Mr. MORRILL. I cannot consent to the amendment of the Gentfrom Pennsylvania. If gentlemen will examine this para graph they will find that this tax applies only to work, exclusive of all materials. A shoe maker or bootmaker doing work for custom purposes solely must be a very diligent man if he makes more than $1,000 worth of work annually, exclusive of materials. Besides, the committee will observe that we have reduced the tax upon these articles from 6%. to two%. Hence the amount of tax is very small under any circumstances.I trust the amendment will not prevail.
Mr. LEBLOND. I desire to offeran amendment to the amendment, to strike out in line 2108 the word “ two” and insert in lieu thereof the word “ 5;” so that the clause will read: On boots and shoes21t.ax of 5%. adon rem. Also by striking out in line 2114 to 2116, the following words: and whosework. exclusive of the materials. does not exceedannually in value 81,000s.hall beexempt from this tax. This amendmentwill accomplish in part the same object which is sought by the Gentfrom Pennsylvania in his motion. If “ two” be stricken out and “5” inserted we shall adopt in this paragraph the same rate of taxation which is applied to manufacturers the previous paragraph. Then as to the 2nd branch of my amendment, 1 will say that those who manufacture boots and shoes for customers alone, even in our small towns in the western country, certainl manufacture every year more than $1,000 worth of boots and shoes.
Mr. LEBLOND. I think so. MORRILL. Oh, no!
Mr. LEBLOND. I think the work itself will amount tomore than $1,000 even among the small shoremakers throughout our country. Certainly the shoemakers area class of persons who above all others ought to be exempt from any taxation. I hope that the entire par agraph will be stricken out. That will exempt the shoemakers altogether.
The CHAIRMAN. Neither of the gentlemens amendments is germane to the amendment; and therefore neither is in order now.
Mr. MORRILL. I move proform to amend the amendment by inserting “$1,500 ” instead of “$2,000.” If the amendment proposed by either the Gentfrom Pennsylvania Mr or the Gentfrom Ohio [ “r. LREABNDmAsLnL} prevails it would amount to a total exemption of the business of boot and shoe making. I suppose that the Gentfrom Ohio may not be aware of the manner in which this business is done. Should his amendment prevail we should have no work but custom work. The men who are engaged in this business would employ every shoemaker and boot maker in the country to make their custom work to the full amount that they would be allowed to make under the law free of tax. The buss manufacturers would buy the work of their journeymen and we should get no revenue. Therefore I hope the amendment will he rejected and that the paragraph will be allowed to stand as it is.
Mr. RANDALL, of Pennsylvania. I do not think my proposition is an unreasonable one at all. I want to exempt the man who does a moderate amount of business from all tax ifI can. I want to relieve the men who do custom work as far as possible, the men who employ a few apprentices and perhaps 2 or 3 journeymen.
Mr. MORRILL. I withdraw the amendment to the amendment.
Mr. ALLEY. I move to amend the amendment of the Gentfrom Pennsylvania by inserting in t ie 1st line of the paragraph the word "one" instead of“two” asitnow stands; so that it will read: “on boots and shoes a tax of 1%.”
The CHAIRMAN. That is not in order. It is not germane to the amendment of the Gentfrom Pennsylvania. The gentleman may move to amend by striking out “ $2,000” an insertin “$1 500.”
Mr. RANDALL, of Pennsylvania. I with draw my amendment for the pILSOllt, to see whether the gentlemans amendment prevails. IPerhaps in the end I may be satisfied. If not will ask the privilege of renewingr mine.
Mr. MORE LL. I move that the committee rise for the purpose of terminating debate. I shall only ask the committee to consider these paragraphs in reference to clothing and boots and shoes. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dxuss reported 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. 513, 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, 1804, 1md acts amendatory thereof and had come to no resolution thereon. l CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order terminate in one minute after the committee shall resume the consideration of the subject. The motion was agreed to TAX BILL AG AIN
Mr. MORRILL moved 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. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amendan act entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, " approved guns 30 1864, and acts amendatory thereof.
Mr. MORRILL. All [have to say in relation to this matter is this: the ComWays&Means are quite ready to admit that shoes and boots may be exempted with as much propriety as anythingelse, but we made as many reductions as we thought the Treasury at this time could possibly afford; and an reduction on these articles would make a verylarge difference. I do hope that the committee Will allow these provisions to stand, as we reduce the amount of the tax from 6%., as it now is, to two%., and that ought to satisfy all parties.
Mr. LEBLOND. I wish to ask the chair man of the ComWays&Means a question.
Mr. ALLsvs amendment, and it was disagreed to.
Mr. RANDALL, of Pennsylvania. I move, in line 20116, to strike out the word “one” and insert “two.” The amendment was disagreed to.
Mr. LEBLOND. I move to amend in line 2108 by striking out the word “twoH and inserting “ 5;” so that it will read: “on boots and shoes a tax of 5%. advalorem, ” &c. I wish to call the attention of the chairman of the ComWays&Means to this provision, and to inquire of him why a distinction is made between “clothing” and “boots and shoes." The amendment was disagreed to.
Mr. MYERS. I move to insert after line 2116the following: and where such work shall exceed annually in value $1.000.tlte tax of one% shall be on the amount of work in crimeso $1. The amendment was disagreed to.
Mr. STEVENS. In line 2116, I move to insert after the word “1,000” the words "500, " so that the provision will read: Provided. That any boot or shoe maker making bootsor slices to order ase ustomwork only and not for general sale and whose work. exclusrve of the materials. does not exceed annually in value 91,500 shall be exempttrom this tax. The amendment was disagreed to.
The Clerk read as follows: On ready made clothing. gloves.mittens.mocca sins, caps, and other articles of dress for the wear of men.women and children, not otherwise assessed and taxed. a tax of one %. adealmem.to be paid by every person making. manufacturing or producing for saleclothing. gloves.mittens.mocca sthines. caps and other articles of dress or furnishing materials or any part thereof, and employing others to make. manufacture or produce them: Provided. That any tailor or any maker of gloves. mittens.moccasins.caps or other articles of dress to order as customwork only and not for general sale and whosework. exclusive of the materials.does not exceed nrinually in value $1.000 shall be exempt from his tax: and articlesofdress madeor trimmed by mi liners or drossmakersfor the wear of women or children shall also be exemptfrom this tax.
Mr. MYERS. I move to insert, in line 2129, after the words “1000, ” the following: and where such work shall exceed annually in value $1,000t.he said tax of 1% shall be on the amount of work in excessof 1.000. I think if the House understood this amendment they would vote for it. I speak in reference to both these paragraphs both the one in reference to boots and shoes, and that in reference to clothing. It was the intention that a certain amount should be exempted, but it will be noticed that as the provision now stands, if the amount of work done exceeds by one dollar the sum of $1,000, the shoemaker or tailor will have the tax imposed upon him for his whole work and his whole material. It is for the purpose of explaining more clearly what I think was the meaning of the committee that I offer this amendment. lt provides, in other words, that material and work shall only be taxed over the amount which was intended to be exempted.
Mr. MORRILL. I hope that amendment will not be adopted.
Mr. MYERS. I move to amend my amendment by striking out the last word. I should like to hear some better reason from the chair man of the ComWays&Means than that he hopes this amendment will not be adopted. Mia MORRILL. The question has already been discussed sufficiently for every member of the committee to understand it, and if the gentleman is satisfied with his speech I am, and I do not like the task of discussing these matters over and over again.
Mr. MYERS. What I want to say is this: in many instances parties purchase materials for clothing and have it made up and by this provision, without in amendment, if the work exceeds 1,000ollars, the tailor or boot maker is charged not only for all his work under 1000 dollars, but also upon the articles that enter into that work; in many instances articles which he has not bought at all, but which have been bought by a 3rd party and brought to him to be made it.
Mr. MORRILL. I find that it is necessary to say a few words. The gentleman cannot have read the paragraph. be amount taxed is to be exclusive of the material.
Mr. STEVENS. Do I understand that the $1,000 worth is to be absolutely exempt from taxation, or only when the amount is $1,000 or less? Suppose it shall amount to $1, 005, is the whole $1, 005 to be taxed, or only the excess over the $1,000?
Mr. MORRILL. Onl the excess, according to an amendment that has already been adopted on the motion of the Gentfrom Iowa, Mr. Wu.sox.]
Mr. STEVENS. I suppose the object of the committee is to exempt, at all events, the $1,000 for these small operators. Butitseems to me that according to the language of this paragraph that the man who does $999 worth of work will be wholl exempt from the tax, while the man who oes $1, 001 worth will have to pay the tax 0n the whole $1.001. That cannot be the intention of the committee.
Mr. MYERS. If it exceeds $1,000, under the language of this provision, even the mate rials are taxed.
Mr. STEVENS. Iam not attendiu to that point now, but I am referring to the rim that Isuppose the intention was to exempt $1,000 in all cases and to tax the excess. But it seems to me this aragraph does not effect that object; for ii3 the amount exceeds $1,000 the whole amount is taxed; if it does not exceed that amount it is not taxed at all. The amendment of Mr. Mums was not agreed to.
Mr. DAVIS. I move to strike out at the close of the paragragh the words “and articles of dress made or trimmed by milliners or drum makers for the wear of women or childrenshall also be exempt from this tax.” I do not understand why this exception should be made.
Mr. MORRILL. I will answer the gentleman, if he desires an answer. If the gentle man goes to a merchant and bu a material for a dress, under the construction by the Internalrevenue Bureau of the law as it now exists, if he carries it to a dressmaker and has it made up, the dressmaker has not only to pay a tax on the work but upon the estimated value of the goods. This is to remedy that difficulty.
Mr. DAVIS. suppose the dressmaker is herself the vender of the goods?
Mr. MORRILL. The tax is applied to the whole value of the goods, which we thought to be wrong. Mr. DAVIS. I withdraw the amendment.
Mr. HALE. I move to amend by striking out the last word for the purpose of inquirin of the Gentfrom Vermont [Mr. Mounting what is the correct understanding of this para graph. As I read it now, it provides that if a tailor or maker of gloves, &c., manufactures work to order, and not for general sale, to the amount of $1,000 for the labor, exclusive of the material, he pays notax. But if he manufactures any amount in excess of $1,000, exclusive of the material, he is then taxed, not only on the amount of his labor, the $1,000 as well as the surplus, but also on the material which he has made up. I can read the paragraph in no other way. I will ask the chairman of the ComWays&Means if that is the correct construction of this paragraph, and if it is is it just?
Mr. ALLISON. I will say in rely to the Gentfrom NewYork [Mr. ALE] that my colleague [Mr. wILSON] proposed an amendment to a former art of this bill, relating to section 9t ree of the present revenue law, which was adopted, by which all manufacturers are exempt from taxation to the amount of $1,000, and are taxed only upon the excess above 81,000 and to $3,000, an above $3,000 they are taxed on the whole amount; so that if a manufacturer manufactures only provision does not apply to this paragraph as well as to all other paragraphs relating to manufactures and I see no reason why large manufacturers who manufacture over $3,000, perhaps $100,000 or $1,000,000, should not pay the tax upon the 1st $1,000 as well as upon the rest.
Mr. MORRILL. I think there may be some difficulty in the law as it stands; but if the amendment of the Gentfrom Iowa shall be adopted I will ask the committee or the House to go back to this section to make it conform to that amendment.
Mr. HALE. With that understanding, I withdraw m amendment.
Mr. STEVENS. I am not satisfied with this paragraph as it stands. I move to amend by inserting after the word “tax, ” in line 2130, the words “and then only on the excess over $1,000.” The amendment was not agreed to. The Clerk began to read the next paragraph beginning with line 2133, when Mr. MORRILL moved that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 513, to amend an not entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 80, 1864, and acts amendatory thereof, and had come to no resolution thereon. BUSINESS OF EVENING SESSIONS.
Mr. MORRILL. I suppose that it is the understanding of the House that the evening sessions to be held tomorrow evening and on subsequent evenings shall be devoted exclusively to the consideration of the tax bill. If that is net the understanding, I shall move to;or appointed to hold their $3,000 worth, he is taxed only upon the excess, over $1,000 and I see no reason why that suspend the rules that such an order may be may 0.
The SPEAKER. Is there any objection to the understanding that the evening sessions of the tax bill There was no objection“ PAY DEPT 01"THE NAVY.
Mr. RICE, of Massachusetts. I move that the House proceed to the consideration of business on the Speakers table. The motion was agreed to. The 1st business on the Speakers table was Senate amendments to JtResolution (H.R.No. 130) to carry into immediate effect the act to provide for the better organization of the pay Dept of the Navy. Ibe amendments of the Senate were read, as follows: 1st amendment: Add the following as a new section: SEC.2. Abife: That the SecyNavy be and he is licreby. authorizedtoretain or to a paint under existing laws and regulations such voluntcer officersin the Navy as the exigencies of the service may require until their placese an be supplied by graduatesfrom the Naval cademy. The amendment was concurred in. 2nd amendment: Add the following as a new section: SEO.3. Abife: That naval constructors shall hereafterbe held to be staffofficersin the Navy and entitled to all the rights and privilegelt}an subject to all the liabilities and duties of sue. The amendment was concurred in.
Mr. SCHENCK. I move to reconsider the vote by which the 1st amendment of the Senate to this bill was concurred in. I desire some explanation of that amendment, for it seems to me a most singular provision. It proposes that certain volunteer Officers may be retained positions until others shal e educated at the aval Academy, who are then to step in and take their places.
Mr. RICE, of Massachusetts. The Gentfrom Ohio will not, I think, object to the amendment when he understands it.
Mr. SCHENCK. I shall be glad to hear it explained.
Mr. RICE, of Massachusetts. Iwillexplain it. The fact is that the number of otheers in the regular Navy is insufficient at present for the demands of the service. This amendment proposes simply that the SecyNavy sha l have authority to continue such volunteer officers in the naval service as the emergencies of the service may require until regular officers can be instructed by graduation from the Naval Academy. If all the volunteer Officers were discharged today it would be impossible to carry on the naval service, there not being regular Officers enough for that purpose. This revision is simply for the purpose of continu m temporarily these volunteer up intments. tMr.SE HEICK. Then, if I uncrstand the provision, it is this: that these volunteer officers acting officers as they are called in the Navy may, if they will accept such a tenure of office, be continued indefinitely by the SecyNavy to be turned adrift so soon as he shall have educated at the Naval Academy others to take their places.
Mr. RICE, of Massachusetts. That has always been the tenure of office of these men.
Mr. SCHENCK. No, sir; not during the war.
Mr. RICE, of Massachusetts. The Gentfrom Ohio will recollect that a bill has already passed the House authorizing the transfer of a certain number of volunteer officers to the regular Navy. Those are to be transferred absolutely. It is not, however, considered desirable that every place in the Navy shall now be filled by the transfer of volunteer Officers; but by the provision of the amendment a further portion of the volunteer Officers may be employed in the Navy so long, and only so long, as the exigencies of the ser l vice require.
Mr. SCHENCK. I understand it is proposed by this amendment to say to the men shall be devoted exclusively to the consideration who have served through the war, “ You have helped us fight our battles; we will retain you beyond the time the law now provides, but you must not think that you are to be retained for any considerable length of time, or longer than one, 2, 3, 4,or 5 years, until there shall have entered a sufficient number on the royal road to take your places, for then you shall be turned adrilt. It will be too much for you to expect that you should be retained in the service any longer than till such time as we can raise a number of midshipmen at Annap olis to take your places.” hat is really the proposition as I understand it. how, sir, I think, at the close of the war, we ouvht to have a sufficient number of officers either in the Array or Navy, who are qualified to fill the vacancies existing. But as to this mockery of taking a number of these officers with the understanding that they areto go with the Navy after having gone through the war, but. are to be turned out whenever a new group can be raised at Annapolis, I protest againstit.
Mr. RICE, of Massachusetts. I entirely agree with the gentleman. I have myself reported a bill from the Naval Committee authorizing the transfer of 150 volunteer Officers from the volunteer to the regular service in order to make up with the graduates of the Naval Academy the number of officers of the Na which the law now requires. The fact is, that the present exigencies of the service require fora time a larger number of Officers than the law allows, and the object of this amendment is, that so long as the exigencies of the services require more Officers than the law allows to the regular service the SecyNavy may be authorized to continue the appointments of these officers. I certainly have no objection, if the House seesfit to increase the number of officers in the regular Navy, to its being done. But that is tr subject that cannot be attended to in the short time that we have to consider it at this time, and if it will meet the wishes of the Gentfrom Ohio I will move to refer the bill to the ComNavAffrs.
Mr. SCHENCK. I should very much prefer that. The gentleman sees the very difficulty, and therefore has a bill prepared to authorize the taking of a number of these volunteer officers to fill these places. But in the mean time this bill also may have passed, which will defeat the gentlemans object if this amendment is concurred in.
Mr. BltANDEGEE. I move to refer the bill to the ComNavAffrs.
The SPEAKER. The pending motion is to reconsider the vote by which the amendment of the Senate was concurred in, but if there is no objection it will be considered as reconsidered and referred to the ComNavAffrs. INTRODUCTION OF CHOLEHA. The next business on the Speakers table was the consideration of the amendment of the Senate to JtResolution of the House No. 116, to prevent the introduction of cholera into the U.S.; which was referred to the ComCommerce. PENSIONS. The Senate amendments to the following bills were next taken from the Speakers table, and referred to the ComInvalidPens: An not (H.R.No. 216) for the relief of Cordelia Murray; An act (H. It. No. 459) granting a pension to Anna E. Ward An act (H.R.No. 462) granting a pension to Mrs. Sally and rews; An act (H.R.No. 493) granting a pension to Mrs. Joanna winans; An not (H.R.No. 845) for the relief of Christina Elder; An not (H.R.No. 363) supplementary to the several acts relating to pensions; Ind An not (H.R.No. 371) granting a pension to Leonard Sinclair. PASSPORTS. The bill of the House (H.R.No. 568) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress, returned from the Senate with an amendment, was next taken from the Speakers table, and the amendment of the Senate was read, as follows: At the end of the hill add the following: and hereafter pass orts shall be issued only to citizens of the U.S.
Mr. RANDALL, of Pennsylvania. Let me ask if that means that persons who have de clared their intention to become citizens shall not be entitled to passports.
The SPEAKER. such persons are not now, entitled by law to pass orts.
Mr. RANDALL, of Pennsylvania. I think that amendment had better be referred to a committee.
Mr. GARFIELD. I move that the bill, with the amendment, be referred to the ComJudiciary. The motion was agreed to. BENJAMIN HOLLIDAY.JtResolution (H.R.No. 103) to refer the ctition of Benjamin Holliday to the Court of laims, returned from the Senate with an amendment, was next taken from the Speakers table, and referred to the ComIndAffrs. GOODRICH and CORNISH. The Jtresolution of the House (H.R.No. 77) for the relief of Ambrose L. Goodrich and Nathan Cornish for carryin the U.S. mails from Boise City to daho City, in the Territory of Idaho, returned from the Senate with amendments, was next taken from the Speakers table, and referred to the comPostOffice. FORTIFICATION BILL. The bill of the House (H.R.No. 255) making appropriations for the construction, preservation, and repair ofcertain fortificationsandother works of defense for the year endin June 30, 1867, returned from the Senate with amendments, was next taken from the Speakers table, and referred to the ComAppropriat. ASST SECYNAVY. The bill of the Senate (S.No.318) toauthorizethe appointment of an additional Asst SecyNavy, was next taken from the Speakers table, and read a 1st and sec end time.
Mr. RICE, of Massachusetts. I call the previous question on the passage of that bill.
Mr. ANCONA. You cannot pass it. I shall insist on a division, and there is no quo rum here.
Mr. RICE, of Massachusetts. Let me say a single word in reference to this bill. It is substantially the same bill which was referred to the ComNavAffrs of this House a few days ago2which has been considered by that committee, and unanimously agreed to. I believe that this bill passed the Senate without any dissent whatsoever. It simply provides that there shall be, for 6 months, an Asst SecyNavy, who shall act during the absence of the present Asst SecyNavy, who is going abroad, there being no Officer who, in the absence of the Secretary and of the Asst Secretary, can attach the official signatures to papers. The gentleman who is going abroad has been in the service ever since the beginning of the war, and all that it is proposed to grant him is leave of absence equivalent to that granted to volunteer officers of the Navy when mustered out, so as to allow them one months leave for every years service they have remdered during the war. It isavery small amount. The Government are very anxious, indeed, that the bill shallpass, nodI insistupon the deinand for the previous question.
Mr. RANDALL, of Pennsylvania. Is there qnoum prment?
The SPEAKER. The Chair thinks there is not a quorum resent.
The SPEAKER. This bill will come up as unfinished business tomorrow morning imme diately after the reading of the Journal.
Mr. THAYER. I appeal to the Gentfrom Illinois [Mr. Ross] to withdraw his motion to adjourn for a moment.
Mr. ROSS. I will do so. MARIA SYPHAX. On motion of
Mr. THAYER, by unanimous consent, the bill of the Senate (S.No.321) for the relief of Maria Syphax was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPrivLandClms and then, on motion of
Mr. ROSS, (at 5 minutes to 5 oclock p. m.) the House adjourned. move that the House do now
Skip Skip PETITIONS, ETC. The following petitions. &c., were presentedunder the rule and referredtothe appropriate committees: By Mr. DAWES: The ctition of M. B. Whitney and 36 others.citizens o Westtield. Massachusetts. asking for protection against unjust Statelawsin ref erenceto insurance. & Illiy Mr. COOK: The ctition of F.W. Mattheisse re c gelerof LaSalle. Illinois, for increaseof protection to the manufactureof spelter and sheetZinc. Mr. GARFIELD: The petition of the superin ten ent, principals and inastersof the public schools of Boston prayingfor the establishrnentofa national Bureau of Education. Mr. HULBURD: The petition of 93citizens of Columbia county. NewYork. asking increaseof duty on imported flax. By Mr. HUBBARD, of WestVirginia: The petition of Edgar 1.Harris, a.skingthat his name may be placed on the iension list of the U.S. By Mr.McK “E: The petition of James Taylor.for servicesassurgeonin the U.S. Army. By Mr. RICE, of Massachusetts: The petition of Davis Foster, lieutenant 4th Massachusettsvol unteers, for reimbursement for loss of clothing by sinking of U.S. transport Fanning.
