to be confined within the limits prescribed by the charter. Now that this change has been made, I think it is necessary to have this amendment to confine them within proper limits.
Mr. WILSON, of own. I now call the previous question upon the pending amendment.
Skip Skip The previous question was 2nded and the main question orilered; and under the operation thereof
Skip Skip The amendment was agreed to. The question was upon ordering the bill, as amended, to be engrossed and read a 3rd time.
Mr. WILSON, of Iowa. The amendments which have been proposed and adopted do not in any manner interfere with the proposition which I submitted to the House when the bill passed of which this is explanatory. And I have endeavored to preserve in this bill the understanding had between the Gentfrom Pennsylvania [Mr. S'rsvm's] and the House on that day, in relation to the subjects embraced in the amendment which I desired to offer at that time, but was prevented from offering by the previous question being called by the Gentfrom Pennsylvania, [Mr. Srnvnssd exceptin the 1st part of this bill. The bill now reads, “ that nothing contained in the act described in the title to this act shall be so construed as to enlar e the grant of land made to the Union Pacific ailrozid Company, eastern division, by the act of July 1, 1862, and the act of July 2, 1864.” While that is a change from the plirascology of the amendment which I desired to propose the other day. yet it is not a departure from the statement made to the House by the Gentfrom Pennsyl vania Mr. STEVENS] and others who advo cated t ie passage of that bill. It was asserted that that bill was not intended to enlnr e the land grant made to the Union Paci 0 Railroad Company, eastern division. I have here the Daily Globe which contains the debate of that day n on that bill. I find that the Gentfrom alifornia [Mr. HionY] put the following question to the Gentfrom Pennsylvania, [Mr. STEVENS:] “I would ask the Gentfrom Pennsylvania [Mr. Srnvss's']if the plates ist section of this bill contem an thing more than an extension of the time wi"thin which themaps of the so roadsareto befiled.
Mr. BINGHAM. Will the gentleman yield to me a moment?
Mr. BINGHAhI. I beg leave, as one bf the supporters of that hill, to say to the gentleman that I nevergave my assent, either expressly or impliedly, to theidea which the gentleman suggests here this morning. that this House should attempt, by any sort of amendment to the bill which we passed a few days ago, to put a legal construction upon the nets of 1862 and 1864. And I ask the gentleman to be good enoughto say now, as he has the floor, what objection there is to striking out from the ifint line, i“nclusive, down to and including the word dept, ” in the 13th line, and inserting in lieu thereof these words: To a greater amount than snid conipany would have beenentitled to iftho actofwhich this is sxplun story had not beenpassed. The words which I propose to strike out are these:. On a greaternumber of miles than are embraced in thp line of the road of said companybetween the Missouri river and the one /100th meridian of westlongitude as said line is indicated by the map heretofore filed by said company in the Interior Dept.
Mr. WILSON, of Iowa. I will state to the gentleman the reasons why Iani unwilling that the bill shall be amended in that way.
Mr. BINGHAM. I would like to hear the reasons.
Mr. WILSON, of Iowa. In the 1st place, I felt bound to prepare this bill in accordance With whatI understood to be the agreement on that dnv.
Mr. STEVENS. There was no agreement. I proffered a proposition to the gentlemen, and said that if he would withdraw his op position I would do a certain thing. He refused to accept the proposition he made. an earnest fight against the bill. He never accepted the proposition; and does he hold that we are ound ‘lv' it now?
Mr. ILSON, of Iowa. I Will read to the House what the Gentfrom Pennsylvania said on that occasion, I submitted, as I have stated, 3 PIOPOSlLIOIlS: 'I he Gentfrom Pennsylvania then said: “I will make a proposition, and I hopethe gentleman will a co to it. I remember to rave road of the Trojan orsc, and I do not care to be caught by any such contrivanoe at this time. I proposethat the gentlemanshall draw up an explanatory act.in the very language that he as su gested here, and that when we have passedthis hill 0 shall forthwith introducethat act explaining what this bill means, and I for one will vote for it.". That is what the gentleman said.
Mr. STEVENS. I ask the gentleman pow whether he did not repudiate that opposition.
Mr. WILSON, of Iowa. Why, Mr. Speaker, I could not prepare a bill at that time; it required some thought. I have, given to the House the gentleman’s own language. I do not hold him responsible for anything else than just what he said on that oceasmn.
Mr. STEVENS. I do not hold myself responsible for that, because you did not acce t it.
Mr. WILSON, of Iowa. There was no understanding that we should withhold our op position. What was desired was that thtit bil should go through without amendment. in order that it might not run the hazard of delay or.dcfeut in the Senate by being sent back there. It was not insisted that we should vote for that bill. The Gentfrom Pennsyh vania gave me no opportunity to have a vote on that amendment. He demanded the previous question and cut off that opportunity. IWill the gentleman allow and he did not insist on that occasion I should either vote for the bill or withdraw my proposition. His reposition was, if that bill should be permitted) to pass without amendment I should introduce this bill and it would receive his support.
Mr. STEVENS. Let me correct the gentleman. I stated explicitly if he would with draw his proposition and let the bill pass without opposition our friends would 0 for. the amendment, but the gentleman dec ined, and lo were compelled to pass the bill in spite of in.
Mr. WILSON, of Iowa. I do not dead on my recollection for this matter at al.I have quoted the gentleman’s language as it appears in the Globe. I do not a d anything to it, or take anything from it.
Mr. BINGHAM. The gentleman will par. don me for one moment. I wish to say for myselfthat in giving to that hill my support it was not intended by me, whatever may have been said in the debate by the honorable Gentfrom Pennsylvania, nor didIunderstand it was expected by the Gentfrom Iowa that at any time or in any place the act which we were then passing should thereafter be in any manner, by explanatory act, so limited or enlargedin its operation as to take from said Paci c Railroad Company, eastem division, 1 any benefit of the previous acts of Congress. On the contrary, as I understood the gentleman himself on that day when he spo 'e, be desired that this company should not acquire any new rights by means of the amendment save the privilege of locating and'constructing their road on the new route as therein proVided.
Mr. WILSON, of Iowa. I have no issue with the Gentfrom Ohio. I do not mean to say eve person who voted for that bill was obligedrhy any remarks of the Gentfrom Pennsylvania to vote for this one; but I do say that the member who was in charge of that bill did make that statement. And I have reason to believe some members voted to sustain the call for the previous question on that day because of that understanding. The Gentfrom Pennsylvania further remarked, after the floor had been occu ied by the Gentfrom Massachusetts
Mr. STEVENS. I want to offer an amendment, and I hope the House will not 2nd the previous question until I have an opportunity of efferin it.
Mr. WILSON, of Iowa. I will hear what the gentleman’s amendment is.
Mr. STEVENS. I ask no favor of thatkind. I want to offer it.
Mr. WILSON, of Iowa. I asked the same thing when the original bill was up the privilege of merely havin an amendment presented; that was all. I could not tell whether the'Heuse would adopt my amendment or not. I wanted the subject considered, but I was.refused the privilege. Now, in accordance with the understanding on that occasion, I presented this bill, and if the gentleman will not go so far as even to let me know what his amendment is, Imust demand the previous question, and I will leave it to the House, of course, to say whether that understandln shall be carried out.
Mr. STEVENS. I have no objection to letting the gentleman know what the amendment is, but Ihope the House will give me an opportunity of olHering it and explaining it. I offer, then, as a substitute for the bill the followmg.
The Speaker. Does the Gentfrom Iowa yield to allow that amendment to be offered?
Mr. WILSON, of Iowa. Yes, sir, I will allow a vote to be taken on the amendment; and if the gentleman desires to explain it I will yield a portion of my time for that purpose.
Mr. WILSOK, of Iowa. I read that the other day.
Mr. STEVENS. I do not wish to take up any of the gentleman’s time unnecessaril.
Mr. WILSON, of Iowa. Iunderstan the point the gentleman makes that under the act of 186.1the Kansas company would have the right, if it reaches the 100th me ridian 1st, to go on and construct the Pacific railroad.
Mr. STEVENS. Only if it reaches it and the other is not progressing.
Mr. WILSON, of Iowa. The Gentfrom Pennsvlvania [Ma Srcvrzxs] has said during the discussion on the original bill and during the discussion to dny on this bill, a rent deal about no honest man possibly understanding this matter differently from what he does. Now. sir, I do not repose ‘to refer to those remarks of a personal) character.
Mr. WYH.FO.'] misunderstood me. I said that thought no honest man would require more than what I stated was in the bill.
Mr. HIGBY. Will the gentleman allow me to ask him a question?
Mr. HIGBY. The gentleman has referred to aquestion which I asked the Gentfrom Pennsylvania the other day in reference to the map filed by this company. Ine w desire to ask the gentfrom [o wawhether the Union pacific Railroad Company, eastern division, filed in time in the Interior Depta map under which they could go to work Find build their road.
Mr. WILSON, of Iowa. I understand that the Union Pacific Railroad Company, eastern division, did file a map of a line from the Missouri river to the 100th meridian on the Republican fork. More than that, I understand that even though it be true, as contended by the Gentfrom Pennsylvania, that that was intended only as a temporary line, still it is a line; and giving the company bonds upon the entire number of miles embracedjn that line will give them bonds upon more miles than are embraced between the Missouri river and the point at which they now intend to cross the 100th meridian. So that; it does not take from them a single dollar of subsidy provided for by the laws of the U.S. Now, sir, Is this House to carry out that understanding. I have been more liberal than the Gentfrom Pennsylvania with the other day. He refused to give me a hearing at all on my amendment. I have given him an opportunity to offer his substitute, in the terms of which, In form, will be found a duplication of the bonds of the U.S. to these railroad companies. And I ask this House now whether it is proper to vote to these railroad companies an amount of bonds double that provided by the not of 1864.
Mr. BOUTWELL. I ask the Gentfrom Iowa whether my understanding of the effect of the amendment proposed by tlre Gentfrom Pennsylvania [Mr. STEVENS] is correct. have examined the amendment and the laws of 1862 and 1864 and it seems to me the necessary 10 al effect of the amendment. of the Gentfrom Pennsylvania is to make a new grant of lands from the /100th nie ridiau west to the point where this Union pacific railroad. eastern division, connects with the other; and not only a grant of land. but a new subsidy of money. I ask the Gentfrom Peniisvlvania whetherthat is not the effect.
Mr. STEVENS. There is not one word that would countenance such a construction.
Mr. BOUTWELL. I cannot come to any other conclusion.
Mr. WILSON, of Iowa. I have no doubt, as I have already said, that the construction placed on the amendment of the Gentfrom Pennsylvania by the Gentfrom Massachusetts is the true one; that it does make a new grant of lands without limitation except as to mineral ands and that it does make a 2nd issue 0 bonds on the entire line of the road. That is the effect of the provisions of the amendment of the Gentfrom Pennsylvania. I ask that the original understanding may be carried out, and that is the purpose of the billI have presented. I demand the preyious question.
Mr. BINGHAM. The gentleman could not hear my suggestion this morning on account of the noise.
Skip Skip Mr. WILSON, of Iowa. I insist on my demand for the previous question., Mr. BINGHAM. I hope it. will not be see onded. The House divided; and there were ayes 51. noes 42. Mr. BINGHAM demanded tellers. Tellers were not ordered. So The previous question was 2nded. The main question was then ordered. The question recurred on Mr. Srnvnxs’s substitute..Mr. STEVENS demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it. was decided in the affirmative yeas 71, nays 67, not voting 44;. So the substitute was agreed to. During the vote, Mr. I ROWBRIDGE stated that his colleague, lMr. Bmusx, was detained from the House by illness. The vote was then announced as above recorded. I ask the gentleman to Mr. RICE. of Maine laid upon the table., Mr. AI.LIYSON demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the altiriuative yeas 123, 1iays 11, not voting 48:. So the bill was laid upon the table. 'During the vote, Mr. WlLSON. of Pennsylvania, said: My colleague. Mr. BROMHALL, iS detained at home by sickness, and telegraphed me that he desired me to make this statement to the House. Mr. DAVIS said: My colleague, Mr. COXK use, is absent from the city in consequence of the sickness of a member of his family, and will be absent for some time. Theresult of the vote having been announced as above recorded, Mr. STEVENS mtRtv h which the bill was laid upon the table, upon the table. Thmlatter motion was agreedto.
Skip Skip MESSAGE FRO.“ THE SENATE. A message from the Senate, by Mr. HAMLIN, one of their Clerks. informed the House that the Senate had passed a Jtresolution (S.R.No. 121) proviing for the examination of the accounts of the State of Massachusetts for moneys expended during the war for coast defenses, in which he was directed to ask the concurrence of the House. ARMY APPROPRIATION BILL.
Skip Skip The previous question was 2nded and the main question ordered, and under the operation thereof the report was agreed to. Mr. SCHENCK mtRtv the report was agreed to; on the table. agreed to.
Skip Skip MESSAGE FROM 'rns snuhrs. A message from the Senate, by Mr. WILLIAM J. McDonald, its Chief Clerk, informed the House that the Senate had passed the bill of the House (No. 887) making appropriations for the current and contingent expenses of the Indian dept, and for fulfillin treaty stipulations with various Indian tribes for the year ending 30th of June, 1867, with sundry amendments. in which he was directed to request the concurrence of the House. The message further informed the House that the Senate had passe. without amendment, a bill and a JtResolution of the House of the following titles: An not (H.R.No. 191) to amend an act making a grant of land to the State of minnesota to aid in the construction of a railroad from StPaul to Lake Superior, approved May 5, 1864; and A JtResolution (H.R.No. 149) declaratory of the law of bounty. the message further informed the House that the Senate had agreed to the report of the committee of conference upon the disagreein votes of the 2 Houses upon the bill of the house (No. 127) making appropriations for the support of the Army for the year ending 80th of ] une, 1867.. LAND TITLES IN CALIFORNIA.
The Speaker. The morning hour has now commenced. The 1st business in order is the consideration of the bill of the Senate (No. 343) to quiet land titles in California, reported from the ComPubLands. The pending question is upon the amendments reported from the ComPubLands, upon which the Gentfrom Indiana [Mr. Juus's] is entitled to the floor.
Mr. MORRILL. I understand the chairman of the ComPubLands [Mia Ju LIAN] is quite willing to yield the morning hour of today, and take another mornin hour sifter we get through with the tariff bil. Itherefore ask that the House proceed at once to the consideration of the tori bill.
The Speaker. That will require unanimous consent.
The Speaker. On this bill the Gentfrom Indiana [ML JULIAN] is entitled to the oor.
Mr. BIDWELL. I appeal to the Gentfrom Indiana to allow me about 5 minutes’ time to make an explanation in reference to this bill, which I think will obviate the necessity of a long discussion.
Mr. JULIAN. I will yield to the gentleman all the time he desires at the end of my remarks., Mr. Speaker, in the 1st place I ask a vote upon the last amendment reported by the ComPubLands. here is no controversy about tlra proposition, and its adoption will leave only one amendment nding.
The Clerk read the amendment, as follows: Add to sectionnine: 'ded.however.That, from decrees of the district courts.as aforesaid.madeafter July 1. 1865 and prior to the pass a of this act, an appeal may be taken to the nite Statescircuit court for the State of California within one year from the approval of this act: Provided. hat in any such case in which an appeal may b to an under the provisions of this section.the said circuit court shall not be precluded by the terms of the decreeof confirmation or byrea son of any clerical mistake therein, from determin 'ing the boundariosoftholand claimedunaccordance with the original grantand the realjustioe andmerits of the case.
Skip Skip Mr. JULIAN. I demand the previous question on that amendment. The previous question was 2nded and the main question ordered; and under the operation thereof The amendment was agreed to.
Mr. JULIAN. I now ask for the reading of the amendment offered as a prowso to the 8th section, which is the only remaining amendment.
The Clerk read as follows: Add to section 8: Provided. Der, That the act of Congress cuti tled " An act to grant theright of preemptionto pertain purchasers on the Soscol ranch, in California." approved March 3. 1863 shall not be so construed as to interferewith the claims of bonafillt‘ settlers on the saidlands who had settled thereon and wereclaiming preemptions.in accordance with the laws of the U.S., prior to the timeof thopassageof thesaid no I.
Mr. BIDWELL. I desire the Gentfrom Indiana to agree to have the vote taken during this mornin hour. V
Mr. JULIAN. I desirenounncccssary delay. Having a number of points to discuss it is impossible for me to say whether I shall occupy half an hour, 3 quarters of an hour, or an hour. I will get through what I have to say without any unnecessary delay.
Mr. McItUER. I rise to a point of order.
The Speaker. The gentleman will state his point of order. ltli. McRUER. My point is that the amendment which has just been read is not germane to this bill for the reason that it refers to an act to which this bill does not refer; that it seeks toqualify or recal an act of Congress with which this bill has nothing to do; that the bill is a bill to quiet land titles, while this amendment seeks to disturb land titles.
The Speaker. That may be a proper argument to be addressed to the consideration of the House with reference to the adoption of the amendment; but it is nota point of order. The bill is in regard to quieting land titles in California, while the amendment relates to the claims of settlers upon lands in California. The Chair over rules the point of order.
Mr. H GBY said: cos the gentleman desire to have that report read only partially or in full?
Mr. JULIA. I am willing it should all go into the Globe. I do not wish to consume my hour in readin it in full.
Mr. HIGB. There may be a vote taken before illembers can see it in the Globe.
Mr. JULIAN. If it does not come out of my time I have no objection to having the whole of it read.
Mr. BIDWELL. I do appeal to the Gentfrom Indiana to permit a vote to be taken on the amendments in the morning hour. governmentoi
Mr. JULIAN. I shall make my argument just as full and as thorough as I deem it my duty. The question involved is an important one.
The Speaker. Does the gentleman desire to have the whole of it read or only the part marked?
Mr. JULIAN. Only the part marked. The remainder I will insert in the Globe. It will be seen by the facts stated in that report that the act of Congress of March 3, 1863, was obtained by false and fraudulent representations of fact, as I shall proceed more fully to show. But 1st I will ask to have read the rules of decision which were adopted by the Land Oliice in the settlement of these difficulties.
Mr. JULIAN. The following letter will also be found pertinent to the subject: Philadelphia, May 30.1866. I have carefully examined the decision of the ComrGLO of the 13th Jan uary last. in the Soscol case: also the above argument of Hon. F. P. Stanton and others in the same case. I tally and plearly concur in all the viewsset forth in.said decision and argument. The general preemption law of 1841wasdrawn by me as a senator ot the U.S and member of the ComPubLands and of the judicia Committee. wasn member of the comPubLands of the U.S.Senatefor nearl ten years; and as SecyTreasury of the U.S.on mpenl or reference from the ComrGLO as well as under special acts of decidedseveral 1,000 preemption case not one of which decisions has ever been overrule by the SCOTUS. I have n so argueda great miinylauo grant and preemption crisesin the courtsof Louisiana and Mississippi and also in the SCOTUS. R. J. WALKER.
Mr. McRUER. 'Is that intended as an advertisement?
Mr. JULIAN. If the gentleman has not comprehension enough to know what it was intended for, I am quite sure I cannot enlighten him. Mr. Speaker, under these rules of the land once, as indorsed by Hon. Robert J. Walker, several of these cases have been decided, and decided. thus far, in favor of the preemptors.
Mr. BIDWELL. Will the gentleman yield for a question ’1
Mr. BIDWELL. Is not BOhert.J. Walker a partner of F. P. Stanton. one of the lawyers in interest on the other side?
Mr. BlDWELL. I would ask the Gentfrom Indiana [Mr. JULIAN] if there was not this session before the ComPubLands a bill proposuig the repeal of the act of March 3, 1863. And ifthat act was procured by fraud why did not the ComPubLands report in favor of repealing it?
Mr. JULIAN. Mr. Speaker, there was abill for the repeal of the act of 1863referred to the ComPubLands during this session.
Mr. BIDWELL. If the act of 1863 was passed under fraudulent representations, why did not the committee report favorably upon the bill for the repeal of that act? l l
Mr. JULIAN. I will answer the gentleman with the greatest pleasure. We did not report l in favor of repealing the law of 1863 because rights had intervened and vested; and we believed that the repeal of the law might do more harm than good, inasmuch as the Land office, was at that time decidingin favor of the pre, emptors. But since that date the decision of the Land Office, on appeal to the AttyGen, has been reversed in the interest of the California land speculators, who in some way i procured an opinion to that effect. I may add ‘that in June, 1864, the House Committee on lPubh'c Lands did report a bill for the repeal l of the act of 1863, which passed the House near the close of the session, but was not acted on in the Senate.
Mr. BIDWELL. Then why does the committee of which the gentleman is chairman attein t to nullify and repeal that law by this l amendment? 1
Mr. McRU ER obtained the floor. The morning hour havingexpired, the further consideration of the bill was postponed until the next morning hour for/general business. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill of the following title; when the Speaker signed the same: 7 An act (S.No.127) grantingaid in the construction of a railroad and telegraph line from the town of Folsom to the town 0 Placervillc, in the State of California. GENERAL BURNHAM.
Mr. PERI I am asked and obtained leave to withdraw from the files of the House the papers in the case of the application of General Burn ham for a pension, copies of the same being left.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SMITH, one 'of its Clerks, informed the House that the Senate had passed, without amendment, the bill of the House (No. 641) for the relief of Charles M. Stout, late 2nd lieutenant of company E, 7th regiment Pennsylvania Reserve corps. REFUNDING OF TAXES.
Mr. BLOW, by unanimous consent, introduced a bill to authorize the refundingof certain taxes; which was read a 1st and 2nd time and referred to the ComWays&Means. OFFlclAL HISTORY OF THE BEBELLION. On motion of mr. SCHENCK, by unanimous consent, Senate JtResolution No. 86, to provide for the publication of the official history of the rebellion, was taken from the Speaker's table, read a 1st and 2nd time, and referred to the ComMilAffrs. CHARLES M. BLAKE. ‘On motion of mr. WILSON, of pennsylvania, b unanimous consent, Senate JtResolution 0. 117, for the relief of Charles M. Blake, was taken from the Speaker’s table, read a 1st and 2nd time, and referred to the ComMilAffrs. EVENING ssssrois'.
Mr. MORRILL. I ask unanimous consent. for an evening session this evening at half past 7 o’clock.
The SPEAKER. It can be ordered by a majority.
Mr. MORRILL. I move, then, thatan evening session be held this evening for the exclusive consideration of the tariff bill. The motion was agreed to aycs 73, noes.not counted. 0 TARIFF BILL.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itselfinto ComWhole en the state of the Union on the special order. I The motion was agreed to. So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. Scorn 2m in the chair.) and resumed the consideration of the special order, beiu the bill (H.R.No. 718) to plivide increase revenue from imports, and for other purposes. The paragraph under consideration was on page 28, as follows = 0 On all plain and mold and pressglass, not cut, graved, on or painted, 50%. advalorem. The ending question was upon the motion of Mr. IYERS to strik out the paragraph and insert in lieu thereoft e following: On all glassvials. jars.bottle s, demijohns, carboys andothervessels, exccptthosemadeof flint glass.an 0therwrseprovndedfor, aduty of 4 centsperpound, filfedor unfilled.
Mr. MORRILL. I move p'ro formdto strike out “ 50 n in the original clause and insert “45.” In order to refresh the minds of members of the committee as to the merits of this matter, 'I shall have to restate some facts which I stated just before the adjournment on Tuesday. These articles in the present tariff are subject to a duty of 35%. advalorem. They are the cheapest and plainest articles of glass manufacture plain, mold, and pressed glass. The Gentfrom Pennsyl vania [Mr. Mrsns] proposes a 'duty of 4 cents perpound, which would beahigher duty than that levied on cut glass or ornamented Bohemian glass. If we are to have this extraordinary rate upon these plain articles, it would be manifestly proper that we should raise the duty on other articles upon which a vast] greater amount oflabor is exended and amucii higher rate than exists in the present bill. I think it will be conceded by fair minds in the House, in view of the fact that we have reduced the amount of the internalrevenue tax on these articles from 6 to 5%., that an increase of 15%. advalorem that is to say, from 35 to 50 percoon which we have made in the ComWays&Means, when there was no special reason, but on account of the exhibition of the depressed condition of the trade made before the committee, is enough. It is even a very large increase. I trust the amendment will be voted down.
Mr. MYERS. As the chairman hasrcfreshed the memory of members of the House in regard to this Question, I will say a word or 2 In reply. It is a pity that upon reflection he has been able to find no better argument than he has now given. It seemshe has taken little notice of the figures whichI gave to the committee when they were last in session. He has just now stated that there was no special reason for this increase. It becomes proper, then, that I should repeat the reason for theiucrcase of duty. But 1st let me state whatI had for gotten tomention the other day, and what probably is known to every member of this house, that this manufactpreis almost exclusively done by hand labor, so that the money 0 made in it goes mainly to the American operatives. There is scarcely any laborsaving machinery emiloyed, and we have to compete not only with the English labor, but chiefly with the Belgian, the cheapest in the world. But the reasons which I stated the other day were these: there is not as much protection now proposed by this bill to this manufacture as was given under what was' called the free trade tariff of 1846. Under that tariff, when the duty on glass was 30%., soda ash, which enters largely into this manufacture, paid a duty of 10% advalorem, which amounted to only 2 mills perpound; and German clay, another in edient, paid a duty of. 50 cents per ton. nder the act of 1861, since whicht is manufacture has languished, the duty on soda ash has been increased to 1/2 a cent perpound, or 150%., and German clay to 3 dollars perton, an increase of more than 500%., and I believe now it is proposed to make it 7 dollars.
Mr. MORRILL. The gentleman is mistaken in regard to the tariff of 1861; under that tariff soda ash was free; the half cent perpound duty was put on in the tariff of 1864.
Mr. MYERS. I believe it was the tariff of 1864. Now, sir, I have stated to the committee the reasons why we ought to make this increase. rfhose reasons are, in the 1st place, that the articles entering into the manufacture of glassware have had to pay an increased duty of from 100 an 50 to 500%., and that besides all this the manufacturers have had to pay 6%. on their sales and double the former rate for labor. Another reason is that I, for one, am in favor of a specific duty. Here the hammer fell.]
Skip Skip The question being put on the amendment offered, y Mr. Mums, Mr. MYERS demanded tellers. Tellers were ordered; and the Chairman a pointed Mr. MYERS, and Mr. HOOPER of. assachusetts. The committee divided; and the tellers reported ayes 43, noes 50. So the amendment was disagreed to.
Mr. MYERS. I move the following amendment: Strike out the 20th and 21st lines and ijnasrse, rt in lieu thereof the words, " on all glassVISIL bottles, demijohns, carboys and other vessels, exceptthose made of flint glass and othermse bro vide for.a duty of 3 and ahalf centsper pound, filled or unfille." I do not desire to occupy the attention of the committee upon this subject, save to say that I have reduced the duty I proposed in my former amendment 1/2 a cent peroun.
Mr. MORRILL. If the gentleman were to reduce it a cent and a half more I should he opposed to it, because it is too much at this late period of the session to ask Congress to go into the subject of levying a speci ic duty, with any degree of fairness or appropriateness, on the subject of glass. I know something about it, for in years past I have under taken to do it. I know it is impossible to levy any ispecific duty with any degree of fairness without investigating the subject for weeks and weeks. And now for the gentleman to come in here and propose amte of duty upon the most ‘inferior, the black and the green glass, which would be ample upon almost any quality of glass, I consider trespassing upon the good nature of the House. I hope the amendment.will he voted down.
Mr. YERS. I move, proforma, to strike out the last word of my amendment, simply for the purpose of saying that the gentleman’s bill furnishes the best reply to his argument, for in numerous parts of that bill be has proposed specific duties.
Mr.) OORHEAD. I always prefer specific duties to advalorem duties, and I think the cents perpound on common articles, 3 and which I think will not encounter the opposi amendment proposed by my colleague [Mr. l Mums] is a change in the right direction. I have looked a great deal into this question, i and I believe a duty of 3 and a half cents perpound would increase the duty from 50%, as reported by the bill, to 65%. ad calm em.
Mr. MORRILL. I have no doubt the gentleman has investigated the subject thoroughly. What will the duty amount to upon a dozen common lain glass tumblers?
Mr. M OltHEAD. About 65%. advalorem. [Laughter.] I know the difficulty the gentlemnn has in his head; it is the conimonb ack bottles. Now] would prefer making a scale of duties; have it 3 a half cents perpound on others, and 4 cents on others. I think 3 and a half cents perpound is about the right average, and I think we better adopt the amendment.
Mr. MYERS. I withdraw my amendment to the amendment. The question was then' taken on the amendment 0
Mr. MYERS, and upon a division there were ayes 42, noes 58. Before the result of the vote was announced, Mr. MYERS called for tellers. Tellers were not ordered. The amendment was accordingly rejected.
The Clerk read as follows: On glass crystals for watches. 40%. advalorem. No amendment being offered,
The Clerk read as follows: On lenses forspectacles.whether of glass or pebbles, and with o rwithout frames. 2 dollars pergross airs and in addition thereto. 40%. '7"076’”! On all otherlensesfor optical purposes whether in framesor othervnsc. 50%. ad calmem. No amendment bein offered,
The Clerk read as fo lows: On allarticlcs of glass.cut. engraved, painted. col ipnrucpdl.nptrci ngtlends. stained silvered or gilded, not includ silvered or looking glass plates. 50%.ad valorem.
Mr. MOORHEAD.v I move to amend this paragraph by inserting after the words “ looking glass lates” the words “two cents perpound an.” That duty is not anything like what the men who manufacture fine flint glass ask us to impose. They want 5, ten, or 15 cents perpound, in addition to the present duty, which is 35%. advalorem. But seeing that the disposition of the House is to increase the duty but slightly, I have named 2 cents perpound, and hope there will be no objection to it.
Mr. MOItRILL. It is' only half as objectionable as the other, but I hope it will be voted down by an equal majority. The amendment was not agreed to.
The Clerk read as follows: On all unpolished cylinder, crown and common. wjndow glass. not exceeding ten by 15 inches square. 2 cents or poun: exceeding16 above that and not y 2tour inchessquare.two and a halfcents per pound; abovethat, and not ox ceediniz2 our by 30 inches square. 3 and a half cents perpound; all above that fo cents perpound.
Mr. DAWES. v1 have an amendmentwhich I desire to prepose to this paragraph, and tion of the learned chairman of the ComWays&Means, [Mr. Moiinii.i.] I move to insert after the word “two, ” in the 2nd line of this paragraph, tie words “and one quarter;" so that it will read “ 2 and one quarter cents peround.” If that amendment should be a o ted, I propose to offer corresponding amenments to other portions of this paragraph. My ohjeetis to raise slightly the duty upon window glass. If there is anything the manufacture of which it is desjrable to cultivate in this country it is common win dow glass. We have every facility in this country for manufacturing window glass. We have all the raw material except the soda ash and a few other things. But for years the manufacture of window lass has been struggling against the adverse influences of foreign competition. Why? Because labor enters so largely into the manufacture; and abroad, in Belgium, luborcan be obtained for one franc a day, while in this country 2 and 3 dollars perday must be 'paid. Hence, with sand and other materials, the best in the world for making window glass, this manufacture here at home has been for years struggling, meeting with but little success, because tearrangement of our duties has been such as to give employment to the workshops and laborers on the other side of the water rather than here. I’ desire, sir, that the manufacture of window glass shall be car ried on here with our own material, relieving us from our dependence in this respect upon the foreign manufacture. If there is any article in the world in reference to which it is desirable that our country should he emancipated from dependence on foreign labor it is cheap window glass. I hope, therefore, that the Gentfrom Vermont [.Mr. Mona11.1.]will not oppose this amendment.
Mr. MORRILL. The learned Gentfrom Massachusetts [Mr. Dawns] has decorated me with such flatteringterms that I shall make only a very weak opposition to his amendment. I believe it is more meritorious than the pro position which was mad reference to ine lil and press glass. But I Will say to the gentleman, that since I agreed not to offer any opposition to an increase of duty upon window glass I have acquired a little ad itional learning; and that is that the parties who make the m‘d and press glass so that those who manufacture window glass 0 not need any more protection than we have already given them, while the parties who make window glass say that those who manufacture the mold and press glass do not need any more protection.
Mr. DAWES. I niove, proform(i, to amend my amendment by striking out. “one quarter" and insertin in lieu thereof “one Jialf.” I do this simply to say that the Gentfrom Vermont is mistaken, and that if those who have given him his information have attempted to advance their interests by any such statements they are not borne out by the facts. The manufacturers of window glass are and have been for years struggling to succeed in their business. The have not for years made an annual profit 6%. upon their capital, an it is impossible for them to do so under the present tariff. I withdraw the amendment to the amendment.
Mr. DAWES. I move further to amend by s“triking out in the 35th line the words one half” and insertingin lieu thereof“ 3 uarters, " so that window glass above ten by 15 inches square and not exceeding 16 by 24 inches, shall pay a duty of 2 and 3 quarter cents perpound.
Mr. DAWES. I move further to amend by striking out in the 36th and 3seventh lines the words “ 3 and a half” and inserting in lieu thereof the word “4, ” so that the duty on window glass above 16 by 24 inches square, and not exceeding 24 by 30 inches, shall be 4 cents perpound.
Mr. DAWES. I move further to amend by inserting after the word “4, ” in the 37th line, the words “and one half, ” so that window glass exceeding 24 by 30 inches square shall pay a duty of 4 and a half cents perpound.
Mr. MYERS. I move to amend by inserting after the pending paragraph the followmg: On all glass vials. jars. bottles.demijohns.carboys and other vesselsunder one hulfpiht. except those offlint gluss and otherwisegrovided for.throo and 3 quarter centsper poun: whereover 1/2 pint and under one pint and a half. 3 and a half centsper pound: and all event pint and a half. 3 cents.filled or unfilled. Mr. Chairman, I have offered this amend,ment believing the House will adopt it. It follows the suggestion of my colleague, [Mr. Moonnmo] a member of the ComWays&Means. to make agraduation of duty. I think it about fits the case. It does not come up by any means to the wishes of the glass manufacturers; who say they are not sufficiently protected; and I ask for it the serious consideration of this committee. I have not put these amendments forward in any other than a spirit of good faith. fdid not think they would be opposed, much less that the House would refuse tellers after they had been fully discussed. I believe this manufacture is languishing. I have mad‘ the amendment to tally, not only with the views of the Gentfrom Pennsylvania, but with others acquainted with this manufacture. I hope the House will seriously consider it, and then put it in.
Mr. MOltlt ILL. There is no disposition on the part of the ComWays&Means or myself to consider this question with any disrespect. I thought the gentleman would have ascertained it was not only the opinion‘of the ComWays&Means but of this House that we have granted all that we ought to grant under this bill: But I admire the persistency of the Gentfrom Pennsylvania. I do not ‘know anything equal to it unless it be that of the renowned preacher who “ played on the harp of1,000 strings, demiy'ohns and spirits of jnst men made perfect.” [Laughter.] The committee divided; and there wereayes 23, noes 40.
Mr. MYERS demanded tellers. Tellers were ordered; and Mr. GARFIELD and Mr. O'NEILL were appointed.
Mr. MYERS. The joke of the Gentfrom Vermont was so [good and so new, and the majority against me seems to be so great, that I withdraw my amendment.
The Clerk read as follows: On cylinder and crown glass.polished.notexceeding ten byfiftecn inchcssqunrc. 3 andahalfcents per nuro foot: abovethat and not exceeding 16 y 24 inchcss uarc. 5 and a half centsper squarefoot; aboveglint and not exceeding 24 by 30 inches square.eight cents persquarefoot; abovethat and not exceeding 24 by 60 inches. 25 cents persquare foot; all abovethat. 50 cents persquarefoot. No amendment bein offered,
The Clerk read as fo lows: 0n fluted. rolled or rough plate glass.not including crown, cylinder or common Window glass.not exceedingten by tlftecninchessquare.8125 er 100 squarefeet; above that andnot excecing 16 by 24 inches s uare. one and a halt“ centspersquarefopt; above t at, and not exceeding 24 by 30 inches square.two cents persquarefoot; a l abovethat. 2 and a half cents persquare foot: Provided. That all fluted. rolled or rough plate glass, weighingover100 ounds Her 100 square feet, shall pay an adt itional duty on the excessat thesamerateshercin imposed. No amendment bein" offered,
The Clerk read as follows: On all cast polished plate glass, unsilvered. not exceeding ten by 15 inches square. 4 cepts pers unre foot: abovethat and not csceeding 16 y 24 inches square. SlX cents per squarefoot: abovethat and not exceedina' 24 by thirt inches square. ten cents persquare foot; above t int and not exceeding24 hi 60 inchessquare. 30 centsper squarefoot;:11 abovethat, 50 cents per squarefoot. NO amendment being offered,
The Clerk read as follows: On all cast polished plate glass.silvered or looking glass platesnot exceeding ten by 15 inches square. 5 cents persquare foot: above that, and not exceeding16 by 24 inchessquare. 7 and n.half centsper square foot: abovethat and not exceeding 24 by 30 inches square. 12 cents persquare foot: above that, and not exceeding 24 by 60 inches square. 40 centsper square foot; all abovethat, 75 cents persquare foot: Pqomded.That no looking glass platesor plate glass.silvered.when framed shall pay a loss rate of duty than that imposed upon stmilar glass of llke description not framed.butshall beliable topay, in addition thereto, 40%. ad oalorcmupon such trnmcs. No amendment being offered,
The Clerk read as follows: On porcelain and Bohemian glass. paintings on glassor classes and all manufacturesof glass or of which glass shall be a comnent material of chief value. not otherwiseprovided for and all glass but tles or jars tilled with swoctmcatsor preserves.not otherwise provided for, 50 Ker cant. advalorcm; on clay. unwrought or group or prepared, 7 dollars perton.
Mr. HUBBARD, of WestVirginia. I move 1866. line to insert “ on firebricks, 30%. ad, volorein."
The Clerk read as follows: Sim.8. Abife: That in lieu of the duties heretoforeimposedbylaw on the importation of the articles hereinaftermentioned, thereshall be levied. collected, and paid the following duties and rates of duty. that is to say: On books and engravings, being editions printed not, lessthan 30 'cars prior to the date of importation and on boo s wholly in foreign lancuuiics, i printed not less than 15 yearsprior to the date of importation, 20 '%.at!calm em.
Mr. KELLEY. I move to add the follow ".13: Provided. If the same shall be imported in qunnti hemof more than 5 copiesin no one invoice they shall if written wholl or partly in the English langauge, be liable to n duty of 30 cents perpound weight and twmty flve%. ml no orem. On all stereotyped or cleetrotyped platesof books and casts of wood cuts.a duty of 20 cents perpound weight and 25%. ad oalorem.
Mr. MORRILIJ. I suggest to the Gentfrom Pennsylvania thatlhe modify his amend ment by striking out the word “ 30 where it 1st occurs, and inserting “treiity;” so as l to make the duty 20 cents perpound eight. l i
Mr. KELLEY. I accept that as a modification of my amendment.
Skip Skip The question was taken on Mr. Katmv's amendment, and it was agreed to.
Mr. MOItRlLL. I trust the amendment proposed by the Gentfrom NewHampshire will not be ado ted. The gentleman is slightly mistaken in relation to this matter. The fuctis that our publishers can now send abroad and have their books riuted and brought back, paying the existing uties, cheaper than they can print them here at home. Sir, I do not, for one, desire to reach the object which the entle maii seems to have in view. I do not desire that the students and scholars of this country should have for their text books these which are printed abroad. Let them be both edited and)riiitetl here. Let such authors as Professor rosby and Professor Anthon get up them here. Our authors need to be taken care of quite as much as our publishers. The duty we propose to put iipon these books in foreign languages is merely nominal, 20%. on the valuation not half what we place on other books. The cost of paper nbrootLis less than 1/2 what it is here; the cost of set ting type is very much less there than here. If the gentleman desires to reach his object, and will move to reduce the number of years that these books shall have been printed, in order to admit them at lower rates, I would offer no objection. But if we should adopt this amendment we could never expect hereafter that these books would be printed at all by American publishers. Why, sir, I have seen copies of even so insignificant a publication as the common Webster Spelling Book which had been printed abroad with an American publisher’s name upon them; and they are brought over here by millions and olfered for sale. The gentleman does not sweeten it at all by put ting in some reference to agriculture. I think the House are not oing to have our distinguished and learned ComrAg dwarfed by the introduction of European agricultural publications. [Great laughter.]
Mr. KELLEY. I want to say to the Gentfrom NewHampshire that the book publishers of Boston an NewYork are not making fortunes at this time, andl want to add to that that those who are making money are doing it by printing in England and in Belgium, from the stereotyped lntes made in this country and from which they used to print Amer v ican editions, English and Belgian editions. The publishing houses of all our cities have bad to remove their stereotype plates to England and to the Continent, reason of the difference in cost between En ish and Belgian and American paper, and use by reason of the difference in the costof the material used in book binding. If the gentleman wishes to declare that no book of value shall be published in America, I advise him to open these little doors, through which a great storm may blow. The very object of the amendment which I proposed the this section and which was adopted, while it allowed old editions to come in for scholars, was to prohibit the openingofadeor through which foreign publishers could unte dute a book on its title page, and introduce it at a low rate of duty. It gives scholars the opportunity of importing 5 copies of a book at a merely nominal duty, not equal to 8%. upon American prices. Now, if you want to open the door so that immense editions from your own American stereotype lates will be forced to be printed with false ates upon them, then adopt such a provision as the gentleman proposes to accommodate college professors and the future lawyers of the country. You will then have, not only your Blackstones printed abroad, but also our Kents, your Ciittys, and your current decisions of the Supreme Court, for we will be unable to print any such book in America.
Mr. BATTERSON. I withdraw my amendment to the amendment.
Mr. MORRILL. I move that when the House shall again resolve itself into the Com mittec of the Whole on the state of the Union, all debate in relation to books terminate in ten minutes. The motion was agreed to. ENROLLEDJtResolution AND BILLS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound truly enrolled bills and a Jtresolution of the following titles; when the Speaker signed the same: An act (. R. No. 127) making appropriations for the support of the Arm for the year ending June 30, 1867, and for other purposes; An act (H.R.No. 191) to amend an act making a grant of lands to the State of Minnesota, to aid in the construction of the railroad from StPaul to Lake Superior, approved may 5, 1864; and, J’bint resolution (H.R.No. 149) declaratory Of the law of bounty. RECESS.
Mr. THAYER. I move that the House adjourn.
The SPEAKER. If the House should adj ourn now it would have the effect to dispense with the evenin session.
Mr. THAYE t. Then I withdraw the motion.
The Speaker. The House can, by unan imous consent, take a recess now till this even in.
Mr. GARFIELD. I move, then, that by unanimous consent the House now take a recess. Only fiye minutes of the afternoon session remain. There being no objection, the motion of Mr. GARFIELD was agreed to; and the House (at 25 minutes after 4 o’clock p. m.) took a recess till half past 7. EVENING SESSION. The House reassembled at half past 7 o’clock p. in. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rulesbe suspended and that the House resolve itselfinto the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House aqccrdingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorn 2L!) in the chair,) and resumed the consideration of House bill No. 718, to provide increased revenue from imports, and for other purposes. 'l he pending question was upon the amendment of Mr. PATTERSON.
Mr. PATTERSON. I do not propose to say much upon this subject. I have here a letter which I shall presently ask to have read. remark made this afternoon by the Gentfrom Vermont, [Mr. Momma] The gentleman says certain bo0ks have been taken from America. to be published in England and broughtback for a dollar which cost 3 dollars ere. I am glad to hear that, sir. It is only decreasing the cost of litera ture in this country of general intelligence. It seems to me it should be our policy to make these books as free as possible,so that every child in the land may have access to them, whereby to fit it for usefulness in the future. We want skilled labor. We'want thatingenuity which only comes bymental discipline. We want that comprehension of mind which can only come by linvin with skilled intelligence, the discoveries broug tout in Europe an published in books which come from there. It seems to me, while we should look to the great industrial interests of the country, we should ’especially look to the intelligence of the country. I am told by a friend it will throw many females out of employment if we do not proBut before doing so I wish to refer to a.single tect the publishing ‘iuterest in this country. It will throw a great many children out of the schools if we do not protect them in cheap books, if we do not furnish them with books which they cannot obtain in any ublishing house here. I ask the Clerk to read the letter which I send up, as it states the case clearly.
Mr. MORRILL. The Gentfrom Ohio [Mr. GARFIELD will reply to the gentleman.
The CHAIRMAN. All debate is closed on the subject ofbooks. The question recurred on the amendment offered by Mr. GARFIELD.
Mr. MORRILL. I move to amend by inserting “5 years” in lieu of “ 15 cars, ” so that it will read, “printed not less than 5 years prior to the date of importation.”
Mr. PATTERSON. I move to amend by striking out “ 30 years" and inserting “ 15 years;” so that it will read, “on books and engravings. being editions printed not less than 15 years prior to the date of importation.”
Mr. PATTERSON. I move to strike out “twent v% and insert “ ten'%.”
Mr. MORRILL. 1 hope. that will not be ado ted. Teamendment was disagreed to. The question recurred on the amendment of Mr. ii riinson to strike out the whole par agraph and insert. as follows: On books whollyin foreign languages and on agricultural maenridcasncireenptrifiinctsr.etpeonrtpsearnedenpt.earidovdaiclaolrs e.nmo.t The amendment was disagreed to.
The Clerk read as follows: On all booksreprinted from books1st printed in tho/U.S. 30 cents per poun, and in addition thereto.25%. advalorcm. No amendment being offered,
The Clerk read as follows: On all otherbooksnot hereinprovided for and oppamphlets magazines.illustrated newspapers.peri odicals.un dprintedpapers.boundorunbound. 20 centsperpound.and.in addition thereto.25%.advalorrni. Provibd. That nothing herein shall heheld to includq newspapersor other printed matterlawfully transmittedby mail. No amendment being offered,
The Clerk read as follows: On maps and charts.nototherwise herein for. 35%. advalorem.
Mr. SHELLABARGER. I move to insert after the word “ma s” the words “excepting military maps and c arts.” That will exclude military charts and plans of battles which will be probably now 0 immense interest to our pefilple. V
Mr. MORRILL. I have no objection to the amendment.
The Clerk readms follows: On paper hnniringsand paper for screensand fire bthoiartryd sfi.tvoeuprceernctespnet.rapdouonaldo.raenmd. in additionthereto.
Mr. MORRHfL. I move.to strike out that clause and to insert in lieu thereof the following: On paper hangingsvaluedat notover 20 cents perroll. 4 centsporpoundand 35 ercent. arlvnlorem.Onall otherpaper hangings.borders and papersfor tire screensand fire boards.four centsper pound.and. in addition thereto.45%. ad oalorem. The amendment merely makes a discrimination, imposing a higher rate on the more costly pap‘ehre haamngeinndgms.ent was agreed to.
The Clerk read as follows: On papers.fancy colored. colored for labels and wra pummel bled. stained.glased or enamele(l.nnd car paper.six cents perpound and in addition thereto.35%.ad nalorcm.
Mr. MORRILL. I move td' amend that clause b inserting after the word “wrappers” the wor s “ for pins and needles.”
Skip Skip The amendment was agreed to. Mr. MORRILL. I move further to amend the clause by inserting after the word “enam eled ” the words “ Bristol boards.”
The Clerk read as follows: Site. 9. Abife: That. in lieu of the dutiesherotoforeimposedbylaw. There shall belevied. collected and paid.on the importation of the articles hereinafter mentioned. The following duticsand rates of duty. that is to say: 0n salt in sacks barrels and other packages. 42 cents per 100 cunds; on salt.in bul. 30 centsper 100 pounds.
Mr. BENJAMIN. Mr. Chairman, I oppose the amendment of the Gentfrom Michigan, [Ma Dumas] I do not know thnt it is possible to effect any reduction of the duties evied upon any article in this bill; but it seems to me that if the bill contains one item on which the duties are fixed at too high a rate, it is this article of salt. Salt, as we all know, enters into the consumption of every family in the land. Now, sir, whatever may be said in other cases in respect to the effect of the duty upon the price of the article, it is clear that the cost of salt to my constituents will be increased precisely to the amount of this duty. Here is a proposition to increase the duty on salt from 18 to 42 cents per100 pounds. Now, sir, my constituentsin the State of Missouri are obli ed to use foreign salt; and this increase of duty is equivalent to a tax of 125 to 150%. on the article. It must be obvious how seriously this must atfect the great packing interest of the West. The Gentfrom Michigan spoke of the salt works in his own State. llut, sir. who does not know that the extent of country that can be supplied by those works is necessarily quite limited? The salt they manufacture never can, to any considerable extent, compete in the Stfie of Missouri with tbgeign salt. With respect to this article of salt as well as other articles, this bill increases the dutymwaintly1 no correspondin benefit to us, with the' exception, perhaps, of the small increase of the duty on wool, which is very trifling.
Mr. MORRILL. If the Gentfrom Missouri will allow me a moment, I desire to say as I may not have another opportunity thatthis is a question upon which I differ with the majority of the ComWays&Means, and where I reserved the right to vote for the lOWer rates. I am willing to vote for any reasonable and moderate reduction of the duty proposed on this article.
Mr. H MPHItEY. I am very glad to learn that fact.
Mr. BENJAMIN. Iiind, Mr. Chairman, in looking at.the census of IBUO that nearly 2/3rds of all the salt consumed in the U.S. is imported from foreign countries. perhaps the manufacture and consumption of the domestic product has increased somewhat since 1860, but certainly not to any large extent; and we may safely calculate, I think, that in the future 2/3rds of all the salt consumed in the U.S. must be imported from abroad. [Here the hammer fell.]
Mr. DAVIS. I renew it, I wish to say, Mr. Chairman, that I have not been at.all surprised at the remarks of my honorable colleague from the Butfalo district, [Mr. Hunrhusvj He opposes this increase duty on salt not because the interest is not, one intrinsically entitled to the fair and just consideration of this House, but because he is opposed to all protection. That is his doctrine. He opposes the whole bill in every form, feature, and principle; and he will vote against it, no matter what may be said by its friends or its enemies. Now, sir, the honorable Gentfrom Missouri [Mr. BENJAMIN] is mistaken in his statement with reference to the consumption of foreign salt in the U.S. Formerly 2/3rds of all the salt used in this country was the production of our own citizens.
Mr. BENJAMIN. I desire to ask the gentleman whence he gets his figures.
Mr. DAVIS. From the returns of imported, salt.
Mr. BENJAMIN. I have here the census returns of 1860, and I do not find them to agree with the gentleman’s statement.
Mr. DAVIS. I have the returns from the Dept. If the gentleman will refer to the census of 1860 he will find that we manufactured in that year about 14 million bushels of salt and imported about the same quantity. But large quantities of salt manufactured at that time in the country werenot represented at.all in the returns. I‘he salt in the Pomeroy district was not. returned. The salt of California was not returned. The salt of many places was not returned. The question we have to settle by this Congress is one which appeals to the justice and conscience of the country; and that is, how we are to divide labor between mechanics and agriculture so as to make both remunerative. That is the question we have to meet. It is the solemn duty of the American Congress to see whether the industry of the American people, whether the agriculture of America, whether all of our interests cannot be fairly protected. I am not in favor of a prohibitive taritf, but I want liberal and fair protection. When I remember the fact that upon the salt produced in my own district 125,000 persons all over the country are dependent, directly or indirectly; whenI remember that the miner of Pennsylvania is employed in procurin the coal with which salt is manufactured; when I remember all the interests concerned, directly or indirectly, of transportation, &c., I ask from Congress action, and favorable action. Without just protection the manufacture in this country may cease. It has been said the salt manufacture has been profit. able. T he Gentfrom NewYork lennade that representation. When this war broke out. our salt. went down the Mississippi to Memphis, and to NewOrleans when we captured that place. Here the hammer fell.]
Mr. BENJAMIN. I want to correct a statement.
Mr. MORRILL. I move that the committee rise in order to terminate debate upon the subject of salt.
Mr. EGGLESTON. I hope this will be discussed more fully.
Mr. MORRILL. I will allow ten or 15 minutes. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Soot WELDre ported that the ComWhole on the state of the Union had, according to order, had under consideration bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in Committee of the Whole on the state of the Umon on. the subject of salt shall close in 15 minutes after the committee resumes the consideration of the same.
Mr. ANCONA. I move to amend by insert in" “ten minutes.”
Mr. ALLEY. I move to amend the amendment by making it “ 15.”
Skip Skip The amendment was agreed to; and the motion, as amended, was agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes.
Mr. HUMPHREY called for tellers. Tellers were ordered; and Mr. HUMPHREY and Mr. PLANTS were appointed. The committee divide, and the tellers reported ayes 38, noes 67. So the amendment was not agreed to. Mr. BENJAMIN. I move to amend by striking out “42 ” in line 6 and inserting “ 30;” and by striking out “ 30 ” in line 7 and inserting “22;” so that the paragraph will read as follows: On salt in sacks, barrels, andother packages. 30 centsper 100 pounds:onsaltin bulk, 22 centsper 100 pounds. The amendment was not agreed to.
Mr. PIKE. I desire to offer an amendment to which I think the chairman of the ComWays&Means will a ree. It is to insert “ 36” instead 0 “ 42, ” and “ 22 ” instead of “ 30;” so that the paragraph will read: On salt in sacks, barrels, andotherpackages, 6 cents per100 pounds; on salt inthbirutlg
Mr. 22 centsper 100 pounds. The amendment was not agreed to.
Mr. ROSS. I move to amend by striking out this paragraph, embracing lines 6, seveti, and 8, With the view to insert salt in the free list. The amendment was not agreed to.
The Clerk read as follows: On flaxsced. linseed. hemp seed, and rape seed, 30 cents per bushel, of 52 pounds perushcl: Provided. That no drawbackshall beallowed on oil cake when exported.
Mr. PRICE. I move to amend by striking out‘ “thirt ” and inserting “ 60, ” so as to make the duty 60 cents perbushel. Mr. Chairman, we have now come to that part of the bill which concerns the agricult ural interests. And I wish gentlemen of the committee to give their attention to a single fact. F laxseed oil, under the provisions of this bill, will pay a duty of 30 cents ier gallon. Flaxseed, it is prowsed, shall pay tlliirty cents a bushel. In one nshel of flaxseed there are 2 gallons of oil. The effect is to tax oil in the seed 15 cents a gallon, and out of the seed thirt cents a gallon. It requires no argument, an I do not propose to make any, to prove that this is a discrimination against the agricultural interests and in favor of the manufacturing interests. We can raise in this country seed enough for all the paint in the world, even if we had no oil in the bowels of the earth. If we propose to protect any interest, I need not argue to this committee that the agricultural interest is the interest to be protected, for it underlies and furnishes the foundation for every other pros perous interest in the country; and without the prosperity of the agricultural interest there can e no prosperity in the nation. I hope that the legislation of this body will not look toward discrimination against the agricultural interests.
Mr. MORRILL. This is another portion of the bill in reference to which I reserved my right to vote against it. The duty fixed in the paragraph is already, in my judgment, higher than it ought to be. Linseed Oil is anything but a luxury. it is a common necessity. Every man uses more or less of it for the paintiii of his house once in 2 or 3 years; and it is also used in various manufactures. It is essential that we do not put upon this article a rate of duty which may practically be prohibitive; forwe derive from abroad Isu pose nearly 3/4ths of all that is used in the country. The duty upon this article may affect us in very many ways. Our California trade is more or less dependent upon the article of linseed imported from India. Our vessels which are freighted from the Atlantic sea board to California must return in ballast or they must go to India and get something of this kind on which to make a return freight. The average cast of the article in India is about one dollar perbushel. I undertake to say thatif the bill be allowed to stand as it is, im osing a duty of 30 cents perbushel upon the seed and 30 cents pergallon upon oil, which costs abroad only titty cents er gallon, every linseed oil mill east of the A leghauies, instead of crushing linseed, will be crushed itself. The article will be imported in the form of linseed oil. It will be of no benefit except to some half a dozen crushers west of the Allegheny. Under all the circumstances, I hope not only the duty will not be increased, but that it will be reduced. But it is for the committee to dispose of the question.
The CHAIRMAN. Debate isexhausted on the pending amendment.
Mr. WENTWORTH. I propose to amend the amendment by making it 40. Mr. Chair man, onr western friends have agreed upon 40, petitioned for 40, andvhope to get 40; and it is quite little that agriculture can get out of this or any other tariff hill. We have nothing in it but wool and linseed. The oil men went down and asked the manufacturers what they could get, and we took what they would 've us. We took 40. The linseed manufricturers came here and said they would not do it, that itwould ruin them. Outin the West we are not afraid of ruin if we get the Niagara ship canal. Rather than see all these men ruined we consented to 30. As a farmer, as a western man, I am willing to compromise and help all these suffering interests out if they will adhere to 30 and 30; 30 on oil and 30 on flaxseed. But, Mr. Chairman, if they propose to disturb this, then I propose to say something further on the subject. I hope my friendfrom Iowa [Mr. PRICE] will withdraw his amendment if my friend, the chairman, will agree to stand by the compromise of 30 and 30.
Mr. MORRILL. I did not enter into any compromise.
Mr. WENTWORTH. I never knew the time when you compromised on less than what you could get. [Laughter] I do not know interest that will consent to any anythingl less. withdraw my mendment; and I ope the friends of agriculture, the friends of the farmer in this House, will stand by the compromise of thirt and 30.
Mr. L. THOMAS. I move to strike out “ 30 ” and insert “16, ” 16 being the present rate of duty fixed by the existing tariff. It appears to me that our friendfrom Illinois, as well as the rest of our agricultural friends, will defeat the object they have in view by putting such a tremendous tariff on agricult ural products. We of the middle States have I interests to attend to as Well as you gentlemen of the western States. While you have flax
Mr. JLTHOMAS. We have coal; but we also have flaxseed fact'ories. We use your flax sced, but you unfortunately cannot give us all that we want, and if you at this increased tariff of 30%. on axseed you will close u our fiaxseed factories, and the consequence Will be that we cannot buy even what you now raise. 1 Now, sir, I'have received time and again communications from different flaxseed facto riesin my district, from very reliable gentlemen, that the product of flaxseed in this country is not sufficient to meet the demands of even the fiaxseed factories east of the Alleghanies. And yet while this fact is stated gentlemen propose to put a higher duty on flaxsced which will break up these factories and prevent increased consumption of the article. I am opposed to putting at a higher rate and in favor of the proposition of the chairman, striking it down 0nc half.,
The CHAIRMAN. Does the Gentfrom Maryland withdraw the amendment?
Mr. J. THOMAS. I will withdraw it if the Gentfrom Ohio will renew it.
Mr. SCHENCK. I will renew no such amendment as that. The question being taken on the amendment offered by Mr. J. L. Thomas, it was disagreed to.
Mr. SCHENCK. I move proforma to make it 40 cents. This clause proposes a duty on the seed from which the oil is produced and on the loil when manufactured, to equalize the two. The Gentfrom Illinois [Mr. Wnx'rwourn] says this is the result of a compromise. If so it is a bad compromise. The tax ought to be higher. The chairman of the committee admonishes us that this is one of those cases in which he intends to oppose the action in committee and go for alower tax. I apprehend he means a lower tax 0n the seed alone, and not on the oil.
Mr. MORRILL made some answer inaudible to the reporter.
Mr. SCHENCK. He prefers to have it where it is, a heavy tax on the manufactured oil to keep that out, but a low tax on the seed to let that in, in order that eastern manufacturers, in competition with the interest at the West, may manufacture oil from the imported seed, an thus crush outand destroy the whole western interest. And in accordance with this, a most extraordinary statement has been made by the chairman of the committee. He asks where is the necessity for increasing the cost of linseed oil, one of the articles in common use through out the country, for the benefit of a little interest west of the Alleghany mountains, not involving more than half a dozen presses. Now, sir, let me say that this is an extraordinary statement coming from the gentleman to whom we look for information in regard to the manufactures of the 'country. There are twice as many presses as that in the town in which I live. I‘here are 4odd in the State of Ohio.
Mr. SCHENCK. I withdraw my amendment to the amendment.
Mr. WENTWORTH. I renew the amend Iment to the amendment. I wish to recall to the attention of this House that ever since this tariff debate commenced we haveheard nothing but " protection.”.
Mr. MOlllilIL. Not from me. 'Mr. wENTWORTH. The U.S. is a large landed proprietor in its own right. But our land has become so‘valueless that we find great difficulty to give it away if we compel the one to whom we give it to go and live upon it. So eve give it away to railroad companies in order that.our lands may be occupied by some body. Now, suppose a poor man goes to work on that land, just see how the country protects him. He 1st undertakes to fence in his land, and the spade with which he digs the hole for a post is taxed; the ax with which he cuts the post to put in the hole is taxed; the boards he' puts on the posts to make his fence are taxed; the nails with which he fastens on the boards are taxed; and the hammer with which he drives the nailsis taxed. When the fence is done and the man goes inside to work his plow is taxed, his hoe is taxed, his cultivator is taxed, his reaper or mower is taxed, and everything he uses is taxed. And for the benefit of whom? For the protection of American tnanutheturcrs. And the oor man must pay his tax in advance. 0 cannot stir a peg, he cannot dig a hole, or plow a furrow until he has paid his tax on his implements. And after he has en (lured the heats of summer and the frosts of winter, after he has risked the fevers and agues, the minsmas that are always incident to a new country, he looks to the Government for some protection. He fights the bat tles of the country and pays its taxes, too, and this is the protection you give him. I want to know what encouragement there is for us to go into agriculture if we have no protection at all. And there have been rich men and rich men and rich men here this winter tryin" to lobby against the agriculturists and put them down. I hopethe House will say 30 cents for the oil and 30 cents for the seed.
Mr. PRICE. I thank the gentleman for that word as much as the “Jew” was ever thanked. Sir, with reference to Russia duck and crash and other articles of that class, we the other day did that of which, if we examine it properly, we should be ashamed. We can raise in my own State raw material for enough duck and crash to supply the world; yet we must cater to the interests of Russia, and encourage the pauper labor of Europe rather than the industry of our own citizens. Now, sir, I am for taking care of the people of this country; and I would not deserve to be called a “protectionist” ifI were not. glare the hammer fell.]
Mr. MORRILL. For the purpose cftermi nating debate, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. SCOFIELD reported that the ComWhole on the state of the Union had. according to order, had under consideration bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon.
Mr. MORRILL. Imove that when the House she." again resolve itself into the ComWhole on the state of the Union, all debate on the pending paragraph terminate in one minute.
Mr. SCHENCK. I suggest to the gentleman to allow 3 minutes for the explanation of some of his figures.
Mr. liIOltltILL. The gentleman shall have the whole of the one minute. The motion was agreed to., Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion wusagreed to. So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. SCOFIEID in the chair,) and resumed the con: sideration of the special order, being bill of the House No. 718, to provide increased revenuefrom imports, and for other purposes.
The CHAIRMAN. All debate, by order of the House, is limited to one minute.
Mr. SCHENCK. The “impetuousrfriend” of the Gentfrom Vermont would like to avail himself of that minute in order to show that the deliberate Gentfrom Vermont, the chairman of the ComWays&Means, is about as wrong in his figures in ref erence to importation as with regard to every thing else connected with this interest. He says there has been no importation of seed of any consequence since 1891. Now, sir, I have taken the pains to procure the figures on this subject; and I find that in 1861 123, 603 bags were imported; and since that time the quan tity of foreign seed brought into the country for the use of these eastern manufacturers has radually increased till in 1865 it. amounted to 321,570 bags nearly 3 times as much as in 1861. The average annual importation during the last ten years has been 1.3711,:313bush els. He is willing to protect all this foreign seed but none of that 5 millions and a quarter worth of seed 'ruised by all these western States for these half a dozen of crushers. [Here the hammer fell.
Mr. WfENTWORTH, by unanimous consent. withdrew his amendment The question recurred on Mr. Pntes's amendment; and itwas disagreed to.
Mr. O’NEILL movedto strike out “ 30 ” and insert “ 20.” The amendment was disagreed to.
Mr. O’NEILL. I move to strike out the words, “that no drawback shall be allowed on oil cake when exported." The amendment was disagreed to.
Mr. ROSS. I move to strike out “ 30 H and insert “ 40.” The amendment was disagreed to.
The Clerk read as follows: Onmackerel. 2 dollars perbarrel on herrings pickled or salted.one dollar perbarre: on salmon, pickled or salted. 3 dollars or barrel: on shad, 2 dollars perbarrel: on all 0t or fish.pickled. 2 dollars perbarrel; on all fish. not heroin otherwise vptrdolv‘lifd, ed for, one dollar per 100 weight: ProThat any fish in packagesother than barrels shall pay in proportion to thoratos charged upon similar ash in barrels: on sardtnes and anchovies, 50%.ad valorcm; ODVfiSh OHJJUBHIJDOIOQX‘IL advalor am.
Mr. PIKE. I move to add the following: Providmlfurtlter. That herring imported in bulk shall pay at the rate of 50 centsper barrel of 200 pounds.
The Clerk read as follows: On pelts.(withoutwool.) skivers.androans, pickled or salted. 15 nor cent. advalorem.
Mr. O’NEILL. I move the following: shOipnmreanwt oat skins in the hair from any port 01‘ titre%. advalorcm. I Mr. Chairman, the object of reducing the duty, as indicated in my amendment, is this: these skins come in free all over the world except into the ports of this country.
Mr. BINGHAM. Debate is not in orderI as the committee commenced to divide.
Mr. EGGLESTON. I ask unanimous consent to go back to move an amendment redu cing the duty on mackerel from 2 dollars to one dollar perbarrel. Objection was made.
The Clerk read as follows: On shivers, tanned, colored, and finished, 40%. advalorem.
Mr. MORRILL. I move to strike out “ and” and insert “ or.”
Mr. ALLEY. I move to insert the following: On gout and sheep skins. tanned and unfinished, from any port'ofshipment. 30% advalorcm.
The Clerk read as follows: On fawn. kid, and lamb skins. tannedand dresser]. otherwise than in colors and known as chamois, 35%. a1!valor em. 0n matsofsheep skins, not colored, 40%. advalor rm. 0n mats of sheep skins, fancy. colored, s ixty pot cont.ad valorem. NO amendment being offered,
The Clerk read as follows: On up or leather and calf skins and cont skin tanned, ressed, or finished, 35%. a calorcm. On leather, stunt, japanned or enutncled, 40%. ad ca arm. I
Mr. MORRHJJ. I move to insert after the word “enameled” the words “and on glazed skin.”
Skip Skip The amendment was agreed to. I have no objection to the
The Clerk read as follows: On parchment and vellum. 40%. ad onr27". On shoesand bootsof all kinds and all manufac ftourrteyspoef rleceantht.eard.nnoatlolirccrmcin. officrWiseprovided for.
Mr. O’NEILL: I move to add the following: 0:. coat or sheepskins.coloredorfinished, 40%.ad vafofcm.
Mr. MORRILL. I hope by unanimous consent the Gentfrom Massachusetts [Mr. ALLEY] will be allowed to withdraw his amendment. I
Mr. ALLEY. It should read, from foreign ports."
Mr. HOOPER, of Massachusetts. I hope the amendment will not be adopted. I wanted to make an amendment to that when it was up before.
Mr. ALLEY. If the committee will allow me, I will explain what I meant. By the existing inw goods coming from the Cape of Good Hope by the way of London or Liverpool, or any other foreign port, are charged 10%. adralorem, and there are a great many goods that are shipped to this country in that way. I have offered the amendment. I supposed the word “foreign” was in it. If it reads “ from any foreignport, " it will read right.
Mr. THA ’Elt. The word " importation” in the beginning of the section implies the same thing as the word foreign.
Mr. ALLISON. I object to oing back unless we can consider the ameniilment.
The CHAIRMAN, The pending amendment is the one offered by the Gentfrom Pennsylvania.
Mr. MOltItl L. I object to the amendment, because goat skins are already provided for at a different rate elsewhere, and if the amendment is adopted it will present the anomaly of 2 different rates fer the same article. The amendment of Mr. O’NEILL was disagreed to. Mr. O'NEILL. I have another amendment, as follows:. 0n raw goat skins in the hair. from any foreign port of shipment. 5%. advalorem. I merely wish to say a word. I offered an amendment some time ago which was ambig uous in its language. This is to confine it to any foreign port of shipment, so that Amer ican manufacturersJan have the advantage which foreign manufacturers now have. This gives to the American manufacturer the op or tunity of making up morocco from the s ins instead of buyin it. from abroad.
Mr. MORliIL. I have no objection to that.
The Clerk read as follows: SEC. 10. Abife: That, in lieu of the duties heretoforeimposedby law on the im ortation of the articles hereinaftermentio ed. there shall be lcvled.collected and paid the following duties and ratesof duty. that is to say: 0n artificial flowers. titty%. ad palm em: Pwrhoovlildyed. That artificial flowers when com‘osed or in part at silk shall besubject.in adtion to the forcqoing rate. to a duty of 25%. advalorem.
Mr. MORRILL. I move to strike out the last paragraph and insert in has thereof the followmg: On artificial flowerswhen imported in roses.buds. leaves and grasses.in grossfifly%.mlnalgrem, when im orted in bunchesor wreaths consistingof flowers. 1: grassescombined. refor sale and usq. 60%. valorcm; when made wholly or in part of silk. 75%. advalorcm.
The Clerk read as follows: On buttons. pearl. 50%. rid oalorem. on buttons of all other descriptions.not herein otherwise provided for 40%.ad valorem.
Mr. MORRlLL. I move to add the following. On blocking for shoes and boots. 40%. advalorem.
The Clerk read as follows: On Britannia and pewterware, 45%. all alorci i. “ii cobdlt and oxide of cobalt. 30%. ad onlorcm. “ shipment ds. leaves and Now, it is to obviate that difficulty that' l l | l
Mr. HOGAN. I move to amend by striking out “ 30 H and inserting “ 40." I do not think it necessary to say anything in reference to this. Cobalt is a product of our western country. It is found nowhere else in the U.S. I think we ought to advance the rate of duty upon it so as to enable us to manufacture it. There are other countries that produce it.
Mr. MORRILL. No objection. The amendment. was agreed to.
Mr. JLTHOMAS. I move to add the following: On.bichromuteof potash, 4 and a half cents perpound. The present dut is 3 cents perpound. The ore out of which it is made is found in Maryland in great quantities, and that isabout. the only State where it isproduced. It is used to fix colors to dyes. It is a very important branch of industry in our State, and one that needs protection. I hope the committee will accept it.
Mr. MORRILL. Mr. Chairman, the committee will remember that in the progress of the internalrevenue bill we took off all tax upon this article, which is essentially a raw material and 'enters into various other manufJa.ctures. Iftho Gentfrom Maryland [Mr. L. THOMAS] will be content with anincreuse from 3 to 3 and 1/2 cents, I will not object; otherwise I hope the proposition will he voted down.
Mr. JLTHOMAS. Will the Gentfrom the ComWays&Means agree to 4 cents?