@@@IN SENATE SENATE. TUESDAY, May 22, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved, EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate acommunication from the SecyWar, transmitting, in compliance with a resolution of the Senate of the 10th of January last, information relative to the payment of $100 bounty to the ten regiments of MissouriState militia mustered into the service of the U.S.; which, on motion of
Mr. GRIMES, was ordered to lie on the table, and be printed.
Skip Skip PETITIONS and MEMORIALS.R. SUMNER. I present the etition of Abraham Lansing, a citizen of ambridge, Massachusetts, asking for apension on account of services in the war of 1812, and very peculiar injuries which he received, and from which he is now in his old age suffering. I move the reference of this petition to the ComPensions., The motion was agreed to. Mr. SUMNER. At the same time I move that the papers of Abraham Lansing, accompanying his petition for an invalid pension, pre sented in 1860, be taken from the files of the Senate and referred to the ComPensions. The motion was agreed to. Mr. MORRILL presented 12 ctitions of citizens of Maine, and a petition of Samuel Batchelder and other citizens of Massachusetts, praying for an appropriation to repair the U.S. piers and other property at Saco, Maine, and to improve the naviation of Saco river; which were referred to the ComCommerce. REPORTS or COMMITTEES.
Mr. WILSON, from the ComMilAffairs and the Militia, to whom was referred a bill (S.No.207).to provide for the equalization of the bonnties to soldiers in the late war of rebellion, reported it with an amendment, and submitted a reportin writing; which was ordered to be printed.
Mr. CHANDLER, from the ComCommerce, to whom the subject was referred, reported a bill (S.No.334) to prevent the wearing of sheath knives by American seamen; which was read and passe to a 2nd reading. HILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce abill (S.No.335) supplementary to the several acts relating to the establishment of the Treasury Dept which was read twice by its title, referred to the ComCommerce, and ordered to be printed.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.380) granting lands to aid in the construction of a railroad and telegraph line from Salt Lake City to the Columbia river; which was read twice by its title, referred to the ComPubLands, and ordered to beprinted. LIFE and ACCIDENT INSURANCE COMPANY.
The PRESIDENT protemporc. If there be no further mornin business, the Chair will call up the unfinishe business of yesterday, which is the bill (S.No.290) to incorporate the National Life and Accident Insurance company of the DistCol. The bill was read yesterday, and is now before the Senate as in ComWhole, and open to amendment.
Mr. WILSON. I desire to ask the Senfrom Maine [Mr. MORRILL] who has charge of this bill, whether proper care is taken in regard to the paying in of testock of this company. On reading the bill, it seems to me that care is not taken that the capital stock of the company shall be aid in. I think these corpora tors ought to e held responsible at any rate until the stock is paid in. The public ought to have that security. Provision is made for the payment of 5 dollars of the assessment, and then 5 dollars more at the end of 30 days; but itseems tome there is no subsquent provision requiring the stock to be pai up, and they are exempted from personal In making these corporations, liability. I think we oug it to be very careful to make corporations with actual capital paid in. I throw out this as a suggestion to the Senator. It does seem to me that proper care is not taken that the capital stock su scribed for shall be paid up.
Mr. MORRILL. The Senfrom Illinois, not new in his seat, [Mr. YATns] reported this bill. It was referred to him for examination, and he reported that it was merely a transcript of a similar bill, incorporating a company of the same kind in the State of Maryland, at Baltimore; that the persons pre senting this bill had followed that aw. It was drawn, therefore, on the strength of that legislation.
Mr. CLARK. I suggest that of all corporations in the world a life insurance company should be thoroughly guarded and made secure to those people who are involved in it.
Mr. JOHNSON. I see here no security at all that the ca ital shall be paid up.
Mr. CLARK. Of all corporations, those of this character should be made thoroughly secure, because ifga man puts his earnings in a corporation of this kind to be useful to his heirs in case of his death, he wants it to be made sure to those heirs.
Mr. MORRILL. As the Senator who reported this bill is not in his seat, I move that the further consideration of it be postponed until tomorrow. The motion was agreed to. HOMESTEADS IN SOUTHERN LAND STATES.
Mr. HENDRICKS. There was one point in which I could not agree with the committee, and that is, that in the States named in the bill no person shall be allowed to acquire under the homestead law more than 8 acresof land. I think that is unnecessary. think the experience of the western country shows that 160 acres of land is desirableto make a good farm upon, and I do not see any occasion for reducing the amount in these States below that allowed in other States to be acquired under the homestead law. I therefore move to amend the 1st section by striking out all after the word “64” in line ten down to and including the word “patent” in the 15th line, so that the party will be allowed to enter 160 instead of 80 acres of land. My observation teaches inc, and I think the Senfrom Iowa, who has charge of this bill will agree, that farmers desire, as far as possible, to secure as much as 160 acres of land. I will remark to the Senate that by this bill the public lands in these southern States crin not be acquired in any other mode than under the homestead law. farmers down there will not hereafter be able to buy any lands for their families and for their children, but the children will have to secure lands for themselves under, the homestead law. I am not entirely sure that that is good policy, butcertainlyitis going too far to say that a man shall not in any event, for himself and his children, secure more than 80 acres. I do not think it tends to develop the prosperity of the country so to restrict the chase and s that are liable to private entry may be purchased at one entry to the extent of a section of land. This is a great reduction to go down to 160 acres, but to say that only 80 acres shall be purchased under the homestead law is going entirely too far, I think.
Mr. POMEROY. I will state in a single word the views of the committee on that subject. This bill came to. us from the HoRep. The considered the matter; an in view of the factt at in the States named there is a great landless population of loyal men, colored men, lately slaves who have for a lifetime been shut out from the public lands, and almost all the valuable land in these States has alreadybeen acquired and taken possession of in large estates by the 1st settlers, the white people, the object of this bill is to cut the public land up into small homesteads; and it need not lie disguised that it is aimed particularly for the benefit of the colored men, those who have not been able hitherto to acquire home Under the law of the U.S. T steeds on the public domain in these States. There is not a great quantity of public land left there, but it was the view of the committee, that what was left should be by law cut up into small farms not exceeding 80 acres, and that without distinction of color every citizen of the U.S. should have the right to hold and to enjoy and after 5 years have a title to 80 acres of the public land.
Mr. WADE. I wish to ask the Senator to what States this provision applies.
Mr. POMEROY. It applies to all the States in rebellion that have get public lands, namely, Alabama. Mississippi, Louisiana, Arkansas, and Florida. Texas has no public land. We only include in this bill those States that have got public lands. The object of the bill is simply to allow a class of )0ulation who are now shut out from the public and s, to acquire, if this bill should become law, 80 acres for themselves, under the homestead bill, and only 80.
Mr. CONNESS. I wish simply to say that Iagree entirely with what has been said by the honorable Senfrom Iowa, more, however, upon the merits of the proposition itself than upon the policy and justice of keeping this bil inexact conformity with the general laws. I do not think that 160 acres is too large an amount for a homestead in a new country. Taking how land averages. I do not think that less than that is worthy of settlement upon. It is very true that less than that is often taken; but more than that is frequently needed. Both for the reason of the policy an justice of having a universal rule applicable alike to all the States, and because 160 acres is little enough for a homestead upon wild land, I shall vote for the amendment, and I think the chair man of the committee ought to accept it. I think it is reasonable and right. 2
Mr. POMEROY. The chairman of the committee will accept anything that is the pleasure of the Senate. I only desire to say that this amendment does not meet with my approval individually, but if the Senate choose to change the bill as it came from the HoRep in this respect, of course that will be all right. The Senfrom California neglects, 1 think, to consider one fact, that the population of the South who are entirely landless are not as ambitious to get 160 acres or 320 acres as the population of the States of the west and of California. These people will be entirely contented with 40 acres, even. The fact is that they have no land at all, and there is no way for them to get. it except toget tracts of the public land. If the public lands in those portions where they are valuable for settlement could be cut up into 2acre tracts, so that these poor colored people could get each of them 20 acres, it would be a godsend to them. To say that they have got to take 160 acres is requiring them to take a farm of the magnitude of which even they have no conception.
Mr. CLARK. Why not put it in the alter native, give them 80 or 160 acres? Myi: HENDRICKS. That is the law now.
Mr. POMEROY. The bill, as it stands, is that they shall not take more than 80 acres, and that implies that they may take less, any legal subdivision. as low as 40 acres. I do not desire to prolong the discussion, but only to say that I think we had better pass the bill as it came from the House in this respect; that is, to lehthe population who are landless in the South have 80 acres, if they please, and less, if they choose, but not more.
Mr. CONNESS. I think if 160 acres of land is n/good thing for a white man, it is a good thing for a black man; and I think if it is good for a man in the West, it is good for a man in the South. I do not know really any reason for applying this rule of restriction. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended. The amendments were concurred in and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPusasox, its Clerk, announced that the HoRep had passed a bill (H.R.No. 211) to authorize the president to appoint certain officers of the Executive Mansion, and fixing their salaries; and a bill (H.R.No. 612) to amend an act entitled “An act making appropriations for sundry civil expenses of the Government for the year ending 30th of June, 1850, " in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed, without amendment, the bill (S.No.318) to authorize the appointment of an additional Asst SecyNavy. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President proiempore: A bill (H.R.No. 371) to grant a pension to Leonard StClair: A bill (H.R.No. 510) toingrporate the Academy of Music of Washington city; and A JtResolution (S.R.No. 97) to authorizecertain medals to be distributed to veteran soldiers tree of postage. FUNDING THE NATIONAL DEBT.
Mr. HENDERSON. I move to postpone all prior orders and proceed to the consideration of Senate bill L o. 285.
The PRESIDENT protempera. The morning hour having expired it becomes the duty of the Chair to call u the special order for today, being Senate bil No. 800. That bill is before the Senate, and the Senfrom missourimoves to postpone it and all prior orders for the purpose of taking up the hi I named by him.
Mr. HENDERSON. As the Senfrom Ohio is entitled to the floor on the special order, if my bill is called up I will let it be passed over informally to hear his remarks, as I understand his bill is to be passed over anyhow after his remarks.
Mr. SHERMAN. But the funding bill is now the special order.
Mr. HENDERSON. I do not desire to interfere with the Senfrom Ohio.
Mr. SHERMAN. There are 2 or 3 amendments reported by the committee which may as well be acted upon now.
The PRESIDENT protempore. The amendments reported by the committee will be read. The 1st amendment was in section one, line 16, to strike out the words “ preparing issnin, and, ” and in line 17 to strie out the word “two” and insert “ one, ” so that the proviso will read: Provided, That the oxbenso of disposing of such bonds shall not exceed 1%. of the amount disposed of. The amendment was agreed to. The next amendment was in section one, line 18 at the end of the proviso to add,“ which said 1%., or so much thereof as may be required, is hereby appropriated.”
Mr. EDMlflNDS. With the consent of the Senfrom Ohio, I will move to amend that amendment by adding after the word “ apro priated ” the words “ for that purpose, ” which will make the meaning a little more explicit. It is a mere verbal amendment.
Mr. SHERMAN. I have no objection to at. The amendment to the amendment was agreed to. The amendment, as amended, was adopted. The next amendment was in section 2, line 4, after the word “taxation” to strike out the words “in any form.”
Mr. FESSENDEN. How will the section read then?
The Secretary read as follows: That the bonds issued underthis actshall beknown as “the consolidateddebt of the U.S., ” and the sameshall be exemptfrom taxation by or under State, municipal, or local authority. kc.
Mr. SHERMAN. The amendment is simply to comform to the language of the exist in law. he amendment was agreed to.
Mr. FESSENDEN. The difference arises from the dates ofissuc, principally.
Mr. R. Co.). 1, 893,000 00 Total maturing in 1895 82, 538,00000 It will thus be seen that while the pressure of the principal of the public debt is not very great now, yet $178,000,000 is within the reach of the Secretary, and that next year and the year following both the 7 thirties and 5 twenties come within his reach for payment or conversion.
Mr. CLARK. I suppose it is not a necessity that they must be redeemed. It is at the option of the Secretary.
Mr. SHERMAN. I say it is within the power of the Secretary.
Mr. CLARK. The Government may have a longer time if it chooses.
Mr. VA WINKLE. With the permission of the Senfrom Ohio, I should ike to ask him whether he has so far investigated this subject as to tell me whether the principal objection made to the sinking fun of itt and the others he has alluded to was not that the nation continued to be a borrower.
Mr. VANWINKLI} and that it was really borrowed money which was applied to the sinking fund. Let me ask further, whether there would be any difference in the result, provided the nation had a surplus and that surplus was appliedto the sinking fund or was pai directly on the debt. I ask for information.
Mr. SHERMAN. The Senator is undoubt edly correct. England borrowed mpney to ay into the sinking fund. The plan proposet in this bill is from the proceeds of taxes to raise aspecific sum, appropriating it for the payment of the public debt. The difference is between borrowing money to paya debt and usin your own money to pay the debt, money collected from the people.
Mr. VANWINKLE. Then the form in which it was applied, whethera surplus of taxes was taken and applied by means of a sinking fund or directly applied to the debt, would be immaterial.
Mr. VANWIN KLE. The difference between them would arise out of other circumstances.
Mr. FESSENDEN. Has the Senator any doubt of our power to provide specifically that it shall be subject?
Mr. FESSENDEN. Have you found anybody but him in favor of it?
Mr. FESSENDEN. I suggest to the honorable Senator, if he will take a suggestion from me, that it is a power, substantiafly, that Governments have always exercised. Take the original convertibility clause; we did not repudiate that clause, but we provided that the right of conversion should be exercised before a given time. There was no complaint made of it.
Mr. SHERMAN. There was some complaint made in the NewYork papers that this was a violation of the public faith, that we were repudiating our obligations; but it was not general. There are several precedents for this provision; but the most striing case was the one alluded to by the Senfrom Maine, which was done after full debate and consideration. The U.S. notes originally issued, and still outstanding, had printed on the face of them, “The holder of this note may convert it into a bond bearing 6%. interest in coin, and payable after its years and within 20 years.” It was found that this privilege or option attached to the notes prevented the sale of the bonds, because no one would avail himself of that option, having the right to do it at any time; and therefore we provided that he should exercise that ocption by the 1st of July following or he should cease to have it. I have now one of these notes. The privilege printed on the face of it is now denied me. Yet no one complains, as I failed to exercise my right at the time stated.
Mr. CLARK. I Will inquire of the Senfrom Ohio whether it does not go upon the ground that the bond holder assents. this government having provided that unless he gives notice within 6 months it shall be so, it is upon the ground that having notice he assents that it shall be so.
Mr. CLARIZ I suppose nobody expects action upon the bill at the present time. differ very materially from the Senfrom Ohio in regard to some positions which he has taken on this bill, especially with regard to the matter of taxation, not, however, upon the constitutional power, but upon the expediency of it. But I do not propose to address the Senate at the present time, nor am I certain that I shall do so at any time. If nobody else desires to address the Senate at this time, I will move that the further consideration of the bill be post poned until tomorrow, so that the Senate may proceed to other business.
Mr. FESSENDEN. I suppose it is not intended that this bill shall stand in the way of the business set for tomorrow.
Mr. SHERMAN. Not at all. I will state to Senators, though. that I should like to have a vote on this bill within a reasonable time.
Mr. CLARK. There will be no objection to that, I take it. The motion to postpone was agreed to. HOUSE BILLS REFERRED. A bill (H.R.No. 211) to authorize the president to appoint certain officers of the Executive Mansion and fixing their salaries; and the bill, (H.R.No. 612) to amend an act entitled “An act making appropriations for sundry civil expenses of the government for the year ending 30th of June, 1859, ” were severally read twice by their titles, and referred to the ComFinance. BAILROADS IN KANSAS.
Mr. HENDERSON. I move to take up Senate bill No. 285, granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river.
Mr. HENDRICKS. I hope that bill will not be taken up this afternoon. I had intended to examine it with some care, but have not been able to do so. It is a very important grant, not only in respect to its effectsupon the public lands, but also in its effect upon other roads to which we have heretofore made grants of lands. I do not desire to defeat an early consideration of the bill, of course; but I am not prepared to discuss it this afternoon, and I should prefer that it should stand over. I had not an opportunity to examine the bill on the committee; I was absent at the time the committee considered it. I ask the Senator to let it lie over a day or two.
Mr. WILSON. I hope the bill will be laid over, as requested by a member of the committee reporting it.
Mr. HENDERSON. I know but little about this bill myself. Some of the members of the other House from my State, who have taken an active part, have renested me to callitup. I believe it is a bill maing the usual railroad grants. I know but little about these railroad grants; I never yet have had charge of a bill that made a grant of an acre of land in this body. I have been requested to have early action on this bill; I have glanced through it, and I understood from members of the ComPubLands that it contains nothing more than the usual grants; that there is nothing extraordinary in it, as the Senate will see by examining it. It proposes to make a grant of alternate sections of lands for the building of a railroad through the eastern tier of counties in Kansas. The people in the western portion of my State feel very considerable. interest in it. If the Senfrom Indiana wishes time to examine the bill of course I should dislike very much to insist upon taking it up now, but I presume there is nothing in it that the Senator cannot examine within ten minutes anyhow. However, I givenotice now that I shall call up the bill at the very 1st opportunity. It is a road in the State of the Senfrom Kansas, and his constituents are as much interested in it as are the people of my State.
Mr. POMEROY. I only feel the same interest in this road that I do in all the others in myState. I want the Senate to proceed to the consideration of the bill at a very early day. It is not vital, I suppose, that it should he proceeded with this afternoon. I have only to say, in reference to it, that the bill is drawn with all the care with which the committee could draw a bill, and I think when the senate come to consider it there will be no objections to the form of the bill as drawn. It may compete, perhaps, with other interests that object to it, but there can be no objection to the bill itself in point of form. I want very early action on the bill, for the reason that the session of Congress is drawing to a close, and the ComPubLands in the other House, as I learn, has not yet been called on for reports, and if we do not act upon the bills reported by our ComPubLands in this body until after that committee is called upon we shall not be able to secure their passage at this session. If they are to get through the other House at all it is very imiortant that they should be acted upon before that committee is called for reports there, and I am informed that it will on y be a few days before they are called upon to report. I leave, however, the charge of the bil to the Senfrom Missouri, as his constituents perhaps feel an equal interest in this bill With.any other section of the country, and I shall entirely follow his lead in regard to it. If the Senfrom Indianawill be better prepared tomorrow, and will say that he will consent to proceed with the consideration of the bill tomorrow, it would be more satisfactory; but if it is to b. but off indefinitely it will not be very satis actory.
Mr. HENDRICKS. I cannot say to the Senfrom Kansas that I shall be prepared tomorrow to present to the Senate what I think are the objections to this measure. I took the bill home with me yesterday evenin and intended to examine it with some care. succeeded in reading it once, but was so much interrupted that I was unable to finish it. I also addressed a note to the ComrGLO renesting a may of the surveys of the State of {ansas, with the different railroads for which grants of land have been made designated thereon, to be sent to me. I have not received that. I desire now to say to the Senfrom missourithat he is mistaken in supposing that this bill is in the language usually employed in bills granting lands to the States. I think it is not at least that was my impression when I read the bill yesterday eveningbut I do not wish to discuss it now. I thin when the Senate come to consider it they will find it to be a measure not meeting with their approval. There are 3 bills in regard to grants of lands to the State of Kansas now pending, and I think, it is about time the Senate should pay a little attention to the grants of public lands to railroads, and I propose when these bills come up, if I have the power, to attract some little at tention of the Senate to the question. The lands are going by millions of acres to coro rations, and I propose now, before 3 additional grants are made for roads running par allel Within a few miles of each other toaState which has received such enormous grants as the State of Kansas has, to invoke the attention of the Senate.
Mr. POMEROY. There are 2 observations which I desire to submit in reply to the Senfrom Indiana. The 1st is that there are no grants proposed for 3 roads run ning parallel with each other. 2nd, there are not 10,000 acres of land in the whole grant to this road in my State, and I believe not 5,000. I will leave that point, however, to the report of the ComrGLO when it is received. There are other interests of which I will speak when the bill does come up, that perhaps explain the reason why the Senfrom Indiana objects to the bill.
Mr. HENDRICKS. perhaps I am not exactly accurate in sayin that the 3 roads run parallel with each other. One road runs from Kansas City in a southern direction par allel with a road to which we made a grant of lands 2 years ago. Another runs from Fort Riley down toward Fort Smith, across one of the roads to which we made a grant 2 years ago not exactly parallel, but they are in the salrlne neighborhood, lapping one upon the other.
Mr. POMEROY. The road of which the Senator speaks from Lawrence has already a grant of public lands.
Mr. POMEROY and the road from Fort Riley has alread a grant of lands.
Mr. POMEROY. No additional grant is asked for these roads. Then there are no 3 roads before Congress asking for grants of land.
Mr. HENDRICKS. Thatquestion will be pretty fully discussed, I appreend,when we take u the bill. I think it is a grant of public Ian s I do not agree with the Senator in that. If, a is not, the bills ought not to have been before the ComPubLands. I know just where the one grant stops and where the other commences. But I am not prepared to discuss the question, and I do not intend to go into it.
Mr. WILSON. Does the Senfrom missouriwithdraw his motion?
Mr. HENDERSON. Yes, sir; I withdraw It for the time bein, with the single remark that I know but littIe about these grants, as I said before, and I am sorry that the Senfrom Indiana should have suffered himself to get excited on a subject of this sort. whENDRICKS. NO excitement in the or.
Mr. HENDERSON. The Senator seemed to be very earnest anyhow, if not excited; de cidedly so. I was requested by some members by Mr. VANHons, from the Kansas City district, who feels very considerable interest in this matter, to urge the bill through the senate. I did not expect to excite even earnestness in the opposition of any gentleman, be cause, though, as I have already stated, I know but little about these grants, I am satisfied from the statements made to me that the bill is in the usual form. I have never introduced a bill into this body for the incorporation of a railroad company or asking for a grant of lands for railroad purposes; and although a western man, I have doubted very much the propriety of squandering the public lands as I have seen it done. But in all kindness I must submit to the Senfrom Indiana, who is a member of the ComPubLands, that I have never known of his opposition to any railroad unable to attract the attention of the Senfrom Missouri. I know that 2 grants were proposed to be made recently to the State of ahfornia and one to the State of Nevada, which I opposed as earnestly asI could in this body, because they were not accordin to the system which wehad agreed upon. therewas a pretty close vote upon them, but the bills were passed.
Mr. HENDERSON. I must have been absent at the time the Senfrom Indiana speaks of, for I have known of no opposition of his to such grants. Indeed, I thought that he had been rather profligate, if I may use that expression, in regard to grants of public lands; that he had been rather free in voting such rants where I thought they ought not to have been given. I say so without intending to reflect at all upon the Senator. Believing that to have been his course, I was a little surprised at his earnestness in opposition to this bill. However, as he wants time to examine the bill, and as I never wish to press a measure that Senators desire time to examine, I will let it stand over for the present.
Mr. HENDRICKS. I desire to say just one word in reply to the Senfrom issouri. I do not think I have sought, in advocating an of these grants, to squander any of the public lands. I have been afriend to such measures as I thought of importance, where the Government in a particular locality had not done what Ithought was its proortion in the development of the country. Tint I am not in favor of giving lands away simply because we can. I want to see the right of it before it is done.
The PRESIDENT protempera. The Chair understands the Senfrom Missourito with draw his motion.
Mr. HENDERSON. Yes, sir. MRS. W. L. HERNDON.
Mr. CONNESS. I move to take up House bill No. 193. It is a small bill for the relief of Mrs. Herndou, which was once laid over on an objection; but I believe there is now no objection to it. I move to take it u. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 193) for the relief of Mrs. William L. Herndon. It is a direction to the SecyInterior to cause a copyright to issue securing to Mrs. William L. Herndou, to her heirs, assigns, and legal representatives, the exclusive right to republish the book entitled Exploration of the Valley of the Amazon, heretoforepublished under order of Congress, and to publish the same for the term of 14 years from the passage of the act.
Mr. CONNESS. Mrs. Herndon is the widow of Lieutenant Herndou, of the U.S. Navy, who was in command of the steamship Central America, which was lost in the Atlan tic ocean a few years since. It is unnecessary and until the present occasion. This is the gist one I have ever heard him oppose.
Mr. HENDRICKS. Then have been l from my State in the lower House, particularly, for me todo more than call attention to his case. The country remembers how gallantly he stood by his ship until all her passengers were sent off, and how he went down with her. His widow, a most estimable and excellent lady, who has never ceased to feel the pride that a true woman should in her husband, asks the privilege of the Government of the U.S. to extend to her the copyright of the book s oken of in the bill, the report of Lieutenant ierndons explorations in the valley of the Amazon, published by the Government and now out of print, her purpose being to make additions, biographical and otherwrse of her husband, and cause its republication. I hold in my hand a letter which have received from her stating her case, but I suppose the Senate will not ask me to have it read.
Mr. CONNESS. She is at NewYork at the present time. I will not occupy the time of the Senate by reading the letter, and as it is a private letter perhaps it would not be proper to do so. I will say, however, that she states intelligibly and well her purpose and what she desires. The matter has been examined in both Houses by the proper committces.
Mr. CLARK. I desire to inquire of the senator whether he has examined to see if anybody else has any claim on any portion of the book, as, for exam le, the lates, if there be any.
Mr. congress. here is none whatever. The committees examination, I believe, has been entirely complete in that respect. The book has been for many years out of print; I remember it very well; I read it with a great deal of care when it was published; it is a most interesting volume, and is now called for, as this lad states, from the booksellers.
Mr. CLARK. I have no objection to the bill if nobody else has any claim.
Mr. CONNESS. I will not occupy the attention of the Senate longer.
Skip Skip The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. ROCKISLAND ARSENAL.
Skip Skip The bill was reported to the Senate, and orderengross for a 3rd reading.
Mr. GRIMES. I rise to inquire of the chairman of the Committee on militaryAffairs how much of the money appropriated under the 1st clause of the 4t section is to be expended in purchasing Benhams, Wilsons, an Winnebago Islands, and how much is to be expended in the payment of claims to that portion of RockIsland that has been purchased of other individuals.
Mr. WILSON. I do not knowthat I can answer the Senator precisely in regard to the amount necessary to purchase these 3 small islands. But the Ordnance Dept very strongly recommend the purchase of these isl and s, especially the upperone. I think that but a very small portion of the $293,000 appropriated in the bill is for the purpose of paying for the land. We had a may furnished us by the Ordnance Dept, s iowing the position of all these islands; and General yer, the head of that Dept, in a letter sets forth the necessity for their possession by the Government. I do not know that an estimate has been made of the precise amount that these small islands will cost. They are very small islands, one of them only a couple of acres, one 7 acres, and the other buta mere dot in the river. I do not think the will cost a.great deal. The Dept say that it is for the interest of the arsenal there to have these 3 small islands.
Mr. TRUMBULL. I do not know that I can give the Senfrom Iowa the precise information that he desires, though I saw General Rodman who is in command at RockIsland, when he was here, and he showed me the maps and explainedto me the necessit, as they supposed, for having these islands. I do not suppose the price is gxed. The act which I have before me of 1864 authorized the condemnation of property and prescribed the means of condemning it. A portion of RockIsland belongs to private individuals, and some of that property has been condemned, I think, and probably these islands have not been condemned. The bill under consideration here provides for paying the claimants such amounts as may be reported by the board of commissioners authorized by the act of April 19, 1864. That act provides for the apointment of commissioners by the court, I think I have not had time to read it today, but I recollect the not provided for the appointment of commissioners by the U.S. court to condemn the lands.
Mr. GRIMES. The information I want is where is the necessity for the purchase of these 3 islands, what are called islands here and how much it is proposed to pay for tern. There must be some information furnished by the War Dept.
Mr. TRUMBULL. The last inquiry I can answer. It is proposed to pay for them whatever the commissioners a pointed by the court find them to be worth. T atis the provision of the bill. What that may be I cannot say, and I do not suppose anybody knows; probably persons acquainted there could tell something about it. this here provided that we shafi pay whatever amount shall be found by the commission authorized by the act of Apri19, 1864, to assess the damages for taking private property on RockIsland, Illinois, for a military arsenal. That fixes that.
Mr. GRIMES. That does not extend to these other islands.
Mr. TRUMBULL. By this bill on all these islands.
Mr. GRIMES. Whereis that authority conferred upon them by this bill?
Mr. TRUMBULL. I understood it to do so. Mr.WlLSON. This bill gives the authority.
Mr. TRUMBULL. This bill authorizes it. The Senator will find it in the 4th section: To liquidate claims for property in Benhams. wilsons and Winnebago Is and s and for property in RockIsland which has been taken. in pursuance of law. for military purposes, $293, 600 or so much rtehsepreeocft.ivaenedlaniommanotrses, uacshmamay be nntseacsemssaay rbyteo reported by the board of commissioners authorized by the act of April 19.1864, and ordered by the U.S. circuit court to be paid to each.
Mr. GRIMES. This bill does not revive that act at all.
Mr. TRUMBULL. Perhaps the bill is de fective. I have not examined it very care full.
Mr. JOHNSON. Let me ask the Senator what is the date of the act to which he referred just now.
Mr. TRUMBULL. I think the bill proba bly contains all that is necessary.
Mr. WILSON. If the Senator will allow me, the 3rd section of the bill provides That the revisions of the not. approved April 19, 1864e.ntited " An act in addition to an actfor the establishment of certain arsenals, ” be so extended as toinclude the small islands contiguous to RockIsland, and known as Benhams, Wilson s, and Win nebagoIslands.
Mr. TRUMBULL. It will be seen that by that section the provisions of the act of April 19, 1864, are extended so as to embrace these 3 islands, and then the amount to be paid is the amount that is assessed by these corn missioners. I do not suppose anybody can know what the amount will be until the assessment is made. I wish to so, in reply to the other question asked by the Senfrom Iowa, that in a conversation which I had with General Rodman he explained what be supposed to be the necessity of having these islands, and my recollection of it is 5311ti.hey desire to have these isl and s in connection with the water power which they want to use in some way, and they think it necessary to have control over them. I do not suppose they are very valuable. The War Dept deem it necessary in their arrangements to have these islands; perhaps the Senfrom Massachusetts can explain why; but as to the price, that will depend upon the assessment.
Mr. KIRKWOOD. With reference to the upperisland, it is evident, I think, that it is necessary for the use of the establishment at RockIsland. There is as the Senfrom Massachusetts has stated, a dam for connecting it with the larger island making good water power. It is now in use for a saw mill, and may be used hereafter for Army purposes. There is a small island at the lower end of RockIsland composed of deposits, I think.
Mr. KIRKWOOD. Yes, sir; I think the purpose of getting possession of it is the fear that it might get into the hands of an individual and might be made a source of anno once to the Government in the use of the larger islands. I think it is to give the Government unrestrained control of the whole of them, to prevent their being used in such a way as to annoy the Government establishment at any time.
Mr. WILSON. According to the statement made, one of the reasons for obtaining possession of the lower islands is to prevent ooths for drinking, &c., from being erected. It is said it will not cost much to secure these isl and s. The upperisland is desired iu order to build a dam to get water.
Mr. KIRKWOOD. In regard to the expense of procuring the title to the fiand on thisisland, I understand it is not to be bought, but commissioners have been appointed to condemn it. The sum named in the bill is entirely be yond the value of the land. There is no question about that.
Mr. TRUMBULL. This sum is not for that particular purpose alone; it is for other purposes.
Mr. KIRKWOOD. I understand that commissioners are appointed to take the land and condemn it at its true and propervalue, and pay that to the parties. I ope the bill will ass. The bill was read a 3rd time and passed AMENDMENT OF POSTAL LAWS.
Mr. VANWINKLE. Iask the Senate to proceed to the consideration of House bill No. 81, to amend the postal laws. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill.
Mr. VANWINKLE. Before the bill is read I will ask the Secreta to insert a word which has been accidental y omitted in the printing of the bill. It is the word “not, ” In line 12 of the 6th section, after the word “imprisoned.”
The PR iSIDENT protempers. That is a clerical mistake, and will be corrected.
Mr. VANWINKLE. I moveto amend the amendment by inserting “July.” The auienment to the amendment was agreed to. The amendment, as amended, wasadopted. The next amendment was in section one, line 4, after the word “ repaid” to insert the words “and free, ” so that the section will read: That from and after the lat day of July. 1866,propaid and free letters shall be forwarded, die. The amendment was agreed to. The next amendment was in section 6, line 8, after the word “aforesaid” to strike out the words “either by pouring into such boxes oil, water, or other fluid, or by any other means.” The amendment was agreed to. The next amendment was in section 6, line 11, after the word “not” to strike out the words “less than 100 nor;” and iu the same line to strike out the words “1000” and insert “ 500, ” and in the 12th line to strike out the words “less than one year nor;” so that the clause will read: Every such offenderbeing thercof duly convicted shall tor every such offense, be fined not more than or be iniprisonednot more than 3 years. at the discretion of the court. The amendment was agreed to.
Mr. RAMSEY. At the instance of the ComPostOffices, I offer another amendment, to come in as an independent section: Abife: That wheneverthe PostMGenl shall require special agents of the postofficeDepttocollect ordisburso thopublic moneys accruing frompostages, such specialagent or agents, when so employed shall, prior to enteringuion such duty, give bon in such sum and in such orm and with such security as the PostMGenl may approve. 1 The amendment was agreed to.
Mr. KIRKWOOD. I desire to call the attention of the Senator having charge of this bill to the 4th section, relating to the reis suauce of money orders where they have been lost. I suggest the propriety of requiring the giving of a bond by the person to whom the 2nd order is issued, in case the 1st one should ever again be brought forward. It is usual I think in cases of this kind in banking institutions; and it is usual for Congress, where we provide for issuing new bonds where the original ones have been lost, to require the part receiving the new bond to give his own on to hold the Government harmless.
Mr. VANWINKLE. That subject was canvassed in the committee, and the opinion was that it was not necessary to introduce the provision. These money orders are not like onds or drafts that can be paid by any person. They must come back to the postoffice for payment. When one is reported lost, notification is immediatel given to all the money order 0st offices; an it is impossible that any evil of the kind suggested could occur. This section is intended to facilitate the business where, erliaps by the fault of the postoffice establishment, the money order has got astray. It is not believed that the Government will sustain any loss from that money order falling into the hands of.an improperperson. I think, therefore, that the amendment suggested, although it would be very properin most such cases, is not required in t is.
Skip Skip 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 a 3rd time and passed. OTWAY H. BERRYMAN.
Mr. WILLEY. I ask the Senate to take up Senate bill No. 284. The motion was agreed to; and the bill (S.No.284) for the relief of the children of Otwny H. Berr man, deceased, was read a 2nd time an considered as in ComWhole. It directs the proper accounting officers of the Treasury to allow and payto the children of Otway H. Berr man, deceased, the sum of $2, 160 02, beingt e amount of losses sustained by Otway H. Berryman while commanding and acting as purser of the U.S. schooner Onkahye; but it is not to exceed the amount which a purser would have received for performing the same duties on board of the vessel.
Mr. FESSENDEN. If there is a report in that case. I should like to hear it.
Mr. WILLEY. There is a report accom panying the bill which I ask may e read.
The Secretary read the following report submitted
Mr. JOHNSON. Is this bill reported by a committee?
The PRESIDENT protemporc. By the ComNavA airs.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, road the 3rd time, and passed. EXECUTIVE SESSION.
Mr. CRAGIN. I move that the Senate proceed to the consideration of House bill $10. 453, for the relief of Cornelius B. Gold, late acting asst aymaster U.S. Navy.
Mr. DOOLlTTLE. I desire to move an executive session.
Mr. CRAGIN. This is a.very brief bill, and will not take 5 minutes.
Mr. DOOLITTLE. It is important that we have an executive session. There is a matter pending which should be disposed of, and I move that the Senate now proceed to the consideration of executive busniess. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, May 22, 1866. The House met at 12 oclock in. The Journal of yesterday was read and approved. lhe SPEAKER stated that the absence of the Chaplain, Mr. Borsros, for the past week was on account of illness. DISBURSINE OFFICERS OF PUBLIC WORKS.
Mr. CULLOM, by unanimous consent, introduced a bill to amend an not entitled “ An act making appropriations forsundry civilexpenses of the government for the year ending the 30th of June, 1859;” which was read a 1st and 2nd time. The bill was read at length. It proposes to amend a proviso of the act of June 30, 1869, so that it shall read as follows: Provided further. That where there is no collector at the place of location of any public works herein specified the SecyTreasury shall have power to appoint a disbursinizagentfor the payment of the moneysthat are or may be hereafter appropriated for the construction of any such public works. awnitdhjussutc: h compensation as he may deempqmtahle and all laws and parts of laws in conflict with the provisions of this sectionbe, and the same are hereby. repealed.
Skip Skip The bill was then orderengross and read a 3rd time i and being engrossed, it was accordingly read the 3rd time and passed. LETTER CARRIERS OF SanFranCISE O.
Mr. McRUER asked unanimous consent to report back from the ComPostOffice, for action at this time, JtResolution H.R.No. 142, authorizing the PostMGen to pay additional salaries to letter carriers of SanFrancise o. Objection was made. SUSPENSION and RESTORATION OF PENSIONS.
Mr. SCHENCK, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas the ComrPension.on the 10th day of June. 1863 issued certain instructions and forms for the restoration to the pension rolls of the names of persons who were dropped therefrom in pursuanceof an not approved February 4.1862.entitled “An act authorizing the SecyInterior to strike from the pension rolls the names of such persons as have taken up arms against the government or who may have in any manner encouraged the rebelliouz” Therefore. Ifcaolveil, That the SecyInterior be directed to report to this House the names and places of residence of all persons who were dropped from the pension rolls in pursuanceof said not and who have been at any time since restored thereto; and of all paerpse onnd siwnhgo.wseithaptpaliedaattieon of such rerestsotoraratitoionnmorauyp sthill cution and the amount of annual pension allowe or claimed in each case: also whether arrears of pensionsfor any period of the rebellion have been allowed or claimedin spy such cases and the amount of nrrears allowed or claimed in each case: also an estimate of then nioniit required to pay the arrears of pensions which accrued during the late rebellion to persons dropped troin therolls in pursuance of the provisions of Saidact: and also the precise proofs upon which in each onsetherestoration was allowed or the peach lnRIlpIillCHllOn based and on ivhose orderor by whose decision and under what provision of law such restoration OPPLHSIODO1Im.y111 oi.flallr.rearsof pension has been directed or authorized.
Mr. SCHENCK mtRtv the resolution was agreed to; on the table. Agreed to. A. WALKER.
Mr. BIDWELL, by unanimous consent, introduced a bill for the relief of A. Walker for losses sustained in the Mexican war; which was read a 1st and 2nd time, and referred to the ComClaims.
Mr. HARDING, of Illinois. reular order of business.
Mr. INGERSOLL. Will the Gentfrom Illinois [Mr. HABDING] yield to me for a moment?
Mr. HARDING, of Illinois. I am anxious to get through with the public business. I do not want to have evening sessions; still I am willing to attend them if they are necessary. But I cannot consent to taking up the time of the House, which should be devoted to the regular business of the House, by special business.
Mr. MORRILL. I think we better go on with the regular business. ASST SECYNAVY.
The SPEAKER. The regular order is the unfinished business of yesterday, being the consideration of Senate bill NO. 318, authorizing the appointment of an additional Asst SecyNavy. The question was upon ordering the bill to be read a 3rd time.
Mr. RICE, of Massachusetts. I took ocea Bion just before the adjournment yesterday to explain the object and purpose of the bill now under consideration. I suppose it is quite fully understood by the House, and I have no desire to consume time valuable for other purposes in any further discussion of this bill and therefore I now call the previous question.
Skip Skip Mr. ROSS moved hat the bill be laid on the table. On the motion there were yeas 35, noes 65; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Mr. Ross, and Mr. RICE of Massachusetts. The House divided; and the tellers reported ayes28, noes 65. So the bill was not laid on the table.
Mr. BRANDEGEE. Would it be in order, Mr. Speaker, to move to amend the bill so as to give the SecyNavy leave to go abroad? Lau hter.]
The SPEAKER. No amendment is in order pending the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to a t ird reading, and read the 3rd time. The question being on the passage of the I demand the lJlll Mr. ANCONA demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 69, nays 41, not voting 73; So the bill was passed. Mr. RICE, of Massachusetts, mtRtv the bill was passed; on the table. Theiatter motion was agreed to. sustain LAW.
The SPEAKER. The morning hour has commenced; and agreeably to order, the House resumes the consideration of the bill (H.R.NO. 698) to establish a uniform system of bank ru tcy throughout the U.S. On this hi the Gentfrom RhdIsland [Mr. Jnn exss is entitled to the floor, 14 minutes of his hour remaining.
Mr. JENCKES. In the bill as printed there are several errors and inaccuracies; and on behalf of the committee I desire to move amendments to correct them. I move to amepd by strikin out the word “county ” in the 3rd line of the 3rd sec t“ion, and inserting in lieu thereof the words congressional district.” The amendment was agreed to.
Mr. JENCKES. I move further to amend by striking out in the 4th line of the 11th section the word “5” and inserting in lieu thereof the word “ 3;” so that the clause will read: That if any person residing within the jurisdiction of the U.S., owing debts provable under this not exceeding the amount of$300, shall apply by petition, &c. The amendment was agreed to.
Mr. JENCKES. I also move to amend by striking out in the 27th and 20 8th lines of the 28 h section the words “at the time such dividend is given.” Those words are superfluous. The amendment was agreed to.
Mr. HOLMES. I suggest to the Gentfrom RhdIsland that in the 34thline of the 11thsection the word “5”. should be “ 3. ”
Mr. JENCKES. The gentleman is correct. I move to amend by striking out “ 5" in the line the gentlemanmentions and inserting “ 3. ” The amendment was agreed to.
Mr. PAINE. I desire to move an amendment to strike out from the bill the provisions with reference to compulsory or involuntary bankruptcy, sections 39, 40, 41, and 42. I do not suppose that this amendment will meet the approval of the Gentfrom RhdIsland; but I ask him to ield to me that I may test the opinion of the House upon the matter.
Mr. JENCKES. That point was raised during the course of the discussion, and as the sense of the House has already been tested, I decline to Withdraw the previous question for that amendment.
Mr. STEVENS. I hepe the gentleman will withdraw the call for the previous question to let me move the postponement of this harikariuntil December next. [Laughteu]
Mr. JENCKES. I decline to withdraw the demand for the previous question. The House divided; and there were ayes 59, noes 35. Mr. BLAINE demanded tellers. Tellers were not ordered. So the previous question was 2nded. The mainquestion was ordered to be put. Mr. STEVENS moved that the bill be laid it on the table; and on that motion demanded e yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the ne ative yeas 49, nays 78, not voting 56; So the House refused to lay the bill upon the table. Duringthe vote, Mr. CULLOM stated he was paired with Mr. Wnlvrwonrn, who was for the bill, while he was against it. Mr. DENISON stated he was paired with Mr. Noun, who would vote for the bill, while he was against it. Mr. KUYKENDALL stated he was paired with Mr. RAYMOND, who would vote for the bill, while he would vote against it. Mr. ALLISON stated that his colleague, Mr. KASSON, who would vote for the bill, was paired with Mr. Bunmum, who would vote agalnstit. Mr. LEBLOND stated he was aired with Mr. GRINNELL, who was for the hi I, while he was against it. The vote was then announced as above recorded.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. JENCKESdemanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. HARDING, of Kentucky, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 68, nays 59, not voting 56; So the bill was passed. During the roll call, Mr. CHLLOM said: I have fiaired with my colleague, Mr. Wnurwonrn. e would have voted for the bill, and I against it. Mr. KUYKENDALL. I have paired with the Gentfrom NewYork, Mr. RAYMOND. He would have voted for it, and I against it. Mr. ALLISON. My colleague, Mr. Kas sos, who would have voted for this bill, has aired with the Gentfrom Missouri, Mr. EENJAMIN, who would have voted against it. Mr. INGERSOLL. Mr. Speaker, I voted “no” on the call of the Clerk. The chairman of the committee informs me that the Gentfrom NewYork, Mr. POMEROY, who is absent, has written to him that he understood the pair that he made with me a month ago still continues; that he supposes that the pair a plied to the old bankrupt bill, which was de eated, and also to this, that takes its place. If that is so, I wish to withdraw my vote. Mr. GARFIELD. I have paired with the Gentfrom NewYork, Mr. DARLING, who would have voted for the bill, and I would have voted against it. Mr. JENCKES mtRtv the bill was passed; upon the table. Agreed to.