Mr. MORRILL. No; not more than 3 and 1/2 cents.
Skip Skip The question was put on the amendment; and there were ayes 12, noes 18; no quorum votin. Telers were ordered; and Messrs. J. L. Tnouns and GARFIELD were appointed.
Mr. JLTHOMAS. Iwithdraw my amendment and move to make the duty 3 and a half cents.
The Clerk read as follows: On oorktree, bark of, unmnnufaotured. 20%.ad oulorcm.
Mr. RADFORD. tee rise. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Scorn 2m reporte that the ComWhole on the state of the Union had, according to order, had under consideration bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. And then, on motion of Mr. RADFORD, (at ten o’clock and 5 minutes p. m.,) the House adjourned. I move that the commit
Skip Skip PETITIONS, ETE. The following petitions, &c. worepresentednnrler the rule and referredtothe appropriate eoinmiitecs. By Mr. HARDING. of Ifi nols: '1‘liopetition of people of wnrren county, Missouri. for a bridgeat Quincy. Illinois. By Mr. MILLER: The petition of sundry citizens of Mitiiintown. Ponns ‘lVfllllfl for amending the tariff so as to protect la or to the extent of the difference of the cost. at capital and labor here and abroad.With the ad ition ot‘ the taxespaid by American' industrial pronetsfrom which the‘foreign are freBey. Mr.0‘NEILL: The petition of moroccomanufacturer; of the city of Philadelphia. asking that the utaforiefftuarcinmg iiybesoamendedas toprotecttheirman lnlOI‘cRf. By Mr. PHELPS: The memorial of George W. Graves and John Creamer. claiming compensation for lossof schooner Eanny Davis. Mr. SCHENCk: The memorial of G. Parker. of bio. the “dusly philose he;. " on Government phasesgenerally, w isky proibition. negro equality and pardons h ore conviction. with a postscript inquring for a site for a grist mill for himself and his son in liiw. By Mr. UPSON: The petition of membersof the 1st Miehmnnpavalry. praying for further compensation and rOlief. l
@@@IN SENATE SENATE. FRIDAY, July 6, 1866. Prayer by the Chaplain. Rev. E. H. GRAY. On motion of Mr. SfEWAllT, and by “Will: imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND iiiiiiomALs. Mr. HARRIS presented the petition of Me Clure 5‘. Miller, of Albany, praying that sole mon P. Smith may be allowed arrears of pension; which was referred to the ComPensions. Mr. WILSON presented the petition of Bre vet Brigadier General Ward B. Burnett, praying that he may be allowed arrearages of pension from the 4th of March, 1863, to March 4, 1866; which was referred to the ComPensions. REPORTS OF COMMITTEES.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill (H. It. No. 659) to authorize the exten' sion, construction, and use by the Baltimore and Ohio Railroad Company of a railroad from between Knoxville and the Monocacy Junction into and within the DistCol, reported it without amendment.
Mr. CLARK, from the ComClaims, to whom was referred a bill (H. H. No. 517) for the relief of Liston H. Pearce, reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. ($05) for the reliefofWilliam H. Wheeler, of Bangor, Maine, reported it with an amendment. Mr. WILSON. The ComMilAffrs , to whom was referred a bill (H. It. No. 540) in relation to claims for horses turned over to the Government, have instructed me to report it. adversely. I move that the bill be indefinitely postponed. The motion was agreed to., Mrl WILSON, from the same committee. to whom was referred a bill (H. it. No. 002) to equalize the bounties of soldiers, sailors, and marines who served in the late war for the Union, reported it with an amendment.
Mr. WADE. The select committee, to whom was referred the Senate resolution in reference to the adjustment of the inequalities of compensation allowed to the several officers'ond employees of the 2 Houses of Congress, with aview to the adjustment of the some in the Senate, lmVe had that matter under consideration, and have directed me to make a report accompanied bya bill. I move that the report be printed. he motion to print the report was ngreed to; and the bill (S.No.411) to, equalize the compensation of otiiccis, clerks, messengers, and others in the service of the Senate. with those of the HoRep, was read and issed to a secon reading.
Mr. W DE, from the ComDistCol, to whom was referred a bill S.No. 898) to incorpomte the Metropoli tan lub of the DistCol, reported it without amendment. He also, from the same committee, to whom was referred a bill (H. It. No. 7261 to extend to certain persons the privilege of admission, in certain cases, to the U.S. Government asylums for the insane, reported it with amendments. IEETRENCHMENT COMMITTEE.
Mr. EDMUNDS. Iam instructed by the ComCommerce, to whom was referred the resolution of the HoRep, providing for the appointment of aJtCommee on the subject of retrenching the expenses and correcting the abuses in the civil service of the Government, to report it back with the recommendation of the committee that the Senate concur therein; and I ask for the present consideration of the resolution inasmuch as I presume there will be no objection to it. it is not of course a resolution out of which any great results can be expect r d now to flow; but it provides for the only means the representatives of the people have to inquire into the abuses which in the course of time cree into the administration of the civil service of the Government. While I do not expect from it myself any great advantages to the people, I think that it will be useful to a ver considerable degree.
The PRESIENT protempore.lution will be read for information.
Mr. CLARK. I do not know that I have particular objection to the passageof the resolution; but lJthink it had better lie over for consideration. The power given to sit in the recess and send for persons and papers is a very broad one, and perhaps there had better be a little consideration in regard to it. It had betterlie over until tomorrow.
The PRESIDENT protempera. Objection being made to its present consideration, the reiolution lies over until tomorrow under the ru e. The reso DILL INTRODUCED.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduces. bill (S.No.410) for the relief of Solomon P. Smith; which was read twice by its title and referred to the ComPensions. ALOIS KLAUS.
Mr. HOWE. I move‘that the Senate pro'ceed to the consideration. of bill No. 164. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.164) for the relief of Alois Klaus. It directs the SecyTreasury to pay to Alois Klaus the sum of $32 90, in ful payment for moneys paid by him for transportation, and due to him for rations, while in the military service of the 'U.S. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. COMMITTEE CLERKS.
The PRESIDENT proiemporc.' The question is, Will the Senate proceed to the consideration of the resolution the substance of which has been stated by the Senfrom RhdIsland? The motion was agreed to; and the Senate proceeded to consider the following resolution: Resolved, That the annual epmponsation of the clerks of the ComMilAffrs and the ComDistCol shall hereafter be the same as thatof the clerks of the Committees on Finance Printing and Claims commencing July
Mr. RAMSEY. I should like to inquire what is the compensation of the clerk o the ComFinance.
Mr. SPRAGUE. The compensation of committee clerks now is 6 dollars a day.
Mr. SPRAGUE. No, sir; for the session but the clerks named in the resolution are paid all the year round.
Mr. RAMSEY. I have no objection to the resolution, but I think it should be more comprehensive, and that some committee should consider it in order that we may know whether other committee clerks ought not to be cm braced iu this resolution. It is very likely that there are other committee clerks quite as deserving of this increased comeusation nsthose who are named in the resolution. I do not oppose it, but I hope we shall not act upon it until we include all the cases that probably may require this kind of legislation. perhaps it would be as well to refer it to one oft e committees I suggest the ComContingent Expenses and let them report what other clerks of committees should also be embraced in this enlargement of compensation.
Mr. GRIMES. As I understand it, the clerk of the ComFinance now receives a compensation of $1, 850 a year. The clerks of the 2 committees named in this resolution receive each 6 dollars a day during the time they are employed. The one has an an nual salary, and the others are paid for the services that they render. The effect of this proposition would be to make the clerks of these 2 committees permanent officers, and to pay them every alternate year for 9 months when they are performing no service. 'When ever any resolution of this kind has hitherto been introduced it has always been referred to some committee. I do not know of any reason why we should single out these 2 particular clerks, making an invidious distinction between them and the other clerks at this time, without such a reference, without having the matter properly investigated by some commit tee. I iope, therefore, that the motion of the Senfrom Minnesota will prevail.
Mr. SHERMAN. 2 of the clerks of committees of the House and the Senate now receive an annual salary instead of a perdiem allowance.
Mr. FESSENDEN. 3 of the Senate: the clerks tothe Committees on Claims, Fi nance, and Printing.
Mr. SHERMAN. I did not know that the clerk of the ComClaims was included. The clerk of the ComPrintg receives it because he is required during the vacation to make out certain indexes and records, the precise character of which I cannot state.
Mr. SHERMAN. I am told that he is a very competent ‘person, and during the vacation he is employee in performing the duties that belong to that committee, making up indexes, &c. The clerks of the Committees on Finance of the Senate and Ways&Means of the House it seems to me ought to be salaried officers, because they have to prepare to some considerable extent for the discharge of their duties. Au inexperie’nced man wou d cause delay and trouble. I think the clerks of those 2 committees ought to be salaried officers. They should be men of considerable ability in that line, and ought to have great familiarity with the various laws relating to appropriations, and on ht to be able to frameteappropriation bil s. Those clerks have to perform the work of framing most of the bills. As to whether this compensation should be extended further than that is a matter that I cannot judge upon. The clerk of the Committee on laims must necessarily make'digests, and must have a great deal of manual labor to perform.
Mr. CLARK. He has been paid an annual salary for many years.
Mr. SHERMAN. Perhaps the Military Committee ought to haven salaried clerk. 1 do not think then; is anything lost by keeping these necessary officers and having them fairly paid. Most of the officers emplo' ed in the Senate are paid an annual salary. The clerks who per form their duties at the desk, receive an annual salary, although their duties are only performed a portion of the year; and so with many of the messengers and with many of the officers of the Senate. I think nothing is lost if we keep experienced men in office, because they are then ready to discharge their duties promptly, and generally with great fidelity. The longer they are kept the better they are. If there is any eeuliar knowledge're uired b the clerk of the filitary Committee, an I should think there should be, perhaps it would be well enough to substitute a salaried officer for a mere clerk with a perdiem allowance. The duties of the clerk of the ComMilAffrs during the last 3 or 4 years must have been very responsible and arduous. It would be much better to pay an increased salary in order to keep a competent man, a person familiar with the duties. If he is discharged at the end of the session, and is compelled to seek other employment, and if a new clerk has to be emplo e, it may be avery serious embarrassment to the committee in the discharge of theirduties.
Mr. DAVIS. I suppose that clerks to some of the committees are necessary; but many of these clerks seem to have a double calling. They are not only clerks of the nmittees, but many of them are slanderers an libelers and tradueers of the members of Congress. If a man is to be a clerk here, [do not think he ought to combine with it the character of a daily and habitual libeler of members of Con. gress and be supported from the public Treasury.
Mr. WILSON. Will the Senator allow me a single word?
Mr. WILSON. I will say to the Senator that the clerk of my committee is in no way connected with the press in any form whatever. He has no connection whatever with the press and never had.
Mr. DAVIS. I haveno objection whatever to any committee having its necessary clerk; but, although I am as impervious to the shafts ofsnch mali antslanderers asanylivin man, I protest against a score or more of cler is being brought here and paid, and supported by the public Treasury when their particular vocation is not to act as clerks to the committees and to facilitate the committees in the transaction of their business, but to send off their foul and false libels upon members of Congress. I shall not make any proposition in relation to the resolution of the honorable Senfrom RhdIsland nor inconnection with this subject; but men who stickle for the freedom of cbate and who are willing to assure to members of Congress the perfect liberty of debate, at any rate within legitimate and decent bounds, ought not to billet upon the public Treasury a set of infamous libelers and slunderers, the principal business of some of whom is not to act as clerks but to send forth their vile missives from the Capitol in order to abuse the public mind in relation to the sentiments and the course of members of the Senate and HoRep. Sometimes the missives of these creatures meet my eye; it is not oiten that they'do. but some of them have done so; and I know that that is the vocation of some of the men who occuppositions as clerks in the Depts an to the committees. Sir, if I was the chairmair of a committee, and had the appointment of a clerk, if that clerk dared to desecrate his position by uttering falsehood and calumny and endeavor to bring into contempt and degradation the humblest member of this Senate, I should immediately dismiss him. sd far as my action would have the effect, from the service of the committee, and t from thus being billeted upon the Treasury of the U.S. for the purposes of traduction and culnniny.
Mr. FESSENDEN. I asklleavo at this time to make a report from a committee of conference.
The PRESIDENT protempera. If there be no objection the report will be received.
Mr. DAVIS. If the honorable Senator will permit me, I wish to say a word in explanation.
Mr. DAVIS. do not mean in this denunciation to include all the clerks of committees. Some of them are gentlemen, modest, well behaved gentlemen, with whom it is m pride to associate. They are clerks, and am a Senator; but I receive them upon the ale of the equality of American citizens and merican gentlemen. It is only those blackguards and infamous libelers who indulge in the sort of missives that I have alluded to that I in tended to include in any remarks I have made. INTERNAL TAXATION.
Mr. FESSENDEN. There are a great many amendments, and most of the m are verbal and formal. The committee have examined them with very great care, and had no difficulty in coming to a conclusion except upon some half a dozen points, which were finally settled by Luna agreement satisfactory to all. It is too uch of a task for me to undertake to take u the report in detail and go through with it an state what it is in every respect. It has been read; but if any Senators have any iiestions to ask about particular points, I shal be very hop y to answer them and state how they are sotted. I may state generally that the differences are settled to the satisfaction of the committee of conference on both sides.
The PRESIDENT protempura. The morning hour having expired, it becomes the duty of the Chair to call u the unfinished business of ycsterdfy, which is Senate bill No. 217.
Mr. I'ESSENDEN. I hope that will be stpoued until we dispose of this report.
Mr. HENDRICKS. I wish to occupy the attention of the Senate but for a moment, and would like to conclude what I have to say now, if it is the pleasure of the Senate. I presume this subject is as important as any that will be brought before the Senate.
Mr. POLAND. I have no objection to the unfinished business being laid aside informally for the purpose of completing the business on hand; but I do not wish it to lose its place.
Mr. FESSENDEN. It will not lose its place; it. can be laid aside informally.
The PRESIDENT protempura. It is sug ested that the unfinished business of yester pay be laid aside by common consent tempo 1 rarily until the debate shall close upon this question. That will be the course pursued, no oh jection being made. The unfinished business is laid aside..
Mr. HENDRICKS. Heretoforc, as I understand cotton has been worth 9 centsa pound. It is worth more than that now, because of the great falling otfin its production. Suppose and it is very much to be hoped that it will return to its former market price it returns to that price of 9 cents aponnd, 1/3rd of that value is of imposed for the purposes taxation. Sir, what IS the tendency 0t this legislation? It is, to say the least of it, to embarrassthe production. The only article that we propose to tax as it comes from the face of the earth is cotton; and why? Is it because that article is produced in the southern States? I ask Senators if we are going to legislate in our revenue laws for revenue upon the principle of prejudice or sectional dislike.
Mr. STEWART. The Senator is mistaken in one statement. There is one other article taxed that comes from the earth, and that is gold, which I think is Wrong.
Mr. HENDRICKS. Before the Senator takes his seat I wish to ask him who is the author of the tariff bill in the HoRep, whether that bill came from any western man, or whether it is not from an eastern man. Was it not reported to the House by an eastern man?
Mr. MORRILL, a Representative from Vermont, who is chairman of the ComWays&Means, reported the bill; but I say here, and I want the Senator to understand it, that the beginning of the tariff movement this year originated with the wool growin interests of the orthwes‘t. They commence it, they began the agitation; they vis ited all parts of the country and tried toinduce the leading men of NewEngland to go into the movement, who feared to go into it, because they said, “ If you increase the duty on wool you must also increase the duty on woolcns, and we fear this thing”, Rellyou it has been imposed upon us, and whoever charges, from whatever section of the country, that the)res ent effort to make a new tariff came from assachusetts or from NewEngland, is altogether mistaken.
Mr. HENDRICKS. I am very much in ho cs now that the tariff bill can be beaten. I 0 not think that it can receive a western support, because it is not a revenue measure. It IS not claimed to be a revenue measure by its author, nor does the author, in the able s cock with which he introduced the bill into the HoRep, claim for it the positions assumed by the Senfrom Massachusetts. I was reading, on yesterday evening, his able speech which accompanied the introduction of that bill into the HoRep from the ComWays an Means, and I think the Senatoris not sustained by the authoritative declarations of the chairman of the committee when he reported the bill to the House. I recommend to the Senator to examine the statements made by the Representative who introduced the bill from the committee. I think he will find that that bill is claimed by its author, the chairman of the committee, as a protective instead of a revenue measure; but will join with the Senfrom Massachusetts in laboring for its defeat. I am willing to give to NewEngland and Penns lrania and NewYork all the protection that the very high tariff for revenue will now ive, and that is all they have a right to ask. hat revenue is to be very large. The condition of the Treasury requires it to be large. Incidental to revenue there is avcry large protection, such a protection as is given to the labor ofuo other plortion of the country; and if the income of NewEngland is so much greater.than the in come of the West, it is not because we cultivate poor lands; it is not because our people are not frugal and industrious; it is because the advantages of the present system are so much against us and for another portion of the count '.
Mr. WILSON. A single word in regard to the chairman of the ComWays&Means of the other House, who reported the tariff bill. I think the Senfrom Indiana if he will inquire carefully into it, will find that the chairman of that committee was often, and very often, overborne by others from other sections of the country. I think he will find, too, that the high duty on wool and on iron was put on that bill not by the choice of the chairman of that committee. If I have watched his course aright, I think it has been to make a moderate tariff, and one that would take care of all sections of the country and excite the hostility of no considerable portion of our people.
Mr. FESSENDEN. I really hope the senate is ready to. take the vote. Everybody is aware that this report must be taken asa whole, andI suppose everybody is prett well satis, lied that it will be taken, the who c of it, just as it is. If Senators are disposed, because of the cotton tax or any other, to vote that we shall have no bill at all after all the labor that has been given to this, they will so vote. I do not pretend to argue the matter; Iwill only say thatit is very important thatthe bill should be sent to the HoRep in sea son to get it through the House today. The bill has yet to be enrolled, and that will take a good while. If gentlemen really are deter mined that the love of talking shall conquer the heart, if they will sit here to talk instead ofacting on a matter about which the ultimate result is perfectly well understood, be it so. I hope, however, that they will be willing to take the question and not argue the tariff in advance. But if they do argue the tariff in advance I hope they will agree that when the tariff hill comes here they will consider their speeches as made and not then give them to us over again.
Mr. JOHNson. I am not about to argue, the tariff bill, nor to argue the propriety of this particular tax. I do not understand that any portion of the report'is objected to except that which relates to the tax on cotton. The report contains recommendations on a variety of other subjects, to which there has been as yet no objection. I assume, therefore, that all those portions of the report are satisfactory in the judgment of the Senate. I rise now merely for the purpose of saying that I think there should be no tax upon cotton, or if there should be any it should be fixed at the lowest sum that the Senate can get it adjusted at. The Senate last year fixed it at 2 cents, and we adhered to that at the present session. The other House placed it at 5 cents. A compromise between the 2 bodies, under the auspices of the committee of conference, fixes the tax at 3 cents. I believe the production will bear that tax; but I think it will certainly not bear the tax which the House had determined upon. Although I think this tax is unnecessarily high, yet as it apparently is the best which can be done for the producers of the commodity I shall vote to support the report of the committee. The report was concurred in.
The PRESIDENT protemporc. There is another question on the bill. The committee recommend a change in the text of the bill, which was not in controversy between the 2 Houses.
Mr. FESSENDI‘IN. Only strikingont 3 words. There are 3 words in one section which are inapplicable on account of changes made in other arts of the bill, and retaining them would on y lead to embarrassment. The proposition is a mere verbal change, and it becomes important in reference to the proper construction of the section. We did not feel authorized to change it, but recommend the 2 Housesito do it, as has been done in other cases.
The PRESIDENT protempore. The recommendation of the committee is in these words: “the committee of conference further recommend that the words by the collector’ in line 19. page 140 of the text of the engrossed bill, be stricken out.” It has been ruled frequently by the Presiding Officer of the Senate that a matter not in controversy between the twolIouses was not in the power of a committee of conference and could not be acted on by either House. The'Chuir will be advised, however, to receive any motion which may be made in regard to the matter.
Mr. CLARK. It maybe done hynnanimous consent, by the consent of both Houses. If we agreevto it and the other House agree to it, it may be done.
The PRESIDENT ro tempore. That would make a change in the liill, as a matter ofcourse.
Mr. SHERMAN. I think the engrossin" clerk could be directed bya resolution passedrby the 2 Honses to make the change.
Mr. FESSENDEN. This has been done before.
Mr. JOHNson. It cafmot be done without the consent of the other House.
Mr. FESSENDEN. Of course not. It is no part of the report proper, but is a mere recommendation, and itpeoncurred in b both Houses it is done. It is a mere verbal change, l to which there can be no objection.
Mr. CLARK. Iunderstand that it is only by virtue of the parliamentary law that it is not within the pourer ofacommittee of conference or within the power of either House to amend a portion of a bill which has been agreed to by both Houses; but it is clearly within the power of the 2 Houses, both consenting, to dispense with that parliamentary law and agree to an I amendment of the bill, even where the text of the bill has been a eed to by both Houses.
The PRESIDENT protempore. The motion is that the Senate concur in the recommendation of the committee ofconference, regarding a correction in the text of the bill which was There is no difficulty, not in controversy between the 2 Houses. Is there any objection? The Chair hears none, and the correction is ordered to be made by the Senate.
Skip Skip. A message from the HoRep, by Mr. McPar znsox, its Clerk, announced that the HoRep had concurred in the report of the committee of conference on the disa rec ing votes of the 2 Houses on the amendments to the bill (H., R. No. 127) makihg appropriations for the support of the Army for the year ending 30th of une, 1se7. l INHOLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President ro tempera:. A bill (S. ho. 125) granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Plaecrville, in the State of California; A bill (H.R.No. 127) making appropriations for the support of the Army for the year ending 80th of June, 1867, and for other purposes; A bill (H.R.No. 191) to amend an not making a rout of lands to the State of Minue sot a to aid5in the construction of the railroad from StPaul to Lake Superior, approved May 5, 1864; and A JtResolution (H.R.No. 149) declar atory of the law of bounty. PAYMENT FOR ARMY Bunnies.
The PRESIDENT protempore. The unfinished business of yesterday is now properly before the Senate, being Senate bill o.‘ 217.
Mr. SPRAGUE. I ask the honorable member from Vermont who has charge of that bill to consent to let it. lie for the present that a vote may be taken on my resolution which was pending this morning. I think there will he no further discussion upon it.
Mr. POLAND. I have no objectiOn to that ifthe resolution will take no time.
Mr. CLARK. I think there may be some discussion on it. Let us go on with this bill. The Senate resumed therconsideration of the bill (S.No.217) to provide for the payment for quarter master’s stores and subsistence supplies furnished to the Army of the U.S., the Ind ing question being on the amendment of Ir: Wltsos to strike out. in lines 6 and 7 of section one the words “or which may have been taken by such cili eer without 'ving such receipt.”
Mr. HOl E. Is that amendment open to amendment?
Mr. HOWE. Will it be in order, if those words are stricken out, to move then to insert other words in their place?
Mr. HOWE. Then shall reserve the amendment which I was about to propose.
Mr. CLARK. 30,000 soldiers in one State within the lines of this disloyal conui try. Let me ask the Senfrom Michigan if they were enemies. Mr; HOWARD. No, sir; they were not enemies because they were in the service of the U.S. as soldiers under the Military organization.
Mr. CLARK. They were not enernies, though within the lines of the rebellion. because they were in the service of the U.S. Then tell me if a man living by the side of those 30,000 soldiers in Tennessee who gave you his property to feed those soldiers, was not also in the service of the U.S., and entitled to be paid. SIGNAL o Lonn. 4 3613 Mr; HOWARD. Do you want an answer now‘.
Mr. CLARK. If the Senator chooses to give an answer, if he has any answer for it. it is the man who serves the country and maintains his loyalty to the country that is a friend of the Government. He may have been an old man who could not march with a regiment, who' could not carry his gun. but he may have said to the Government, "Here is all I have: take it for your service;” and the Government may have taken it from him and left him poor and almdst penniless, and shall that Government turn round when peace has come and say to him, “I will not pay you for this property?” Will the Government say to the soldiers, “ We will pay you 11 dollars or 13 dollars ament, and to the man who gives you rations we will not pay one cent?” Is that the justice of your Government? Is that the justice of the Government which wilfmake your Government he loved at home and respected abroad “Z Why, sir, it was to maintain the authority of the Gowernment over this part of the country; nay, sir, it was to protect these very Union men to whom we owed protection in that country, that we strove in his fight. 7 I will not say, as the Senfrom Michigan said, that he would not recommend his constituents to pay these loyal men. I say to you, sir, show me the loyal man that lived in that country and who suffered as some of those loyal men did, and not only will I advise my constituents to pay, but I will divide with him the last crust.
Mr. HOWARD. Perhaps you may have the opportunity.
Mr. C ARK. Those go to the court be ond $500.
Mr. FESSENDEN. I know; but many claims of $500 will amount to a considerable sum. Although I agree that I would in some cases pay such claims ifexhibited, yet I would scrutinize them very carefully, in the 1st place as to the character of the claim itself, and in the next place as to the character of the claimant. I do not 0 quite sofar as the honorable Senfrom Michigan, but I do not know but that his view is the correct one after all.
Mr. WILLIAMS. When this billwas brought forward I had grave doubts about its expedienc, and I am not now fully satisfied that it oug tto pass in its present shape, although I think it has been improved by the amendment proposed by the Senfrom Illinois. I do not intend absolutely to commit myself against the payment of any and all claims that may have accrued to loyal men in the southern States during the late rebellion; and I do not feel much inclined to commit myself absolutely to the payment of all such claims. I think that each claim must stand upon its own popular circumstances; and my 0 jection to this bill, if I have any objection, is not to any law providing for the payment of claims held by loyal men in the southern States so much as to the mode and the manner provided in this bill for the settlement or adjustment of these claims. I confess I have some apprehensions as to the effect of this bill upon that ground. A man under the provisions of this bill is not entitled to recover for the property which has been taken by showing that e is the owner of the property and then by showin that it has been taken and appropriated by the Government, but his right of recovery depends upon his loyalty. Now, loyalty is somet iing about which men widely differ, and I think I may safely say that when a man’s loyalty is brought in question, the decision depen s as much upon the sympathy and opinions of the ‘udge us it does upon the views and action of the man whose case is brought to judwment. This bilfproposes, in the 1st place, to refer a class of these cases to the QuarterMGen, who is to decide as to the loyalty of the claimant, and if persons making claims before him are found, in hisjudgment, to be loyal, they are to be paid, or judgment is to be rendered in their favor, and Congress is to appropriate the necessary amount of money to pay that judgment.
Mr. HOWE. As the Senator asks why the Union men down there did not make their influence felt when Fort Sumter was fired upon, I wish to ask him why we did not take some measures to punish that offense which was committed against this nation in Charles ton lilirbor?
Mr. HOWARD. I see the pointof the senator‘s question, and I am very glad he has suggested that view, for I desire to make a reply to it. It has been said in this Chamber, and repeated over and over again, that the (Pallegiance is cOrrelativo to the duty of protection; and the inference is, that a party in the rebel Suites who had not been protected by the Government of the U.S. had the right to go into the ranks of the rebellion, and that he could do this without incurring the uilt of treason, simply because he was acting in obedience to the fade government of his State.
Mr. LANE, of Indiana. I move that the Senate take a recess until 7 o’clock, so as to have an evening session for the consideration of pension bills.
Mr. TltUMBULL. I hope not. Let us dispose of this bill. This bill will come up at 7 o’clock if we take a recess now.
Mr. LANE, of Indiana. No, sir. Thereis a special order for 7 o’clock which I had fixed for the purpose of passing some pension hills, which every Senator is interested in.
Mr. TRUMBULL. I think it very manifest that if we take a recess now this bill will be discussed again tomorrow in the same way that it has been today and was yesterday. We have'got to have a vote upon it at some time, and I think we had better hold on to it now until we finish it.
Mr. LANE, of Indiana. understand that there was a resolution passed yesterday morning fixingthis evening at 7 o’clock for the consideration of bills from the Pension Committee.
Mr. TRUMBULL. I am aware of that, but we can suspend that resolution just as we did the special order today. The Senfrom Massachusetts [Mr. WILSON] had a special order for one o’clock to dny, but it was set aside by the unfinished business. My judgment is to hold on to this bill now until we finish it, and Ihope the Senate will do so. Let us kill it or enact it into a law, so far as we can do so.
Mr. LANE, of Indiana. I do not know whether a motion to take a recess is debatable.
Mr. LANE, of Indiana. If it is, I should like to say that in my opinion greater importance attaches to the passage of these pension bills than of the bill now under consideration.
Mr. LANE, of Indiana. we are roping now to pass a bill to indemnify loya pexns in the rebel States. I shall wte for it; but I do not consider that claim any more sacred than our duty to pay our maimed and wounded and crippled soldiers and the surviving orphans and widows of those who have been killed the pensions that are due to thorn. under the law., for one, would rather pass these 20 or 30 pension bills than pass this bill, if they were antagonized; but I do not see any necessity for that. When the order of the Senate was taken yesterday, it was peremptory that at 7 o’clock this evening there should be a session for the consideration of bills from the Pension Committee.
Mr. TRUMBULL. We shall get through with this bill before 7 o’clock. Let us go on with it.
Mr. LANE, of Indiana. Perhaps there is not a single Senator in the Senate who is not interested in some one of these pension bills. I‘am as little interested in them, perhaps, as anyone else. The Senator will I
Mr. CLARK. Let us go on for half an hour or so with this bill.
Mr. LANE, of Indiana. I have no objection to oing on with it but I do not want it to interfere with the order for 7 o’clock.
The PRESIDING OFFICER, (Mr. PonsuoY in the chair.) Docsthe Senator withdraw his motion? "
Mr. CONNESS. There" is nothing inconsistent in the 2 objects desired to be accomplished. I hope we shall go on now and vote on the bill before us. The Senate, I apprehend. have discussed the subject sulficiently. We have heard all sides of it. There are amendments to be offered
Mr. LANE, of Indiana. And speeches to e made.
Mr. CONNESS. The Senator says there are speeches to be made upon it. How‘does he know that?
Mr. LANE, of Indiana. The Senator who has charge of the bill told me that he desired to say something upon it, and I think itvery proper that he should speak upon it, and I shall hear him with great pleasure.
Mr. CONNESS. I, too, am a friend of this bill with proper amendments, but I shall not give my vote from day to day to keep it before the Senate to the exclusion of all other business, if it is to be kept up merely for the ar pose of listening to speeches when the ther mometer is at 80 eightdegrees in the Chamber. If that course is to be pursued, I shall give my vote against continuing it, whether it comes in the shape of a 0st onement or not.
The PRESIDING OF tIC R. The Senfrom Indiana moves that the Senate take a r'ecess until sevep o’clock.
Mr. LANE, of Indiana.' If there can be a vote on the bill, I will, withdraw that motion. I am as anxious to have a vote upon it as anybody.
Mr. POLAND. I had designed to say a i very few words in reference to.the amendment that is proposed and upon the bill itself; but ten minutes would be as much time as I should desire.
Mr. POLAND. If no other gentleman desires to say anything, we shall have ample time to finish this bill before we take a recess.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Indiana.
Mr. LANE, of Indiana. I withdraw the motion. I understand the Senate are ready now to go right thr'ough with the bill.
Mr. HOlld'ARD. NOdifference in point of principle.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Massachusetts.
Mr. HOWE. I move to amend that amendiment by strikin out all after the word “and, ” in the 5th line, own to the word “ receipt, ” in the 7th line, and to insert in lieu thereof “taken upon the returns of the proper officer."
Mr. JOHNSON. How will it read then? TheSsens'rAiw. It is proposed to include in the words proposed to lie stricken out the words “ receipted for by the proper officer receiving the same, ” and to insert “taken up on the returns of the proper olllcer;” sothatif the amendment to the amendment be adopted the 1st section will read: That all claims of loyal peisons.not excoedinirm for quartermuster’sstores actually furnished to the Army of the U.S and taken up on the returns of the proper officer may be submitted to the QuarterGen.
Mr. HOWE. The point of the amendment is this: the entering the m on the return of the officer is the evidence that the U.S. gets the benefit. These are quartermnster’s and.commissary stores which we provide for payin. If they are entered on the returns of the 0 car he becomes chargeable with them and must disburse them just as he distributes other stores furnished by the different depts.‘ Ifhe does not enter them on his returns the evidence is conclusive that the Army does not get the benefit of them, but that the property was applied to the personal use of the officer taking it.
Mr. JOHNson. I understand now what the honorable member’s object is; but how is that accomplished by saying “taken up on the returns?” You mean entered on the returns, ” I su 0se.
Mr. HOWE. That is the term, I believe, that the officers themselves use.
Mr. JOHNsonL’ “Taken up on the returns ‘2”
Mr. HOWE. That is what I mean by it, at all evfis, and I understand that to be the term i se by the accounting officers at these depts. It is evident that we do not mean to pay for property taken by officers and applied to their own use, whether they have receipts or not. Itwill be within the reco lection of the honorable Senfrom NewHampshire that the ComClaims refused to pay for a horse taken in Virginia, although the uartermaster fiking it gave a receipt for it. ’hy? Because he never entered it on his returns, he never accounted for it to the U.S., but took it and appropriated it to his own use. It was a more trespass. I do not suppose we intend to hold ourselves r e sponsible for the trespasses committed by our own officers.
Mr. CLARK. There may be and undoubt edly are cases where the property taken went to the use of the Army, and 'ct where it does not apenron the returns. ‘here was a case, as the Senator will perhaps be aware of, where a considerable portion of ptobacco was taken at. the city of Atlanta and distributed by GenlSherman . It did not appear on he nurtermaster’s return, but yctwe meomm nde that it be paid for. We did not pay for the horse in the case referred to, because it did not appear by the return or in any other way that it went. to the use of the Army, and we supposed the man kept it.
Mr. HOWE. There was a case where, assuming the power that belongs in the Legislature and nowhere else, under very peculiar circumstances, an officer commanding a great, army did take possession of some tobacco, which I believe is not a ration. The soldiers. of his army being in a position where they could not urcliase this article, he took it and distribute it, and the committee recommended, that the Legislature should pay for it. But I take it we could not authorize either the QuarterMGen or the Commissary General to audit claims. for such property. It is neither a commissary nor a quartermaster store. This bill only provides for paying for quartermas ter’s stores and commissary stores, and every dollar of each of those articles of property which goes to the use of the Army is entered on the returns of the quartermaster or the commissary. That is the way he makes himself chargeable for the property, and then he discharges himself by delivering it to the use of the troops.
Mr. HOWARD. There is no precedent to pay persons who were resident in the rebel States during the war, and the Senator is now endeavoring to fix and settle that question.
Mr. TRUMBULL. Then the whole prece dent is this, and that is what you are alarmed about when you speak of a billion of dollars: that you are willing to pay a man in Kentucky and are not willin to pay one in Tennessee. Here was M 'or ewis e other day in this city, the old riend of General Jackson, who owned property all around Nashville and gave all he had to your Army to feed it when there, bringing with him the certificates of his loyalty from Major Generals Thomas and Granger and Palmer, and every man who was ever thereo a man tottering, over fourscore ears of age, bearin with him here the open allot that he gave when the question of secession was presented to the voters of Tennessee and when he marched up to the polls in the neighborhood of Nashville, and with an open vote, and giving his reasons why he could never vote for secession or to dissolve this Union, placed it openly before the judges; and that man you will not pay; it is a dangerous precedent to pay him; but if he had been on the other side, over in Kentucky, You would have paid himl
Mr. HOWARD. The Senator will allow me one word. I would pay such a claim as that for this reason: that the claimant has actually and voluntarily contributed without being constrained to it his means and efforts to give success to the Union Army. That shows a will and a purpose which I admire.
Mr. TItUMBULL. The bill provides to pay nobody except he can show his 10why aflirmatively. It is stricter than the o d law. As now amended, the party must show aflirmatively that on every occasion where it was rac ticable he has manifested his loyalty and dbvotion to the Union. And now how preosterous to say that this will take a billion 0 money! Why, sir, the whole supply of your commis sary and quartermaster’s depts did not amount to a billion, all they ever used. It is no answer to get up scarecrows about a bill without examining it.1,000 millions of money was never used by both depts from the beginning of the war to the end; and yet Senators come in here and make such grave statements as this, and talk about precedents, when they have been living under a law like this 2 years, and a law not as closely guarded as this; and the Senfrom Oregon, to my utter surprise, when talking about the danger to this Government, talked about sending out a congressional commission to my claims for damages at random all over the U.S.! I do not know but that you would get a billion of dollars then. It is a great deal safer to put the matter under the checks and guards that are thrown around this bill, and in your Court 'of Claims, where you will have attorneys, and where you will have cross examination, and where you will subject every claim to a judicial investigation before you will pay one of them that amounts to more than $500.
Mr. WILLIAMS. Mr. President, I am somewhat surprised at the very emphatic manner in which the honorable Senfrom Illinois condemns me for making any distinction between loyal and disloyal States of the Union. Now, sir, if there be no distinction I should like to know how he reconciles himself to the position which he occupies here as opposed to the representation of those States in Congress at this time. I have supposed that that distincTT has been recognized in more ways than one by Congress; and because the law has provided for the payment of men in the loyal States to whom the Government has become indebted, does it therefore follow that those persons in the seceded States whose claims originated in this war are to be paid by the Government. I should like to know why the law to which the gentleman refers at the time it was enacted made a distinction between the loyal and the disloyal States.
Mr. TRUMBULL. Because at that time we were in the midst of the rebellion.
Mr. WILLIAMS. No doubt of that, and, sir, we are forgetting the lessons of this war every day. There is no more reason now why a law should be passed paying indiscriminately all persons in the South who may make it ap ear that they are loyal for claims which they have against the Government than there was in making a law to that effect at the time the law to which the gentleman refers was passed, for the claim of a loyal man then was as good as the claim of a loyal man at this time. Now, sir, the gentleman represents that we have manufactured a scarecrow, or at least that the honorable Senfrom Michigan did, in saying that this might lead to the expenditure of a'billion dollars. I did not understand myself to say that that expenditure would accrue in the payment of these claims, but I so., and the intimation has been distinctly made here already in this discussion. that you pay these men for the property which the officers of the Federal Army took for the subsistence of the Army it will be followed by a claim to payfor the property which the Federal armies destroyed helongin to Union men.
Mr. TRUMBULL '. Have we done that in the loyal States?
Mr. WILLIAMS. We have not done it in the loyal States.
Mr. TRUMBULL. Why should we do it down there any more than in the loyal States?
Mr. WILLIAMS. Because the argument will be, and it will be dilficult to meet, that if a man who is a loyal man there had property which was taken by the Government with or without a receipt and if he is entitled to pay for that property, then he is entitled to pay for property that was destroyed. I do not say that we shall do it, but I say that that argumentwill be forced upon us, and it will be didicult to meet it; and it is in that respect that I fear the precedent. Now, sir, I deny that the honorable Senator can putme in the position of refusing payment in the case which ie has presented in his re marks, because I do not eny that there may be cases of peculiar hardship arising where indemnity should be made; but this bill, as I understand it, deprives Congress of all juris diction over the subject, turns this whole matter of adjustin these immense claims, im mense in number and amount, to another dept of the Government. That may be right; it may be safe; but so far as I am concerned, I have apprehensions that it will not be found to be ajudicious law.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Wisconsin to the amendment of the Senfrom Massachusetts.
Mr. HOWE. I wish to modify my amendment by saying “entered upon” instead of “taken up.” Senators about me think that is a better form of expression.
The PRESIDING OFFICER. It is in the power of the Senator to modify his amendment, and that modification will be made.
ThePRESlDINGOFFICER. The question now is on the amendment moved by teSenfrom Massachusetts, [Mr. WILSON 1
Mr. FESSENDEN and Mr. SUMNER called for the yeas&nays; and they were ordered.
Mr. HARRIS. I ask that the amendment may be reported.
The Secretary read the proposed amendment, which was in lines 6 and 7, of section one to strike out the words “or which may have been taken by such officer without giving such receipt.” The Secretary rocceded to call the roll.
Mr. CLARK, when his name was called.) I agreed to pair with the Senfrom Iowa [Mr. GRIMES] who has left the Chamber until the adjournment. The result was announced yeas 17, nuys 18; I9. So
Mr. WILSON. The adoption of that amendment makes it necessary to strike out the same words in the 2nd section and in the 3rd section; in the 2nd section in lines 4 and 5, and in the 3rd section in lines 5 and 6.
Mr. TRUMBULL. The Senate has just decided upon that question by a yea and nay vote. These are the words of the old law applicable to the loyal States, but it a plied to hentucky and Missouri, and is the law now and applies to all these cases. The bill is a very restricted one. No great amount of claims can come under it. It has been in operation for 2 years, and the whole amount allowed by the commissary and quartermaster’s depts a short time ago, as reported, was less than halfa million; I think only about aquarter of a million, when we got the report, since the session commenced.
Mr. WILSON. Can the Senator tell us how. much has been claimed?
Mr. TRUMBULL. We had the amount; I do not recollect what it was; 3 or 4 millwnr. I think, in all these States. he Senator accomplishes nothing cer. lY
Mr. TR UMBULL. The loyal States included those States where our armies were, the State of Missouri, the State of Kentucky, the State of WestVirginia, and the State of Maryland. It is the present law, and I really think the Senate is making a mistake in striking out those words. '
Mr. HENDERSON. Claims were presented from all the States. The construction given outside to the law of 1864was that claims could be allowed from all the States, and they presented claims from Virginia, Georgia, Alabama, and elsewhere.
Mr. TRUMBULL. They presented those claims but they were not allowed. Claims were brought up from all the States under the lawas it is, but the officers construed the law as applying only to the loyal States.
Mr. HEN EBSON. To citizens of loyal States.
Mr. TRUMBULL. Yes; it must be citizens of loyal States who presented the claim.
Mr. HENDERSON.‘ And the taking must have been in a loyal State.
Mr. TRUMBULL. That was the construction put upon it, although there were claims brought in from the other States,
Mr. WILLEY. I regret, with the Senfrom Illinois, that this amendment has been made. Of course it indicates the sense of the Senate as to those words in the other sections. I shall be under the necessity of voting against the hill alto other if it b. but in this form, because while am exceeding y desirous to extend justice to loyal men in the southern States, I want to retain as much as possible of it for the loyal men who come within the purview of the law in the loyal States. The effect of this bill so amended will be to repeal the law as it exists already. What will of the result, then, upon the States of Missouri, Kentucky, West 1 irginia, and Maryland ‘I Every loyal man who has furnished supplies to the Army; who has fed our soldiers; who has furnished forage; every loyal man who has thus placed himself in a relation to the Federal Government which, if he sustained the same relation to an individs nal, would justify an action of assumpsit and the recovery of a judgment and an execution to secure payment for his property, would be deprived y the recal of the law as it now exrsts of enforcing is just claims against the Government.
Mr. FESSENDEN. The Senator can avoid that by just making an amendmeht confining this bill to the States that were declared in insurrection.
Mr. FESSENDEN. I do not like to be rnis understood; I will not say with regard to the honorable Senfrom WestVirginia that he misrepresented, because he never intentionally misrepresented anybody. My objection to the bill is not founded on the idea that I would not pay a Union man if I could find him and his claim was established. That I have not as serted. I 0 with the Senator in that res set, so far as am concerned. He might iave spared all his eloquent appeals to “Andersonville, " “gory shroud, ” and all that kind of thing, which I do not think very good argument, especially on a matter of money, a matter of business, although it may be very good eloquence. My objection is to the mode in which you are getting at it. I will not put all these claims that may arise in the 11 disloyal States into the hands of a clerk in the QuarterMGen’s office, without any written testimon to look into, for him to report 0n4 them as 0 may choose to report. God only knows what sort of clerks you may have to do it. My objection, as I have said before, is that I will not put the Treasury of the U.S. into the hands of such an officer. I do not like the mode proposed. I do not know when the law to which reference was made was passed, but it certainl passed without my observation.
Mr. FESSENDEN. I did not know until this bill came up that there was such a law in existence; but there is not the same danger in such a law confined to the loyal States. In the 1st place, confined to those States it was very much less extensive, and in the next place, we do not look there for disloyal men.
Mr. HENDRICKS. I wish to ask the Senfrom Maine if he has not consented that in the Dept over which he resided clerks examining claims should adjudicate upon claims amounting to 1000s and 100s of 1,000s of dollars for vessels taken and which we agreed to pay for if the vessels were lost, without any evidence except parol testimony.
Mr. FESSENDEN. Everything there goes through the regular accounting officers.
Mr. HENDRICKS. Just so; but they were examined by clerks, as these claims will be examined by clerks.
Mr. FESSENDEN. That may be. but they passed under the hands of the accounting officers afterward. But at any rate questions of this sort have not come up before. Another thing I will say to the Senator, that if it is wron there it is wrong here, and if it. iswrong here think it is wrong there.
Mr. HENDRICKS. I do not think it is wron in either;
Mr. HENDRICKS. I think the man ought to be paid.
Mr. FESSENDEN. When the Senator puts it to me, “ Was it not so in your Dept?" that proves nothing if it was wrong.
Mr. HENDRICKS. I think the Senatorwas in the Senate when that bill was passed which requires the Depts to pay for vessels that were taken on the rivers an were lost in the service.
Mr. FESSENDEN. Very likelyI mayhave been. I have done a great many unwise things irli1 my day, and probe ly that was not one of them.
Mr. FESSENDEN. But the answer that is made in this case, “was it not so in another case, ” and so on, does not prove anything. That is no answer to an argument. Many things are done wrong, but they do not form a justifiable precedent for others. What I have spoken of is the great extent of these claims, extensive as they must be; and with what we have seen of the facility with which the most red handed rebel can be proved a loyhl man, I am unwilling for the next 5 or ten or 15 or 20 years to put the Treasury of the U.S. into the hands of clerks of the Depts. I would rather the claims should go through the Court of Claims, and be iroperly adjudicated. I rose merely to say that I objected to the mode, and not to the thing. Prove to my satislhction that the property of a loyal man has been taken by our armies and used for the benefit thereof, and I am willing to pay him.
Mr. LANE, of Indiana. I move now that the Senate take a recess until 7 o’clock. The motion was agreed to. EVENING SESSION. The Senate reassembled at 7 o’clock p. m. THADDEUS nrA'r'r.
Mr. POMEROY. I move to post“ one the consideration of the measure which has been under consideration this afternoon and take up Senate bill No. 367. a
Mr. LANE, of Indiana. I suppose it is not necessary to make a formal motion to postpone; I will give way for a moment.
The PRESIDENT proIem ore. The Chair is of opinion that the unfinishedbusiness on which the Senate was engaged at the time the recess was taken is now properly before the Senate.
Mr. POMEROY. I move to postpone the unfinished business and take up the bill (S.No.367) to extend the time of letters patent issued to Thaddeus Hyatt. It isa bill which has been reported from the ComPatents, and will ekeite no discussion I think. The motion was agreed to; and the bill (S.No.367) to extend the time of letters patent issued to Thaddeus Hyatt was read the 2nd time.,
Mr. GRIMES. How did that bill come h fore the Senate? I desire to inquire.
The PRESIDENTprotempore. It was taken up on the motion of the Senfrom Kansas.
Mr. GRIMES. I thought the understanding was that we were to take up pension business this evening. This 5abill for the extension of a patent. I object to its being considered now.
Mr. POMEROY. If anybody has any objection to it, I will consent to let the bill go over.
Mr. GRIMES. I object to any case of that kind being taken up now.
Mr. POMEROY. Letthe bill be laid aside. I did not suppose anybody had any objection to it.
Mr. GRIMES. I do not know anything about it. I did not come here prepared to consider such subjects to night.
The PRESIDENT protemporc. will be laid aside. PETER ANDERSON.
Mr. LANE, of Indiana. I move to take up Senate bill No. 79. g The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.79) for the benefit of Peter Anderson. It provides for the payment to Peter Anderson of $1, 128, in full for back pension, at the rate of 6 dollars permonth, from the day he received his wounds to the day his pension commenced, un'deraward ofComrPensions; that is, from November 7, 1847, to July 13, 1863. The bill was orderengross for a 3rd reading, and was read the 3rd time and passed. ANN stinsnnv.
Mr. LANE, of Indiana. I move now to take up for consideration House bill No. 461. The motion was agreen to; and the Senate resumed the consideration of the bill ('H.R.No. 461) anting a pension to Ann Sheehey. The bilfiroposes to direct the SecyInterior to place the name of Ann Shee hey, of Boston, Massachusetts. on the roll of invalid pensions, and pay her the sum of 8 dollars permonth during her widowhood; and also to direct the proper accounting officers of the Treasury to settle and adjust the accounts The bill of John Sheehey, late a private in company D, 28th Massachusetts volunteers, and pay to Ann Sheehey the amount that may be ound to have been due him on the 3d day of July, 1863, the date of his death.
Mr. GRIMES. Is there a report in that case?
Mr. LANE, of Indiana. Yes, sir; the report of the House committee was read on a former occasion. T he bill was ordered to a 3rd reading, read the 3rd time, and passed. WILLIAM CROSWELL. b.ilOl n motion of Mr. LANE. of Indiana, the (S.No.354) for the reliefof William Cros well was read the 2nd time and considered as in ComWhole. It is a direction to the SecyInterior to place the name of “'llliam Croswell, of Boston, Massachusetts,0n the roll of invalid pensioners, at the rate of 8 dollars per month. to commence on the 1st day of ‘ebruary, 1865,
The Secretary read the following report, made by Mr. LANE, of Indiana, from the ComPensions: The ComPensions, to whomwasreferred the petition of William Croswell, have considered the same and begleave to report: paIpt earsppears from t hopetition and accompan in; that the petitioner shippedon board the U.S. steamerColumbia in december.1862. In January following the Columbia.waswreckedon the coast of NCarolina and the petitioner. in attempting to lea from the vesselinto n.boat which wasbeing tosse about by the waves.struck his side against the thwarts and produced a rupturez Ilis injury wasaggravatedby exposurein wet and insuf ficient clothing and by bad treatment.as a prisoner, by the rebels be having beencapturedand taken to Richmond after his escapefrom the vessel. He is now unable to support himself and asks a pension of the Governmenl. He is unable to produce evidence from those who were present at the time of the accident, in asmuch as in the general confusion which prevailed scarcely anybody noticed it. One witness. upon whom he depended for proof, has deserted sipeo his exchange and is not available. Ample testimony is submitted, however, thatthe alleged disability does exist and that it did not exist before the petitioner entered the service. The committeeare of the opinion that the case is meritorious, and they submit here with a bill allowingthe petitioncrnpension of 8 dollarsper month, to commence on the 1st day of February.1865. The bill was reported to the Senate.
Mr. GRIMES. I suggest to the Senfrom Indiana that the bill does not put this man on the naval pension list.
Mr. LA 'E, of Indiana. No; we doubted about the propriety of that, as this occurred on a Government transport.
Mr. LANE, of Indiana. No; he ship ped on board a Government transport. We have put a provision that the pension shall be paid out olpthe naval persion fund in those cases where we thought it proper. I have no objection to such an amendment here if the Senfrom Iowa thinks it proper.
Mr. GRIMES. It strikes me that the committee may possibly have made an error in this case. They say in their report that “ it appears from the petition and accompanying apers that the petitioner shipped on board teU.S. steamer Co umhia in December, 1862.” If she was a U.S. naval vessel, he would be entitled to be put upon the naval pension roll; but if he shipped in an Army transport he is not entitled to a pension at all, because all the Arm transports that I am aware of were chartere under charterparties, and those who were employed as seamen on board of them were paid by the persons who executed the charter parties. I think it will be discov ered that if this man shipped on the Columbia I have no recollection of any such vesselvbe longing to the Navy he was not in the U.S. Government service at all except in so far as the vessel to the crew of which he be longed was in the Government service.
Mr. LANE, of Indiana. I think he was in the service in a transport. He was captured and taken to Richmond afterward and was returned as a risoner of war, at all events.
Mr. GRIMEJS. I observe that he says in the petition that he was shipped as an ordinary scaman in the U.S. naval service. If so, he ought to go on the naval pension fund. There does not seem to be any testim' ony to support the case, though.
Mr. LANE, of Indiana. He accounts for the absence of testimon on the ground that he was ca tured and talien prisoner, and the witness who was with him has deserted our service, but there is abundant proof of the nature of the injury. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. LUCINDA GATES.
Mr. LANE, of Indiana. House bill No. 616. The motion was agreed to; and the bill (H.R.No. 616) for the relief of Lucinda Gates was considered as in ComWhole. It provides for placing the name of Lucinda Gates, widow of the late Horace Gates, of Franklin, Vermont, on the roll ot'invalid pensions. she to be aid the same pension during her widowhood, from the death of her husband, as was allowed him perspecial act approved July 4, 1864. The bill was reported to the Senate.
Mr. WILLIAMS. I should like to inquire what the special act is to which reference is made in this bill.
Mr. LANE, of Indiana. There is a House report aceom anying the bill which can be read if desired. e examined the papers and found the ease entirely satisfactory. I cannot remember the facts of this particular case, there are so many of them.
Mr. WILLIAMS. I do not ask for the reading of the report if the Senator will state the case.
Mr. LANE, of Indiana. It is a House bill. I do not remember the facts of the case, though I know that we examined the papers and found them satisfactor.
Mr. RAMSE. I imagine that our committee had before them all the evidence on which the House committee acted.
Mr. LANE, of Indiana. We had all the evidence, and examined all the papers which were before the House, and finding the House report satisfactory, we ado ted it for ourselves.
Mr. WILLIAMS. I will not insist on the reading of the report, but I supposed the Senfrom Indiana could explain in a word what the bill meant.
Mr. GRIMES. We have just passeda bill where we had no evidence at all.
Mr. LANE, of Indiana. The committee examined all the papers. If all the apers were not here, we sent to the House of) representatives and got every paper they had acted upon, and examined every one separately, and wherever the House report was satisfactory we did not make a new report. The bill was ordered to a 3rd reading, was read the 3rd time, and passed. REUBEN CLOUGH
Mr. LANE, of Indiana. I move to proceed to the consideration of Senate bill No. 171, for the relief ofReuben Clough, which was reported by the Senfrom Vermont, [Ma Ephesus] The motion was agreed to; and the bill (S.No.171) for the relief of Reuben Clough was considered as in ComWhole. The purpose of the bill is to direct the SecyInterior to place the name of Reuben Clough on the invalid pension roll, at the rate of eight dollars permonth, commencing on the 16th day of May, 1815, and ending on the 29th day of December, 1848, when his present pension was allowed him at the Pension Bureau. The ComPensions proposed to amend the bill by striking out, in line 6, the Words “15th day of May, 1815, ” and inserting 1st day of January, 1816.”
Mr. GRIMES. vDoes the Senfrom minnesota want the report read in that case?
Mr. BAMSEYr I have no objection. I move to take up
Mr. LANE, of Indiana. There is a report aeconipaning this bill.
Mr. GRIMES. This is a regular old stager. It has been here ever since I have been in the Senate. The claim runs back to 1816. It has been a favorite with the Vermont Senators, if I remember aright, for the last ten years.
Mr. LANE, of Indiana, the Senate resumed the consideration of the bill (H.R.No. 464) for the relief of John Gordon. It is a direction to the SecyInterior to place the name of John Gordon, late of company G. 9th U.S. infantry, upon the pension rolls at the rate of 8 dollars permonth, to continue during his natural e.
Mr. LANE, of Indiana. I move to take up Senate bill NO. 359 for consideration. The motion was agreed to; and the bill (S: No. 359) for the relief of Hopestill Bigelow, of New Market, NewJersey, was read the 2nd time and considered as in ComWhole. It provides for the payment to Hopestill Bigelow 0f$710 932;, in full for pension due him from the 17th day of April, 1837, to the 26th day of June, 1848, at torate of $5 33 permonth, which pension was improperly suspended and not paid to him, and to which he was entitled during that period. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. rumor A. sroexs. On motion of
Mr. LANE, of Indiana, the considered as in ComWhole. bill (S.No.358) grantin Nancy A. Stocks was reconsidered as in ComWhole. Its purpose is to direct the SecyInte rior to place the name of mrs. Nancy A. Stocks, widow of Reuben Stocks, latea private in company K, 18th regiment Il ine is infantry volunteers, on the pension roll at the rate of 8 dollars permonth, to commence from the 11th day of June, 1803, and to continue during her widowhood. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. ABRAHAM LANSING. On motion of Mr. LANE, of Indiana, the bill (S.No.366) granting a pension to Abra ham Lansing was read the 2nd time at nId is a direction to the SecyInterior to place the name of Abraham Lansin, late a master’s mate in the U.S. avy, on the pension roll at the rate of ten dollars permonth, to commence from the passage of the bill, and to continue during his natural life; the pension to be paid out of the naval pension fund.
Mr. VANWINKLE. I move to amend the bill by striking out in the 7th line the word “bill” and inserting “act.”
The PRESIDENT protempore. rection will be made. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. MARY A. PATRICK. “
Mr. LANE, of Indiana. I move to take up for consideration House bill No. 495. The motion was agreed to; and the bill (H.R.No. 495) for the relief of Mary A. Patrick was considered as in ComWhole. It proposes to direct the SecyIii terior to place the name of Mari A. Patrick, widow of Matthew A. Patu'ck, who was a captain 1st artillery U.S. Army, on the pension rolls at the rate of 20 dollars permonth. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. a pension to Mrs. That cor MARY A. M’MANUS.
Mr. LANE, of Indiana. I move to take up House bill No. (384. The motion was agreed to; and the bill (H.R.No. 684) granting a pension to Mrs. Mary A. McManus, widow of Captain Andrew McManus, late of the 69th Pennsylvania volunteer infantry, was considered as in ComWhole. The SecyInterior will by its provisions be directed to cause the name of Mrs. Mary A. McManus, of Philadelphia, Pennsylvania, widow of An drew MeManus, late a captain of the 69th regiment of Pennsylvania infantry vol unteers, to he placed on the pension rolls at the rate of 20 dollars permonth, to continue during her widowhood, and the pension is to go to the child or children of Andrew McManus until they arrive at the age of 16 years, in the event of the death or mar riage of Mary A. McManus. he bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. DRUSEY A. LAYMAN. On motion of
Mr. LANE, of Indiana, the bill (S.No.376) grantin a pension to Drusey. Layman was readte 2nd time and considered as in ComWhole. It is a direction to the SecyInterior to place u n the pension rOIl the name of Druscy A. yman, of Palatine, Marion county, WestVirginia, widow of Engenins E. Layman, deceased, late a private in company C, 17th regiment WestVirginia vo unteers, at 8 dollars permonth from the death of her husband. on the 18th day of January, in the year 1805, to continue during her widowhood. the 2nd time and The bill was reported to the Senate, orderengross ora 3rd reading, read the 3rd time, and missed. JOHN PYLE.
Mr. LANE, of Indiana. I move to proceed to the consideration of Senate bill No. 890. The motion was agreed to; and bill S.No. 300, granting a pension to John Pyle was read the 2nd time and consideredas in ComWhole. The SecyInterior is under its revisions, to place the name Bof John Pyle, late a sergeant in company 105th regiment Indiana mi itia volunteers, on the pension roll at the rate of 15 dollars permonth, and to continue during his natural life. The bill was reported to the Senate, ordered to be engrossed for a 3rd reading, was read the thir time, and passed. JOEL FARLEY.
Mr. VANWINKLE. I move to take up for consideration House bill No. 704. The motion was agreed to: and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 704) for the relief of Joel Farley. The SecyInterior is under it to place the name of Joel Farley, late a private in company F, 11th Iowa volunteer infantry, on the pension roll, at the rate of 15 dollars permonth. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. cmntorrn n. REED.
Mr. VANWINKLE. I move to take up House bill 702. The motion was agreed to z and the bill (H.R.No. 702) ranting a pension to Mrs. Char lotte E. Reeifiwas considered as in ComWhole. It is an authorization to the ComrPensions to issue to Mrs. Charlotte E. Reed, widow of John D. Reed, late of Falls Church, Fairfax county, Virginia, a pension certificate, and place her name on the roll of pensioners, with the pay and under the conditions and limitations of a widow of a private of infantry. The bill was reported to the Senate without amendment.
Mr. VANWINKLE. IfI understood the reading the bill says “the ComrPensions." I move to strike out “ ComrPensions” and to insert “SecyInterior.”
Mr. VANWINKLE. I now move that the Senate proceed to the consideration of Senate bill No. 398. The motion was agreed to; and the hill (S. No.898) for the relief of W. B. Kelley was read the 2nd time and considered as in ComWhole. It directs the SecyInterior to pay to W. B. Kelley, late a 2nd lieutenant in company F, 1st regiment Kentucky cavalry volunteers, a pension at “16! rate of 15 dollars per month, from the 3lst. of July, 1863, to Mare 13, 1865, amounting to $291 50. The bill was reported to the Senate, ordered to he engrossed or a 3rd reading, read the 3rd time, and passed., CHILDREN OF SALVADOR ACCARDI.
Mr. LANE, of Indiana. I move that the Senate proceed to the consideration of House bill No. 742. The motion was a eed to; and the Senate, as in ComWhole, proceeded to consider the bill (H. R.No. 742) for the relief of the mine r children of Salvador Accadi, de ceased. The bill proposes to direct the SecyInterior to place the names of Adrian J. P. Accadi an Lavinia M. E. accadi, mine r children of the late Salvndor Accadi, a musician in the U.S. Navy, on the pension rolls, and to pay, out of the naval pension fund, a pension of eight dollars per month to their legally appointed guardian, until the youngest of the children shall attain the age. of 16 years. This act is to take effect from the lst day of January, 1864. The ComPensions reported an amendment to the bill, which was in lines four, 5, and 6, to strike out the name “ Accadi ” andiusert “ Accardi.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate, as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read the 3rd time. The bill was read the 3rd time and passed. Its title was amended so as to read, “A bill for the relief of the mine r children of Salvador Accurdi, deceased.” SAMANTHA nADnR.
Mr. LANE, of Indiana. I move that the Senate proceed to the consideration of House bill No. 739. The motion ‘was agreed to; and the bill (H. ‘R. No. 739) for the relief of Leinantha Rader was considered as in ComWhole. The SecyInterior is directed by the hill to place the name of Lemantha Rader, widow of ohn Rad'er, late a private in company K, 17th regiment Ohio infantry, on the list of pensioners, and pay her the sum of 8 dollars per month during her widowhood; and in the event of her marriage or death, then to the mine r child or children of John Rader, subject to the limitations and restrictions of the pension laws. The ComPensions reported the bill with an amendment, in lines 4 and 9, to s"trike out the word “ Lemantha” and to insert Samantha.” –
The PRESlDENT protempore. That correction in the name will be madeif there be no Objection. The bill wasreported to the Senate as amended and the amendment was concurred in. The amendment was orderengross, and the hill to be read a.3rd time. The bill was read the 3rd time and passed, and its title was amended' so as to read, “A bill for the relief of Samantha Rader." EDGAR T. HARRIS.
Mr. LANE, of Indiana. I move now to proceed to the consideration of House JtResolution No. 179. 'The motion was agreed to; and the JtResolution (H.R.No. 179)‘for the relief of Edgar T. Harris was considered as in ComWhole. It provides for placin the name of Edgar T. Harris, of the 1st WestVirginia infantry, upon the list of pensioners, at such a rate of pension as the laws allow for full and permanent disability. The jomt resolution was reported to the senate, ordered to a 3rd reading, read the 3rd time, and passed. GEORGE IV. BUSH.
Mr. LANE, of Indiana. I move now to proceed to the consideration of House bill NO. 705. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H. ‘R. No. 705) for the relief of George W. Bush. It directs the SecyInterior to pay to George W. Bush, of the city and county of NewYork, late a ser gfeant in company G, ninetieth regiment NewYork volunteers, a'peiision of eight dollars permonth from August 29, 1868 to arch 3, 1865. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Mr. LANE, of Indiana. up House bill No. 743. The motion was a reed to; and the bill (H. B. No. 743) amen atory of an act entitled “An act granting a pension to Mrs. Emerance Gouler, ” was considered as in ComWhole. It proposes to amend an act approved April 18, 1866, granting a pension to rs. Einerance Gouler, so as to continue the pension granted to Mrs. Gouler, in the event of her death or remarriage, to her mine r children under the age of 16 years, had by her late husband, Charles Gouler, a private of company I", 9th NewHampshire volunteers. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. I move now to take MATILDA J. MONROE.
Mr. LANE, of Indiana. I move now to take up House bill No. 740. The motion was agreed to; and the bill (H.R.No. 740) for the relief of Matilda J. Mon roe was considered by the Senate as in ComWhole. The SecyInterior is directed by the bill to place the name of MatildaJ. Monroe, widow of, avid 13, Mon roe, late a sergeant in company A, 62nd 4F Ohio volunteers, on the pension rolls at the rate of 8 dollars per month, and continue during her widowhoo, commencing on the 16th of March, 1863, and in the e’ventof her death or remarringe, then to the mine r children of David B. Monroe, subject to the limitations and restrictions of the pension laws. The bill was reportetIto the Senate, ordered to a 3rd reading, read the 3rd time, and passed. JONATHAN “1'.BEACH.
Mr. LANE, of Indiana. I move to proceed to the consideration of House bill No. 741. The motion was agreed to; and the bill (H.R.No. 741) granting pension to Jonathan V. Beach, was considere nsin ComWhole. It provides for lacing upon the pension rolls the name of Jltinathan IV. Beach at 25 permonth during his blindness. The Committee on Bensions reported an amendment to the bill, in line 6, after the words “ 25” to insert “dollars.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a 3rd time. The bil was read the 3rd time and passed. SARAH BACON.
Mr. LANE, of Indiana. I move to take’n Senate bill No. 403, which was reported a versely. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.403)to place the name of Sarah Bacon on the pension list.
Mr. LANE, of Indiana. I move the indefinite postponement of that bill. The motion was agreed to. wIDOWS, AND ORI’HANS, PENSIONS.
Mr. VANWINKLE. I move that the senate proceed to the consideration of House bill No. 692, increasing the pensions of widows and or haiis, and for other purposes., The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill., The 1st section proposes to extend the provisions of the pension laws so as to include provost marshals, deputy rovost marshals, and enrollin officers, who have been killed or ivouiide in the discharge of the ir duties; and for the purpose of determining the amount of pension to which such persons and their dependents shall be entitle, rovost marshals are to be ranked as captains, e duty provost mar shals as 1st lieutenants, and enrolling officers as 2nd lieutenants. The 2nd section provides that the pensions to widows of dccease soldiers and sailors, having children by such deceased soldiers or sail ors, shall be increased at the rate of 2 dollars permonth fofeach child of such soldier or sailor under the age of 16 years; and in all cases in which there shall be more than one child of any deceaSed 'soldier or sailor leaving no widow, the pension granted to such children under 16 years of age by existing laws shall be increased to the same amount permonth that would be allowed under this provision to the widow if living and entitled to a pension; but in no case is more than one pension to be allowed to the same person. The ComPensions proosed to amend the bill by inserting aften the word “widow, ” in line 7 of section two, the words “or where his widow has died or mar ried again.”
Mr. VANWINKLE. By instruction of the committee I move to amend that amendment by adding to it these words, “ or where she has been deprived of her pension under the provisions of section 11 of an act entitled ‘An act supplementary to the several acts, relating to pensions, approved June 6, 1866." The amendment to The amendment was agreed to, and the amendment, as amended, was adopted. i The next amendment of the committee was to add as an additional section: Abife:, That the provisions of an act entitled“An acttogrant pensions."approved July 14.1862, and of the acts supplementarythereto and amendatorythereof, are hereby, so far as applicable, extended to the pensioners under previous laws, exceptrevolutionary pensioners.
Skip Skip The amendment was agreed to. The bill was reported to the Senate, and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill read a 3rd time. The bill was read the 3rd time and passed.
Mr. GRIMES. move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, July 6, 1866. The House met at 12 o'clock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The ] ournnl of yesterday was read and approved., INDIAN APPROPRIATION BILL. On motion of Mr. KASSON, by unanimous consent, the Indian appropriation bill, with the amendments of the Senate thereto, was taken from the S caker’s table, referred to the Committee on ppropriations, and the bill with the amendments was ordered to be printed.
Mr. MORRILL. I ask that y unanimous consent the morning hour of today be dispensed with.
Mr. McKEE. I object. PERSONAL EXPLANATION.,
Mr. STEVENS. I ask the House to grant me a few moments for personal explanation. I will not occupy more than a few moments. No objection was made.
Mr. COFI"llOTH. After the very decided vote given on last Friday in favor of granting pensions to the soldiers and sailors of the war of 1812, Iwill not make any extended remarks in favor of the bill, and I will call the previous question at this time, explaining that if any gentlemen upon the other side of the House desire to discuss it, I'will yield them a art of my time after the previous question is all be 2nded.
Mr. PERHAM. I ask the Gentfrom Pennsylvania to yield to me for a few minutes before the previous question is 2nded.
Mr. COFFROTH. I refer to have the previous question 2nde 1st.
Mr. BE JAMIN. Will the Gentfrom Pennsylvania [Mr. Corraorn] yield to miffor a suggestion 'I
Mr. COFFROTH. I will hear the suggestion.
Mr. BENJAMIN. I perceive, upon looking over this bill that there is no exclusion of disloyal persons who served in the war of 1812,0 which there are perhaps large numbers in the southern States. Yet under the provisions of this bill they would receive a pension equally with the loyalists. I ask him to consider that matter, and exclude that portion of them from the benefits of this act.
Mr. COFFItOTH. If the gentleman will indicate the amendment he desires, I will yield to allow him to offer it.
Mr. BENJAMIN. I have not prepared the amendment, but I will do so in a mon'ient.
Mr. COFFROTH. While the Gentfrom Missouri [Mr. BENJAMIN] is preparing his amendment, I will yield to hear what the Gentfrom Maine [Mr. PERHAM] has to sa.
Mr. PERHAhI. I discussed at some length a few days since the proposition to pension the soldiers of the war of 1812. That discussion was with reference to the bill presented by the Gentfrom Pennsylvania, [Mr. MILLsn] which provided only for pensioning those who are in necessitous circumstances. I do not know that I need to repeat the proposition which I presented on that occasion. I am quite certain that under that bill the eXpense would not be less than what I stated at that time; and under this bill it would be about 1/3rd more. The calculation which I then made was based on only the number who served for 3 months or more, which I believe was the basis upon which that bill was founded. If the House is desirous to pass a bill for the soldiers of 1812, the ComInvalidPens are not disposed to interpose special objection or long debate. I am instructed by the committee, however, to ask the House to substitute for this bill one similar to that offered by the Gentfrom Pennsylvania, [Mr. MILLER. His bill was recommitted to us with instructions to report favorably upon it. The committee have prepared some amendments to it, and have directed me to move it, so amended, as a substitute for this bill.
Mr. HALE. Will the Gentfrom Pennsylvania [Mr. COFFROTHf yield to me for a few moments?
Mr. HALE. I do not wish to cutoff debate, but I give notice that I will, when the opportunity shall arise, make the motion to lay on the table.
Mr. COFFROTH. I would like to hear the amendment suggested by m colleague on the committee, [Mia BENJAMINi The amendment was read, as follows: In line nine. after the word “ 12.” insert the words.“ and loyal whonoware and have beenat all t'es. to the Governmentof the U.S."
Mr. STEVENS. Through my own negligence I failed to hear the bill read. I would like to know whether it is confined to indigent persons.
Mr. STEVENS. I wish to know whether the bill of my colleague [Mr. MILLER] is confined to indigent persons.
Mr. COFFROTH. Mr. Speaker, this bill provides 'for granting a pension to all the sur‘ viving soldiers and sailors of the war of 1812. As long ago as 8 or 10 years a bill of this' kind was reported and passed by the HoRep. The 1st section of this bill is well guarded. It is provided that pensions shall be granted only to those who were in the service 3 months or more, or were actually enged in battle. The bill contains all the sa eguards necessary to protect the Government from imposition or squ andering of the money of the people. I will not now, sir, make any extended remarks in favor of the bill. 49 years after the revolutionary war Congress, with unprecedented unanimity. passed a bill placing every surviving revolutionary soldier upon the pension roll. It is now 53 years since the termination of the war of 1812, the 2nd war of independence, and will the Representatives of the people in the 39th congress say to the soldiers of that war, the men who then went out to defend the country in its infancy, that they shall not have the same jus tice done to them as was to the revolutionary patriots?Iadmire the spirit in which the Gentfrom NewYork [Mr. HALE] spoke of my liberality. I only request him to be more liberal to the old soldiers of the war of 1812 before he votes to squander millions of the people’s money for objects by no means as worthy. v
Mr. HALE. One word. My congratulation on the gentleman’s liberality he did not perhaps entirely comprehend. I only complimented his liberality with other people’s money.
Mr. COFFROTH. I will reply that the gentleman has been liberalin many other instances with other people’s money.
Mr. HA E. If the gentleman will the bill specify I will have him a cognovit. Specify the instances where I have voted to squander the public money.
Mr. COFFROTH. The gentleman voted over 9 million dollars for freedmen I mean the appropriation for the Freedmen's Bureau.
Mr. HALE. I confess to having voted for appropriation bills reported by the committee. No, sir; it takes in every If the gentleman has voted against them I am so for it.
Mr. THAYER. Will my colleague let me ask him a nestion? '
Mr. THAYER. I desire to‘ ask my colleague why, inasmuch as the bill proposes to compensate every one who has had anything to do with the war of 1812, he has omitted the sailors; why he has omitted to provide compensation for those who achieved glories on the sea transcending anything done on the land during that contest.
Mr. COhFROTH. I ask the gentleman to read the 5th section of the bill.
Mr. THAYER. It only refers to marines. It does not embrace sailors.
Mr. COFFROTH. It has been an accidental omission; and I move to insert the words “ sailors and” before “marines.” Mr. Speaker, I have received a great many letters from the surviving soldiers of the war of 1812, asking me to bring this bill to a vote at the earliest day. I do not desire to consume any further time; I demand the previous question.
Skip Skip Mr. HALE moved that the bill be laid upon the table; and demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 46, nays 8!, not voting 52;. So the House refused to lay the bill upon th table. a, " During the roll call, Mr. A CONA stated that his colleague was absent on account of indisposition. The result having been announced as above recorded, The question recurred on 2nding the demand for the previous question.
Mr. KELLY. Lrise to a point of order. Pending this motion would it be in order to move to recommit the bill to the ComInvalidPens?
The SPEAKER. Not duringthe pendency of the demand for the previous nestion. If the previous question should not e 2nded, then that motion would be in order.
Mr. ROSS. I callthe attention of my friendfrom Pennsylvania [Mr. COFFBOTH] to the fact that he has omitted the soldiers of the Black Hawk war. [Laughter] On 2nding the demand for the previous question, there were ayes 26, noes 76.
Mr. ANCONA. I demand tellers. I now move to recommit Tellers were refused.
Mr. KELLEY. the bill to the ComInvalidPens.
Mr. HALE. I hope the gentleman will yield a moment.
Mr. KELLEY. I demand the previous question.
Mr. LeBlOND. I ask the gentleman to allow me to move as an amendment to recommit with instructions to report next Monday.
Mr. KELLEY. No, sir; the very objectin. sending it to the committee is that they may consider the various amendments and substitutes that are proposed and bring in a better considered bill.
Mr. PERHAM. Will the gentleman allow me to present asubstitute which the committee have a ready considered and acted upon?
Mr. RANDALL of Pennsylvania. I ask my colleague [Mr. HELLEY] to incorporate in his motion “with leave to report at any time.”
Mr. KELLEY. There are various amendments and substitutes proosed, and I want the committee to have amp e time to consider them all and bring in a well considered and fully matured bill. I therefore decline to yield.
Mr. RANDALL. of Pennsylvania.v It is for the purpose of killing the bill. That is the object. On 2nding the demand for the previous question, there were ayes 67, noes 87. So
Skip Skip The previous question was 2nded and the main question o ered. Mr. COFFROTH. I demtind the yeas&nays on the motion to recommit. I‘lie yeas&nays were ordered. The question being taken, it was decided in the allirmative yeas 74, nays 47, not voting 61; So the bill was recommitted to the ComInvalidPens. Mr. KELLEY mtRtv the bill was reconnnitted on the table. agreed to.
Mr. PERHAM. Mr Speaker, it will be rec ollected that one week ago today the House referred to the ComInvalidPens a proposition of the Gentfrom Pennsyl vania [Mr. MILLER] to grant pensions to the soldiers of the war of 1812 who were in neces sitous circumstances. The committee have considered that subject and are now ready to report, and would be glad to report on that proposition now.
Mr. HALE. I beg leave to ask if that bill provides for doing the same justice to the soldiers of the late war for the suppression of the rebellion as to those of the war of 1812.
Mr. HALE. I object to the reporting of any bill which does not extend the same rate of pension to the soldiers of the late war as to the soldiers of other wars., Mr. PERHAM Then Iask the unanimous consent of the House that some time may be fixed when the committee may make the report.
Mr. TAYLOR. I object. The SPEAKER then proceeded to call the committees for reports 0 a private nature. JAMES C. COOK.
Mr. HUBBARD, of Connecticut, from the ComPatents. reported a bill for the relief of James C. Cook; which was read a 1st and 2nd time. The bill grants leave to James C. Cook to make application to the ComrPatents for an extension of the letters patent which wereissued for the term of 14 years from the 27th of July, 1862, for an improvement in machines for forming button backs and aflixing the eyes thereto, in the same manner asif he had filed his petition at least 90 days prior to the expiration of his patent and authorizes the ComrPatents to consider and determine the said application in the same manner as if it had been so filed.
Mr. HUBBARD, of Connecticut. This is an improvement in the machinery for forming button backs. There is not much money in it.
Mr. TAYLOR. I. call for the reading of the report. We Clerk proceeded to read the report, when, the morning hour having expired,
The SPEAKER. stated that the bill would 'go over until next Friday. COMMUTATION of PRISONERS' RATIOXS.
The Speaker, by unanimous consent, laid before the House the following communication from the SecyWar: Wm DEPT, WASHINGTONCITY, July 5. 1566. Sm: In answerto the resolution of the HoRep of the 14thof June. calling for information relating to. the commutation ot rations Iallowedto Union soldierswhowereprisonersof war. have the honor to report: 1. That b a genera order of February 14. 1862. rations to nion soldiersheld as prisonerspf war in the rebel States.werecommutedat costprice during the period of their imprisonment. The sumpaid on this account is reportedby the commissioner at about 2 and a half million dollars. This commutation has not been consideredas an ordinary claim of allowance under existinglaws and no specific approprreation has been madeto meetit. but it wasallowed in.thenecessniesof the case to provide for those whowereundergoing the calamityofprisoners in the rebel States. 2. After hostilities had terminated and the pris oners were all released. it becamemanifestthat commiitation claims were becomii the subjectof speculation and trnllic by it cuts. rokers, and persons engagedin that class of  usiness; and.in the absence of. any specitioappropriation. the order for payment of commutation was suspended until Congress should make an appropriation, if deemedproper and proVido regulationsthat might secure the moneyto the personsproperly entitl and protect them against fraudulentspeculation. the putstapdin: claims requiring appropriation. principally in the hands of $a3g, e4notos 0a0sosignces, brokers, &'c. are estimated at I have the honor to be our obedient servant DWIN M. smiv'ron‘. SecyWar. Hon. Scanrtrn COLFAX, Speaker of thatHoRep. The communication was referred to the ComAppropriat and ordered to be printed. p 'ranrrr out.
Mr. MORRILL.' I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. S'cor‘iELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes, the following clause being under consideration: 0n corktrcc. bark of. unmanufactured, 20%. ad 9010mm.
Mr. MORRILL. I move toinsert after that clause, “on cotton and machine cards, 40 5%. advalorem.”
The Clerk read as follows: On eyeletsmadeof brassor other metal, cighteents per 1,000: on felt. roofing, and patentadhesive, lor ships' bottoms.madewholly or in part of hair, 20%. 04 culorem.
Mr. MORRILL. In the last clause I move to strike out the words “ made wholly oriii part of hair.”
The Clerk read as follows: On fire crackers, perbox of not over fort packs. not exceeding 80 to eachpack, (and in t a same proportion for any greater number.)81 25per box: Pr'ovulvil.That no fire crackers shall be admitted at a lossrate of duty than 60%. ml salon m. On lulminatos or fulininating powders, 50%. urlval/arcin Qn glovesof all kinds. except gloves madewholly or in part of silk. not hereine therwiseprovided for. 50%. ml valorem. On gold and silver plate and on plated. German silver. argontinc, platina and albata, or white metal were orinauufacture s 50%. or!onlorem. On hair brushes and tooth brushes 50%. adurilorqm, onpaipt brushes and brushesofall kinds not heroin otherWiseprovided for. 40%. all "I". 00a hair cloth. 40%. ad oalorem.
Mr. O’NEILL. I move to amend the last c“lause by striking out “ 40 ” and inserting 45, ” so as to make the duty on hair cloth 45%. advalorcm. All those persons who are engaged in making sofas, chairs, and other furniture, and preparing this hair cloth to be used, are interestediu the duty on hair cloth. At the rate at which it comes in here it is utterly impossible that they can compete with the foreign manufacturer. I hope the committee will consent to add live%. to the duty.
Mr. MORRILL. it is true, as the gentleman says, that the manufacturers of sofas, chairs and other articles of furniture are interested in the article ofhair cloth, but they are interested in not havin the duty raised. We admit the raw mfltefiflf free, and although it is a (hill cult manufacture, requiring some skill and machinery, yet I think the duty is sufficient, and on lit not to be raised.
Mr. O‘NEILL. I move to make the duty 47 cents. It is very unpleasant to rise here and discuss the merits of any amendment proposed, because the arguments are always the same in reference to every article which is imported from abroad. I am in favor of protecting those American manufactures which are strugglin in their infancy for existence. This item 0 hair cloth is one of vast interbst in the locality where I reside. And I know that in other sections of the country American manufacturers are struggling to introduce the home made article into the Amer ican market, to the exclusion of the foreign made article. I do hope the House will permit my amendment to pass irrespective of the argument used against it by the chairman of the ComWays&Means, [Mr. Mon aiLL, 1 who, it seems to me, never wants any item in this bill to be increased one penny, while he is generally'willing to allow it to be decreased.
Mr. MORRILL. The gentleman should be aware that we already propose an increase of 10%. a on this article. It certainly is enough, and I0not know of any very special reason why it should be raised at all.
Mr. 0’): EILL. The very reasons which have induced the ComWays&Means to recommend an increase of 10%. should be an argument for the ComWhole to raise it still more. In the argument of the gentleman, it is of course admitted that the present rate of duty is too low, because the committee have seen fit to recommend an increase of 10%. Now, I do not see why the ComWhole should not put on 5%. more, so that the American manufacturer can drive out of the American market the foreign made article. I withdraw my amendment to the amendment.
Mr. RICE, of Massachusetts. I ask the Gentfrom Pennsylvania [Mr. O’i’sii.i.] to accept the following in hen of his amendment: to strike out the words “on hair cloth 40%. advalorem” and insert in lieu thereof “on hairseloth of the description known as liair seatin g, 45 cents persquare yard; on hair cloth other than seating, 50%. advalorcm.”
Mr. O’NEILL. I Will withdraw my amendment to allow that to be offered, as it reaches the object I have in view.
Mr. RICE, of Massachusetts. Ine w offer the amendment I have just read. I agree very generally with what the Gentfrom Pennsylvania
Mr. O’NEILL subject. This matter of hair cloth and hair seatinv is not a very large interest. Until a very s iort time since this article was made chiefly in England and Germany. But there are now some 2 or 3 moderate sized fac tories in this country; one in RhdIsland, one in NewYork, and, I think, one in Pennsylvania. But it is impossible for them to continue the manufacture of this article in compe tition with foreign manufacturers of it at the present low rate of duty. I trust the ComWhole will agree to the amendment I have proOsed, for I am satisfied the public interest will be served thereby. I believe this is the 1st time during the progress of this bill that I have suggested any increase of duty on any article. But I do it in this instance because as this subject has been represented to me, I am satisfied that the interests of this manufacture require it.
Mr. MORRILL. I rise to oppose the amendment of the Gentfrom Massachusetts [Mr. RICE] for several reasons. One reason is that this article is of very different qualities, some of which are worth at least double what other qualities are worth. And I believe the constitquents of the gentleman are as much interested in keeping this article at a reasonable rate of duty as the constituents of any other gentleman here. To my own knowledge a very large amountof manufactures in which this article is largely consumed are made either in Boston or its immediate vicinity; and they are made there not only for consumption in the U.S., but also for exort. The increased duty proposed by the ommittee of Ways&Means, in consequence of the pressure brought to bear upon them by manufacturers, who complain of the dearness of labor, of 10%., is certainly as much as is reasonable, and I trust no more will be granted by this committee.
Skip Skip The question was taken upon the amendment of Mr. RICE, of Massachusetts, and ppon a division there were ayes 80, noes 37; no quorum voting.:, Tellers were ordered; and Mr. RICE of Massachanetts', and Mr. GARFIELD, were a pointed. The committee again divided, and the tellers reported ayes 48, noes 49. So the amendment was not agreed to.
The Clerk read as follows: On India rubber shoesand boots, and all manufactures of India rubber not herein otherwise provided for, 50%. ad calm em. No amendment was offe'i ed.
Mr. MORRILL. I move to insert after the paragraph last read the following paragraphs: 0n fabrics of India rubber and other materials combined, 3 incheswide or over. 6 cents wr lineal yard, and 45%. ad oalorem. On all other fabrics of India rubber and other materials combined, not otherwise provided for, 25centsforovory 144 yards and 50%.ad man em. On braces and suspendersmade of India rubber and other materials combined.35 cents per dozen and 50%. ad calm em. 0n umbrella and parasol elastic tics. 6 cents perdozen and 50%. advalorem.
Mr. GARFIELD. I move to insert the following paragraph after the amendment last adopted:, On manufacturesof gutta percha and on all manufactured insulated telegraphicor electricwires or cablesusedfor submarine.telegraphic, or other purposes. 50%. advalor em.
The Clerk read as follows: Opmarble.whitestatuary, brooatolle, SiennmVerde antique, in block, rough or squared.one dollar percubic toot, and, in addition thereto, 25%. ad oalorqui; on veinedmarble, and marble of all otherdescriptions.not herein otherwiseprovided for. in block. rough or squared.0013dollar percubic has said upon this, foot: on marblepolished.flnished, orpartly finished, marble chimney pieces, and all other manufactures of marble, 70%.adoalorem.
Mr. SPALDING. Mr. Chairman, I am opposed to this amendment. I believe that Ital ian marble; Verde antique, &c., may be as properly classed among the luxuries of the country as anything upon which we assess a duty.
Mr. KELL 41Y. The gentleman will permit me to say that my amendment does not apply to Verde antique.
Mr. SPALDING. I understand the gentleman as proposing to reduce the rate of duty named in the bill upon Italian marble; and the gentleman says that we must make this reduction because we have monuments to erect over the graves of our faithful soldiers who have fallen in the country’s defense. Sir, if a mou ument of Italian marble is to be erected over the grave of any of our soldiers let it be done; but, my word for it, the fund which raises that monument will pay the duty upon the marble. Sir, this marble is not wanted for the soldier’s grave. It would be honorable to the nation if our solders’ graves could be adorned with mon uments of American marble. Who of those within the sound of my voice has friends or relatives whose names are commemorated in Italian marble? Soldiers’ representatives, the survivors of soldiers, do not expect it. It is only an appeal made to our sympathy on this and ever other occasion. I say this marble is wante to decorate the palaces of the rich in our country, men who are able to.ay for this and all other articles of luxury. f we raise the duty on anyone we should raise it on those who are rich and able to erect palaces and dec orate them with Italian marble and Verde an tique. The committee have acted wisely, in my judgment,in putting this duty upon this importation. I would not abate one particle 0 it. Here the hammer fell.]
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate upon this subject. The motion was agreed to. so the committee rose; and the Speaker havin resumed the chair, Mr. SCOFlELD reports that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, bein bill of the house No. 718. to provide increase revenue from imports, and for other purposes, and had come to no resolution thereon. CLOSE or DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the tariff bill, in relation to marble in the rough, beter minated in ten minutes after the committee shall resume the consideration of the same.
Mr. ANCONA. I move to amend the motion so as to terminate the debate in 5 minutes. The amendment. was not agreed to.
Mr. ltloanirt’s motion was then agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to., So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, bein the bill gH.R.No. 718) to'provide increase revenue from im ions, and for other purposes.
Mr. KELLEY. I merely desire to say in reply to the Gentfrom Vermont [Mr. MORRILL] that if I have used the language of the importer, for once the importer and the manufacturer use the same languagg. I have uttered the instructions iven me by every marble worker in Philadelphia; and it was in their behalf that I spoke.
Mr. DODGE. I told in my hand a petition si ed by the working men of NewYork city who are so in manufacturing Italian mar ble. complaining of the excessive duty on that article. I know nothing particularly upon this subject. But as the petition is very short, I will ask the Clerk to read it as a part of my remarks.
The Clerk read as follows: To the honorablethe HoRep Washington, 1.: The petition of the undersigned.dealers.workers and artists in marble, respectfullyshowcth; That your petitioners cannot but regard the tariff of one dollar percubic foot on foreign marble in the block or rough, asprohibitory and oppressiveto all engagedin the manufacture of this article. That there is not quarried in Vermont or elsewhere in the U.S., any marble adaptedorthat can be used for the principal purposethat the marble of Italy is applied. That the tarilf of 1864 has drivon Italian marbleout of usefor the manypurposesto which the marbleof Vermont is now so extensively used., That the proposedtarilf thereforewould be prohi bition and not protection. That the tariff now proposedwould be avirtunl exclusion of Italian marble for its principal use, namely.monuments. Your petitioners, therefore, hope that your honorable body will so modify the bill now before you as not.to increasethe high tariff of 1364. NewYorK. June 30.1866
Mr. WOODBRIDGE. I merely desire to say in relation to his petition, which claims that the importation of Italian marble since the passage, of the tariff of 1864 has been greatly decreased and may entirely cease, that the figures which I have from the customhouse of NewYork cit, and which I have read to this committee, 5 ow that since the passage of the tariff of 1864 the importation of Italian marble has been more than doubled.
Mr. MORRILL. I withdraw my amendment to the amendment.
Mr. RICE, of Massachusetts. I move to amend so as to make the duty 75 cents. It is manifest from the line of the discussion which has been had upon this subject that there is a divided interest here. And we are bound to look at both sides of the question in determining the rate of duty to be assessed on this article. the gentfrom Vermont, [his MoaaILL] who is thoroughly acuainted With the business of quarrying marble, as very ably presented that side of the question. The other interest is that of the workers of marble, who represent a very important branch of mana factures in this country. They may be supposed to speak with a great degree of impar tiality, because their labor is upon both the marble of this country and the marble imported from Italy. Now, while it is true that we use the marble of this COuntry for the uses to which it 'can be applied, we ought notby onerous assessments upon the foreign article to prohibit its importation altogether for those uses to which it is adapted, and to which the native marble is not suited. Now, sir, I do not see any injustice or hard ship to any interest in allowing this marble to come in at a fair rate of duty. I trust that the ComWhole will not adopt the rate of one dollar perfoot but will agree to the amendment offered by the Gentfrom Pennsylvania and insert 70 cents. I call the attention of the ComWays&Means to the fact that if the rate of duty proposed in the bill be adopted, it. will be very strongly prohibitory to the introduction of the rough marble in blocks and cubes, and will fa vor the introduction of the manufactured mar ble, thereby throwing the labor and the profit of working this foreign marble out of our hands into the hands of the Italian workers. I with draw my amendment, trustinw that the amendment of the Gentfrom T’ennsylvania will be adopted.
Skip Skip The question was taken on the amendment of Mr. (hunter, and it was not agreed to, there being ayes 28, noes not counted.
Mr. KELLEY. Mr. Chairman, other nations have honored their artists. They have been proud of their skill in sculpture. And does any gentleman believe that it has become a crime to make fine work of enduring marble? Does he mean to say ifthere be genius of that kind in America it must go abroad for its training, its develo)ment? We have just placed a most onerous duty upon the raw material upon which the scientific sculptor works, and now it 18 proposed to reduce the rate upon finished fabrics. Now, Mr. Chairman, it is in the marble yard that the boy begins to deVelo his enius. It is in fashioning the things incihded in this paragraph his hand is trained to obey his eye and execute his fancy in marble; and in view of that we have legislated on the raw material. Now, let this clause stand with 50 or 55%. ad calorcm, or less than 125, and it would be a declaration of this House that it does not feel the American youth should engage in that high branch of art.
Mr. WILSON, of Iowa. Mr. Chairman, I desire to oppose the amendment of the Gentfrom Missouri, [Mr. HOGAN] I have always been a protectionist. I have been edu cated'in that school and I hold to that doctrine yet. But, sir, I have been so far outdone by the Gentfrom Missouri, who, I have understood, belongs to the free trade party, that I am disposed to withdraw m amendment. N ow, sir, I do not suppose the Gentfrom Missouri believes in the opposite theory, but that his tendency is all toward free trade. That was‘the argument he made when the internalrevenue bill was under consideration that these taxes bore too heavily on the people, who should be allowed to sell where they could sell dearest and buy where they could buy cheapest. But now, when the interest of his own district is concerned, we find him taking a different position when it touches an interest that his people are connected with. He then is willin to stand by the side of those who have been amending the highest rates k of protection for the iron of Pennsylvania, the woolen fabrics of NewEngland, and the salt interest of Syracuse and Saginaw. Now, sir, inasmuch asI have been mistaken in this mat/ter, as appears from the argument made by the Gentfrom Missouri, I desire to withdraw my amendment, although I suppose the gentleman desires a vote taken upon iis, which is to increase the duty from 70 cents to one dollar. Seeing, therefore, that I am so far behind that branch of the free trad party, I withdraw my amendment.
The CHAIRMAN. The amendment being withdrawn, the amendment of the Gentfrom Missouri falls with it.
Mr. HOGAN. I renew the amendment to strike out “ 70%.” and insert in lieu thereof “ 100%.” In reference to the remark of the Gentfrom Iowa [Mr. wILSON] as to my liieing willing to go with the protective party when it suits my convenience, being myself a free trade man, I wish simply to say this: I am fora fair tariff in reference to everything, but if we must have a high protective tariff at all, then I want the laborers of my portion of the country protected just as much as the laborers of any other portion. That is my doctrine. I cannot sit here and see an effort made in the interest of free trade or any other trade to cut down the mechanical interests of my district without vindicating the rights of my constituents and endeavoring to advance their interests. That is my position in reference to this bill. I do not say that I shall support this bill as an entirety; but I want it to be as near perfect as it can be in covering the Generalinterests of the country, not mine only, Tint all of them. I am opposed to many features in this bill, and I am utterly amazed to find some gentlemen opposed to the interests of labor and seeking to build up the interests of capital. I am for labor 1st, because lnbor is the means of elevating capital, and I am for the interest of labor all the time. I hope the committee, in view of the fact that this IS exclusively to inure to the benefit of the mechanic, will adopt the amendment which I propose, to make the duty 100%.
Mr. KELLEY. I move to amend the amendment of the Gentfrom Missouri, not proformd, but seriously, by making it 125%. In the interest of the marble workers, the laborers in the marbleyards, and the skilled workmen, I resisted the increase 11 on the raw materiai. It is not an article of which we can increase the supply, becauSe we have not the article. It is not manufactured; it is a natural product. Now, I ask that the increase of duty on the fabricated article shall be made relatively as high as the increase on the raw material. 125%. advalorem will not be quite so big, for with the addition we have made on marble in the block the tariff 'is now equal to 150%. I hope that those who feel that American labor in American yards ought to have an equal chance with foreign laborers on foreign soil will equalize this bill, or make it approximately equal by striking out 70% and inserting 125%.
Mr. MORRILL. I move that the committee rise in order to terminate debate upon this paragraph. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Scorlsto reported that the ComWhole on the state of the Union had, accordin to order, had under consideration hill of the cuse No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon.
Skip Skip MESSAGE FROM THE SENATE. A messa e from the Senate, by Mr. Hunts, one of its 5lerks, informed the case that the Senate had indefinitely postponed bill of the House No. 640, in relation to claims for horses turned over to the Government.
Mr. HOOPER, of Massachusetts. If any gentleman wishes to make any inquiries I will endeavor to answer them.
Mr. STEVENS. I desire to ask whether anything was done with the very important provision giving the right of trial by jury in the cases of charges of fraud. There is no way now provided to try the parties except by the Commissioner., Mr. HOOPER, of Massachusetts. The Seu nte struck out the provision and the House receded from its disagreement to the Senate’s amendment.
Mr. STEVENS. Well, sir, that was one of the most important prqyisions in the bill, a most vital one as regards the justice of the bill, and I am astonished that the House should recede from it.
Mr. HOOP f Massachusetts. Upon consulting with the ComrIntRev, the committee thought there was sufficient revision on that subject in another part of the ill.
Mr. STEVENS. Are you prepared to have that part of the section which the Senate struck out read? All new depends upon the examination and decision of a single man.
Mr. H00 PER, of Massachusetts. The opinion of the Senate committee and the House committee concurred with them finally upon explanation was, that if these cases were all to go into the courts they would be so crowded that we would never get along with them at all; the cases would never be decided.
Mr. STEVENS. I ask to have the portion proosed to be stricken out read.
The Clerk read as follows:.And in addition to other provisions of law. when ever fraud has been or shall be alleged as to anyrfist or norm, and the party charged with fraud shall make denial of the samein writing and shall demand a hearing thereon and shall tender‘o the assessor f the proper district 0 bondwith 2 or more surelies Payable to the U.S.in a sum not less than double the amountof the tax assessedbecauseof such alleged fraud and conditioned that such person will abi e by the ordersand judgments of the court before whomsuch case shall be heard and Will paywhatever sum maybeadjudgedagainsthim.for tax.andalsoall cost that may be adjudged against him. anduponthe upprovalofsueh bond ysuehassessorit sliul be the duly ofsuch assessor to transmit to ney of the U.S.for the disttrhicetdwisitthriientwathtiocrh such collection district is situate all the saporsin the case and it shall also be the duty of mi district at torney to immediately institute in the proper circuit or district court of the U.S. a suit for the recoveryof the tax assessed becauseof such alleged fraud and the same shall be prosecuted to judgment as in other cases; and such cases shall have precedenceover other civil caseson the calendar of such court. And until final judgment all proceedings by the assessor and collector shall be suspended and in case of seizuroof property. the property seized shall be released upon the approval of the bondherein provided for; at nothing herein captained to nffect in any manner proceedings by indictment as provided by law.
Mr. ALLISON. With the permission of the Gentfrom Massachusetts, [Mr. HoomznflTwill say that this provision was inserted by the House with a view to transfer a class of cases to the courts of the U.S. before the tax wds collected, which is a novel provision in our revenue system, there being no vision in any State law or Federal law by wpricoh the tax payer, before the tax is collected, can go into the courts and litigate these questions. Parties aggrieved now have their remedy by appeal to the ComrIntRev, and also have their remedy against the Government of the U.S., or against the proor officer. I believe that that was a just and) proper provision.in cases of fraud, and I supported it in the House; but the senate insisted that if that provision was incorporated into the law we never could collect the taxes, and the result would be that in the course of 6 months or a, ycar the courts of the U.S. would be lumbered up with these cases of fraud so that no cases could be tried in our courts under our present judiciary sys tem. Yielding to the Senate in that view, we consented to strike out this provision'because of the difficulties in its administration.
The SPEAKER. The same object would be accomplished by voting to non-concur in the regprt of the committee of conference.
Mr. STEVENS. If the report is non-concurred in, can the Houseaa for another committee of conference?
The SPEAKER. That would then be in order. 5,
Mr. STEVENS. Then I hope the report will not be concurred in.
Mr. ALLISON. I desire to say simply that the ComrIntRev appeared before the committee of yonference and stated that the case referred to by the distinguished Gentfrom Pennsylvania [Mr. STEVENS] was the only case pendin in the revenue dept where such a ifficulty existed; that they had had no difficulty in adjusting all the other cases at the office of the ComrIntRev or the office of the SecyTreasury. For that reason the committee of conference assented to striking out this provision, not desiring to embarrass the collection of the revenue for the purpose of protecting the one, or perhaps 2 or t ree cases in as many years.
Mr. STEVENS. If there were only one or 2 cases, what becomes of the difficulty of lumbering the courts with cases? is
Mr. ALLISON. This provision permits any person assessed to transfer the case at once to the courts of the U.S., without going to the ComrIntRev 01: the SecyTreasury. It places it in the power of the men who are compelled to pay taxes to transfer these cases at once to the district or circuit courts of the U.S. for the very purpose of delay and no other. It is the abuse of the provision by making up fictitious cases that would burden our.00urta with this class of suits that could be settled in an hour b application to the ComrIntRev, whose duty it is to revise the acts of his subordinates.
Mr. STEVENS. Let me say to the gentleman that it is provided that the party is tall go before the assessor and present bail to his satisfaction before he can ask to have the case transferred.
Mr. HOOPER, of Massachusetts. I I10. vield to the Gentfrom Ohio, [Mr sumo]. ssh
Mr. DELANO. Mr. Speaker, a revenue bill of this sort, in order to be eflicient, must necessarily provide stringent measures; for without them it will not accomplish the object which is sou ht. the committge of conference, as I onderstand, have reported in favor of an amendment striking out the provision under which a party deeming himself over taxed could, on giving bonds, have his case transferred at once to the courts for adjudication. It must be apparent to the House that if we should insist upon retaining that provision, our courts would be overburdened with suits growin out of tax assessments, and the collection of ie revenue would be greatly icin harrassetl. The party is not without ii remedy as the law now stands. Though he may be forced to pay, he can brin suit afterward to correct any error or fraud tiiat may have been practiced upon him. I think it would be exceedingly bad policy, as a revenue measure, to adopt the revision which was inserted by this House and which has been stricken out by the conference committee.
Mr. STEVENS. I will ask the gentlemnn, with his permission, a question. nder the present law, if a property is seized and sold under an erroneous and excessive assessment, can the party recover the value of the property or only the amount surcharged?
Mr. DELANO. Well, sir, I of course would not undertake, without reflection, to answer a question of that sort with absolute confidence; but my opinion is that he could recoverthe value of the re rty.
Mr. STEVENS. The opinion of the dept is that he can recover only the amount surcharged, and that is my opinion, too.
Mr. DELANO. I do not see in that suggestion of the gentleman anything that detracts from the force of the considerations which I was presenting in reference to the propriety of agreeing to this report. I think it would be fatal to our tax law as a revenue measure to embarrass itby the provision which was adopted in this House. I do not think that our citizens can suffer any serious injury under the law as it will be if the report of the committee should be adopted. It is suggested to me, and I desire to bring the point to the attention of the House, that our law in reference to the collection of customs is in precise analogy to the present internalrevenue law. Under the law Tor the collection of customs we have experienced no difficulty; and I apprehend that we shall not in this case.
Mr. STEVENS. The gentleman will allow me to say that in refereuce to customs the money is always paid beforehand. If the)arty believes that an illegal duty is charged, he makes the payment under protest, and brings his suit for the recovery of the money. The proceeding is very different under the internalrevenue law.
Mr. DELANO. Icannot see how the statement of the gentleman affects the question we are now discussing. In the case of which he speaks the money is aid in advance, and in a case arising undert e internalrevenue law the money is paid in advance, but at a different stage of proceeding.,
Mr. STEVENS. There is a very great difference between a merchant payingdnties under protest and a man having his property sold for the nonpayment of tax illegally exacted.
Mr. ROSS. Idesire to inquire of the Gentfrom Massachusetts [Mr. Heorsu what action has been taken by the committee of conference in reference to exempting $1,000 instead of $600 from the income tax.
Mr. HOOPER, of Massachusetts. The senate had stricken out everything inserted by the House in reference to the income tax. The view of the Senate was that as the income tax has alread been assessed for this year, and as any amendment of the present law in reference to that subject would not affect the tax for this year, there is no necessity for any action upon the question at this session. The members representing the House in the committee of conference cohcurred in that view, and agreed to recommend the striking out of all the provisions relating to the income tax.
Mr. ROSS. I have only to say that I be e the House will not concur in the action of the committee of conference on this subject.
Mr. STEVENS. I know ofsix cases where they have been tried. The gentleman is be hind the times.
Mr. BlNGI IAM. Does the gentleman know any case where the decision has been different from that l have referred to?
Mr. STEVENS. This system is entirely different from that of the customs, wholly different in its parts. Herea man may be robbed of his proicrty at the mere that of a single as sessor withont appeal. It is monstrous; and I had no idea that any good lawyer would be found to advocate it.
Mr. BINGHAM. There is an appeal to the ComrIntRev. 7
Mr. BINGHAM. I have prosecuted an appeal of that sort myself during the present session and reversed the action of the local assessor. I repel the gentleman’s statement, therefore, that there is no up eal. I ask when and where the case of McMil an’s Lessees was ever challenged, much less reversed, in any court in America a case where property was seized without the action of court orjury.
Mr. HOOPER, of Massachusetts. In regard to incomes, as there would be no action until next May, after the meetirrg of the next ses sipn of Congress, the Senate deemed it expe dient to postpone action to the next session, when there would be more experience of the operation of the law. The House agreed with the Senate in striking out all affecting incomes, leaving it as it is at present. In regard to the tax on cotton, the House recede from 5 cents and the Senate from 2 cents, and we havQfixed it at 3 cents.
Mr. EGGLESTON. What has been done in reference to gas?, Mr. HOOPER, of Massachusetts. A compromise was made to continue the provision of the Senate until the 30th day of April next, in order to give the companies affected b it an opportunity to get redress from their different Legislatures. He provision, therefore, continues only until the 30th day of April next. The same question arose in regard to horse railroads, an the same course was taken upon it, allowing the provision of the Senate to continue until the 30th of April next. but with some amendments b which the railroads are required to sell pae (age tickets of not more than 20 with only the tax added. After the 30th of A ril next these provisions will expire, and hot the railroads and the as companies will be left in the same contition as other parties who are nffectedby the tax bill. These are the most important provisions of the bill about which the 2 Houses differed, but if any gentleman desires to make any inquiry in regard to any other article I shall be happy to explain it to him.
Mr. wOODBRIDGE. I would like to inquire of the gentleman what has been done with the bank tax.
Mr. HOOPER, of Massachusetts. There was nothing to be done by the conference committee in relation to the bank tax. The House concurred in the material amendments of the Senate on that subject. The Senate also receded from their amendment in regard to tailors and shoe makers and concurred with the House, so that work not exceeding $1,000 in value will be exem t, exclusive of mate rials. Another amendment inserted by the Senate concerning “mead, ” which my friendfrom Philadelphia [Mr. O’NEILL] was so anxious about, is concurred in with an amendment adding to it “mountings and machinery of telescopes for astronomical purposes.”
Mr. O’NEILL. I am g ad the committee thought the article of "mead" of such importance as to associate it with telescopes.
Mr. HUOPER, of Massachusetts. I yield ‘Jw to my colleague on the committee, the Gentfrom Iowa [Mr. Ar.usox.]
Mr. ALLlSON. The gentleman entirely misapprehended m remark. The committee all agreed that we ad the power. Mr. LeBlOND. The committee came to the conclusion that Congress had the power to regulate contracts made between companies and individuals.
Mr. ALLISON. Not at all; that question was not before the committee.
Mr. HOOPER, of Massachusetts. yield now to the Gentfrom Ohio, [Mr. Scusxex.
Mr. SCHENCK. Mr. Speaker, this bill, as reported by the ComWays&Means, contained in it 2 features, similar in principle, against whiclkI voted throughout. They are involved in this present controversy. One was that gas companies should be permitted to charge over against their consumers the taxes imposed upon them. The other was that railroad companies should be permitted to charge the taxes imposed upon them over against their passengers. Now, I regard this as a pretense to tax the gas and railroad companies, when in fact it is but taxin the people more. Indeed, in the case of the railroad companies, it has gone further, and where the tax was one 8th, or one 16th, they have chargedonecent in addition to their fares, and t as have actually made money out of being taxed. Gentlemen defend this principle, which has been conceded here by the committee of conference, on the ground that if you did otherwise it would be interfering with contracts. Now, I regard this matter in an entirely different light. You charge office holders 5%. upon their fixed salaries. Are they permitted to charge it over against somebody else? Do not the States pass laws fixing the interest on promissory notes at 6%., and do you not tax the income arisin from that limited interest? What is the object of all this? That these taxes shall be paid out of the profits and not be paid by the public.
Mr. A LISON. I desire to explain to the Gentfrom Ohio [Mr. Scunson] that we required these railroad companies, after the passage of this bill, to provide packages of tickets, not more than 20 tickets to the package, to which they shall add only the tax, and not the full cent for each ticket or fare.
Mr. SCHENCK. That obviates one of the difficultics; but it still leaves the principle that you do not tax at all the railway company or the gas compan, but you tax the passen er and the consumer, the public, the people, an under the pretext of taxing these cor)orations it is i'oposed to let them go free of the tax. Now, Isay all this talk of interfering With contracts isamere fallacy. Youseizednponfi;, incomes everywhere; you seine upon themw other they are in the shape of salaries or otherwise. Why ‘1 Because your object is to take so much out of the profits, out of the receipts, out of the property of the person or corporation, and app y it to the pubilic benefit; you take such a contrihntion from them for the support of the public authorities. Now, in this case of the railway compan‘y or gas company, instead of taking so much of their profit or property for the support of the Government, on propose simply to take away with one hand, and with the othefiyou allow them to charge it over against somebody else. Your pretense of taxing them is thus a mere fallacy; you do not tax them at all; it is a mere mockery to say so. And therefore, from the beginning to the end, I have opposed as erroneous in principle, as an outrage upon right, every attempt to relieve these railroad and as companies from contributing anything for the public cod and benefit, because of the allowance m to them to collect that tax from somebo else. And if this principle is sustained by a re art of the committee of conference, as I undhrstand it is, even if there was no other objection to the report, I should oppose its adoption.
Skip Skip The previous question was 2nded, there being ayeQ68, noes 32. The main question was ordered; which was upop agreeing to the report of the comconference. vb.
Mr. STEVENS. I understand that if the U tive side should prevail on this question it wifienable us to have another committee of conference.
The Speaker. A vote against agreeing to the report will either cause e defeatof the bill or the appointment of a new committee of conference, if the House should ask for it and the Senate agree to it.
Skip Skip The question was taken; and it was decided in the affirmative yeas 71, nays 57, not voting 54;. So the report of the committee of conference was agreed to. Mr. HOOPER, of Massachusetts, mtRtv the report. of the committee of conference was agreed to; on the table. agreed to.
Mr. HOOPER, of' Massachusetts. I am further directed by the committee of conference on the tax bill to present the following report: The committee of conferencefurther recommend that the words " by the collector" in line 19, page 140.in the text of the engrossedbill bestricken on This is merel a verbal correction.
The SPEAKER. A message from the senate has been received, announcing that that body has unanimously agreed that this change shall be made. It requires the unanimous consent of both Houses to change the text of a bill after it has passed. Is there any objection to the change being made as recominen ed by the committee of conference? There was no objection. HOLDING EVENING SESSION.
Mr. MORRILL. I move that the House take a recess at half past 4 o’clock this after noon, to meet again at half past 7 o’clock, for the purpose of proceeding with the consideration of the tariff bill. The motion was agreed, to; there beingayes 69, noes 35. TARIFF BILL AGAIN.
Mr. MORRILL. I move that when the House shall ain resolve itselfinto the ComWhole on the state of the Union, all debate on the' pending paragraph terminate in one minute. The motion was agreed to.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion wasagreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Snowman in the chair,) and resumed the consideration of House bill No. 718, to provide increased revenue from imports, and for other pnr oses. TTie CHAIRMAN stated that the question ’recurred' on the amendment offered by Mr. KELLEY to the amendment of Mr. HOGAN; and that all further debate had been limited toone minute.
Mr. KELLEY. I wish to say the object is to make the duty on the manufactured articles equal to the dut on the raw material. We have increased the latter, and I wish now to make the former commensurate with it. If the raw material of Italian marble is to be imported into this country, I want the labor of manufacturin it done here and not abroad. The CHA MAN stated that debate was exhausted.
Mr. KELLEY’s amendment was disagreed to. The question recurred on Mr. Hooas’s amendment.
Mr. HOGAN. I will modify my amendment so as to make it 100%. The amendment was disagreed to.
Mr. HOGAN. The committee agreed to 75%. instead of 70. I believe that is universally conceded.
The CHAIRMAN. All. debate on this par agraph has been terminated.
Mr. HOGAN. I moveto make it“ 70 5” instead of “ 7 t.” The amendment was disagreed‘to Mr. HOGAN. I move to add the following: On marble slabs and tiles onedollar persquare foot, and.in addition thereto, 25%. ad oaloma.
Mr. MORRILL. Strike out “square” and insert “cubic.”
Mr. HOGAN. I accept that modification. The amendment, as modified, was agreed to.
The Clerk read as follows: On nickel, fort cents or oundi onalloy of nickel with copper, am onm or, 40 centsperpound; on nickel matte, speiss or oxide, 30 centsperpound: on manufacturesof nickel. or.of which nickel shall be acompoiicnt materialofehicfvalue, 50%. advfllormt; on ores of nickel and cobalt orce, 10%.ad valor am.
Mr. HUBBARD of Connecticut. I move to strike out “ on nickel 40 cents peround." Mr. Chairman, I want to understand how it is that the duty on this article has been quadru pled by the report of the committee. It is here proposed to make it 4 times what it is in the existing tariff. I do not know that I am in error in regard to this article or the interest of the countryin the subject. If I am the chair man of the committee can‘correct me. The tariff at present is 15%. advalo rem, an the article during the last year has paid a large revenue to the Republic. It has contributed its full share of the $170,000,000 in gold that we have received from the 'present tariff. Now, I find from 15%. it is.roposed to increase it to 40 cents perpound. If this increase be adopted it will be entirely prohibitory, and we cannot expect to receive a cent of duty on the article of nickel hereafter. I understand, Mr. Chairman, that 80%. of this article used in this country comes from abroad. It is used extensively in making white metal or German silver. If this tari be ado ted, 1000s of individuals who are engage in the manufacture will be driven out of employment. I would like to have the chairman of the Committee ofWays&Means say wh the duty on this article has been increase fourfold?
Mr. MORRILL. I do not respond to the gentleman because there are others who wish to take part in this debate.
Mr. HUBBARD, of Connecticut. I presume it is proposed to increase the duty on this article to the extent of prohibition, in order that some interet in Pennsylvania may be protected. I do not believe that the interest of the Republic generally requires such an increase of duty on this artic e.
Mr. KASSON. I have the floor, but I feel bound to give way to a member of the Committee of syn and Means.
Mr. GARFIELD. I desire to offer an amendment before the question is taken on the motion to strike out. I propose to insert “on nickel, 25%. advalorem." There is only a small district of country in the U.S. where nickel is produced, namely, one or 2 counties in Pennsylvania and a small part of NewJersey. Not more than two' or 3 parties have ever produced it in this country. It enters into the manufacture of German silVer and white metal wares generally. The manufacturers of articles made chiefly of nickel have paid into the Tressury during the past ear $200,000 of internalrevenue. They on t to be cared for as well as the original proucers of the raw material. I call attention to the history of the legislation on this subject hitherto. In the tariff of 1842 nickel was free. In the tariff of 1846 the duty was 5%. advalorcm and continued so for 11 years, when, under the tariff of 1867, it was reduced to' 4%. That rate, was continued until 1861, when it was a in made free, and continued so until 1864, w an a duty of 15 i eent. was put upon it. And now, by this bill, the duty proposed is 40 cents perpound, which is about 40%., advalorem, the article being purchased in foreign ports at about one dollar a pound.
Mr. GARFIELD. The cost here is about one dollar and 75 cents, which sum includes the duty and cost of transportation; but at the foreign port s it is valued atrabout one dollar and 5 cents perpound. A duty of 40 cents perpound is therefore about 40%. advalorem, and it is an increase of the present rate of nearly 175%. There is another fact to be considered. The reducers of nickel have an exclusive mono o y of the business. They supply the U.S. Mint with nickel for comage and have recently had a very lucrative contract with the Government to supply the metal for the one, two, and 3 cent coina e. A few days ago we passed a law to authorize the coinage of a 5 cent piece, composed partly of nickel; so that these men will have 0. Further continuance of Government patronage. I think we should have some regard for the large manufacturing interests which are obliged to use this article as raw material. The amendment I have offered will give adequate protection to the producer, for it is an advance on the present duty of 65% and it will also be in fair proportion to the duty on the products of nickel.
Mr. HOGAN. I would like to inquire of the gentleman whether the U.S. Mint instead of using American nickel does not import Enlish nickel to make the coins of, paing no duty thereon.
Mr. GARFIELD. I believe the officers of the Mint have contracted with the parties in NewJerse and Pennsylvania to supply the Mintwith tie metal they need for coinage, and they have been using American nickel exclusively for 7 or 8 months ast.
Mr. MOORHEAD. I move, proformii, to strike out “ 40 cents” and insert “ 50 1 cents." Ihope the report of the committeel will be adopted, and I only make this motion for the purpose of relying to mv colleague j on the ommittee of Yays and Means, [Mr. 1 GARFIELD.] I was very much surprised at 2 1 propositions he introduced here, and the 1st: and most astonishing one was to change the: report of the committee from a specific to an ad) valorcm duty. I have been exceedingly 4 anxious, being in favor of protecting American manufactures, to change our system from advalorcm to specific duties. In the old countries where they have had a tariff for very 5 man years they have almost entirely abol l isbe advalorem duties. I am told that in France, out of 1500 items there are but about 20 that have advalorem duties put upon them, while about 40%. of our own tariff is advalorem. The other proposition, or rather statement, that the gentleman made was that he should go against an advalorem on miucrals that we produce in this country. Sir, whenever you can develop from the bowels of the earth anything and turn it into gold, nickel, or anything else, so muchis cleargain; all the labor, every thing connected with the development of an article and the bringing it into commerce is so much clear gain to the community. It is not necessary, therefore, to say much more; I will only ask to have read, as apart of my remarks, a portion of a letter addressed to me recently By Joseph Wharton, Esq., of Camden, NewJersey.
The Clerk read a portion of the letter, as follows: “I have now been strugglingfor more than 3 year: to establish this important industry here, but for 2 reasonsmy efforts have hitherto produced little but vexation and loss. Thesereasonsare, 1st. that though I succeededin making somepretty and I nickel I found it impossiblewith such light an aid i aslhadtobringthis mostdilficultmanufacturcwithin any reasonable time to the same point of excellence and econom which bylonzexperioncothofluro onus had reache: 2nd, I wasobligedtobuy myc emi cals and other materials at the high rates brought about by the high general scale of tariff and was obliged to sell my product at the low rates which foreign nickel(subjectto a tariff for below the enoral scale)could besold here at. I hadto give upt cfight of course. and tostopmy works but usmy meansand resolutionwere not exhausted instead of abandoning the enterprise, I cast about in everywa togotqitthe sbeensdt pinrgocmeyssesbymeansof research an inquiry and chemiston a tour to England and Ger man. "Having satisfied myself that Dr. Theodore Flirt monn is the ablegtman in the world in this business, Ihave induced himtoeome over here and huve formed a.partnership with him. which I believewill entirely do away Withdifficulty numberone. The nickel firm of Flirtmann A: With. of which Dr. Flirtmann is head, is, the I believo. the2ndin the world in magnitude; and the 1st .In the world for excellenceof prod uc.
Mr. IMOORHEAD. I wish to say that the gentleman who has written this letter, and who is developing the production of nickel in this country, sent to Prussia and obtained the ser I faces of a most distinguished gentleman. who ! i| now in partnership with him in this new industry. Ihope itwill not dheevcerluosphineg! l out by the action of this House. I withdraw my amendment to the amendment.
Mr. GARFIELD. I renew the amendment to the amendment. I wish to notice for a moment some of the objections which the Gentfrom Pennsylvania [Mr. Moosnmn] raises. The 1st is that I have proposed to change the duty from specific to advalorem. Now, I am perfectly wiling to make this duty specific. I agree with the gentleman that generally that is the better way. I only ma. e it. advalorem because I did not know exactly what the corresponding specific duty was. But I would like the attention of the gentleman for one moment. I recollect to have seen a man attempting to bale out a boat that had no bot tom to it; and forevery pail full be poured out of the boat of course another pail full came right into the boat again. Now, when people propose to protect the production of an article y putting the duty upon it so high as to crush out its use in other manufactures, they are but pouring the water out of the boat to come right in again. Now, what is the use of our producing nickel in this country at all unless we have manufacturers to make use of it? But if every manufacture in this country that uses nickel is broken down, what is the value of its production ‘I
Mr. MOORHEAD. Then I would ask the gentleman what was the use of developing the iron producing interests in this country when we could at that time purchase it cheaper from abroad than we could) make it. Yet we can now cope with the world in its production.
Mr. GARFIELD. We use nickel in this country for making white metal and other manufactures. And the only object of protecting the nickel producing interest is to supply to this country the raw material for our manufactures. But if the gentleman breaks down our manufactures which i use this article, then his nickel mines will not be worth a twopence. The mapufactures in which this article is used will be brought in from England, Prussia, and other countries where the are rodneed, and that will be the result of is pp icy. Now, if the gentleman‘s Pennsylvania friend could for 11 years run his nickel mines without the protection ofany duty whatever, he will probably be able to run them with the protection of a duty of 25%. [if he was enabled to run them before 1864, without having a duty of more than 5%., then he can surely run them now with a duty of25 or cent. Iflie could run them under the t ari of 1864, with a duty of 15%., I suppose he would not be cruslie out and ruine with the advantage of a duty of 25%. Now, I 0 not propose to be led offiiito this fallacy of running up the duty to such an exorbitant extent as to ruin every thing else connected with it under the plea of protecting this particular interest, but event equally to ruin it entirely. Now, if the gentleman would rather have the duty at 25 cents perouud, instead of 25%. ad iia orcm, I will not make much objection to so modifying iny amendment, though that is raising the duty 80%. over the present rate.
Mr. THAYER. I want to ask the Gentfrom Ohio Mr. GARFIELD] a question.
Mr. THAYER. Is there any other industry or interest whichis Opposed to a high protective duty on nickel except the German silver manufacture ‘I
Mr. GARFIELD. Only the German silvar manufacturers, and every person who uses German silver ware.
Mr. THAYER. I want to ask the gentleman whether the German silver mauu acture (Here the hammer fell.
Mr. HUBBARD, of onnectieut. I say there is no nickel ore in this country that is fit to be worked. But there are 1000s and 1000s of individual common day laborers now embarked in the business of may 'ing white, metal and the German silver, for which this metal is needed, and which they are compelled to import from abroad. It is not reduced in this country. It cannot be proneed here. Yet we are called upon by my respected friendfrom Pennsylvania to protect the interest of one single man who is experimenting in the production of this nickel ore, in opposition to the interest of 1000s upon 1000s of day laborers who use this material in the man ufactories in which they are engaged. Now, Mr. Chairman. no man can doubt that the duty here proposed is entirely prohibito. If it be adopted we shall not realize a sing a dollar of revenue from thissource. Under the present tariff, with a duty of 15%. advalorcm on this article, we have received a large amount of revenue from this source during the last vear.
Mr. MORRILL. For‘the purpose of termi nating debate, I move that the committee rise. The motion was agreed to. So the committee rose; and.the Speaker havinw resumed the chair, Mr. SCOFIELD reportedthat the ComWhole on the state of the Union had, nccordin to order, had under consideration bill of the house No. 718 to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. nuxnas PATENT.
The Speaker, by unanimous consent, laid before the House a communication from the SecyInterior in reply to a resolution of the House of May 26, in regard to the reissue of the Dnndas patent for cultivators; which was referred to the Committee on Pat. ents and ordered to be printed. TARI I‘F BILL AGAIN.
Mr. MORRILL. I move that when the House shall avain resolve itself into the ComWhole on the state of the Union, all debate on the pending paragraph and amendments thereto terminate in 7 minutes. The motion was agreed to.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorinm in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, an for other purposes.
Mr. MORRILL. I merely desire to occupy the time of the committee long enough to giye some information which may be necessary for their proper action on this subject. In 1864we imposed upon nickel a duty of 15%. A struggle was made for a higher duty. I resisted that effort because I thought it impossible to place a sufficient amount of duty upon German silver ware and argentine ware to afford compensation. The dut now proposed is 40 cents perpound. We have raised the duty upon German silver ware from 40% to 50%. Therefore, in my judgment, this article will be able to bear the amount of duty we have re osed.
The CHAIRllFAIg. Debate is exhausted upon the pending amendment.
Mr. STEVENS. I move, proformd, to amend the amendment by striking out the last word. This nickel is. a very recent discovery in this countr. The Gentfrom Ohio speaks of what the tariff was on this article live or 6 ears ago. Why, sir, the article had not then been discovered in America. The discovery is but recent. As to the mine which has been referred to, I may state that 2 companies that have attempted to work it have broken down, and a 3rd company is now working it at a very great expense, for the work requires an amount of labor and machiner greater than w0uld be supposed by one who ad not seen the thing in practical operation. It costs between one and 200,000 dollars. This man has brought it to perfection or nearly so. The Gentfrom Connecticut says it is good for nothing. if it is not, it will not hurt anybody. What the committee proposes is 40 cents perpound. The Gentfrom 0 io moves instead 25%. advalorem. You do not put any other interest as low as that. Why should this have less protection than others? Show me any interest in which our citizens have been induced to invest their money that has so little protection.
Mr. GARFIELD. Flaxseed has not half the protection.
Mr. STEVENS. Until lately the people of Ohio raised flaxseed more for the seed and threw away the fiber. They had not gone far enough to make it into cloth. I do not know they do so to dny. They sent the cake to Glasgow. I say, that if this manufacture be' broken down now it will be broken down for ever. Mines have been discovered in NewJersey and some in Pennsylvania and some in Missouri. To strike out the duty iIs proposed by the Gentfrom Connecticut will, as the Gentfrom Iowa has well said, break it down forever. You will find no man perse vering enough again to embark $200,000 and.send to Europe for skilled labor. What has come across the Gentfrom Ohio? Has he bought lately some German silver, or has he been where he found them working at it, that he suddenl endeavors to put a less duty on this than it deserves?
Mr. GARFIELD. I desire to say that I impeach no man’s motives on this floor for his advocacy ofany measure, nor do I intend that anyone shall impeach mine. I have no interest in nickel nor German silver, nor have I, indeed, any nickel mines in my district like the Gentfrom Pennsylvania. I only wish to see justice done between the producers at the mines and the manufacturers. The question recurred on Mr. Gsni ‘isnn's amendment to the amendment. The committee divided; and there wereayes 16, noes not counted.
Mr. GARFIELD demanded tellers. Tellers were ordered; and Mr. GARFIELD and Mr. S'rsvss's were appointed. The commitee again divided; and the tellers reported ayes 21, noes not counted. So the amendment was disagreed to. The question recurred on the amendment of Mr. unnsnn, of Connecticut.
Mr. HUBBARD, of Connecticut, demanded tellers. Tellers were ordered; and Mr. HUBBARD, of Connecticut, and Mr. STEVENS, were appointed. The committee divided; and the the lers reported ayes 44, noes 54. So the amendment was disagreed to.
Mr. GARFIELD. According to the suggestion of the Gentfrom own, I move to make it 35 cents peround. The committee divided; an there wereayes 27. noes 40; no quorum voting.
Mr. GARFIELD demanded tellers. Tellers were ordered; and Messrs. GARFIELD and Moonaesn were appointed. Mr. GARFIELD, by unanimous consent, withdrew his amendment.
The Clerk read as follows: On Paris white. dry, oneand a half cent perpound: ground in oil, 2 and a half cents per pound; on whiting, dry. one centJier pound; when ground in Oil, 2 cents perpoun. 0n pens.metallic, 15 centsper gross.
Mr. MORRILL. I move to add the following: on pen holders twclvo centsper dozen.and. in addition thereto.35%. advalorem. 0n pen holdersticks an pen holder tips im orted loparntefy‘six centsper dozeneach, and, in dition thereto. irty 5%. ad rent.
Mr. THAYER. I move to insert the followmg:. On'wqodpencilsnot exccedingsix and 3/4ths ifinfctyhes in length filled with lead or other material% s perass, and in addition thereto, 30 cent.ad a.orem. 0n wqod pencils exceeding'six and 3/4ths Inches in length an additional duty of the same amount for everyadditional 6 and 3/4ths inchesin length. l The effect of the amendment is not to increase the existing duty on lead pencils but simply to prevent the commission of fraud on the revenue which I am informed is frequently resorted to. The ordinary length of pencils is 6 and 3/4ths inches. Pencils are imported 28 inches long and then cut into the ordinary len th when they are received here, so that a duty is paid only on one gross when 4 gross are imported.
Mr. STEVENS. I move to strike out, on page 36, line 60, “ 15, H and insert in icu thereof “ 20, ” so that it will read, “on pens, metallic, 20 cents pergross.” I learn that 5 cents ii gross in addition would enable them to make a fair profit, and no more. I hope there will be no objection to this amendment.
Mr. MORlllLL. I object to the proposition, and hope it will not be agreed to.
Mr. O'NEILL. I wish to say that although the duty under the existing tariff is ten cents, there is an advalorcm of 25%., and I hope that duty will be added to the amendment of my colleague, [Mr. STEVENS.]
Mr. STEVENS. I think my amendment affords sufficient protection.
Mr. O’NEILL. I am satisfied if my colleague is. I hold in my hand a letter from a leading manufacturer of steel pens in which he tells me that in some customhouses of the country they count a gross of pens 144 dozen, and he thinks that we should provide what should make a gross. The hour of half past 4 o’clock p. m. having arrived, the House took a recess until half past 7 o'clock p. m. f.r, !“. EVENING SESSION. The House reassembled at 7 o’clock p' m' 'riimrr BILL.
Mr. MORRILL. I move that the'rules be suspended, and thatthe House resolve itselfinto the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being the bill (H.R.No. 718) to provide increased revenue from imports, and for other purposes, the pending question being upon Mr. STEVEXS’S motiom to amend the pending clause, on page 36, by striking out “ 15 " and inserting “ 20, ” so as to make it read, “on pens, metallic, 20 cents pergross."
Mr. MORRILL. The duty is now ten cents, and we have increased ‘it to 15. I hope the amendment will not prevail.
Mr. STizvuxs‘s amendment was disagreed to.
Mr. O'NEILL. I move to amend by adding an advalorem duty of 25%.
Mr. MORRILL. I hope the gentleman will not persist in his amendments in reference to this article. It seems to me that there ought to be some limit and some moderation in prosing amendments to this bill. I have endeavored to vote against all these proositions for extravagant rates of duties, but find it impossible to keep them from being put in.
Mr. O’NEILL. Allow me to say a word. It must be known to the members of the committee that the district that I represent and the districts represented by my immediate colleagues are, strictly speaking, manufacturing districts. If there are any places in the country where the manufacturers are payin attention to this tariff bill and the proosed amendments to it it is the districts to which I have referred. Hence the frequenc of the offering of amendments by myself an my colleagues. I do not apologize to the committee for doing it for I am hero to do my duty, not only toward those I represent, but. my duty to my country at large. I intend to pursue the ! course I have pursued, and that is to offer | amendments when I think they are right. Now, to come down to this particular amendment, the manufacture of these pens is limited in in neighborhood to one large establishment; resume there are other arge manufactories in the country. These gentlemen whom I know are largely intereste in the mapufacture of these small articles of steel pens, and their testimony to me is this: that under the proposed duty, with the advalorcm, they can get along. The duty now is ten cents a gross and 25 cents advalorcm. The committee have raised the duty to 15 cents a gross, and have taken off the advalorem duty of 25%. Now, these gentlemen write to me that under this tariff they cannot continue the manufacture of these pens. We have raised the duty on steel, an article that enters almost entire] into the manufacture of these pens.
Mr. MORRILL. I am always ready to no knowledge an error. I acknowledge that the advalorem on thisarticle, and also on the article of percussion caps, ‘wns accidentally omitted in. the bill.
Mr. O’NEILL. Then I will be satisfied if the gentleman will put on the advalorem. I ask also that the number of pens that make up a gross shall be specified as 144 ens to the gross.
Mr. DAWES. I do not desire to oppose this particular amendment of the GentfromiI’ennsylvania, [Mr. O’NEiLL;. but [wish to remind him of the fable of the do who was carrying meat over water, and not satified with the substance let it drop and snatched at the shadow. Now, my constituents are deeply interested in this tariif, but I have not pressed those interests for fear of jeopurdizing the whole measure. I would rather have reasonable protection, because that which is reasonable and not high will be more likely to be permanent and to continue for the lasting benefit of my constituents, whereas if it be too high, though it may last through this session of Congress, it may bring down upon my constituents a great reduction., Now, I think that if the Gentfrom Pennsylvania would consult the interests of his constituents, and perhaps he will not thank me for telling him what the interests of his constituents are, he would not act upon the resolution which he has announced that he is determined to act upon, and that is to get the highest duties for his constituents whether or no, because that may end in losing everything.
Mr. WINFIELD. If there is any way of protectin g ourselves against this perpetual talk I shall insist on that protection.
The CHAIRMAN. There is no protection except under the rules of the House. The question‘was taken on Mr. O’NEILL’S amendment, and it was disagreed to.
Mr. ROSS. I move to amend so as to make the duty 5%. With the consent of the talkative gentlemen upon the other side of the House, I will say that if a stranger were listening to our deliberations he would be solemnlyimpressed with the deplorable condition of our country. No gentleman has spoken on this subject who has not disclosed the lam entable condition of the manufacturers of this country; many of them are languishing and likely to break up, and unless a high tariff is passed, it appears that utter, irretrievable ruin is to fall upon the manufacturing interests of the country. I have observed during the prog ress of this discussion that there has been a persistent effort on the part of all those representing the manufacturing interests of this country to club together or the purpose 'of fastening upon the country a high protective tariff. I have never seen a scheme so adrmtly maneuvered for the purpose of filching money from the consumers. 0 this country and be stowing it upon the manufacturers as has been exhibited by the action of this House. Sir, if there is anything required beyond what this Congress has already done to make the country look with contempt and derision On its action it will be the passage of this im quitous measure which is now attempted to be fastened upon the people of the conntry. gentlemen have 0 only combined here on the principle that ifyou‘ll tickle me I’ll tickle you;” if.on will vote to fasten n on the country a hig protective tariff for the benefit of the interest that I represent, I will vote for your interest. It is by such corrupt bargains and intrigues as these that it is attempted to fasten this iniquity upon the free people of this countr. I tell you, sir, they will spam it from them. Here the hammer fell.
Mr. MORRILL. Onfeell? of the greatest iniquities in relation to this bill, one of the most preposterous motions that has been made; was a motion made by the gentleman lfom Illinois himself, which was happil defeated. I move to amend by inserting after the words “per oss” the words “of 140 our pens, and, in addition thereto, 25% advaloremf
Mr. O’NEILL. I certainly understood the chairman of the ComWays&Means
Mr. Monaura] to accept my amendment, which is the same as he has moved.
Mr. MORRILL. I am perfectly willing the Gentfrom Pennsylvania [Mr. O’Nsii.i.] should have the credit of the entire amendment; I only desire to put it in the proper sha e. It
Mr. O’NEILL. That is just exactly whatl want, the credit of my own amendment.
Mr. Mouiunils amendment was agreed to. The estion recurred upon the amendment of ilMr. q8’Nl HLL, and it was not agreed to.
Mr. GARFIELD. I move to insert. after line 60, “on hair pins made of iron wire. 50%. advalorem.”
The Clerk read as follows: On percumioncaps, ten cents per 1,000.
Mr. MORRILL. I move to amend this line by adding the words “and 40%. advalorem."
Mr. SCHENCK. Mr. Chairman, I desire to say a word or 2 upon this question of percussion cups. The erenssion caps that are now imported from Ilugland are worth about $1 80 per 1,000, being the best water proof caps. The French percussion caps are worth about 34 cents per 1,000. The consequence is that the 40 ei cent. advalorcm duty amountsto about 32 cents on the 1,000 of the best English percussion caps, and about 14 cents per 1,000 on the French 'percussiOn caps. And yet this bill, by some mistake as I knew it must be, reduced thelwhole to ten cents per 1,000, far below the present rate. At the beginning of the late war to putdown the rebellion it so happened that the Govern.ment was not able to produce percussion caps, other than Navy percussion caps, sufficient for a single regiment. And yet this interest has now been so built up that we have become entirely independent of the foreign ercussion " caps. And I trust that nothing will e done to neutralize that interest, but that we shall keep within our control that and everything else we may need in time of war. go to Belgium for rifles or to England for percussion caps. I now understand it was the intention of the committee to do whatI thought Ought to have been done, to increase the tariff upon percussion caps by retaining the present duty of 40%. advalorem and adding ten cents per 1,000, which I think is proba bly a fair tariff.
The Clerk read as follows: photograph albums. portmonnales. pocket boo, wallets. cubes and leather a s. an frames for leather bags and portmonnaies. 60%. advalorm No amendment was offered.
Mr. KEhLEY. I move to insert after the paragraph inst read “on file, or gold or silver spun on si k,worsted or cotton ouillon, and I trust the time, will never again come when we shall have to, lame, or flat vnre, 20%. ad cillorem. "i That is for the purpose of reducing the duties on 2 or 3 articles which come into this country as raw material, but upon which the duty is higher than upon the manufactured article.
Mr. MORRILL. I believe the amendment of the Gentfrom Pennsylvania [Mr. KELLEY] is right.
The Clerk read as follows: On‘flaster. calcined. one quarter of a cent perpoun.
Mr. PIKE. I move to amend by inserting after the word “calcined” the words “or ground.”
Mr. MORRILL. I move to amend by inserting after the line last read by the Clerk “on putty, 2 cents perpound."
The Clerk read as follows: On soan‘stone.free stone, brown free stone, sand stone and all building stone. exceptmarble. 4 dollars perton of 14 cubic feet.
Mr. SPALDING. I move to amend this paragraph b addin “on grindstones, finished, rough or an own, our dollars perton. of 13 cubic feet.” I ask that small addition for the benefit of the grindstone manufacturers of northern Ohio and Michigan. We have now to comete with the grindstones from Nova Seotia. The ovaScotia men can send their grindstones to the NewYork market, all the way by water, for 3 dollars a ton, while we are obliged to send ours from Ohio and Michigan to the same market at an expense of about 9 dollars perton. If we at on this duty of 4 dol ars perton it wi I still give Nova Scotia 2 dollars the advantage of us. But with this duty we think we can compete with them in that market and furnish a better article than is now obtained from Nova Seotia. "
Mr. MORRILL. We have been in the habit ofimporting rough grindstones free, and they form a veryconsi erable item in establishments for the manufacture of articles of iron and steel. Some of them contain much more than 13 cubic feet, large stones which are employed in the manufacture of edge tools and scythes. I suggest to the Gentfrom Ohio [Mia SPALDING] that he can hardly desire to impose this duty on those very heavy articles. The rindstones of Ohio will not be carried to NewYork or NewEngland whatever duty vwe may impose. I hope that the gentleman will not propose so high a duty upon rough grind otones, whatever ‘we may put upon finished ones; and the latter form a very considerable item and are usually much lighter in weight. On the amendment
Mr. SPALDING called for a division; and there were ayes 10, noes 25; no uorum voting. The ‘HAIRMAN, under therule, ordered tellers; and appointed Messrs. Sunburn and Pnics. " The committee divided; and the tellers reported ayes 31, noes 40; no quorum voting.
Mr. SPALDING. I am willing to withdraw the call for a division and allow the amendment to he regarded as rejected, ifl can have a vote in the house upon this reposition.
Mr. MORRILL. I have no a jection to that. The amendment was, rejected.
Mr. HOOPER, of Massachusetts. I move to amend the pending paragraph by slrikin out “4” and inserting in lieu thereo “5, ” and by striking out “ 14 ” and inserting “ 13 /Z so that the duty shall be 5 dollars perton of 13 cubic feet. I understand that 13 cubic feet, and not 14. constitute the proper measure of a ton. The amendmentwas agreedto. 0:
Mr. MARSTgN. Imovetilo afiegdnby add in to the ening paragrap the o owmg: “rgind on ristol stones and Bristol bricks, 40%. advalarcm.” vMr. MORRILL. Will not the gentlemen consent to 30%? There is no duty upon those article; now.
Mr. MARSTON. There is a duty of 10%.; but I am willing to do whatever the chairman of the ComWays&Means says is right.
Mr. R DFORD. I rise to ask the chain man of the committee by what authority these bargains are made in this way. A proposition being made, he offers a compromise right in the face of the House. It does see to me that if this whole thing is to be fanned out in thiway, the gentlemen who have the authority to control this matter had better present at once what they are willing the House shall adopt, and let us be done with the subject, so that we may go on with other business.
Mr. MORRILL. If the gentleman means to intimate that I have made any bargain with anybody, I utterly re udiate such an imputation. merely asked) whether the gentleman would not be satisfied with 30%, believing that to be as high a rate of duty as the committee ought to vote, and for no other reason in the world, and there was nothing of bar aiu about it and nothing improper.
Mr. MARSTON. I mo ify my amendment by striking out “ 40 ” and inserting “ 30.” The amendment, as modified, was agreed to.