The SPEAKER stated as the next business in order the calling of the select committee on freedmens alfairs for reports. WILBERFOREB INSTITUTE. On motion of
Mr. ELIOT, the committee on freedmens alfairs was discharged from the further consideration of the memorial of J. H. Irwin for an appropriation for Wilberforce Institute, and the same was referred to the committee on education. rnnnnnnlvs BUREAU.
Mr. ELIOT. The select committee on freedmens affairs have instructed me to report a bill to continue in force and to amend an act entitled “An act to establish:1.Bureau for the Relief of Freedmen and Refugees, and for other purposes.” lhe bill was read a 1st and 2nd time, and the question was upon ordering it to be engrossed and read a 3rd time. he Clerk commenced the reading of the bill, but before concluding the morning hour exired. v n motion of
Mr. ELIOT, by unanimous consent, the bill was ordered to be printed. ENROLLED BILLS SIGNED.
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: An act (H. No. 510) to incorporate the Academy of Music of Washington city; An act (H.R.No. 371) to grant a pension to Leonard StClair; andJtResolution (S.R.No. 97) to authorize certain medals to be distributed to veteran soldiers free of postage. WITHDRAWAL of PAPERS. On motion of
Mr. DRIGGS, by unanimous consent, leave was granted to Wlthdraw from the files of the House the apers in the case of John C. Jacoby, copies elng lelt. LAWS OF ARIZONA.
The SPEAKER laid before the House a copy of the laws of Arizona Territory; which was referred to the ComTerritor. CLERKS IN THE WAR DEPT.
The SPEAKER laid before the House a communication from the SecyWar, transmitting a list of clerks ill his Dept, in compliance with a resolution of the House of the 7th instant; which was referred to the select committee on the civil service of the U.S. EQUALIZATION OF BOUNTIES
Mr. SCHENCK. A motion has been entered to reconsider the reference of the bill for the equalization of bounties to the ComWhole. Some suggestions have be en made in reference to a change of phraseology, there being 2 or 3 ambiguitles in the blll, and it may be well to revise it. I ask, therefore, to have it recommitted to the ComMilAlfairs, so that we may act upon it at the lpent meeting on Thursday, and report it bac. The motion to reconsider prevailed and the bill was accordingly recommitted to the committee with authority to report at any time. WITHHOLDING sonmnlts MONEY.
Mr. DRIGGS, by unanimous consent, introduced a bill to punish attorneys and others for withholding moneys collected for officers, soldiers, and sailors; which was read a 1st and 2nd time, and referred to the ComMilAffrs. On motion of
Mr. DRIGGS, the ComPubLands was discharged from the further consideration of House bill No. 522, to provide for the construction of a wagon road fiom Columbus, Nebraska Territory, to Virginia City, Montana Territory. On motion of
Mr. SAWYER, the ComInvalidPens was discharged from the further consideration of the petition of Joseph Blick, the father of Henry Blick; and the same was referred to the ComMilAdairs. MUSIC IN THE PUBLIC GROUNDS.
Mr. WRIGHT, by unanimous consent, submitted the following resolution; which was read and referred to the ComPubBldg and Grounds: Resolved, That the ComrPubBldg be directed to replace the orchestra platform recently removed from the Presidents grounds by the erection of a new onc and also to erect 0110upon the Capitol grounds. EXECUTIVE MANSION.
Mr. RICE, of Maine. I ask the unanimous consent of the Houseto offer the followmg concurrent resolution: Resolvedbythe HoRep (theSenate concurringigThatthe standing Committeesof the 2 Houses on publicBuildingsaud Groundsbe. and they hereby are, constituted aJomt committeeto examine the several sites and groundswhich may be proposed for the purposes of a new Executive Mansion and residence.to inquire as to the necessity and expe diency for such new accommodationsfor the President and toconsidersuch rices. plans and estrmates touching thesamoas may opresented and that they report by bill or otherwrse.
Mr. MORRILL moved 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 accordin 1y resolved itself into the ComWhole on the state of the Union, (Mr. Dawns m the chair) and resumed the consideration of the special order, being a bill of the House (No. 513 to amend an not entitled “An act to provide internalrevenue to an ort the Government, to pay interest on the pay ic debt, and for other purposes, approvedJunc 80, 1864, and acts amendatory thereof.
The Clerk read the pending paragraphs, as follows: On cotton ugon which no tax has been levied. collooted, or pni and which is not exempted by law, a tax of 2 cents perpound. which she lbs and remain a lien thereon until said tax shall have been paid, in the possessionofany personor personswhom soever: Provided. That this paragra shall be and remain in forceuntil July 1. 866.an no lomzor. On all manufactures not otherwise provided for. ofcotton. wool, silk worsted flax, hemp.jute, India rnbber. guttn percha. wood. glass. pottery ware. leather, aper. iron. steel, load, tin. co per. zinc, brass.go d. silver horn. ivory. bone, brist cs. wholly or in art or of othermaterials.a tax of 5%. adm orem: Provided, That on all cloths or articles dyed, printed or blenched.on which a tax shall have bbleeeancheadid, beforethe samewere so dyed. printed, or the said tax of 5% shall be as sessedonly upon the increasedvalue thereof: Aad providedfurlher, That any cloth or fabrics or articles, as aforesaid.when madewholly or 1n pa.rt of thread. rn or warps. imported or upon which a duty shall have been assesse and paid shall be assessedand pay atax on the increasedvalue only thereof; and when made wholly by the same manufacturer shall be subjectto a tax only of 5%. advalorcm.
Mr. MORRILL. On page 95, line 20 152, I move to strike out the words “wholly or in part, ” so that the proviso will read: Anrlpromdedfurtler. That any cloth or fabrics or articles. as aforesaid. when madeof thread, yarn, or warps. &c. The amendment was agreed to.
Mr. SPALDING. I move to insert at the end of the paragraph the following additional proviso: and provided further. That brown earthen and commonor gre stone ware shall be subject to a tax of Itwo and one elf%. adealoremand nomore. believe that this amendment will not meet with any opposition from the ComWays and It cans, and I hope it will be adopted. It refers only to the cheap pottery for kitchen purposes.
Mr. MORRILL. I have not consulted the ComWays&Means, but I am in favor of that amendment myself. The amendment was agreed to.
The Clerk read as follows: On all diamonds, emeralds.precious stones and imitations thereof and all other jcwclr a tax of 5%. adoalorem: Provided. but when diamonds. emeralds.precious stones or imitations thereof, imported from foreign countries or upon which import duties have been paid shall be set or resetin gold or any other material, the tax shall be assessedand paid only upon the value of the settings.
Mr. LAWRENCE, of Ohio. I hope I can havevleave to go back to the paragraph preceding the one just read for the purpose of strikin out the words “ flax and jute.”
Mr. LAWRENCE, of Ohio. I move to amend the paragraph just read by striking out in line 2158 the word “live” and inserting “ten, ” and also by striking out the proviso. I hope the committee will ive their attention to this provision. It will be seen that this provision designs to assess a tax of 5%. “on all diamonds, emeralds, precious stones and imitations thereof, and all other jewelry.” Now, In object to that paragraph because the tax upon these articles is not sulficiently high as compared with the other articles enumerated in this bill. I do not see the propriety of levying the same tax upon these articles, confessedly articles of mere ornament and luxury, wholly unnecessary forany valuable purpose. I cannot see the propriety oflevying the same tax upon these articles that you assess upon thread. leather, candles, se rews, and many other articles that enter into the manufacture of articles of necessity, and articles for the use of the mechanic, the artisan, and laborer all over the country. It seems to me that we should impose as large a tax as possible upon these articles of mere luxury, so as to erive as much revenue as practicable. I do not wish to discuss this matter at any length. But I hope the amendment I have offered will prevail, and that we will assess at least a tax of 10%. upon these articles which can bear it much better than other articles which are taxed the same amount.
Mr. MORRILL. If the gentleman had had some exerience in this matter he would see the impo icy of levying any higher rate of duty than is proposed in this bill. Consider the subject in its foreign relations; the tax was for merly placed at. 5%. In the tariff act of 1861 it was raise to 10% and I am informed by those who are engaged in the business that they can contract for diamonds and precious stones, whether set or unset, de livered in NewYork free of duty, for 7 and a half%. Should we undertake to levy a high tax upon these articles it would prove to be wholly fallacious. If the gentleman means by his amendment to throw this business entirely into the hands of foreigners, then his course is approperone. Buti he is willing to continue the little amount ofbusiness that we have already in this country in these articles, then the present tax is high enouwh It is all that we can collect, and 1 hope that the rate here proposed will not he changed.
Mr. LAWRENCE, of Ohio. I move to amend my amendment by making it 12%., for the purpose of saying that I am not troubled with the objection which is urged to my amendment by the distinguished chairman of the ComWays&Means, [Mr. Moaaii.r. ] I would not propose to throw this business entirely into the ban s of foreign manufacturers. But I understand we are to have reported a tariff bill in which we can provide for all that. I would lev such duty on the importation of those atticles as would enable the home manufacturer to produce all these articles, or, if you please, to exclude them entirely from the country. There is no diflieulty whatever in remeding the difficulty presented by the Gentfrom Vermont [Mr. MORRILL] simply by levying such a duty on the importation of these articles as will completely shut them out, or levy such a tax as will give the home manufacturer the command of this trade. I do not understand the philosophy that is so often presented here, when we are insisting upon an increased tax upon articles of luxury, by saying that we cannot collect the tax. I know no reason why high taxes cannot be collected upon articles ofluxury as well as upon articles of necessity. The tax can be collected by vigilant Officers. If it be necessary we can add provisions to this law which will enable Officers to collect thor pughly all the tax that may be levied by the ow. Ihope the amendment I have offered will prevail, and that we will increase the duty upon these articles, so that we may derive more revenue from these articles than we will if the tax should be letl. at 5%. I am sure if the committee will give their attention to this subject they will have no objection to the amendment I have proposed.
Mr. MORRILL. I should have no more objection than the Gentfrom Ohio [Mr. Lswnsnen] has to levying a greater tax upon these articles, if it could be collected. at the gentleman does not seem to appreciate the objection to that, which is that these articles are and will be smuggled if the tax upon them should be raised. The experience of the whole world is against the argument of the Gentfrom Ohio, that you can impose a great tax upon these articles. Take for instance the article of watches; a very large aniount of the watches which are brought into this country from abroad are smuggled. Precious stones are not bulky articles, and they are not produced to any extent in this country, and i we are to get any revenue at all from such articles, we must fix the tax at a low rate. They come into the country in letters, in ladies dresses, in gentlemans pockets. It is impossible for the Gentfrom Ohio [Mr. Law asucs] to reach his object by the amendment he has proposed, and I trust his amendment will not be adopted.
Mr. LAWRENCE, of Ohio. I withdraw my amendment to my amendment. The amendment of Mr. Lawnmcs, of Ohio, was not agreed to.
Mr. GARFIELD. I desire consenttorecur to the following paragraph: On articles of clothing manufacturedor produced for sale by weaving knitting or felting; on hats. bonnets and hoop s irts: on articles manufactured or producedfor sale as constituent arts of clothing or for trimming or ornamentin t. O same and on articlesofwearin apparelmanu aetnredor produced for sale from In ierubher.gotta peroha or paper or from far or fur skins dressedwith the fur on. a tax of 5%. adem. I am satisfiedthat the amendment proposed on yesterday to strike out the words “ or paper, ” should have been adopted. NO objection was made to recurring to the paragraph referred to.
Mr. GARFIELD. I now move to strike out the words “ or paper.”
Mr. HOOPER, of Massachusetts. I have some doubt as to the expediency of the proposed amendment. The reason paperwas included in that paragraph was that there is no tax upon the raw material, for we have relieved aperentirely fromtax. We therefore thought it right that the manufacturer of paperclothing should be included in the tax of 5%. It is the only tax it will ay, either as raw material or as manufacture articles.
Mr. GARFIELD. The action of the committee yesterday was based upon what we then understood to be the fact that the whole business of making papercollars is in the hands of a monopoly controlling entirely the manufacture. That, so far as we were then informed, appeared to be the truth. But we have smce had sshtomentfromgantlemen well acquainted with the business, and we find that instead of the business bein in the hands ofamonopoly, there is a very Iieavy competing interest, so that these papercollars are now sold at a very reduced rate. If we should take off the tax provided for in this paragraph and place this article with other articles of clothing, this branch, of business will have the advantage which I think it ought to have. The question simply comes to this: whether we shal charge upon collars made of linen a different rate of tax advalorem from that charged on collars made of paper. The papercolar is certainly worn by a e pass of men ihss able to pay a tax than those wearing collars of more costly may terials. It seems to me, therefore, that we on lit to liberate this article from tax. he Gentfrom Massachusetts Mr. Hoorimi states that the raw material mm which these collars are made has been exempted from tax. So much the better, I reply, for this is a home manufacture almost exclusively; whereas linen is an article very largel lm orted. I hope the amendment will prevai. he amendment was agreed to.
Mr. MORRILL. I move to amend by striking out “ or, ” in line 2161, and inserting in lieu thereof the ward “ and ” The amendment was agreed to.
The Clerk read as follows: On bullion, in lump.ingot, bar, or otherwise.a tax of 1/2 of 1%. all valorem, to be paid by the assnyor of the same, who shall stampthe product of the assayas the comrIntReV, under the direction of the SecyTreasury, may prescribe by general regulations and all sales. transfers. exchanges. trnnsportation, and exportation of gold or silver assayed at any mint of the U.S., or by any private assayer, unless stampedas rescribed y general regulations as aforesaid. are creby declare unlawful; and every personor corporation whoshall sell.transfer transport, exchange. export or deal in the same, shall besubjectto a pen alty of $1,000for each offense and to a fine not exceeding. that sum, and to imprisonment tbr a term not exceeding 2 years nor less than 6 months. No jewelerl worker, or artificer in gold or silver shall use either of these metals exceptit shall have 1st been stamped as aforesaid as required by this act; and every Violation of this sectionshall subjectthe offender to the penalties contained herein. operson or corporation shall take, transport, or cause to be transported, export or cause to be exported from the U.S. any gold or silver in its natural state, uncoined or nausea ed and unstamped. as aforesaid; and for every violation of this revision every offender shall be subicct to the pen ties contained herein.
Mr. MORRILL. I move to amend by striking out in line 2183 the word “section” and insertin in lieu thereof the word “ provision;” so that the clause will read: and every violation of this provision shall subject the offciiderto the penaltiese ontained herein. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out in line 2190 the word “contained” and by inserting after the word “herein” the word “provided.” The amendment was agreed to.
Mr. GARFIELD. I move to amend by striking outinliiics 2183 and 2184 the following words: and every violation of this provision shall subject the offenderto the penaltiese ontained herein. That clause is not necessary, as it is repeated in the last sentence of the paragraph. The amendment was agreed to.
Mr. GARFIELD. I move to amend by striking out in line 2189 the word “provision” and inserting in lieu thereof the word “paragraph.” The amendment was agreed to.
Mr. McRUER. I move to amend by striking out this whole paragraph. I desire to call the attention of the committee to the fact that the tax provided for in this paragraph is the only tax in this bill that does not attach to the article taxed and go forward to be paid by the consumer. This is a direct tax upon the labor employed in mining gold. The tax must be paid y the miner, because the Government has de clared by law that an ounce of gold, whether it cost a days or a months labor, shall be worth only so many dollars and cents. ow, while there is great iropriety in taxing, and taxing heavily, gold and silver which enter into articles Of lllttllultle illle, plate, jewelry, &c., because the consumer or the wearer must eventually pay the tax, it is manifestly unjust and contrary to the whole theory and principle of this bill to require that this tax be paid y the miner. I know that there is an impression here that it is a very easy thing to dig old and sil ver. Men see or hear of the millions of gold landing at the port of NewYork from SanFrancise o; but they do not know anything about the miner who spends oftentimes years in unprofitable labor in order to get this gold from the earth. There is in this tax a principle which does not apply to another single provision in this bill. Gold an silver bullion are worth only so many dollars and cents. This tax cannot be attached to them, but must be paid by the labor which produces them, whether that labor is profitable or not. I hope, therefore, the justice of the committee will see that this par agra )h ought to be stricken out, and that the tax should only be placed upon gold and silver bullion manufactured into articles of luxury.
Mr. STEVENS. I t was reduced to this small sum, as it was thought, by the common consent of the Rercsentatives from the Pacific slope. We of 0t or parts of the country thought it should be larger. The reason for this is obvious. The gold mines are owned by the government of the U.S., an we have laid no royalty upon these mines. The only return the Government can get for the treas ure taken is this small%age. Every other Government charges live times as much. The Government of Mexico charges a much larger royalty. Some means were sought to get a return by the Government for their own treasure taken out by these miners, and for a long time no way was found to be satisfactory. Finally the tax was reduced to this small%age on bullion. It comes from those who own mines, and is paid as aroyalty. A man in Pennsylvania who owned a coal mine and allowed it to be worked would charge 5 times as much. This tax is very small, and I hope there will be no further objection to it.
Mr. HIGBY. I move to strike out the last word in order to make a brief statement in reference to the history of this matter. Iknow very well the feeling of this House on this subject. I.know the struggle we had to get the tax down even to the present rate. the bill as originally reporte to the 38 h Congress put on a tax of 3%., to be paid in old. On motion of a Delegate from daho, tie words “to be paid in gold" were stricken out. Thereu on a meinber of the ComWays&Means rose and moved to increase it from 3 to 5%, which went through like a whirlwind). It then went from the case to the Senate, and the Senate have the merit of reducing it down to 1/2 of one%. When it came back to the House in that form the deleation from California was consulted as to whether we would object to the tax as reduced. I said then, as I say now, that it is manifest injustice to tax at. all the digging of gold out of the mines. While I do not think my colleagues motion will be adopted, still I shall cheerfully vote for it. I withdraw my amendment to the amendment.
Mr. DAVIS. I move to insert in line 20 181 after the word “use” the words “bullion of.” M object, Mr. Chairman, in. offering this amendment, is to protect the small manufacturers of gold and silver wares in our country towns as well as in our cities. If the original terms of the para ph I desire to amend shall be retained, it will be seen that no manufacturer can use old metal, either of gold or silver, old spoons, watch casings, orjewelry settings which he may have received, as is customary, in exchange for his wares, without having such articles or their lI i be sent to States product taken to the assayer and stamped, uness he is willim7 to subject himself to the severe penalties of this net. This, I think, is unfair, unnecessary, and unjust. The large manufacturers in hew York and other principal cities use, I suppose, bullion to a great extent, but the small manufacturers using limited amounts depend principally upon old coin and old articles which have been injured or the fashion of which has changed. My amendment will give to them a deserved protection from the incon venience, annoyance, and injustice to which they will be otherwise subjected.
Mr. WRIGHT. In looking at the latter part of this aragraph I do not quite see the effect of the following: N a personor corporation shall take. transport, or cause to be transported, export or cause to be exported from the U.S., any gold or silver in its natural state, uncomed or unassaed, and unstamped, asaforesaid; and for everyviolation of this provision everyoffendershall be subjectto the pen alties herein contained. Would the Adams Express Company, or any other express company, for sending abroad a box containing unstamped metal be liable to prison 7.
Mr. MORRILL. Unless this provision is in we shall be unable to collect the tax. This is simply a provision that compels the payment f tiis tax before it can be exported.
Mr. DAVIS. I move profor1nd to amend the amendment by striking out “of.” The chairman of the committee is in error in saying that no comlaint has ever been made in " regard to the existing law. I have complaints now from manufacturers in my own district.
Mr. DAVIS. Simply that they shall be allowed to work gold and silver ware and jew elry without being obliged to go to the assayer. I withdraw the amendment to the amendment.
Mr. MORRILL. I renew the amendment for the purpose of saying that the provision as it now is, I believe, will stand the test of criti cism. I am satisfied that the Gentfrom Pennsylvania has not fully considered the entire paragraph. This tax is to be levied upon and paid by the assayer and not by the miner, and then the language is, that “no jeweler, worker, or artificer in gold or silver shall use either of those metals except it shall 1st have been stamped as aforesaid, as required by this act, ” &c.
Mr. KELLEY. The gentleman will observe that the language is “shall use either of these metals.”
Mr. MORRILL. Yes; but go on; “ex cepit it shall 1st have been stamped as afore sai.
Mr. MORRILL. That refers back to the tax aid by the assayer “ who shall stamp the prouet of the assay as the ComrIntRev under the direction of the SecyTreasury, may prescribe by general reulations.”
Mr. KELLEY. All I ask is that the phrase ology Shall be so guarded as not to be “seep. i tible of this construction. houses to ruin and to poison themselveshave any
Mr. MORRILL. Unless you allow the provision to stand as it is, of course these bars unstamed might be used to any extent.
Mr. IDWELL. This clause provides that “no person or cororation shall take, transport, or cause to e transported, export or cause to be exported from the U.S., any gold or silver in its natural state, uncoined or unassayed, and unstamped, as aforesaid, " the I would ask the gentleman if that would not apply to the persons who take the gold or silver out of the mine and take it to market.