Mr. SPALDING. I move to amend by in s“erting after the word “free stone” the words rindhtones finished;”, so that the paragraph will read, “on soap stone, free stone, brown free stone, grindstones finished, sandstone, and all building stone, except marble, 5 dollars perton of 13 cubic feet.” I think that this will comport with the views of the chairman of the committee.
Mr. MORRILL. Let me suggest to the gentleman. from Ohio that imported grindstones are never sold by the square foot; and he had better fix the duty at so much perton. I suggest to him that the article of grindstones finished had better be included in a separate paragraph.
Mr. STALDING. I modify my amendment so as to add after the pending ragrnph the following: “on grindstones, finis ed, 5 dolla'rs perton.” The amendment was agreed ttv
The Clerk read as follows: On trays and written and all other articlesof in ppraonvnirdde.dgilt or plated ware not herein otherwiao for. 50%. a oalarem.
Mr. GRISWOLD. I move to amend the paragraph just read bry striking out “ 50 ” and inserting “ 60.” esnme that if the Conn mittee of Waysind ‘eans had had ‘proper information they would not have fixe the duty at less than 60%. This branch of manufacture is just becoming established in. this count. nder the present tariff the advance in the cost of materials has more than counterbalanced the advantage arisi from the duty. The increased cost of varnis es resulting fromlthe advanced price of alcohol will render it impossible for this branch of industry to sustain itself unless additional protection be mven.
Mr. RADFORD. I move to amend the amendment by striking out “ 60 ” and inserting “ 30.” I cannot see the propriet of increasing these duties, aspecially when‘it is proposed to make them prohibitory. I believe that the object is to prohibit the importation of these artic es; and r that reason I move to reduce the duty to 30%. IhOpethat the amendment will be adopted. Whig
Mr. MORRILL. I move to reduce it to 49, for the purpose of saying that the committee raised the duty from 40 to 50%. for the reason that we have raised the duty on iron lrom the present rates. I hope it will be allowed to remain as we have reported 8 it. The Gentfrom Ohio says that NewYork importers declare our existing tariff is prohibitory. when the fact is we have received under it this last year over $169,000,000 in revenue, which contradicts the declaration. I withdraw my amendment. The question recurred on the amendment offered y Mr. GRIBWOLD, and it was disa greed to.
The Clerk read as follows: On umbrellasandpurusols.andsticks. frames.tips. runners. wiro. stretchers. handles or other parts thereof. 60%. advalor em.
Mr. O’NEILL. I move to add after the word parasols “ 70%. advalorem. ” I do this because I see there is no discrimination between the article already made up and the materials that enter into the manufacture of the article. They all pay the same duty by the bill as it stands.
Mr. MORRILL. All the materials used in the manufacture of this article are included, as was done in some other cases, pen holders, for instance, in order that they should not be imported in separate pieces and then be put together in order to escape the duty. It was for the purpose of taking care of the umbrella manufacture that the materials were all put in at the same rate. I trust the amendment for a further increase will he rejected. The amendment was disagreed to.
The Clerk read as follows: On watches, watch movements, parts of watches and watch cases. of gold, silver. plated or other metal. 30%. ad rm/ormu;on chronomctors of all kinds and parts of chronomotors. 30%.rid on orcm. 0n whips. 50%. advulcrcm.
Mr. GARFIELD. I move to insert as an additional paragraph, “on gun cotton, 50%. advalorem.” The materials of which 'gun cotton is made are arranged for in the tariff, and in order to make them harmonize, or make them about equal, I think it is a fair duty.
The Clerk read as follows: SRO.ll. Amibe ilfurlher cum ted.That in lieu of the duties heretoforeimposedby law on the importation of the articles hereinaftermentioned.thereshall be levied. collected and paid the following duties and ratesof duty. that is to say: 0n allF| i13(.ooifl. 12 dollars perpound. 0n puimonm.alcoholic, spirits of. filly cents perlUlll 4. 1 0n nnaline dyes. crystal. 75 cents permm. p On aiinline dyes.paste fortp'centsper pound. On analiiio dyes. iquid. cight centsper pound.
Mr. GRISWOLD. I believe I have the approbation of the committee in offering to amend y striking out the last 3 lines, so as to leave the present duty remaining. I believe the committee were under a misapprehension in regard to this business. suping that it was not conducted on a suificieufilarge scale. Now, there are 2 establishments in England and one in France, and we have 2 in this country, for the manufacture of this article. 1 proose, after striking out these 3 lines, to offer a substitute imposiu a duty on the crudearticle. I submit whether that does not meetthe approbation of the committee.
Mr. MORRILL. I am not particular in relation to this matter and if no other person in the House objects, fwill not. The amendment. was agreed to.
Mr. GRISWOLD. I now move to add in lieu of the lines stricken out, “on crudeaiialine oil 10%."
The Clerk read as follows: On anhydrous boracio acid. 25 cents perpound.
Mr. MORRILL. I movetostriko out “ 5” and insert “ 7, " so that it will read, “27 cents peround.” I find on further investigation an information from scientific gentlemen, that 27 cents is the proor rate in proportion to the duty on bornx an boracic acid.
Mr. ROLLINS. I ‘move to transfer line 36 so as to have it come in after the line last read, as follows: On hydratedhoracic acid. 12 centsper pound.
Mr. MORRILL. I move, in the 1st place, to strike out “ 12 ” and insert “ 15.”
Skip Skip The amendment was agreed to; and the transfer was accordingly made. the clerk read as ollows: 0n danodyne. Hofiman's, sevonw flve cents permg: arsenic and on arsenous and arsenicacid. 10%.ad Mlorem. 0n black lead or plumbago.one cent perpound.
Mr. HALE. I move to add after the word “cent” the words “anda half, ” so that it will read “one cent and a half perpound.” I understand this is assented to by the commit tee. I move it on the round of increasing the revenue with incidenta protection.
Mr. LeBlOND. That is refreshingtothis side of the House, surely. [Laughter]
Mr. HALE. I move to insert on page 88, after line 15, "on crucibles made wholly or in part of plumbago or black lead, 40%. ad ralorem."
Mr. RICE, of Massachusetts. I desire to inquire of the ComWays&Means the reason fordimbling the duty on plumhago. I move to amend the clause by striking out “one cent" and insertin “1/2 cent.” The amendment was disagreed to.
The Clerk read as follows: On burning fluid. 3 dollars pergallon.
Mr. MORRILL. I move to insert afler that clause, “ on carmine, lake, and woodlake water colors, 40%. advalorem.” The amendment was agreed to.
Mr. HENDERSON. 1n the clause in relation to burning fluid, I “ move to strike out 3 ” and insert “two, ” so as to make the duty 2 dollars pergallon. I am under the impression that this provision of the bill must he amistake. The ComWays&Means couldnothave intended to put the duty so high. When General Jackson was asked if he was in favor of a tariff, his answer was that he was in favor ofajudicious tariff. I am in favor of a judicious tariff. I think somethings ought to be taxed and some ought not. I think that luxuries and ornaments ought to be taxed, and taxed heavily, but I think that such things as air and water and light ought not to be taxed. I understand this to be a tax upon light. I recollect that the present chairman of this committee, [Mr. Scorisui] made a very handsome speech in regard to furnishing light to the poor man. I am in favor of furnishing light to the or man, and I think this is a mistake. I iigve moved to reduce the duty one dollar in the hope that some other gentleman will feel disposed to reduce it still power. I.do think, that we should furnish light in the cheapest manner lpossible, and I hope that my amendment will prevail.
Mr. MORRILL. The reason forraising the duty on this article is apparent to every one in the House who knows anything about the may terials from which the article is made. It is made from alcohol and spirits of tu entine, and the duty on the alcoho if only 1/2 the quantity were used would be 2 dollars pergallon. As to this article being used by the poor, I suppose it has been obsolete since the iscovery of petroleum, a superior article at half the price. Why, sir instead of reducing the duty on this article, I would rather enact that the man who invented it should be him, for until petroleum was discovered not a wee passed thatyou did not read in the newspapers of some accidents by which some persons lost their lives by the explosion of these burning lluid lam. There was no week when it could not have ecu properl indicted as a murderer. The question was en on Mr. Hssnsnson‘s amendment, and it was disagreed to.
The Clerk read as follows: On cloves.oil of. 3 dollars perpound. On colognewater and other perfumeryjavorru extracts. essences.tinctures. liniments. medicina compounds.apd migt. of which alcohol formst the principalingredient. 50 ier alloii and in addition thereto. 50%. onorcm. 0n cordials of al kinds. sweat, 3 dollars perpound. 0n orgot, oil of, tel1dollars perpound. On orgotine.ten dollars perpound. a“ as“assassiizsrrsra pm‘viidgabi.mpdo perpound.
Mr. ROLLINS. I call the attention of the ComWays&Means to that last clause. I presume it is a mistake; the duty should be one dollar instead of ten.
Mr. MORRILL. As the Gentfrom NewHampshire is an expert in these articles, I should be disposed to yield to him in re rd to this matter, but we took the rate which is inserted here from the report of the revenue I commissions.
Mr. ROLLINS. I move to strike out “ ten” and insert “ one.”
Mr. MORRILL. I would ask the gentleman if he knows what material fluid is made of.
Mr. MORRILL. Well, if it is made of al cohol the duty on the alcohol would be 4 dollars a gallon. in. ROLLINS. I will modify my amendment so as to strike out “ten” and insert “two.”
The Clerk read as follows: On glycerine, 40%. ad oalorem.
Mr. O’NEILL. I move to amend that clause by striking out “ 40%. advalarcm, ” and inserting in lieu thereof “2fire cents perpound.” It is alleged that there is agreat deal of fraud practiced in the importation of this article, and I hope the chairman of the ComWays&Means will allow the duty to be made specific.
Mr. MORRILL. In order to avoid any mistakes in the customhouse, we have enumerated this article by name and imposed a duty of 40%. advalorem. I trust the duty will not be increased. It is made often of burnt flour. The amendment was not agreed to.
Mr. GARFIELD. I move to amend by inserting after the line last read, “on nitro gly cerine 0r nitroleum, 50%. advalorcm.” Nitro glycerine is an exp osive material almost the same as gun cotton, with the excetion of havin glycerine fat as a base inst ea of cot ton. propose the same duty as on gun cotton.
The Clerk read as follows: On gum benroin or Be ‘amih. Senegal. Arabic, tragacanth. Barbary. East ndia, ] odds and amber, 10%.ad valorcm. 0n gum canal and other gums and resine us substancesusedfor the same or similar purposes, 3 centsper pound. On umshellac. 3 centsper pound. On liytlrated boracioacid, 12 centsper pound. 0n lend, sugarof, 25centsper pound. 0n lend. acetateof, 30 centsper pound.
Mr. MORRILL. I move to amend by striking out the words “ on lead, sugar of, 25 cents perpound, ” and to insert after the words “on lead, acetate of” the words “or sugar of.”
Mr. O‘NEILL. I move to amend by inserting after what the Clerk has just read, “ on red prussiate of potash, 12 and a half cents perpound; on yellow prussiate of potash, 7 and a half cents perpound." I hope the chairman of the ComWays&Means [Mr. MORRlLL] will help me to carry this amendment. Some weeks ago the important interests engaged in the manufacture of these prussiates went before the Committee of Wa s and Means and endeav ored to show why the duty should be increased. And I understood they went away with the im ression or'understanding that the duty would be increased. They desired at 1st to have a duty of 15 cents on red prussiate and ten cents on the other. They went away with the belief that the committee would recommend 12 and a half cents on the red prussiate and 7 and a half on the other. I believe this amendment is just and proper, and I hope the chairman of the committee will consent to it.
Mr. MORRILL. We had a great deal before the ComWays&Means in relation to chemical preparations. But after mature deliberation we came to the conclusion that it was too hot weather to go into the study of chemistr to such an extent as to acquire the knowle ge necessary for a proper understanding of these subjects. In'order to understand fully anyone of these preparations, a fleet deal of accurate information is necessary, cause they are all more or less related to each other, and if you touch one you thereby create a necessity for touching all the other members of the family. I therefore hope the ComWhole will not adopt any further amendment in relation to these chem ical and medicinal preparations. The amendment of Mr. O’NEILL was not agreed to.
The Clerk read as follows: On linseed.flaxseed, hempseed, and rapeseedoil, 30 centsper gallon.
Mr. MORRILL. I merely wish to say that whether my remarks were an appropriate an swer to the Gentfrom Ohio I leage for the House to determine. Now, Mr. Chairman, in relation to this article, the withdrawal of the right to a drawback upon the export of the oil cake will make a difference against the eastern crushers of 3 or 4 cents perallon.‘ The fact that until 1861 we always allowed a duty of nearly twice as much upon the oil as we did upon the seed shows what the idea. of Congress has been on this subject for more than 30 or 40 years. All I now desire to do is merely to wash my own hands in reference to this matter. MrQWENT WORTH. I hope that the chair man of the ComWays&Means has washed his hands for this time, henceforth, and forever. I hope that hereafter be will let our agriculturists alone and will confine himself to other matters. I have nothing more to say. [Laughter.]
Mr. HOOPER, of Massachusetts. I move to amend by inserting after the words “lin seed, ” “ fiaxseed, ” and “hempseed, ” respectively, the word “oil.” As the paragraph now stands the language is, I think, somewhat ambiguous.
Mr. MORRILL. I suggest that it would be better to strike out the word “oil” after the word “ ra eseed” and toinsert before the word “linseed the words “oil of;” so that the clause will read “on oil of linseed, flaxseed, hempseed, rapeseed, ” 8:0. 1
Mr. HOOPER, of Massachusetts. I modify my amendment as suggested by the Gentfrom Vermont. The amendment, as modified, was agreed to.
The Clerk read as follows: On nitric other, spirits of, one dollar perpound.
Mr. MORRILL. I am directed by the ComWays&Means to move to amend by adding “on nitrate of soda, 1/2 cent perpound.”
Mr. HUBBARD, of Connecticut. I move to amend by adding the words “ and on muriate of otash, 10% advalorem.”
Mr. MORRILL. If the gentleman will say “ 15%.” I will not object. see
Mr. H BEARD, of Connecticut. Then I modify my amendment by striking out “ten” and insertin “ 15.” The amendment, as modified, was agreed to.
Mr. WILLIAMS. I move, proformii, to strike out the last word. The Gentfrom Vermont underrates the value of the article in which the State is so rich. I can inform him that in Camden, NewJersey,:1single establishment is consuming 4 tons perday of the ores from his own State, which they are not expected themselves to manufacture into sulpliuret. So there is one market for the article if he is willing to furnish it. The gentleman’s argument assumes that this article of soda ash has been protected. The protection given to it, of half a cent a ound, is a mere mockery and delusion, intended to seduce men into the manufacture, but without furnishin the means of compensation for their risk an labor; and so it has happened that the manufacture has struggled along without protection until it has utterly failed; and now some of the manufactures into which that article enters are successfully carried on in this country because they have protection at the hands of the government, while this important and useful article has no protection whatever. Now, what interest is to be damaged by this increase? It affects nothing. The article, it is true, enters into the composition of glass. soa), and paper to some extent. How much will this affect them? The effect is entirely insensible, and the increase made in the duty on the article of glass last night will more than indemnify them.
Mr. MORRILL. I leave it to your colleague to answer that.
Mr. WILLIAMS. Yourcoll England [Mr. Dawn‘s] happens successful in movinghn amendment in regard to the article of glass. But what Would he the difference? One 4th of a cent perpound. What would be the difference to the soap manufacturer? One 6th of a cent perpound. Would they comlain? They are willing, so far as we at the , v'est are concerned, that the article should be adequately protected, because it would secure stability in prices and abundance of supply. gHere the hammer fell.]
Mr. HOGAN This is rather an important question. I think that if there is any article at all that we ought to make efforts to produce in this country, it is this, for all the materials entering into it are to be found here almost together. The State which I have the honor in part to represent'has all the elements out of which to make this commodity. We have pyrites of copper and yrites of iron; we have sulphate of copper and salt and limestone and coal. We can produce this commodity, if a little effort be made, cheaper than England can produce it, for she has to get copper ore from Spain out of which to make it. Now, e from New why should it not be made at home? Why should not some protection be given to it so that we may make it at home? Every man that makes soap in this county has to send to England to get this soda ash. to be more. i
Mr. MORRILL. I desire to ask my friendfrom Missouri whether sulphur is used to make soda ashor not.
Mr. HOGAN. Sulphate of copper is used and sulphate of iron is used.
Mr. MORRILL. It is used to make caustic soda, but I was not aware itwas used to make soda ash.
Mr. HOGAN. It is used for that purpose in combination with salt and limestone and other articles. We have in our State anilliin itable supply of all these articles; and Wehave in the city whichI have the honor to represent chemical works in which this commodity could be made so as to supply the paper makers there, and the soap makers there, and furnish it in a liquid state. thus savin the cost of 1st reducing it to powderin 0 or that it may be brought to this country from England. 1 hope that something will be done by the committee that will tend to open up such sources of national wealth as this is and enable us to be independent of the productions of England, to which country we are now compelled to look for this commodity.
Mr. MORRILL. I merely rise to say that in my judgment, the paper manufacturers, the glass makers and the soap makers can better afford to buy up this man for half a million dollars than have the duty raised on this article.
Mr. WILLIAMS. I withdraw my last amendment.
Mr. KELLEY. I renew the amendment to the amendment. And as the chairman of the ComWays&Means [Mr. Moumtt] has just said that the aper makers of this country could well afford3to buy olf the party that wants this for half a million dollars a year, Iwill ask to have read a letter from the largest paper maker in the country, the head of a firm that is now turning out wood pulp for aper; cutting down the trees of our forest on converting them into pulp for printing and writing paper. I ask that his letter be read.
The Clerk read as follows: PHILADELPHIA, June 29, 1866. DEAR.Janos: When I last saw you I told you that I was not in favor of IHCTEHMDR hZe duty on soda ash.but upon reflection I think that we ought to put sufficientduty on it to induce parties to go into the mmaanyusfaaycetunrteiroeflyit. here. We arenowdepepdent on on England for the article. but is thbaatedoeunnoturygh in timeof peace. but in caseofwarwith thereare manybranclicsot manufacture here that would be ruined for the time. Adequate dutieson otherthings sufficient to admit of ourmak in: the articles here) have always. I think. resulted in buildingup the manufactures of such articleshere; and in the end, those articles have settled do wn at prices below what the sumo articlo of foreign manufacturewas tormerlysold at. I shall therefore be pleased to have you do all that you can to have the duty on soda ash increasedto onp and a half or 2 centsper pound, and hope you Will acethe propriety of doing so, and of doing immediately all you can to bring it about. Yours truly, A. D. JESSUP. Hon. W. D. Iii inter. Washiuohn, D. 0.
Mr. KELLEY. Mr. Chairman, thereis probably iio iaper maker or glass maker iu the country who is so large a consumer of soda ash as the firm of Jessup & Moore, of which Mr. A. D. Jessup is the senior partner. Now, we know that during the last year our dependence upon England for this article ran the ‘price up from what it used to be, from 2 an a half or 3 cents perpound to 12 cents, and at one period of time to 14 cents perpound. This is an article which is an element. of our bread, an element of our soap, on element of our glass, and an element of1,000 and one of our products. But so much are we dependent upon foreign countries for our supply ofitthat with a.long westerly Wind, and the wreck of 3 or 4 vessels loaded with soda ash, the price went up from 4 cents perpound to 12 cents, and touched at.the highest point, 14 cents perpound. Now, if our country should be subjected to vicissitudes of that ind, or should a war with England take place, our manufacturers would have to create soda ash factories; and that cannot be done in a day. We cannot create soda ash factories as we create founderies for casting large cannon, or mills for rolling plates for making iron vessels. It takes from 15 to 18 months to get one of these factories fairly in operation from the foundation u. Therefore, as my correspondent says, it won d be wise to make our country, which contains all the elements for this manufifiiturc, independent of foreign countries, by promoting the manufacture by ourselves. [Here the hammer fell.]
Mr. MORRILI. For the purpose of termi nating debate, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. SCOFIELD reporte that the ComWhole on the state of the Union had, according to or der, had under consideration bill of the House No. 718, to provide increased revenue from imports, and mother purposes, and had come to no resolution thereon.
Mr. MORRILL. I move when the House shall again resolve itself into the ComWhole on the state of the Union, all debate on the pending section terminate in 3 minutes. The motion was agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion wasagrced to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorxsui in the chain) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and) for other purposes. The question was upon the amendment of Mr. KELLEY to the amendment of Mr. will nuns.
Mr. MORRILL. I wish to saya single word more in relation to soda ash, as it is a subject of some importance. The gentlemen who suppose that sulpbur is used in the manufacture of this article I would state are entirely mistaken; it is not used in the manufacture of this article. And what motive there can be for the authors of the letter just read at the Clerk’s desk to urge an increase of the dut on iIt cannot see, unless somebody has 0 ered to supply this article at a certain rate. I do not say that is so, but I do think there must be some interested motive at the bottom. And as we have raised the duty on salt we have placed the manufacture in this country out of the reach of anybody. It can be manufactured only where salt is obtained at a low rate. We have placed the duty on salt so high that it would be utterly impossible to compete with the manufacturers abroad who obtain their salt at a cost of only 6 or ei t cents the bushel.
Mr. KELLE. I with raw the amendment to the amendment. The question recurred upon the amendment of Mr. ILLIAXS.
Mr. MYERS. I move to amend the amendment by inserting “ one cent perpound” in stead of “one and ahalf." [am glad the chairman of the ComWays&Means at last recognizes there is so large an interest in this matter in my district. He failed to recognize it the other day when be persuaded the House to vote down my proposition to give greater protection to the glass manufacture of that district and the country. I make this amendment because I think the amendment of my colleague from the Pittsburg district is too high. If this new branch of industry in the U.S. is not sutficientl protected by 1/2 cent perpound, I hope the committee will recur to the part of the bill which we have passed and odor more protection to the glass manufacturer. At the suggestion of friends I withdraw my amendment to permit a vote to be taken on the amendment of my colleague. The question recurred on Mr. Winnuns’s amendment. The committee divided; and there wereayes 41, noes 40; no quorum voting.
Mr. WILLIAMS demanded tellers. Tellers were ordered; and Mr. Winusns and Mr. Moaaim. were appointed.
Mr. WILLIAMS. I withdraw my amendment, and offer the following:. 0n soda nab silicate of soda, and sol soda. on cent perpouu. 0n bicarbonate and caustic soda. 2 cents perpolfri‘diiluminateof soda, and on carbonateof soda ovor9tlve%.purity. twocentsperpound. The committee divided; and there wereayes 36, noes 56; no quorum voting.
The Clerk read as follows: On red lead, li thargc. Orange mineral. mineral allow and all paipts or plzments of lead. not at or wiss herein provided for, 4 cents per pound.
Mr. O’NEILL. I move to make it 5 cents perpound. As by the order of the House ebate has closed on those paragraphs I Will send to the Clerk’s desk a letter from one of my constituents, Harts of which, marked by me, I desire sboul be read.? The letter was as follows: "I I du“tYyou will notice that the new not increasesthe on red lead, lithargo, and orangemineral, one cent perinund; this advantageis entirely counter balanced y the increasgdduty (in pig lead of one cent.per pound. In addition to this, dry white lead is increasedtwocentsperpound; batmange mineral, which must 1st bedry white lead, (being manufac itsuroendlyfropurioctaerebteodnoanteeof leadandnotpig leaddirect. above, cent.which. as we have sai is pig lead.mThaids.eyoof unoWaivllasiel ebayttohnecaed, sdhitoiownsaigl ndourtaynocne of the chemical nature of tho artioles. “The white lead interest.including orange mineral needs to sustain it clear 3 centsper pound duty over that of pig lead and will, as sure as a sun shines.languish and die out from foreigncometition. should gold fnll to anything like ar. 1 the ncccssar protection is not granted. a whisky tax on il s us. If the Government oppress par goods in one way they should when as ainst ‘uropenn markets. OXidcs of lead (red le and lithargc) should have at legt 2 centsprotection over pig lead. In Euro e, cll as probably at the mipes in this country t ie areis 1st smoltedinto an oxide to obtain the silver before being made into pig le What chance have we to competewho have to buy the pig lead at an additional expeosetotho costof oXido to the foreigner? "These paints are vory important: they do not touch only us but an interest in this couptry.in up paratus, amounting to nearly 5 million dollar: and employing 1,000operatives.". m., The amendment was not agreed to. it;
Mr. MORRILL. I move to strike out “orange mineral” and insert “and a half;” so it Will read “ 4 and a half cents.” 7
Skip Skip The amendment was agreed to., i "! ";
The Clerk read flS fOllOWS! 0n iialtpeter refined or partially refined 3 centsper pound; on white lead.dry or ground in oil, 5 centsper noun.
Mr. MORRILL. I “ oil” mOve to insert after “orange mineral.
Mr. O’NEILL. I move to increase it from “5” to “six.” The amendment was disagreed to.
The Clerk read as follows: Sec. 12.Abife: That from apd afterthe day and year aforesaid.in lieu of the duties heretoforeimposedby law on the articleshereinafter I memtioned and on such as am now be exam t duty. from goodst, hwearreessh, all beloVied.col acted, and pin on the and merchandise nnumerutetfundprotvriideesd, tfhoer fine lltohwisi nsgcedtuiotiiei ism. apnodrtreadtefrsomoftdhui tsyig. ntheoaut nll to say: 0n a/nimals.living. all sorts, 30%. ad onlorem.
Mr. STROUSE. I move to strike out “ 30 ” and insert “ten.” I have not very actively rticipated in the debates on this important ill, not. because I did not feel as much interest as anyone here, but in order to allay the general clamor that Pennsylvania was asking for protection. I have not asked, as a representative of the largest coal and iron region, anything not fair and proper. I think the committee will take into consideration that we ought not to legislate for any section or portion of the country. This is a most. important revenue bill. We should take into consideration the great area and extent of our country. Not because I am a Pennsylvanian, nor because I represent a; mineral district, do I ask protection. I am in faibr of the protection of American industry for all classes, all sections, and all divisions of our country. We must legislate for the masses. of the people and not for the privileged few. We are now payiu from 25 to 35 cents a pound or beef. The laboring man is the great sufferer. We import cattle from. Canada. This is no loss damage, or prejudice to our agriculturists. We are on the borden of the British Provinces, and when we impose. a duty of 10%. in gold on cattle for slaughter I think we are doing very well. I hope the committee will take a liberal view of this matter and reduce the proposed duty from 30 to 10 %., in order that provisions, the necessaries of life for the poor toiling millions, miiy be within their reach.
Mr. WENTWORTH. I am glad that the ntle man who has offered this amendment ives in Pennsylvania.
Mr. WENTWORTH. I would ii is to know what we have not been asked to do for old Pennsylvania. She has asked us to put up everything in the world, because she produces everything. And now the State of ennsyl vaiiia, through her Representatives, asks us to bring her the provisions she wants from Co, ads pork an beef, milk, butter, and honey, I suppose to feed her manufacturing people, while she taxes us for the iron she produces. [Laughten] Mr. Chairman, I would, as a western man, have liked to have had the tariff on live animals 33 and 1/3rd%. That was about my figure, as a revenue tariff man, foal. will now say that I am fora tariff for revenue, but after the amount is fixed for revenue, and we know what we want to raise, then dim willing to discriminate in favor of the protection of domestic industr. My figure was 33 and one3rd %. on live animals from Canada, but I was cut down to 30.
Mr. BINGHAM. You are not cut down very much yet. [Lau hter.]
Mr. WENTWORT. I am talking about the committee, and I object to the gentleman making fun of me. [Laughter] I hope, in deed I know, that the good sense of the committee will let this duty remain as it is.
Mr. ROSS. I move to amend the amendment b making it 50%. That is still below the protection which NewEngland asks for her manufactures. If it is the policy of Congress to build around this country a Chinese wall so as to prohibit the introduction of articles from other countries, the rule should apply as well to agricultural products as to the manufactures of NewEng and I see no reason why there should not be at least as much duty placed upon the importation of stock into this country as upon manufactures. If the people of NewEngland want to compel us to purchase the products of their looms and factories at exorbitant prices. by putting on them a tariff of from 50 to 80%., I see no reason why they should not be compelled to buy their beef from those who raise. them in this country. I am therefore in favor of raising the price upon those articles, and if my amendment is adopted I propose, when we get to the next article, vegetables, to move to strike out 10% and make it at least 50 or cent. V 1y, sir, we lI'e been told repeatedly during the discussion that an increase of the tariff decreases the price of the article to the consumer. Now, I want to carr out the principle in regard to vegetables, an see if by put ting on 50%. tariff we cannot reduce the price. I by putting on a tariff of 60 wr cent. on manufactures the people of the est get them from NewEngland a great deal cheaper, why not try it in regard to provisions? Here the hammer fell.]
Mr. MOORHEAD. I would like to ask the gentleman, if he can get this duty on animals xed at 50%., will the bill suit him, then)
Mr. ROSS. No, sir; I am opposed to the whole system entirely. I believe in “free trade and sailors’ rights.” [Laughter] I would prefer that we should have as near free trade as possible. If we have an tariff it should be merely a revenue tariff. lInt as one of the representatives of the agricultural interest of the country, I will not stand here and see combinations made by manufacturers for the purpose of fleecing my constituency without raising my voice in behalf of protecting their rights here. If gentlemen from the eastern and middle States insist that we shall buy our manufactures exclusively from them, let them buy their beef and vegetables from us, and let us close our doors against their bringing in beef and vegetables from Canada. Here the hammer fell.]
Mr. PIKE. The Gentfrom Illinois [Mr. Ross has repeated in 5 minute talks some half ozentimes that this is a NewEng land tariff and that NewEngland wants protection for her manufactures. Now, that simply shows the inattention of the gentleman to the business of the House. If he ‘had been here and had attended to the business of the House for the last week or ten days he would have known this fact.
Mr. ROSS. Does the gentleman mean to insinuate that I have not been here?
Mr. PIKE. I cannot yield to the gentlemani he will have his turn.
Mr. ROSS. I have been here all the time.
The CHAIRMAN. The Gentfrom Illinois is out of order and Will takehis seat.
Mr. PIKE. I say that if the gentleman had been here attending to the business of the House and whether he has been here or not I cannot say Mr. ROSS. I have been here.
The CHAIRMAN. The gentleman is out of order. 7
Mr. PIKE. I say he would have seen that, although many gentlemen on the floor have' been constantly proposin amendments to increase the duties provide for in the report of the Committee of p Ways&Means, but one NewEngland gentleman has risen hereto propose an increase, and that was my friendfrom assachusetts, [Mr. Dawss] whose proposition was to increase the duty on glassware a quarter of a cent.
Mr. ROSS. Will the gentleman permit me to ask him a question?
Mr. PIKE. That is the sum total of the demands of NewEngland.
Mr. ROSS. I want to ask the gentleman iflie does not know that NewEngland has the chairmen of 12 of the committees of this House?
Mr. PI (LEa.ugWhtheart] of that? Very worthy chairmen they are, and very properly bestowed I suppose. am sure I do not brag of my position on the committees of this House. Now, I have to say this, that while NewEng land has not asked any increase, she has constantly asked a decrease ceiistantly. I myself have several times asked a decrease of these duties. Other NewEngland gentlemen around me have asked for a decrease of duties. In no instance, except the one I have spoken of, has any NewEngland man asked for an increase. The Gentfrom Illinois knows so little about this tariff bill as not to know that this is a western tariff hill, got up for the benefit of the West, originatinglin a desire there to protect wool, starting there and sweepin mm the West over into Pennsylvania, an going backward and forward between the West on the one side and Pennsylvania on the other. NewEngland is out in the cold. She does not care today “one red” whether this tariff bill goes over until December or until March next, or into a distant future. 'iHere the hammer fell.] the question was taken on Mr. Boss’s amendment; and there wore ayes 20, noes 46; no quorum voting.
Mr. ROSS. What is the trouble on the other side of the House? I understood they were willing to give us protection.
Mr. HA DIN, of Illinois. I have every reason to believe that the House misunder stood the question. I noticed that the protective gentleman voted against the proposition of my colleague. [Laughter.]
The CHAI MA. ebate is not in order. The Chair will order tellers. Messrs. Ross and Dawns were appointed tellers. The committee divided; and the tellers reported ayes 27 noes 44; no quorum voting.
Mr. ROSS. I withdraw my amendment. the question recurred upon the amendment of Mr. STROIYSE.
Mr. MORRI LL. now rise. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELI) reporte that the ComWhole on the state of the Union had, according to order, had under consideration the bill of the House (No. 718)to provide increased revenue from imports, and for other purposes, and had come to no res olution thereon. And then, on motion of Mr. ROSS, (at ten o’clock p. m.,) the House adjourned. I mom that the committee
Skip Skip PETITIONS, are. The following petitions, &c., wereprosentedpnder thBeyrule and referredto the appropriatecommittees: Mr. FARNSWQRTH: he petition of E. B. Gilbert, and others. of Do Kalb. Illine n i. in favor of a uniform sli'stein ofinsurance. B 'Mr.T AYER: Severalpetitionsfor anincrease oft e tarilf.
@@@IN SENATE SENATE. SATURDAY, July 7, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. WILSON presented the petition of J. R. Williams, and others, citizens of NewJer sey, irayin for an equalization of the bounties to soldiers in the late war'; which was ordered to lie on the table. Mr. SUMNER. I offer a petition from the presidents of the fire insurance companies of the city of Boston, and as it is very brief, I will read it. They say, “In view of the great destruction of property so frequently occasioned by the improper use of India crackers, andother imported lire works, we respectfully etition your honorable body that a law may lie enacted prohibiting the importation of the same into any port or place in the U.S.” I move the reference of this petition to the ComFinance. The motion was agreed to. THE TARIFF BILL.
Mr. TRUMBULL. It places me in a.very unpleasant situation to object to the reception of the report presented by the Senfrom arylan, an I certainly should not think of doing so if I did not fear that its reception, under the circumstances, would be leading to a very bad practice and establishing a new precedent in the Senate. The Senator has referred to the practice of the Senate on this subject, and I presume has stated it correctly, which has been not to receive minority reports as reports at all, it being understood that by parliamentary law a committee can make but one report, and whenever a.minority of a committee or some of its members have desired to place their views before the Senate it has been done in that form, as “the views of the minority, " as the Senator has correctly stated. I think he did not refer to any case where a minority report, technic ally socalled, had ever been presented to the Senate. I
Mr. JOHNson. In all the instances of it by the memorandum they are said to be “ the views of the minority.” If that is the objection to the form in which this report is presented, I can alter it in that respect and simply beg leave to present “the views of the mi norit.”
Mr. JOHNson. I do not know what the time was. I left here, I think, on the 16th of June, and the majority report was presented on the 8th. Iwrote the minority report in 3 or 4 days.
Mr. TRUMBULL. The Senfrom Indiana probably recollects when he called attention to this; it was some days ago; I do not recollect the precise day.
Mr. HENDRICKS. I think it was yesterday week or yesterday 2 weeks; it was while the Senfrom Maryland was in Pennsyl vania.
Mr. TRUMBULL. It was some weeks at any rate; it is not material as to the precise number of days.
Mr. HENDRICKS. My impression is that it was abouta week after the Senfrom Maine had made his report, but I will not undertake to say within several days of the exact time.
Mr. TRUMBULL. The Globe will show. It must have been more than a week, because the Senfrom Maryland did not leave till the 16th and the majority report was presented a week before that. This was sometime afterward; it was weeks after the majority report had been presented and after the subject mat the chad passed entirely from the consideration of the Senate. Now, for what purpose is this? What is the object of presenting a report of a committee? What is the object of presenting the views of the minority of this committee? office of a report, is to bring to the consideration of the body the reasons which have actu ated the committee in the action which they have taken. Surely the Senfrom Maryland does not expect to produce any effect upon this body by presenting his view after the measure had passed entirely away and gone for; weeks.
Mr. HENDRICKS. If the Senator will allow me, I will state that I find on examination that I submitted that document on the 22d day of June, yesterday 2 weeks.
Mr. JOHNson. The honorable member does not suppose that was done in this in stance?.
Mr. SUMNER. I make no such suggestion as that at all. I am merely trying to present the'danger which I think no one would see easier than the Senfrom Maryland. Now, the question is whether at this moment we are 1sposed, in the 1st place, to discard the usages of the Senate, and, in the 2nd piece, to establish a precedent which, if followed hereafter, may be productive of so much mischief. I think, therefore, whatever may be its bearings on the present case, that the senate ought to be sure and fix a proper prece dent. It ought to bear in mind) that what it the majority on tequestion. Our document does in this very important case will be arule of conduct hereafter, and establishing a rule of conduct is nothing more" nor less than establilshing something kindred to legislation itself.
Mr. JOHNson. The honorable member from Illinois and the same objection has been made by my friendfrom Massachusetts objects to the receipt'of the paper which Iask leave to present because it professes to be a report. I had supposed that when the views of a minority are presented, it is done virtu ally as a report, although it may not be called a report in words. I propose, therefore, to present it in this way: “I beg leave to present the views of the minority, ” striking out the "Word “report.”
Mr. FESSENDEN. At a future day, but directed to make the report, so far as the resolution was concerned, immediately. I stated that fact when I presented the resolution to the Senate from the committee. I remember well that at that time a member of the committee requested leave also, in the committee, to present the views of the minority, and, the committee made no objection, but acceded to it as usual. Owing to the feeble state of my health and the great quantit of business that was accumulated upon me, found it very difficult indeed to prepare the report; and such as it was, it was written in my room at odd hours, after the adjournment of the Senate in the evening, or before its meeting in the morning, on such occasions as I could get, an hour at a time, when I could look into the subject, so that I was unable to get it finished until some 3 or 4 days before the 8th of June, when it was presented. I then called a meeting of the committee. The committee came together. I read the report, and it was approved, with one or 2 suggestions for the alteration of phraseology. Within 3 or 4 days afterward I made the report. These were the circumstances. There was no concealment from anybody. Had the senator or anyone of the minority been present at the meeting he would have heard the report. read.
Mr. JOHNson. The Senator does not sup. pose that I thou lit for a moment there was any concealment. ‘hat was the last thing in the world that I dreamed of. I did not happen to be present at the meeting now referred to; I was out of town at the time.
Mr. FESSENDEN. Ample notice was given to everybody connected with the committee that the report would be made as soon as it could be put in shape. I was obliged to read the rough manuscript to the committee to let them see how it would read. These are the facts. Now, with regard to the question before the Senate, I have no personal objection to granting the request of the Senfrom Maryland, but, situated as I am, I shall not vote on the question. The Senator has alluded to a conversation which passed between' him and myself which he supposed was sportive, and to a certain extent it was; but I expressed to him very clearly my objection to this course of proceeding. Isaid that Idid not think it was par liamentary, that there was no precedent for it, and that such a practice afforded to the minority an opportunity to wait until they saw the views of the majorit, and then to sit down and review them an make up their report or views in that way. The Senator remarked to mehe will excuse me for repeating it, although I supposed at the time it was sportive “ That is precisely what I intend to do.”
Mr. FESSENDEN. I told him thatI should never agree to his doing any such thing, and that I should object to the reception of his views under those circumstances, because I did not deem it a proper or parliamentary course of proceeding.
Mr. FESSENDEN. Igave no further attention to the matter. I saw afterward that the views of the minority were presented in the HoRep, I think very erro neously according to all arliamentary practice; and I think this won (I be contrary to all parliamentary practice that I ever knew anything about if it was acceded to. I simply repeat the suggestion that so far as I am individually concerned, and so far as the committee are concerned, having made the majority report, I have no personal objection, and they have no personal objection, to this proceeding. I stand just as others do merely on the arliamentary propriety of the thing, of which the Senate Will judge.
Mr. TRUMBULL. I am so desirous not to seem to object to this report in any way, as my only object is not to adopt a bad precedent, that I will, if it meets the views of the Senfrom Maryland, offer the following resolution in connection with the report: Resolved, That the paperpresentedby the Senfrom Maryland bereceived15the views of the meni bers of the 'ointeommittee offiftecn who havesigned the same . but in receiving said papersubsequentto the time when the majority report was received the Senate does not mean to sanction the right to present said paper at this time, nor to establish a precedent for its future action. That would relieve us of anyembarrassment hereafter, and would at the same time allow the paper to be now received under the circumstances of the case.
Mr. JOHNSON. I have not the slightest 1 all right. I recognize at once the force of the suggestion made to me.
Mr. TRUMBULL. I suggest this as relieving the Senate of any embarrassment about it, if it meets the views of other Senators. I have no desire to suppress the minority report.
The PRESIDENT protempore. The resolution offered by the Senfrom Illinois will be read.
The Secretary read the resolution. The resolution was agreed to.
Mr. JOHNson. Do I understand the paper now as ordered to be printed as wellas received?
The President protempore. There has been no order on that subject.
Mr. JOHNson. I move that it be printed. The motion was agreed to.
Mr. HENDRICKS. Now I offer the motion which I submitted before, that the same number of copies of that document be printed as of the majority report.
The PRESIDENT ro tempers. That motion under the rules wrll go to the ComPrintg.
Mr. HENDRICKS. So I understand. nnron rs or coniirr'rnss.
Mr. TRUMBULL. The ComJudiciary, to whom was referred a resolution instructing the committee to inquire into the expediency of providing by law for the reorganization of the civil service, and also a bill (S.No.315) to relate appointments to and removals from o co, have instructed me to report back the bill with an amendment by way of substitute.
Mr. TRUMBULL, from the same commit tee, to whom were referred various petitions from citizens of WestVirginia, praying for the establishment of a court at Parkersburg in that State, asked to be discharged from their further consideration; which was agreed to. He also, from the same committee, to whom was referred a memorial of the Legislature of Wisconsin, in favor of dividin that Stateinto judicial districts and creating the western district of Wisconsin, asked to be discharged from its further consideration; which was agreed to.
Mr. TRUMBULL. The same committee, to whom were referred sundr etitions of citizens of Alexandria county, 'irginia, praying for the annexation of that county to the DistCol, have instructed me to report them back and to ask that they lie on the taihle, that subject being under consideration in the Senate at this time. The report was agreed to.
Mr. TRUMBULL. The same committee, to whom were referred various petitions praying that means be devised which shall secure to every child born in the U.S. acompetent education without regard to locality, color, sex, or condition, have instructed me to report them back with a statement that while the committee would be very desirous to pass a law that would accomplish that object, we see no practical means 0 doing more at this time than is already being done by the government. The committee ask to be discharged from the further consideration of the petitions. The committee was discharged.
Mr. TRUMBULL. The same committee, to whom were referrred resolutions of the legislatures of Nevada and Iowa, asking for the s eedy trial of JeffersonDavis, petitions for teexpulsion of GARRET Dims from the senate, memorials from Sons of Temperance and a law dismissing from the public service officers who become intoxicated, a petition from citizens of Florida asking to be relieved from the payment of certain notes, and petitions of sun ry citizens praying for an amendment to the Constitution of the U.S., have instructed me to report them back and to ask to be discharged from their further consideration. Good Templars, praying for the enactment of The report was agreed to. objection to that, and I think the principle is
Mr. TRUMBULL, from the same commit tee, to whom was referred a bill H.R.No. 62) directing a district court to be eld at the city of Erie, in the State of Pennsylvania, reported it with an amendment.
Mr. TRUMBULL. The same committee, to whom was referred a bill (S.No.2) to preserve the right of trial by jur by securing im artial jurors in the'courts of the U.S., have instructed me to report it back with a recondimeudation that it be indefinitely post pone. The report was agreed to, and the bill was indefinitely postponed.
Mr. TRUMBULL. The same committee, to whom was referred a bill (S.No.362) to change the times for holding the courts of the U.S. for the eastern district of Texas, have instructed me to report it back witha recorsmendation that it be indefinitely post pone. The report was agreed to, and the bill was postpone indefinite y.
Mr. TRUMBULL, from the same commit tee, to whom was referred a bill H.R.No. 438) in relation to the courts of Washington Territor, reported adversely thereon.
Mr. H'OM 'ROY, from the ComPubLands, to whom was referred a bill (H.R.No. 50) to amend the 5th section of an act entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved uly 2, 1862, so as to extend the time Within which the provisions of said act shall be accepted and such colleges established, reported it with an amendment.
Mr. POLAND, from the ComJudiciaryar, to whom was referred a bill (S.No.363) dec aratory of the act approved March 3, 1863, being “An act to amend an act to establish a court for the investigation'of claims against the U.S., approved February 24, 1865, ” reported it with an amendment.
Mr. GUTI RIE, from the ComFinance, to whom was referred the memorial of Fisket'h Dale, Josiah Towle, and Morse & Co., praying to be relieved from the payment of the additional duty of 50%. imposed by JtResolution of April 29, 1864, on goods in bonded warehouses, reported a JtResolution (S.R.No. 123) in relation the settlement of the accounts of William P. Wingate, collector at the port of Bangor, Maine; whkh was read and passed to a 2nd reading. CLMMS AGAINST NEVADA.
Mr. SHERMAN. I am directed by the ComFinance to report back a JtResolution (S.R.No. 84) authorizing the payment of certain claims against the late Territory of Nevada, with amendments. As this is a matter of not very much moment, and the Senfrom Nevada [Mr. NYE] is very anxious to have the resolution passed, I ask the indul gence of the Senate to have it acted upon now. By unanimous consent, the JtResolution was considered as in ComWhole. To enable the SecyTreasury to settle and pay outstanding claims chargeable to the contingent expenses of the executive dept of.the erritory of Nevada it prooses to transfer so much of the unexpended balance of the appropriation “for compensation and mileage of members of the Legislative Assembl of the Territory of Nevada.” as may be foun necessary for that purpose, to the credit of the fund for paying the contingent expenses of the executive dept of that Territor, and the proor accounting officers of the Treasury, out o the balance so transferred, are to pay “the said claims as adjusted and allowed." The ComFinance proposed to amend the resolution by inscrtin between the words “ claims” and “chargea le, ” in line 4, the words “duly examined and allowed, and properly.”
Skip Skip The amendment was agreed to. The next amendment was before the word “claims, ” in' the last line of the resolution, to strike out the word “said, ” and after the word ““claims” to strike out “as, ” so as to read, pay the claims adjusted and allowed.”
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendments were concurred in. The resolution was orderengross for a 3rd reading, and was read the 3rd time and passed. BILLs INTRODUCED.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.412) authorizing and directing the sale of the property of the U.S. at Harper’s Ferry, WestVirginia; which was read twice by its title.
Mr. WILLEY. Some days since the SecyWar sent in a report, in compliance with a previous resolution of the Senate, in relation to the condition of the public works at Harper’s Ferry. I move that that report, with the bill, be referred to the ComMilAffrs . The motion was agreed to.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a JtResolution (8. R. No. 124) for the protection of citizens of the U.S. in the matter of public loans of the republic of Mexico which was read twice by its title, and referred to the ComForRel.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPusason, its Clerk, announced that the HoRep had concurred in the report of the committee of conference on the disa reeing votes of the 2 Houses on the amendments to the bill (H. It. No. 518) to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof. The message also announced that the HoRep had concurred in the report of the committee of conference on the im greeing votes of the 2 Houses on the amendments to the bill (S.No.222) further to prevent smuggling, and for other purposes. MILITARY PEACE ESTABLISHMENT.
Mr. WILSON. I move to postpone all prior orders and take up for consideration Senate bill NO. 401. The motion was agreed to; and the bill (S.No.401) to increase and fix the military peace establishment of the U.S. was taken a for consideration as in ComWhole.
Mr. GRIMES. I understand that the Senfrom Massachusetts is not anxious to proceed with the further consideration of that bill today, and I move, therefore, that the Senate do now adjourn. Several SENATORS. Oh, no.
Mr. TRUMBULL. Let us go on with the bill we had 11 yesterday and finish that.
Mr. GRIMES. There is hardl a quorum of the Senate here. I do not thin there is a quorum in the building. It is Saturday after noon and the weather is intensely hot.
Mr. TRUMBULL. I know it is; but we might as well go on with the bill we had up yesterda and finish it.
Mr. GRIMES. Several Senators are already sick, and there are several more hardly able to sit here myself among the number.
Mr. TRUMBULL. We had commenced voting on that bill yesterday, and I think we can soon finish it.
The PRESIDING OFFICER, (Mr. HARRIS in the chair.) The question is not debatable; the motion is to adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, July 7, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. REORGANIZATION OF THE ARMY.
The Speaker. Itrequiresunanimouscon sent for such a purpose.
Mr. SPALDI G. I object. REIMBURSEMENT to NEBRASKA TERRITORY.
Mr. KASSON reported from the ComAppropriat a bilfauthorizing the reim bursement to the Territory of Nebraska of certain expenses incurred in repelling Indian hostilities; which was read a 1st and 2nd time, referred to the ComWhole on the state of the Union, and ordered to be printed.
Mr. KASSON moved that the bill be made a special order for Wednesday of next week after the morning hour. The motion was agreed to. Bust 02 PULAsKI.
Mr. KASSON. I am directed by the ComAppropriat to move that the committee be discharged from the further consideration of the memorial of Henry K. Kalusowski, asking that an approriation be made for the purchase of a bust of ulaski, executed by the late Henry D. Saunders, of Philadelphia, and that the same be laid on the table. The motion was agreed to. DISCOVERY OF PETROLEUM.
Mr. NIBLACK. I am directed to move that the ComAppropriat be discharged from the further consideration of the petition of citizens of Venango county, Pennsylvania asking an appropriation for the discovery of petroleum, 'c., and that the same be referred to the ComPatents. The motion was agreed to. PREVENTION or SMUGGLING.
Mr. ELIOT submitted the following report: The committee of conferenceon the disagreeing votes of theme Houses on the bill of the Senate (N o.2‘22e)ntitled "An notfurther to prevent smug gling and for other purposes, "having met, after full and free conferencehave agreedto recommend and do recommend.to their respectiveHousesas follows: That the Senatemoo to the 1st iimendment of the House ofRopresentatives to the bill; thntit agreeto the 2ndamendmentof the HoRep to the bill: thatit agree to the 3rd amendment of the HoRepto the bill; that it agreeto the4th amendment of the HoRepto the bill; that the Senate agree to the 5th amendmentof the HoRepto the bill, Withan amendmentas follows: " in all caseswhere the possession of such goods shall be shown to be in the defendant, where the defendant shall be shown to have had possessionthereof, such possessionshall be deemedevidencesutIicientto ap thorize conyiction unless the defendantshallexplain the possessronto the satisfaction of the jury." That the enatoagreetothe6th amendmentoftfle HoRep to the bill; and that the Senate to the 7th amendmentof the HoRepto the bill. Z. CHANDLER HampJeOrsHoNnfCilOeNpaNrEtSS. (if theSend “ THOMAS D. ELIOT, JOHN L. THOMAS. Jr., llfananersonthepart of the home. The report of the committee of conference was agreed to.
Mr. McRUER. I call for the regular order. LAND TITLES IN CALIFORNIA.
The Speaker. The regular order is called for, and the House resumes the consideration of the 1st business of the morning hour, the bill (S.No.443) entitled “An act to quiet land titles in California.”
Mr. McRUER. I desire to consume as little time as possible in the discussion of this bill, and I therefore wish to make this proposition. to the chairman of the ComPubLands that on our side of this question not more than 20 minutes shall be occupied, provided the gentleman will consent that the vote shall be taken upon the amendment and the bill before the morning hour expires.
Mr. JULIAN. It is impossible for me to determine what I may deem it necessary to say until I hear the arguments on the other side. I am willingto give the ledge that Iwill make my remarks as brief as Team consistently with what I believe to be my duty. I am not will in g absolutely to say now that I will be restricted to 20 minutes.
Mr. McRUER. We are willing to confine ourselves to 20 minutes and give the gentlemnn the remaining 40 minutes of the morning hour provided he will consent that the question shall be disposed of today.
Mr. JULIAN. 'I think that I can make all the remarksI have to make in less than 40 minutes, so that we may take the vote before the conclusion of the morning hour.
Mr. McltUER. I understand the gentleman, then, to pledge that so for as he is concerned, the vote may be taken today; and although I would like to discuss this question at length, still, in deference to the Wishes of the House, I propose to make my remarks very brief, so that the question may be disposed of this morning. I now yield to my colleague [Mr. BIDWELL] for 5 minutes.
The Speaker. The gentleman’s 5 minutes have exired.
Mr. Mer ER. Mr. Speaker, in the very limited time which I propose to occupy upon this subject it is not possible for me to go into the various questions touching upon this matter. This Vallejo grant was made in 1843. It was occupied and cultivated from that time up to 1862 without the title being questioned and without any tres assers going upon it. It was a title that in Ca ifornia was unquestioned. In 1852 or 1853 that claim was presented to the board of land commissioners and confirmed by them as a good and valid title. An appeal i was taken by the Government to the U.S. district couit, and they confirmed the decision of the commissioners. whei cupon it was bought and sold, mortgaged and be neathed, and no man in California doubted that it was as firm and as valid as any title by Spanish grant. within the limits of the State. About the year 1855 it went outof the hands of the original grantees. lt was purchased by an innumerable number of peop e. Most of the city of Benicia was built upon the grant. The U.S. purchased h are Island of this Vallejo grant.
Mr. McRUER. My colleague says I am mistaken.
Mr. HIGBY. The Government purchased from the Vallejo title the part on which the arsenal and armory are situated.
Mr. McRUER. The Government bought a portion of the land from that title. The Pacific Mail Steamship Company, employing the best counsel in the State, purchase a portion of that grant upon which to build their ships. The town of Vallejo was built upon this grant. And but a few weeks since on gress as an act of justice to the city of Benicia gave it the U.S. title to the land upon which that city is founded by virtue of the purchase of the Vallejo title, paying therefor a valuable consideration. The title was considered as valid as the title to any land within the limits of that State. But 9 years after the decision of the district court, under an appeal to the Supreme Court, to the surprise and to the regret of the citizens of California, it was rejected upon what I declare to be technical grounds. It has never been questioned that the Mexican Government would have recognized this title; that they would never have attempted to take possession of this property sold for a valuable consideration. Immediately on the rejection of the title by the Supreme Court, when this land was all cultivate, inelosed, upon which were towns, orchards planted; immediately on the receipt of that news a class of men, not legitimately a'griculturists, not preemptors, thinking this would bea favorable opportunity to filch from their neighbors the fruits of their labor and the rewards of their toil, Went on the land and located claims for 160 acres. I wish to call the attention of the House to ashort report made by the register and receiver of public lands. I ask the Clerk to read extracts from it.
Mr. McRUER. I will consume but a very few moments further. I want to say to this House that it is impossible each individual member will acquaint himselfwith all the circumstances of this case so as to form a solemn and just opinion. I say it is inevitable that such ull intormation should be confined to the California delegation. Now, this class of vandals, who call themselves settlers, can find no friendly voice to speak in their behalf in the California delegation; and not only this delegation, but the same was the case in the last Congress and in the preceding Congress. They could not find a single vorce coming from California representing the people in the various seetionsto s ealr in behalf of this class of men. The unite voice of the whole dele. gation is against these men.
Mr. HA E. Allow me to ask aquestion. As the gentleman has remarked very properly, alarge proportion of the members of this house are unable to examine this matter personally. As he has referred to the position of the California deleation, I ask for my own benefit, as well asfor that of other members of the House, whether this involves any other than a construction of California law and California grants.
Mr. McRUER. It is nothing else. In regard to this case, it is put into this bill which we have prepared to quiet land titles as a rider. It has nothing to do with this matter. I ask the Clerk to read the aper I send up.
The Clerk read as fgllows: The undersignedmf the committee onPublic Lands. begleaveto report that in their opinion the amendment propose touching the question of thb rights of settlersupon the Soseol ranch should not he at tached to this bill to quiet land titles; but, as it in volves questions of a judicial character, should be referred to the ComJudiciary. 1).c. mam 2n. A. J. GLOSSBRENNER, JS.TEPHEN TAB B. F. DRIGGS E. a restart. GEORGE W. ANDERSON.
Mr. McRUER. That is a ma'ority of the committee. The say this should not be at tached to this bi. r‘hough I feel I have presented the case imperfectly I demand the previous question.
The Speaker. The Gentfrom Indiana gMr. JULIAN] having reported the bill, is entitled to one hour to close the debate. Mr. Speaker, I have been, I confess, a little astonished at the closing statements of the Gentfrom California as to what he alleges to have occurred in the ComPubLands of this House. I do not know by what authority he comes here and reveals what occurred in that committee without the license of the committee.
Mr. McltUER. I have not alluded to anything that occurred in the committee.
Mr. JULIAN. The gentleman denies that he has alluded to anything that occurred in the ComPubLands. He knows that the paper he has had read was presented in the cemmittee, and he has therefore made revelations here unwarrantedby arliamentar usage. Now, let me state, since he has broac ed the subject, some further facts. A majority of the committee voted to adopt the amendment which we have reported to this bill. The Gentfrom california [Mr. McRusa] moved afterward to reconsider the vote for the purpose of striking out that amendment. The committee deliberately voted him down. A 2nd time, and at a subsequent meeting of the committee, he renewed his motion to strike out the amendment from the bill, and the committee a 2nd time refused to strike it out; and a private paper which some gentlemen on the committee have signed, under the persistent importunities of the Gentfrom California, ought not to have been introduced here, and does no credit to the gentleman who exposes the facts, and could not have been desired b my colleagues on the committee. But whatI state is, that the committee delib erately adopted this amendment and delib erately refused, on 2 occasions, to strike out the amendment from the bill as reported.
Mr. BIDWELL. I desire to ask the gentleman whether what he calls the committee did not consist of 5 members, 3 voting in the affirmative and 2 in the negative, and whether he did not refuse, at the request of 6 members out of the 9, to entertain a motion to reconsider and omit the amendment.
Mr. JULIAN. I will answer the gentleman. When this amendment was 1st adopted in the ComPubLands I was not present, being necessarily absent on business. How many members were present I do not know. And in answer to the 2nd part of the gentleman’s question I will state that, as chair man of the committee, I never refused to entertain a motion, when made in order by any member, to reconsider the adoption of that amendment, but I put the vote twice and the committee refused to take that action.
Mr. McRUER. I would ask the chairman of the committee if he did not refuse to entertain a motion to reconsider the amendment after I had shown him this paper signed by 6 members of the committee.
Mr. JULIAN. I will answer that nestion. I had entertained a motion to reconsider and strike out this amendment twice, as already stated, and the committee had twice voted down the motion. I refused any longer to put an unparliamentary motion, and the gentleman knows that when he made his motion it was not in order. There must be some' limit to motions to reconsider, or no business can ever be completed. I hope the gentleman is answered.
Mr. HIGBY. Do I understand the gentleman to say that what is stated upon that paper signed by 6 members of the committee did not transpire in the committee?
Mr. JU LIAN. I have said nothing about it further than already stated in rely to the Gentfrom California, [Mr. Me were]
Mr. HIGBY. Well, is it a fact? My colleague
Mr. McRona] asserted that he had sai not in of what was done in the commit tee. The c airman of the committee, in reply, told him that he knew it took place in the committee.
Mr. JULIAN. I reiterate what I have already stated.' He does know that the paper in fiuestion was presented in committee.
Mr. HIGBY. That is what I wanted to know.
Mr. JULIAN. The gentleman’s colleague will not deny it.
Mr. JULIAN. The paper was presented in the committee, and that statement of what occurred there comes here in violation of par liamentar usage through the gentleman’s colleague. I, give the gentleman the benefit of the revelation in connection with what I have said of the refusal of the committee to recon sider its action, as I have properly reported it to this House.
Mr. HIGBY. Will the gentleman allow me to ask him another nestion?
Mr. JULIAN. the gentleman desires a vote on the amendment, but if he consumes all my time by asking questions I shall have to extend in time.
Mr. HIGB. Does the Gentfrom Indiana [Mr. JULIAN] say that what was done in committee cannot be brought before the House?
Mr. JULIAN. The gentleman understands what I say, that the particular facts transpiring in committee are not proper to be stated to the House. But the gentleman is welcome to all the information he has obtained through the methods employed by his colleague. Then that was the action of The Gentfrom California [Mr. hic RUER] says that this matter has been agreed upon by the California deletion. And in answer to the question of my ricnd from NewYork, [Mr. HALE] whether this measure concerned anybody but the California delegation and the people of California, he expressly replied that it did not. Now, I have something to say on that point, and it will be to reiterate some facts which I presented here more at length the other day. In the year 1862, under the decision of the SCOTUS, this Val lejo S anish grant was pronounced void, and from that time this ranch of 90,000 acres became public unappropriated lands of the Government. After that decision scores of preemptors, as they had a right to do, went upon this public land, built their cabins, made their fences, and asserted their rights under the law.
Mr. DAVIS. I want to make an inquiry of the gentleman for my own information.
Mr. DAVIS. I want to inquire whether these persons of whom he now speaks as preemptors were not purchasers under the grantees of teMexican Government.
Mr. JULIAN. I will answenthe gentleman. The persons I speak of were not generally grantees under the Vallejo title. Some of the Vallejo claimants accepted the terms of the Breemption law and acquired rights under it. at the re'em tors generally, of whom I now speak, claime under the preemtion laws of the U.S., irrespective 0 any title under the Vallejo grant. '1 he entered upon these lands as preemptors, an upon the conflict which arose between them and the Vallejo claimants an a peal was made to Congress to pass a law allowing the Vallejo claimants to purchase the land at $1 25 an acre, to the extent to which they had reduced their lands to possession. That law was passed, procured, as I proved the other day, y false and fraudulent representations of the facts; statements from alifornia speculators who came here and represented that these Vallejo claimants were some 3 or 4,000 small land holders who had built their fences, erected their houses, and planted their or chards, and desired only to purchase their little possessions at the rate of $1 25 an acre. I proved here the other day that so far from that being true, one of these “small land hold ers” owned 2700 acres and resided in South America, never having lived upon the land. Iproved here from the records of the Land Ofice that another of these “small” claimants owned 5,000 acres. I showed from the records of the dept that 7 only of the claimants under the Vallejo title, who were also non-residents of the soil, claimed about 15,000 acres of land. Certainly these men, who never resided upon the land, and instead of bein “small holders” were lar cland owners, ha no rights as “ settlers " an preempltors under the law of 1863. DA IS. I would ask the gentleman whether the persons who did not reside on this land were not the grantees under the Vallejo title.
Mr. JULIAN. I have alread stated that they were all grantees under the allejo title. And I also stated that the law of Congress which they procured to be passed here was passed upon the false and raudulent representation that they were all small holders and occupants of the soil, claiming simply the right to preempt and purchase their small possessions to the extent to which they had reduced them to actual possession.
Mr. BID WELL. I would ask the gentleman, who made the representation that there were 3 or 4,000 small land holders.
Mr. JULIAN. That statement was made to the Senate and House ComPubLands. I believe the friend of the gentleman, General Frisbie was one of those who made it.
Mr. BIDWELL. There is no such thing in the report.
Mr. JULIAN. Well, I will read from the report: “The Soscol ranch is settled upon and occupied by an enterprising bodyOf‘flkflcllllflflfltfl, menwho have spenttheir meansliberally in makingimprove merits.claiming their lands under the 805001grant of M. G. Vallejo. In 1847the town of Benicia was. lVaaidlleojout. its projectorsand settlers relyin on the title. It has grown to be a town of several 1,000 inhabitants, and is among the more important of the interior villages of California. The town of Vallejo is upon thesameranch. Wimlaid out in 1860a.nd is alsoof considerableimportance.the lands therein beingheld under the same title. The entire ranch haspassedout of the hands of the origi nal grantee into the possession of a multitude of small holders and is covered by numerous small farms and orchards. ouch inclosed by substantial fences, high! cultivated and dotted all over with comfortable arm housesand other buildings." In the latter part of the report, as the gentleman will see, it is stated that there are 3,000 of these “settlers, ” besides several 1,000 more. Yet the evidence was produced here by me the other day showing that 157 persons, all told, proved up their claims under the act of 1863, 7 of them owning 15,000 acres and being nonresidents of the soil, and ten others owning some 13,000 and some 100 acres in large tracts, and which they never reduced to possession as settlers. Mr. Speaker, I submit to the gentleman that if he had read the report, he would not have questioned the statement which I made.
Mr. BIDWELL. Will the gentleman yield to me a moment?
Mr. BIDWELL. I desire to say that on this grant there were 2 cities, the corporate limits of one of them embracing 3500 acres. Within those limits were small land holders owning from 5 to 20 and some 50 acres. But the city limits were entirely excluded from the act of 1863; so that the settlers, the cultivators of the soilmentioned as numbering 157, were entirely outside of the city limits. When the report was made, it embraced all the population, amounting to perhaps 6 or 7,000 persons, the families and employees of the land holders swelling the number very considerably. There was a numerous body engaged in the cultivation of the soil under those who held under the Vallejo title.
Mr. JULIAN. I can only say that the gentleman is again mistaken. The report shows that the committee makingit believed the story told them that there were 3,000 settlers, beside several 1,000 more outside of any town and on the ranch proper. They refer to these small holders as the reason for assing the act, which excludes the towns. He Knows, and I need nottell him and this House again, that that law was procured by false representations, well celcu ated to mislead the committee and Congress, as it did, into its enactment, which Congress would not for a moment have thought of doing if it had been known that so large a portion of the tract was claimed by 15 or 20 speculators, a considerable portion of whom did not reside upon the soil, and some of them residents of a foreign country., Mr. BIDWELL. How can the gentleman reduce ‘157 land holders to 15 or 20?
Mr. JULIAN. I s oke of the fact that a large portion of this and was held by some 17 land holders; and instead of 3 or 4,000 persons proving up under the act of 1863, there were only 157.
Mr. BIDWELL. The records show that 20 of the largest land holders owned some 27,000 acres.
Mr. JULIAN. Does the gentleman argue that, those 27,000 acres, more than hnlfof it belonging to non-residents
Mr. JULIAN. Does the gentlemen argue that that was the land proper y understood by the committee as occu ied by “ a multitude of small holders, ” who had built their houses, planted theirorchards, and reduced their claims to possession?
Mr. BIDW ELL. I cannot see how the committee so understood it if it read the memorial and papers. Here is the aper presented to that committee; and from that they could have come to no such conclusion. In justice they could not have passed any law different from what they did.
Mr. JULIAN. That is the opinion of the Gentfrom California.
Mr. BIDWELL. I have known this land intimatel for 24 years.
Mr. JU LIAN. He says he has known this landintimately and well. The Land Office having heard the testimony, filling some 17 large volumes, and decided this case, decided that these Vallejo claimants had no such rights as they set up, and affirmed the rights of the preemptors which are now sought to be over turned here.
Mr. BIDWELL. The Secretary has over ruled that decision.
Mr. JULIAN. I beg the gentleman’s par don. The SecyInterior has never overruled that decision. I know to the contrary. He did, however, grant an appeal to the AttyGen, and the AttyGen, in his argument, confesses, as I have shown, what the gentleman denies. He admits by his opinion, which is a sort of plea in confession and avoidance, that these men were bonafide preemptors. But he allirms as law that preemptors have no rights under the preemption laws until the comletion of their payments.
Mr. UPSON. as not the opinion of the AttyGen drawn out by refereuce of the legal questions to him by the SecyInterior?
Mr. JULIAN. I have said the SecyInterior granted an appeal, giving no opinion of his mm. The opinion of the AttyGen, no lawyer on this floor or elsewhere who is not the stipendiary of speculators will say is the law. It is a burlesque upon the legal profession and I say this without the fear of contradiction.
Mr. HIGBY. The gentleman will allow me to ask him a question.
Mr. HIGBY. If that be a mere burlesque of the law, does the gentleman think the courts would pay any attention to it at all in the decision of these cases?
Mr. JULIAN. I will answer the gentlemen with great pleasure, and am glad he as called my attention to that point. 1think no respect able court would decide as the Attorney ‘eneral has decided; but the SecyInterior, as head of the land dept of the Government, has declared that he will accept the decisiqn of the AttyGen as the rule of his action in regard to the public lands of the country, thus reversing the cases already decided in the Land Office in favor of the re'em tors and virtually ousting the remain er. lgence it is that we have reported this amendment to this bill, quietin titles in California, declaring in effect that the act of 1863 shall not be construed in consonance with the opinion of the AttyGen, and thus saving these people from litigation and strife by leaving them peaceably in their possessions.
Mr. HIGBY. If the SecyIn terior says he is to be controlled by the opinion, of the AttyGen, are the parties interested bound by it? Is it conclusive on them one way or the other? Cannot these parties 0 into the courts just as well ‘I
Mr. JULIAN. Undoubtedly these poor preemptors, who have no money to spend in tedious litigation, can litigate the question in the courts of California, which have decided against the laws of the U.S. in more cases than one, as the gentleman knows. It is to save the preemptors this litigation and hazard that the proposed amendment to the bill has been reported and is now so earn estly urged. We desire to guard their rights by resisting this attempt to unsettle them through a policy which would assail the rights of preem tors everywhere.
Mr. H GBY. The gentleman alludes to the report of the committee of 1863. I ask what part he alludes to.
Mr. JULIAN. I allude to what has been read here today from the ComPubLands. The AttyGen admits, I repeat, that these were prelim tors under the laws of the U.S. he question of fact is no longer in dispute; the question is solely one of law, and the Attorney encrsl having decided against the re‘emptorsand against the uniform decisions otPthe courts, I so mit that in a bill quieting land titles we should not re‘ect an amendment that shall reassert the settled pol icy of the country against this revolutittnary interference with vested rights now peaceably enjoyed.
Mr. RICE, of Maine. I ask the Gentfrom Indiana whether the ComrGLO, in whom I have us much confidence as in the AttyGen, has sent to the committee any communication touching this matter.
Mr. JULIAN. We have the rules under which he decided the case of these preemptors, which I had read the other day. I have also in my drawer a.legal opinion of his in favor of the rights of preemptors which I would be glad to have read to the House if my time would permit.
Mr. VILSON, of Iowa. Mr. Speaker, I desire to know whether the preemptors who are to be protected by the amendment of the committee still remain on the lands and in the occupation of their pre'cmption claims.
Mr. JULIAN. That is so. A large number at least are in the actual occupancy of this land, claiming it today as preemptors.
Mr. RICE, of Maine. I would inquire whether, if this bill passes without the amendment, under the decision of the AttyGen these men claiming preemption rights will be ousted.
Mr. JULIAN. Undoubtedly; they anticipate being ousted and will be under the ruling of the dept; and it is to guard against that danger that they are so earnestly seeking the adoption of this amendment, which will protect the rights which the land dept ecides belong to them, and in accordance with the uniform ruling of our courts as to the rights of re'emtion claimants.Mr. Bl WELL. The proposed amendment says, “shall not be so construed as to interfere with the claims of bonafide settlers on the said land.” I ask the gentleman if it will not be necessary to institute proceedings in order to determine who are and who are not bona fide settlers, and whether the register and receiver for 8 long months have not been taking testimon, an have not madea report deciding that all these persons are not bonafide settlers within the meaning of the preemption laws of the U.S.