Mr. MORRILL. That revision refers merely to exportations from the U.S. I withdraw the amendment to the amendment.
Skip Skip The question was taken on Mr. DAViss amendment, and it was disagreed to.
Mr. KELLEY. I move to insert after line 2190 the following: Provided. That nothing herein contained shall apply to the roworkingo oldgeld or silver not in lump.ingot or bar as aforosai.
Mr. MORRILL. Although I consider it a matter of infinitesimal consequence, I do not object to the amendment. The amendment was agreed to.
Mr. STEVENS. In lines 2185 and 2186 I move to strike out the words “transport or cause to be transported.”
Mr. TIORRILL. I have no objection to t at. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. In lines 2187 and 2188 move to strike out the words “uncoiiied or unas sayed or unstamped” and to insert in lieu thereof the words “ not coined nor assayed nor stamped.” The amendment was agreed to. The Clerk then read as follows: On snuff.manufactured of tobacco or any substitute for tobacco. around. dry or damp. pickled, se ented, or otherwise.of all descriptions.when prepared for use or sale, a tax of 40 cents perpound.
Mr. PRICE. I move to amend that clause by striking out “ 40 ” and inserting “50” in lieu thereof, so as to makethe tax 50 cents perpound. I offer that amendment or the reason that it has been suggested to me that this dampening or picklin is done with the chea wines that we talks about yesterday; and if that be the case, then it may very readily pay a tax of 50 cents perpound. I know nothing of the quality of the tobacco out of which snuff is manufactured. But if it be dampened or pickled by the manufactured wines about which we heard so much yesterday, then I propose to (put this additional tax upon it and as an additional reason for my amendment I ask the Clerk to read the extract which I send to his desk.
The Clerk read as follows: “DRUNKEXNESS t wo DEBAUCHERY in Fraser. We have beennce ustpmed to think that through the cheapnessof light Wine.the mechanicsand agricul turists of France were free from tbe coarser an lower formsof drunkenness. But poor brandies are cheaperthan poorwines; and such is the degradution of much of the French rural and manufacturing population thatthey resortto the formerfor exhilaration and for etfulness. Here is a sad picture of debaseinent and chauchery.terribly suggestive of the effectsofi no rance and poverty indwarllng therace and belitting nations: "Even in France there are towns where women rival men in the habits of intoxication. At Lille, at Rouen. there are some so saturated with it that their infants refuseto take the breast of a sober woman. In the mountains of the Vosges. infants drink oath de vie. 0n Sunda. in the churches, the air is liter ally infected with the smell of eaudevie made from potatoes. In those ine untains there are no more fre nent causes of idiocy and imbecility. foringen era the dwellings are healthy and the W0tol l!excellent. The great misfortune is that the children of habitual drunkurds are idiots. so that the punishment follows from generation to generation, from the guilty and degraded father to the innocent children. In the manufacturing towns the mayors are obliged to take meamros against the supply eaudeVie to children, for there are drunkudl of iftoeii as there are laborers of 8; and war ally and physically they present a melancholy spectacle. No one can believe, no one will venture t.o say. that the wretchedpeople who haunt the public excusefor so doing." During the readinr of the paragraph, Mr. ANCONA said: 1 rise to a point of order, that the extract now being read is not pertinent to the amendment now pendin.
The CHAIRMAN. The Chair overrufizs the point of order. The Clerk will proceed with the reading. The Clerk concluded the reading of the par agraph as above.
Mr. PRICE. That is a picture of the country where the have cheap wines.
Mr. HIGB. What kind of wine do they make from otatoes? [Laughter]
Mr. PRICE. I was referring to the cheap wine country.
Mr. KELLEY. I do not know what is the authority for the extract which has just been read; but I do know that it is very unreliable. I do not believe that my friendfrom Iowa [Mr. Pnien] ever wrote it; I do not think he would commit himself so far. Let him turn to Kays work upon the laboring classes of Europe, and he will find there the most elabo rate contradiction of the cardinal points of the statement that has just been read, and the most ample verification of my theory on yesterday, that where the cheap acid wines prevail there is an almost entire absence of intemperance, inebricty, and all those excesses that mark the life of the British laboring population and which too often mark the life of our American laboring population.
Mr. STEVENS. I would ask my colleague [Mr. KELLEY] what effect it has upon snulf. [Laughter]
Mr. KELLEY. I am not responsible for introducin the subject in this connection.
Mr. KELLEY. I have heard somewhere that there is an affinity between the use of to bucco and the use of strong drinks. But I do not know that there is any affinity between the use of tobacco and the use of sour wines.
Mr. GARFIELD. The Gentfrom Pennsylvania [Mr. Srnvsss] suggests there is not a very obvious connection between this debate on wine and the section before the House, which relates wholly to snuff. The late Dr. Hitchcock, of Amherst College, in his little book entitled “A Zoological Temperance Convention, ” makes one of his ani mals say that wine and tobacco are intimately cennected philologically. Bacchus was god of wine and when you pass to the 3rd case in the declension of his Grecian name you reach the weed under discussion namely “Ho Bacchos, ” “Ton Bacchou, ” “To Baccho”Anglice tobacco.
Mr. KELLEY. If Iwnnted to establish the charge of aristocracy against any portion of my countrymen, I could not do it more thor oughly in the minds of the aristocratic classes of Europe than by arranging our taxes and so controlling our imports as to keep from the poor these wines, the use of which is so promotive of temperance and health, and confine the use of them to the wealthy classes.
Mr. PRICE. I move to amend my amendment so as to make it 45 cents instead of 50 cents. I do this for the purpose of soing to the Gentfrom Pennsylvania
Mr. KELLEY] that he probably would believe or ace Greeley upon this subject quite as much as he would the author he has referred to as authority and I am authorized to say, and no gentle man who understands the question will dispute it, that Horace Greeley indorses the statement the Clerk has read from the desk in reference to the prevalence of drunkenness in countries where chea wines abound. It is the almost universal testimony of those who have investigated this matter that the use of cheap wines in any country is productive of anything else than temperance and morality and that is the issue I have made with the Gentfrom Pennsylvania, [Mr. KELLEYJ.
Mr. PRICE. I cannot yield. I am attend milto the Gentfrom Pennsylvania now.
Mr. HA E. I rise to a question of order: that this debate is not relevant to the paragraph under consideration.
The CHAIRMAN. The Chair sustains the point of order.
Mr. PRICE. I thought the Chair had over ruled that ioint of order. The CHIAIRMAN. The point of order which the Chair overruled was raised by the Gentfrom Pennsylvania, [Mr. ANCONA] fLaughter.
Mr. MORRILL. I move that the committee rise, that we may terminate debate on this paragraph.
Mr. HENDERSON. I should like to have an opportunity to say a few words.
Mr. MORRILL. I merely desire tosa that yesterday we regressed to the extent of only 4 pages of) the bill. Today we have not made that much progress. I trust that the committee will sustain me in the effort to cut off debate when a reasonable length of time has been allowed so that the facts can be under stood. I believe that the committee do not require argument so much as facts. he motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union enerully and particularly the special order, being bill of the House No. 613, 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 ainendatory thereof, and had come to no resolution thereon. enosr; or DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order terminate in t recminutes after the committee shall resume the consideration of the subject. This will give the Gentfrom Oregon [Mr. Hssnsasen] an opportunity to submit a few remarks. The motion was agreed to. TAX BILIr AGAIN.
Mr. MORRHiL. 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 ComWfiiole on the state of the Union, (Mr. Dawes in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an not entitled “An act to provide internalrevenue to an port the Government, to pay interest on the public debt, and for other purposes, ” approved une 30, 1864, and acts amendatory thereof.
Mr. HENDERSON. Mr. Chairman, I am in favor of a high rate of taxation upon the articles of tobacco, cigars and snuff. I thipk that tobacco and the articles made from it are now altogether too cheap and too easily obtained by those who use them. I regard the use of these articles as one of the nuisances that curse the country, and I believe that they ought to be taxed as highlyas possible. If the tax received should not increase the revenue I hope it will decrease the use of tobacco. I regard the use of this article as n. barbarous practice; and in confirmation of this idea I refer to the trade signs which I see on Pennsylvaniaavenue. At the door of every tobacco store I see the figure of a half naked savage or a crazy negro, or a monster representing, I Suppose, a heathen god or some other imaginary being, holding out tobacco, cigars, and snuffs; as much as to say, “ If you want to be oheathen, a savage, or a monster, use tobacco. ” and I see that the practice isprevailing to an alarming extent, so much so that even little boys are using tobacco. 1 see little negro boys, not more than 4 feet high, walking the streets with cigars in their mouths, costing perhaps 25 cents.
Mr. GARFIELD. right?” [Laughter] he amendment was not agreed to.
The Clerk read as follows: On cavendisb. plug, twist, and all other kinds of manufacturedtobacco.not herein otherwmeprovided for, a tax offerty centsperpound. "No amendment being offered,
The Clerk read as fo lows: 0n tobacco twisted by hand or reduceditomleaf into a condition to be consumedwithoutthe use of any machineoriustriiment, and Withoutbein pressed, sweetened or otherwiseprepared, a tax of 30 cents perpound.
Mr. HARDING, of Kentucky. I move to amend by striking out in line 2201 the word “ 30, ” and inserting in lieu thereof the word “ ten;” so as to provide for a tax of ten cents perpound. Mr. Chairman atax of 40 cents perpound on manufactured tobacco is perhaps about reasonable; but tobacco at up in twists merely is not worth one 4tllipor one 5th of the value of the manufactured article. Manufactured tobacco sells for 4 or 5 times as much as tobacco which is merely twisted. Hence the tax proposed in this paragraph is altogether unreasonable. In the West tobacco is prepared in this way, simply twisted up by hand, without any machinery, and without any expenditure of ca ital whatever. It is furnished in this shape y those who raise it, most generally negroes, who raise perhaps one or 200 pounds, and sell it prepared in this rough way at the country stores. Well, now, this tobacco will not sell in market for more than 20 cents per pound. 25 cents or pound is alliigh price. Yet here is a tax of 30 cents, while on man Is not that a “civil ufactured tobacco worth 5 times as much the” tax is only 40 cents. The result will be to break this up and men will buy the tobacco and twist it themselves. Any man can twist up as much in 2 hours time as will last him for ayear. It will therefore cut off entirely this source of revenue. Men cannot afford to pay this tax. It is wholly confined to those who raise small quantities. You will find the tobacco in small quantities in the little stores. There is no expensive machinery about it. It is altogether unreasonable this tax should be imposed. I therefore move that it shall be reneed to ten cents.
Mr. MORRILL. This was originally inserted into the law both for the protection of the revenue and the regular manufacturer of tobacco. We found in Kentucky that large quantities of this tobacco were twisted up, put into paper, and labeled, “This tobacco has aid no tax." It was to protect the Government and the honest manufacturers, and it is still found to be necessary.
Mr. HARDING, of Kentucky. I withdraw in amendment and move to reduce the tax to 15 cents. Mr. Chairman, the tax moved by the committee in their bill will defeat the very object which the Gentfrom Vermont declares they had in view. You cannot prevent the men who wish to avail themselves of the privilege of twisting this tobacco. Why, sir, you can go to a tobacco raiser and buy 50 pounds, twist it up, and lay it away. The whole object oftwisting it is to preserve it so that itwill not crumble. You cannot force people to buy manufactured tobacco by this extremely high tax. If you allow the tax to remain at a reasonable figure such as I repose, this will go on as it has done hereto ore. If, on the contrary, the bill is allowed to remain as it is the Government will collect no revenue at all. This operates upon the peer class of people, and not upon the large planters, who of course send their tobacco to the regular market in hogsheads. I withdraw the amendment I have just offered, and renew my previous amendment that the tax shall be reneed to ten cents. The committee divided; and there were ayes 26, noes 67. So the amendment was disagreed to.
The Clerk read as follows: On fine cut chewing tobacco. whether manufactured with stems in or not, loose, or howeversold.whether in bulk. orin rolls, packages, papers, wrappers or boxes, 9.tax of 40 centsber pound. No amendment being offered, o
The Clerk read as follows: On smoking tobacco of all kinds. including that made of stems or in part of stems and imitations thereof, a tax of 20 centsperpound.
Mr. MORRILL. I move to insert in line 2206 after the word “kinds” these words: “ not sweetened, nor stemmed, nor batted.” The amendment was agreed to.
Mr. MORRILL. I move to insert afterline 2205 the following: On smokin tobacco sweetened.stemmed, or but ted, a.tax of 40 centsperpound. The amendment was agreed to.
Skip Skip MESSAGE FROM THE SENATE. The committee rose informally for the purpose of receiving a message from the Senate, Mr. Fonusv its Secretary, informing the House that the Senate had passed House bill No. 85, for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, with an amendment, in which he was directed to ask the concurrence of the House. Also, that the Senate had passed, without amendment, House bill No. 193, for the relief of Mrs. William L. Herndon. TAX BILL AGAIN.
Mr. MYERS. I offer an amendment to come“ in alter all these paragraphs.
The CHAIRMAN. here is but one para graph under consideration at this time.
Mr. MYERS. Then I offer it to that. I move to strike out the paragraph and to insert in lieu thereof what I send to t ie desk.
The Clerk read the amendment, as follows: That on and after the lst day of July, 1866, in lieu of the duties on manufactured tobacco and cigars now imposedby the several acts to provide internalrevenueto support the Government, there shall be paid by the producer, owner, or holder, upon all tobacco produced within the U.S and upon which no tax has been levied or collected, a tax of 20 centsperpound upon the said tobaccoin the leaf or uninanufiwtured; and such tax shall remain alien thereon and be levied and collected as proVided for in this act in the case of cottonthat all tobacco of domestic growth shall be bonded in Government warehouses, and shall be weighed and marked and on permits given in the case of cotton, may be removed from the district in which it has been produced to any other district without propagment of the tax due thercon upon the execution of ends or givm security, as shall be prescribed by the SecyTreasury: Provided, That there shall be an allowance or drawback on all tobacco equal in amount to the duty paid thereon and no more, when exported; iiodrawbuck, however.to be allowad for sun duties iflcss than ten dollars.
Mr. MYERS.R. Chairman, in the last Congress I stood almost alone in the advocac of a tax such as I have proposed by this amendment. In the present Congress upon my motion a resolution was adopted instructing the ComWays and It cans to report upon the expediency of such a tax. Now, sir, I have scarcely a hope that such an amendment will pass this House with the committee against it, but I think it due to the manufacturers of tobacco in the U.S., who have held conventions in all our great cities and unan imously asked that this tax may be made spe cific and uniform in order to protect the government and themselves against fraud, that their proposition shall not be passed by in silence.
Mr. HOOPER, of Massachusetts. I would inquire of the gentleman whether these were conventions of inanufacturers or producers of tobacco.
Mr. MORRILL. Itrustthe Gentfrom Pennsylvania [Mr. MYERS] will not deem me ungracious or unkind if I do not take time to reply to what he has said. I will merely say that Ihope the amendmentwillnot be adopted. The amendment of Mr. MYERS was not agreed to.
The Clerk read as follows: On cigarettes, or small cigars, madeof tobaccoin closedin awrappsr or binder, and not over 3 and ahalfinches in length. themarketvalue ofwhioh (tax included) is not over 6 dollars per 1,000, a tax oftwo dollars or thousand; when themarket value is over 6 dol ars and not over ten dollars per 1,000, (tax included.) and on cheroots, and cigars known asshort sixes, and on any cigars madewith or without postedor tivistedheads, the marketvalue of which (tax included) is not over ten dollars per 1,000. a tax of 4 dollars per 1,000.
Mr. MORRILL. I move to amend this paragraph so that it shall read as follows: On cigarettes, or small cigars. made of tobacco inclosed in a wrapperor binder, and not over 3 and a half inches in length, and cigars made with twisted heads, the market value of which (tax included) is notover 8 dollars per 1,000, tits! at 2 dollars or thousand; when the market value is over 8 dollars and not over 12 dollars per 1,000.Silaxincluded.) and on cheroots and cigars known as s art sixes, and on any cigars, the market value of which (tax included) is not over 12 dollars per 1,000, a tax of 4 dollars per 1,000. The amendment was agreed to.
Mr. Lawnssen, of Ohio, withdrew his amendment.
Mr. SLOAN. I hope the amendment of the Gentfrom Ohio [Mr. SCHENCK] will be adopted. In myjudgment, upon it do ends the question whether the culture of to acco in this country shall be confined to a few 10 calities or whether it shall extend over a very large portion of the country, as itwas extending very rapidly before the last revenue low went into operation. I expected to hear from the chairman of the ComWays&Means, [Mr. Mon MLL] when this amendment was proposed, the assertion which he has made, that we had tried the system of imposing taxes according to value, and it had failed and I also expected to hear him appeal to the House, as he has done, not to go back to that system for the reason that it had been tried on had failed. Now, I den that that system has failed; I deny that it as ever had a fair trial.
Mr. SLOAN. Under the 1st law for raising revenue there was a grading of taxes upon the values of tobacco. But there was no provision whatever put into the bill for the purpose of enforcing that graduation and a construction was put on it by the then ComrIntRev which prevented the collection of the various grades of duties. If there was any failure about it, it was a failure in consequence of the incompetency and sta pidity, if not something worse, of the then ComrIntRev. The ComWays&Means understand perfectly the operation of that law as it stood, and the mode in which it was evaded. Large manufacturers sold the material out of which cigars were made to their journeymen, at such price as they pleased, with the understanding that the journeymen should afterward sell back to them the manufactured article at a merely nominal price and the then ComrIntRev ruled that that merely nominal price paid by the manufacturers to the journeymen for the cigars after they were made, should be conclusive evidence of the value upon which the tax was to be assessed. There was no discretion given to any Government inspector to inspect the cigars and judge himselfof their price and after an attempt, the most absurd, and, I may say, the most.foolish that ever was made in the collection of revenue, it will not do for the ComWays&Means to assert here that there has been a fair trial of the system of taxation according to valuations. Now, what is the result of the system of taxation the committee now urge upon us to adopt? The tax is, say ten dollars on 1,000 cigars. It takes about 28 pounds of tobacco to make 1,000 cigars.
Mr. SLOAN. From 20 to 25 pounds. That would make the tax nbout 40 cents a pound on the tobacco used. If the tobacco from which the cigars are made is worth 12 cents a pound, that would make the price of tobacco when purchased in cigars about 52 cents a pound. If the tobacco used was worth 6 cents a pound, with the tax it would be worth in cigars about 46 cents a pound. Remember that the cigars that are worth 52 cents a pound are made of tobacco worth twice as much as cigars that are worth 42 cents a pound, for the tax added to the 6 cent tobacco is the same as the tax added to the 12 cent tobacco and the difference between 6 cents and 12 cents a pound is the difference between a losing business and a profitable business to the producer. Now, any person will purchase the cigar at 52 cents a pound rather than the cigar at 46 cents a pound, for the one contains tobacco worth twice as much as the other and hence the lower price cigars are entirely driven out of the market. It is a vicious system of taxation; and it is utterly surprising, with the light which the ComWays&Means have upon this subject, that they should propose to continue such a system. Here the hammer fell.]
Mr. LAWRENCE, of Ohio. tobacco in England.
Mr. BOUTWELL. Mr. Chairman, I think that the committee upon examination will see that the proposition of the Gentfrom Ohio, to levya tax upon the value of the cigars exclusive of the tax, is a very unwise provision. We tried that system in the beginning of the operation of the internalrevenue law upon a great many articles made by manufacturers. Under that system we were exposed to every kind of fraud, which we resisted for a time by construction of the statute until the difficult was remedied by legal enactment. Hence think that the 1st thing to be agreed to is that the rule of taxation in the matter of cigars shall be the same that we applyin other cases, a tax upon the article at its value, the tax included. There is no other safe method of proceeding. Under any other system we shall experience all sorts of frauds. Now, the committee propose that upon various kinds of cigars, the market value of which is not over 8 dollars per 1,000, They raise no the tax included, there shall be a tax of only 2 dollars, and that where the market value exceeds 8 dollars, and is not over 12 dollars. the tax shall be 4 dollars. It seems to me that this ought to meet the requirements of those sections of the country that produce tobacco for the manufactsro of cheap cigars. It seems to me this arrangement will meet all the wants of the country.
Mr. SCHENCK. I wish to modify myamendment before the vote is taken by insertinr the word “other” at the end of the 11thine. I now move, proformti, to strike out the last words of the paragraph, with a view simply to say I do not appreciate the force of the argument which objects to ascertaining the value exclusive of the tax. The gentleman says there is no market value until the tax is laid and included in the computation. He says there must be 1st a sale and the tax included to get up the market value. I think so long as the rule of subtraction is to be found in our arithmetics we can find what is the market value exclusive of so much deducted from the market value which may be the amount of the tax as easily as we can put the tax on. Asa gentleman near me says, it is only a question of arithmetic, of simple subtraction and addition, and nothing else. But the Gentfrom Vermont [Mr. Mou BILL] says it will open the door to fraud; and so does the experienced Gentfrom Massachusetts [Mr. Bocrwnnc] who has just addressed the House. Why? Because we have not provided sufficiently against fraud in this legis Btion heretofore. The other day some entle men representing a NewYork tobacco interest called on me and findin" I was not much impressed with the force of? their argument, said, “ If you will make this particular classification we will evade it, as we have done before.” “ How?” I inquired. “ We will sell to our journeymen the leaf tobacco, let them manufacture it, then we will buy it back for just as much as will pay them reasonably their Wages and call that the market value, and then we will sell for whatever we can get for it and pay the tax according to that market value.”
Mr. STEVENS. That is the way in which it was done before.
Mr. SCHENCK. I say, therefore, all that is needed is to classify or adopt something approaching, rthe advalorem system, and have appraise ments made so as to prevent these fraudulent a praisements. I will read an amendment fpropose to offer further on in the bill as an amendment to the amendment. intended to be moved by the Gentfrom Wisconsin, [Mr. Pawn] He proposes to require the apraisement shall be made by the inspecting an appraising officers under certain regulations, so as to prevent these fraudulent arrangements between the manufacturer and his journeyman. I propose to add to that the following: and in addition to other regulations it shall be the 31!?of the inspector or assessorwho appraise s any clknrsmigarettes or cheroots.to examine the manufacturcrthereof or his agent under oath. which oath shall be administeredby the inspecting and apprais ms officerand reducedto writing and signed bysuch {Manufactureror his agentwith a.view to ascertain "HI whether such manufacturer has any interestdirectorindircct in auysale that has beenmadeor any resaleto be made of said cigars. cigarettes or cheroots, by the concealment of which he seeksto obtain a false.fraudulent, or deceptiveappraisemcut. I know oaths in customhouses and under excise laws are taken most loosely and seem to have but little binding force ordinarily upon conse iences; but oaths may be prescribed connected with a system of appraisement, and the Party shall endanger himself and put himself "1Jeopardy of the penitentiary if he undertakes to commit a fraud. [Here the hammer fell.]
Mr. STEVENS. I would inquire whether they are planting tobacco this year.
Mr. WASHBURN, of Massachusetts. They did not plant last year, owing to the tax, but about 1/2 what they planted the previous year, and the probability is this year they will not plant more than 1/2 what they did last year. The gentleman asks, where is the difficulty? The constituents of the gentlemen from the West have their tobacco on hand and have not been able to sell it. The same is true in the Connecticut. valley. Where, then, is the difficult? It lies, not in the excess of tax, but under tie tariff. As has been demonstrated during the past yearimported ci ars pay a tax of about ten dollars 1,000 and that is just about the amount of the excise tax. accordingly they have been imported from Havana cheaperthan the manufacturer can afford them here and thus foreign cigars have come in and have taken the place of our own manufactured cigars. There is the difficulty. What, then, is the remedy? Raise the taritf. Make it so that he who uses tobacco shall be obliged to use the American production, and then you vilill find a very great difference in the state of t in s. Bgt now look at the bill as it stands. The fine cut chewing tobacco of about the same quality that is used in making the best cigars pays a tax of 40 cents a pound, and it takes of this tobacco after the waste is thrown out about ten pounds to make 1,000cigars. Now, under the present tax, take the very best.cigars that are manufactured and you tax it a dollar a pound, while the same article in the form of fine cut chewing tobacco pays only 40 cents. Here the hammer fell.]
Mr. PAINE. I hope the Gentfrom Ohio [Mr. Sonsse x] will accept the amendment of the Gentfrom Pennsylvania, [Mr. Srnvans] It seems to me that it must be entirel acceptable to him in principle.
Mr. SpHENCK. After consultation with our friends from the West, I have concluded to accept the amendment proposed to my amendment by the Gentfrom Pennsylvania. Mr. SCHENCKS amendment as modified was read, as follows: i ncOlunse cidgainreattwesra, oprpesrmoarlbl ienidgearr, sa.mndadneotoof vteorbtahereeoe and a half inches in length, and on cigars made cWluitshivtcwiosftethdeh tax d)si, sthneotmoavrekre 6 dollars per 1,000, a tax of 2 dollars per 1,000. On all other ci urs 4 dollars per 1,000 and 40%. a valcm.Provided, That in assessing the said admlorem duty the 1st ten dollars val uation shall not be assessed.
Mr. HUBBARD, of Connecticut. I move to strike out the last word of that amendment. I have felt some regret, Mr. Chairman, at hearing the Gentfrom Pennsylvania [Mr. SrEVENs] and the Gentfrom Ohio [Mr. Senrmen] and the Gentfrom Wisconsin [Mr. PAINE] speak upon this question, as it seemed to me, under the influence of localities. The gentlemen seemed to vie with each other in the ambition to advertise to the country through the columns of the Globe that they grow a very inferior quality of tobacco in their States. [Laughter] One would be satisfied, from listenin to their arguments, that the article whicht ey raise in their respective States is hardly fit to be boiled up into a concoction to kill the nits on their calves. [Laughter]
Mr. STEVENS. Let me say to my friendfrom Connecticut that I admit that they raise tobacco and oni0ns in his State for superior to those we raise in Pennsylvania.
Mr. HUBBARD, of Connecticut. If that be so, I want to know why it is that the gentleman envics us the superiority of our prod ucts. The hour of half past 4 oclock having arrived, the Speaker resumed the chair, an the House took a recess until half past 7 oclock p. m. EVENING SESSION. The House reassembled at half past 7 oclock p. m. TAX BILL.
Mr. DAVIS moved 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. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved one 30, 1864, and acts amendatory thereof. The pending question was on the following amendment adored by Mr. SenEN ex: Strike out from line 2209 to 2218 inclusive, and insert in lieu thereof the followmz: On cigarettes or small cigars, madeof tobacco.in closed in a wrapperor binder and not overthroc and ahalf inches in length and on cigars made with twisted heads, the market value of which (exclusive of the tax) is not over 6 dollars per 1,000I a tax of 2 dollars per 1,000. On all other cigars 4 dollars per 1,000, and 40 or coat. advalorem, exclusive of the tax: Prom] ed. That in nssessingthesaid advaloremdtetiy the 1st ten dollars valuation shall not be assess.
Mr. SCHENCK. Having accepted the amendment proripsed to my amendment by the Gentfrom Pennsylvania, [Mr. Srnvansd all that confusion which arose from having the exression “exclusive of the tax ” instead of “t e tax inclusive” is done away with. I am willing, therefore, to accommodate that portion of my amendment which remains, which is only one clause, to the ideas of the chairman of the ComWays&Means, and although he is not here I wrll make that concession to him, and modify my amendment to that it shall read “the tax included, ” and provide that the tax shall be 8 dollars instead of 6 dollars.
Mr. SCHENCK. I have an amendment to offer to the amendment of the Gentfrom Wisconsin [Mr. PAINE] which I understand he is willing to accept.
Mr. STEVENS. I would suggest to the Gentfrom Wisconsin [Mr. PAINE] that he better not embarrass the amendment of the Gentfrom Ohio [Mr. SCHENCK] by offering his amendment at this time. He can offer it afterward as a new amendment if this shall be adopted.
Mr. AINE. I will withdraw my amendment for the present. The question recurred upon the amendment of Mr. Sonsx ex.
Mr. HOOPER, of Massachusetts. I move to amend the amendment of the Gentfrom Ohio by striking it out and inserting in lieu thereof the followmg: 0n cigarettes, or small pi are. made of tobacco, inelosed in a wrapperor bin er and not over 3 and a halfmchcs in len h, and on cigars madewith twisted heads and on O createand on cigars known asshort sixes. the market value of which is not.over 8 dollars per 1,000, a tax of 2 dollars 9hr thousand. On all other cigarettes and eigars, themarket value of which is over 8 dollars and is not over 12 dollars per 1,000.a tax of 4 dollars perthou ! “an all other cigarettesand cigars a tax of 4 dollars per 1,000 and in addition 40%. advaloremon the value beyond 12 dollars per 1,000. to be assessedon the excess beyond 12 dollars per 1,000. I believe the amendment I offer covers the object of the Gentfrom Ohio [Mr. SCHENCK and the Gentfrom Forms 1vania, [Mr. STEVENB] I think it speaks or itself, and I will make no further remarks.
Mr. STEVENS. It does not quite come up to my idea, because it says 12 instead of ten. It makes the tax more severe than I would make it. I ask my friendfrom Ohio whether it does not give us as much as we can get. I am willinv to accept it.
Mr. SCHENCK. I am inclined to think it effects the object. It affords a little more room for the manufacture of cigars. I accept it with the understanding that it shall remain open to my friendfrom Vise onsin [ML ms] to make his amendment.
Mr. PAINE. I hope my friendfrom Ohio will accept the amendment.
Mr. SCHENCK. I accept it, and yield the floor to the Gentfrom Wisconsin to offer his amendment in regard to appraisement, without which I think this legislation will not be perfect.
Mr. PAINE. I agree with the Gentfrom Pennsylvania. I had better offer my amendment rereafter; as an independent proposition. I will offer it hereafter, when the gentleman can submit his amendment to the amendment.
Mr. STEVENS. Imove proformd to strike out the word “the.” I want to state to the Gentfrom Ver mont facts are better than argument. He attributes the depression of the tobacco trade to the conclusion of the war in the South. If he will inquire he will find that in August, 9 months before the war closed, every tobacco shop in my county shut up. There was not a lsingle manwho did not sell out because of the law.
Mr. SCHENCK. The tobacco of the South no more comes in competition with ours than cotton with wheat. Theirs is a gummy tobacco, used for plug and cavendish, and not fit for smoking, while ours is fit for smoking and not for chewing tobacco.
Mr. STEVENS. It is very clear that the tobacco which we raise in Pennsylvania and Ohio, and all the West except Eentucky, is what is called the seed leaf, and the cigars made of that tobacco sell at 20 dollars 1,000, and it costs $12 50 to make them independent of the tax. But the tobacco of Kentucky, except the Clarksville tobacco, is always in hogsheads for exportation, and does not come in competition With the seed leaf of an kind whatever.
Mr. GRISWOLD. I desire to ask the Gentfrom Pennsylvania whether at the time of the depression to which he alludes there was not in the imrket a eater amount of manufactured cigars than tlgiriireeverhad been before, manufactured in anticiation of the tax.
Mr. STEVENS. ndoubtedly, but could they have gone on and made them under the advalorem tax? As it was, it was impossible to go on because the direct tax, toget erwith the cost, was more thanJhey could sell the cigars for.
Mr. MORRILL. I want to ask the gentleman a question. Does he not know the fact thatin every instance where we increase lar ely our duties upon any article the effect of it is to stop or check business for a time?
Mr. STEVENS. I know it is so, add therefore the best way to get a greater number of ci ars made is to take off the tax altogether. nder the prior law there were over 500 million cigars made. Last year there were but 327 millions returned.
Mr. GRISWOLD. I would ask the gentleman if it is not the fact that cigars are offered in NewYork at this time at a less price than they can possibly be produced in this country.
Mr. STEVENS. Icannot tell about that. It may be true. I suppose there is a great deal of smuggling in NewYork. I have no doubt they carry it on to a considerable extent.
Mr. MORRILL. Now that the war is at an en.
Mr. RANDALL, of Pennsylvania. I conratulate the Gentfrom Pennsylvania [Mr. STEVENS] on the announcement he has Just] made, that the war is at an end. [Laughter.
Mr. STEVENS. No, sir; I understand it is not at an end.
Mr. RANDALL, of Pennsylvania. You said so.
Mr. STEVENS. No to friend behind me said it was at an end. The ieve the war is just beginning the copperheads on one side and the patriot armies on the other. [Laughter] 1 ere the hammer fell.
Mr. STEVENS. I Withdraw the amendment. 7
Mr. HOOPER, of Massachusetts. I renew the amendment of the Gentfrom Pennsylvania, merely for the purpose of saying that Ilisteued with great interest to the remarks made by my colleague, [Mr. Wasniwax] because he has vindicated the importance of an amendment which I intended to propose before the section was paSsed. I will rea it now for information: Provided. That the tax assessedand paid on cigars, cheroets and cigarettes of domestic manufacture under this act shall alsobe assessedand paid on all imported cigars in addition to anydutios imposedon the sameunder the tariff. That I think will obviate the objection raised by my colleague. lwish to refer to another remark of my colleague in reference to the effect of the different rates of duties on cigars. He will find on looking at the return from the internalrevenue Dept that all the cigars manufactured were gradually getting into the lowest rate of duty; that manufacturers were getting up cigars upon which the duty assessed was only 3 dol are.
Mr. WASHBURN, of Massachusetts. Will my colleague [Mr. Hoorus] allow me to ask him a question?
Mr. WASHBURN, of Massachusetts. I desire to ask my colleague this question: as he has proposed an advalorem duty, then why not dispense with any other duty but a simile rate of advalorem duty, so that we can understand it? Put all upon the single basis of 30 or cent. advaiincm duty, and have no other duty. Then if cigars cost ten dollars 1,000, the will pay 30%. upon their value; i they cost 50 dol ars 1,000they will also pay 30%. upon their value. If you are going to have an advalorem principle why not have one single rate of duty?
Mr. STEVENS. If the Gentfrom Massachusetts [Mr. Hoorsiv] will allow me to answer his collcaguc, [Mr. Wasnsunxd I will say that this is prepared with a view to prevent frauds where the priceis less than 12 dollars 1,000. he rest pay a tax of 40%. advalorem on the excess over 12 dollars 1,000.
Mr. HOOPER, of Massachusetts. I think my friendfrom Pennsylvania [Mr. STEVENS] has answered the question so successfully that I need say nothing further in reply to it. But I wish to call attention to the effect of the valuation under the old system; if cigars were valued at 12 dollars 1,000, as it stands in the bill, the duty is 4 dollars 1,000, leaving net to the manufacturer the sum of 8 dollars. If the value of the cigars is 13 dollars, then the duty is ten dollars per 1,000, leaving only 3 dollars to the manufacturer. Therefore if he increases the quality of his cigars so as to make them worth a dollar more than those he pays a tax of 4 dollars upon, he will get 5 dollars less for his own use than for the cheapercigars, for by so doing he brings them under the operation of a higher rate of duty and this advalorem duty obviates that objection. The great objection to the old system of fixing the duty upon the valuation was that on bad to leave asace of 5, 6, or ten dol are to take up the difference in the value. Now, let us refer to the amendment of the Gentfrom Ohio [Mr. Sousse x] as at 1st proposed. It says, “ on cigars valued over 12 and not over 20 dollars, a tax of ten dollars per 1,000.” That would leave the cigar costsing 13, 14, 16, 18, or 19 dollars 1,000to bring less to the manufacturer than the ci ar costing 12 dollars 1,000. Again, e says, “ on ci gars valued at over 20 and not over 40 dollars, a tax of 20 dollars per 1,000." and there the difficu ty is increased. On a cigar costing 25 dollars 1,000the manufacturer wou d realize only 5 dollars besides the tax. This 40%. tax obviates that difficult. Here the hammer ell.
Mr. CONKLING obtained the floor, and said! I will yield to the Gentfrom Massachusetts, [Mr. Hoornn] for I desire to hear what he has to say on this subject.
Mr. HOOPER, of Massachusetts. I do not know but what I have said about all that I desired to say. I merely wanted to call the attention of members to the objections to the change of duty with the change of valuation. Until; the value of the cigars had very much increased, without reaching the next higher rate of duty, the manufacturer received much less from them in consequence of their being subject to a higher rate of duty. If members have listened to me I think they will perceive the weight of those objections, and that this system now proposed will entirely obviate the ditheulty.
Mr. CONKLING. I would ask that the amendment of the Gentfrom Massachusetts [Mr. Hoorna] be a ain read.
The CHAIRMAN.The Gentfrom Massachusetts, [Mr. Hoorza] as the Chair understands, merely read his amendment for information, and not for the action of the House.
Mr. CONKLING. I mean the one that he offered, and which the Gentfrom Ohio [Mr. SCHENCK] accepte. The amendment was again read.
Mr. MORRILL. I would like to inquire of the v Gentfrom Massachusetts [Mr. Hoorea whether the tax is to be collected on the market value including the tax, or exclud in the tax.
Mr. HOOPER, of Massachusetts. If the Gentfrom Vermont [Mr. MoimiLL] will tell me how it is in regard to ever other article in the tax bill I will answer his question. I think in reference to every other article in the tax bill it is not so stated whether the tax is included in or excluded from the value. It is so in regard to the tax on manufactures of every Mr. dMeOsBer.ipttiloLnL. I beg the gentlemans pardon; the tax on manufacturesis on the amountof sales.
Mr. STEVENS. How is it on diamonds and other precious stones?
Mr. HOOPER, of Massachusetts. Then I suppose the market value of cigars would be fixed by the actual sales, as there is a section in the bill which provides that the taxes shall behpaid on the sales.
Mr. MORRILL. I perceive after all the resolution and tenacity of purpose of my friendfrom Ohio, [Mr. SCHENCK] iat it was not so much for the interest of Ohio and other interests that he was suffering so much grief; but it was because other parts of the country were happy; it is that which made him so miserable. It was for the purpose of gettin a little more tax laid upon Connecticut seeleaf tobacco. However, think it is useless for us to continue this argument any further. I have little doubt the amendment will carry. I move that the committee rise for the purpose of terminating debate upon this paragragh and the pending amendments. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 513, to amend an not entitled “An act to provide intexnal revenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order terminate in one fiilaff minute after the committee shall resume the consideration of the subject. The motion was agreed to. TAX BILL AG AIN.
Mr. MORRILL moved that the rules be suspended, arid that the House resolve itself into the ComWhole on the state of the Union on the special orner. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, beinga bill of the House (No. 613) to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved une 80, 1864, and acts amendatory thereof. The pending question was upon the motion of
Mr. SCHENGK to strike out the ragraphs relating to cigars, cheroots, &c., an insert the following in lieu thereof: 0n cigarettes, or small cigars, made of tobacco, inclosed in a wrapperor hinder. of not over 3 and a half inchesin lengthntnd on cigars madewith twisted heads, and on cherootsand on cigars known as short sixes, the market value ofwhich is not over 8 dollars per 1,000, a tax of 2 dollars per 1,000. On all other cigarettesor cigars, the market value of which is over civht dollars and not over 12 dollprs per 1,000. a tax of 4 dollars perthou sum. On all other cigarettesand cigars a tax of 4 dollars per 1,000 and in addition fort %. advuloremon the value heond 12 dollars per 1,000, to be assessedon the excessbeyond 12 dollars per 1,000.
Mr. WRIGHT. I move to amend the amendment by striking out the whole of it, and inserting in lieu thereof the following: and be“ enacted, That in lieu of all other taxes or impostsupon tobacco, the sameshall be taxed in the hands of the growersat the rate of 20 cents perpound. The amendment of Mr. Wmenr to the amendment of Mr. Sensse x was not agreed to. The question recurred upon the amendment of Mr. bonuses, and being taken, upon adivision there were ayes 46, noes 48. Before the result was announced, Mr. SCHENCK demanded tellers. Tellers were ordered; and Messrs Senuse x and Bnsxnacss were a pointed. The committee divi;d and the tellers reported ayes 57, noes 46. So the amendment was adopted.
Mr. MORRILL. I ask unanimous consent to have the privilege of otiering the following amendment hereafter. It was the intention of the committee to have inserted the provision in the bill: Provided, That the taxes assessedand paid on cigars, oheroots and cigarettes of domestic manufacture, under this act, shall also be assessedand paid on all Imported cigars in addition to any duties imposedon the same under the tantf.
Mr. STEVENS. It ought to provide the same amount of tax. There was no objection, and the amendment was reserved.
Mr. PAlNE. I now offer my amendment. Add to the amendmentlost adopted: and the SecyTreasury shall prescribe such regulations for theinspection and valuation of cigars, cliornots, and cigarettes and the collection of the tax thereon, as shall in his judgment he most clfective for the preventionof inequaliticsund frauds in the payment of such tax: Provided, That such regulations shall not be in violittion of law.
Mr. SCHENCK. I offer the following as an amendment to the amendment: and in addition to other regulations it shall bethe duty of the inspector or assessorwho appraises my cigars, cigarettes, or cheroots. to examine the manufactiirer thereof or his ngentnmder oiitli, wtheli oath shall be administeredby the inspecting and a ipraising officer, and reducedto writing, npdsigned ysuch manufacturer or his agent.with a View to ascertaining whether such manufacturer has any interest, direct or indirect. in any sale that has been made, or any resale to be mu O of said cigars. ci arettes, or clicroots. by the concealment of which O to obtain a false, fraudulent, or deceptive apprsaeiesek!ment.
Mr. PAINE. I accept the amendment as a modification of my own.
Mr. MORRILL. I ask that the amendment be reserved with the one I have just withheld. There was no objection, and it was agreed to accordingly.
Mr. MORRILL. I move to amend as follows: line 2225 after the word “brokers, ” strike out the wor “and” and insert “banks or, ” line 2227, strike out “ and rates of tax, " line 2229, strike out “uiicurrent moueyf line 2233, strike out “tax” and insert “ aying a special um, ” line 2234, after the word “broker, ” insert “bank or, " same line, after the word “bullion” insert “foreign exchange;” line 2246, strike out the words “any sum less than $100 on” line 2269, strike out “in the district ” line 2278, after the word “brokers” insert. the word “banks, ” and lines 2282 and 20283, strike out “at the end of every month or within ten days there after” and insert “on or before the 10th day of each month.” The amendments were agreed to.
Mr. DAVIS. I move to insert in line 2262, after the word “thereto, ” these words, “ with intent to evade the provisions of this act.” the amendment was not agreed to.
Mr. COOK. I move to amend by inserting at the end of the paragraph the following: Provided, That in timating salesof goods.wares and merchandise for the purposesof this section, any sales made byor through another broker on commis long shall not again be estimated and included as sales by the party for whom the sale was made. This precise provision has been incorporated in another section of this bill on page 48. The effect of it is to reveut duplicate taxes. All the produce of the western country is sold, in the 1st place, to persons who urehase at the depots and villages on the cans s and railroads of the country. That produce is sold through commission merchants at Chicago or Butlalo or StLouis. Under the ruling of the comrIntRev heretofore. a duplicate tax upon such sales has been paid one 8th charged to the 1st nrchaser, one 10th charged upon the some as e through the broker. This amendment is offered to prevent the duplication of these taxes. I will state, also, that the amendment has been submitted to the ComWays&Means and approved by them.