Mr. JULIAN. What register and receiver do you refer to?
Mr. BIDWELL. The present register and receiver of the land office in California.
Mr. JULIAN. Does the gentleman pretend that the decision of the register and receiver of the land office in California is paramount to the ruling of the land dept in Wash iufiorn. BIDWELL. Not paramount; but they have investigated this case fairly for 8 long months, and have made a report that they are not settlers within the meaning of the reemption and homestead laws of the U.S., and in addition that they are a very lawless and bad class of men.
Mr. JULIAN. The gentleman asks me, if this amendment is rejected whether these settlers will not still have the right to
Mr. BIDWELL. I did not ask that. My question was whether it would not be necessary to institute investigations to ascertain who wore bonafide settlers in case this amendment should ass.
Mr. JULIAN. In answer to that I can state that I have no doubt at all about the mode of settling the difficulty if the opinion of the At torney General is accepted as law, and I send to the Clerk’s desk to be read a specimen of the manner in which land specu ators treat reiim tors on the Soscol ranch in California. this taken from the Land Office, and I believe is uncontradicted from any quarter.
Mr. H IGBY. I would like to ask the gentleman a question.
Mr. JULIAN. After this is read I will yield, or now if the gentleman presses it.
Mr. HIGRI. I ask the chairman of the committee if he has not obtained or arte testimony in this case from the Land flies without giving the contestants of this claim any notice whatever of what he was going to produce here.
Mr. JULIAN. I have produced testimony from the records of the Land Office which I understand is uncontradicted by any other testi1 mony, and which the gentlemen have had all the means that they desire to contradict if they had seen fit. I wish to state to the gentleman that we shall not settle this question this morning i I am interrupted further.
Mr. JULIAN. Very well, the n; I will yield to question.
Mr. HIGBY. I ask the gentleman if he did. not on Mondaylast, when t ie bill was to come up on Tuesday, send a letter to the SecyInterior or Commissioner of the Land Office asking answers to some 38 questions which he at; and whether he di not receive a letter rent the Commissioner stating certain things in reference to what he has produced on this subject; and whether he are any notice that he Was going to produce this testimony before the House.
Mr. JULIAN. The gentleman asks his question with a good deal of emphasis and an air of si nificance, as if there wasgoing to be some decided develoment. But after all I fail to see the point. did write a lette? to the Commissioner of the Land Office asking what the records showed as to certain facts, and I got some answer, from which I selected such facts as here upon the controversy. I did not suppose this was a case in which I was bound to serve a notice on the gentleman, or that I was bound to do so, as if this were a suit in court. The records were as open to him as to me, and I have no a ology to make, certainly, for having consulted tIiem and used the facts I obtained.
Mr. JULIAN. I cannot yield. I can never say what I have to say upon this subject under these interruptions. I ask the Clerk to read now what I send up.
The Clerk read as follows: A Statement of Mr. Eamon. 0n the 25thof November, 1862, we wentandsettled on the Soscol ranch; we erected a dwelling house, and lived in it until the 13th day of December; on tmheena, tternoon of that day a large body of armed about 200 in number. surrounded my house.when John M. Neville cameto my door and demanded possession of my promises: I asked him by what authority; he answered me by the authority 0! the land holders; I was then seizedby 3 armed imnetnhaenmdovsiotrleundtelyatnhdroiwndnepent amcahnensetra;nIdwseaasr the end handcuffed and p utout. 2 of my small children, from fright went into spasms;I imploredMr. Frisbie and Mr. ewllo, in thenameof mercy, to remove the handcuffs and let me have my children, when a man told me that ifI did not keep quiet he would gag me; the menwre all mounted and armedwith shot guns and revolvers: my furniture was then destroyed.my housewastorn down and hauled away; I was forci bly removed from the promises and placed with my children on the highway; my clothesweretorn from iinnc; I was compelledto dressmyselfin the openfield, the presenceof the armed men: I haveneverbeen served with any writs and am satisfied that no suit has ever been commenced against us; Captain Frisbio and his brothers werepresentand werecognizantof everythingthat transpired: I am a married woman Hanadnshoanv, e 3 children living; my husband. Peter is at present, and has been for many years, employed in t iqnavy yaril at this place; he wasnot present at the time of this occurrence; I wasso so vercly injured that Iwas confined tomy bedfor more itnhjaunri essixwsuesetkasin, aendd; hIawve as not greatly reacbouvseereddbfryombetihneg kicked. her ANNE HANSON. mark. Sworn and subscribed to beforeme.this 8th day of Julie. A. I). l "3. CHARLES W. RILEY, Justice of the Peace, Vallejo, Solano county.
Mr. JULIAN. That is a specimen of the manner in which California deals with preemptors on the Soscol ranch and with parties whose cases have been solemnly decided by the land dept, and in accordance with the laws of the U.S. giving the right of preemption.
Mr. BIDWELL. This was all done under sheriff’s roeess.
Mr. JHILIAN. The gentleman says it was all done under sheriff’s process. I think he is mistaken.
Mr. JULIAN. No, sir it was done under pretended warrants. Would it justify the out rages recited if there was process?
Mr. HIGBY. It was done by the sheriff of the county.
The Speaker. The Gentfrom california is not in order.
Mr. JULIAN. I he e the Gentfrom California [Mr. HIGBYfWHI keep as cool as possible this hot weather.
The Speaker. The Gentfrom califofliia must preserve order.
Mr. JULIAN. It is to guard against these mobs, this violence and lawlessness, that these poor irecmptors ask the adoption of this amendment, so as to save themselves from the effect of this mischievous ruling of the Attor ney General, which has been accepted by the Interior Dept of the Government. And now, if the House will give me 5 minutes’ extension of my time I will bring this question to a vote to dav.
The Speaker. The gentleman has 3 minutes remaining.
Mr. DRIGGS. I appeal to the gentleman to allow me, before he closes, 3 or 5 minutes, as reference has been made to my signing a
Mr. JUpaIpAeNr. I will do so if it is not to be taken out of in time.
Mr. DRIGGS. I think it due to me, as my motives have beenimpugned with those of 5 other members of the committee.
Mr. HIGBY. I rise to a question of order.
The Speaker. The Gentfrom california [Mr. HIGBY] will state his point of order.
Mr. HIGBY. The chairman of the ComPubLands, [Mr. Jammy] in the course of his remarks, speaks of callin senators from the other end of the Capito to aid in getting this bill through. I believe Senators have a rightto come upon this floor at any time they see t.
The Speaker. Senators have a right to be present in the House at all times; but the Gentfrom Indiana [Mr. ] onus] of course has the right to refer to their presence.
Mr. ] UHAN. I am commenting upon their acts after they come here and not upon their presence. Of course they have a right to come ere, and I claim the right to refer to their business. The gentleman knows that I understand what California Senators have been doing here, and every member upon this floor knows it.
Mr. HALE. I rise to a point of order. The Gentfrom Indiana [Mr. JULIAN] is not in order in referring to the conduct of any member of the other House while upon this floor.
The Speaker. The Chair sustains the point of order.
Mr. JULIAN. The Chair sustains that point of order, and therefore I will refer to some other officials. California surveyors
Mr. HIGBY. I demand that the Gentfrom Indiana [Mr. JULIAN] shall take his seat until allowed to proceed in order.
The Speaker. The Chair does not consider the point of order raised by the Gentfrom NewYork [Mr. HALE] to be a point that requires the member called to order to take his seat. That is only required when a member is called to order for isorderly language.
Mr. JULIAN. I was alluding to California offieials; among them to a California surve or in the pay of the Government today, who has been here besieging our lobbies for weeks past in the interest of California land holders; and another California surveyor has been doin the same thing. I know another fact, that acn eral Frisbie, one of these large land holders, has been upon the floor of the House, exten sively operating with members with uncommon ardor of purpose. I know that the most marvelous assiduity has been employed here in endeavoring to carry through this House this California measure, without the proposed amendment, which can only be done by conniving at the overthrow of the whole laud policy of the Government. Now, I protest against this intolerable lobbying in this House at the great peril of honest legislation, and in tended, at least, to sway the views of members from a decision of public nestious upon their merits. But this House know, is eager for other work, and I new demand a vote upon the amendment. In view of the principles involved, I ask the House to give me the yeas&nays. upon the question.
Mr. DRIGGS. I ask unanimous consent of the House to make a personal explanation. No objection was made.
Mr. JULIAN. I do hot think I made that statement.
Mr. DRIGGS. Iunderstood the gentleman to say that the members of the committee who signed the paper had been coaxed or persuaded into doing so by the importuiiities ot the Gentfrom California.
Mr. JULIAN. I said that the geiflemen had been importuned very persistently, but I did not saythat the importunity had made any impression.
Mr. DRIGGS. One word more, and I shall conclude, for I'do not wish to trespass upon the patience of the House. I will state tiat, after the chairman of the committee had decided that it was unparliamentary to reconsider the vote which had been taken after I had made an unsuccessful effort to procure a recon sideration, which the chairman stated could not be done, I with 5 other members of the committee signed the aper which has been read. When the gentleman says that that paper is not creditable to the members signing it, he is a little like that man on a jury who complained that the other 11 jurors were so stubborn that he could do nothing with them. That is all I desire to say.
The Speaker. Debate is exhausted, as the previous question is now operating. h
Mr. WILSON, of Iowa. I ask unanimous consent of the House to make an inquiry in relation to this bill.
The Speaker. Is there objection? There was no objection.
Mr. WILSON, of Iowa. Mr. Speaker, I desire as far as possible to do what is right in reference to this case, and hence I Wish to understand what are the facts in re rd to several oints on which my vote may epend. In the 1st place, if I correctly understand, this land is new subject to the disosal of the U.S.; that is, the title as not yet been perfected in either of the parties claimin it. I understand further that the opinion of the AttyGen is to the effect that the 're'emptor has no right which the Government is bound to respect, until after he has completed his purchase. I also understand that these other parties need this legislation in order to perfect their title. I desire to know whether the assnge of this bill under this state of facts won d not confirm the title in the 1st claim‘ ants and prevent any legislation hereafter for the benet of the 2nd claimants. I have not heard this question discussed, and I should like to have an answer on the point from some member who has given his attention to the subject.
Mr. JULIAN. I will say in answer to the gentleman’s inquiry that there are 2 classes of settlers in this case the settlers under the void grant and the preiSmptors. The act of 1863 defines and determines all the rights of the Vallejo claimants under the void grant. The preemptors’ claim has reference to land which is not occupied and settled upon at all by the Vallejo claimants. It is their re'emption rights, sought to be overturnedJby the Opinion of the AttyGen, that we desire to save by the amendment of the committee aQreported.
Mr. WILSON, of Iowa. I desire to know what effect the passage of this bill will have upon the rights of parties claiming under the allejo title.
Mr. BIDWELL. Without this amendment the passage of the bill will have no effect upon them whatever.
Mr. JULIAN. Without the amendment it will expose every one of these preemptors to the usurpation and rapacity of the Vallejo claimants.
Mr. WILSON, of Iowa. My object in asking this question is to know whether the passage of this bill will so far dispose of the title to the land embraced in the allejo rant as to prevent any action on the part of congress hereafter for the protection of all persons who are claiming as preemptors. that was my object.
Mr. BIDWELL. It carefully guards the rights of preemptors. he question recurred on the following amendment: Provided, however, That the act of Congress‘entitled "An act to grant the right of preemptionto certain purchaserson the Soscol ranch in California, " approved March 1863, shall not be so construed as to interfere with the claims of bonajide settlers on the said lands. who had settled thereon and wereclaiming preemptionsin, accordancewith the laws of the U.S., prior to the time of the passageo1 the said set.
Mr. BIDWELL demanded the yeas&nays. The was&nays were ordered.
Mr. BINGHAM. I appeal to the chairman to consent to a postponement of this question.
The SPEAK It. That can only be done by reconsidering the vote by which the main question was ordered.
Mr. BIDWELL. We do not object to post poning the amendment.
Skip Skip The question was taken; and it was decided in the negative yeas 30, nays 91, not voting 61;. So the amendment was rejected. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time. Mr. McRUElt demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. llIcItUER mtRtv the bill was passed; on the table. agreed to. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the tariff bill be terminated in one minute after the committee shall resume the consideration of the same. The motion was agreed to. TARIFF BILL.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from im orts and ior other purposes: The HAIRMAN stated the pendin question to be on the amendment offered y Mr. S'rnouss, on age 39, line 9, to strike out.“ 30 ” and insert “ 50, ” so the paragrapth Y will read, “on animals, living, all sorts, ft%. ad oalorem.” The amendment was disagreed to.
The Clerk read as follows: On apples, garden fruit, and vegetables.10%. adva rem.
Mr. ROSS. I move to strike out “ten” and insert “ 50.” I do this for the purpose of furnishing these manufacturers with cheap products. I do not 'want them to be dependent upon GreatBritain for their vegetables, and by givin this encouragement to our nursery men an gardeners for a few years they may be enable to furnish vegetables a great deal cheaper than they have done heretofore.
Mr. THAYER. If the gentleman will add “small potatoes” as apart of his amendment, I will vote for it. [Laughter.]
Mr. ROSS. I omitted to state that this busi uess will have to be stopped in this country unless we give this protection.
Mr. WENTWORTH. If Iremember right, this section is taken from a bill which we ad up here some time ago, which was a quasi reciprocity treaty, and was decidedly beaten. Now, I think the amendment of m colleague should be made to correspond to the duty on animals, which is 30%. There is no reason why we should not have the same protection on fruits that we have on cattle. I ask my colleague to modify his amendment by making it 30%.
Mr. 1058. I suppose my colleague wants to follow the example on the other side, and have an agreement.,
Mr. WENTWORTH. No; there is no agreement about this.
Mr. ROSS. Well, in that case I will accept the suggestion, and make it 30%. th
Mr. wENTWORTH. I am satisfied with at. The amendment of Mr. Ross, as modified, was agreed to.
The Clerk read as follows: On barley. not including pearl or hulled, 15 centsper bushel.
Mr. MORRILL. I move to strike out the previous paragraph in relation to fruits and vegetables, and reinsert a duty of 20%. in lieu of 10%.
Mr. ROSS. I raise a question of order. That paravra h has already been passed.
The CHcA RMAN. The Chair sustains the point of order., Mr. MORRILL. I rose before the Clerk read the last paragraph.
Mr. ROSS. The gentleman will not say he rose before the Clerk commenced the reading of the paragraph.
Mr. MORRILL. I rose as soon as the Chair man announced the decision; but I do not care anything about it. It seems to be a tariff that is to be made by the Gentfrom Illinois, [Mr. Ross]
Mr. ROSS. I now move to amend by adding after the words “ 15 cents perbushel” the words “and, in addition thereto, 20 ‘5%. advalorem.” This is following the example in relation to manufactures. Barley is largely used in this country for the purpose of makin'r lager beer, and we could furnish it all from 1le valley of the Mississippi. There is no necessity for importing it from Canada or any other country; and if we are required to purchase our manufactured articles from our ome manufacturers, they certainly ought to buy their barley from us. This is a very small addition in comparison with what the gentlemen on the other side have been puttin on other articles; and I hope the House wilI by common consent give us 25%. awvalo'rem. I appeal to the chairman of the committee to know whether it does not meet his approbation;
Mr. MORRILL. I trust the committee will pay some attention to this bill and try to keep it within moderate bounds. These propositions that come from gentlemen who propose to vote down the bill in any and every shape deserve the careful scrutiny of the committee. Now, by increasing the duty on apples and garden fruits we prove e retaliatory legislation. We, living further south, of course, have earlier vegetables than they have in Canada, which naturally seek their markets, and whatever rate we proposewill be enacted in Canada as against us. this of verylittle consequence, so far as we are concerne, what the uties are on these vegeta bles, but it is important that no bad example should be set. hatever may be adopted by us will be likely to be adopted by the Canadians. I hope the amendment will not be adopted.
The Clerk read as follows: On barley. pearl or hulled, one cent perpound.
Mr. DODGE. I rose to offer an amendment before the preceding clause was read, but the Chairman did not hear me. I propose now to insert after the last paragrap, “on fruits preserved in brandy or whisky, 2 dollars pergallon and 35%. ad calorcm.” The object of this amendment is to prevent fraud being peretrated by the importers of fruits preserve in brandy, intending to import brand rather than fruits. I understand there are arge quantities of fruits thus imported, but a much larger quantity of brandy with them. This amendment is designed to uard the revenue against such frauds by making the duty 2 dollars pergallon and 35%. all valorem. The duty now on bran y is from $3 50 to $4 pergallon.
Skip Skip The amendment was agreed to. “
Mr. WILSON, of Iowa. I move to add on coffee 2 and a half cents perpound.’ The rate established under the existin law is 5 cents or pound. From that am informed we crive a revenue of about 7 million dollars perannum. I think we are in a condition now to reduce the tax on this article, as we shall have at the end of the fiscal year just closed a surplus of over $100,000,000 to apply to the principal of the national debt. I hope, therefore, the reduction will be made on coffee to 2 and a half cents perpound.
Mr. MORRILL. This is rather an important question to be sprung upon the House, and I regret that it has not been considered before in the ComWays&Means. Upon an early occasion the uestioricame up in the committee and we conc uded not to disturb the tariff on tea and coffee. We have already got more in the bill than was at 1st intended. I think, however, the proposition to reduce the dut on coffee to some extent is erha s reasonab e, and that the revenue may e able to bear it, but not so much as the gentleman proposes to do. If the gentleman will say 3 and ahalf cents I shall for one be disposed to acce t it.
Mr. WILS N, of Iowa. Since I have determined to propose this amendment nite a number of gentlemen, members of the house, have spoken to me about putting coffee on the free list. But I think it is a source of revenue that we ought not to dispense with entirely, and the rate which I propose I thin is about right in the present financial conditi n of the countr.
Mr. ORRILL. I am reluctant, before we have succeeded in funding any considerable amount of our large floating debt, to reduce to any extent the revenues of the country. I think the reduction to 2 and 1/2 cents perpound will be too much. I therefore move to amend by making it 3 and a half cents.
Mr. ALLISON. I would like to ask the chairman of the committee what, in his judgment, will be the effect of this bill on our revenue; whether it will increase or decrease the revenue from imports. My vote will be governed somewhat by his estimation on this question.
Mr. MORRILL. It is impossible at the present stage of the bill to form any estimate as to what it will produce. We do not know what changes will be made. There are some rates that have been placed on articles in the bill that will inevitable reduce the amount of revenue. But I expect before the bill becomes a law that these rates will be reduced, if not in the House, in the Senate. I have no doubt, on many articles, the increased rates will increase the revenue, and yet that may be counterbalanced by a diminution in other cases.
The CHAIRMAN. Debate is exhausted on the ending amendment. the question being taken on the amendment of Mrfitionmu. to make the duty 3 and a half cents perpound, there were ayes 42, noes 33; no quorum voting. Tellers were ordered; and the Chairman appointed Messrs. Winsox, of Iowa, and Mou BILL. The committee divided; and the tellers reported ayes 41, noes 53. So the amendment was disagreed to. The question recurred on the original amendmentoMr. Witsox, of Iowa, to make the duty on coffee 2 and a half cents perpound, and it was a reed to ayes 61, noes 35.
Mr. I ILSON, of Iowa. I now move to amend by inserting immediately after the amendment last adopted, “on tea, 12 and a half cents perpound." That is just 1/2 the present rate, and correspon s to the reduction made in the duty upon coffee.
Mr. TROWBRIDGE. I desire to ask the Gentfrom Iowa [Mr. WILSONA a question in reference to a statement he may 0 when he was advocatin his amendment about coffee. I understood him to say that it was estimated that the revenue of the Governmentwould during the current year amount to $100,000,000 more than its expenses. Now, I desire to ask the gentleman his authority for that statement. We have largely reduced the internalrevenue duties by the bill which we have just passed. We do not know to what amount that reduction will be, nor do we know what will be the effect of the bill which we are now consider in. [Ilia WILSON, of Iowa. If the Gentfrom Michigan [Mr. Tuowamnon] understOOd me as he has just stated, or rather if I made the statement which he has just repeated, then I was in error. I meant to refer to the fiscal year closing on the 30th of June last.
Mr. TRO wBRIDGE. I understood the gentleman as I have stated.
Mr. WILSON, of Iowa. I am glad the gentleman has given me an opportunity to make the correction.
Mr. MORRILL. I hope the House will not act in haste upon this amendment. I do not. know of an article that can more properly have a duty levied upon it than the articie of tea, nor do I know an article that can better beara duty upon it. It is possible that by another year we may be able to make coffee, tea, and sugar free; but as we now have some 11 or 1200 millions of debt yet to be funded I think it is rather premature ta reduce the duty now. And if this tariff bill should fail we are not to look for any considerable amount of revenue from our manufaes tarps. If no relief is granted the business of manufacturing must certainly come to a stop, in a great many instances, throughout the country. It must stop at least until the prices of labor shall be rea justed; and Whetherthatean be done at all or not is a matter of doubt. Gentlemen are making motions of amendment to load this bill down, with a certain pros ect of vastly diminishin the revenue, eveni the bill should pass. Hiope the House will hesi State about adepting this amendment, although we have already adopted one in regard to coffee. However, I would not regret that so much if the duty had been placed at 3 and a half cents perpound, as I proposed. I be e the duty on tea will not be cut down at, al certainly not one half, as proposed by the Gentfrom Iowa, [Mr. nson]
Mr. PIKE. I move to amend the amendment by striking out “ 12 and a half” and inserting “ 5. There is a reason for having a duty imposed on coffee which does not pertain to tea with the same force. It is well understood that there are many very worthy manufacturers of coffee in this country; they make it of chiccory, beans, peas, rye, wheat, dandelion root, and many other thin '. So there is a reason for retaining asmall dirty on coffee in order to protect that worthy class of our mgufacturers. But there is no such reateen. eaoan, 3657' D son for retaining a duty on ten. We do not and cannot manufacture tea. I understand there are no tea manufacturers in this country. I believe there have been one or 2 attempts to grow tea in this country, but I understand they have not been very successful. So that it is a mere question of revenue, and the question is whether we shall derive our revenue from articles of necessity, such as tea, or from articles of luxury, and from the wealth of the country. It does seem to me very proper, at the earliest possible moment, to relieve the masses of the country from taxation. And it is in pursuance of that idea that the Gentfrom Iowa. [Mr. WILSON] has taken this opportune moment, when our recei its from reve nue are very largely in excess 0 our expend' itures, to remove or to decrease the duty on this favorite beverage. And I hope that, pursuant to the same line of policy, my motion will prevail to put upon tea. the merely nominal duty of 5 cents perpound.
Mr. SPALDIh G. I rise to oppose the amendment. As I understand these propositions to cut down the duty on coffee and tea, the one from 5 cents perpound, the other from 25 cents perpound, they are mere] attempts to render this bill so obnox ious that it will be defeated. The object is to obstruct the ordinary channels for obtaining 0Q revenue, and to throw the whole burden upon particular quarters where it is known it will be obnoxious. The design, it seems to me, is to vote down this tariff in iota. If that be the objectiutended, let us meet the question at once and save the time of the House. If we are to have a.tariff bill, I prefer that we should retain the duties upon the articles of coffeeand tea, for I believe that the duty on these is paid as easily as any duty levied in our country. I know that the poor as well as the rich partake of tea and codes; but they do not consider this tax onerous. The high prices of coffee and tea do not arise from the duty assessedby our government; they result from the premium on gold. So long as gold ran es at 150 and up ward coffee and tea will be high in our market. The duty, whether 5 cents or 2 and a half cents, makes very little difference in the price of these articles to the consumer. [Here the hammer fell.]
Mr. Pixu’s amendment to the amendment was not agreed to. The question recurred on the amendment of Mr. (it’itsos, of Iowa.
Mr. ALLISON. For the purpose of sayin a word or 2 on this subject, I move to amen the amendment by making the duty ten cents perpound. Sir, I believe that our Government can alford to reduce the duty upon these articles of necessity imported into this country. The total revenue derived from tea dur in the last fiscal year was only about 9 milion dollars. The proposition of my colleague will reduce this amount one half. Now, if the effect of this bill will be to increase the revenue derived from imports, then we can well afford to reduce the duty upon these articles of necessity which enter so largely into the consumption of the poorer classes. I trust, therefore, that the amendment of my colleague will be adopted.
Mr. PRICE. I renew it; and I do it for the purpose of correcting a vital error made by the Gentfrom Pennsylvania [Mr. STEvENS who has just taken his seat. I say a vital error because it goes to the country with the indorsement of the Gentfrom Pennsylvania, and thus having aweight and influence attached to it which but very few declarations made on this floor can have. Hence the necessity of correcting it, and having the subject presented in reper. shape to the country. he Gentfrom Pennsylvania tells the country, for when he says it upon this floor he tells it to the country, that we will be unable at a not distant ear in the future to pay the expenses of the government.Mr. STEVENS. I have not said any such thing. I said I felt no difficulty about paying our public debt in doin as we do now; but did seriously object to t ie reduction of these duties as leading to future embarrassment and difficult.
Mr. PRICE. If the gentleman will not interrupt me I will quote hiin correctly. He said we must expect a reduction of the internalrevenue, and if the receipts of the Government from this source were reduced to 200 millions perannum and to 100 millions on imports, thus making 300 millions of revenue, we would be unable to meet our expenses, or words to that effect. In this calculation the gentleman does not allow anything for increase in the wealth and population of the country. If I had time would like to show that the ratio of increase of wealth and poulation in the U.S. far exceeds that of any other country on the face of the earth. But I have not time and therefore cannot do that now. But, sir, taking the gentleman’s own figures for the standard, and it will be seen that we have revenue sufficient to meet all the excases of the Government and to provide a sining fund of $50,000,000 every year. Any good financier who has the interest of the country at heart will tell you that a sinking fund of 50 millions a year, which we can have with a reduction of taxation, is a very healthy state of affairs, and by no means a discouragin view of our public debt. 1
Mr. STEVENS. Let me interrupt the gent cman.
Mr. PRICE. I would with pleasure if I had the time, but the gentleman very well knows that I have only 5 minutes under the rules, and that is not long enough for we fully to state in own position. This is a matter which oug t to be understood by the country. The gentleman has stated our indebtedness at 4 billions, or more properly speakin, 4,000 millions. I will say, as I ha occasion to say more than a year since on this floor, that it was never that amount. It was never 4,000 millions since the war commenced, as can be proven by a reference to the books of the Treasury of the U.S. It is less today than it was 3 months ago the statement of the SecyTreasury establishes that fact beyond successful contradiction and much less than it was 6 months ago. The power and ability of the nation to discharge its indebtedness have been increasing every day, to the surprise as well as satisfaction of the people. Vith these facts, then, existing, I do not want the statement of the Gentfrom Pennsyl vania to go out to the country uncontradicted. The truth is that we are paying our indebtedness today more rapidly than anyone cal culated we would be able to do; and in place, then, of holding u a dark picture for the people to gaze at, an be thereby discouraged, it is a duty incumbent upon us to make the view as bright and cheering as the facts will justify. The conclusion is irresistible that we can reduce the burden of taxation to some extent and at the same time reduce the national debt in a safe and healthy manner. It is a fact beyond controversy, and one of which every true hearted American is justly roud, that the sun sets every night upon a sma ler amount of national indebtedness than it arose upon the morning before. I Here the hammer fell.]
Skip Skip The question was taken on the amendment to the amendment proposed by Mr. PRICE, and it was disagreed to. The question recurred on the amendment proosed by Mr. WILSON, of Iowa. l
Mr. MORRILL. I move to amend the amendment so as to increase the duty to 30 cents. Mr. Chairman, it does seem to me that it is very premature for us to act upon this question. We have acted on the internalrevenue bill, and yet by the report of the conferces on that bill we find that even there we do not obtain the amount of revenue that was anticipated when the bill left the House. For instance, on the item of cot ton there is a reduction of not less than 18 million dollars. It becomes a question whether the amount of revenue that we propose to strike out from the bill can be spared. I must say that I am somewhat surprised that this subject should be introduced iiere. It is not in the original bill as reported. I hope the committee will not agree to the amendment of the Gentfrom Iowa.
Mr. WILSON, of Iowa. The gentleman has no right to be surprised. The very reason why I oli‘ered this amendment was because these articles were not in the bill as reported. Ifthe committee had reportedit/in this way, there would have been no necessity for this amendment. Now as to the effect on the revenue, the Gentfrom Vermont very well knows that under the provisions of the recent internalrevenue act, $50,000,000 more will be collected on the article of spirits alone than has been collected heretofore. If there be a faithfulenforcement of the law in regard to this article alone we will succeed in increasing the revenue fourfold more than it will be diminished by the amendment I have offered. We are, therefore, run ning no risk as to the diminution of revenue. Now, this is not an article of luxury, as has been said by some, because it has become almost one of the articles of necessity to the people of the country. Gentlemen might as well call pork and beefa luxury as tea or coffee in this country now. But under the present high prices the consumption is not as wide spread as it would be it'priccs were reduced. As tea now.is consumed in this country, vit is to some extent an article of luxury, because the poorer classes are deprived in a great measure of its use. Reduce the price of tea, and you will increaseim ortations, and the increase of importations wi 1keep up the present standard ofrevenue; and that is all there is in the question. I hope, therefore, that the amendment of the Gentfrom Vermont will not prevail, and that the same reduction will be made upon this article that we have already made on the article of coffee.
Mr. DAVIS. I renew the amendment. Mr. Chairman, in the consideration of this subject I think we should look to some facts which we have hitherto ignored. The internalrevenue of this country in the year 1866 was about 211 million dollars and 212 million dollars. Of that internalrevenue, between 49 and 50%. was derived from the taxes upon manufactures. Prices in this country at this time range high in consequence of the condition of our currency. I hope to have a favorable ehan e and to reduce prices to a gold basis. I rope sincerely that that time is not far in the future. But we must remember l from business must be reduced, and therefore we shall materially affect the revenues of this I want it understood that '1country from the internal dept. In this condition of things why should we forego the certain and secure source of revenue in the taxation of these articles which the people will have and the tax upon which is distributed almost universally among the people of this country? I do not believe that it is wise to do it, and therefore I hope that the committee will not consent to so great a reduction as has been proposed by the Gentfrom Iowa. e (Anestion being upon the amendment proposeby Mr. Wilson, of Iowa, h Mr. WILSON, of Iowa, demanded tellers. Tellers were ordered; and Messrs. Winsou of Iowa, and DAVIS, were appointed. The committee divided, and the tellers reported a es 46, noes 46. The C AIRMAN voted in the affirmative. So
The Clerk read as follows: On beans.(exceptvanilla and castoroil.) 20 five centsper bus cl. On broomcorn. 15%.ad valorem. 0n buckwheat, ten centsper bushel.
Mr. HARDING, of Illinois. I move to amend the last clause by striking out “ ten" and inserting the word “ 20, ” after the word “buckwheat.” I propose to submit to the House some reasons why the duty on buck wheat should be increased; and what I have to say in regard to buckwheat ap lies generally to the agricultural products of the country. Now Mr. Chairman, I desire to state that while I am in favor of a reduction of some of the high rates proposed by this bill, I am not opposed to a tariff for revenue, discriminating or protection. I am an old tariff man. For more than 30 years I have insisted that, in the arrangement of duties upon foreign productions introduced into this country, we should discriminate against those which compete in our markets with the productions of this country; that we should discriminate against those that compete with us and threaten to destroy the industry of this country. And sir, the reason why I am opposed to this bill is, that I think it outrages the principles of reciprocity and equality. I believe that a tariff to be just” should e so arranged as to roteet all the interests of the country alike. Ipam no sectionalist; but I would put such protection upon our agricultural productions as to make it clear and apparent to the people on the other side of the border, in Cans. a, that their interests are identical with ours. I would remove the necessity of a long line of forts and posts for troops, watch towers and revenue vessels to detect smugglers. gaHc e the hammer fell.]
Mr. ISIORRILL. I move that the committee rise for the purpose of terminating debate. Themotion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Scorrnu) reporte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the house No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that when the House shall again resolve itself into the ComWhole on the state of the Union, all debate on the pending section terminate in one minute. The motion was agreed to. TARIFF BILLwAGAIN.
Mr. MORRILL. I move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIEIJ) in the chair,) and resumed the consideration of the special order, being the bill gH.R.No. 718) to provide increased revenue from imports, and for other purposes. The pending question was upon the amendment of Mr. ARDING, of H ine is, to make the duty on buckwheat 20 cents instead of ten cents er bushel.
Mr. MORRILL. I so ose that is not a serious amendment, and fliope it willnot be adopted.
Skip Skip The question was taken; and there were, upon a ivision ayes 20, noes noteounted. So the amendment was not agreed to.
The Clerk read as follows:.On cleanedricc, andon rice commonlyoailedPatna r ce, 2 and a half cents perpound; on uncleaned. rle.two centsper pound. “Jr. MORRILL. I move to amend by striking out after “on uncleaned rice” the word. “two” and inserting “ one and a half.” The amendment was not agreed to. "
Mr. MORRILL. I move to further amend the paragraph by adding “on patty, one cent perpound.”
The Clerk read as follows: On corn. Indian, or maize, ten centsper bushel.
Mr. ROSS. I move to strike out “ te" and insert “ 20.”
Mr. SPALDING. I move to insert after the line just read, “on wheat, 40 cents perbushel.”
The Clerk read as follows: On flour and meal. middlings and mill feed of wheat, corn. rye, or cats, 20%. ad ca rem.
Mr. BOSS. I move to strike out “ 20 ” and insert “ 40.”
Skip Skip The question was taken; and upon a division there were ayes 40, noes 53. So the amendment was not agreed to.
The Clerk read as follows: On buy, onedollar perton.
Mr. ROSS. I move to strike out “one dollar” and insert “two dollars.”
Mr. GARFIELD. I move to insert after the line last read, “on malt, 30%. advalor cm.”
The Clerk read as follows: On peas.25centsper bushel.
Mr. ROSS. I move to amend by striking out “25” and inserting “ 50.”
Skip Skip The question was taken; and upon a division there were ayes 25, noes not counted. So the amendment was not agreed to.
Mr. HART. I move to amend by after the line last read, “on peanuts oirnsgerortuinng beans, 2 cents perpound; shelled, 4 cents peround.” T to amendment was agreed to.
The Clerk read as follows: On potatoes, ten centsper bushel.
Mr. EGGLESTON. I move to strike out the line just read. The motion was not agreed to.
Mr. ROSS. I move to strike out “ ten" and insert “ 20.”
Mr. HALE. I move to amend the amendment by inserting “without distinction of size or color.” [Laughten] However, I will not press my amendment. The amendment of Mr. Ross was then agreed to.
The Clerk read as follows: On seed, timothy and clover, 20%. advalorem.
Mr. ALLISON. I move to strike out “ 20 ” and insert “thirt 5.” The amendment was agree to.
The Clerk read as follows: we On trees, plants, and shrubs, ornamental and fruit. 15%. ad oalorcm.
Mr. ROSS. I move to strike out “ 15 ” and insert “25." The amendment was not agreed to.
The Clerk read as follows: On tallow, 2 centsper pound.
Mr. ROSS. I move to strike out “two” and insert “4.” The amendment yvas not agreed to.
Mr. RICE, of Massachusetts. I move to strike out the whole of the 12th section as amended.
The CHAIRMAN. The Chair is ofopinion that that motion is not in order. This ill is being read by paragraphs, and not by sections, for amendment.
The Clerk read as follows: SEC.13.Abife:, That, in lieu of the duties heretofore imposedby law, there shall be levied, collected, and paid on the importation of the articles hereinaftermentioned, the ollowmg duties and ratesofduty, that is to say: 0 n lumber hemlock cedar and spruce, round, split, or sided, 1/2 cent percubic foot; when hewn s uare, 3/4ths of one cent percubic foot; when sawed and valued at 6 dollars or less per 1,000 feet, one dollar per 1,000 feet: when valued at over 6 dollars per 1,000.two dollars per 1,000 feet. 0n luinber. pine, ash. butternut, bass wood, birch, elm, maple, and white wood, round, split, or sided. 3/4thsof onecent percubic foot; when hcwn squaro, one and one 4th center cubic foot; when sawed and valued at 6 dol ars or less or 1,000 feet, one dollar per 1,000 feet; when vpaelrutchdouastaonvde, r 6 dollars and not over ten dollar 2 dollars per 1,000 feet: when vpaelrued at over ten dollars or 1,000, 3 dollars 1,000feet: Prom 11, any That when lumber of sort is planedor finished, in addition to the rates herein provided. thereshall be levied and paid, for each si a so planed or finished, one dollar per 1,000 feet: and it' laned on one side and tongued and grooved, 2 ollars per 1,000 feet; and if luned on 2 sides and tonguedand grooved.two dollars and 50 cents per 1,000 feet.
Mr. COOK. With the view of moving here after to place lumber in the free list, I move, as an amendment to the amendment, to strike out the pending section. I should like to be advised upon what principle the manufacture oflumber in this country should be protected. I have listened to the arguments which have been advanced to show the necessity of protecting various branches of manufacture in this country; and those arguments resolve themselves into two. One is the necessity of developin and establishing manufactures of our own. This principle certainly does not apply to the manufacture of lumber. Our forests are limited in extent.
Mr. DRIGGS. Does the gentleman wish to know the reason why the lumber business should be protected?
Mr. DliGGS I will state one very good reason. Canada, stretching along our northern border, is filled with pine forests; and b reason of the chea labor there and the big price of labor in this country, resulting from the war and consequent taxation, there is a necessity that the American interest should be protected unless we want to ruin it. I
Mr. COOK. I was coming to that proposition in a moment. We are not asked to protect the manufacture of lumber for the purpose of developing that manufacture. It has gone on increasing rapidly, and I hope in the future it will continue to increase. be other is a question of protection to American industry. this to protect American labor against the auper labor of Europe. But the labor of gurope does not. come into competition With the manufacture oflumber. The only compe tition is that from Canada; and Canadian labor is not much cheaper, if any, than American labor. The result, then, is to make the western country pay this increase of duty. Every dollar paid for the protection of the lumber interest will be paid by every man who wants to put up a new house or to surround his field win a new fence or to make any other necessary improvement. In fine, the lumber men of the country are to be protected at the expense of the agriculturistS.R.GARFIELD. The gentleman does not recognize the diTTerence between our system of revenue and the taxation of Canada. There ought certainly to be enough to cover the difference which is against us. Our taxation is 5 times what it is in Canada.
Mr. COOK. Let me say, in answer to the objection of my friendfrom Ohio, that he must take into consideration also the difference of premium on gold. My friendfrom Michigan said the American labor was to be protected.
Mr. DRIGGS. You asked why we needed this, and I said because of the cheap labor of Canada, and because of the high prices and the high rates of taxation in the U.S.
Mr. COOK. I think it is a bad policy and wrong in itself to raise revenue by preventing the develoment of the country.
Mr. GARFIELD. I say that Canadian labor does not have to bear as heavy taxation under their sytem as the American labor. Now, does not the gentleman think it is necessary to put on the ifference?
Mr. COOK. I do not understand that the difference is against the American labor look in to the difference between our currency and go d.
Mr. GARFIELD. I think the gentleman is mistaken. [Here the hammer fell.]
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate upon this subject. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOl ‘IELD reporte that the ComWhole on the state of the Union, had had under consideration the Union generally, and particularly the special orderz being bill of the House No. 718, to provide increased revenue from imports, and or other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate be terminated on the ending paragraph in the ComWhole on the state of the Union in 5 minutes after its consideration shall be resumed. The motion was agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordiagly resolved itself into the ComWhole on the state of the Union, (Mr. Scorisu) in the chair,) and resumed the consideration of the special order, bein the bill gH.R.No. 718) to provide increase revenue from imports, and or other purposes.
Mr. MORRILL. I think the scale placed in the bill, after consultation with various parties, is about fair. I am quite satisfied that it should not be increased.
The CHAIRMAN. Debate is exhausted on the amendment and no further amendments are in order. The gentleman can withdraw his amendment.
Mr. COOK. I made it in good faith, and I want to vote for it. But I will withdraw it for the purpose of sayings word or 2 and renew it when I have done. I want tostate that it is bad policy to raise a revenue by crippling the resources of the country. Now, there is no one thing that affects every man in my section of the country like this tax on lumber. We have to dependentirely upon the lumber which we get from the North. I suppose it is not necessary to argue that the supply of lumber will regulate the price. I do not know what circumstances may have occurred in particular instances to depress the price at Chica o in the case cited by the Gentfrom ichi an, [Mr. Fsaar] but assuming that it will e a rule that commends itself to every man that, the supply of lumber will reiulate the price, it is vital)to us that the supply shall be free. And if the committee shall seefit to raise a revenue from lumber to the extent that is reposed, it will have the effect so to cripple e development of the country as to prevent the buildin up of the towns and fences of the agriculture lands, so that the actual revenue which Wlll be derived will be less in consequence of the duty im osed on lumber. fliers the hammer fell.]
Mr. COOK. I renew my amendment. The guestion being taken on the amend 0 meat
Mr. FERRY, it was agreed to ayes 61, 1‘noes 87. he question recurred on the amendment of Mr. Coos to strike out the whole paragraph, and it was not a reed to ayes 29, noes 70. The Clerk rea as follows: Onlumber.black walnut. cherry.chestnut.andoak, not sawed. And less advanced than boardsandplanksI not otherwiseprovidedfor. 10%. advalorem; when sawed, 4 dollars per 1,000 feet. On ship timber, 50 centsper ton.
Mr. ROSS. I move to strike out “ 50 cents” and insert “ 3 dollars.” The amendment was not agreed to ayes 25, noes not counted.
Mr. PIKE. I “ move to strike out the words on ship timber 50 cents perton, ” and insert in lieu thereof the followmg: 0n ship timber 1/2 cent percubic foot; on ship knees. one cent perinch; an on hard wood ship plank, 50 cents per 1,000 feet. I think I have the concurrence of the chairman of the committee.
Mr. WILSON, of Iowa. I would like to have the gentleman explain the difference between
The CHAIRMAN. Debate is out of order. The question being taken on the amendment, there were ayes 38, noes 59.
Mr. PIKE. I demand tellers. Tellers were refused. So the amendment was disagreed to.
The Clerk read as follows: On railroad ties. rough hown or sawed, 3 cents 08 0.
Mr. ROSS. I move to strike out “ 3 ” and insert “5.” The amendment was disagreed to.
The Clerk read as follows: On shinglebolts.hub; for wheels.last blocks, posts andllumber, notothermso provided for.hcwnorsawed only, 10%. advalor rm. On pickets, palings and lath, 20%. advalamn. o per nthroifut spainned and cedar shingles, 75 cqpta 0n sawed pine and cedar shingles, 50 cents per 1,000. On spruce shingles, 40 centsper 1,000. 0n pine clapboards.four dollars per 1,000. 0n spruce 0 ii boards. $250 per 1,000. Sso. 14.Abife: That from and after the day and year aforesaid the importation of the articles hereinafter mentioned and embracedin this sectionshall be exempt from duty. that is tosay: Archilia. archil, or orchilia weed. Books. maps, and charts for the useof the U.S or the conressional Library. imported by authority: Provide:, The price paid the importer does not include the duty.
Mr. MYERS. I move to insert after the word “authority” “and also all books and publications in any of the Sclavonic languages.’ " Mr. Chairman, I havea petition from members of the Sclavonic Fraternity of the U.S., asking that books and publications in their several languages may be exempted from duty, and I now present it to the House, hoping that their prayer may be granted. There are about 20,000 of these people in our country, speaking from 15 to 18 different idioms, the alphabets differing also. I have now before me newspapers in the Russian, Polish, and Bohemian dialects, which on account of the great heat I will not trouble the Clerk by sending to his desk to be read, laughterg] but it is sufficient to state that we 0 not print publications in anyof these various languages in this country. oor immigrants speakin them, who naturally desire to bring a few re igious and other books with them, as it takes some time for them to learn our tongue, find the duty amounting almost to a prohibition. I know of an instance where a resident of Washington importing such books, valued at ten dollars, had to pay 21 dollars for duties, exchange, an expenses upon them. As we do not print any such publications we need no protection calling for a duty, and the revenue erived from thissource is too trifling to speak of. Thereis no other'class of foreign pubications in which an exemption from duty is so approriate, and I hope the House will act favorably in the matter.
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate on this section.
Mr. LeBlON D. I hope.the gentleman will let us consider this section without limiting the debate. The House will see at once that there are a great man articles put on the free list that ought not to e there.
The CHAIRMAN. The motion is not debutable. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Scorn11d reporte that the ComWhole 0n the state of the Union had, according to order, had under consideration bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. BUFFERERS BY THE PORTLAND inns.
Mr. HIGBY. I presume I will be pardoned, on account of the extraordinary occurrence, in giving notice to the members of this House that any who feel disposed to contribute to the sufferers by the recent fire in the city of Port land, Maine, can do so by handing in their contributions to the Gentfrom Maine, [Mr. PsuiLut] and he will see that the money is immediately forwarded. CLOSE OF DEBATE.
Mr. MORRILL. Imovethatwhenthe House shall again resolve itself into the ComWhole on the state of the Union all debate on the pending section terminate in 3 minutes.
Mr. LeBlOND. I hope the gentleman will extend the time.
Mr. MORRILL. I want one minute myself and I want to allow 2 minutes to the Gentfrom Pennsylvania; but I will modify it so as to allow the Gentfrom Ohio [ML LE Elwyn] 5 minutes, making 8 minutes in a The motion wastagreed to. TA RIFF BIL L AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being the bill H.R.No. 718) to provide increased revenue from imports, and for other purposes.
Mr. L ORRILL. Mr. Chairman, in reply to the remarks of the Gentfrom Penns 'l vania [Mr. Mums] I will say that I consider the policy he proposes a bad one. The same policy was inaugurated in the State of Louis iana. Where we have recognized no foreign language whatever, the population has imme diatel assimilated and become American. In Cana a, on the contrary, where they keep up the French language, there a distinct race has been perpetuated. I hope the amendment will not prevail.
Mr. KELLEY. Mr. Chairman, as we proceed, I give notice that I shall move to strike outline 9, “chalk, white, or cliff stone.” It was put in the bill under the idea that we had none in the country. I think the chair man will assent to its being stricken out.
Mr. MORRILL. I have no objection to this bein stricken out.
Mr. K ‘LLEY.' I also propose to insert between lines 18 andp 19 “cam wood and palm 011, ” both raw materials, produced nowhere in this country, nor on this continent, I believe.
Mr. DAWES. I shall move to insert at that place “cat t and whip gt.”
Mr. LeBlOND. I give notice that I shall move to strike out lines 5, ten to 19, inclusive, and 21 to 27, in clusive, leaving line 20 remaining. Gentlemen say that these articles ought to be upon the free list because they are not produced in this country. I would ask gentlemen if coffee and tea are produced in this country. Yet those articles are taxed. The articles embraced in this free list are all articles that go into the manufacture of various commodities in this country. Look at the articles in this list exempt from duty. I find here “ivory, unmanufactured.” Whatis that for? To enable men who are manufacturing buttons and such articles to obtain the raw material free of duty. You have here “horns, liorn ti s, and hoofs.” Why put those articles in the rec list? It is simply for the purpose of enabling the particular men who perchauce live in the eastern States to obtain these articles for manufacturing purposes free of duty, and yet you tax tea and coffee, things that are not produced in this country at all, but which enter into the comsumption of all classes of the community. Them in the latter part of this section it is proposed to exempt wearing apparel that is obtained by persons who go abroad. Now that provision evidently opens the door to frauds.
Mr. MORRILL. ’lhat provision is adopted from the Democratic tariff of 1846, and is a provision which has been a law of the U.S. ever since., Mr. LeBlOND. I do not care whether it was adopted under a Democratic Administration or not. If the gentleman will only allow the entire bill to be made to conform to the Democratic theory upon the subject, I will go with him. But I do not believe in making flesh of one and fish of the other. The truth is that if you undertake to have atariff for revenue purposes alone, then you should make it with reference to revenue only. But do not discriminate in this manner in favor of the manufacturing interests and against the consumers of the country. This is all I have to say on this point. 7 The question recurred upon the amendment of Mr. IYERS, admitting free of duty publications in the Slavonic language.
Mr. HALE. Imove to amend by adding the words, “or in the original Irish or Erse language. [Lau hter.]
Mr. TIYERS. have no doubt that would be ver satisfactory to my friendfrom NewYork, Eur. HALE.]
Mr. imz’s amendment was not agreed to. The amendment of Mr. Mirsns was not agreed to.
Mr. DAWES. I move to amend by inserting after the last paragraph, “cat gut and whip gut.”
The Clerk read as follows: Chalk, white or cliffstone: cudbsar; cutch; cryo lito; dragon's blood: diamond powder.dust or hurt; Esparto or Spanish grass; Gam ier.
Mr. KELLEY. I move to amend by striking out the words “ chalk, white, or cliff stone.”
Mr. ALLISON. I move to insertafterwhat was last read by the Clerk, “ extract of benilock bark.”
The Clerk read as follows: Horns, horn tips, and hoofs: ivory. unmanufacture d; paper waste.
Mr. WASHBURN, of Indiana. I move to strike out “horns, horn tips, and hoofs.”
Mr. LeBlOND. In order to make the animal complete, I move to amend so that it will read, “ orns, horn tips, hoofs and tails.” [Langhten] The amendment was not agreed to.
Mr. KELLEY. I move to insert after the words “ivory unmanufactured” the words “camwood and palm oil.”
Mr. MORRILL. I move to amend by in s“erting the word “leeches” before the words paper waste.” I am informed by physicians that eeches will be classed as animals, and if not included in the free list they will be subject to the duty on live animals.
Mr. LAFLIN. I move to amend by striking out the words “ paper waste, ” and inserting in lieu thereof the words, “waste, or raw mate rial of whatever kind for manufacture into papehre.”amendment was agreed to.
Mr. MORRILL. I move to amend by add i“ng to the amendment last adopted the words and not fit for any other purpose.”
The Clerk read as follows: Fish. freshcaught, for daily consumption.
Mr. MORRILL. I move to amend by inserting after what has just been read the following: i nSgtsa.tuary.statues.busts.medallionportraits. palnt or other worksof art, being the production of American artists residing abroad and which shall he so certified by the artist or by a consul of the U.S. The amendment wagingreed to.
Mr. MORRILL. I move to amend by inserting “sumac” after the amendment just ado ted. ie amendment was agreed to.
The Clerk read as follows: Wearing apparel in actual useand other personal pefilcmccctsn.t(sn, ot merchandise) professwnal books. iin instruments. and tools oi trade, occuration, or employmentof persons arriving in the U.S.: Provided. at this exemption shall not be construedto include machineryor other articlcsjiu ported for use in any manufacturing establishment or for sale.
Mr. DODGE. I move to amend by adding to the paragraph Just read the followmg: Provided farther, That apy individual or association of individuals. importin nuy 0 act of art for presentationas a gift to the U.S. Government or to any Stateor municipal government shall be allowed a drawback for the amount of duty paid upon such work so presented.
Mr. O’NEILL. I move to amend by inserting afterthe word “States, ” in line 24, the words “brought here for personal use and not for the purpose of sale, ” so that the clause will read as follows: Wearing apparel in‘actual usc. andother personal emffeencttss,(notmerchandise.)professionalbooks.imple instruments and tools of trade.occulation or employmentof personsarriving in thoU.S.brought here for personaluseand not for the purpose of sale: 11. 0.
Mr. MORRILL. That amendment is hardly necessary.
Mr. O’NEILL. The gentleman will find, on examination, that it is necessary. Unless some such amendment be adopted large numbers of books as well as other articles designed for sale will be imported in evasion of the duty.
Skip Skip The amendment was agreed to, there being aes 49, noes not counted. hfrhFINgK. Idmove to in averte en in are amelpdnby inslerg a rovic thit coffee she. I be frgclfroigrall) duty?” The amendment was not agreed to, there being ayes 20, noes 78.
Mr. WILSON, of Iowa. I move to amend by striking out in the 1st line of the pendin paragraph the words “and other persona effects.’ It seems to me that this clause will open the door to extensive frauds iipon the revenue. The amendment was not agreed to.
The Clerk read as follows: sec. 15.Abife: That. during the period of one yearfrom the passageof this act. t may icro beimportedinto the U.S., free of duty, any machinery designedsolely for and adapted to the manufactureof sugar from beets, including all the preliminary processesrequisite therefor but not including any machinerywhich may be usedfor any other manufactures.
Mr. ROSS. I move to amend b inserting after the word “ beets, ” in the 6 h line of this section, the words“ or sorghum;” so that “any machinery designed solely for and adapted to the manufacture of sugar from beets or sor ghum” shall be admitted free. The manufacture of sugar from sorghum, one of our western productions, needs to be encouraged as much as anything else; and I think that we should allow the machinery for this purpose to come into the country free of duty.
Skip Skip The amendment was agreed to; there being ayes 49, noes not counted.
Mr. SMITH. I move to strike out this section; and I would like to inquire of the chair man of the ComWays&Means why machinery for the manufacture of sugar from beets cannot be used for variOus other pupposes.
Mr. MORRILL. Because the process is peculiar and requires a peculiar kind of machinery, which is fit for no other purpose. I may remark, also, that the manufacture of su ar from beets has only recently been introduced into this country only in Illinois and California, erhaps but I trust that ere long it will be a a e and growin interest.
Mr. SMITfig I am enab ed to state, from the testimony of those acquainted with this subject I do not pretend to make the statement from my personal knowledge that the machinery used for the reduction of sugar from beets can be used in the manufacture of sugar from almost any other article from which sugar can be made. I believe that other me chanical operations can be performed with this machinery where sugar is theingredient to be obtained.
Mr. MORRILLL. I call the gentleman’s attention to this last proviso of the section: Provided. That this exemption shall not be construed to include machinery or other articles iin ported for use in any manufacturing establishment or for sale.
Mr. SMITH. It does not follow that machinery absolutely used for this particular purpose cannot be used for the manufacture of sugar out of other materials.
Mr. MOBRILL. The general principle announced by the Gentfrom ame is a correct one. It is a principle of our laws at the present time; butI hardly think the amendment to the extent proosed is a proper one. If the gentleman had called the attention of the committee to it earlier, and provided for the security of the U.S., perhaps it would be correct; but in our complicated system oftaxation it would be difficult to say on what materials duties were paid. It would be difficult to tell what iron and what steel had paid duty which entered into the construction of a carriage for exportation. It would be difficult to tell which was foreign leather and which was American leather. There would be so many difficulties in carrying out the revision as suggested by the Gentfrom laine thatI think it would be hardly safeto adopt it.
Mr. ALLISON. I move to amend by adding the following proviso: Provided. That ten‘%. on the amount of all drawbacks.so allowe shall be retained for the use of the U.S. by the collectors paying such drawbacksrespectively. I only desire to say that if this amendment is adopted, there oug tto be aprovision allowing acertain portion of the duties to be retained in the Treasury. I agree, however, entirely with the chairman 9f the ComWays&Means that it would be impossible to carry this provision into effect.
Mr. ALLISON. Because you cannot tell, it is impossible to tell, whether this steel or iron or other product that enters into these manufactures, was manufactured from articles imported from abroad or from domestic products.
Mr. ALLISON. I understand that there is no objection to my amendment.
Skip Skip The question was taken on Mr. ALLisos’s amendment to the amendment, and it was agreed to.
Mr. MORRILL. I move to amend the amendment by striking out the wor( “car riages.” M remarks applied to carriages rather than s ips. I have no great objection to the amendment so far as it relates to but the amendment of the gentleman inesluhipse, s other articles.
Mr. PIKE. I have a word only to say in reply to the Gentfrom Vermont, and I trust the committee will bear with me. as I have not trespassed much on their attention during the discussion of this tariff. I wish to say, in reference to the practical working of this measure, that in the early part of the session I took the pains to write.to Canada to ascertain the facts in relation to their laws there upon this subject, and I learned that they have found no practical difficulty in enforcing a law like this. They provide that all the materials I have enumerated here shall go into their ships free of duty, and they say that practically it works well. Of course if they continue the policy of thus encouraging ship building they will outrun us. That is inevitable. We cannot continue to run ships costing 25 to 50%. more than provincial ship s of the same character.
Mr. HOGAI‘I. I would like to ask the Gentfrom Maine a question. Are not the provisions of his amendment to inure exclusively to the benefit of foreigners? You will not allow foreign vessels to come in and receive American registers. Now, why compel our people who use ship s to pay all these expenses and all these uties while you build ships to go abroad and compete with our ship ping?r. PIKE. I am lad the gentleman has asked that question, fcgir I wish to correct a prevailing error in the House, and that is that American ships have advantages over other ships. I say to the gentleman that there is no one single advantage that an American ship of 1,000 tons in the port of NewYorkhas over a British ship except this single one of the coastwise trade, which to ships is of almost no importance. The Gentfrom Missouri seems to think that these ship s are to be sold foreign in order to obtain the rawbaek. But it is not so. They are to be held and owned by Americans. The ship differs from other articles in this, that it is constant] exported. Everyvoyage she goes foreign, an a ship is as much entitled on any fair ground to a drawback as any article we now send foreign, and under the general law Obtain a drawback for. My object is simply to build up our mercantile marine. Of course that object would be defeated if, as the Gentfrom Missouri supposes, ships should be sold abroad.
Mr. HOOPER, of Massachusetts. I move, proforme‘, to strike out the last word of the amendment, merely that I may have an opportunity to ask the Gentfrom Maine [Min PIKE] if the effect. of his amendment would not be adverse to the protection of American industry, and if a drawback is to be allowed on all the foreign materials used in ship building and on these various articles of manufacture, whether it would not confine the manufacture of these articles entirely to the foreign material, thus shutting out our own domestic articles. Itake, for instance , steel. No Amer ican steel will be used and no American iron will be used in ship building; foreign steel and iron would be used if they were to have a drawback.
Mr. PIKE. I wish to say“ in reply to that, that here is the case of a manufacture which I think the committee will all concur with me in saying is one of the most worthy manufactures of this country. The question is whether this manufacture, which comes in direct competition with foreign manufactures, shall contribute to other American manufactures, and for their benefit, to its own destruction. I say to the Gentfrom Massachusetts that he should not insist that the manufacturers of iron should grow rich at the expense of the ship builder. This is a purely American article, owned necessarily under our laws by Amer ican citizens, for no foreigner is allowed to own an American vessel. It is produced and owned by American citizens and run for the benefit of American citizens. It is idle to talk about this being a cat naval Power unless we have a commercia marine upon the seas. If you pursue your present course you will drive American ships from the ocean and make us, as a maritime Power, 2nd to the great Powers of Europe. You cannot have a great navy unless you 1st have great tonnage. It is a matter of national importance that our vessels should not be driven from the ocean, but that the harbors of Boston, NewYork, and Philadelphia, instead of being crowded with foreign vessels to carry our products abroad, should be filled with vessels that ii at their mast heads the stars and stripes. I do hope the committee will appreciate the importance of this amendment.
Mr. MORRILL. I move thatthe committee risp for the purpose of closing debate upon this su iject. The motion was agreed to. So the committee rose 3 and the Speaker havin resumed the chair, Mr. SCOFIELD reporte that the ComWhole on the state of the Union had, according to order, had under consideration bill of the House No. 718 to provide increased revenue from imports, an for other purposes, and had come to no resolution thereon. LEAVE or ABSENCE.
Mr. PERHAM asked and obtained indefinite leave of absence for his colleague, Mr. Lvscu.
Skip Skip The question was taken; and upon a division there were ayes 37, noes 67. So the motion was not agreed to. CLOSE OF DEBATE.
Mr. MORRILL. I move when the House shall again resolve itself into the ComWhole on the state of the Union, all debate on the pending section and section 16 terminate in 8 minutes. 4
Mr. ROSS. I move to amend by making it one minute instead of 8 minutes. The motion of Mr. Ross was agreed to. The motion of Mr. Monnii.i., as amended, was then agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House aceordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased reve nuc from imports, and for other purposes. The question was upon the amendment of Mr. PIKE.
Mr. HARDING, of Illinois. I desire to say that no reason has been given why we should protects. special interest by a drawback that does not apply equally to every article of export from any part of the country.
Mr. PIKE. We already give a drawback on whisky.
Mr. HARDING, of Illinois. How isitwith beef, pork, and1,000 things of that kind?
Mr. PIKE. There is no tax on beef and pork.
Skip Skip The question was taken upon the amendment of Mr. IKE, and upon a division there were aycs 23, noes 71. So the amendment was not agreed to.
Mr. McRUER. I move to insert after section 15 the following as an additional section: Abife: Thatthe provisoin section 4 of an notentitled "An actamendatoryof certain acts imposing duties upon foreign importations " approvedMarch 3.1865 shall beconstruedto inclu e no ship.vessel, or steamer, to or from any port.in the SandwichIslands or Society Islands. Mr. Chairman, I desire to say in explanation of this amendment
The CHAIRMAN. Debate is not in order. By order of the House debate is closed until the 17th section is reached.
Mr. McRUER. Then Iwithdraw my amendment.
The Clerk read as follows: $50. 16.Abife: reimportation That upon the of articles once exorted of the growth, product or manufactureof the U.S., upon which no internal tax has been assessedor paid or upon which such tax hasbeenpaid and refupded by allowance or drawback, there shall be levied. collected, and paid a duty equal to the tax imposedby the internalrevenuelaws upon such articles.
Mr. HOGAN. I move to amend by inserting after the words “and paid a duty equal to, ” the words “such drawback and.” The amendment was not agreed to.
Mr. MORRILL. I perceive that it will be I move that the House impossible to get through this bill today; I therefore move that the committee now rise. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELD reporte that the ComWhole on the state of the Union had, accordin to order, had under consideration the hill of the House (No. 718) to provide increased revenue from imports, and or other purposes, and had come to no resolution thereon. And then, on motion of Mr. PRICE, (at 4 o’clock and 50 minutes p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions, &c., werepresented under therule and referredto the appropriatecommittees: y Mr. INUERSOLL: The petition of James A. Tait. John S. Slater, and 159others.W07lllllc lnonof the city of Washington, asking for the establishment of a.public plark 13 Mr. KELLEY: The petition of Horatio Stone for alnncodue him for the execution of the statue in marble of John Hancock for the SenateWing of the Capitol building. under instructions from the LibBryar Committee. It Mr. MYERS: TllGJIOIilIOD of the “Selavonic Fraternity" of the U.S. 8tai.1fl that 20,000 of their people, speaking from 15 to 18 idioms, are residentsof the U.S.; that no booksin their languageor any of its idioms are publishedhere and asking that booksandpublications in the Sclavonic languagesmay be admitted freeof duty.
@@@IN SENATE SENATE. MospAY, July 9, 1866. Prayer by the Cha lain, Rev. E. H. GRAY. On motion of Mr. VILSON, and by unanimous consent, the reading of the Journal of Saturday last was dispensed with. COMMITTEE SERVICE.
The PRESIDENT ro tempore, in accordance with the order of the Senate directing the Chair to fill the vacancy on the committee on ventilation, appointed Mr. KIRKWOOD.
Skip Skip PETITIONS AND MEMORIALS. Mr. COWAN presented 7 petitions of citizens of Pennsylvania, prayin for an increase of the tariff so as to affo better protection to American industry; which were referred to the ComFinance. Mr. HARRIS presented the petition of will liam Baker, praying for an extension of his patent for an improved window blind hinge; which was referred to the ComPatents and the Patent Office. Mr. DOOLITTLE presented a memorial of citizens of Washington, remonstrating against any action of Congress modifing the conditions of the charter of the Washington and Georgetown Railroad Company, either in granting them larger powers or relieving them from conditions voluntarily assumed; which was referred to the ComDistCol. Mr. GUTHRIE presented the petition of A. H. Markland, praying for compensation for ro crt destroyed by U.S. troops at Padluea, Kentucky; which was referred to the ComClaims. REPORTS OF COMMITTEES.
Mr. BROWN, from the ComMilAffrs , to whom was referred a bill (S.No.211) to improve and enlarge the arsenal grounds at StLouis, reported it without‘amendment.
Mr. WILSON, from the ComMilAffrs , to whom was referred a bill (S.No.412) authorizing and directing the an e of the property of the U.S. at Harper’s erry, WestVirginia, reported it without amendment. e also, from the same committee, to whom was referred a bill (H.R.No. 474) for the relief John C. McFerran, reported it Without amendment. He also, from the same committee, to whom was referred aJtResolution (S.R.No. 116) to make compensation for damages to property held for religious and charitable purposes Within loyal States, and for other nrposes, asked to be discharged from its further consideration, and that it be referred to the ComClaims which was agreed to. He also, from the same committee, towhom was referred sundry etitions and memorials pra 'ing for' compensation for supplies furnished an damages done to property during the late war and for the payment of claims growing out of the Indian warin Oregon in 1855 and 1856, asked to be dischargedfrom their further consideration and thatt ey be referred to the ComClaims; which was agreed to.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of Miss Sue Murphy, praying for compensation for the destruction 0? property belonging to her which was used by the Governmentin the erection of fortifications at Decatur, Alabama, submitted a report accompanied by a bill (S.No.413) for the relief of Miss Sue Mnrpli, of Decatur, Alabama. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. CLAR ', from the ComJudiciary, who were instructed by a resolution of the Senate to inquire into the expedienc of providing a uniform and effective mode 0 securing the election of Senators in Congress by the Legislatures of the several States, reported a bill (S.No.414) to regulate the times and manner of holding elections for Senators in Congress; which was read and passed to a 2nd reading. mats INTRODUCED.
Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 125) granting the right of way through military reserves to the Union Pacific Railroad company and its branches' which was read twice iiy its title and ordered to lie on the table and be printed.
Mr. SAULSBURY. Iask leave to introduce a bill without previous notice.
The PRESIDENT protempore. The bill will be read by its title.
The SECRETARY. A bill to amend an act entitled “An act to grant the right of preemption to certain purchasers on the Soscol ranc, in the State of California.”
Mr. SAULSBURY. I will state that I introduce this bill by request. I did not draw the bill myself and know nothing about the merits of it; but I was requested to present it and move its reference to the ComJudiciary. –
The PRESIDENT protempore. Is there any abljlection to the present introduction of this i ‘2
The PRESIDENT protem are. Objection being made, it lies over under the rule; and this will be considered as a notice, and the Senator can tomorrow or on some subsequent day introduce the bill. MEDICAL STATISTICS.
Mr. EDMUNDS submitted the followingres olution; which was considered by unanimous consent and agreed to: Resolved.That the SecyWar he directgdto communicateto the Senatea report of the mo ical statisticscollectedduring the war in the Bureau of the Provost Marshal General by SurgeonJ. H. Baxter as soonM such report can be compiled and prepared for presentationby him.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsnsox, its Clerk, announced that the HoRep had passed a bill (S.No.343) to quiet land titles in California, with amendments, in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The messagealso announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President protem ore: A bil (H.R.No. 461) granting a pension to Ann Shechey; n A bill (H.R.No. 464) for the relief of John ordon; A bill (H.R.No. 495) for the relief of Mary A. Patrick; A bill (H.R.No. 616) for the relief of Lu cinda Gates A bill (if. R. No. 641) for the relief of Charles M. Stout, late a 2nd lieutenant in company E, 7th regiment Pennsylvania Reserve corps; A bill (H.R.No. 684) granting a pension to Mrs. may A. McManus, widow of Ca itain Andrew cManus, late of the 69th enn sylyania volunteer infantry‘; A bill (H.R.No. 698) granting an increase of pension to Mrs. Mercie E. Scattergood; Ebill (H.R.No. 699) for the relief of James L. Perham A bill (H.R.No. 700) for the benefit of John W. Jones; A bill (H.R.No. 708) for the relief of Lien tenant Colonel Frank Lynch; A bill (H.R.No. 704) for the relief of Joel Farle; A bill (H.R.No. 705) for the relief of George W. Bush A bill (H.R.No. 740) for the relief of Me. tilda J. Monroe; A bill (H.R.No. 743) amendatory of an act granting a pension to Mrs. Emeranee Gouler; an AJtResolution (H.R.No. 179) for the relief ‘of Edgar T. Harris. PILOTS AND PILOT REGULATIONS.
Mr. MORGAN. I am instructed by the ComCommerce, to whom was referred a bill (H.R.No. 730) relating to pilots and pilot regulations, to report it back without amendment, and with a recommendation that it pass. As it is a bill of but a single section, and there can be no objection to it whatever, I. should be glad to have it considered at this time. Byunaniine us consent the Senate, as in ComWhole, proceeded to consider the bill. It provides that no regulations or provisions sha 1 be adopted by any State of the U.S.A. which shall make any discrimination in the rate of pilotage or half pilotage between vessels sailing between the ports of one State, and vessels sailing between the ports of different States, or any discrim‘ination against vessels propelled in whole or in art b steam, or against national vessels of the nite States, and all existing regulations or provisions making any such discrimination are annulled and abrogated. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. PREVENTION OF SMUGGLING.
Mr. NYE. As chairman of the ComEnrollBill I find that the bill (S.No.222) further to prevent smug ling, and for other purposes, has come back y some mistake with 8 or 9 of the amendments unacted upon as appears b the report of the comconference. think it proper to call the attention of the Senate to it.
Mr. CONNESS. I was a member of the committee of conference on that bill. The Senfrom Michigan, now absent, [Mr. Cnmnihza] was its chairman, and the Senfrom Maine, today present, [Mr. Moamufl being then absent on account of illness, was a member of the committee. The preparation of the report devolved particularly upon the chairman. By some means there is an error; but the error consists simply in the amendments agreed upon not being entirely recounted. I move that the report and bill be recommitted to the committee of conference for correction.
The PRESIDENT ro tempera. The senate must 1st reconsi or its vote adopting the report before it will be before the Senate.
Mr. CONNESS. I make that motion. The mtR agreed to.
Mr. CONNESS. I now move to recommit it to the committee of conference. The motion was agreed to. A message was subsequently received from the HoRep announcing that they had reconsidered the vote adopting the report of the committee of conference, and had recommitted the bill and the amendments to the committee of conference. PAY of ARMY orrionns'.
Mr. RAMSEY. I move that the Senate proceed to the consideration of House JtResolution No. 101. The motion was agreed to; and the Senate resumed the consideration of the JtResolution (H.R.No. 101) for the relief of certain officers of the Army.
The PRESIDENT protempore. The JtResolution has been read and reported as from the ComWhole, and the question now is on concurring in the amendments made to the resolution as in ComWhole. The amendments were concurred in.
Mr. RAMSEY. I move to further amend it in accordance with an understanding with the chairman of the ComMilAffrs. I move 1st to insert in line ten, after the word “who, ” the words “if not killed in battle.”
Mr. RAMSEY. I move further to amend in line 12, after the word “officer, ” by inserting “or to his legal representatives."
Mr. RAMSEY. I move to amend also in line 13, after the word “emoluments, ” by inserting “of his rank.”
Mr. GRIMES. I ask for the reading of the JtResolution now as amended.
The Secretary read it, as follows: Resolved, That in every casein which a commissioned officer actually entered on duty as such commissioned officer, but by reason of being killed in battle, capture by the enemy or other cause beyond his control, and Without fault or neglect of his own, twhairstynodtamysusftreormedawcictheipntaancpeeorifoadpopfonine ttmleesnst and actual entry upon duty and who, if not killed in battle, was afterward regularly mustered into the sonnet!of the U.S. the pay dept shall allow to such oliicer full pay and emoluments from the date on which such officer, or to his legal representatives full pay and emoluments of his rank, from the date such officer actually entered upon his dirt.deducting from the amount paid in accordance With this resolutionall pay actually received by such officer for such period.
Mr. WILSON. I move to strike out in line 12 the words “or to his legal representatives, ” with a view of putting in an additional section. the pay dept does not pay the heirs or lega representatives. That as to o to the 2nd Auditor.
The Secretary read the section proposed to be inserted, as follows: Abife:, That the heirs or legal representatives of any officer whose muster into service has been or shall be amendedhereby shall be entitled to receive the arrears of pay due such oficer or the pension provided bylaw for the corpsin which such officer is mustered under the provisions of the 1st section of this resolution.
Mr. WILSON. I will simply say that the pay dept does not pay the heirs of officers. hat matter is settledin another dept of the Government, andll submit this amendment with a view of havmg it correct. I propose to strike outthe words “ or to his legal representatives” in line 12 of the resolution, and to add this new section to cover the idea which is intended to be conveyed in the 1st.
Mr. RAMSEY. I was not aware that they did not pay the legal representatives. Are you not mistaken about that?.
Skip Skip The amendment was agreed to. the amendmentswere ordered to be engrossed for a 3rd reading, and the JtResolution to be read a 3rd time. It was read the 3rd time and passed. WILLIAM nicnnY.
Mr. HENDERSON. The ComContingent Expenses, to whom was referred a resolution to pay to the legal representatives of William Hickey, late Chief clerk of the Senate, his funeral expenses and the balance of his salary for the year in which he died, have instructed me to report back the resolution with the recommcuation that it ass. I suppose there will be no objection to the resolution, and as it is one that ought to be passed, Iask the indulgence of the Senate to have it passed Therenow: being no objection, the Senate, as in ComWhole, proceeded to consider the following resolution: Resolved. That therobe paid to thelegal representatives of William llickoy. lato Chief Cler of the Senate. 8300to pay his funeral expenses and that grey be paid the balanceof his salary as Chief Clerk the year in which he died. The resolution was reported to the Senate, ordered to be engrosse for a 3rd reading, read thq 3rd time, and passed. THADDEUS HYATT.
Mr. POMEROY. I move that the Senate now proceed to the consideration of Senate bill No. 367. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.867) to extend tElIle time of letters patent issued to Thaddeus yatt.
Mr. BROWN. I do not know that there is any propriety in making an opposition to this bill, as it has come from the ComPatents and will probably pass the Senate; but I feel it due to myselfto say that I disapprove of it in toto. I doubt very much whether it would not be wise in us to repeal the present system of patent laws, which result in monop olies very injurious to the country, or, if we intend to give relief to individuals, give it on an entirely different plan. But I have no doubt at all that if we do maintain that system we. ought to let it take its course, and whenever a stout has run out and large amounts have been amassed from it, not come in here and tax the community for ten, 15, or 20 years in addition for the benefit of a single individual. Now, if I am correctly informed, this patent, in this case, shows under the investigations of the committee a net earning of nearly 100,000 dollars for an invention that is very trivial in its character as far as inventive power goes certainly, and that is very necessary to the flee use of the community. I, for one, am not willing to tax the community that I represent for another term of 14 ears for the benefit of such an invention. trust the bill will not be passed.
Mr. POMEROY. The Senfrom missouri, I believe, makes the objection to this bill that he assures me he makes to all bills of the same sort. That is, he opposes all bills granting patents and then grantin extensions. The fact about this patent is, that it was issued many years ago. In the 1st 7 years the inventor did not get anybody to use it. The 2nd 7 years he got it in use through a manufacturing company, and the last se n cars it has been somewhat remunerative. he fact is that what the community are now using is covered by the old invention, and the old invention is not what he uses, but that patent is the only protection he has for the invention that he does use. I know this case very thoroughly, because I have been connected with
Mr. Hyatt for many years, and I know this is a case of very peculiar merit, so far as his 0wn condition is concerned.
Mr. BROWN. I have no feeling in this case that would lead me to oppose this particular patent more than any other as regards the persons who are involved in it. On the contrary, my feelings would erha s incline me to 'lookwith favor (if I could so ook upon anything of the kind) upon this measure for the benefit of the person interested; but I think the principle is awrong one. I think the evidence roug t out by the committee shows that the receipts from this patent have been amply sufficient to cover the invention, and that there is nothing of meritin the application at the present time for an extension. It is simply levying a tax upon the community under another name for the benefit of a single individual.
Mr. POMEROY. the Senator s oke of his constituents. His own constituents have never paid a cent. They have used the patent. without aying the inventor one cent. There is nothing collected today at StLouis.
Mr. ROWN. I presume they have paid as much as any other constituency if they have used it.
Mr. POMEROY. No; the articles have been manufactured in StLouis without
Mr. Hyatt ettingauy commission on them. What little the do use there have been manufactured with out.any benefit to him.
Mr. BROWN. So much the better reason whfivI it should be continued so.
Mr. SUMNER. I understand the objection of the Senfrom Missouri is of that broad and general character which is equally applicable to every bill of this kind. f ObJCCllODS that were of a special character were adduced against this bill, I should certainly be willing to go into the argument in its favor, and not otherwise; and yet there was one remark which the Senator let drop that I think deserves a passing comment. I He spoke of this as a ‘trivial” invention. Against his accidental judgment, thus hazarded, I would adduce the official testimony of the ComrPatents, who, when called, upon to review this patent officially, expressed himself as follows: “I am entirely satisfied that Hyatt’s invention, whether it wasthe result of n. high degreeof inventivo gonius or roquired but a very small nmoantofin DIXItY'dl:Soverygaluabltague the pluhlitatatpgh prove as u. uses re can ro em than to as ramifi lm's'olzl 9 Sir, there is official testimon that this invention is a very valuable one to the public. Now, sir, I might go further. I might go into details and show the extent of its vs. no to the public.
Mr. SUMNER. It is the vault lights which really have only been brought into use in afcw of the large cities, chiefly in NewYork, a lit tle in Boston, and a little in Philadelphia; but, however, I will not occupy the time of the Senate upon it.
Mr. C WAN. I will only say that I think the honorable Senfrom Missouri misap prehends the question when he asserts that this is a tax upon the community for the benefit of Mr. Hyatt. That is not.the question. The question is whether at this time the community is entitled to the benefit of that which was
Mr. Hyatt’s, which he invented and which he discovered, and which, for aught we know about it, the community never would otherwise have possessed. That is the question. The c'ommunity are not compelled to use
Mr. Hyatt’s invention; but if they do use it and are content to pay him a reasonable compensation for it, I think he ought to have that compensation until he has been remunerated fully for the service which he has conferred upon the community. That is this case, and I would any further that this is not perse an extension of the patent. The bill merely authorizes
Mr. Hyatt to 0 before the ComrPatents and there make out. his case the same as though he were appl 'ing under the law which now.revails for the 1st extension.
Mr. BROW.Ibelieve that the patent laws go a on the principle that the term provided in them shall he a sufficient coinpensation for the invention. Now, I have heard no one reason adduced here this morning why we shall go beyond the present law, why we shall depart from the present system and violate what is the system, so to speak, in behalf of this individual. I believe it is confessed on all sides that a very large amount of money has been realized by this invention. If I am not mistaken, the patent has already been extended once, and the intention now is to extend it by special act for an additional term of 14 years.
Mr. BROWN. 7 years. So far as an thing has been adduced to show why it should be done, it strikes me as the very best reason why it should not. The S’eiiatorfrom Massachusetts in commenting on my remarks speaks of the great value of this invention, how largel it is coming into use, how much it is neede b the public everywhere. Well, sir I think that is a reason why we should care a little for the public interest in this matter, especially if the individual has been compensated, and compensated more than 99 out of a 100 inventions ever get. I am opposed to the bill 'In toto, and I hope it will not be passed.
Mr. HENDRICKS. I wish to inquire of the Senfrom Missouri, as he has examined the bill how long the special privilege has been enjoyed and what have been the profits made. what is the invention?,
Mr. BROWN. It is an invention for lighting vaults by the insertion of glass in the pavements. I think the report shows that something like 96,000 dollars has been realized fromt e invention heretofore. The chairman of the committee can state howlong the atom has been enjoyed.,
Mt. COWAN. From the evidence which was before the committee it appeared that during the time that Mr. Hyatt enJoyed the bent, fit of his invention, the 1st 14 years that lie enjoyed it the patent realized hardly any thing, from the diculty which he had in intro ducin it into public use. During the last few years e has realized, perhaps, something near 100,000 dollars, but upon con. sidering the great value of this improvement to the community, particularl in large cities, seeing that it makesav's'ilable the very foot.walks for all the pamper of store rooms and, ih'ops or‘v‘srions, find that it can be applied toother purposesusefully, the committee thought he n'ot'be'en oempeusated for the value of the invention to the community. It might have been ample compensation for divers inventions, but not for one of such magnitude as this and one of such lgreat importance to large cities; and there ore it. was that we thought he ought to have an opportunity to apply to the ComrPatents for another extension of 7 years, as it is really only 6 or 7 years that his discovery has been introduced into general use. The bill was reported to the Senate without amendment.
Mr. FESSENDEN. When I 1st. came to Congress these applications were frequent. was on the ComPatents for a time, and I was astonished at the representations made. In some cases patents popularly supposed to be exceeding y valuable after they had been enjoyed for a term of 14 years, were, on prOof to the Commissioner that they had not been as profitable as they ought to be, extended for 7 years. It was then a very common thing to come here with applications to get 7 years in addition. This made very considerable coafusion constantly from the fact that rights were assigned in them in different places, and the renewal for 7 years was hel by the courts as a general rule not to apply to assi nments, so that the patentee was reinvested in lhis powers and held the whole. So far as I observed, those really valuable patents which had paid well were the only ones really in regard to which there came applications for renewal. Finally Congress became satisfied of that and refused to grant any extension after the period of 21 years; they thought that was long enough. That would seem to be enough to secure to aman a reward for his brains and labor. He got 21 years, and that was thought to be quite sufficient and even 14 cars, in many cases, was ound to be so. As have understoodait was a matter of entire understanding,undis uted for a considerable time, that this
Mr. yatt had made a fortune, a very comfortable fortune.
Mr. FESSENDEN. He so represented himself, at any rate, and his frien s represented him to be a man in very easy circumstances. He lived certainly as if he were during the time, and I really believe he has been sufficiently paid for his invention, which after all is a very simple thing in itself. It costs nothing of any consequence in its construction; it is a pure discovery rather than an invention; and out of it the profit of the invention is clear. I do not see any reason in this particular case for an extension, and it is very seldom that there is a case where an invention is profitable and valuable that it should be renewed beyond the time fixed by the law, which is ample and generous.
Mr. LANE, of Indiana. the has had one extension.
Mr. FESSENDEN. It was originally 14 years, and one extension would make it 21 years, and it is long enough to keep a thing of this sort, which has come into general use, from the public. The provision made by Congress in the original law was a very generous one in point oftime, and has resulte, in the case of beneficial inventions, always very profitably to the inventor.
Mr. POMEROY. The Senator has not stated that during 7 years not one man in the U.S. would take the patent.
Mr. FESSENDEN. That is very frequently the case, but the pat entees make it up afterward.
Mr. POMEROY. During the next 7 years no man would make any of these lights except what he manufactured himself.
Mr. FESSENDEN. How many years ago is it since Mr. Hyatt was before the Senate ‘I
Mr. POMEROY. During the John Brown tria.
Mr. FESSENDEN. At that time he was in the full tide of successful exeriment and was reputed to be a man who ha made a very considerable sum of money.
Mr. FESSENDEN. No, sir; the subject of these very lights; and he has made a great deal of money out of it, and I think he can afford to get along after having the patent for 21 years. I think the policy adopted by Congress at that time was a good one and just to the public, and as has been remarked by my friendfrom Missouri, we should look out a little for the public, and I am disposed to look out for the public on applications for the extension of a patent in this or any other case. The argument in such cases usually has been that the patient has been pirated emf the inv'entor’has beeh 'put to the expense of law suits, which have consumed the profits. I have not heard anything of that sort alleged in this particular case. It is unquestionab true that 6 years ago, if that was the time Mr. Hyatt was here, he was reputed to have made a good deal of money out of his patent. It had then come into general use and it was sought for. You can see it wherever you go in our cities. I therefore, under the circumstances, shall vote against this extension.
Mr. SUMNER. I think the Senfrom Maine is entirely mistaken when he says that
Mr. FESSENDEN. If he has not it is because he has misspent his money. He has had great recei ts.
Mr. SU) NER. The Senator says that if he has not he has misspent his money. On that I have no special knowledge, and I do not wish to introduce that element into the case. should prefer to argue the case on the facts which we have before us, and on which we can absolutely rely. Now, here is a statement from
Mr. H att himself. Mr EROWN. I will ask the Senator if any report has been made by the committee on this case.
Mr. SUMNER. I had not the honor ofbeing on the committee.
Mr. BROWN. Then there is nothing before us to show on what we are acting.
Mr. SUMNER. I have before me a statement of Mr. Hyatt himself, in which I place absolute confidence. He says: “I may add and I think justice to myself requires from mea statementof the fact that I am not today the fortunate possessor of $119,000n, or the quarter of it. I know, indeed. that It is no part of the argument for meto say that I have never even received the halfofit, but it is a part of the fact." There is the statement of this individual, whose word have never known to be impugned, a gentleman whom I know personally, or whose character and veracity, so far as I may be permitted to do, I vouch absolutely. I have complete confidence in anything that
Mr. FESSENDEN. The whole argument in this case seems to me to be very strange. Everybody knows the character of this patent; it is very simple. It is known that patents for the most simple things sometimes are of most value. The man who lights upon it 1st, by the exercise of his mind, his intellect, and hisingenuity is entitled to the benefit of it. But the argument which is usually adduced in these cases for an extension of time is that the in ventions are of a character that require a great deal of time and a great deal ofingenuity and repeated failures, ong expenditure of labor and of money, too, in order to bring them to a state of perfection in which they are valuable. Now, that argument does not exist in this case.
Mr. SUMNER. Will the Senator allow me to interrupt him there?
Mr. SUMNER. Here is the statement of Mr. Hyatt on that point. He says: th“eI inbveegnatniotnhisptuhbinlicg aatt etiwgohntetve nsynexa:rwsoofrkaegde;i nmdunsdo triously at it until I wns4thrco; andnowIstand within the shadowof my 50th year.” Beginning it at 18. Mr: BROWN. And receiving the benefit. of it all that time.
Mr. FESSENDEN. How he began it and how he worked upon it. does not a pear. The idea might have entered into his brain at that time an it might not. I do not dispute anything the Senator says about his entire 'con fidence in Mr. H att. I only say I have not that entire confience in the statement of a gerson interested when there is no other evidence in the case except the mere question of the value of the inVention which would induce nie to predicate action as a legislator upon that a one. It will be recolleeted, too, that the argument of its great use to the public works the other wa. If the patentee has had the benefit of it fiir 21 years, and it is of really such use to the public, the Government has finished its contract with him under the law. It has given him his 21 years. He certainly cannot pretend to have lost money. He admits that he has received about 50,000 dollars, at any rate. One would think that was tolerably good pay out of an invention more than I ever received, or expect to receive, for the exercise of my brain on all subjects; to be sure, not so valuable as
Mr. Hyatt’s glass in vention; but I should be amazingly well satisfied ifI had laid up $50,000 out of all the intellectual researches I have been able to make.
Mr. SUMNER. Or received?, Mr. FESSENDEN. Well, “or received." I do not know but that I have received that much. One would think that tolcrnbly good pay, for he has received it all within 5 or 6 years, according to the statement made here. If we renew this patent, we tax every man who has occasion to use this invention. 14 years is the time fixed by law and a man may get 7 years more, undert e law, if he can show that he lies not received ade iluate remuneration during the 14.
Mr. yatt has had his 7 years’ extension, and everybody admits that during the last 7 years he has been receiving ample remuneration; everybody knows it. How could you walk the streets of a city without seeing this in use everywhere, and that it is very val unble? Now, sir, there is something a little singular about this bill. I do not see that there is any evidence in the case whatever. We have no written report, in the 1st place. In old times, when I belonged to the ComPatents, it would be considered that the renewal of a patent for 7 years, especially one im or tant to the public, was a matter to be set lorth at length. The committee were to investigate them; they were on their responsibility to state the case, to state what the invention cost, what its nature was, what its character was with regard to expenditure, and what had been received; to examine and satisfy themselves upon evidence. But instead of having any report from the committee we have one or 2 gentlemen who tell us their conclusions, bottomed entirely on the printed statement of Mr. Hyatt himself. Because the Senfrom Massachusetts has confidence in Mr. Hyatt’s statement which he has written and printed, therefore we should seriousl affect the rights of the whole public in this valiiable invention, necessary now to the use of people in cities, simply upon the statement of the party himself, after he has had hi 21 years and after his last 7 have been so highly remunerative and productive as the must necessarily have been, and are admitte to have been!
Mr. COWAN. The honorable Senator will allow me to ask him what other statement he would have as to a man’s status in a case of this kind except his own production of his own account.
Mr. FESSENDEN. Does he produce testimony showing how much it cost him from those who are acquainted with him? He has not done everything with his own hand. He can tell us how much one of these lights cost him, and what his charge was; he can show his books; he can present something besides the printed paper he sends here to Congress to which he signs his name, and that not under oath. Does he expect on that alone to get a valuable patent, affecting the interests of so many people of the U.S. renewed, ‘giving him the exclusive privilege for another 7 years? I think it is unsafe and unwise to do it, and for that reason I am opposed to it throughout.
The PRESIDENTprotem ore. The morning hour having expired, it econies the duty of the Chair to call up the unfinished business of Saturday.
Mr. SUMNER. I think we can get a vote on this bill, and I hope my colleague will give wa.
Mr. WILSON. If the matteris to be further debated. I will not give way.
The PRESIDENT protempore. The unfinished business can be laid aside by unanimous consent or postponed by a vote.
Mr. WILSON. I will consent to allow a very few minutes further if we can take a vote.
Mr. BROWN. I object to limiting discussion upon the bill by any such agreement.
The PRESIDENTprotem ore. It can only then be done by a vote. oes the Senfrom Massachusetts move to postpone the special order?
The PRESIDENT protampon. The special order is before the Senate.
Mr. IVILSON. I would ive way, but I understand the matteris to be ebated. I understand the Senfrom Indiana proposes to debate it.
Mr. HENDRICKS. I was goin to say a word or two, but ifa vote can be he I will not occupy any time.
Mr. WILSON. Then I will waita few minutes.
The PRESIDENT protempore. The special order can be laid aside by'unanimous consent; but objection is made, and it requires, therefore, a vote.
Mr. SUMNER. I move that the regular order be laid aside informally to proceed with this bill.
Mr. CLARK. It cannot be laid aside informally when there is objection.
Mr. SUMNER. I move, then, that itbelaid aside. in order to proceed with the pending question.
Mr. BROWN. I am not disposed to press my disposition to debate this question if the Senate will come to a vote, and yet us have the vote by ens&nays upon it. I am willing it shouldbe taken.
Mr. SUMNER and Mr. POMEROY. Very well. Let us have the vote by yeas and nnys.
The PRESIDENT protempore. The motion is that the further consideration of the bill before the Senate be postponed for the present.
Mr. SUMNER. l suppose the motion cannot be put in that form. but I think it can be done by unanimous consent if a vote is to be taken on Mr. Hyatt’s bill.
The PRESIDENT ro tempo're. Is there any objection? No objection being made, the special order is laid over, and Senate bill No. 367 is now before the Senate.
Mr. HENDRICKS. I was going to say something upon this bill, but Senators desire a vote and I yield the floor. The bill was orderengross fora 3rd reading and was read the 3rd time.
Mr. BROWN. On the passage of the bill I ask for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yous 23, nays 13; 13. So the bill was passed. MILITARY PEACE ESTABLISHMENT.
The PRESIDENT ro tempura. The special order is now before thb Senate.
Mr. HOWE. The bill for the construction of a ship canal around the falls of Niagara has been lying here some time owing to the necessary absence of the Senfrom Maine, [Mr. Manama] Today he appears in the Senate; and if the Senfrom Massachusetts, who has the right to the floor, would assent to it, I should be lad to take up that bill.
Mr. WI SON. I think the Senator hardly ought to ask me to give this bill up. It comes up in its order, and I am anxious to act upon it. I think we can act upon it in a very short time. The Senator knows I would give way to him if I could.
Mr. HOWE. I shall not submit a motion. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.401) to increase and fix the military eace establishment of the U.S., which had been reported by the ComMilAffrs with various amendments. The 1st amendment reported b the ComMilAffrs and the I' ilitia was in line 4 of section one, to strike out “six” before “regiments of cavalry” and insert “ 12, ” so as to make the section read: That the military peaceestablishmentof the U.S shall hereafterconsistof 5 regimentsof artillery, 12 regimentsof cavalry. 45regimentsof infantry. the professorsand corps ofcadets of the U.S. ilitarv Academy and such I now call up the special other forcesas shall beprovidedfor by this not, tobe known asthe Army of the U.S.
Skip Skip The amendment was agreed to. The next amendment was to strike out all of the 3rd section after the enacting clause, in the followmg words: That the 6 regimentsof cayalry provided for by “115.110s!hall consist of the 6 regiments now in servicc, cachof which in addition to its presentor cgoamnipzaetnimsartsiohnall have oneveterinarysurgeon.whose shall be $10oper month. The gradeof company conimissarysergeantof cavalry is hereby abolished and cavalryregiments shall hereafterhave but one hospital steward and the athutants. quartermasters.an commissaries shall be extralieuten. ts sreegleimcteendtf.rom the 1st or 2nd lieutenantsof the And in lieu thereof, to insert: That to the 6 regiments ofcavalry now in service thereshall beaddedsix regiments.twoof which shall becomposedof colored men.havingthe same organization as is nowJJrpyided by law for cavalry regi ments With the a ditlon of one veterinary surgeon to eachregiment.whosecompensationshall be $100 permonth. but the grade of company commissar sergeantofcavalryis herobyabolished. The origina vacanciesin the gradeof 1st and 2ndlieutenant and 2/3rds of the original vacanciesin eachof the grades abovethatof 1st lieutennnt shall be filled by selection from among the officersand soldiersof volunteer cavalry and 1/3rd from officers of the regular Army. all of whom shall have served 2 years in the field during the war and have been distinguished for capacity and good conduct; 4 of the companies from each re imont may be armed and drilled as infantry at the iscretion of the President and each cavalry ro iment shall hereafter have but one hospital stewar, and the regimental adjutants. quartermasters and conimissariesshrill hereafter be extra licutenants selectedfromtbe 1stor2ndlien tenantsof the regiment.
Mr. WILSON. The Senfrom Ohio moves to amend the amendment of the committee by striking out “two” and inserting “4.” If the Senator will amend his motion so as to insert “ 3, ” so as to have 3 regiments of colored cavalry, I shall make no objection to it.
Mr. WADE. I am willing to modify it in that way, as it is probably all I can get. My own judgment would be in favor of having 4 regiments of colored cavalry, because I think it would be better for the public service; but of course I do not set myself u against the Military Committee. If they will give us one additional colored regiment of cavalry I shall be satisfied.
The PRESIDENT protempera. The amendment to the amendment is modified, and it is now moved to strike out “ two” and insert “ 3.”
Mr. SAULSBURY. I should like to have the eas&nays on that question. the ycas&nays were ordered; and being taken, resulted year; 20, nays 9;. So the amendment to The amendment was agreed to. The amendment, as amended, was adopted. The next amendment was in line 14 o“f section four, to strike out “ who ” and insert all of whom shall;” and in line 15 to strike out “who ” before “have.”
Skip Skip The amendment was agreed to. The next amendment was after; “ U.S., ” in line 3 of section 7, to insert ose for the battalion of engineers;” so as to rea: That there shall be a band, as now provided by law, for each regiment in the service 0 tho U.S., onefor the battalion of engineers, Jte.
Mr. GRIMES. I' should like to inquire of the chairman of the ComMilAffrs if this battalion of engineers is not always stationed at the Military Academy in time of peace, "aud if so, where is the necessity for having a band for them when there is a band for the Military Academy?
Mr. WILSON. I will say to the Senator that they are not always stationed at the Academy. This battalion new numbers about 750 men, and the commander of it has been on savoring for some time to get a band of music for them.
Mr. WILSON. At different places. A few of them are at the Academy. y the law as it now stands each refliment can have. band. They have got a band at WestPoint now, and we prepose to give a band to this battalion. They have desired it for some time. They have been asking for it. They have got about 750 men. However, I am not particular about it.
Mr. GRIMES. I am not going to oppose the amendment, but I simply desire the Senate to understand that the headquarters of the Engineer corps and the battalion of engineers is at WestPoint. The band is always kept at the headquarters of the regiment. Now, if we adopt this amendment the effect of it will be that there will be 2 bands at WestPoint one connected with the Military Academy, the other with this battalion of engineers.
Mr. WILSON. If the Senator desires to strike it out I have no objection. I will simply say that this amendment was inserted in the bill in compliance with suggestions from the War office. The commander of this bet talion has been endeavoring for some months to obtain a band for them. I do not consider it of importance, and am erfectly willing that it shall not be adopted. ertaiuly, if the effect of it would be to have 2 bands at WestPoint, I should be 0 posed to it.
Mr. WILSON. We can simply non-concur in the amendment of the committee. The amendment was rejected. The next amendment was in section 7, line 4, before the word “ for" to insert “ one;” so that the clause will read: That thereshall beaband.asnowprovidedby law, for eachregimentin thosorvioe of the U.S., one for the U.S.Military Academy, 5:0.
Skip Skip The amendment was agreed to. The next amendment was in section 18 on page 10, line 4, to strikeput the wor “deputy” after “two” and to insert ‘insmst ant, " and in line 6 to strike out “asst” after “two” and to insert “deputy;” so that the section will read: That the pay deptof the Army shall here after consistof one payMGen.with therank. pay and emolumentsofa brigndicrgeneral; 2 as sistant paymusterskeneral.With the rank. pay and emolumentsof colonclsofcuviilry: 2 deputy pay muters irencrnl with the rank. pay and emoluments of lieutenant colonclsofcavnlry: and 40 paymasters, with the rank. pay and emolumentso menu of cavalry.
Skip Skip The amendment was agreed to. The next amendment was in section 21, line 16, before the word “section” to strike out “ 11 th” and insert “ 14th;” so that the clausewdl read: And 2/3rds of the military store keepersand ordnance store keepersto be appointed under this and the 14 thsectionof this act shall beeeleoted from volunteerofficersorsoldierswhohaveperformed meritorious servicein the Army of the U.S. during the late rebellion.
The PRESIDENT protempore. That completes the amendments of the committee.
Mr. HOWARD. I believe we have gone through with all the amendments offered by the committee. I qffer the following amendment tg cgrfie as section 33 at the end of the i: Abife: That officersof the regular Army entitled to be retired on accountof disability occasionedb woundsreceivedin battle. may be re tired upon t 0rank of the commandheld by them in the regular or yolunteer service at the time such woundswere received.
Mr. WILSON. That proposition, I take it, means simply this: alarge number ofoliicers of the regular Army were made officers of volunteers. Some of those officers, perhaps 4 or 5 of them, were desperately woun ed. The proosition is that they shall be retired on the rankthey held when they received their wounds, and I think it is right that it should be so. Where does the Senator propose to insert the amendment?
Mr. HOWARD. At the close of the bill, as an additional section.
Mr. HOWARD. Very well; let it come in as so on32.
Mr. WILSON. My suggestion is that it come in after the 31st section as a new section.
Mr. HOWARD. Very well; I will move to insert it as section 32, and then section 32, as itstands in the bill, can be changed to section 33.
Mr. WILSON. I move to amend the 17th section by addin to it the following words, which were omitte by accident: And the SecyWar is hereby authorized to appoint from enlistedmen of the Army or cause to he enlisted.as many hospitalstewardsas the service may require. to be permanently attached to the medical dept.under such regulations as the SecyWar may prescribe.
Mr. HENDERSON. I desire to inquire of the Senator having charge of the bill if he cannot limit the number of these officers in any way. If the number can be limited properly I think it should be. The language is very broad as it stands.
Mr. WILSON. We cannot tell the number exactly. The number necessar will differ at different times. I take it that the dept willdnot employ more than they absolutely nee.
Mr. NESMITH. I will state, with the permission of the Senfrom Massachusetts, that it is difficult to tell the number of hospital stewards that will actually be required. er hnos where a re iment is servin together one, hospital steward might be encient; but in time of peace our Army is very much scattered; usually there are not more than one or 2 companies at a est; and under circumstances of that kin it will be necesser to have a hospital steward at each post. hen the regiments are congre ated or consolidated, it is not necessary to have so many. The necessities of the service for such officers are constantly varying. I hope the amendment will be allowed to stand as it is. The number of these officers cannot be very well fixed.
Mr. NESHITH. I offer the following as a new section: Abife: That all officerswho have served during the rebellion as volunteersin the ar mies of the U.S and who have been or hereafter may be.lionornblymusteredout of the vol uutecrservicc, shallbeentitled to havetheolficialtitle . And upon occasionsof ccremonytowearthe uniforms of the hiehcstgradetheyhaveheld by brevct or other commissionin the military service. In the caseof officersof the regularArmy the volunteer rankshall beenteredupontheofficialArmy Register: Provided. That theseprivileges shall not entitle any officerto command.pay, or emoluments. I will state that this amendment is a precise cop of an amendment which passed the Senate in the original Senate bill now pending before the HoRep. It is merely complimentary to volunteer olIicers, permit ting them to have the designation, an on oc casions of ceremony and public occasions to wear the uniform of the highest rank they held in the volunteers, and the volunteer rank in the case of officers of the regular Army is to be transferred to the official Army Register. It is a matter that will cost nothing; it increases no pay or emoluments and entitles them to no command. It is a mere compliment.
Mr. GRIMES. I will ask the Senator tolet that lie on the table until it can be examined. I have no objection to it as among officers of the Army, but it provides for occasions ofcere mony. The diculty is that officers of the Army and Navy are frequently broughtto gcther on occasions of ceremony, an there being no brevets in the Navy, a young man who has been brevetted as a major general or as a br'igadier general, although having been in the service not more than 2 or 3 years, will rank on those occasions of ceremony an officer of the Navy who has served the country faithfully for 50 years. I should like to have an opportunity to amend the amendment. Let it he on the table until I can draft an amendment, so that they may have this rank as among Army officers.
Mr. NESM ITH. I have no objection to that.
Mr. WADE. While that aniendmentis being perfected I have one which I wish to offer.
The PRESIDENT protempers. Does the Senfrom Oregon withdraw his amendment for the present?
Mr. WADE. I move to amend the bill on page 12, in section 24, liue four, after toword “board, ” concerning the examination of officers, by inserting “to be composed of officers of that arm of the service in which the applicant is to serve.” Some of those to be examined, that have served in the cavalry for 4 or 5 years, are perfectly well acquainted with that service, well skilled in it, an were distinguished in that branch of the service, but their apprehension is that if they are put under the examination of the more infantry officers they might fail. It seems to me but right and reasonable thatthe board should be composed of that arm of the service in which the applicant proposes to serve. I have received)a great many letters on the subject from men who have served during the last war with distinction, but who are apprehensive that if they make their opplication, and arecompelled to go before a board of officers of another and entirely different arm of the service, the examination will not be as fair a one as it would if they were examined by a board composed of officers of that arm of the service in which tlJBJ'ffOpOSG to serve. I think it is reasonable, an hope the committee will think so, too.
Mr. HOWARD. I hope that amendment will be adopted. I have receiveda number of communications on the same subject myself. There is quite a wide spread complaint on that account. I think it is nothing but fair that the applicant should be allowed to be examined as to those branches which he is required to understand before entering into the particular branch of the service which he seeks. I see nothing unreasonable in it.
Mr. WILSON. I think there can be no objection to that amendment. he amendment was agreed to.
Mr. SAULSBURY. I have an amendment to offer, But after the action which has been taken by the SenateI shall content myself with offering it. I move to amend section four, in the 8th and 9th lines, by striking out the words “ of colored men, to be designated U.S. colorpd troops.” I shall not callfor the yeas&nays, because it is useless. I want a vote on it, however.
Mr. WILSON. Will the Senator allow me to make an amendment before he moves that?
Mr. SAULSBURY. I will not say a word on the subject of the amendment I propose. I only ask for avote upon it.
Mr. WILSON. Very well. The amendment was rejected.
Mr. WILSON. Since the committee reported this bill I have leccived a letter from General Brice, PayMGen of the Army, which I desire to have read, after which I shall submit a motion.
The PRESIDENT protempore. The letter will be read if there be no obJection.
Mr. WILSON. Before the bill was reported, it was pressed upon us very strongly to make a larger number of paymasters than we were disposed to do. In fact we were disposed to cut down ever dept to the lowest possible number 0 oliicers that they could get along with. Since this bill was reported, as I have said, I have received this letter from General Brice. The Senate has heard it read, and they know General Brice, his industry and his character, and how his dept is managed. He wants 60 paymasters instead of 40. He now has 25. This bill increases the number to 40, but he asks for 60. I told him I did not believe we aeuld increase it so largely as that.
Mr. GRIMES. This bill makes the number fort 5. It
Mr. WILSON. That includes the deputies. I think if we put it at 50, they can get along, and I am disposed to strike out “ 40 ” and insert “ 50.” I believe we can get along with that number. At any rate, at the next session of Congress, which is but a few months off, we can increase the number if necessary. I therefore move in section 18, line 7, to strike out “ 40 ” and insert “ 50.”
Mr. SHERMAN. I do not see why the letter of the PayMGen on a point of this kind should not be conclusive. He says he cannot get along with less than 60 paymasters with our troops spread over the continent from Maine to the Pacific. It seems to me his reasons are reasonable, and I should be disposed to comply with his request. This is a military matter, and I generally follow the committee on such questions; but the Payinaster General, with a full knowledge of the service, and with this bill before him, tells us that to discharge this particular duty, he wants 60 aymasters, and I am rather disposed to give him the number he asks for. He certainly ought to know what number will be required. He has no motive in the world for increasing his corps. Certainly, the mere difference of controlling a force of 40 or 60 paymasters would not induce a good man, ashe undoubtedly is in that position, to ask for an unreasonable number. If it is in order, I will move to amend the amendment by inserting “ 60.”
Mr. WILSON. I certainly have no objection to complying with General Brice’s request. I think he has managed his office, since he has entered upon it, with great ability and great vigor, ener, and system, and I have great confidence in anything that he says. My only anxiety is that I do not want to load down this bill so much that we shall have difficulty in get ting it through. If, however, the Senate believe that we ought to have 60 aymasters, I certainly shall not object to it. fthought he might get along with 50 at present, and at the next session ifhe foun himself burdened, we could add ten more.
Mr. GRIMES. I suggest to the Senator that he may relieve him in that respect by striking out these asst and deuty paymasters, who are to enjoy the rank of co onels and lieutenant colonels, a rank that has never been held in our service, and is not held in the British service by any paymaster, and giving that additional number of paymasters with the rank named here, which Wlll save the expense.
Mr. HOWE. I wish to inquire of the chair man of the committee if there is any difficulty in retaining a sufficient number of the volunteer paymasters until the next session of Comgress to do the work up tithat time, and then we can fix the number which will be required by the regular Army.
Mr. FESSENDEN. These paymasters are to be selected from the volunteer paymasters. I will ask the chairman if there is not such a provision in the bill. If there is not, there certainly ought to be.
Mr. WILSON. I will say to the Senfrom Iowa that we have now 2 deputy paymasters general with the rank of lieutenant colonel, and this bill gives 2 assts in addition.
Mr. FESSENDEN. What is the title of those aymasters?
Mr. FESSENDEN. I mean paymasters of volunteers. What was their title?
Mr. WILSON. They were majors in rank. they were asst aymasters. L
Mr. FESSENDE. The aymasters provided for in this bill ought to be selected from those who have served as additional paymas ters.
The PRESIDENT protempore. The question is on the motion of the Senfrom as sachusetts.
Mr. WILSON. Will this phraselogy satisfy what the Senfrom Maine desires: “and 50 paymasters, with the rank, pay, and emol uments of majors of cavalry, to be selected from those who have served as additional paymasters?”
Mr. ANTHONY. I wish the Senfrom Massachusetts would modify his amendment still further. I suppose there will be a dozen applications for every vacancy, and they ought not to be appointed by political favor, but by merit.
Mr. FESSENDEN. And therefore they ought to be confined to those who have served.
Mr. ANTHONY. Certainly; but among those who have served the selection should‘ be on account of merit.‘
Mr. WILSON. I will so, “to be selected from those who have serve as additional paymasters."
Mr. ANTHONY. But every man who has served as an additional paymaster would not be fitted for this position. There ought to be a proper age required, and the person best qualified and having the best record ought to have the place.
Mr. WILSON. I ask to have my amendment read as it now stands.
The Secretary read the amendment, which was in section 18, line 7, to strike out “ 40 ” and insert “ 50, ” and at the end of the section to insert “to be selected from persons who have served as additional paymasters;” so that the clause will read: And 50 paymasters.with the rank, pay, and emolumentsof IDDJOI'Sofcavalry. tobe selectedfrom personswho haveservedasadditional paymasters.
Mr. SHERMAN. I moved to amend the amendment by making the number “ 60, ” and I understood that that was accepted.
The PRESIDENT protempore. Does the Senfrom Massachusetts so vary his amendment?
The PRESIDENT protempore. The question, then, is on the amendment as amende; so as to make the clause read: And 60 paymasters with the rank. pay, and emolumentsofmaJors ofcavalry, to beselectedfrom personswho haveservedas additional paymasters.
Mr. SHERMAN. I suggest to the Senator whether he ought not to add the words “for 2 years.”
Mr. FESSENDEN. I hope we shall not do that. Some who may have only served a year may have shown their ability in such a way as to prove that they are the best fitted for the position.
Mr. SHERMAN. Imention 2 years because that was the rule adopted in the Navy. I think that probably a year’s service would scarcely give them sufficient experience, but 2 years’ service, when the war lasted four, would in all probability give them the amount of experience required.
Mr. FESSENDEN. I know that when this matter has been discussed with reference to the selection of additional payinasters the probability was that there would be one from the State of Maine, and public 0 inion settled upon 2 men, who were believed to be altogether the best men on the whole list, and I doubt whether one of these men, a man of peculiar ability, and who has distingnished imself, would be able to come in i we were to fix the limitation at 2 years. The PayMGen is the best judge.
Mr. ANTHONY. It was found necessary to pass an amendatory act in regard to the Navy. The SecyNavy said that the limitation of 2 years cut off some of the best officers. I think there ought to be a lim itation as to age. I think a man of 50 or 60 years of age ought not to b. but in to go on the retired list shortly afterward).
Mr. GRIMES. I will state, for the information of the Senate, another fact found in connection with the paymasters in the Navy. A very large proportion of these same paymasters who had acted as such, and who were supposed to be very efficient, when they were sent before a board and examined failed to pass the examination. They lacked the capacity and qualifications necessary. Does the Senfrom Massachusetts propose to send these paymasters before any board of exam incrs?
Mr. WILSON. The bill provides that the persons appointed to these offices shall be examined by a board.
The PRESIDENT protem are. The question is on the amendment of teSenfrom Massachusetts as modified.
Mr. NESMITH. I now offer the amendment which I offered a short time since, to add as an additional section the following: Abife:, That all the officerswho haarmveiesseorfvethdeduUrninitgedthSetraetbeesl.liiionndawshvoolhuanvteeebrseiennt, hoer hereaftermay be, honorably musteredout of the vol unteer service, shall be entitled to bear the official titles upon occasionsof ceremony, and wear the uniform of the highestgrade they have held by brevet or other commissionin the volunteerservice. In the case of officersof the regular Arm, the volunteer rank shall be entered upon the o Provided, icial Ariny roll: That thescprivileges shall not entitle an officer to command, pay, or emoluments.
Mr. KIRKWOOD. I call the attention of the chairman of the committee to the 5th section, which providesThat the appointments to be made from among volunteer officersand soldiersunder the provisions of ritothriiessa, ct shall bedistributedamongthe States, Terand DistCol in proportionto the number of troops furnished by them respectively to the serviceof the U.S.during the late war. It proposes to distribute the appointments to be made among the States in the proportion to the number of troops furnished y the States respectively during the war. It seems to me that may work great injustice. Some of the States put into the service a large number of troops who were 9 months’ men.
Mr. WILSON. They are all to be measured by the 3 years’ standard.
Mr. KIRKWOOD. That is what I wish to have the section do. In Iowa we put in no regiments forless than 3 years, except those under the 75,000 call and some 100 day men during 1864, but the others were all 3 years’ men. I move to add to this section those words, “ reduced to an aver age of 3 years’ term of service."
Mr. WILSON. I have no objection to the amendment, but I think it unnecessary.
Mr. KIRKWOOD. Let this amendment be made and then offer your amendment.
Mr. CONNESS. It is not our fault that we havenotfurnished ourf'ull proportion of troops.
Mr. WILSON. I undgrstand that, an I appreciate the Senator’s argument; but does the Senator suggest an amendment?
Mr. CONNESS. No, sir. I will consult with you about it.
Mr. KIRKWOOD. Let this other amendment be made.
The PRESIDENT protempore. The nestion is on the amendment of the Senfrom Iowa.
Mr. WILLIAMS. I move to amend the bill by inserting in the 19th line of section four, on page 4, after the word “by, ” the words “accident or;” so that it will read, “disabled by accident or wounds received or disease contracted in the line of dut during the war."
Mr. FESSENDEN. IWhat does that refer to, the Veteran Reserves?
Mr. WILLIAMS. I move to make the same amendment in section 8, line 9, on page 6, by inserting the words “accident or” after the word “b.” The amendment was agreed to.
Mr. HARRIS. I offer the following as a new section to come in after the 4th section: Abife: That in the selection of oafcltic,ers to be a pointed under the provisions of this officers o the regular Army who have commandedvolunteer troopsmay be counted as officers of Volunteersor as officersof the regular Army. I will state that this is the amendment which was offered by the Senfrom Maine [Mr. FESSENDEN] when a similar bill was before the Senate a few months ago and adopted by the Senate;
Mr. HARRIS. I desiretocall the attention of the chairman of the committee to the provision in relation to the Veteran Reserves. It looks to me as then h that provision needed some amendment. Iwill state the objection that occurs to my mind. I do not proposeany amendment, but I merely want to cal the at tention of the military Committee to the subject. If I understan it, the effect of the provision will esimply to select a number of officer 53.5o cers of the Veteran Reserve corps who may immediately and probably will very 499 be placed upon the retired list. The Q, cepsappointed, particularly the field officers, Veteran Reserve corps, will be entitled to the same eiromotion into other regiments as any other 0 ccrs. A gentleman is appointed.5. colonel, a lieutenant colonel, or a major of a regiment of the Veteran Reserve corps, and in a little while he is entitled to promotion, and he is promoted into one of the other regiments, and then he comes within the provisions of the law on the subject of retiring officers; and the effect of this bill is going to be, ifI can understand its operation to put a number of wounded officers now out o the service upon the retired list to receive their pay as officers of the Army. May not all the officers:1. pointed in these 3 regiments be retired, placed upon the retired list, within a year after they are appointed? What is to grevent their bein retired the 1st timeaboar is appointed for e purpose of examinin officers? I think that will be the imme diatec ect of it. The officers to be appointed are those “who have been disabled by wounds received or disease contracted in the line of duty during the war.” Any officer who is not capable o marching, who is not capable of performing active dut, is to be retired by the wasitnow stands. very one of these officers rnay be retired under the provisions of the existing law at once after the are a pointed. 1
Mr. WILSON. It will e in 51c power of the Government to retire them. I take it that is so. There is a provision here simpl for 3 regiments ofVeteran Reserves. think that is more than will ever be raised. I have not the slightest idea that you can raise 3 regiments of Veteran Reserves during the next 3 years.
Mr. GRIMES. You can raise a regiment of veteran officers.
Mr. WILSON. I know, but we provide here for 3 regiments, and they are to be officered by persons who have been wounded in the line of duty or who have incurred disease in the line of duty.
Mr. HARRIS. Let me state that the law is that an officer who is found by a board to be incapacitated for active services shall be retired; and now you are about putting 3 regiments under officers who are incapacitated from active service.
Mr. WILSON. My judgment about this whole matter of the Veteran Reserve corps is that there is nothing in the claim which is set up on their behalf, and I think anyone who reflects on it will come to that conclusion. As a reward for officers, it amounts to very little. We have enough wounded officers, men of intelligence and character to officer 100 regiments at least. But there has been agreat deal said about having a few of these Veteran Reserve regiments, and we have put it at 3 regiments. I am willing that the Senfrom NewYork may propose such a “limitation as he deems proper; but the object is to have 3 of these regiments who shall do accrtain kind of duty at posts.
Mr. GRIMES. I will inquire whether the men who are to be enlisted into these regiments are also expected to be disabled.
Mr. GRIMES. Is that the idea the Military Committee recommend us to adopt?
Mr. WILSON. They are generally soldiers who have received some wound in the war.
Mr. GRIMES. Is there any provision to that effect in the bill?
Mr. GRIMES. If there be not then I under take to say they must be able bodied men, under the general laws which require the in spection and examination of every recruit who presents himself to be recruited into the service, and we shall be placed in the anomalous position of having an army of lions led by a goat for a leader; that is, we are to have 3 regiments of stout, able bodied men, ready and willing to perform efficient service, to be led by men who are “disabled;” in other words, unable to do duty, for that I understand to be the meaning of the word “disabled.”
Mr. CONNESS. There is no proposition, I believe, on this subject before the Senate, and in the mean time I offer this proviso, to fiolilne in at the end of the 5th section of the i:. Provided, That the regulation provided in this section governing the proportion of officers to be selected from each State shall not be applied to the States of California, Oregon, and Nevada.
Mr. RAMSEY. I desire simply to offer an amendment which will come in as apart of the amendment of the Senfrom Oregon. I propose to insert it after the word “service” in the amendment proposed by thntSenator
Mr. SAULSB R. Can I not have avote on my motion?
Mr. LANE, of Indiana. The motion, as I understand it, of the Senfrom Deleware is to strike out the 12th section of the bill. That is the motion ending. When avote shall be taken on that, t on the amendment of the Senfrom Minnesota will be in order.
The PRESIDENT protempore. The Senfrom Minnesota proposes an amendment, but it has not yet been read, and the Chair cannot determine on its applicability until it has been read.
Mr. LANE, of Indiana. It is an amendment to another amendment, not the amendment ending now of the Senfrom Delaware, as I understand it.
The PRESIDENT protempore. It will be read to settle its character.
The Secretary read the proposed amendment of mr. RAMSEY, which was to amend the amendment adopted on motion of Mr. NEsmith as the 33rd section of the bill, by inserting after the word “service” the followmg words: And privates who have served 3 fears and been honorably discharged shall, upon the occasion. be entitled to the onorary rank of 1st lieutenant and wear the uniform of that grade, and at the expiration of 5 years from the th of April, 1865, shall be entitled to the honorary rank of cap tain.
The PRESIDENT protempore. The reposed amendment is not now in order. The question is on the amendment proposed by the Senfrom Delaware.
Mr. LANE, of Indiana. The vote'was taken on the motion of the Senfrom Oregon and that was passed. This is an amendment to that intervening between the amendment of the Senfrom Delaware and a vote that had already been passed, as I understand it.
The PRESIDENT protempore. The Senfrom Delaware moves to strike out the 12th section of the bill. That is the motion before the Senate. The proposed amendment of the Senfrom Minnesota is not an amendment to that amendment, and therefore is not in order.
Mr. LANE, of Indiana. I will only say a few words in reference to the 12th section. The 12th section proposes to continue in operation the Bureau of Military Justicc. The Senfrom Delaware moves to strike out that section, which will have the effect to abolish at this time the Bureau of Military Jus tice, and he denounces in terms of great ability and considerable bitterness the organization of military commissions for the trial of certain offenses. 4.
Mr. SAULSBURY. I referred to no particular individual.
Mr. HENDRICKS. I wish to ask my colleague whether that refers to claims for property, and, if so, how that bureau got jurisdiction of any such cases?
Mr. HENDRICKS. While I concur mainly in the argument made by the Senfrom Delaware, I cannot support the proposition that he makes in its full extent. I am not prepared to 'vote to abolish the court of Military justice. If that court be properly constituted, and discharges its duties legitimately within its jurisdiction as the court was organized under the act of 2 or 3 years ago, it will be a blessing; and I will not vote to abolish the court because of some wrong de'cision that it may have made. Iknow within 2 weeks of a case in which that court rendered service to the country and great justice to a gallant officer. A friend of mine came to me with his discharge from the public service as an officer from the regular Army. He was charged by some envious ier sons with having become intoxicated when on duty. There was a trial had, which was not very reputable to the officers of the Military court that conducted it. He came to see me because he was an acquaintance and friend of mine. I went with him to see the Judge Advocate General. The case was called up before the Judge Advocate General and reviewed, and at once he decided that the testimony was not sufficient, and restored the young man to his position in the Army.
Mr. SAULSB RY. The President could have done that.
The PRESIDENT protemporc. The Senfrom Indiana moves to strike out the words “and military commissions, ” in the section preposed to be stricken out by the Senfrom Delaware. The amendment of the Senfrom Indiana is 1st in order.
Mr. LANE, of Indiana. Has my colleague reflected upon the fact that by striking out these words, “and military commissions, he might prevent the sentence of a spy altogether? he tried Major Andre? MLHENDRICKS. Acourt martial, I think.
Mr. LANE, of Indiana. A court martial perhaps, nominally, but it was a military commission. Courts martial have co nizance of offenses committed by officers an soldiers in our own service. Courts of inquiry had Military jurisdiction to try charges when the party himselfasks an investigation, or where his supe rior officer demands an investigation. These are the offices of courts martial and courts of intiljllfy as I understand.
Mr. HENDRICKS. I will ask my colleague if, under the Articles of War, a spy cannot be tried by a court martial and sentenced to death?
Mr. WILSON. I hope we shall now have a vote on this amendment that is proposed. I suppose it is understood. Everybody understands that this Bureau of Military Justice does not getup prosecutions; that it simply receives, revises, and records the proceedings of courts of inquiry, courts martial, and military commissions. They have had a vast deal of work to do during the war. At one time they had 8,000 cases that they could not reach. We are told today by the Senfrom Indiana that they have 5,000 cases not yet touched. They make the examination and report to the SecyWar the facts of the case, and make up the record. It oes to the SecyWar and to the President, who has the final decision to make.
Mr. HENDRICKS. I wish to ask the senator one question: why the necessity of introducing this expression “military commissions, " when a military commission is nota military court known to existin laws?
Mr. HENDRICKS. In reply to the Senator I will say that I would not object, of course, to the review of cases that have already taken place. If the court have no jurisdiction, I want the Judge Advocate General to say so, and set aside their findinvs; but I do not want to recognize by generaI legislation a military court not known to our system. But with the expla nation of the Senator that his purpoae is to dispose of the cases that have been already tried, and with that understanding, I shall not insist on my amendment. I think it is desirable that the cases that have been already tried should be disposed of. I think it is very important there should be an appellate military court. With the understanding that it is to dispose of the cases already there, I withdraw the amendment.
The PRESIDENT 10 tom ore. The Senfrom Indiana withdraws is amendment, and the question is on the amendment of the Senfrom Delaware to strike out the 12th section of the bill. The amendment was rejected.
Mr. HARRIS. I offer the following amendment, to come in as a new section, to precede the last section: Abife: That the 3rd section of the act entitled "An act making appropriations for the support of the Army for the year ending June 30, 1866, "shall continue in force until otherwiseprovided by law.
Mr. HARRIS. In the appropriation bill of last year a section was incorporated providing that during the continuance of the present rebellion, the commutation price ofo cers’ subsistence shall be 50 cents perration. That provision is to terminate wrth the rebellion, whenever that may be. Whether that has occurred yet or not, perhaps is a matter of a good deal of doubt. My object in offering this amendment is to continue the price of rations until otherwise provided by law, as it now is, at 50 cents instead of 30 cents.
Mr. WILSON. That would increase the pay of the Army that much. If the Senate is prepared to do that, I do not know that it is unjust in itself. By the old law, the ration was valued at 30 cents. During the war it was provided that while the rebellion continued, it should be valued at 50 cents; and the senator now ro oses to continue it at 50 cents.
Mr. H R IS. For the present, until otherwise provided by law.
Mr. TRUMBULL. I should like to inquire what is aid now, 50 or 30 cents.
Mr. I ILSON. 50 cents, except to persons who have fuel and quartersu They are excepted.‘
Mr. HARRIS. This amendment does not apply to those who have fuel and quarters. It on y applies to officers in the field. Where I oohcsssmousi. owns. awe, the Government furnishes rations now in ‘kind they cannot furnish them at 50 cents.
Mr. TRUMBULL. I should very much prefer that the Senfrom Massachusetts would bring before us the House bill that fixes the pay of Army officers, so that we could understand it. I have never been able to know how much was paid to an oificer in the Army under this Government. There are half a dozen provisions in the bill under consideration that particular officers are to have the pay of coloncls of cavalry. I suppose that that means they are to get.more pay than an ordinary colonel, under some pretense or other or some sort of device. I do not know how much a colonel of cavalry gets more than any other colonel, but I have no doubt he gets more or else such a provision would not be inserted in this bill.
Mr. WILSON. Staff officers, who have to use horses are allowed more.
Mr. TRUMBULL. I wish it was put in in telli ible language, so that the common people of e country and those who make the laws could tell what the pay of an Army officer was. There are so many regulations changingit that I confess I do not know what the pay is. We ascertained in the Senate, accidenta ly, in the 4 discussion of a bill a few days a o it was broughtto our notice, I believe, byt c Senfrom Viscousin, [Mr. DOOLITTLE 2 that the pay of the Navy had been increase some 20 or 50%., I do not remember which, and nobody knew anything about it. The Senfrom Ohio, Mr. Susnuasfl who watches the financial condition of the country and the Treasury very closely knew nothing of it, and was astonished when he found that the pay of the Navy had been increased in that way; and so it oes. If the Senfrom Massachusetts would put upon this bill the House bill fixing certain pay for Army officers, I would agree to almost anything if I could understand what it was.
Mr. WILSON. One word in regard to the House bill. We shall report on that bill in a day or two. I think we shall hardly want to sit here during the summer to consider it. For my part, I record it as the crudest of crude things, as woring the grossestinjustice and in equality; and I take it that the more you study it the more you will come to that conclusion. It increases enormouslythe pay of certain officers and cuts down others. I believe the present system of pay to be the wisest the Wit of man ever devise, and it is as simple as any proposition can possibly be and easily under stood. There is no trouble about it at all. It is made to adjust itself to our great country and its varying system. That is my belief about it. However, that has nothing to do with the amendment now before us, which is a very simple proposition. A ration before the war was valued at 30 cents. it is now valued at 50 cents. The Senfrom NewYork proposes that it shall continue to be 50 cents instead of 30 cents. A lieutenant colonel receives 4 rations. A colonel, I think, receives 6. IThe value of them is easily calculated. There is no trouble in that respect.
Mr. TRUMBULL. this all very simple to the Senfrom Massachusetts. It is easily understood, he says. I confess I do not understand it, and for my information, in a matter that is so easily understood by him, I should be much obliged to him if he will have the kindness to answer me one question. In the 11th section of this bill there is a provision that there shall be 4 inspectors general of the Army, with the rank, pay, and emoluments of colonels of cavalry, and 3 asst in spectors general, with the rank, ay, and emol uments of lieutenant colonels o cavalry. Will the Senfrom Massachusetts be kind enough to tell me how much er aunum an inspector general, withthe rank and pay and emoluments of a lieutenant colonel, will receive? 1 shall he very much obliged to him if he does, and I will try to remember that so as to know what the pay of an inspector general of cav alry, with the rank of a lieutenant colonel, perInnnm is. If the Senfrom Massachusetts, to whom this matter is so simple, and who knows it as well as his A B C, will be kind enough to tell me what that pay is peranuum I shall be glad to hear it.
Mr. NESMITH. As the Senfrom Massachusetts seems to be engaged I will answer the Senfrom Illinois. The pay and allowances of a colonel of cavalry amount to $211 a month, and of a lieutenant colonel to $187 a month. A colonel of infantry receives $194, and a lieutenant colonel $170. That is the pay and allowances permonth.
Mr. GRIMES. Suppose he has been in the service 25 years?
Mr. NESMITH. Then he would get an additional ration.
Mr. WILSON. In that case he would have $540 added to his pa.
Mr. GRIMES. lIow much would be his commutation for quarters? That is not mentioned in that list.
Mr. NESMITH. Thisis on the supposition that the Government furnishes him his quarters.
Mr. GRIMES. Suppose the Government does not.
Mr. NESMITH. If the Government send him to a place where it is difficult to obtain quarters, of course then they pay the commutation value. We cannot pass a flawregulating what shall be the cost of quarters and fuel, which varies with every post in the country. The law is founded in wisdom, and is in itself just, that where an officer is stationed ata ost where fuel and quarters are high he shal be paid in preportion to their cost. This pay that have stated is based upon the presumption that the Government furnishes the quarters and fuel. This embraces his pay permonth, the number of rations, with the monthly commutation value, the number of servants allowed permonth and the commutation value, and everything of that sort.
Mr. TRUMBULL. As the Senfrom Oregon has volunteered to instruct us on this subject, and I am not apt enough scholar yet to understand it, he will excuse me for pressing the inquiry a little further, as he is posted in these matters. In answer to a question of mine as to how much an inspector general with the rank and pay of a lieutenant colonel of cavalry received perannum, he has read, I suppose, from the Army Register the monthly pay. I should like to know of the Senator whether his pay for commutation of rations does not depend upon the character of. the service he is in, an whether he has any allowances for quarters, and whether the number of his servants or the number of horses for which he has allowances does not depend upon the character of the service or where he is. Will the Senator be kind enough to tell me?
Mr. NESMITH. The pay for his rations and commutation of rations and for servants is not varied by the service which he is rendering.
Mr. TRUMBULL. It is the same always, is it?
Mr. NESMITH. Yes, sir; but‘the commutation for fuel and uurters varies at the different posts at which e may be stationed. For instance, it has been higher during the war at Washington than at any other point; but the other commutation allowances are not varied, as I understand.
Mr. TRUMBULL. Then I understand that my instructor does not know himself what it is, ljlust as I stated to begin with. I hope now, he having volunteered to inform us what the pay perannum was, and havin failed, and having admitted in the presence of the Senate that the pay depends upon circumstances that he does not know anything about, that be will allow the instructor in chie, who says itisperfectly plain, to tell us what it is perannum.
Mr. NESMITH. I never undertook to instruct so dull a scholar before. [Laughtln] I did say precisely what the pay and commutation al owances were permonth; and I supposed that the distinguished Senfrom Ilhuom, With all his capacity, was able to multiply that amount by 12, add ascertain precisely what it would be perannum. Of course, if an officer is engaged on service traveling he is allowed commutation for traveling expenses, 6 centsa mile. As I remarked when up before, the commutation varies according to the duty he is ordered upon, notthe pay proper or the commutation alowances for servants and rations, but the pay for traveling expenses. The pay for travelin expenses at one time was different on this si e and on the Pacific side. It was ten cents a mile some time ago; and we have cut it. down to 6 cents. If an officer is ordered to travel, he gets his pay proper permonth, his commutation for rations, and servants, and then gets his 6 cents permile, but he gets no commutation for fuel and uarters. As the Senator is so very fastidious a out the mode of my answer, and complains about my being a bad instructor, I can only retaliate b saying that he is a dull student. If he will state any particular circumstances under which an officer is placed, in which he would like to know exactly what his pay is, I will cipher it out to his satisfaction. It is very easily done.
Mr. TRUMBULL. It is very manifest, I think, from what the Senfrom Oregon says, that he is unable to tell what the pay of an officer is, or what it will be for the next year. He has admitted now that that pay depends upon the character of the service he performs, whether he travels about, whether c has uarters provided for him, or whether he has a lowances for fuel and quarters. Those are the very things that render it uncertain. Of course, we all knew that a certain amount permonth was allowed; but I undertake to say now, from what the Senator himself has stated, that he cannot tell what the pay of those officers he is creating is to be for the next year. Will the Senfrom Oregon undertake to tell me how much an inspector general who acts as a lieutenant colonel of cavalry will receive under this bill for the next year not what he did receive for last year? If he will, then I can understand it; but if he tells me that it is to depend on how much he travels, the Senator does not know how much he will travel. If he tells me that it is to depend on how much fuel he has, and how long he has quarters furnished him, and how long he furnishes them himself, of course it do ends upon future events which neither he nor know anything about.
Mr. NESMITH. If the Senfrom Illinois will permit me, I will say that he has one off upon a grand system of mystification. the thing itself is as simple as that 2 and 2 make four. He starts out by making it u with something like the proposition, if a co of wood measures 128 feet, what. will a bag of wool weigh? [laughteu] I cannot undertake to determine the proposition upon that sort of premises. I can tell him exactly what a colonel of cavalry receives permonth, what his commutation for rations and servants is, and if he does not get his uarters and fuel, what his commutation for that will be. If he travels 10,000 miles he will get 6 cents a mile; what does that amount to? The Senator can figure that. If he only travels 1,000 miles, he only gets 6 cents for that. If he travels 2 miles and a half he will get precisely 15 cents. [Laughter] Those, it seems to me, are all prop positions that are plain andsimple enough. You do not hear any paymaster who undertakes to pay the Army hesitate a moment about this. The thing is just as simple as that 2 and 2 make four. The commutation for fuel and quarters depends upon the place where the officer is located. Idere in Washington there was one price during the war. It is usually established at about the price the fuel and quarters cost. The Senator referred to the pay bill that passed the House as being of very great consequence, and which it was very proper that we should pass here. I can tell him that an officer might be sent to a military post where his entire salary under that bill would not pay sew for his fuel. On the Platte wood costs over $100 a cord. Is it not proper, when an officer is sent there and compelled to have fuel, that the Government should commute to him the cost of it or furnish him fuel in kind?
Mr. TRUMBULL. The complaint which I made was not that the House bill fixed the rates at less than they now are, or at more. It was the certainty which I thought it desir able to obtain; that is the thing we do not have; and for the life of me, notwithstanding what the Senfrom Massachusetts has said, I do not see why we cannot pay Army officers just as we pay other officers of the Government. We pay the judges of our courts a certain salary; we know how much money to appropriate in advance to pay them. So we know how much money to appropriate in advance to pay postmasters, the officers connected with the Treasury Dept, all the other officers of the Government; and I think we might fix a certain sum for the officers of the Army. If the HoRep has sent us a bill full of inequalities, nobody is better qualified to correct those inequalities than the Senfrom Massachusetts; he can perfect that bill, and let us have some bill which will tell the country and tell all of us when we read it what the pay of an Army officer is. That is what we db not know; and with all the information we have been able to obtain now we do not know, because it depends at last upon the character of the service which the officer rforms, as we are told by the Senfrom gfegon. In other words, the Senator say to us “If you will tell us what an officer is to do next year we will tell you exactly how much he is to be paid next car;” that is to say, if we tell them how muc he is paid the will tell us how much he ought to be pai. Is it not possible to fix the pay of an Army officer for a year in advance at a certain sum, and let him discharge the duties of the office, whatever the may e?
Mr. NESMYIT. If the Senfrom Illinois will permit me I wish to put a question to him. Suppose that 2 colonels were in Washington city to da, one of them ordered to remain here on duty for 12 months, another ordered to travel erhaps 25,000 miles within the 12 months, would it be fair or just that the same saf ary should be established for the 2 men discharging those 2 particular duties, without reference to travel?
Mr. TRUMBULL. Which would get the largest salary as it now stands? l
Mr. NESMITH. The man doing the trav eing.
Mr. TRUMBULL. Would that amount to more than the quarters provided here?
Mr. NESMITH. Yes; agreat deal. He would et paid for his travel 6 cents a mile under the present law, or ten cents as a bill we passed the other da makes it.
Mr. TRUMBULL. Would the mileage in such a case be more than the cost of travel? And is it not probable that the man here would get more money than the other?
Mr. GRIMES. Aside from the amount to be expended by the man who is traveling, which would get the larger compensation, the one who was compelle to undergo the fatigue of traveling or the one stationed as a bureau agent at Washington?
Mr. N‘ESMITH. So far as the compensation proper is concerned
Mr. GRIMES. I mean so far as the aggre gate is concerned.
Mr. NESMITH. I do not suppose there would be any particular difference. It would take the compensation of the man who is stationed in Washington to pay for fuel and quarters, while the compensation of the other officer for traveling 25,000 miles, at 6 or ten cents, would only pay' his expenses; so that in the end they would come out, probably, nearly even. That is the intention of the law.
Mr. HARRIS. The Senator argues as if this were a proposition to increase the pay. My proposition is simplyto kee it where it is. Unless this amendment should be adopted, the moment the rebellion is at an end, when we can find out when that is, the ration goes down from 50 to 30 cents. I re ose to keep it where it is until Congress 5 al see fit to reduce it.
Mr. WILSON. I desire to strike out the word “January, ” in the 11th line of the 25th section, and to insert “July.” The proviso now reads: That this sectionshall not go into effectuntil the 1stday of January. 1867. I propose that it shall go into effect the 1st day of July. The point is this: we abolish sutlers in the Army. Many of those sutlers are now scattered over the country, and have stocks of goods on hand, and the question is whether they can get out of the position they are in by the 1st of January. It is thought by some that they cannot. This is a very im r tant change that will save a great deal to the Army, and I am willing to give these men a year to get out of the business. I therefore move to strike out the word “January” and to insert “July.”
Mr. DAVIS. I offer the following amendment in the form of a proviso to the 12th section: Provided, That no court martial, court of inquiry, or military commission shall take jurisdiotion of any case that does not arise in the land or naval forces or in the militia when in actual service in time of war or public danger. V I offer this amendment upon this plain provision of the Constitution, which is to be found in article 5 of the amendments: “ No person shall beheld to answerfor a capitalor otherwrse infamous crime unless on a presentment or indictment hyagrandjury, exceptin casesarising in the land or naval forces or in the militia when in actual servicein time of war or public danger, " &c. It seems to me to be a plain constitutional provision that a man who is not in the land or naval forces, or in the militia when in the actual service of the U.S. is not triable by a military commission. We know that this principle has been violated very frequently during the progress of the whole war. want the legislation of Congress on this subject to be in strict conformity to the Constitution, and that the Constitution may protect the rights of every civilian against being arraigned before military courts.
Mr. HENDERSON. I see in the 13th section that the quartermnsters to be appointed under this bill are to be taken from the er sons who have served as quartermasters during the war. Why is it that those who are to be appointed as commissaries of subsistence are not. likewise to be taken from the commis saries of subsistence during the war?
Mr. WILSON. There are no new commis saries to be appointed. The bill adds a few quartermasters at there are no commissaries added, and therefore we do not want such a provision.
Mr. HENDERSON. How is it in regard to surgeons, in the 17th section?
Mr. WILSON. There are some surgeons added.
Mr. HENDERSON. Why. not take them from the corps of surgeons who served during the war?
Mr. HENDERSON. it is not so provided. There is no provision of that sort here. I think that those men who served during the war, and who have distinguished themselves, and shown their competency and qualifications for positions of this sort had better be provided for. I suppose, in regard to inspectors, the Senator would answer me as he did in respect to commissaries, that the corps is full, and none are to be appointed; but it is not so in regard to the nssmtant surgeons.
Mr. WILSON. It does not add to the aggre gate number; but ittakes 2 majors and makes then lieutenant coloncls. There are 5 majors now, and we make 2 lieutenant colonels.
Mr. HENDERSON. I do not wish to interfere with the bill, because I do not understand the subject very well, but with the Senator‘s permission I will offer an amendment, unless it conflicts with his views. In section 17, line 12, after the word “service, ” I propose to insert these words, “said asst surgeons to be selected from among those who served in the same capacity during the late war.”
Mr. HENDERSON. On page 3 of the bill, section 4 line 6, I propose to insert the word “and’; before the word “ of, " and after the word “ of” to strike out the word “ 3, ” and to insert the words “eight new;" in line 7 to strike out the words “ to be designated the Veteran Reserve corps, and of, " and in has 8 to strike out the words “of ten companies each, ” and to insert “of which shall e composed;” so that the clause will read: And of eight new regiments of ten companieseach 5 regimentsof which shall be composed of colored men to be designated U.S. coloredtroops. Then after the word “conduct, ” in line 16, I move to strike out the words: The Veteran Reserve corps shall be otheeredby selectionsfrom officers and soldiers of volunteers, or of the regular Army who have been disabled by accident or wounds received or diseasecontracted In the line of duty during the war.
Mr. WILSON. I sug est to the Senator to strike out everything fie proposes to do in regard to the Veteran Reserve corps, but not increase the number of regiments.
Mr. HENDERSON. My amendment does not increase the number. The Senator will see that the section provides for 3 regiments of Veteran Reserves and live re iments of colored men, and I change it to eig it regiments, so as to make it read, “and of 8 new regiments of ten companies each, 5 regiments of which shall be composed of colored men, to be designated U.S. colored troops.” That is 5 out of the eight. Then in line 16, after the word “conduct, ” I strike out the words that I havementioned. That will cut out everything in regard to the Veteran Reserve corps, and leave the Army to be filled up b veterans from any corps whatever, provide they are competent to serve. l l r
The PRESIDENT protempore. The 1st amendment proposed by the Senator will be read at the desk.
The Secretary read the amendment, which was in section four, line 6, to insert the word “ and” before the word “ of, ” and after the word “ of” to strike out the word “ and 3 " to insert the words “eight new; ” in line 7 to strike out the words, “to be desig nated the veteran Reserve corps, and of;" in line 8 to strike out the words, “of ten companies each, " and to insert “of which shal be composed;" so that the section Will read: That the45 regiment! of infantry prpvided lbr by this act shall consistof the 1st ten regiments of ten companies each now in service; of 2 7 regimentsof ten companieseach to be formed by adding 2 companiesto each battalion of the remaining 9 regiments: and of 8 new regi inents of tencompanieseach, tiveregiments of which shall be composedof colored men, to be designated U.S.coloredtroops.