Mr. HOOPER, of Massachusetts. I think that the gentleman misunderstands what it was to which the ComWays&Means agreed. When a commission merchant takes out a license as a wholesale dealer, if a sale is made through another commission merchant, and he pays the tax as a wholesale dealer, the tax is not duplicated, but a sale by a broker, like an auctioneeer, is a distinct and separate way of selling, and that mode of sellin is taxed under this bill. It was not intended that the wholesale dealer, sellin through a broker or selling by auction, should be exempt from tax as a wholesale dealeiL
Mr. WILSON, of Iowa. I desire to understand more clearly from the Gentfrom Massachusetts the views of the committee on this question. If a merchant, for instance, at Chicago bu a 10,000 bushels of wheat, which he s ips to a broker at Buffalo, where the wheat is sold, does the person at Chicago y the tax, and also the broker at Buffalo? f the gentleman intends to be understood to say that under the bill as it stands the tax is to be duplicated in this way, then I certainly think the amendment of the Gentfrom Illinois should be adopted, because the person who purchases the wheat at Chicago does so for the purpose of selling it at Buffalo through an agent. The sale at Bulialo is in fact a sale by the merchant at Chicago. Yet, as I understand, it is proposod to duplicate the tax by taxing the whole amount of the sale made by the broker at Buffalo, and also requirin the shipperat Chicaeo to pay the tax on the whole amount there. hat is not right.
Mr. HOOPER, of Massachusetts. In reply to the Gentfrom Iowa, I wish to state that we had before us merchants from Chicago, who directed the attention of the committee to this very subject, and who were entirely satisfied with the provision which we inserted on the 58th page, commencing on the 976th line, the effect of which is, that if they send to a commission merchant at Bulialoto sell for them. the tax shall not be duplicated in estimating their sales. But the business of a broker and the business of an auctioneer were considered entirely distinct from that of a merchant who takes out his license as a wholesale dealer; and the tax paid by the broker or by the auctioneer was considered as an additional tax to the tax paid by the commission merchant. so that if a Ine. but chooses to sell through a broker or through an auctioneer. the tax is to be paid.
Mr. WILSON, of Iowa. But, Mr. Chair man, the difficulty is, that when the sale is made through a broker both the broker and the owner of the goods are required to pay a tax, though it is but one sale. The part in Chicago does not sell to the broker in iiutfilo, but ships to him a cargo of wheat to be sold for him. It is one transaction.
Mr. COOK. For the purpose of saying a word further on this subject, I move to amend the amendment by striking out the last word. The proviso on page 48 effects a very different tax from the one imposed in the section under consideration. For the purpose of fixing the amount of license to lie paid by the wholesale dealer or by the broker, the sale, according to the proviso on the 48 h page, is not to be counted twice. Now, for the purpose of fixin the tax on sales, to be paid by the broker and the merchant, the same sale ought not to be counted twice. The effect of itis, that upon every pound of produce raised in the western country a tax is duplicated every time the produce changes hands between the producer and the final market. This is a tax which has worked oppressively and grievously. It is not nst. Notwithstanding the remark of my friendfrom Massachusetts, I undertake to so that this revision was brought to the attention of the ommittee of Ways&Means. The Gentleman misappreheuds, I think, the intention of the committee in relation to this subject. The very place where the amendment should come in, and the very words in which it should be couched, were certain] agreed upon between the committee and myse f. I withdraw the amendment to the amendment.
Mr. RANDALL, of Pennsylvania. I renew the amendment to the amendment, that I may have the opportunity to say a word or 2 on this subject. I am in favor of this amendment, because I believe that these taxes, as provided in this section, have become burdensome and interfere directly with trade. There is, 1st, as the Gentfrom Iowahas stated, a revenue tax paid by the owner. Then there is a tax levied upon the broker, who receives upon his sales but a half%. commission. he tax levied upon that commission is, under the terms of this bill, one 20th of 1%. For example, a commercial broker sells $500,000 worth of goods, upon which he receives a commission of one half%, which is $2, 600. That broker is taxed upon his sales one 20th of 1%., so that he pays to the Government S250 out of his $2, 500 an enormous and most unjust rate of taxation. I think there is no part of this bill which burdens trade as much as this. I hope, therefore, that the amendment of the Gentfrom Illinois will prevail, because it will facil itate the interchange of commodities between the West and the hast. I withdraw my amendment to the amendment.
Mr. COOK. In order to obviate the objection of the Gentfrom Massachusetts, while still accomplishing my purpose, I modify my amendment so as to read as follows: Provided, That in estimating salesof goods.wares, and merchandise for the purposesof this section. any salesmade by or through another broker upon which a tax has ecu aid shall not be estimated and included as sold y the broker for whom the salewas made. I
Mr. HOOPER, of Massachusetts. think that is correct. The amendment was agreed to.
Mr. TH AYER. I move to amend by inserting after the word “thereto, ” in line 20 262, the words “with intent to evade the payment of said tax;” so that the clause will read as follows: Who shall deliver or receivesuchbill ormomoriin dumwithout linving the properstampsatlixed thereto with intent to evade the p.I vmrnt of said tax, shall feirfeit and pay to the U.S. penalty of $300, c. This, as will be observed is in substance the same amendment that was offered by my friendfrom NewYork, [Mr. DAVIS] If the section as it stands is designed to impose these heavy penalties Upon a mere inadvertenca in the omission of the properstamp, if it means for example to impose a penalty of $1,000 for a mistake in the quality of the stamp which is put upon the note, without regard to the intent of the party incurring the penalty, then I say that such legislation is without any precedent, and is unjust and tyrannical. Sir, the language employed here either is designed to impose this penalty whore the omission occurs from mere inadvertence or it is not so designed. If such is not the purpose, then there is no harm in the amendment, and it ought to be adopted. But if the object is to impose such heavy penalties as these upon a mere inad vertence which may happen to any man engaged in business, than I say it is impolitic and unust. J
Mr. MORRILL. Mr. Chairman, I fearthat the amendment goes furtherthan the Gentfrom Pennsylvania desires. I think that it would certainly throw upon the Government the whole burden of proof that fraud was intended.
Mr. THAYER. I think that it would be the opinion of any lawyer, upon a question of this kind, that the omission of the stamp would give rise to aprimafacic inference that the neglect was intentional with the purpose of evading the tax, and the only effect of the amendment is to throw open for exlanation the conduct of the party prosecute for the penalties. That is the only effect of the amendment. Without the amendment the penalty is incurred whether the intent to evade the revenue laws existed or not. With the amendment the man who willfully violates the law is equally exposed to punishment as now.
Mr. MORRILL. I do not suppose that it would be possible to convict a man of a crime unless it could be shown that there was a willful purpose to commit the crime. But I think this amendment willwcaken the provision very much, as, ifI understood it, it throws the bar den of roof on the Government.
Mr. ALE. I desire to make a to the Gentfrom Pennsylvania. suggetshtiine kn the objection to his amendment may be obviated by a very simple change. I so gest to the gentleman that instead of inserting is amendment where he proposes, he add at the end of line 2274 this proviso: Provided. That if it shall appear that the omission waswithout intent to evadethe provisionsof this section the penalty shall not be incurred.
Mr. THAYER. I will accept that modification of my amendment. My only intention.is to screen those who act in good faith.
Mr. PRICE. I had such an amendment written out and intended to offer it. It is in these words: Provided. The said omissionto nllix thestampshall bewith the intention to defraud the Government.
Mr. THAYER. I will offer the amendment in this shape. I move to insert at the end of line 2274 the following: Provided. That when it shall appearthat the omission to allix the proor stampwasnot with the intent to evadetheprovisions of this section, said penalties shall not be incurred. The amendment was agreed to.
Mr. hIOLlRILL. I move to amend on page 100 by inserting in line 2272, after the we “awarded, ” the words “ and distributed, ” and by striking out after the word “court” the words “person or persons, " and inserting in lieu thereof the words “ between the U.S and the informer, if there be one, as provided by law;” and also by striking out in line 2271 the words “one half. The amendment was agreed to.
Mr. WRIGHT. I move to strike out the following clause: and 1/2 of the penalty recovered shall be ianwtahredieuddbgymtvhnetcoofutrhtetocothuertp, esrhsaolnl hoarvpeefirsrsotnsgwivheon the information of the violation of the law for which recovery is bad.
Mr. HOOPER, of Massachusetts. I think those words have been stricken out already.
The CHAIRMAN. The clause has just been amended. The Clerk will report it as it, now stands.
The Clerk read as follows: and the penalty recovered shall be awarded and distributed by the court between the U.S and the informers. if there be any, as provided by aw.
Mr. WRIGHT. My motion is to strike out that clause as amended, and I am moved to do it because I think the principle is a wrong one.
Mr. SCOFIELD. rise to a point of order. The clause objected to has just can voted in, and a motion to strike it out is not in order.
The CHAIRMAN. The Chair sustains the point of order. The amendment of the Gentfrom NewJersey is not in order.
Mr. MYERS. In line 2281 I move to strike out the words “ one 20th of 1%., ” and to insert in lieu thereof the words “at the rate of one cent for every 5100;” so that the clause will read: and there shall be paid on all sales by commercial brokers of any goods, wares, or mere and ise. a tax at the rate of one cent for every 6100upon the amount of such sales.kc. Mr. Chairman, I use these words because they are the words used in the tax provided for on page 99 in reference to stock brokers and gold brokers. There is no reason why commercial brokers should pay 5 times as much as stock brokers; neither is there any reason why they should pay 5 times as much as commisSion merchants are required to do by another section of this act.
Mr. RANDALL, of pennsylvania. Iconcur entirely with my colleague.
The CHAIRMAN. The gentleman is not in order in concurring. [Laughter]
Mr. RANDALL, of Pennsylvania. I did not concur in my colleagues amendment, but only in some of his exrcssions. he CHAIRMAN. The Chair so understood the gentleman, and the floor has been given to the Gentfrom Vermont.
Mr. MORRILL. I will give the Gentfrom Permsylvania 5 art of my 5 minutes.
Mr. RANDALL, oi2 Pennsylvania. Which part? Laughton]
Mr. IOItRILL. Well, the 1st part. [Laughter
Mr. RA. DALL, of Pennsylvania. I move to strike out “one 20th” and insert “one 40th, ” so as to make the tax “one 40th of 1%.” I do it because I think the amendment of my colleague [Mr. MYERS] goes further than the House is willing to go. I think the House would be willing I hope so at least to go for one 40th of 1%. A few moments ago I stated the burdensome character of the tax imposed on commercial brokers by this section. Out of $2, 500 profit the commercial broker has to pay one 10th art or $250. My amendment proposes that e shall only ay $125.
Mr. MORRILL. Let me have the rest of my 5 minutes.
Mr. RANDALL, of Pennsylvania. I think that this is a burdensome tax, and I hope the House will so amend the section as to take only $125 instead of $250.
Mr. MORRILL. Icannot give the gentleman any more of my time.
Mr. RANDALL, of Pennsylvania. I will give you as much time as you wish. [Laughter. M]r. MORRILL. I wish to say that I had a letter yesterday from one of the largest commercial brokers in NewYork, and the tax here imfiosed is entirely satisfactory to him.
Mr. RANDALL, of Pennsylvania. explain that. Mr. MORRILL. not reduce the tax. I can I hope the committeewill Mr. RANDALL, of Pennsylvania. Let me answer that reference to the NewYorker. The NewYorkers charge the tax to the owners, whereas in all other cities it isnot charged to the owners. The amendment to the amendment was disagreed to. The amendment of Mr. MYERS was then disagreed to.
The Clerk read as follows: That section 100 be amendedby striking out all after the enacting clause including schedule A and inserting in lieu thereof the following. No amendment being offered,
The Clerk read as follows: That there shall be levied. annually. on eve car riage. gold watch, and billiard table and on iil gold or silver plate, the tax or sumsof moncysetdown in figures against the same respectively or otherwise specified and s etforth in schedule A, hereto annexed. To be paid by the person or persons owning. possessing or keeping the summon the lstdayin May, in each year and the sameshall beand remain alien thercon until paid.
Mr. GRISWOLD. I move to strike out the words “gold watch, ” “gold and silver plate.” I do this because I regard it use petty, annoying tax, unworthy the system we are inaugu rating at the present time. I find the whole revenue from gold watches was only $9,000, and from gold and silver plate $117,000.
Mr. GARFIELD. I am sorr to see the distinguished Gentfrom NewYork de serting the committee. What can better bear taxation than gold watches, gold and silver plate, and luxuries indulged in by rich people? The amendment was disagree to.
The Clerk read as follows: Sennnuut A. Carriage. phaeton. carryall. Rnek away or otherlike carriage and any coach, hackney coach. omnibus or 4 wheeled carriage, the body of which rests upon springs of any description, which may be kept for use.for hire, or for passengers and which shall not be used exclusively in husbandry or for the transportation of merchandise.valued at excoedi $300and not above$500each.including harnessuse therewith, 6 dollars. No amendment being offered, The Clerk road as follows: Carriages of like description, valued above $500. eachten dollars. On gold watches, composedwholly or in part of gold or gilt, kept for use, valued at $100or less. each one dollar. On gold watches, composed wholl or in part of gold or gilt, kept for use, valued at a ove $100.each. 2 dollnrs, Billiard tables.kc t foruse.ten dollars. Provided. That blliard tables kept for hire and upon which a special tax has beenimposed, shall not be required to pay the tax on billiard tableskept for use. as ntorcsaid, anything herein to the contrary notWithstanding.
Mr. ROSS. I move in line twciity 320 to insert after the word “use” the word “ each.” The amendment was agreed to.
The Clerk read as follows: 0n plate, of gold.kept for use, perouncetroy, 50 con. Ops plate, of silver. kept for use.perouncetroy. 5 con. No amendment being offered,
The Clerk read as follows: Provided, That silver spoonsor plate of silver used by onefamily toan amount not exceeding 40 ounces as aforesaid belongingto anyone person.plate belongingto religious societies and souvenirsand keep sakes actually given and received as such and not kept for use; also. all premiums awardedas a token of merit by any agricultural society, corporation, or association of persons. for any purpose whatever shall be exemptfrom duty.
Mr. MORRILL. I move to insert in lieu of the last word “duty” the word “ tax.” The amendment was agreed to.
The Clerk read as follows: Thatse ctions 101 and 102 be and the sameare hereby, repealed.
Mr. WILSON, of Iowa. If I understand this propo5ition it will impose this tax upon the gross receipts of the railroads, steamboats, or canal companies for carrying passengers or freights. That is the etfect of it. It will require the payment of 2 and a half%. upon the gross receiptsfrom the caning of freights and passengers. The object oft to comiuitiee is, I suppose, to assess the tax merely on the receipts from passengers.
Mr. HOTCHKISS. There is one feature of this amendment that I would like to understand. I do not understand that this is a tax upon these companies. It provides That all such persons.firms. comanics and cororationa shall have the right to ad the tax imposed hereby to their rates of fare whenever their liability thereto may commence.any limitation which may exist by law or by agreementwith any personorcom any which may have paid or be liable to pay such are to the contrary notwithstanding. This is simplya tax upon their customers. I would like to have it explained by the chair man of the committee.
Mr. MORRIlilJ. I will modify my amendment by inserting after the words “ was receipts” the words “from passengers an mails.” I have only to sny that the law is left exactly as it now is with the exception of exempting all freights, and the provision objected to by the Gentfrom NewYork, [Mr. Hercu KISS] which authorizes the railroads to add this tax to their rates of fare, is one that has always existed, and is more required in the gentlemans own State, NewYork, than in an other.
Mr. SPALDING. I desire to ask the chair man of the ComWays&Means a question.
Mr. MORRILL. Wait until I have answered the Gentfrom NewYork.
Mr. SPALDING. Well, let us vote down the amendment.
Mr. MORRILL. If the gentleman will keep his temperuntil I rely to the Gentfrom NewYork, he hall have a chance. The Gentfrom NewYork knows very well that in his own State the roads are restricted [Here the hammer fell.]
Mr. SPALDING. I hope this amendment will not prevail. I am opposed to it. If I understand it correctly, it is the very provision we discussed here 2 years ago for one or 2 days, and the chairman of the committee then yielded to us and put this tax in another shape in his bill. It now purports to be a tax upon the gross receipts of steamboats, railroads, c., from assengers, but really, according to the amendment, there is very little difference made between passenger steamers and freight steam ers. It will be a tax of 2 and a half%. upon the gross receipts of all railroads, freight steamers, canal boats and everything else. The bill which is sought to be amende is tol erably distinct.
Mr. MORRILL. The gentleman will see that, as modified, it only applies to receipts from passeners and mai s.
Mr. HOO ER. of Massachusetts. Will the Gentfrom Ohio yield to me for a moment?
Mr. HOOPER, of Massachusetts. This is a very important section, and I suggest that it be passe over informally and that in the mean time the amendment offered be printed.
Mr. HOTCHKISS. I have moved on amendment to strike out the provision which imposes a tax upon gassengers. The Gentfrom Vermont, [1
Mr. MonniLL] the chairman of the ComWays&Means, says that in my State we need this provision. In that he is mistaken. In my State we have restricted the railroad companies to a certain charge upon passengers permile, and we intend to hold the companies to that charge.
Mr. MORRILL. That was before any tax was levied.
Mr. HOTCHKISS. Precisely and this steps 111between the company and its passengers 8nd changes the contract. We have provided by the legislation of the State of NewYork that these companies must abide by the proVisions of their charters. We have more recently provided that no men shall ride upon their roads without paying their fares. I ask that my amendment be printed, together with that of the Gentfrom Vermont. The section was then passed over inform all
M. HOOPER, of Massachusetts. Would it be in order to ask the consent of the committee that the amendments offered be printed?
The CHAIRMAN. The committee can give their consent, but that would not be anorder to not.
The Clerk read as follows: That section 107 be amended by striking outall after the enacting clause and inserting in lieu thereof the following: that any person. firm.company, or corporation owning or possessing or having the care or management of any telegraphic line by which telegraphic disutchesor messagesarereceivedor tr smitted shall O subject to and pay a tax of thre%. on the gross amount of all receiptsof such person.firm. company or corporation.
Mr. MORRILL. I move to amend by adding to the paragraph the following proviso: recre ipocts idneodt.sTuhbajteentotoreturns shall be required of tax. The amendment was agreed to.
The Clerk read as follows: That section 111 be amended by inserting after the words " proprietors, managers or agents of lotteries” the Words “and all lottery ticket dealers." No amendment being oliered,
Mr. MORRILL. I will say to the committee that I do not expect that we shall be able to get through with this paragraph tonight. But I desire to offer some amendments which I think Will not be objected to by anyone, and then I Will move that the committee rise. I move to amend the paragraph near the beginning by inserting the word “average” before the words “ amount invested in U.S. bonds.” The amendment was agreed to.
Mr. MORRILL. I move to amend by inserting the words“ aid out” after the words “and the amount of circulation, de osit, capital, and notesof state banks and banking associations, " near the middle of the paragraph. The amendment was agreed to.
Mr. MORRILL and in the same sentence I move to amend by striking out the words “together with the taxes, ” before the words “may be recovered for the use of the U.S. in any court of competent jurisdiction." The amendment was agreed to.
Mr. MORRILL. I move to amend still further by inserting at the close of the 1st proviso the following: But thereturns required to hemadeby such prov ident institutions an saving banks after Ju] ly. 1866 shall be madeon the 1st onday in January an the 1st Monday in July in each year. in such form and manner as maybe prescribedby the ComrIntRev. The amendment was agreed to.
Mr. THAYER. I would suggest to the Gentfrom Vermont HMr. MORRILL] that another amendment should be made, so as to make the proviso read “ assooiations or companies known as provident institutions, savings anks, savings funds, or savings institutions.” These associations are known by that name among us. Of course it will made no difference in the operation of this not.
Mr. MORRILL. I have no objection. The amendment was agreed to.
Mr. MORRILL. I now move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. DAWES reported that the ComWhole on the state of the Union had had under consideration the Union generally, and articiilarly the special order, being bill of the House No. 513, to amend aii not 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, and had come to no resolution thereon and then, on motion of
Mr. DAVIS, (at 5 minutes to ten oclock p. m.) the House adjourned.
Skip Skip PETITIONS, are. The following petitions. lrc. were presentedunder the rule and referred to the appropriate committees: By Mr. COBB: The memorial of M. Bollcs and others. for an increaseof import duties on metallic zinc. By Mr. CULLOM: A petition signed by numerous citizens of Sanguine n county. Illinois. in favor of protection of American wool. Also. anotherpetition from citizens of samecounty. callin upon Congressto imposea tax of 2 dollars upon ogs. By Mr. RICE. Of Maine: The etitions of E. F. Bradbury, and others and J. W. Vood and other: of Dexter. Maine. asking for amendment of tariff laws so that American laborers in manufacturin establishments shall be protected“to the extento the dilltenre of the cost of capital and labor here and abroad, with the addition of the taxcs paid by American industrial productsfrom which the brown are free."
@@@IN SENATE SENATE. Wsnsssmr, May 23, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. MORGAN presented a memorial of manufacturers of stoves, praying that the tax on stoves may be reduced 5 which was referred to the ComFinance. Mr. COWAN presented the petition of employees in John Wood 8; Brothers Pennsylvania Iron Works at Conshohocken, Penn 5 lvania, and the etition of Samuel Riddle, rightTurner, so others, of Delaware county, Penusylvania, praying for an increase of the tariff or the protection of American industry; which were referred to the ComFinance. Mr. HENDERSON presented additional Eaers to accompany the petition of J. H. lis, paymaster, U.S. Army, to be reimbursed for Government moneys stolen from him at Fort Leavenworth, Kansas; which were referred to the ComClaims. Mr. WILSON presented a petition of citizens of the State of Oregon and Washington Territory, praying for an appropriation by Congress for the payment of the claims growing out of the war to repel Indian invasions in 1855 and 1856, in accordance with the award of a commission authorized by act of congress; which was referred to the ComMilAffrs . Mr. LANE, ofIndiana, presented the petition of Margaret A. Farran, praying for a pension; which was referred to the ComPensions. REPORTS OF COMMITTEES.
Mr. CHANDLER, from the ComCommerce, to whom was referred a bill (H.R.No. 492) making appropriations for the repair, preservation, an comp etion of certain public works heretofore commenced under the authority of law, and for other purposes, reported it With amendments.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (H.R.No. 564) to usual the 304th section of the declaration of rights of the State of Maryland, so far as it applies to the DistCol, reported it. Without amendment.