Mr. WILSON. I rise now to answer a question put to me by the Senfrom Iowa. in regard to enlisting men who have been disabled by wounds in the Veteran corps. The Senfrom Iowa put to me a question to know if we proposed to enlist in the ranks men who had been wounded. I will read that part of the 8th section: It shall be cometent to enlist men for the service who have been isabled b accident or wounds receivedor diseasecontracte in the line of their duty while serving in the Army of the U.S.ifon medical ins)cction it shall be found that by such wounds or isability the are not unfit for garrison or other light duty; an such men, when enlisted, shall be assigned to the regiments of the Veteran Reservecorps. The intention was to make up 3 regiments to do garrison duty, to be officered by men who had been wounded, and to be made of men who had been wounded in the line I 0?u their duty.
Mr. GRIMES. I will make another inquiry. I will inquire of the Senator whether or not it was the opinion of the Military Committee that these men who, being disabled, would be entitled to a pension would surrender that pension, or if he an poses that they, if receiving a pension, would be willing to go into the service as privates?
Mr. WILSON. In answer to the Senator I will say that in my judgment it will take a long while to enlist these 3 regiments of wounded men. We had quite a humber of regiments kept up during the 'war mostly of men who had been wounded or had been sick; but when congress met last autumn we had about 600 officers and 800 men rank and file. The 24 regiments of the Veteran Reserve corps were reduced to that.
Mr. GRIMES. That is exactly what I was going to say. The truth is, it seems to me everybody ought to be convinced that this attempt to raise a part of our regular Army, to be efficient in the future, out of men who have been, in the language of this bill, disabled already is one of the most absurd things that I have ever heard proposed. They are entitled to pensions; the country is willing to pay them pensions; and I suppose that Congress is disposed to increase the pensions if they are not able to support themselves upon what we already give them. But under the provisions of this bill I think the objection raised by the Senfrom NewYork was well taken. As the law now stands, if these men should be appointed tomorrow as disabled officers into the Veteran Reserve corps, it will he not only the right but the duty of the SecyWar to retire them the do after tomorrow because they are disabled. hey therefore will go on the retired list, and have the advantage over men who have been disabled in the service, in so far as they will receive retired pay, while other men in the same regiment, who stood beside them in the same engagements, would be only entitled to the regular pension allowed by law. That is manifestly unjust. It is a humbug, any Mr. HOWARD. I call for the yen!&nays on the amendment. The yeas and na'ys were ordered;' and being taken, resulted yeas l8, nays 13; 18. So
Mr. SHERMAN. There is another portion of that amendment which will now necessarily follow. In section four, line 16, after the word “ conduct, ” I move to strike out the following words: The Veteran Reserve corps shall be officered by selectionfrom officers and soldiers or volunteersor of the regular Army who have beendisabledby acci dent or woundsreceivedor diseasecontractedin the line of duty during the war.
Mr. WILSON. It will be necessary now to strike out from the 7th to the 13th lines of the 8th section, in the following words, in compliance with the amendment that has just been adopted: It shall be cometent to enlist men for the service who have been isabled b accidentor wounds receivedor diseasecontracts in the line of their duty while serving in the A rmyof the U.S.if on medical inspectionit shall be found that by such woundsor disability they are not unfitted for garrison or other light duty: and such men, when enlisted, shall be assigned to the regiments of the Veteran Reservecorps.
The PRESIDENT proicmpore. Those lines will be stricken out to make the bill consist ent, if no objection be interosed.
Mr. GRIMES. On the t ird page, in section four, lines 8 and 9, I move to strike out the words “ to be designated U.S. colored troops.” The words are superfluous.
Mr. GRIMES. “That the 45 regiments of infantry provided for by this act shall consist of the 1st ten regiments, of ten companies each, new in service; of 27 regiments, often companies each, to be formed by adding 2 companies to each battalion of the remaining 9 regiments; and of 5 regiments, often companies each, ofcolored men.” I propose to strike out the words, “to be designated U.S. colored troops.”
Skip Skip The amendment was agreed to. I, The bill was reported to the Senate as amended.
The PRESIDENT protemporc. The question will be on concurring in the amendments made as in ComWhole, and the question will be taken on concurring in the amendments collectively, unless some Senator desires a separate vote.
Mr. BROWN. I ask that the amendment made by the Senfrom NewYork, keeping the rations at 50 cents instead of at 30 cents, be excepted for a separate vote.
Mr. WILSON. I desire that the amendment to the twellh section made by the Senfrom Kentucky shall also be voted upon separately.
The PRESIDENT protempore. Those amendments will be excepted.
Mr. RAMSEY. I desire to have reserved the amendment in regard to the Veteran reserve corps9
Mr. FESSENDEN. The Senate decided that by a very large majority.
Mr. RAMSEY. I should like to have a vote upon it again.
The PRESIDENT rotempore. Thatamendment will be reserved.] The question is on concurring in the residue of the amendments made as in ComWhole, with the 3 exceptions that have been named. The remainder of the amendments were concurred in. The 1st reserved ameiidmentwas in section four. line 6, to insert the word “and " before the word “of, ” and after the word “of” to strike out the word “ 3 ” and insert the words “eight new;” in line 7 to strike out the words “to be designated the Veteran Reserve corps and of;” and in line 8 to strike out the words “ of ten companies each” and to insert "' of which shall be composed;” so that the clause will read: And 8 new regiments often companieseach. 5 regimentsof which shall be composed ot colored men.
Mr. TRUMBULL. That is the amendment which strikes out the Veteran Reserve corps.
Mr. GRIMES. There are 2 or 3 of these amendments that follow each other, as I understand.
Mr. JOHNson. The decision of one decides all the rest.
Mr. WILSON. If the 1st one is adopted, the rest will follow as a matter of course.
Mr. POMEROY. On that question I ask for the yeas&nays.
Mr. POMEROY., I will not insist upon it if they have been taken. I withdraw the call. The amendment was concurred in. The next reserved amendment wasto add as a proviso to the 12th section the following: Resolved, That no court martial. court of inquiry, or military commissionshall takojurisdiction of any casethat does not arise in the landpr n ava fol rees or in the militia. when in actual service in time of war or public danger.
Mr. DAVIS. Upon that question I ask for the yeas&nays. The yeas&nays were ordered.
Mr. PrUMBULL. I wish simply to say that I am in favor of the proposition contained in that amendment offered by the Senfrom Kentucky; but if I‘heard it read correctly it is a precise copy of the language of the constitution, and do not think it will strengthen it any to put it into a law. I see no object in reenacting the language of the Constitution over a ain.
Mr. AVIS. I doubt whether it would be observed if it was re'enforced even in the constitution. The honorable Senator says truly, this is the language of the Constitution; but I want these military gentlemen, and the SecyWar, and the Judge Advocate General to know that Congress has adopted it as part of the law as well as of the Constitution, and that they are to observe it.
Mr.TRUMBULL. If the Senfrom Kentucky can give any assurance that they will pay any more respect to it in a law than they would in the Constitution, 1 do not know but that I should be inclined to vote with him. For myself I do not see any particular object in reenactin the Constitution.
Mr. HENDERSON. I apprehend that under the decision of the Supreme Court lately made in the cases of Bowles and Milligan, it is entirely unnecessary to re'enact this provision. At the same time, if it is insisted upon, I shall vote for it. I have no doubt, and never had a doubt, that the decision of the S reine Court is correct. As the Senfromul Illinois says, I deem this amendment unnecessary; but if the Senfrom Kentucky insists upon it I shall vote for it. It is unnecessary, because a civilian tried by court martial or military commission has his remedy before the courts of the country. Certainly no civilian can suffer any penalty from military tribunals after the decision of the Supreme Court.
Mr. WILLIAMS. I should like to inquire whether this amendment is to deprive the Bureau of Military Justice of jurisdiction over cases pending there on appeal during the war. I understand that there is a large number of cases before the bureau that originated during the war, and are there for review. Will the adoption of this amendment deprive the bureau of jurisdiction in such cases and leave them unsettled and undetermined?
Mr. DAVIS. I have no doubt that many men who have constituted, in part, these Military courts never read the Constitution, and do They have just been not know what the provision is in relation to this or almost any other subject therein provided for. Iwant those men, who probably look more to military law, as enacted by congress, than they do to the Constitution, to have an opportunity ofknowing how the Constitution reads by these words being adopted in this law. ‘I hope the amendment will be adopted.
Mr. JOHNson. The honorable Senfrom Kentucky is ri 'ht, I think, in saying that this provision slioul be incorporated into the law. The error into which the military tribunals have fallen, as is now demonstrated by the decision of the Supreme Court, was in construing the act of Congress establishing the Rules and Articles of War. There is in one portion of that act some general words used which, construed by themselves, would include civil ians as well as those who are attached to the Army, and I know from conversation with many military men who have acted upon these courts that they believed and honestly believed it was the purpose of Congress to include civilians in the jurisdiction of the military tribunals. I thought then, nndIam confirmed in that opinion since the decision of the Supreme Court, that they placed an erroneous interpretation upon the acttowhich I refer; that, taken in connection with the other portions of the act, it was very manifest, to a lawyer at least, that the whole object of Congress was to include within the military jurisdiction of those tribunals only those who belonged to the Army or the Navy. The Supreme Court have so decided. But as that revision is still in the Rules and Articles of ar, I think it is advisable that we should incorporate into this not some such phraseology as is proposed by thh Senfrom Kentucky, which will make it very clear to these military gentlemen that it is not the purpose of congress to submit the citizen to trial by military tribunal.
Mr. SAULSBURY. It seems to me that the objection urged against the adoption of this amendment is not very sound. It is said that this provision is already in the Constitution, and tiercfore it is unnecessary to re'enactit. Sir, the friends of liberty did not think so in former days. Magna Charta. was reaffirmed 6 or 8 times within a few years after it was enacted. The friends of liberty, in those days, jealous of their rights whenever they were in fracted, did not think it was unnecessary to reaffirm them but they did reaffirm them and whenever they were infraeted they were found uttering their voice against the infraction, and reaflirming the real: charter of their liberties. This, if it shall e ado ted, will be are affirmance by the Senate oft e U.S. of this revision of our great magna charta. It can 0 no harm. It olds up to the eyes of those in power charged with the administration of public affairs the solemn judgment of the Amer ican Senate, “ Now that peace has come and war has ceased, beware how you further trample upon the constitutional rights of the people.” Not being capable of doing any har. but probably resulting in much good, I should he of the amendment would be adopted.
The Secretary read the next excepted amendment, which was to insert the followmg as an additional section: Abife:, That the 3rd section of the not entitled “An act making approriatlons for the supportof the army for the year ening the 30th of June 1866, "shallcontinuein force until otherWise provided by law.
Mr. BROWN. I asked to have that amendment separated from the others with a view of moving to amend it. I move to strike out “until otherwise provided by law” and insert “for one year from the passage of this act.” I am satisfied that it is premature now to adopt a permanent system in regard to an increase of that sort in the Army, and that one year’s time will give as ample 0 portunity. I believe the Senfrom cw librk agrees to that.
Mr. HARRIS. I am satisfied with the change proposed by the Senfrom Missouri and if it were competent for me to do so I would accept the amendment. The amendment to The amendment was agreed to; and the amendment, as amended, was concurred in.
Mr. RAMSEY. I now offer the amendment whichI indicated before, to insert after the word “service, ” in the 12th line of the section which was inserted on the motion of the Senfrom Oregon, [Mr. NESMITH] the words “ and privates who have served 3 years and been honorably di charged shall upon like occasions be entitle to the honorary rank of 1st lieutenant and wear the uniform of that adc, and at the expiration of 5 years from the 9th of April, 1865, they shall be entitled to the honorary rank of ca tain.” I will simply ask Senators, why shoal a distinction be made in favor of officers and no like discrimination in thvor of privates who did the service and fought i the battles? I ask for the yeas&nays on this amendment. The yeas&nays were ordered.
Mr. RAMSEY. I can see no suflieient reasOn why there should be a discrimination against the privates. all our battles. If special honors are to be showered upon the o ccrs, to which I have no objection, why make a discrimination against the privates? I hope it will not go out from this Senate Chamber that there is that kind of indifference to their credit, reputation, and honor hereafter. It costs nothing; it is a mere empty honor, if you please to say so. If you are to shower honors upon officers who have already all places conferred upon them in the civil, probably, as well as the military service, I cannot see any reason why this little honor should not be paid to the privates. In the French service almost every officer and private has a red ribbon bestowed upon him. Why should not the privates here have this little honor conferred upon them?
Mr. WILSON. iThe amendment adopted on the motion of the Senfrom Oregon provides simply that officers of the regular Army who have served with volunteers shall, on oc casions of ceremony, have the rank they had among the volunteers.
Mr. NYE. This extends the same to the privates.
Mr. WILSON. This does not. apply to vol unteers; there is not a volunteer in the country concerned in it. It is a reposition that the rank and file of the regu ar Army who have: served 3 years shall on all occasions of cer emony be 1st lieutenants.
Mr. CONNESS. I ask that the amendment be read again. I think that the Senfrom Massachusetts is entirel mistaken about it.
The Secretary read Mr. Rausmfs amend.ment.
Mr. CONNESS. The Senfrom Massachusetts is surel mistaken. Mr. wILSOi. Certainly not. It says “privates.” Privates of what? Privates of the regular army
Mr. CONNESS. Every private who has served 3 years in the Army.
Mr. WILSON. We are dealing with privates of the regular Army, not volunteers.
Mr. CONNESS. It can be amended so as to read “privates of the regular and volunteer services.’
Mr. WADE. Without this provision what is there to prevent the privates from assuming just such characters as they please on occasions of ceremony, and taking the title of majors if they see fit?
Mr. NESMITH. So far as this is applicable to the regular Army I fear there may be t some dificulty about it. On an occasion of ceremony in a year or 2 all the privates would be captains, and the lieutenants remaining lieu tenants, the captains would have the right to command. Thus the privates might command the company. It won d create a great deal of embarrassment to make 80 captains in a company commandin 2 or 3 officers.
Mr. CyONNESS. this quite up arent that the members of the Senate who be ong to the ComMilAffrs do not understand this amendment. I think it is easily understood, and I must say that the Senator who has given it existence simply proves to the country that he is not unminful of the great services the brave private soldiers have rendered to the country. They really did the fighting in
Skip Skip The guestion being taken by yeas&nays, resulte ye as16, nays 20; I4. So the amendment was rejected. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. SAULSBURY. I shall vote against this bill. I shall not take up the time of the Senate by calling for the yeas and uays, but I wish to put myself on the record as opposed to it. It increases the regular Army but very little. It. has been, I am told, about 48,000. This bill increases the privates but very little but increases the officers most wpnder fully and increases the expenses of the Government. The bill was passed. ORDER OF BUSINESS.
Mr. CLARK. I move that the Senate proceed to the consideration of the bill in regard to the re airing and reconstruction of the levees of the hiississi i.
Mr. TRUMEHLL. We want to get up another bill. We will not delay your ill but. a little while.
Mr. BROWN. I think it is unfair to take up the bill at the end of the day’s session.
Mr. CLARK. I liopeit will come up at the present time. You will not be in the way of an body tomorrow. Mr. HOWE rose.
Mr. BROWN. I move that the Senate adioIur.rnH. OWE. Ia peal to the Senfrom NewHampshire. ere is the bill for the construction of a canal around the falls of Niag ara which has been before the Senate; the amendments are nearly concluded, and I do think that the Senator’s bill which has recently been introduced ought not to press in ahead of this.
Mr. CLARK. I know very well that the bill which the Senator speaks of has been several times before the Senate, and Iwant him to give me a little opportunity to dispose of this bill; and if I am very much in the way, I will get out of the way if he will give me halfas much time as he has had.
Mr. HOWE. I am not sure the Senator will ever get out of my way. [Laughter.]
Mr. CLARK. I am eager to get out of our way if you give me half the time you ad. [Laughter.]
Mr. CLARK. I hope the Senate 'will allow me to take u this bill.
Mr. BROWN. I do not want to take it up now; that is the reason wh I want to adjourn.
Skip Skip The question being put the Senate refused to ad ourn.
The PRESIDENT protempore. The question is on the motion of the Senfrom Tew Hampshire that the Senate proceed to the consideration of the bill named by him.
Skip Skip The question being put, there were, on a division a cs 18, noes 4' no uorum voting.
Mr. HENDERSON. Now move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. MONDAY, July 9, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Bors'ron. The ]ournal of Saturday. last was read and approved. LEAVE or ABSENCE.
Mr. ORTH asked and obtained leave of ab sence for the remainder of the session for Mr. Srinwnu and Mr. CULLOM. ORDER OF BUSINESS.
The Speaker announced, as the 1st bus iness in order, the call of committees for reports, to go upon the Calendar and not to be rought. back y a motion to reconsider. No reports were presented.
The Speaker announced, as the next business in order, the call of States for resolutions, and for bills on leave, commencing with the State of NewHampshire, where the call was interrupted last Monday by the expiration of the morning hour. LAND GRANT FOR FEMALE COLLEGES.
Mr. HUBBARD, of Connecticut, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComPublicLands be instructedto inquire into the expedicnc of a.donetion of lands by Congress 01; the endowment of female collegesin the sever States.
Mr. HUBBARD, of Connecticut, also presented the following resolutions of the Legislature of Connecticut; which were referred to the ComPubLands and ordered to be printed: Gasman. Assnunnr, Sui nMaoyrSCeosssnionnc, ricc r, 1 Resolved by this Assembly, That our Sens&Repsin Congressbe and herebyare, requestedto use their influence infiroeure a donation of landsbyCongressto endowfew 0 collegesin thosev criil States. Resolved, That his ExcellencythoGovei nqrbe, and is hereby, requestedto transmits copyof this resolu t on to eachof our Sens&Repsin Congress. Approved May 23, 1866. TRADE WITH BRITISH PROVINCES.
Mr. HUMPHREY submitted the followinv resolution; which was read, considered, and agreed to: Resolved, That the SecyTreasury be requestedto communicateto thls House at its next sessiona statemen of the reyenue.trade, and commerceof the U.S. Withtho British Provinces since the abrogation of the reciprocity treat ', and any changesin Canadian tariff regulations.an also the comparative importance of Canadian and American commercial channels of transportation of property to and from the West to the sea board, asshown y their returns, togetherwith such othorinformation asmay be in his possession at thattimo. to assistin correctly estimating the relations and value of the trade and commerceof the British Provinces to the trade and productionsof the U.S. REMONSTRANCE AGAINST TARIFF BILL.
Mr. MORRIS introduced a bill to amend an act entitled “ An act to establish the judicial courts of the U.S., ” approved Sep tember 24, 1780; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. ASSTS IN HOUSE FOLDING ROOM.
Mr. NEWELL submitted the following reso I lotion; which was read, considered, and agreed to: Resolved.That the Committee of Accounts be requested to inquire into the propriety, of increasing the salaries of the assts in the folding room whosepay hasnot been increasedduring the present sessionto a sum equal to that recent y given to optahretmr ocmnte.eis emplw in similar duties in that deTIME roa MEETING or CONGRESS.
Mr. SCOFIELD introduced a bill to change the time for the annual meeting of Congress from the 1st Monday of December to the 1st Monday in November; which was read a 1st and 2nd time and referred to the ComJudiciary. a w. FLEMING.
Mr. COFFROTH introduced a bill for the relief of A. W. Fleming; which was read a 1st and 2nd time and retbrred to the ComInvalidPens. JOHN GORDON.
Mr. MILLER submitted the following resolution: Resolved, That the salary of John Gordon. principal messeng to the PostMGenl, be, and is ereby rmfl, ” perannum.
The SPEAKER. The Chair would suggest to the gentleman that the salary of a messenger In one of the Depts cannot be increased by a resolution of this House.
Mr. MILLER. I withdraw the resolution. nancuor'r’s MEMORIAL ADDRESS. H
Mr. MILLER submitted the following resolution: Pwhereas, under instruction of the Committee on rinlanl. but 100 copies were allowed to,8a"d!dremssember of this House of the able memorial of Hon.Gcorge Bancroft orrthe life and char l.d"cflileyrto. f our late much esteemedand lamentedPres Abraham Lincoln; and whereas the number of:3P1B so furnished is entirely inadequate for any mg like a fair distribution of such a valuable prolction: Therefore. “9 lued. That the comPrinting be and Ifintchderebl authorized and required to cause to be t such additionalnumberofcopiesaswlll allow member200 more for distribution.
Mr.WASHBURNE, ofIllinois. I suppose this resolution must go to the ComPrintinhgl.
Mr. MILLER. Idemand the previous question.
Mr. HALE. I make the point of order that the resolution under the law must be referred to the ComPrintg. The resolution instru'cts the committee to report in favor of printing a certain number of copies.
Mr. ROSS. I w0uld like to amend the resolution so as to provide for printing Agricultural Reports instead.
The Speaker. The Gentfrom NewYork is right, and the Chair holds that the resolution must, under the law, be referred to the ComPrintg, although it is mandatory.
Mr. MORRILL. If the previous question he not 2nded, cannot the resolution be re 'ected?
The SPEAKER. Under the law tit Large, volume ten, page 34) “al gSmtaottuiotenss to print extra copies ofany report, bill, or other document shall be referred to the members of the ComPrintin from the House in which the some may be may c.” The committee have fulljurisdictiop of the resolution irrespect ivo of the Manual. The resolution was referred accordingly. RECEIPTS AND EXPENDITURES of govERNMENT.
Mr. MILLER submitted the following resolution: Received.That the Secretary ot the Treasury be, and is hltreby, respectfully requestedto furnish this House with a statementof the receiptsand expendituresof the Governmentforthe fiscalyear ending the 30thof June. 1665.
Mr. WASHBURNE, of Illinois. I move to strike out “ ressectfully reguested" and to use the proper wor, “ direete." Teamendment was agreed to; and the res olution, as amended, was adopted. MOORE AND LADOMUS.
Mr. MYERS introduced a bill for the relief of Moore d7 Ladomus, of Philadelphia; which was read a.1st and 2nd time and referred to the Committee for: the DistCol. IRA G. ROBERTSON.
Mr. FARQUHAR introduced a JtResolution for the relief of Ira G. Robertson. of Indianapolis, Indiana; which was read a 1st and 2nd time and referred to the ComClaims. RATIONS ISSUED BY THE GOVERNMENT.
Mr. BROMWELL submitted the following resolution, "and demanded the previous question on its adoption: Resolved, That the SecyWar he and is hereby.re nestedto communicateto this House the whole nuni erofrations issuedunderdircotion of the War Deptfrom the beginningof the into war hitherto to personsnot belongingtothe Army.show'ing the number of rations issued to white persons and the number issued to colored personsin each year and ablethe costof rations issuedto eachclass of persons respectiyely.
Mr. WASHBURNE, of Illinois. It will require a great amount of labor to answer that resolution. I hope my colleag'iiie‘will let it be referred to the ComMilAffrs.
Mr. BROMWELL. Ipreferto have it acted on now.
Skip Skip The House divided on 2nding the demand for the previous question; and there wereayes 30. noes 16 no quorum voting. The SPEAK ‘R, under the rules, ordered tellers, ond appointedriMr. BROMWELL, and Mr. Wasnauaxn of IllinoisZ The House again divided; and the tellers reported aycs 60, noes 47. So The previous question was 2nded. The main question was then ordered. The question being taken on agreeing to the resolution, it was decided in the affirmativeyeas 65, nays 49, not voting O8; So the resolution was agreed to. Mr. ELDRIDGE mtRtv the resolution was agreed to; upon the table. agreed to. DICTIONARY OF CONGRESS.
Mr. WENTWORTH offered the following resolution, which was referred to the ComPrintg under the law:. Whercas the Senate has ordered the printing of the latest edition of the Dictionary of Congress: Therefore Resolved.That theI‘Obe printed for useand (aim. bution by the membersof this house. upon the same terms.asntiieiont numbor of copiesto make the quota of Representatives equal to that of Senators. SAFETY OF PASSENGERS.
Mr. WASHBURNE, of Illinois, introduced a bill further to provide for the safety of pas sengers on board of steam and sail vessels' which was read a 1st and 2nd time an referred to the ComCommerce. RIGHT OF WAY MILITARY RESERVATIONS.
Mr. ANDERSON. I offer for consideration a JtResolution concerning the right of way of railroads through military reservations and I will state that this has been considered by the ComPubLands, and has received their unanimous recommendation. I desire to put it on its pas sa 0; thereforeldemand the previous question.
Mr. WASHBURNE. of Illinois. object to this; I propose to debate it.
The SPEAKER. The Gentfrom Missouri has demanded the previous question, which cuts off debate.
Mr. WASHBUR NE, of Illinois. Iho ethe House is not going to pass this JtResolution without debate. The JtResolution was read. It grants the right of way, not exceeding 100 feet in width on each side of the track and the necessary grounds for depots and stations, to all railroad companies upon all military reserves; and the President is authorized to restore, from time to time, to the public domain, any portion of said reserves over or near which the Union Pacific railroad, or any of its branches, may ass, and which shall not be required for military purposes; the same, when so restored, to be subject to existing law concerning public lands in the same manner that they would have been if said reserves had never been made; provided, that the Pros ident shall not permit‘t e construction of any railroad upon or diminish anysuch reservation in any manner so as to impair its usefulness for‘ruilitary purposes so long as it shall be required therefor. in. wasasoanh,0r Illinois. That is a most extraordinary JtResolution. It permits railroads to go through all the arsenals of the country.
Skip Skip On seeonding the demand for the question, there were ayes 24, noes 6p.revious So The previous question was not 2nded.
Mr. WASHBURNE, of Illinois. I wish to debate the resolution.
The SPEAKER. The JtResolution then goes over under the rule. PAY of EMPLOYEESOF THE HOCSE.
Mr. KELSO submitted the following preamble and resolution: Whereasthe HoRep.at sundry times during the present session of Congress.has increased the compensation of a portion of its 0th cers and employees: Resolved, That the ComAccounts he requestedto report a resolution making the increase of compensatione uitnblo and uniform among all the officers andamp eyesof this Housefor the 39th Congress.
Mr. WASHBURNE, of Illinois. I suggest to the Gentfrom Missouri that he strike out the words “requested to report” and insert “inquire into the expediency of reporting."
Mr. KELSO. I accept the modification. The resolution, as modified, was agreed to. ROBERT BALDWIN.
Mr. DRIGGS. I desire to introduce a bill for the reliefof Robert Baldwin.
Mr. WASHBURNE, of Illinois. Surely the gentleman does not propose to introduce this bill and move the previous question upon it. No debate can be had upon it now.
Mr. DRIGGS. If it is not in order I will withdraw it.
The Speaker. The gentleman can introduce the bill for reference.
Mr. WASH BURNE. of Illinois. to this mode of passing bills.
Mr. DRIGGS. The bill has been referred, I object and this is a re art from the Committee on' Public Lands. withdraw the bill. HOUR OF MEETING.
Mr. PRICE. I offer the following resolu.tion: Resolved.That on and after Tuesday. the 10th instant and until otherwise ordered. the House will commenceits sessionsat ten o'clock a.m.
Mr. WASHBURNE, of Illinois. Make it 9 o‘clock.
Mr. PRICE. I ask the previous question on the resolution.
Mr. WASHBURNE, of Illinois. I hope before the House acts upon this resolution, we shall get some information in regard to the state of business, and whether there is any necessity for our meeting earlier. I understand that after we get through the tariff bill there are but one or 2 appropriation bills left, and that there is nothing else to do.
Mr. PRICE. If that is true, and we canget through with our business and go home, I am satisfied. My object is to get through with our business so that we may leave this village.
Mr. SCHENCK. I hope the gentleman will accept an amendment providing that the standing committees of the House be discharged from the further consideration of all the subjects before them.
Mr. PRICE. I do notkuow that I have any objection to that.
Mr. PRICE. I will modify my resolution so as to make the hour of meeting 11 o’clock. But I am really anxious to get the business done without meeting libre at night. I insist on the previous question.
Mr. SCHENCK. Does the gentleman accept my amendment?
Skip Skip The question was put upon seeonding the previous question, and there were ayes 80, noes 65. So the House refused to 2nd the demand for the previous question.
Mr. WASHBURNE, of Illinois. I rise to ebate the resolution. Debate arising, the resolution went over under the rule. PREEMPTORS ON THE BOSCOLRANCH.
Mr. PRICE introduced abill to amend an not entitled '“An act to grant the right of preemption to certain purchasers on the Soscol ranch, in the State 0 California;” which was read a 1st and 2nd time and referred to the ComPubLands. o LOUISIANA CONSTITUTIONAL CONVENTION.
Mr. WILSON, of Iowa, submitted the following resolution, upon which he demanded the previous question: Resolved.That the POTUS he requested if not inconsistent with the public interests to communicate to this House a cop of any correspondencehe may have had with ovornor Wells of Louisiana in relation to the reassenrhlin of the constitutional convention of Louisiana, which held a semionin the yoar1864.
Mr. LEBLOND. I wish the Gentfrom Iowa would amend his resolution so as to embrace the correspondence with Mr. Forney also. Laughter.]
Mr. VILSON, of Iowa. The gentleman can call for that himself. I must. decline to make the modification.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution ‘was agreed to.
Mr. WILSON, of Iowa, mtRtv the resolution was adopted; upon the table. agreed to. UNION PACIFIC RAILROAD, EASTERN DITISION.
Mr. WILSON, of Iowa, introduced a bill explanatory ofan act to amend an act cuti tled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and tele graph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for (postal, military, and other ur poses, approve July 1, 1862, ” approved uly 2, 1864; which was read a 1st an 2nd time and referred to the ComPubLands. RECESS OF CONGRESS.
Mr. GRINNELL‘introduced the followin concurrent resolution; which was read an referred to the ComWays&Means: Resolved by the Homeo Representatives(, the Son tahtee codncauyrring.) that when this House adjourn on of. it vwill take a.recess to meet on Saturday.the lst day of Decembernext. REPORT ON MEDICAL STATISTICS.
Mr. PAINE introduced the following resolution, upon which he called the previous question: Resolved.That the SecyWar he directed troepeoormt municateto the HoRepo. of the medical statisticscollected during the war in the bureau of the Provost Marshal General by SurgeonJ. H. Baxter as soon as such report can becompiledand preparedfor presentationby him.
Mr. PAINE mtRtv the resolution was agreed to; on the table. agreed to. 50th REGIMENT WISCONSIN VOLUNTEERS.
Mr. COBB introduced the following reamble and resolution, upon which he called the previous question: Whereas the 50th regimeptof Wisconsin volunteer infantry weremustered into the serviceof the U.S. in the spri of 1865.to scryofor one year or during the war. uni wereretainedin theser vice for several months after the expiration of said year, but wereonly paid a bounty for oneyear’sser V1002 Resolved.That the ComMilATTsirs be instructedto inquire into the expediQcy of providing by law for the paymentto the solthersof said regiment an additional bounty of 33 for each month‘sserviceafter t!ieoxpiratipn ofsaid year, and that they report by bill or othermsc.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the preamble and resolution were agreed Mr. to. COBB mtRtv the preamble and resolution were agreed to; on the table. agreed to. PUBLIC LANDS IN CALIFORNIA.
Mr. HIGBY submitted the following resolution:, quReusotelvdctd Tuhran isththteoStchcisreHtaoruysoef tthheeiInnftoerrmioar thioenroef howmany acresof public lands are now in market. how long nti c the some have been in market situate iu the Sta eof California and boundedas follows. namely on tho uortheast apd north by tho SanJoaquin river; on the cast by the foot of the Sierra Nevada mountains: and on the south by King's river and the line between townships 17 and 18 and on the southwestand westby the foot of the Monte Diablo mountain ran e; and also the number of acres already soldby t 0GeneralGovernmentwithin the above namedboundaries.
Mr. WASHBUR‘NE, of Illinois. I ask the Gentfrom California [Mr. HIGBY] to modify his resolution so as to make it direct ory; and also to call for the amount of land which has been ranted at this session of congress for railroad purposes.
Mr. HIGBY. I have no objection. The resolution, as modified, was agreed to. ARIZONA, NEWMEXICO, AND UTAH VOLUNTEERS.
Mr. McRUER submitted the following res olution; which was read, considered, and agreed to: Resolved.That the ComMilAffrs be instructedto inquire into the propriety of paying to volunteersmusteredout in the Territories of Arizona. NewMexico and Utah such additional sum as may appear necessaryto reimbursesaid volunteersfor necessary expenses incurred in transportation to placesof mastering in. o'er and above the amount which they have severally received and report by bill or otherwise. MARY JOHNSON.
Mr. BIDWELL introduced a JtResolution for the relief of Mary Johnson, of Belmont county, Ohio; which was read a 1st and 2nd time. The JtResolution provides that there be paid to Mary Johnson, of Belmont county, Ohio, out of any mone sin the Treasury not otherwise appropriate the sum of $110, to reimburse, her for the loss by fire of $110 50 in loyal tender notes of the U.S., of which she was the legal The JtResolution waoswreve.rred to the ComClaims. WISCONSIN.
Mr. CLARKE, of Kansas, introduced a JtResolution construing and giving effect to the JtResolution entitled “A resolution for the relief of the State of Wisconsin, ” approved July 1, 1864; which was read a 1st and 2nd time and referred to the ComPubLands. orricuns’ 3 mosriis’ EXTRA PAY.
Mr. CLARKE, of Kansas, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComMilAffr be instructed to inquire whether anyprovisions, and ifso. what.are necessaryto extend the thrceuionths' extra pay conferredby the act of March 8. 1860u.pon all otIico elow the rank of bqgadier general who having s e ed one term of servicea ntered the servicesincethe passageofsaid net must in service until mustered out beenus r services were no longer needed; and that said committee have leave to report by bill or otherwise. SUPREME COURT OF COLORADO.
Mr. BRADFORD introduced a JtResolution authorizing the justices of the supreme court of Colorado to fix the terms of e supreme court of said Territory; which was read a 1st and 2nd time.
Mr. BRADFORD. I desire that this hilf shall be acted on now; and therefore I call the previous question on ordering the bill to be engrossed and read a 3rd time.
Mr. DAWES. I think that this ought to be referred to the ComJudiciary. The JtResolution, which was read, provides that the justices of the supreme court of the Territory of Colorado, or a majority of them, shall be authorized to fix the terms of the supreme court of said Territory.
Mr. WASHBURNE, of Illinois. This ought to go to the ComJudiciary. On 2nding the demand for the previous question, there were ayes 30, noes 31; no quorum voting.
The Speaker, under the rule, ordered tellers; and appointed Messrs. Winsoa‘, of' Iowa, and Li: BLOND.
Mr. WASHBURNE, of Illinois. If the Gentfrom Colorado [Mr. Bssnronn] will withdraw the call for the previous question I will move that the resolution be referred to the ComJudiciary with leave to report at any time.
Mr. BRADFORD. I consent to that, and withdraw the call for the previous question.
The Speaker. lf there be no objection, the resolution will be referred to the ComJudiciary with leave to report at an time. [here was no objection. ARIZOM CONTESTED ELECTION.
Mr. DAWES. The ComElections, to whom was referred the petition of Charles D. Poston, contesting the right of Hon. John N. Goodwin to a seat as Delegate from Arizona, have instructed me to make an oral report. The petition was referred to the committee on the 11th day of December last. No notice of contest has been served upon the sittin Delegate, and no testimony hasliieen taken an submitted to the committee in support of the statements of the petition. The cemmittee have therefore instructed he to report back the etition and to move that the committee be iscbarged from its further consideration ‘nnd that it be laid on the table. The motion was agreed to. J. S. UNDERHILL.
Mr. TAYLOR asked and obtained leave to withdraw from the files of the House the peti tiop ofJ. S. Underhill for extra compensation for building the iron clad Keokuk. ENROLLED BILLS ANDJtResolution.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled bills and a JtResolution of the following titles; when the Speaker signed the 'same: AJtResolution (H.R.No. 179) for the reliefof Edgar '1'. Harris; An act (H.R.No. 461) granting a pension to Ann Sheehey; An not (H.R.No. 464)|for the relief of John Gordon; An act (H.R.No. 495) for the relief of Mary '11. Patrick; An act (H.R.No. 616) for the relief of Lu cinda Gates An act (H’. R. No. 684) granting a pension to Mrs. Mary A. McManus, widow of Captain ndrew McManus, late of the 69th Pennsylvania volunteer infantry; An act (H.R.No. 608) granting an increase of pension to Mrs. Mercie E. Scattergood; n act (H.R.No. 699) for the relief of James L. Perham An act. R. No. 700) for the benefit of John W. Jones; An act (H.R.No. 703) for tfie relief of Lieu tenant Colonel Frank Lynch; An act (H.R.‘ No. 704) for the relief of Joel Farley; An act (H.R.No. 705) for the relief of George W. Bush;. An not (H. IL NO. 740) for the relief of Matilda J. Monroe; An not H.R.No. 743) amendatory of an act entitle “An act granting a pension to Mrs. Einerance Gouler;” and ‘ An not (H.R.No. 641) for the relief of Charles M. Stout, late a 2nd lieutenant in company E, 7th Pennsylvania Reserve corps. PERSONAL EXPLANATION. Mr. MOORHEAD. Mr. Speaker, though I have served as a member of this House 7 years or more, I believe I have never before !. sented live petitions from A. C. Todd and nu. risen to a personal explanation, which I do on this occasion.
The Speaker. the gentfrom Pennsylvania asks consent to make a personal explanation. Is there objection? There was no objection.
Mr. MOORHEAD. Mr. Speaker, this was written in consequence of my havin stated here, when the ComWays an Means reported, that I had agreed to that part of the report imposing a duty of 50 cents perton on coal from the British Provinces to be used by NewEngland manufacturers, and a dollar and a half perton on coal from Liverpool and New castle. The wisdom of my action in this regard, I believe, requires no explanation orjustitiention, and even if it did this is neither the time nor the place for so doing. I will attend to that at home before my constituents. My object in rising is to brand the article attributing to me sordid motives as false and malicious, whether it emanates from the disq tinguished gentleman referred to or the editor of the paper. I take occasion to say that neither myself nor my brother nor any other living person with whom I am acquainted is directly 'or indirectly interested in any British Province; and it is for the purpose of repelling that base slander I have risen, and not for the purpose of occupying the time of the House. AMENDMENT OF 'riii: cons'rfrnmon.
Mr. BAKER. by unanimous consent, premerous other citizens of Illinois, praying an amendment of the Constitution, as ollows: To the honorablethe Senate and House of If eventu liveo of the U.S.in Congress assembled.‘ wc. citizens of the U.S., respectfully ask yine gur honorable body to adopt measures for amend the Constitution of the U.S.soas to read in substanceas follows: We. the people of the U.S. humbl acknowledging Almighty Qod as the sourceof al au and power in civil government, the Lord JIeiissus Christ as the Ruler among the nations. revealed will as of sugrenio authority. in or or to constitute a Christian government and in order to form a more perfect Union. establish'justice, in suro domestic ranquillity. provide for the common defense.promotethe generalwelfare and securethe inalienable rights of life liberty and the pursuit of happipess to ourselves. our posterit and all the inhabitants of the land. door ain an establish this Constitution for the U.S.A. The petitions were referred to the ComJudiciary. RECONSTRUCTION.
Mr. McCLURG submitted, from the ComElections, a report, concluding with the following resolutions: Resolved.That Alexander H. Cotfroth is not entitled to a seat in this House as a Representative from the 16th congress wnnl district of Pennsyl vania in the 39th congress. Resolved.That williiiin H. oontz is entitled to l seatas a Representativefrom the 16th congressional district of Pennsylvania in the 39th Congress. The report was laid upon the table and ordered to be printed. DR. r. a (lumen.
Mr. JOHNson, by unanimous consent, introduced a bill for the relief of Dr. F. 13. Culver, late special agent and commissioner to negotiate treaties with certain Indian tribes; which was read a 1st and 2nd time and referred to the ComIndAffrs. REORGANIZATION OF THE ARMY.
Mr. SCHENCK. Mr. Speaker, I explained on Saturday to the House the absolute necessity, as represented to me by the SecyWar and by the Lieutenant General of the Army of the U.S., for some provision in regard to the Army. Men must be obtained in addition to those we have now in the Army for the actual necessities of the Government; and it becomes essentially necessary in some shape “a. bill for the reorganization of the Army and its establishment on a peace footing shall pass, otherwise a large proportion of the present small Army must be mustered out on account of the cessation of hostilities. The Senate, I observe, are still presenting new bills. I' have eitplained a bill as in possession of the ComMilAffrs, passed by the senate, while a bill passed by the House is in possession of the Senate. lfthe Senate continue to pass new bills as it seems disposed to do, we shall never come to any conclusion. Some one bill must be acted on. The ComMilAffrs of the House have no particular pride in rejecting or having the Senate bill passed. Our desire is to have some action of Congress in which the 2 Houses shall agree, and in order to bring the Senate up to a position rendering it necessary to act on some bill, I am instructed by the ComMilAffrs to report back the bill passed by the Senate and to move, as a substitute, the bill passed by the House. This will result in a conference, without which we will never come to a conclusion. I report'back, thcrefoi e. senate bill No. 138, with a substitute, being precisely the bill upon which the House has acted, word for word. I propose to substitute for the ‘Senate bill the House bill as an amendment.
Mr. WASHBURNE, of Illinois. I have this moment come in and I would like to understand the 'ro position.
Mr. SCEEI’CK. I simply propose to sub, stitnte the bill which has passed the House for the Senate bill. I made an explanation on Saturday and my colleague [Mr. Srinnixc] objected, but he afterwar agreed to Withdraw his objection; but it was too late to bring the matter upon that day.
Mr. WASHBURNE, of Illinois. Do I understand that the Senate bill is now before the House together with the House bill?
The SPEAKER. It is if there is no objection. Otherwise the gentleman may move to suspend the rules for the purpose of reporting it back.
Mr. FARNSWORTH. I hope there Will be no, objection.
Mr. SPALDING. I Will state that I objected on Saturday, but I am satisfied now that it is merely a matter of pride between the 2 committees of Congress, and I withdraw my objection. o objection was made, and the bill was accordingllyI introduced.
Mr. SCHENCK. I ask the previous question on the adoption of the substitute.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ANDALL, of Pennsylvania. I demand the yeas&nays. The yeas&nays were ordered. The question bein taken on the adoption of the substitute, it was ecided in the affirmativeyeas 95, niiys 30, not voting 57; So Poe substitute was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd tinle and passed.
Mr. SCHENCK. I move to amend the title so as to read “A bill to reorganize and establish the Arm of the U.S.”
Mr. T AYER. I would like to move to amend it so as to read “A bill to disorganize the Army of the U.S.” The motion of Mr. Sennuex to amend the title was agreed to.
Mr. SCHENCK mtRtv the bill was passed, and the title amended; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, informed the'House that the Seu nte had passed JtResolution of the House No. 101, for the reliefof certain officersvof the l Army, with an amendment, in which the con'currence of the House was requested. Also, that the Senate had passed, without amendment, House bill No. 730, relative to pilots and pilot regulations. a message further informed the House that the ComEnrollBill having reported to the Senate that in the examination of the bill (S.No.222) further to prevent smuggling, and for other purposes, it appeared that the committee of conference reported no recommendation upon sundry amendments of the HoRep to the said bill, it was resolved that the Senate reconsider its vote agreeing to the report of the committee of conference, and that the bill and report be recommitted to the said committee of conference. INTERNALREVENUE LAW.
Mr. MORRILL, by unanimous consent, offered the following resolution; which was referred to the ComPrintg under the law: Resolved.That 20,000 copies of the in ' ternal revenue law. socalled shall e printed as amended.so as to incorporate the entire law. for the useof themembersof the House. REGISTER OF DEEDS IN THE DISTRICT.
Mr. IN GERSOLL, by unanimous consent, introduced a bill. to regulate the fees of the register of deeds for the DistCol; which was read a 1st and 2nd time and referred to the ComDistCol. PREVENTION OF SMUGGLING.
Mr. ELIOT. I ask unanimous consent that Senate bill No. 222, for the prevention of smuggling, and for other purposes, be recominitte to the committee of conference, with a view to the correction of an error. I will state that the Senate has already taken this action, and that there is a message on the Speaker’s table on the subjech'js No objection was made.
The Speaker laid before the House the following message from the Senate: In Suns or run U.S. July 9.1866. The ComEnrollBill havin reported to the Senatethat on examining the bill (S. 0. 2'2) further to‘preventsmuggling.andfor otherpurposes itappeare thatthe committee of cont'erenccreported no recommendationson sundry amendmentsof the HoRepto said bill. it RESOLVED that the Senate reconsider its vote ngrcein to the report of . the committee of oonference and t hi at the I and report berecommittedto the committee of conference. There being no objection, the House concurred in the action of the Senate recommitting the bill to the committee of conference.
Mr. ALLISON. I move to proceed to business on the Speaker’s table, for the purpose of considering the 1st bill on the table. The motion was agreed to. vABMY APPROPRIATIONS. The 1st business on the Speaker’s table was bill of the House No. 466, to extend the benefits of section 4 of an act making appropriations for the support of the Arm for theyenr ending June 30, 1866, approved i arch 3, 1865, returned from the Senate with an amendment. The amendment of the Senate was to strike outat the end of the bill the words “ that date” and insert in lieu thereof the words “the 9th day of April. 1865."
Mr. SCHENCK. I hope that amendment will be concurred in. It is a more correction. The amendment of the Senate was concurred in.
Mr. ALLISON mtRtv the amendment of the Senate was concurred i;n upon the table. Thdlatter motion was agreed to. TARIFF BILL.
Mr. MORRILL. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorn 11.1)in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports and for other purposes. 'on the invoice. certified by the consul of the shall he
Mr. MORRILL. I move to amend in line 3 by inserting after the words “foreign countries” the words “except as hereinafter otherwise provided.”
Mr. HALE. I move to amend in line 9 by striking out the words “an interior” and inserting “ any, ” and also by inserting after the word “ country, ” in line ten, the words “other than the last port of shipment for the U.S.;” so that it Will read: That in determining the dutiablo value of all iner cliandiso imported from foreign countrieson which dutiesareimposedby this act or by(11legxisting law, the entire costof such merchandise 8 all be taken, which shall aplpearon the invoice. certified by the consul of the U.S. nt the place olloriginul purchaseor production as having been paid by the purchasertoanyparty for or on account of said goods; and if such purchuspand certification shall be at any town. cit or locality of any foreign country other than the netport of shipmentfor the U.S. there shall be addedto such entire original costall. actual costsoftransportation to the last port ofshipment for the U.S and all costsof preps “3tion or preservation paid or Morning in such port of last shipment. exceptonly the actnnl costofrernsval from warehouse on card the vesselfor final exportation and except the commission or brokerage paid. for the care of such shipment.not excgQing 2 ½ %.
Mr. RICE, ot‘Massachusetts. I move to add to the 17th section the following proviso: And provided further. That nlfgoeds. wares and merchandisein bondedwarehousesor on shipbo and bound to the U.S.from anyforeignport when this act shall take effectshall besubject to the conditionsand ratesofduties which wereapplicable to said goods, wares and merchandiseon the 1st.day ofJune. 1866.
Mr. THAYER. I suggest to the Gentfrom Massachusetts that that amendment would come in more appropriately at the close of the 22nd section.
Mr. RICE. of Massachusetts; withdraw it for the present.
Mr. TAYLOR. I withdraw my motion to strike out.
Mr. MORRILL. I move to strike out this section and to insert in lieu thereof the section which I send to the Clerk’s desk to be read.
The Clerk read as follows: Abife: That the SecyTreasury be, and he is hereby, authorized to extend to the Alabama and Florida Railroad Company a credit of 5 yearson the duties on the railroad iron and fastenings necessary to relay 37 miles of the tralkof the Alabama and Florida railroad, between the city of Pensacola to the Alabama State lbinye. from which the rails and fastenings were removed the socalled confederate authorities against the remonstranccsof the officers of said railroad company and the injunctions of the court dujlng the late rebellion: Provided. That the said railroad company sSheaclrlefitarsrty give security to the satisfaction of the said for the payment of such dutiesWith semiannual interestat the rate of srx%.on or bp fore the ex)iration of said credit; and that the $ fl.ld iron shall 0 used for no purpOsebut that bolero stateduntil said duties hairs been paid; and further. that the U.S. authorities canuse said securities in payment for ang' services said railroad com‘pnn may render for t m should any services be ron cred.
Mr. MORRILL. The section which I have moved to strike out is one subject to quite weighty objections, and will require considerable amendment even if it should be allowed to be retained. Therefore the ComWays&Means have, instructed me to move to strike it out; and if it is to be inserted at all. let it be inserted by the Senate. The new section which I have moved. by (IP motion of the ComWays&Means, to insert in place of this 18th section: 18 for the purpose of allowing a railroad running from Pensacola to the Alabama State line, and which was utterly destroyed diiring the late war, a credit upon the iron which is now on the way, or per ha s has already arrived from abroad, for the relaying of the road. Itwill amount to about 60,000 dollars. Now, while I am disNlw Year. July 3. 1866. pesed “to quarrel for the 9th part of a hair" in relation to political principles, when we come to financial questions of this kind, wheiie the Government can afford relief without any dam age to the interests of the country, and with the greatest benefit to the local interests of a State, am, for one, quite willing to grant it. And as we have hitherto given considerable aid toTail roads in the West, I think we should give this aid here. It is simply granting to this railroad time in which to pay these duties.
Mr. ALLISON. I desire to ask the chairman of' the ComWays&Means if this amendment provides that the principal and interest shall be paid in gold at the end of 5 years.
Mr. MORRILL. As a matter of course that will be so considered.
Mr. ALLISON. I am not quite clear about at.
Mr. MORRI LL. It ought to be in that form.
Mr. ALLISON. Ifthis duty on railroad iron should be changed as proposed to a debt in favor of the U.S., that debt, in my judgment, would not be payable in coin unless it were so specified.
Mr. MOI RILL. The amendment provides for the payment of interest semi annually. I modify the amendment by inserting the words “to be paid in coin.”
Mr. SI‘EVENS. Mr. Chairman, I feel very much disposed to extend aid, so far as possible, to suffering men everywhere; but why the government should give this credit to a corporation I cannot very well understand. I know no reason why this Florida corporation should receive this credit, except such reasons as would a ply to every other railroad corporation in the U.S. I can perceive in this proposition the entering wedge for all the other companies, opening the way to the destruction of our whole system of revenue on railroad iron. Next year or if not next year, certainly the year after this duty will be remitted; and We shall get nothing. This is practically a remission of the duty on railroad iron for this benefit of this Florida railroad company. The only thing that would recommend this proposition to me is the fact that a large part of the stock of this company is owned by northern men. Ever body knows that enterprising men of the Nort are assisting largely in building these southern roads; and of course they have my sympathy. I cannot understand, however, why this credit, orratherthis ift, shouldbe extended by the Government to those concerned in this railroad. I can understand why there should be a combination for the purpose of brining railrOnd iron into the country ree of duty. 8But I cannot see why we should consent to permit the remission ot the duties to railroad coma nies which, if they are profitable at all, are able to pay the duties. I must therefore vote against the amendment.
Mr. BINGHAM. Mr. Chairman, for the purpose ofsaying a few words upon this question, I move to amend the amendment by striking out “ 5” and inserting “ 3." I regret very much to hear the remarks just made by the honorable Gentfrom Pennsylvania, [Mr. STEVEXSfiIt seems to me that he has for otten that the amendment which is offered Iiy the chairman of the ComWays&Means is in the very spirit of the resolution which has already been recommended to this House by a JtCommee of both Houses, of which committee the honorable gentleman himself is a member, and which resolution proposes to suspend for the period. of ten years, upon like securities being given, the obligations for the payment of direct taxes assesse upon the 11 States lately in insurrection.
Mr. STEVENS. I will ask the gentleman whether this railroad is a State work or an individual enterprise.
Mr. HALE. Imove the following amendment to the amendment: strike out "socalled military confederate authorities, ” and insert in lieu thereof “rebel forces ” and strike out “and the injunctions of the courts.” The 1st clause of my amendment explains itself. I believe in calling things by their right names. In reference to the injunctions of the courts, I do not know what courts are referred to, but they must be the so ealled confederate or State courts. In either case it strikes me as improper to refer to the action of such courts as having authority. A single word as to the amendment itself. It seems to me, with all deference to the ComWays&Means, that the provisions of this proposed section are not such as ought to be incor orated in this bill. This is a general tariff bill, and the proposed amendment would interpolate in it a specific provision for the benefit of a particular railroad in the southern States. Whatever may be the merits of this particular case, it' is not the proper subject of provision in this bill, and to countenance such a proceeding wbuld open the door to great abuses. Whether af fecting the construction of railroads or any other branch of industryin the southern States, it should be provided in a general bill here after to be introduced to cover certain classes of cases, or by separate s iecial bills to provide for each separate case. I cannot certainly accede to the propriety of legislating for special reliefin a general bill. I think this proposed new section should be withdrawn and come before the Home in another form.
Mr. MOltltI LL. In rely to the Gentfrom NewYork, while I 0 not object to his amendment, I will say to him the proosed section is certainly pertinent to the subject matter of the present bill, and if it is to be passed at all at this session it must go in this liill, as any separate bill would not be acted upon. "The ComWays&Means regarded it as a question of so much interest as to be willing to in raft it on this bill.
Mr. HALE. Hast ieeominitt ec information whether there are other roads in the same sit nation?
Mr. MORRILL. I am not aware of any other case. The present bill provides that the duty shall be paid semi annually. It was formerly the practice to allow some extension of time to a 1parties who had duties to pay to the Government; and now, when the people of the North are extending pecuniary aid to the South in order that it may recu crate more rapidly, it seems to me that such help as this from the Government is eminently proper. I have no doubt it is for the interest of the Government to give this credit. Itwill be found in the increased amount oftzixation to be derived because of the construction of this railroad. I hope the House will agree with the ComWays&Means that this is a proper subject to be considered now. I know the parties, atleast some of them, engaged on this road are as loyal men as any upon this floor, men who never lifted a hand to help the rebellion. They propose:30 give ample security for the payment of these uties. M
Mr. PRICE. Are these stockholders northern or southern men 'I
Mr. MORRILL. Some are from the North, but the most of them are southern men.
Mr. PRICE. I am to understand, then, that the lamest part of the stock is held by residents of soufhern States?
Mr. MORltlLL. Yes, air; as I have been informed, residents of Florida.
Mr. PAINE. Idesire to ask the gentleman whether these loyal men he speaks of as being owners of the stock are not northern men.
Mr. MORRILL. Not all of them. Some have been there more than 20 years.
Mr. PAINE. I move to amend the amendment by substituting “two years” in the place of “ 5 ears.” The C AIRMAN. No further amendment is in order.
Mr. HALE. I withdraw my amendment and the gentleman may renew it.
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIELD re ‘ porte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, bein bill of the house No. 718, to provide increase revenue from imports, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MOE HILL. I move that when the House shall again resolve itself into the ComWhole on the state of the Union, all debate on the pending section terminate in 5 minutes., The motion was agreed to. TA RIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to., So the rules were suspended; and the House accordiii ly resolved itselfint o the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, bein the bill pH. It. No. 718) to provide increase revenue from imports, and for other purposes.
Mr. KELLEY. I renew it for the sake of saying that I hope this section will be added to the bill. There is, perhaps, no man on the floor of this House who is more unwilling to give political power to the people of the South until they shal. test their fitness to receive it by their acts than I am. Butl believe the true policy of the Government is to win that people from their devotion to political abstractions by enraging them in the business of life. Vhenever during this Congress I have had a chance to raise my voice in favor of any measure that was calculated to promote and develop mutual interests and induce the people to engage on their own behalf in their promotion 1 have done it. I indorse every one of the words so ably spoken by the Gentfrom Massachusetts, Mr. Dawes] We can regenerate that people, and it is our duty to do it. We can do it by just such acts as this, and that without periling a dollar of the Government funds. The section provides for the admission of a certain quantity of iron, but not until security shall have been given for thement of the interest of the duties regular pay y in old, and the duties to be paid at the end of 5 years. Now, it is asked why this should be.done here and not elsewhere. Sir, this House has passed a resolution instructing the proper officers of the Freedmen’s Bureau to feed the starving people Of Alabama and Georgia. This road is of great importance to those people. The people who are starving, who were without seed to put in a crop for this year, are not in a condition to raise money to go on With now enter rises.
Mr. STEVENS. May I ask my friend how many of these starving peoliv he thinks are stockholders in this road?
Mr. KELLEY. them are. But I know that a railroad through a country, though its stock be owned in a foreign country, b esses those who live upon it and who live near its termini. Does the gentleman mean to say that railroads are blessings only to the stockholders?
Mr. STEVENS. I mean that the stock holders must make the road, and I do not believe'in coaxing rebels with sugar plums and love feasts.
Mr. KELLEY. Nor do I; yet I do believe that the only way to develop and restore a devastated region of country is by inducing capital and enterprise to come within their limits. That is my answer to the gentleman. And if we can induce northern capital and enterprise to go there we should do it. The nestion recurred on the amendment of Mr. ALISON renewed by Mr. KELLEY, to the amendment of Mr. Momma, which was to strike out the words “so called confederate authorities, ” and to insert “ rebel forcesf’ also strike out the words “and the injunctions of the courts." The amendment to the amendment w agreed to. The question was then taken upon the amendment as amended; and upon a division there were ayes 66, noes 40. Before the vote was announced, Mr. FARQUHAR. called for tellers. Tellers were' ordered; and Messrs. S'rsvsxs and Momma. were appointed. The committee again divided; and the tellers reported ayes 61, noes 34. The amendment, as amended, was agreed to.
Mr. HOOPER, of Massachusetts. I move to insert the following as an additional section: Abife: That so much of the act entitled “An act to authorize protection to be given to citizens of the U.S. deposits of gunno, "approved August 18, 1 56.nsprohibits the export thereof is hereby suspended in provisions of spectrisoonnst who have complied with the arid act for live years from and after the 14thday 0 July. 1867.
Mr. RANDALL, of Pennsylvania. Does the gentleman offer this on his owa individual motion, or does he do it upon the recommendation of the Committee ot Ways&Means?
Mr. HOOPER, of Massachusetts. From the committee.
Mr. McRUER. I move to amend by inserting the following as an additional section: Abife: That the proviso in section 4 of on not entitled “An act ameudatoryof certain acts im using duties upon foreign importations." approve March 8, 1865s.hall beconstruedto include nny ship. vessel or steamer to or from any port in the SandwichIslands or Society Islands. The act of 1865 provides that all vessels entering American ports, whether owned wholly or in art by American citizens, shall pay a duty oi2 30 cents perton every time they enter at a customhouse. But there is in that law a provision that all vessels engaged in the coasting trade, and all vessels coming from Mexico, the West India islands, or the British sessions, shall be exempt from this tax, to e extent that they shall pay it but once a year. It was the modem intention only to tax vessels once a year, only those engaged in making long voyages. Now vessels engaged in the trade between SanFrancisco and the Sand wich Islands make, on an avEra e, 6 trips 0. year But since this law passe these vessels have been compelled to pay this enormous ton nage duty every time they enter the port of SanFrancisco, 6 times a year. Now this class of vessels should be exempted from the tax, the same as vessels trading with the West Indies, or with Mexico, or coming from any of the British possessions. This amendment meets with the approbation of the ComWays&Means. I think there can be no sound oh'ection to it and I hope it will be adopted.
Mr. MORRlLL. I believe there is no objection to this amendment. I do not know that any of States who mag discover. SecyTreasury
Mr. DODGE. I hope the House will sustain the proposition of the Gentfrom California, [Mr. McRUEB.] GreatBritain has almost monopolized the trade with the islands of the Pacific, and she is fast gaining the trade of the SandwichIslands. It is for the interest of this country that we do everything in our, power to relieve from tonnage duty the vessels trading from California to the SandwichIslands.
Mr. McRUER. I ask consent to offer the following as a proviso to the 6th section, which has already been passed: Provided, That no wines, brandies or other spirit uousliquors in transit to the U.S.on the 1st day of October. 1866, shall be subject to forfeiture under the act.
The CHAIRMAN. Is there objection to reverting to the 6th section for the purpose of considering the amendment stated by the Gentfrom California?
Mr. McRUER. Theirl offer the following as 0. new section, to come in after the section last read: Abife: That no wines. brrmilies or other spirituous liquors in transit to the U.S.on the 1st day of October, 1866s, hall be subject to forfeiture under this act., Mr. Chairman, I wish to call attention to the fact that in the 6th section it is provided that. Any wines, brandics, or other spirituous liquors importedon and after the 1stday 0 October, 1866i, n any less qunntities flian herein provided for shall be forfeited to the U.S. Now, it certainl not be the intention of the Committee of s and Means or of this House that a cargo Wines or brandies which left Francepn the 1st of last May and which may arrive in the port of SanFrancisco on the 1st of next October shall be forfeited because they are in packages of less than 30 gallons. Yet under the provisions of the bill as they now stand this would be the necessary effect, I 'l be So sury would becompelled in such n.case to forfeit the whole cargobecapse imported in packages of less than 30 gal lons; and a package of 20 gallons is a very common package for fine liquors. Now, it seems to me it would be perfectly monstrous to make such an enactment. Why, sir, this bill ought to include a provision that would except from this requirement importations arriving after the date specified, when ever it can be shown that the person shipping the cargo has not had time to become informed of the requirement of our tariff law. Hereto fore, when we have enacted tariffs taking effect immediately, they have worked great hardship to individuals without any benefit to the government. A merchant on the Mediterranean may on the 1st of October be entirely ignorant of this requirement of our law. The bill should provide t iat nothing shall be forfeited, unless imported in contravention of laws known to be in existence. I think that the amendment which I have offered must commend itself to the good sense of this House. 0
Mr. MORRILL. This provision was inserted for the purpose of trying to avoid the smuggling that is goingon all along our northern frontier. uness we have something of this kind it will be utterly impossible for our revenue officers to detect the smuggling that takes place daily. I am willing that something like that sug ested should be inserted if it be not too broad. I will, suggest that by unanimous consent.the matter shall be passed over for the present, so that a proper provision may be prepared on the subject. here was no objection, and it was ordered accordingly.,
Mr. STEVENS. I offer the following new section: Abife: That the snm'eprovisions in srd to credit on railroad iron extendedto the Flori n and Alabama railroad shall extend to all railroads west of Pennsylvania. Mr. Chairman, I cannot see an reason why these infant railroads should not have the fos without any means of avoiding it. tering care of the Government in this way if any are to have it. I understand. in regard to the Florida and Alabama railroad, that it had iron there, but put it in another place to make a branch road which is now running, and has been for months past. The design is to bring in this iron to relay the old road. If it be granted to this road I see no reason why the same privilege should not be extended to all other railroads. What we have granted to one we should ‘rant to the others.
Mr. HA E. I move to strike out “west” and to insert “ outside;” so that it will read, “outside of Pennsylvania." [Laughter]
Mr. STEVENS. I accept it. [Renewed laughter.] I demand tellers. Tellers were ordered; and Mr. Gsarmanand Mr. Tnsrsn were appointed. rel s The committee divided; and the tellers ro ported ayes 48, noes 49. So the amendment was disagreed to.
Mr. MOORHEAD. I would ask the gentleman whether, if the committee should adopt this provision, he and his friends who represent vwestern interests will vote for the bill.
Mr. KASSON. It will be a very strong inducement for western members to vote for the bill. I am not authorized to pledge them, but I can say that without it we of the Northwest, with the exception of the Representatives ofone State shall vote almost unanimously against the bill.
Mr. MOORHEAD. Will the gentleman himself vote for the bill?
Mr. KASSON. No; there are some other clauses on which I want votes before I vote for the bill. I can only say that with the reduced duty on ten and coffee and a reduced rate on railroad iron, there will be a beitero portnnity for the passage of the bill. But I rest the amendment on the ground of naked right and justice, on the ground of the actual necessity that you impose no additional burdens on the railroad interests of the West that are strug gling for existence and extension today more t on they have done for several years past. These railroads must be extended orimmigration and settlement will be retarded, and you will diminish the production of cereals and seriously embarrass various interests in the West. I ask gentlemen, whether they have made up their minds on the subject or not, that they will vote for the amendment here in committee so as to enable us to get a vote upon it in the House. glare the hammer fell.]
Mr. MOItlllLL. I suppose the Gentfrom Iowa has accomplished his purpose in making his speech, but he probably was not present when the amendment about railroad iron was pending. It was the understanding then that the gentleman’s colleague [Mixa'in 80x] was to move an amendment in the House, and I have no doubt, from what. I hear from various rpuarters of the House, that a compromise will be made as to the increase of the duty on railroad iron.
Mr. KASSON. Will the 'chairman of the ComWays&Means state precisely what the arran eiuont was?
Mr. MOIlRl L. 7It was that the gentleman‘s colleague [Mr. Winsos] should have an opportunity to move in the House such an anionment as he desired.
Mr. KASSON. If that is the understanding I withdraw in amendment.
Mr. GRISWOLD. I renew the amendment, and I do it for the purpose of saying that I am not at all surprised at the motion of thc'Gentfrom Iowa, and it only confirms what I have heretofore said upon this subset, that he and other members oft c Free Trade League in this country have made up their minds deliberately. instead of pursuing a course here which shall be deemed consistent with the interests of'American manufacturers and American industry, to obey the behests and dictation of British manufacturers and British capitalists. A great clamor is raised about the tariff, and not content with stating the facts of the case, members here are misrepresented and enunciations areatiributed to them for which there is no authority. Now, I find myself reported in the NewYork papers as havin said the other day that the railroad iron maers had made no profits for 3 or 4 years. 1'.Chairman, I said no such thing. I said that for the last 18 months the manufacturers of railroad iron in this country had made no profits, and that today they could not compete with the manufacturers of England. I am reported alSo as having moved to place an increased duty on railway frogs. Both these charges are made upon me in the same report and on the same day. I made no such motion. And the comment is made upon it that I was interested with other gentlemen here, and was controlled by considerations of personal interest in the legislation of the country. Now, what. I said was, and I repeat it, that the manufacturers of railroad iron in this country cannot to dny compete with foreign manufacturers. I said further that a committee had been up inted by the Iron and Steel Associaltion of 7n land to attend to the tariff of llllsl country. caused to be read at the Clerk‘s desk certain docuinents, and iiow.in conlirmation, I ask the Clerk to read the letter which 1; send up.
The Clerk read as follows: U.S.CONSULATB Towns BUILDINGScorn. “'ATER Sl iinnr LIVERPOOL.Apr i119.lSGB. DEAR Sin: I inclose you the Parliumentnry Blue Book on Trade and Navigation. "‘ they are making great effortson this sideto repeal our thrill and admit British foods free of duty. If | effortand mom ycan accomisli it, you may rest assured that it will be done. The work is to be done through the agents of foreign housesin Boston and how ork. Their plan is to agitate in the western ‘, Statesand toformfree tradeassociationsall over the country. If the people worn over here and could see one‘ half that ‘do. theywould open their eyes. No stone 1 Will be lclt unturned to break down our manulnctures. Sir Morton I’cto has written a book to show that we are only lit to grow produce and that England should do our manufacturing. This book will be circulated bytho 1000s in the western States. Yours. &c. THOMAS ll. DUDLEY.
Mr. GRISWOLD. I now Withdraw the amendment.
The Clerk read as follows: SEC.20.Abife: That from and after the passageof this act nll goods.wares or merchandiscarriving at the ports of NewYork. Boston and Portland or any other port of the U.S. by which may be specially designatedby the SecyTreasury and destined for placesin the adja cent British Provinces may be entered at the customhuse and conveyedin transit through the territory of the U.S. without the iiiyinciit of dlilit s.! under such rules. regulations. on conditions for the i rroetaescutriyonmoafy p 3 srcervibeen.ue as the Secretary of the
Mr. THAYER. I do not wish to debate that! section, but I would like to know from the chair man of the ComWays&Means what i benefit we are to derive from this, and what‘ consideration we‘are to get for this privilege.
The CHAIRMAN. There is no amendment pending before the committee. l
Mr. THAYER. Then I move to strike out l the section. Iwant to have some explanation why we should give this privilege of transmit tin all goods from the Provinces over ourter rit y duty free. I do not understand it.
Mr. MORRILL. I think the gentleman must understand it. If not, I think I can make him i understand it in a few words. At the present tin/ion large amount of the grain and merchan disethat seeks transportation from the West to the East, or from teeastern to the western States. travels across more or less of the territory of the Canadian Provinces, taking the cars I from Buffalo to Windsor, opposite Detroit, or taking the cars from Ogdensburg to Port Sarnia. It is, in other words, a competition which the West enjoys with our railroads and canals on this side, and cheapens freights. And it is regarded as a very great convenience to the West as well as to the "ast. It is not.subject at the presenttime to any law, but merely to a regulation on the part of the Treasury Dept. It has been deemed advisable that some law should be passed upon this subject. So faras the benefit to the Canadas is concerned, they only use a very small strip of our territory in crossing from Portland to the Canada line. iIt is reall a reciprocal provision, and one that should 0 allowed.
M. THAYER. I understand the gentleman to say that we enjoy an equivalent privilege.
Mr. MORRllilJ. We do. Mr. THAYEH. Then I withdraw my motion.
Mr. BENJAMIN. Iynove to strike out the last word for the purpose of asking the chair man of the ComWays&Means [Mr. Mommas] if he has considered this section in reference to the provision of the constitution which forbids the giving any preference by regulations of commerce to one State over another. It seems to me this section is in contravention of that provision.
Mr. MORRILL. It is a general provision, and does not in its terms a ply to one State more than another and all on b one State may derive more benefit from it than another, the provision itself is a general one.
The Clerk read as follows: SEC.21. Am! be 1'! furlbn enacted.That imported goods.wares, or nicrchandicin bond or duty paid and productsor manufacturesof the U.S. may. with the consent of the proper authoritiesof I withdraw my amend. tbe Provinces aforesaidYbetransportedfromone port 3 or placein the U.S.to anotherport or place thercin. over the territory ofsaid Provinces.by such routes and under such rules. regulations and conditions. as the SecyTreasury may pre scribe: Providnd. That the goods.warespnd merchandise so transported shall upon arrival in the U.S. from the Provinces aforesaid.betrraled in regard to the liability to or exemption from duty or tax. as if tircly the transportation had taken place en within the limits of the U.S. Noamendment was offered.
Mr. MORRlLL. Imove to insert the following as an additional section: Abife: That whenever it shrill be showntothesatisfaction of the SecyTreasury that more moneys havu been paid to the collect ors of cnstoms or at ersacting as such.than the law requires should have been paid and where the parties have failed to complywith the requirements of the 14th and 15th seciions of nn notentitled puArnpoascetst.o” increase duties on importsand for other approved Junc 30. 1864. it shall be the duty of the SecyTreasury to draw his warrant upon the Treasurer in favor of the‘person or persons entitled to the over payment.directingthesaid Treasnror to refuiid thosnmcout of uny mony in the Treasury nototherwiso appropriuted: Provided.It shall be made manifest to the SecyTreasury that said non-compliance with the requirements of the above laws was owing to circumstances beyond the control of the importer assignce or agent making said payment.
Mr. GARFIELD. I move to insert the followmg as an additional section: by Abife: That the duty now levied baglasw on gunny bagsor sacks shall be paid on such or sacks whether they are imported empty or containing merchandise. I offer this in conformity with the spirit and meaning of the law as it now stands.
Mr. MORRILL. I' hope the amendment will not be adopted. for this reason: we have made a very heavy discrimination against giiniiy bags in the importation of salt in sacks, giving ample protection. We have raised the dutyon linseed, as I think, so that none will hereafter be imported. as oil will now come in lieu of it. I do not think it necessary to say anything further to show that this amendment should not be adopted. The amendment was not agreed to.
The Clerk read as follows: SEC.22. Abife: That this nctshall take effect.except wherein otherwise provided. on the day of.1866 and all actsand parts of acts repugnant to the provisions of this not be and the same twohereby.repealed: Provided. That the existing laws shall extend to and bein forco for the collection of the duties imposed by this act for the prosecution and punishmentof al ollense s and for the recovcry. collection. distribution and remission of all flnes.penalties and forfeiture s.usfnll andaffect equally as if everyregulation. penalty for citurc. provision. clause.matter and thing to t existing at.effectin the laws contained had beeninsertedin and re ednunticetscudpboynthaisllagcot:oAdsn.dwaprreosv.i and further. That the ported from foreign countries. notmperrocvhidaenddisenn this act shall be and remain as theywereaccofordr ining to existing laws. prior to the lat ofJunc. 1866.
Mr. MORRILL. I move to amend the section just read by inserting in the 1st blank the word “1st” and in the 2nd blank the word “ August, ” so as to read “the 1st day of Au ust.”
Mr. McRUER. I move to amend the amendment by inserting “the 1st day of October.” The amendment to the amendment was not agreed to.
Mr. MARSHALL. I move, proformd, to amend by striking out “66” and inserting “ 70.” I make this motion simply for the purpose of saying that I am opposedto this entire bill. I presume that no opportunity Will be afforded, either in the ComWhole or in the House, for a full discussion of this question. Hence I take the opportunity now to ask the privilege of havmg printed as a part of the debates a statement of my objections to this measure.
The CHAIRMAN. The Chair hears no objection, and permission is granted.
Mr. HALE. I rise to a question of order. I submit the point whether the ComWhole has power to grant consent for the printing of a speech; whether such consent must not be ranted by the House.
The CHAIRMAN. The Chair understands that, according to the every day practice, such consent can be granted by the Summittec of the Whole.
Mr. MARSHALL’S remarks will be found in the Appendix.]
Mr. WASHBURNE, of Illinois. I move the following as a substitute for the pending amendment: That all goods, wares, and merchandise in the hands of importersat the time of the passageof this act shall pay the additional dutieslevied by this act. I ask' whether my friendfrom Massachusetts will not accept that as a modification of his own proposition.
Mr. RICE. of Massachusetts. No, sir. I would like to know how the gentleman proposes to collect these duties.
Mr. WASHBURNE, of Illinois. I will undertake to say the duties will be collected if we pass a law to that effect. I do not see what reason the Gentfrom Massachusetts or any other gentleman can urge against this reasonable proposition. By the imposition of these duties we add so much to the value of those goods, and the question is whether the vast sums which will have to be paid by the consumers shall gho into the pockets of the importers or into the treasury of the Government? It is the principle, of taxing stock on hand which has met With favor sometimes in this House, and at other times has not met with fever. I hope a proposition so just and fair as this bill be adopted. If these duties are to be levie and collected let the increase on the goods already imported go into the Treasury, and not.into the pockets of the importers. Let not these vast, untold fortunes go to the im orters when we know they will have to be paid by the consumers. If they go anywhere they ought to go into the Treasury. I hope the amendment will be adopted.
Mr. DODGE. The amendment of the Gentfrom Massachusetts is in accordance with the uniform practice of the Government ever since we began to have tariffs, except during war. It is certainly just. Orders sent to the East Indies and China, requiring long voyages, under the late tariff would, when the goods arrived in port, be subjected to an increase of duty of from 25 to 50%. beyond what it was when the contract was made.
Skip Skip The committee divided; and there were ayes 61, noes 42. Mr. THAYER demanded tellers. Tellers were ordered; and Mr. Wasnnunzvs of Illinois, and Mr. 'Douoe, were appointed. The committee again divided; and the tellers reported ayes 57, noes 43. So the amendment to The amendment was agreed to.
Mr. MORRILL. I move to strike out the words “and of.” Mr. Chairman, this question is one of no little difficulty. It has decided by Congress in various ways, some times one way and sometimes another. The proposition made by the Gentfrom Massachusetts to exempt goods on ship board would manifestly be improper, for if the goods come here they will of course enjoy the opportunity of obtaining a higher rice in consequence of the increase of the tarig. To exempt them from existing rates of duty, therefore, would actually be a bonus given to the im orter. But when you come to goods in bon it is a different thing. Take the port of NewYork. It is impossible to get goo 5 through the customhouse in much ‘less than a month, and rarely 'even as fast as they are demanded, on account of the insufficient force. Under the cirenm stances, therefore, where the iinporters are ready to pay the duties and cannot get their goods out of bond, it seems to me to be harsh treatment not only to keep their goods against their will for a longer period, but make them pay higher rates in consequence. The position of the Gentfrom Illinois, I regret to say, with his experience, is one which he ought not to have occupied. His amendment is not in proper form. How does it read?
Mr. RANDALL, of Pennsylvania. I rise to a point of order. The amendment of the Gentfrom Illinois has been adopted and is not now under discussion.
Mr. MORRILL. But the amendment to which it is an amendment has not been adopted. The amendment of the Gentfrom Illinois imposes the duty on these goods no matter whether in the cu tom house or in the'hands of the importer. t goes even beyond that, for if it be ado ted, it is to take effect before the law itself. be law does not take effect according to the amendment we have just.adopted until the 1st of August next, while this amendment provides that it shall take effect on all goods in the hands of importers from and after the passage of the act. I desire the House thor oug comes to a vote. I‘do think there is a difference between goods in the customhousewhich. the importer cannot reach if he wishes, and those on shipboard not yet arrived. But if the amendment is to be adepted I prefer it should be put in the proper form. I withdraw the amendment.
Mr. HA i‘. I move to amend the substitute offer by the gentleman. from Illinois by insdrting the word “not” after the word “sheik” so that it will read “shall not pay the additional duties levied by this act." I am 'confident this committee could not have under stood tbe effeot of their vote upon the amendment offered by the Gentfrom Illinois, [Mr. WASKBURNE] The bestility of that genteman to this bill is well understood and I been ly to understand this question before it' certainly do not think I misapprehehd him in supposing this was offered by him simply as a satire upon the whole scheme and object of the bill. The amendment which he has offered is one plainly and palpably unconstitutional, and entirely incapable of enforcement. It applies to goods in the hands of the importer, those goods which the im orter has brought into this country, and pai the tat if upon, which he has in his own possession and control clear of all Government claims. The amendment of the Gentfrom Illinois proposes to put the hand of the Government upon those goods and say, “You shall pay us something ine re for these.” Now, it is just as idle to seek to take the money from these importers by such a provision as this as to enact that the Gentfrom Illinois shall pay to the Government certain moneys from his own pocket. It is not a tax in any sense; it is simply an attempt by mere force, without any authority or process, not in the nature of a tax, to get something out of the hands of certain classes ofindividuals. It is impossible, I think, that the committee in voting for the proposition could have apprencipatd its force. It has not the 1st element of a constitutional proviision in regard to taxation, and I trust the House will not so stultif itselfas to ado teach an amendment to this bil.
Mr. WASH URNE, of Illinois. I will mod ify my amendment by changing the language so as to read “ from the time this act shall take effect.”.
The CHAIRMAN. It is not in order to modify it after the action of the committee upon it. The gentleman can attain his object by a subsequent amendment.
The CHAIRMAN. Debate is exhausted on the pendin amendment.
Mr. SCHENCK. Will the Gentfrom NewYork [Mr. HALE] withdraw the amend.ment?
Mr. HALE. I will withdraw it on condition the gentleman renews it.
Mr. THAYER. The gentleman cannot take me off the floor by that process.
The CHAIRMAN. The question is on agreeing to the amendmentoffered by the Gentfrom NewYork [Mr. Ham] The amendment was disa'greed to.
Mr. BOUTWELL. I renew the amendment to the amendment for the purpose of saying a few words.
Mr. WASHBURNE, of Illinois. Will the Gentfrom Massachusetts [Mr. Bour WELL] yield to me for a moment to modify my amendment?
Mr. WASHBURNE, of Illinois. I desire to modify my substitute so that it will read: Providedfurlher, That all goods.wares, and mer chandise in hand, on which duties have not been paid shall, after this.act takes effect, pay the rates of duty imposedby this act.
The CHAIRMAN. The Gentfrom Illinois [Mr. Washburne] cannot, without unanimous consent, modify his amendment, it having already been acted upon by the ComWhole. He can offer an amend I withdraw the l ‘posts upon them.ment to it ufu r the Gentfrom Massachusetts, [Mr. BourwsLL] who is entitled to the floor, shall have concluded his remarks.
Mr. BOUTWELL. I wish to say that so far as I have any knowledge, the proposition made by the Gentfrom Illinois [Mr. Wasn nusss] is without any authority or precedent, and without any justification under the Constitution of the U.S. The exercise of the power of Congress to levy imports is limited to the time of the landing of the goods. When the import duty has been paid the power of Congress to levy on im ost upon the articles imported is exhausted. Nlow, i the proposition of the Gentfrom Illinois can e sustained under the Constitution by any authority or method whatever, it must be under the provision to levy an excise duty. But the provision of the Constitution in reference to excise duties, as well as to imposts, is that all imposts, excises, and taxes shall be uniform throughout the U.S. Now, what is the proposition before the committee? It is that particular articles in the hands of importers shall be subject to certain duties, while the some articles in the hands of others are to be exempt from duty. Manifestly the whole proposition is unconstitutional and without any justification whatever. Now, ifthe gentleman undertakes to go further, and to levy duties upon all goods that have been im orted, in whosesoever bands they may be foun, ofeourso xproeeeds or attempts to proceed to do that ich is utterly impracticable. Sir, the part of wisdom is unquestionably to reject the whole of this proposition. When the importer has put his g'oods in his own store they are beyond the legislative power of Congress to levy im If we proceed under the authority to levy excise duties we must make them uniform on all articles subject to such duties. Herein this proposition is distinguished from a proposition presented at the last congress to levy an excise duty upon the stock of spirituous liquors on hand.
Mr. WASI IBURNE, of Illinois. I will, by unanimous consent, modify my amendment already adopted, so as to read as follows: And providedfurther, That all goods, wares, and merchandisein bond or in bonded warehouses, on which duties havenot beenpaid, shall, after this law takes effect, pay all the ratesof duty imposedby this ac.
Mr. McRUER. I object to that modification being made.
Mr. wASHBURNE, of Illinois. Then I move to amend my amendment already adopted by substituting what I have just read. The CHAlItMAN. The Chair decides that that motion is in order.
Mr. McRUER. I move to amend by adding the following as an additional proviso; And provided further, That the SecyTreasury aathey shall return to the importerssuchamounts have paid as duty overand abovethat levied by this act on goodsand merchandiseon hand when this act takes effect. Mr. Chairman, if the officers of the various customhouses throughout the country are to go around and find out how many goods are on hand in the possession of the importers, and to levy thereon an additional duty, it is but just that these officers should take around with them their bags of gold to repay to the importers the amounts which the Government has received from them in excess of the duties to be levied by this bill. I hepe, therefore, that my amendment will be adopted if that of the Gentfrom Illinois is to be retained.
Mr. MORRILL. I merely desire to say that the amendment of the Gentfrom Illinois in its present form is imperfect. If he desires that it shall fully accomplish the purpose, he should say “goods in public stores or bonded warehouses.”
Mr. THAYER. I would like to ask the Gentfrom Vermont whether the effect of the passage of this bill would not be to impose duties on goods in bonded warehouses at the time of its passage, and whether hitherto it has not usually been deemed necessary, in order to accomplish the exemption of such goods, to insert a clause such as that which was suggested by the Gentfrom Massachusetts, Mr. RiCE.].
Mr. THAYER. I see no need, then, of the amendment of the Gentfrom Illinois. The amendment of Mr. McRci Ia was not agreed to, there being ayes 40, noes 67. The amendment of Mr. RICE, of Massachusetts, as amended on the motion of Mr. Wasn auazvii, of Illinois, was agreed to.
Mr. ALLISON. foul I thin that this will operate unjustly on the very class of men the entleman wants to protect. We have reduce the duty on ten and coffee, and under the gentleman’s provision these merchants will not have the benefit of that reduction.
Mr. RICE, of Massachusetts. I presume the gentleman wants an answer. It is contained in the amendment I offer, that the rates existin and applicable to these goods shall take effect if it be necessary for the principle whether above or below those provided in this bill. If a merchant senuiut orders expecting to pay 25 cents per pound on ten, let that be the duty collected] when it arrives in preference to establishing the principle that the duties may be increased without notice.
Mr. ALLISON. I think it is unjust to the merchant where the duty has been reduced. Where the duty has been increased the importer will, of course, charge it upon the consumer. They do that at east, in every in stance. Therefore I believe in the amendme offered by the Gentfrom Illinois [Mr. wASHBURNE] and adopted by the committee. I am opposed to the amendment of the Gentfrom Massachusetts, because if we reduce the rate of duty on particulamrticles it seems to me we ought not to impose the highest rate of duty on the importer. Here the hammer fell.]
Skip Skip The committee divided; and there wereayes 24, noes not counted. Mr. RICE, of Massachusetts, demanded tellers. Tellers were not ordered. So the amendment was disagreed to.
Mr. BOUTWELL. I move to insert the following as a new section: Abife: That the SecyTreasury be authorised and directed to suspend the collection of the direct tax imposed by not of CongressvpassedAugust5, 18M, entitled “An act to privido increasedrevenuefrom imports topiiy interJaatnuoanrtyhe public debt, andfor otherpurposes."until 1, 1868 Mr. Chairman, I have only to say it can as well be understood by others as myself that the operation of collecting what remains nn collected of the direct tax in the rebel States operates more harshly upon our friends than our enemies. I hope the amendment will be ado ted. 'h
Mr. MORRILL. I hope the amendment of the Gentfrom Massachusetts will be adepte. It seems to me that we can have hardly any better measure of reconstruction than the one that he has proposed.
Mr. PAINE. now offer the following as an additional section to the bill: 11mlbeiTfurllm world, That the provisionsmade in this not(or the benefitof the Alabama and Flor idn.Railroad Companybe extended to all railroad companiesin the U.S and Territories. Mr. Chairman, this amendment differs in no respect from the amendment alread voted on by the House. That amendment exc uded from its operation the State of Pennsylvania, which was a very good reason why, the House should not favor it, but now that odious discrimination against one of the largest States of the Union having been removed, and the‘provision being entirely fair, I trust it will be adopted unanimously by the House.
Mr. MORRILL. I move that the committee rise for the purpose of terminating debate. The motion was agreed to. So the committee rgse; and the Speaker havin resumed the chair, Mr. SCOFlELDre porte that the ComWhole on the state of the Union had had under consideration the Union generally, and articiilarly the special order, b'eing bill of the case No. 718, to provide increased revenue from imports, andp for other purposes, and had come to no resolution thereon. THOMAS GLASGOW. On motion of Mr. SCHENCK, it was ordered that the petition of citizens of the State of Tennessee, praying for the allowance of an invalid pension to Thomas Glasgow, a soldier. in the war of 1812, be withdrawn from the files and referred to the ComInvalidPens.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonsrzv. its Secretary, announced that the Senate had passed a bill (S.No.867) entitled “An act to extend the time of letters patent issued to Thaddeus Hyatt, ” in which the concurrence of the House was requested. TARIFF BILL LAOAIN.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the special order, with the exception of the last section, be closed in one minute after the committee shall resume the consid. eration of the same. The motion was agreed to.
Mr. MORRILL.‘ I move that the rules be suspended and‘ the House resolve itself into the ComWhole on the state of the Union on the special order. The “tion was agreed to. So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being the bill (H. It. No. 718) to provide increased revenue from imports, and for other purposes.
Mr. MORRILL. We have already voted on the amendment of the Gentfrom Wiscorr sin, and I trust it will e again voted down.
Skip Skip The question was taken upon Mr. Parsn’s amendment; and there were ayes 46, noes 76. So the amendment was disagreed to.
Mr. AMES. I offer the following as a new section: Abife: That from and after the lpoawsnsaiggeof lhis notthere shall be allowed on the fol articles when exporteda drawback equalto the nine nnt of duties paid on the imported materials usedin themanufacturethereofless5%. on the nine nntof such drawback, which shall beretained for the useof the IU.S and such drawback shall be ascertained in accordancewith regulations to be prescribed by the SecyTreasury, namely: on mowmg machiiies, reaping machines. plows. axes, hatchets. scythes. cotton Rips, shovels, spades, hoes, buy and manure forks, chisels, angers and carpenters’tools.
Skip Skip The question was taken, and The amendment was agreed to aycs 53, noes 42.
Mr. McItUEIt. In accordance with the understanding some time since, I propose to amend section 6 on page 28 by striking out in line 27 the words “on and” and inserting in, ion thereof “shipped;” so that the clause will read, “ and any wines, brandics, or other spirituous liquors imported, shipped after the 1st day of October, 1866, in any ess uaritities than herein provided for shall be iorfeited to the U.S."
Mr. GRISWOLD. I would ask the Gentfrom Ohio [Mr. GARFIELD] if he does not believe that if all the facilities had been furnished to the ComWays&Means which such a bureau as is here contemplated could furnish, this tariff bill would have been perfected and we would have been able to close our session by the 1st of June last.
Mr. GARFIELD. We might have been home by the lst day ofJune, with a complete tariff, and one that would have reflected credit upon long ess. ] ere the hammer fell.].'
Mr. FARNSWORTH. I do not rise to debate this proosition, but merely to make a sug estion. "he chairman of the ComWays&Means, Iunderstand, will consent to give us iv separate vote in the House upon thtlauproposition to strike out this section.
Mr. VAS BURNE, of Illinois. I will not object to the arrangement proosed b the Gentfrom Vermont, [Mr. l onniimj pro. vided he will agree not to call the previous question, so as to cut off any motion to postpone the consideration of this bill to some time in December next. 'Mr. MORRILL. The Gentfrom Illinois LMr. Wasnnusxa] knows it is not necessary to make any such stipulation as that, because the House can refuse to 2nd the call for the previous question, if the call should be made, should they desire to postpone the bill as the gentleman suggests.
Mr. DAWES. I desire also to have an understanding with the Gentfrom Vermont [Mr. MonaiLL] that I may be permitted to make a motion to recommit' this bill with instructions to the ComWays&Means.
Mr. MORRILL. I think the motions I have already consented to allow to be made are sufficient for the purpose of testing the feeling of the House in regard to this bill. The question recurred upon the amendment of Mathasson to section 23 of the bill.
Mr. DAWES. I move to strike out the last word of the 23rd section, simply for the purpose of inquiring of the Gentfrom Vermont [Mr. Monitii.i.] if he will permit me to move in the House to recommit this bill and pending amendments to the ComWays&Means with instructions to report the same back at any time. If not, I shall be obliged to move that the committee rise and recommend that to the House. I will make that motion unless I can accomplish the purpose without it.
Mr. MORRILL. I willerniit that, asI desire the hill shall be at in the shape m which the House wants it be ore a test vote is taken. Of course this is with the understandin that there shall be no motion to lav on that a is.
Mr. WILSON, of Iowa. I submit the following proposition: Renol ed, That the committeerise and report the bill to the House with a recommendationthat.it be recommittedtotho ComWays audMenn with instructions to report a bill ombraom the BE“. 1 section of thopending bill: the s'ixth an twelt h sections. as originally reported and includiua the nmondnimtn relative to the duty on teaand mice the duties on linseed, flaxseed.hempseed, rapeseed and upon oils manufactured therefrom, as provided in the bill: areduction of the duty on railroad iron to 70 cents per 100 pounds: a reduction of all other ratesembodiedin the bill to a standard not hiizlierthan the actual necessities of the interests atwtfecnctteyd titvheerpeebry requiro. not exceedingin any case cent. abovethe rates now fixed by ltaiown:s, and section 14 and all subsequent.sec may rewqiuthires.uicfhacnhya. ngesas previous mo ifications
Mr. DAWES. I asjc the gentleman to accept the tollowmg as a modification of his proposation: Resolved, That the committee rise and report the bill to the Housewith the recommendationthat the same be recominittedto the ComWays&Means with instructions to report the same back at thenextsession, with such modificationsapdchanges as they may seefit.
Mr. ROSS. I have an amendment wnch must be acted on before any motion to rise conbe entertained. I move to SirlkO‘OUt “ 30 500" and insert “ 20 '500; ” so that the section will read as follows: SEC. Abife: That thereshall be establishedin and attachedtot e Deptof the Treasury a bureau to be styled the Bureau of Statistics and the SecyTreasury is hereby authorized to appoint a Director to superintendand conduct the businessof said bureau.who shall be paid an annual salary of $2.500. Mr. Chairman, I have no remark to make further than this IS another effort to reduce the expenses of the Government. The amendment was disagreed to.
Mr. WILSON, of Iowa. If the Gentfrom Vermont will give me an opportunity to offer the resolution in the House, I will now withdraw it.
Mr. MORRILL. I will. I move that the committee now rise and report the bill. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Scorirzui re. porte that the ComWhole on the state of the Union had, according to order, had under consideration bill of the House No. 718, to provide increased revenue from im orts and for other purposes, and had directed iiim to report the same ack to the House with sundr amendments. An then, on motion of Mr. MORRILL, (at 4 o’clock and 50 minutes p. in.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. the"were presentedunder the rule and referredtothe appropriate committees: By Mr. MYERS: The petition of Samuel Wilson. PIshaialaed Melapnhnia.aenmd p4l6oyoethdeinrsm.reasniudfeancttsuorifng Freasntakbfolirsdh. pmreontetsc.t for the passageof an amended tariff bill to American labor. deAlplshoi.a.thseettpinegtition of William B. Contes.of Phila Navy forth that on his application. the Deptgrantedhim permissionto testhis submarinebattery and after puttinir him to exease failed to give himtho cooperationrequired.an asking Congressfor a grant of moneyto test.his invention or purchaseit.
@@@IN SENATE SENATE. TUESDAY, July 10, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. HENDRICKS, and by unanimous consent, the readin of the Journal of yesterday was dispensed wit.
Skip Skip PETITIONSAND MEMORIALS. Mr. MORGAN presented the petition of the NewYork and Virginia Steams ip Company, praying for payment for the steamers Yorktown and Jamestown, which were seized by the rebels in 1861 and converted into gunboats and used by the rebel government; which was referred to the ComClaims. Idealso presented a memorial of the Chamber of Commerce of the State of NewYork, praying for the passage of a bill securing uni oripity in the postal system of the different nations of the civilized world, by declarin that the half ounce avoirdupois shall, for posta purposes, be deemed and taken as the equiva ent of 15 grammes of the metric weight; which was referred to the select ComCoinage, weights and measures. He also presented resolutions.of the Chamber of Commerce of the State of NewYork, in favor of the passage of the JtResolution now pending before the Senate repealing so much of the act relative to steamship service between California and China as requires the mail steamship line between the U.S and China to touch at the SandwichIslands; which were ordered to lie on the table.
Mr. NYE presented the memorial of James Roach, praying for compensation for services rendere in Ireland during the late rebellion in behalf of this country; which was referred to the ComForRel. FENIAN MOVEMENT.
Mr. STEWART. I offer the following concurrent resolution, and ask for its consideration at this time: Remloed by the Senate. ( the HoRep concurring.) That the President be and is hereby requestedto intarposethe goodofficesof the U.S.to procure the releaseand dischargeof persons now eldin the Canadas and elsewhereunder the authority of the Government of GreatBritain. chargedwith participation in the socalled Fenian movement. Mr. FESSENDEN. The Senate is rather thin now.
Mr. STEWART. Very well; I will consent to'let the resolution lie on the table for the present. rumours op COMMITTEES.
Mr. WILSON, from the ComMilAffrs , to whom were referred sundry petitions and memorials of odicers of the Army of the U.S., prayin for an increase of compensation, asked to be iscliarged from their further consideration; which was agreed to. BILLSINTRODUCED.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.416) extending time to the Alabama and Florida Railroad Company for the payment of duties on railroad iron; which was read twice byits title and referred to the Committee onFinance.
Mr. WADE asked, and b unanimous consent obtained, leave to introduce a bill (S.No.417) to incorporate the Washington and George town Ferry Company; which was read twice by its title, referred to the ComDistCol, and ordered to be printed. CALIFORNIA LAND TITLES.
Mr. SAULSBURY. In pursuance of a notice which I gave yesterday, I ask leave to introduce a bill with a view to its reference to the ComJudiciary. Leave was routed to introduce a bill (S.No.415) to amen an act entitled “An act to grant the right of preemption to certain purchasers on the Soscol ranch, in the State of California; ” and it was read twice by its title.
Mr. SAULSBURY. I move that the bill be referred to the ComJudiciary.
Mr. HENDRICKS. I will say to the Senfrom Delaware that that question has been somewhat considered by the ComPubLands, and properly, I suppose belongs to that committee, though I have no choice about the committee to which it shall go.
Mr. CQNNESS. I move that the bill be referred to the ComPubLands.
The PRESIDENT protempore. The ending motion is that of the Senfrom ela ware that it be referred to the ComJudiciary.
Mr. CONNESS. I hope the Senator will consent to lot it go to the ComPubLands.
Mr. SAULSBURY. I am aware that the matter has been before the ComPubLands, and this is a bill to amend an not reported by that committee. I know nothing about the case myself; I only present the bil at the request of parties who feel a'deep interest in it, and who desire, as there are questions of law involved in it, and they suppose that the AttyGen has given an opinion, that it be referred to the ComJudiciary. Personally it makes no difference to me to what v 0 proved March 3.1863. committee it is referred, but as there are questions of law involved, it is proper, I apprehend, that it should go to the ComJudiciary.
Mr. STEWART. I do not think itinvolvea any questions of law more thait any ordinary legislation in relation to public lands. The matter has been before the ComPubLands in various forms of legislation. There is no question of law involved in the proposed bill that I know of more than in ordinary legislation connected with the public lands.
Mr. SAULSBURY. The honorable Senator may not be aware new, because he may not have thoroughly examined the subject, that there are questions of law involved in it, and yet, although he is not aware of the fact that such questions are involved. it is possible that there may be. It is true the ComPubLands have had this subject before them; and this is a bill contemplatin an amendment to an act which was reporte by that committee Originally, and which has been passed by both Houses. There are questions of law involved, so much so that it has been thought to be necessary to take the opinion of the AttyGen.
Mr. HEi DRICKS. I ask the Senfrom Delaware if this bill contemplates a review of the opinion expressed by the AttyGen in regard to existing laws. Does it involve a reexamination of the questions that were once presented to the AttyGen?
Mr. SAULSBURY. I know nothing about the bill further than this: it was placed in my hands to be offered to the Senate y gentlemen who feel a dee interest in the matter, and who wish to have tejudgment of the ComJudiciary upon the questions of law which they say necessarily arise in the case.
Mr. HENDRICKS. Then we had better let it go there.
Mr. CONNESS. I have moved that this bill be referred to the ComPubLands. I want to have a vote upon that question.
The PRESIDENT protemporc. There is a motion already pending that the bill be referred to the ComJudiciary. That motion is yet undisposed of.
Mr. CONNESS. I hope that reference will not be ordered. This is a bill to amend a former act relating to public lands, and I be c it will go to the ComPubLand, and not to the ComJudiciary, as now moved.
Mr. HENDRICKS. Without knowing what this bill provides, it is impossible to say which committee it ought to go to. The ComPubLands reported a bill 2 or 3 years ago, and it became a Iaw, regulatin the rights of the settlers upon what is calle the Soscol ranch, in California a very valuable piece of land. The contestants brought their cases before the GLO, and a decision was there made. The question went to tie SecyInterior, and he took the opinion of the AttyGen upon the construction of the law that was passe 2 or 3 years ago, as I understand it. If this bill intends to change the law in view of the decision of the AttyGen, I think it oughtto go to the ComJudiciary, if that is the effect of the proosition; but if it is simply a bill regulating the public lands in California it seems to me it ought to go to th' e Land Committee.
Mr. CONNESS. I will say to the Senator, before he closes, that it does not propose that at all, but prooses to amend the former act.
Mr. HEND tiCKS. If the amendment rests upon the opinion of the AttyGen, I suppose it ought to go to the Committee onthe, Judiciary.
Mr. CONNESS. I call for the reading of the bill. [“Oh, no."] It is very short, containing only one section.
The Secretary read the bill, as follows: Abife: That an not entitled “An act to grant the right. of procmptionto certaip purchaser: on the Soscolranch.in the State of California, ” ap be, and the some is hereby. amendedby adding the following proviso to section two of said act namely: Provided, That notmorethan 160 acres shall heentered or purchasedof the Government by anyone person under or by virtue of the provisionsof said act.
Mr. CLARK. I happen to know something in regard to the act to which this bill refers, which was passed, I think, in 1863, and I happen to know something of the manner in which it went through the Senate. I have also been informed ofand seen the opinion of the AttyGen, which, somewhat to my surprise, I think alters perhaps the rights of the preemptionists in all the country; and the question arises, as a matter of law, what shall be done with that act, what amendment should be made to it, or what legislation there should be on the subject. I think it is highly proper, as a matter of law, that this question should go to the ComJudiciary and be settled by them. It is not. a matter very much affecting the public lands. butit is a matter very gravely affecting the right of the preemptionists under the laws of the land, and so becomes particularly important for the consideration of the ComJudiciary. I think itshould go in that direction. I know some of the efforts that have been made in regard to this matter in the history of legislation, and I think the thing should be very carefully considered before it makes further progress.
Mr. CONNESS. I, too, know something about this question, for it affects the people that I represent very deeply and materially. The efforts that have been made in this connection have kept a section of the country that I represent here in turmoil for 3 years last past. The question has been settled by the tribunal of highest resort; and now it is proposed again to reopen for 3 or more years ouger all the turmoil and difficulty that have passed. It is clearly a question for the ComPubLands, if any, to consider, and not for the ComJudiciary. I have confidence in the ComJudiciary of this body, but there is no propriety in sending the question involved in this bill to that committee. The question is as to whether certain parties shall( have exceeding 160 acres of land. It is not proposed to review the opinion of the AttyGen alluded to. If the opinion of the AttyGen is not good law, if it restricts the general preemtion laws, then let the ComPubLands, who properly have charge of that subject, introduce such a change in the preemption laws as shall meet the case; if there be difiieulty in the case, it is their prov ince to do that. Why this bill, which prouses that certain parties in the State of California shall enter not to exceed 160 acres of land, should be sent to the ComJudiciary of this body, as againstthe ComPubLands, Icannot understand, and I hope it will not be sent to that committee.
Mr. CLARK. I do not suppose that the turmoil and trouble which this case has occasioned are to be settled at once by the reference of this bill to the ComPubLands or to the ComJudiciary. I know there is a great' deal of trouble about it; I know there has been a great deal of trouble about it: and I know there will be a great deal of trouble about it; and the Senfrom California, though he may know agreat deal in regard to the lands in California, as he undoubtedly does, will not be able, with all his power, to settle the difficulty. The question now is a question of law. How far this opinion of the AttyGen, which the senator enlls the highest tribunal
Mr. CONNESS. I did not call it the high est tribunal.
Mr. CONNESS. I did not mean the AttyGen, with the Senator’s leave.
Mr. CLARK. Then I am under a misappreliension in regard to what the Senator did mean, and I am at a loss to know what he did mean.
Mr. CONNESS. I will tell the Senator. if to it; and in that view I think it should go to he will permir mo.
Mr. CONNESS. I meant the InteriosDept. These questions of the adminis tration of the land laws belong, 1st, to the GLO, ‘lind, upon appeal, to the SecyInterior. I alluded to the decision of the head of that dept.,
Mr. CLARK. I supposed tiat: he meant the opinion of the AttyGen, because the Senfrom California, I take it, well knows thab the Interior Dept referred it to the AttyGen and took his opinion, which wns beyond that
Mr. CLARK. Exactly; I understand it; and now the question comes to be settled use matter oflaw, how far that opinion oes, and what effect it has upon the land titles of the country. It seems to me eminentl proper that this matter should go to the ComJudiciary, that they maysee what is the effect of that. I have no desire to take it from the ComPubLands for any purpose l except to settle what may be the law in regard the Judiciar Committee.
Mr. COlness. I regret to occupy the time of the Senate this morning on this subject, for lam very anxious to get to business of more importance, But, sir, what does this bill propose to do? Does it proposein any manner to review the opinion of the AttyGen? Is the opinion of the Attygen referred to in it? Not at all: It provides that an not entitled ‘An act to grant the right of pre‘emption to certain purchasers on the Soscol ranch, in the State of California, approved March 8, 1863, be, and the same is ereby, amended by adding the following proviso to section 2 of said act.” And then follows the proviso. There is not the most distant reference to any opinion. It is clearly a question of the practical disposition of land, and I am only astonished that there should be any objection to its going to the regular committee.
Mr. POMEROY. I have no feeling about this matter, and if Senators desire to send this bill to the ComJudiciary, of course I shall not objectto it. We have had this, among other questions from California, before our ComPubLands for 4 years. We thought. we settled it rightin the bill to quiet land titles in the State of California. If any other committee after devoting 4 years to it can come to any better conclusion, I shall be glad to have them do it.
Mr. CLARK. It seems to me the Senfrom Kansas ought not to have any feeling on this subject.
Mr. POMEROY. Certainly not. ‘Mr. CLARK. But it is an exceedingly nar row view which the Senfrom California now attempts to press upon the Senate. that the bill of itself has no reference to the Attor ney Generufs opinion. The Senator must know as well as Fknow that in settling the questions propounded in that bill and settling tedisposition of the bill, the whole thing must be reviewed. It is true the bill does notalliide to it in terms, but does allude to the matter in such away that the whole thing must come before the committee.
Mr. POMEROY. I submit that if a committee are to review the whole question they should begin at the be inning of the session. The whole question of and titles in California is the most complicated question that has arisen in any of the States. If that whole question is to be gone into, a committee wants to begin at the beginning of the session, because we have certainly spent 3 Congresses upon it.
Mr. CLARK. That would be an objection to referring it to any committee if an objection at all; but.I do not apprehend that it is going to take so much time. However much time it may take, it ought to be done thoroughly and done well. I have no doubt the Land Committee would do itwell, butthe ComJudiciary is peculiarly a committee for the pur, pose of investigating qncetimis of law, and itI a I ifornia a bill should betlrnivn. seems to me that this bill ought to go to that committee.
Mr. STEWART. The ComPubLands have already considered the subject, and they think they have considered it fairly and have done well. They reported a bill to this body which was thoroughly discussed, and it has they think well settled the question. I believe that the community are satisfied with the settlement, and I believe that equity and justice are fully accorded to all parties in that settlement. 1 do not believe a better settlement can be had; and at this late dayit seemsto me very proper that any new bill on the subject should go to the committee that has already considered it. It is simply a question whether the purchasers and occupants under a certain grant shall enter and buy more than 160 acres. After a careful consideration of all the equities and hearing all parties, the ComPubLands decitiird that they might buy what they had in possession, so that the community should remain undisturbed. This bill prooses to reopen the whole thing, to cut them own, and go into the same questions that have been before the ComPubLands all this time. It presents no new question that has not been already considered. It seems to me that if this matter properly connected with the public lands is to be taken from that commitee and given to the ComJudiciary, it must be simily because gentlemen believe the ComJudiciary will exercise a better discretion. I am on both committees, and it is entirely immaterial to me personally which committee the bill goes to; but it seems to me it will be a reflection on the ComPubLands to take from them a matter that has been so thoroughly and I think fairly canvassed and determined by that committee.
Mr. SAULSBURY. In making thismotion I intended no reflection upon any committee of the body. In fact, Ikuow nothing about the case; I simply acted toward the person who handed me the bill to present to the Senate as I would act to anyone else. He told me that he had a bill which he wanted me to present to the Senate, and he requested me to offer itaud ask its reference to the ComJudiciary. I did in this case what I would do in any other. Ihad no knowledgeof the merits of the case, and I have no feeling in reference to the matter; but I thought it was due to a citizen of a State even that I did not re esent, having amcasure which he wished to be Eli ought. to the consideration of the Senate, to present it to the Senate, and ask that it be hear fairl. I am perfectly content, as far as I am individ equally concerned, with any course which the Senate may adopt. I havesimply acted in this case as I would act in any other, to oblige an individual who, though a stran er to me, bad business to present to the consideration of the bed of which Iam a member. lt
Mr. CONNESS. Will the Senator allow me a word in that connection?
Mr. CONNESS. House at the time; and desiring to know the name of the writer I got the letter, but it was expunged by ink and cOvered so that it could not be interpreted. I
Mr. HENDRICKS. As soon us enough of that letter had been read by the Clerk so that the Speaker could know its character, he stopped its reading instantly, as aipresiding officer having a high appreciation 0 his duty and of the rights at other gentlemen would do, and making 11marked contrast between himselfand the high sentiments that govern him and the representative that would send such a document to be read, obliterating the name of the writer before he would allow it to go to the country. I was very careful in the prearution of that bill, as the Senfrom Califldrnia very well known, and would not trust my own judment; but I thought it was safe to trust the judgment of the ComrGLO, and of the surveyor general for California, who had come on here, asIunderstood, to give his experience and his knowledgein aid of on gress in le 'slating on this troublesome question. Ca ifornia titles ought to be settled. There is nothing of reaterimportance in that State; and I am ad that we are likely to arrive at some result. So far as the particular reference of this bill is concerned have no choice.
Mr. CONNESS. I cannot let this opportunity pass, having been present when the letter alluded to was read in the other House, and having examined and read the whole letter myself, without saying that in my opinion it was 1st written by a maniguorant of the subject upon which he wrote, next a man evidently governed' by his interests in the connection; and a more marked case of impropriety than its introduction I never was witness to. Neither, air, was I ever witness to a grosser and more happened to be in the' unmerited and unjust attack than it made upon the Senfrom Indiana; for I take pleasure in bearing testimony to the fact that in connection with all these questions of lands, upon the one proposition in which he was condemned in that etter, namely, a disregard of the settlers’ interests, he has been peculiarly careful and precise.
The PRESIDENT protem are. The question is on the motion to refer this bill to the ComJudiciary. The motion was not agreed to; there being, on a division ayes 12, noes 17.
Mr. CONNESS. Now I move to refer the bill to the ComPubLands. The motion was agreed to. ADMISSIONS TO THE FLOOR.
Mr. GRIMES. I ask for the reading of the 48th rule of the Senate.
The PRESIDENT protempore. It Will be read.
The Secretary read as follows: "48.No personlflnll be admittedto the floor of the Senate.while in session.except as follows. namely: the officers of the Senate.membersof the HoRepand their Clerk. the POTUS and his Private Secretary. the headsof Depts.foreign ministers. exPresidents and exVEEPs of the U.S. exSenaters Senatorselect. judges of the Supreme Court and Governors of Statesand Territories."
Mr. GRIMES. I think every Senator has observed that there has been a very great relaxation of this rule of the Senate in practice, and I have waited a long time until an opportunity could occur when I might call the attention of Senators and of the Chair to the subject of this rule, no one being present occupying a place in the Senate who ought not to be here, so that any remark I might make aboutit might not be regarded as invidious. I desire now to say that so long as this rule existsI shall insist upon its strict observance. GOVERNMENT INSANE ASYLUM.
Mr. HENDRICKS. I move to take up for consideration Hons bill NO. 726, which has been reported from the ComDistCol. The motion was agreed to; and the bill (H.R.No. 726 to extend to certain persons the pIi ivilege o admission in certain cases to the U.S. Government Asylum for the In sane was considered as in ComWhole. It provides that civilians employed in the service of the U.S., in the quartermaster’s dept and the subsistence dept of the Army, who may be, or may hereafter become, insane while in such employment, shall be admitted on the order of the SecyWar, the same as persons belongin to the Army and Navy, to tie ben efits of t m Asylum for the Insane in the DistCol, as now provided by law in reference to soldiers and sailors in the Army and Navy. It also provides that the following classes of persons, under the circumstances named, shal be entitled to admission to the asylum on the order of the SecyWar if in the Army, or the SecyNavy if in the Navy, to wit: 1st, men who, while in the service of the U.S., in the Army or Navy, have been admitted to the asylum, and have been afterward discharged therefrom 'on the supposition that they had recovered their reason, and have, within 3 years after such discharge, become again insane from causes existin at the time of the discharge, and have no a equate means of support; 2nd, indigent insane persons, who have been in the same service and' been discharged there from on account of disability arising from such insanity; 3rd, indigent insane persons, who have become insane within 3 years after discharge from such service from causes which arose during and were produced by said service. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. SUPREME COURT Junoss.
Mr. JOHNson. Is that the only amendment reported by the committee?
Mr. TRUMBULL. That is the amendment 'we reported from the committee. I propose offering another amendment, upon which the committee has agreed since the bill was reported.
Mr. JOHNSON. I ask the honorable member to send to the Chair that amendment that it may be read in connection with the other. I do not know that I understand this alone.
Mr. TRUMBULL. Perhaps I had better explain. The bill as it came from the House provided that the judges of the Supreme Court should be 8 associate justices and one chief justice, and arranged the 9 circuits for the 9 judges. Our committee have agreed to some alteration in those circuits as the House had arranged them. That is the amendment now pending. But the ComJudiciary have instructed me further to report an amendment not to fill the vacancies until the whole number is reduced to 7; but still the circuits will be 9, because there are 9 judges tit present, and whenever the number on the bench shall be reduced hereafter it will involve the necessity of changing the circuits at a future time.
Mr. JOHNson. The circuits must be mod ilied.
Mr. TRUMBULL. The circuits will have to be modified as from time to time the number of judges decreases. We arrange them now according to the number of judges there are, so that the Senator will see we can act on this amendment now, and then I shall otfertho other.
Mr. SHERMAN. The arrangement of the circuit in which I live would be very inconven ient as imposed by the amendment. I much prefer tie original bill in that respect. I do not wish to interfere with the general arrangement of the circuits, but I know that the circuit in which Ohio is now proposed to be put. will contain about 5 million people, and will contain at least 6 separate districts, extend ing over aAvast region of country. I submit to the chairman o the ComJudiciary whether we had better not leave the circuit as it. stood in the original bill. WestVirginia, Ohio, and Michigan would make a circuit of about 3 and a half million people, more than the average, with a large amount of busi ness. Michigan has 2 districts with a very large water coast and a great deal of business. Ohio has 2 districts, the court sitting| at Cleveland and Cincinnati, with a large amount of business. WestVirginia added to them will be a circuit large enough; while the proosed circuit is Ohio, Michigan, Kentucky, an Tennessee, spreading over a vast region of country, with 5 million people, and with more business I think than oug t to be embraced in one circuit. I therefore prefer the arrangement, so far as the circuit in which I live is concerned, in the original House bill. I hope the senator will allow it to remain so, if he can in bar mony with the rest of the bill.
Mr. TRUMBULL. The circuits are necessarily lar e. The Senfrom Ohio is' aware that a bil has passed the Senate and is pending in the other House to relieve the supreme judges entirely from circuit duty and establish an intermediate court of appeal.
Mr. TRUMBULL. And that court will be held at but one place in each judicial circuit.
Mr. TRUMBULL. It will be a court of appeals. It will be held at but one place in each circuit. The circuit in which Judge Swayne presides is large, and perhaps there will be more business in it than in some of the other circuits; but necessarily, the Son ator must see, the circuits have to be very large, and the Senators from WestVirginiaI think the Senators; if not the Senators some other persons thought it would be entirely better that WestVirginia should be in the same circuit with Virginia and Maryland. Their laws and their mode of practice are more in conformity with those of those States as a matter of course, havin been a part of Virginia formerly, while there is no similarity between them and the proceedings in Ohio. Under the system that is to be adopted there is to be but one place of holding the appellate court in each circuit. In the bill that passed the Senate, I do not know where it was fixed in that circuit; but the House is proposing to change the place that was fixed upon, andI do not remember where they proposed to change it; but that bill has not yet passed the House. The Senfrom Ohio will see that there will be no traveling over the circuit; and after considering the matter as well as we could it is difficult to arrange these circuits so as to suit every local interest taking every thing into' consideration, the committee agreed upon this arrangement as the best we could make, and I hope the Senate will hot change it. The change of one will involve the change of others.
Mr. SHERMAN. But it involves very may terial interests. I will state to the Senator that the bill, as it passed the Senate, fixed the court for this circuit at Cleveland. It is convenient for the judges, convenient for Michigan, convenient for WestVirginia, and convenient for the 2 districts of Ohio, while, if it is put at Columbus, we have no courthouse there; we shall be compelled to build n'courthouse there; neither ot the judges live there except Judge Swayne; neither of the district judges live there. It would be expensive and in convenient to compel all the suitors to go to the interior of the State of Ohio instead of Cleve land, the properplacc. I shall vote against the amendment. lt y colleague is familiar with it, and the Senators from Michigan know that the business relations of the 3 States of WestVirginia, Ohio, and Michigan harmonize very well; and by having them together it would enable the court to be held where it is conven lent. I do not wish to embarrass the bill;I simply want to have our court held at the place where it is convenient for our people. Mr. TRUMBULL. This bill does not provide the place where it is to be held.
Mr. SHERMAN. Iknow; but this arrangement necessarily compels the court to be held probably at Cincinnati, and makes the circuit reach from Tennessee to Michigan.
Mr. TRUMBULL. Is there any objection to holding the court at Cincinnati?
Mr. SHERMAN. None, except that it is so remote from a great portion of the circuit. It will comprise over 5 million people with a large coast along Lake Erie and ake Michigan, and stretching from the extreme northern boundary of this country on Lake Superior to the south boundary of Tennessee.
Mr. TRUMBULL. Ifthe Senator will look at the bill as it came from the HoRep, he will see that that circuit is not near as large as Maryland, Delaware, Virginia, NCarolina, and SCarolina, which constitute the 4th circuit by the bill; it is not near as large as Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, which constitute the filth circuit by the House bill.
Mr. SHERMAN. It is much larger in population.
Mr. HOWARD. I desire to inquire of the chairman of the ComJudiciary where the court of appeals for that circuit is to be held according to the bill which is now pendin in the House.
Mr. SHERMAN. It is to be held at Cleve land, as the bill passed the Senate.
Mr. JOHNSON. I think the House committee refuse to alter it to Columbus.
Mr. O YARD. The most convenient place for my State would be Cleveland.
Mr. TRUMBULL. That question is not before us now.
Mr. HOWARD. Butif you alter the circuit as suggested by this amendment. you will have to change the place of holding the court o'f appeals.
Mr. TRUMBULL. That is not the question now.
Mr. HOWARD. I think it comes in very fairly here. The circuit Would be entirely too lar e. I shall vote against the amendment.
The PRESIDENT protempore. Is the Senate read for the question on the amendment?
Mr. TRUMBULL. It is changing the circuits as the House have them. The U.S. are divided into 9 circuits.
Mr. FESSENDEN. It does not change the 1st.
Mr. TRUMBULL. No, sir; nor the 2nd. It changes the 3rd circuit by putting another State in it. It equalizes them, as we think, better than is done in the House bill. I hope this arrangement will not be interfered with, for if you commence in the Senate, on motion, to change one circuit you have got to change the others, and then eventually you will have to refer the bill back to some committee to arran e them all. I think they are as fairly arrange as they can be. The Senfrom Ohio says this is a large circuit. It is not any larger than some others.
Mr. TRUMBULL. The circuit in which Ohio is situated, the 6th circuit by the amendment of the committee. The amendinentprovides, “that the districts of Ohio, Michigan, Kentucky, and Tennessee, shall constitute the 6th circuit.”
Mr. JOHNson. The 1st and 2nd circuits are not interfered with.
Mr. TRUMBULL. No, sir. I trust the amendment of the committee will be adopted.
Mr. HOWARD. Ihopeit will notbe adopted, for the reason that this 6th circuit is entirely too large in comparison with the other circuits, in my 0 inion. It embraces a vast surface of the territory of the U.S., commencing upon the divisional bouiidnryliiie at the north, and terminating at the south with the southern boundary of '1 ennessee. The population of that circuit at the present time, I suppose, must be at least 6 millions, probably even more than that. I imagine that t iis is the largest circuit that has been carved out, and covering a vast tract of country, and it will be next to impossible for the people of Michigan to attempt to litigate business before the court of appeals at the place“ where that court will probably be held. If this bill pass it will necessitate the removal of the court of appeals from Cleve land, which is sufficiently inconvenient in all conscience to us now, to Cincinnati, for the accommodation of Kentucky and Tennessee. It will be a most inconvenient and costly proceeding for us to be compelled to go to Cincinnati to try our appeals, and I think unrea sonably so, consuming a vast deal of our time. We might as well come to Washington before the SCOTUS, with just as much convenience and with as little expense.
Skip Skip The amendment was agreed to nyes 19, noes not counted.
Mr. TRUMBULL. There was no other amendment reported by the committee; but since the bill has been reported to the Senate I.have been instructed by the committee to offer an amendment, which is to strike out all of the 1st section after the word “that” and to insert the following: No vacancyin the allies of associatejustice of the SupremeCourtshall be filled by appointment until thenumber of associatejustices shall be reducedto 6, and thereafterthe saidSu remcCourt shall consist of a chicfjustice of the U.S and 6 associatejustices and 4 of whom shall be a qno rum; and thesaid court shall hold one term annu ally at the seatof Government, and such adjourned or special termsas it may find necessaryfor the dispatch of business. The tmendment was agreed to.
Mr. HARRIS. I offer the followmg amendment as an additional section: Abife:, That the Chief Justice. with the approval of the court. mayappoint a mar shal. who shall attend its. sessions, executeits process. take charge of the property of the U.S.used by said court and perform such other duties asmay beby lawfairly required of him. The compensation of said marshalshall be $3,000aycar and eshall collect all fees allowed bylaw on processexecutedand for servicesperformedbyhim, and ghall pay the same into the Treasury of the U.S.
Mr. JOHNSON. I should like to inquire of the honorable mover of that amendment what is the necessit for it. The marshal has been a pointed by the President, with the consent of the Senate, from the beginning'of the Government to the present time. This amendment only provides for a marshal for the Supreme Court. Noinconvenience has resulted from the present mode of appointment that I am aware of.
Mr. HARRIS. The marshal of the court now is the marshal of the DistCol. In fact, that officer is engaged with his other duties in the District attending the other courts in the District, and he is obliged to send an agent or a deputy to attend the Supreme Court of the U.S. The judges of that court desire, and I think it is peculiarly proper, that they should have their own marshal to attend their court to execute the duties of such an officer; and it seems to me proper enough that the court itself should appoint that officer. There is a fitness in it, in iuyjudgment. As I understand it, it will be very litttle, if any, expense to the Government. The fees that that olIicer will receive will amount to as much as the salary provided; The amendment will furnish the court with an officer of their own selection, to be present at the sessions of the court, to attend to the duties and orders of the court, instead of being obliged now to depend upon some deputy or interior officer who may be sent there by the marshal of this District. It seems to me peculiarly proper that this dignified court should have an officer of their own appointment during their session.
Mr. TRUMBULL. Ihope the Senfrom NewYork will not insist on that amendment on this bill. It is an amendment which has not been considered by any committee, has not been recommended, and is brought in here in the Senate to create a new officer for the court. There has been no official communication from the court to the committee on the subject. I have heard nothing of it until it is now proposed for the 1st time in the Senate. I do not know of any necessity there is for the Supreme Court to appoint their own marshal any more than for the judges of the district courts or the judges of the circuit courts to appoint. their own marshals. An officer is furnished under the' law to attend upon all these courts. Ifthere is any comlaint about it, of course I should feel dispose to correct it. I do not see any difficulty that can arise under the present law. But this is a question that has not been considered, and I trust the Senfrom NewYork will not press it, upon this bill at any rate. This bill is for a specific object only. I hope he will let it go over until some other bill shall come in or until we shall have some further information in regard to it.
Mr. HARRIS. I dislike to press this amendment against the wishes of the chairman of the ComJudiciary. It is true it has not been submitted to that committee. amendment has been suggested to me by the judges of the court. It was not an original idea with me by any means; but the moment the suggestion was made, it struck me as so peculiarly fit that I supposed any lawyer any person who was at all familiar with tl usi iiess of the court, would see that'it was proper that they should have an officer of this sort of their own. We all knew, those of us who are at all familiar with the condition of things in the court, that they are without such an officer there, exee t as the marshal of this District, who is unable to attend there much chooses to send them some inferior officer. I am disappointed to find that the amendment meets with the opposition it does from the quarter from which it comes.
Mr. JOHNson. This would be a singular provision, as I think, and one not to be found in any of the States, that I am aware of. You might as well propose that a State court should appoint the sheriff. The marshal here has all the owers of a sheriff in executing process, and it has always been supposed that the appointmentshould be in the executive authority, whatever that might be, and not the judicial authority. There is no instance that I have ever heard of where a court itself was authorized to appoint its own executive officers. I think it is liable to objection on that account. Now, in relation to the practice and effect of the present system, I never heard from any of the judges any ground of“ complaint. The marshal has generally been there in person, but if he was not there, he had some deputy who was apparently faithfully discharging the duties of his place. Isubinit, therefore, to my friendfrom NewYork that at least he had better not press it upon this bill, because it might defeat the bill, or delay its passage, which would be equivalent to a defeat. The amendment was rejected. The bill was reported to the Senate as amended and the amendments were concurred in and ordered to be engrossed and the bill to be read a 3rd time. It was read the 3rd time and passed. NIAGARA SHIP CANAL.
Mr. HOWE. I move that the Senate'proceed to the consideration of the bill (H.R.No. 344) to incorporate the Niagara Ship Canal Company.
Mr. FESSENDEN. That is a bill in which m colleague
Mr. Monniu.] takes agood deal olyinterest. e is now getting well; but I suppose he is unable to come out today on he count of the inclemency of the weather; and I hope the bill will be postponed until he comes into the Senate. e will probably be here tomorrow if the weather is good.
Mr. HOWE. I ask if that request is made at his direction.
Mr. FESSENDEN. No, sir; but I know the fact. He is a member of the ComCommerce which reported this bill, and he The " would like to be present when it is considered; i indeed I know he would.
Mr. HOWE. I think I understand precisely how much interest the Senfrom Maine takes in it and just what his interest is. I have more interest in having him here, I think, than he has in being here, and I have delayed the bill a good while to have him here.
Mr. HOWE. He was here for a short time yesterda.
Mr. I“ “SSENDEN. And probably will be here tomorrow, if' the weather will allow him, as he is now recovering.
Mr. JOHNson. If the honorable member will permit me, the Senfrom Maine not now in his seat told me yesterday that he was exceedingly desirous to be here when this bill should be taken up. It was suggested to take it up yesterday while he was out for a moment, and when he came back he told me that. He did not request me to state it; but I state it as what I am sure is his wish; and I think he added that he had no doubt the Senfrom Wisconsin would very willingly indulge him for a day or 2 longer.
Mr. HOWE. Then will the Senate indulge me in taking up the bill and setting it down as the special order for tomorrow at one o’clock?
Mr. FESSENDEN. With the understanding that it is to be proceeded with if' my colleague is here at that time. MLTRUMBULL. I think that all will agree, inasmuch as the bill is now being put over for the Senfrom Maine, that it shall come up tomorrow without setting it down as a special order. I presume that will be the understanding; and I move now that the Senate proceed to the consideration of Senate bill No. 886.
The PRESIDENTpi o tempore. The motion before the Senate is not disposed of.
Mr. TRUMBULL. I suppose the Senfrom Wisconsin will not insist on his motion.
Mr. HOWE. I will not press it against the wishes of the friends of the measure.I ‘
The PRESIDENT protempore. Is the motion withdrawn?
Mr. HOWE. Yes, sir; I withdraw it. ENLARGEMHNT OF CAPITOL GROUNDS.
Mr. TRUMBULL. There is a misprint in the printing of' the bill at the close of' the 2nd section. It, now reads: Fully releaseand convey to the U.S.all their and eachof their respectiverightsin said titles, to such lands and propertyso purchased. It should read, “all their rights and titles to such lands.” &c.
The PRESIDENT protempore. That correction will be made, ifthere be no objection.
Mr. HOWARD. I will inquire from the Senfrom Illinois whether he.has made any estimate of the probable expense of the purchase which is contemplated by the bill at the present time. The report which he has read was dated in 1861, iive years ago. Between that time and this, I take it for granted, the property has increased in value considerably, and must now be worth, according to asking prices, perhaps half a million at least.
Mr. TRUMBULL. I do not know. The information in regard to that is somewhat conflicting. One member of the committee I do not know whether he is now present informed me that some of the owners had stated to him that they were willing to take the appraisal. I have seen other owners, and theysay they will not take it; but if they do not, then the bill provides for a condemnation. We thought it otter to at a limit on the SecyInterior, that he should not give above this appraisal. The Senator will remember this ap raisoment was made before the war.
Mr. TRUMBULL. And perhaps at one time the property has been much lower; it could have been bought for less. How it may be now I cannot say. There is a difference of opinion about that. My own judgment is that most of the proprietors will be glad to take the amount that the property was appraised at; but if they do not, we now no other way than to proceed to condemn it and pay for it what may be assessed by a jury under the direction of the iroper court.
Mr. HOWARD. I have not been able to discover any very pressing necessity, especially at the present time, for enlarging the Capitol grounds and incurring further expense for that purpose. I do not know wherein the necessity exists. The Capitol has been here for half a century or more, and we have got on very comfortably with it, got on very well with the small atch of ground on which we have been located. Iain not able to discover any great inconven ience from want of ground merely. There is great inconvenience in this Chamber, I am quite aware, owing to the peculiar atmos here with which we are blesse, but I do not now of any necessity for an expansion of the surface that we are occupyin I
Mr. FESSENDEN. I should like to ask my friendfrom Michigan whether he is willing the Capitol should stand as it now is, with no ground beside the wings.
Mr. HOWARD. That would involve such a variety of considerations that it might occupy more time than I should be willing to allow.
Mr. FESSENDEN. I am not willing it she“ stand that way without ground. We mu 0 it at some time or other.
Mr. HOWARD. I merely rose to make an inquiry. I have got a artial answer from my friendfrom Illinois; iiut as to a part of my question he does not seem to have given it at tention, and that is the necessity which exists forextending the surface of the public grounds.
Mr. TRUMBULL. I suppose that is obvious to every one‘s eye sight. Certainly this building, upon which so many millions have been expended, is not to be left here perma nently in this unfinished condition of the 'grounds about it.
Mr. HOWARD. If the capital could be moved into the valley of the Mississippi river, the people there could furnish any amount of ground that might be necessary without any expense. Mr. FESSENDEN. Will they meet the expense of the removal?
Mr. HOWARD. There are some reasons which I think might induce them to take the entire expense of removing the capital, if they had a chance.
Mr. JOHNson. I have great respect for the opinion of the honorable member from Michigan; but I am inclined to think that in this instance he will be thought by the Senate to be in error. I am so well satisfied of that, that I will not undertake to state why I thin: that he is in error. I rise for a different purposc, and I ask the attention, therefore, at my friendfrom Illinois. The 2nd section of the bill limits the SecyInterior, who is to purchase the property, to the sum that was ascertained to be its value in 1861, before the war commenced and amounting, perhaps, as be correctly added it up, to some 36odd 1,000 dollars. That. estimate was made upon the hypothesis that a dollar was a dollar. ow, I want to know from the honorable member whether this valuation is to be paid in the existing currency. I suppose it is. if it is to be aid in that way the owners of the property will not get the value of their property as it was ascertained in 1861, but just so much less as a dollar now is worth less than it was in 1861. Then, my friendfrom Illinois will be kind enough to tell me what is the meaning, in the particular which I have mentioned, of the succeeding section. The 3rd section assumes that the Secretary may not be able to obtain the property by purchase from the present own ers, an it gives, therefore, to the Secretary the authority to have the property condemned under “the provisions 0 this act." I want to know of my friendfrom Illinois whether under that condemnation the jury or the board, who ever mny pass upon the value of the property, can give to the owners more than the amount agcertained to be the value of the property in 1 61.
Mr. TRUMBULL. Surely this has nothing to do with the appraiscinent in 1861. While am up, if the Senator'will allow me, I will answer both his questions. The 1st part of the bill provides for the purchase of this property at private sale by contract. The committee were not willin to leave the thing withoutlimit, to leave the secretary to pay any price he thought proper, and theretyore we have provided in this bill that he shall purchase it at private sale, if he can, at a price not exceeding that appraisoment, of course at a price to be paid in the currency of the country. The Senfrom Maryland thinks that will not purchase the property now. He may be correct in that. I mittee that some of the proprietors, and we were informed that one who owned largely of this property, would accept the appraisement for the property, of course payable in the currency oft e country; others may not; and perhaps this information may not be correct, thong one of the members of the committee, stated that he had the information. Then we have provided, if it cannot be purchased at that price, that it shall be condemned under the direction of the supreme court of the DistCol, and that condemnation has no reference whatever to the a praisement in 1861. The Senator will observe that the 3rd section is not. limited. I do not. suppose it would be competent to limit it.
Mr. TRUMBULL. I apprelieud we should have no right to do so, or perhaps would have no right; it would at least be questionable. I submit, as the Senator has raised that question, whether he thinks we could properly limit it in that way. If so, I should have no objection to putting in a proper limitation.
Mr. JOH SON. My friend misunderstands me. I supposed the section was susceptible of a different interpretation from the one which the honorable member says is the only one which can be nt.11on it.
Mr. JOHNson. If it was susceptible of a different interpretation, I intended to say it was what we could not accomplish. We must give to the owners of procrty taken for public use what the worth of the property is at the time of the taking. should be worth more than $360.000 supposing none of the proprietors are willing to sell, we cannot get it from them without paying them what it is found to be actually worth.
Mr. TrUMBULL. If the Senator will allow me, I will say that I was mistaken in stating the amount to be $360,000. It is not quite $300,000.
Mr. JOHNson. The principle is the same, whatever the amount. ’lhe Senator stated it to be $360,000. 7
Mr. TRUMBULL. I ran it over in myminil as I was speaking, but. I see, on coming to add up the figures, that the amount is only 29 odd 1,000 dollarsless than 300,000.
Mr. JOHNson. That. does not affect the present question. I supposed the Senator had added it up correctly. The only reason that made me doubt whether the jury or the court could give the actual value of the property is that in the 2nd section the appraised value in 1801 is made the maximum beyond which the SecyInterior cannot go, and then itsaysin the 3rd section that the supreme court of the DistCol is authorized, in such mode and under such rules and regulations as it may adopt, “to make a just and equitable appraiseinentof the cash value fthe several interests of each' and every ow of the real estate and improvements thereon necessary to be taken for the public use, in accordance with the provisions of this act.” I believe the honorable member’s interpretation of the e had information before the com. If, therefore, the property. section is right; but it would put it beyond all i doubt if the words “at the time when the ap raisement is made” were inserted.
Mr. TRUMBULL. I have no objection to that amendment. I think the section means that now.
Mr. JOHNson. I think that is the legal effect of it, but I want to make it plain. I move to insert after the word “act, ” in the 14th line of the 3rd section, the words “at the time of said appraisement."
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended the amendment was concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time and passed.
Skip Skip FROM THE HOUSE. 'Aymessage from the HoRep, by Mr. McPnanso‘s, its Clerk, announced that the HoRep had passed.a bill (S.No.138) to increase and fix the military peace establishment of the U.S., with an amendment, in which it requested the concurrence of the Senate. ENROLLED BILL SIGNED. The messagealso announced that theSpeaker of the HoRep had signed an enrolled bill (H. It. No. 730) relatin to pilots and pilot regulations; and it was thereupon signed by the President protempore of the Senate.
Skip Skip APPROVAL or A BILL. A message from the POTUS, by Mr. COOPER, his Secretary, an nounced that the President had approved and signed, on the 5th instant, an act (S.No.90) granting lands to the'State of Oregon to aid in the construction of a militar road from Al bany, Oregon, to the eastern oundary of said State. RRTROCESSION of ALEXANDRIA. On motion of
Mr. WADE, the Senate, asin ComWhole, resumed the consideration of the bill (S.No.280) to repeal an act entitled VAn act to retrocede the county of Alexandria, in the DistCol, to the State of Virginia, and for other purposes.” The bill was reported to the Senate without amendment.
Mr. JOHNson. I was a member of the Senate when the act of 1846 was passed; and the question was then stated as it is now stated by the honorable member from NewYork, whether Congress had the authority to part with any portion of the territorythat had been acquired for the seat of Government. I thought then (and I have never seen any reason to change that opinion) that the power is a very clear one. The provision of the Constitution is not that the seat of Government is to consist of ten miles square of territory. It may be one square mile or less. It cannot exceed ten miles square. The provision is that Congress is “to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles squaaas mpyby cession of particular States" be c eyed to the U.S. for that pun pose. It is clear, then, that when the ten miles square were obtained originally we might have obtained less. We could then have acquired just what we have powin fact only so mpeh of the ten miles square as lies this side of the Po tomac. And it would seem to be singular that while Congress were at liberty to acquire only what the' U.S. now have, they should put it out of their power to have only what they want, because in t 0exercise of the power they had gotthe ten miles square; that is to say, to me it would seem singular that under an authority to buy ten miles square, if it was once purchased, although the authority would have authorized the pur base of less than ten miles square, we should e compelled during all time to keep the ten miles square. What for? Only because it is the seat of Government; butparting with any portion of the ten miles square does not art with the seat of Government.
Mr. FESSENDEN. Will the Senator allow me to ask him a question here?
Mr. FESSENDEN. I ask him whether, according to his course of reasoning, it would not be perfectly in the power of this Congress to cede the rest of the district to the State of Mai filand, and leave ourselves without a capital at a
Mr. JOHNson. I have no doubt about it, because I have no doubt that Congress can change the capital.
Mr. FESSENDEN. Simply cede it, leaving as without a capital.Mr. JOHNSON. That is another matter.
Mr. JOHNson. You must have a seat of Government; and if the honorable member will admit that we can change the seat of government I do not understand by hiqquestion that he doubts that why is it not within our power?
Mr. FESSENDEN. So far as the constitutional question is concerned, can we cede it today and trust to luck to get another capital afterward?
Mr. HOWARD. Will the honorable member allow me to ask him iflre is able to give the date of the somewhat celebrated letter Of Mr. Calhoun in which he called upon his friends to fire the southern heart? I do net recollect the precise date of it, but I think it was about that time.
Mr. JOHNson. Nor do I remember its d“ate; but that friend who was so anxious to fire the southern heart” was enabled to do it in a great measure because of northern legislation.
Mr. HOWARD. I was only asking for the date of the letter.
Mr. JOHNson. I do not know what the date of the letter was. He found he could not fire the southern heart at that time; but certainly there was no man here in the councils of the nation, as far as I am advised, who dreamed that the southern heart could be capable of being fired to such an act of folly, to say nothing of it as an act of criminality.
Mr. HO'W RD. I think it was about the time we acuired Texas.
Mr. JOHNSON. But at that time, for there was nobody interested in this but Virginia, let me say to my friend what may have escaped him, 'perhaps, that there was no State in the Union.more violently opposed to the course of SCarolina than the State of Virginia. I do not believe there was a single man in the State who ever dreamed that she could be brought into the condition of following, even if itwas indicated at that time, the course which South Cai blina subsequently pursued. How is that to defend us, either? Is it possible that our protection against rebellion is to depend upon whether we hold 6 miles square or ten miles square; whether we have the command of both sides of the Potomac for a lim ited distance? The U.S., as has been demonstrated, possess a power that is not to be limited by lines of that description, and that can in no measure be increased or diminished by territorial limits to the seat of Government of the U.S. There is another reason that renders it, I think unnecessary to pass this bill, and that was Stated by myfriendfrom Missouri. If the act of 1846 was unconstitutional, it is void clearly, and will be so decided. It'it is constitutional, we cannot in any way affect it or itnpair it. That is ajudicial question, and the decision of that question the one way or the other depends in no manner whatever upon the vote of the Senate on this bill. If the transfer was properly made, it is an act executed which it is now beyond the power of the Government to open except with the assent of the other party. A word now in answer to a suggestion of my friendfrom NewYork and I shall have done. He seems to suppose that the act of 1846 was ndt an act of legislation. Why not? Because its effect was to depend upon the vote of the people of Alexandria. That is done in every State in the Union. Laws, general as well as local, are made to depend upon the vote of the locality or of the State where the laws may be passed.
Mr. Adams, hating slavery as much as any man could upon principle, born with principles inconsistent With such a condition of man, always maintained (incorrectly as I think, but not because there was anythin wron in the course which he recommended that ‘ongress should not, and he even went so far as to say that it could not, but he was still more positive in affirming that it should not, abolish slavery in the District without the consent of the people of the District: Can anybody doubt that a law of that description would have been valid if passed in that form? And yet what difference is there between a law of that kind and the law in question, ceding back to Virginia, with her consent and the consent of the people to be affected by it, that portion of the ten miles square which was originally seeded by Virginia to the U.S.? I submit, therefore, that it is unnecessary, looking to the object to be accomplished, to pass the hilt; that the act of retrocession was constitutionally passed, and that there is nothing in the objection that the validity of that act was made to depend upon the votes of the people who were to be a ected by it.
Mr. POMEIROY. Allow me to say that there are some recedents against it.
Mr. POMEltOY. v I remember once to have been a member of a Legislature which passed what was called a Maine liquor law, but it was submitted to the people to say whetherit should become a law or not, and the people voted by a majority that it should become a law. The courts held that act to be unconstitutional because it allowed the people to legislate; it delegated the power of legislation to the people, who were no part of the Legislature, who could not as a people be a part of the Legislature.
Mr. STEWART. I apprehend there is no point of law better settled than that question.
Mr. POMEROY. The case to which I allude was decided in the State of NewYork.
Mr. STEWART. It has been decided in ver many of the States. I had occasion to 100' up the authorities, and I found that many of the western States had sdbmitted questions of the location of county seats and the like to the people; but in all the books I never saw a citation of the fact that Congress had admitted States upon conditions as proof that the people had a right to legislate.