Mr. WlLSO, from the ComMilAffrs , to whom were referred sundry etitions and memorials, praying for the equalization of bounties to soldiers in the late war, asked tobe discharged from their further consideration which was agreed to.
Mr. LANE, of Indians, from the ComPensions, to whom was referred the etition of Mrs. Sarah A. Brewer,widow of ajor Brewer, lute paymaster U.S. volunteers, praying for a pension, reported adversely thereon. He also, from the same committee, to whom was referred the petition of Sarah A. Hol land, praying for a pension, reported adversely thereon. He also, from the same committee, to whom was referred the petition of Mary Good, praying for a pension, reported adversely thereon. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill S.No. 837) to incorporate the National Gas ifht Company; winch was read twice by its tit, and referred to the ComDistCol.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.388) for the relief of Henry Great house and Samuel Kelly; which was read.twiee by its title, and referred to the ComPostOffices.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MePmmsos, its Clerk, announced that the HoRep had passed the following bill and JtResolution, in which it renested the concurrence of the Senate: A ill (H.R.No. 598) to establish auniform system of bankruptcy throughout the U.S.; and A JtResolution (H.R.No. 142) authorizing the PostMGenl to ay additional salary to letter carriers in SanFrancisco. THE METRIC SYSTEM.
The PRESIDENT protempore. In compliance with the order of the Senate directing the Chair to appoint a select committee on coins and weights and measures to consider several hills and JtResolutions from the HoRep on that subject, the Chair will announce the appointment of Mr. SUMNER, Mr. SHERMAN,
Mr. MORGAN, Mr. Nnsiurrn, and Mr. Gurnnia. CORNELIUS B. GOLD.
Mr. CRAGIN. I move that the Senate proceed to the consideration of House bill No. 453. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 463) for the relief of Cornelius B. Gold, late acting asst paymaster U.S. Navy. It directs the properaccounting officers of the Government, in the settlement of the accounts of Cornelius B. Gold, late acting asst paymaster U.S. Navy, to allow a credit of $610 0.)for clothing abstracted from a store room in his charge while on duty in Mobile bay in the spring or summer of 1865; but no credit is to be allowed until the proier officers of the Government shall be satisfied by full and complete roof of the loss of the clothing herein referre to.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. HOUSE BILLS REFERRED. The followin bill and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 598) to establish a Uniform system of bankruptcy throughout the U.S. to the ComJudiciary. A JtResolution (H.R.No. 142) authorizing the PostMGenl to ay additional solar to letter carriers in SanFrancisco to the ComPostOffices. nmnos.vr wrxorvft.
Mr. NORTON. I now move to take up Senate bill No. 263. The motio n was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.263) to authorize the Wine na and StPeters Railroad company to construct a bridge across the Mississippi river and to establish a post route, the pendingquestion being on the amendment of fered by Mr. Hows, in section one, line 9, after the word “ Wisconsin" to insert “or between LaCrosse, in the State of Wisconsin, and the opposite bank of said river, in the State of Minnesota, as may be: reed by the Legislatures of Minnesota and Wisconsinf so as to make the section read: That the Wine na and StPeters Railroad company. a corporation existing under and by virtue of the laws of the state of minnesota, be, and the same is hereby, authorized and empoweredtoerect.maintain, use and oporate a bridge across the Mississippi river, between the city of Wine na. in the State of Minnesota and the opposite bank of said river. in the State of Wisconsin or betweenLa Crosse. in the State of Wisconsin, and the opposite hunk of said river, in the State of Minnesota, as may be agreed by the Legislatures of Minnesota and Wisconsin, subject to the conditions and limitations hereinafter provided. Szc.
Mr. NORTON. I do not desire to discuss this amendment any further. The Senate perhaps will remember all that was said on the subject the other da 2 I will state, however, that the effect of this amendment will be to open a controversy between the Legislatures of the States of Wisconsin and Minnesota that must inevitabl result in a failure to constru ct a bridge at al connecting the roads either at LaCrosse or at Wine na. I hepe the amendment will not be adopted.
Mr. HOWE. I cannot assent to that view of the effect of this amendment. It is not offered with any such design. It is offered for the simple purpose of allowing each of the 2 States to have a voice in settling the point at which these crossings shall be made. If the effect, however, were to be such as the Senfrom Minnesota suggests, it seems to me that would be a conclusive reason why the Senate hould not refuse to adopt it, because then the Senate would be inevitably placing itself in the atti tude of imposing a burden upon one State in behalf of another or of a locality in another Stripe, which I take it. the Senate does not choose to ( o.
Mr. NORTON. Just one word. The railroad systems of the State of Minnesota and of the State of Wisconsin have settled the points at which these crossings oughtto be; and it does not depend, and it ougIit not to depend, upon the Legislature of either of these States. e construction of the railroads of the State of Minnesota, according to the system of that State, makes it necessary to have a bridge at Wine na: the railroad system of the State of Wisconsin may make it necessary to have one at La. Crosse. The systems of these 2 States ought to settle the question as to the oints where bridges are necessary, and it ought not to be made to depend upon the local interests or a clashing between the interests of the 2 States. Asl said the other day, the Senate will remember, there is no company in the State of Minnesota authoriz d to construct a road on the west bank of the liver from Wine na to LaCrosse; and without that, the proposition to Minnesota to make the crossing of the Wine na and StPeters railroad at LaCrosse would be simplynonsense, because we have no, company in innesota authorized to construct a road t ierc.
Mr. HOWE. The fact that there is no company in Minnesota authorized to build a road down the west bank of the river to a point Opposite LaCrosse is an argument which may be brought to bear in its all force upon the Legislature of Wisconsin, and it is to that Legislature I wish it referred. I do not wish the Senate of the U.S. to be influenced by that argument. If under the influence of it the Legislature of Wisconsin see fit to accept a brid O across the river at Wine na they can do it; at. it is not an argument why the Senate should impose one upon the State against her wish. I ask for the yeas&nays on the amendment. The yeas&nays were ordered.
Mr. HOWE. Senators tell me t maydo not know what the question is. I will state it. The bill as it stan s authorizes the building of a bridge across the Mississippi river at Wine na. If this amendment be adopted it will authorize the building of a bridge either at Wine na or at LaCrosse, which is about 12 miles due south from Wine na, at one or the other of these points as shall be agreed upon by the Legislatures of the 2 States.
Mr. MORRILL. Suppose the Legislatures cannot agree?
Mr. HOWE. In that event it would not authorize the building of a bridge at either oint; but we suppose that the 2 States now better for themselves than we can know whether they want a bridge across the river and where they want it. Mr. NORTON. For the purpose of correcting a false impression that might be made by the remark of the Senfrom Wisconsin that LaCrosse is 12 miles due south of Wine na, I desire to state that the fact is that by the course of the river it is 40 miles from Wine na to LaCrosse, the river running in a southeasterly direction. The distance is 40 miles at least it has been so understood ever since I have been in that country.
Mr. RAMSEY. By land it is 35 miles according to recent survey.
Mr. NORTON. To get to the point on the LaCrosse road at which we wish to intersect the LaCrosse road on the east side of the river is 15 miles further by LaCrosse than it would be to build a bridge at Wine na and go from there to that point on the LaCrosse road, 50 that if the amendment of the Senfrom Wisconsin is adopted Minnesota will be so for in the power ofWise onsin that she may possi bly, in order that we may et an eastern cen nection, compel us to buil 15 miles more of road and at an expense of nearly 3 narters of a million dollars more. That wiill be the position in which Minnesota. will be if the amendment of the Senator be adopted.
Mr. HOWE. As to the geogra by of that country, I have stated that one oft ese points was 12 miles due south of the other. LaCrosse, to be sure, is further east than Wine na, but both of these roads are tending cast. Just how far it is by the river I am not prepared to say. I understand it is 29 miles. I concede that the Senators from Minnesota ought to know better than myself about that, however; they have traveled it ofteucr. But. I hold in my hand a township map. There are 2 roads making to the Mississippi river, one touching o posite to LaCrosse, and one at Wine na. Bus south of Wine na these 2 roads are about a township and a half apart, being about 9 miles distant from each other. That one touches the river further east than the other makes no figure in the case, because let the traflic come in on which road it will, it wants to come East, and it is not of any importance to that traffic whether it crosses the river on one meridian of longitude or the other.
Mr. NORTON. It makes no difference whether we cross at one point or the other, provided we have a road built, or some company has authority to build one to that point. We have no company in Minnesota authorized to build a road from Wine na down to LaCrosse.
Mr. HOWE. Provided the 2 States should agree to cross the river at LaCrosse, then it Would impose upon the StPeters company, which is the company new desiring to cross at wine na, the obligation of building 9 miles to connect with the southern road instead of building 27 miles, I think it is, to connect with the LaCrosse road on the east side of the river. hequestion being taken by yens&nays, resulted yous 17, nays 18; So the amendment was rejected.
Mr. HOWE. I should like to offer another amendment providing that the bill shall not take effect until the consent of the Legislature of Wisconsin is obtained.
Mr. NORTON. I have no objection to that amendment.
The PRESIDENT protemporc. The Senfrom Wisconsin moves further to amend the hill by inserting at the end of the 3rd section the 0llowing proviso: Procided. That this notshall not gointo effectuntil the consent of the Legislature of Wisconsin is 1st obtained. The amendment was agreed to.
Mr. HENDERSON. I move to amend the 2nd section of the bill by striking out all alter the word “act” in the 21st. line down to and including the word “ bridge” in the 24thline; also, by striking out the word “it” in the 25th line and inserting the word “and;" and then by strik lng out all of the section after the 31st line. I ask the Secretary to read the section as it will stand if amended as I propose.
The PRESIDENT protempore. The 1st question will be on concurring in the amendments made as in ComWhole.
Mr. HENDERSON. I do not wish the Senate to concur in the amendment made in ComWhole to die 2nd section. I propose to amend that amendment. The PRESIDENT protempore. As an amendment to the amendment made in ComWhole, the motion of the Senator is of course 1st in order. The proposed amendment will be read.
Mr. COWAN. The Niagara bridge is 800 feet.
Mr. FESSENDEN. Is it the East that is proposin to do this?
Mr. iESSENDEN. Could they not erect the bridge if they owned the land on each side?
Mr. COWAN. Mr. President, I will vote for the amendment with great pleasure. I have had some considerable experience in the navigation of the western rivers, and I have avery clear and distinct opinion of my own that nothing could be more mise hievous to the interests of the carrying trade of the country than the construction of bridges of the kind described by the Senfrom Missouri, and especially when there is no necessity that they should be so erected. I have nohesitation in saying that it would be better for the U.S. today to appropriate $1,000,000 for the construction of a bridge across the Mississippi river, 90 feet, or 100 feet, if you please, above lowwater mark, with a span of 6 or 700 feet; itwould be a saving to the country, on the whole, if we were to appropriate $1,000,000 to build a bridge of that kind, rather than build a drawbridge upon a stream of that character. A drawbridge is well enough upon tidewater, well enough upon still water; at it is impossible to protect the commerce of a river as against these drawbridges in a sharp current at different stages of the water. I have no doubt that western men will regret their action in a very short time if they allow these giseat streams to be obstructed by erections of kind.
Mr. HOWARD. Mr. President, I move to postpone the present and all prior orders, and that the Senate take up House Jtresolution No. 127.
The PRESIDENT protempore. The title of the JtResolution will be read. The Sncuursnr. It is a JtResolution proposing an amendment to the Constitution of the U.S.
Mr. SUMNER. The question, I think, is on proceeding to the consideration of that resolution.
The PRESIDENT otempore. The motion of the Senfrom Michigan is that the senate postpone the present and all prior orders, and proceed to the consideration of the House JtResolution the title of which has just been read.
Mr. FESSENDEN. I do not know, sir, that I shall take any part whatever in the discussion of the resolution which is now proposed to be taken up in the Senate. That will depend on circumstances not entirely within my control. But with reference to taking it up this morning, I beg leave to say that I differ entirely with the honorable Senfrom Massachusetts as to the propriety of proceeding with it at the present time. The matter has been very long under consideration. Ifhe has not informed himself of the amount of the testimony and of what the testimony is that has been taken, it is surely his own fault, because, not only has the principal part of the testimony been published in the newspapers, but it has been published in numbers or sheets and laid upon the tables or sent to Senators; and I presume he has received it, with others. If he wants it in a form all together, he can get that readily, but not bound. I suppose he would not require it to be bound before he reads it, and I believe that a copy unbound has been furnished to each Senator; I have received one.
Mr. Trumbull. There has been time enough to bind it. It could have been bound by this time.
Mr. SUMNER. I did not intend, and I hope I was not understood to make any formal opposition to proceeding with this measure. All that I aimed to do was to express an individual opinion which I have very strongly l cannot help it with regard to the time when it is best to consider the subject. I may be in error; it is probable that I am in error, since I find that most of those about me have a different opinion, and I am sure that have substantially at heart the same objects as myself. Most. probably I am in error; but I have performed my duty, and in a humble way satisfy myself by making this declaration. I have ventured to file a caveat perhaps that is too strong a term to use for so sim is an expression as I intend now but I did wish to bring the Senate seriously to consider whether they had before them all the evidence so arranged, with all its conclusions and results presented to them which they thought it best to have before they proceeded to the final decision of this greatquestion. I must say I think they have not. owever, others do not agree with me.
Mr. HENDRICKS. I wish to inquire of the Senfrom Massachusetts to what time he would propose to postpone the consideration of this measure. In asking the question, I desire also to say that I agree with the Senfrom Maine that Congress ought to ad{purn at as early 9. day as he has suggested. nquestionably this measure has to be considered before the adjournment. We know that practically, and I am in favor of meeting it at some early day, because I do not want to be kept here, personally, and I do not suppose other Senators desire to be kept into the very hotwcather of the summer in this city. If the Senfrom Massachusetts proposes ii reasonable postponement, whatever reasons may vern him, whether they be different from ose that may govern myselfor not. I would be inclined to vote with him, but not for any very long postponement of it. If it could be postponed until the next session, I perhaps would agree to that, but to postpone it to the month of July, I would not agree to.
Mr. SUMNER. Does the Senator desire an answer?
Mr. SUMNER. I did not propose any motion. The Senator asks me a question. That Iwill answer with great pleasure. As far as I can pretend to determine or have an opinion, from the business of the Senate, I do not suppose the Senate can adjourn before the latter art of July. I have supposed that we shonl not get to such a point in our business that we ought to leave here till then. I have thought, then. that this great,question ofreeon struction ought to be reserve as the last serious considerable subject for discussion before we leave. I have thought, therefore, it might perhaps be taken approperly during the last half of June, some 3 or 4 weeks from now; believing, as I do, that at that time we shall be better instructed on the general subject, better prepared to harmonize mid to adopt a policy which will be most truly benefi eent to tile country. I am “surethat the country is ready to adopt any policy which this Congress uts forth, and the stronger it is the better. Ihe country is stronger than congress, and I believe that Congress will be very heats of summer which Senators so much do recate.
The PRESIDENT protempore. The question is on the motion ot the Senfrom Michi gnii to postpone the present and all prior orders and proceed to the consideration of the resolution from the HoRep proposing an amendment to the Constitution of the U.S. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPiiERsON, its Clerk, announced that the HoRep disagreed to the amendments of the Senate to the bill (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama. Mississippi, Louisiana, arkansas, and Iilordia, asked aconference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. Geonon W. JULIAN of Indiana, JOHN H. Riot: of Maine, and Mr. ADAM J. GLOSSDRENNER of Pennsylvania, managers at the same on its part. I ENROLLED BILLS SIGNED. The message also announced that the Speaker of the HoRep had signed the following enrolled bills; which were thereupon signed by the President protempore: A bill (S.No.318) to authorize the appoinv stronger than it is now if we wait till those i aznltlgfinn addmoual ASSISmm secremry or, A bill H.R.No. 193) for the relief of Mrs. “illiam. Henidon; and A bill (H.R.No. 558) to amend the charter oftho Washington GasLight Company. APPROVAL or uiLLs.
Skip Skip A message from the POTUS, by Mr. COOPER, his Secretar, an nounced that the POTUS had approved and signed, on the 21st instant, the following acts and jointrcsolntiou: An act (S.No.132) to prevent and punish kidnnping; An act (8. No. 186) amefidatory of an act to provide for the reports of decisions of the Sn ireme Court of the U.S.; do not (S.No.316) to establish a ostronte, from West Alburg, Vermont, to C amplain, in the State of NewYork, and for other purposes; and AJtResolution (S.R.No. 61) to extend the time for the construction of the 1st section of the Western Pacific railroad. HOMESTEADS IN SOUTHERN LAND STATES. The Senate proceeded to consider its amendments to the bill (H. ll. No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Missis sippi, Louisiana, Arkansas and Florida, and, On motion of
Mr. KIRKWOOD, it was Resolved That the Senate insist upon its amendments to the said bill and agree to.the conference askedby the House on the disagreeingvotes of the 2 Housesthereon. OrflCred, That the President pm My: thorized to appoint the managersat can on the part of the Senate. RECONSTRUCTION.
Mr. CLARK. If the Senator will pardon me for a moment, I wish to inquire whether the committees attention was called to the fact that if any State excluded any person, say as Massachusetts does, for want of intelligence, this provision cuts down the representation of that State.
Mr. HOWARD. Certainly it does, no matter what may be the occasion of the restriction. It follows out the logical theory upon which the Government was founded, that numbers shall be the basis of representation in Congress, the only true, practical, and safe republican principle. If, then , Massachusetts should so far forget herself as to exclude from the right of suffrage all persons who do not believe with my honorable friend who sits near me [Mr. SUMNER A on the subject of negro suffrage, she would lose her representation in proortion to that exclusion. If she should exc ude all persons of what is known as the orthodox faith she loses representation in proportion to that exclusion. No matter what may be the ground of exclusion, whether a want of education, a want of pro)crty, a want of color, or a want of anything else, it is sufficient that the person is excluded from the cate gory of voters, and the State loses representation in proportion. The principle applies to every one of the States in precisely the same manner. and, sir, the true basis of representation is the whole population. It is not property, it is not education, for great abuses would arise from the adoption of the one or the other of these 2 tests. Experience has shown that numbers and numbers only is the only true and safe basis; while noting is clearer than that property qualifications and educational qualifications have an inevitable aristocratic tendency a thing to be avoided.
Mr. STEWART. I wish to call the attention of the Senator to the word “abridged” before he passes from that branch of the subject. I should like to understand the operation intended by that expression.
Mr. HOWARD. The word uabridged" I regard as a mere intensitive, applicable the preceding sentence, “but whenever, in any State, the elective franchise shall be denied to any portion of its male citizens not less than 21 years ofage, orin any way abridged” to any portion of its male citizens not less than 21 “except for particiation in rebellion or other crime, the basis o representation in such State shall be reduced in the proportion which the number of such male citizens" that is, the number of citizens as to whom it is either denied or abridged “shall bear to the whole number of male citizens not less thaIn 21 years of e." suppose it would admit of the following application: a State in the exercise of its sovereign power over the question of suffrage might permit one person to vote for a member of the State Legislature, but prohibit the same person from voting for a Representative in Congress. That would be an abridgment of the right of suffrage; and that person would be inc uded in the exclusion, so that the representation from the State would be reduced in proportion to the exclusion of persons whose rights were thus abrid.
Mr. STEWART. she a case of this kind: suppose that in the South they should allow the negroes to vote who had been in the Army, or who had educational qualifications; would those who did vote be included in the basis of representation, or would that be an sbridment of that class of persons so that they won d all be excluded?
Mr. HOWARD. It is not an abridgment to a caste or class of persons, but the abridgment or the denial applies to the persons individually. If the honorable Senator will read the section carefully I think he will not doubt as to its true interpretation. It applies individually to each and every person who is denied or abridrred, and not to the class to which he may belong. It makes no distinction between black and white, or between red and white. except thatif an Indian is counted in he must be subject to taxation. But as to the principle of representation, I beg to call the attention of Senators to 2 passages which I will read from the Writings of Mr. Madison, whose reflections upon the right of suffrage were at once the most enlight ened and profound, to show what were his ideas respecting the right of suffrage and the persons to whom it ought to be granted. It aplies to this whole subject. They apply as wel tot he negro as to the white man. Mr. Madison has been discussing the question of confining the right of suffrage to freeholders, and he observes: “Coniining the right of suffrage to freeholders and to such its hold an equivalent plioporty, convertible. of course, into freeholds. ho objection to this regulation is obvious. It violates the vital principle" I Here my honorhble friendfrom LIHSSflCllU" setts will observe what I regard as the vital principle of republican government; it is not representation because of taxation; it is this “the vital principle of free government. that those who are to be bound by the laws ought to have a voice in making them." That is the oint; that those who are to be bound by the laws ought to have a voice in making the laws.
Mr. JOHNSON. Does the honorable member read from Madisons Writings?
Mr. HOWAHD. The 4th volume of Madisons Writings, page 26.
Mr. SUMNER. s that applicable to all without distinction of color?
Mr. HOwARD. Certainly it is, and whether they can read and write or not. The oint is that the person who is bound by the laws in a free Government ought to have a voice in making them. It is the very essence of republican government. Again he observes, page 27: "Under everyview of the subject it seemsindispensable"I wish the attention of my honorable friendfrom Maryland to this, for I know how much he reverences the character and talents of James Madison“Under every view of the subject" “Every view of the subject, ” not a iartiul view, but every view which had presente itself or could presentitself to the mind of that great m“ an it seems indispensable that the mass of citizens should not bewithout avoice in making the laws which they are to obey, and in choosing the magis trates who are to administer them and if the only alternative be betweenan equal and universal right of suffragefor eachbranch of the Government and a conilnementotthe entire right to a part of the citizens, it is better that those having the greaterinterest at stake, namely, that of property and persons both, should be deprived of half their share in the Government.than that those having the lessor interest, that of personal rights only, should be deprived of the whole." Now, apply that great principle as broadly as it is lai down by Mr. adisou on the page from which I have read, and how can any man of true republican feeling, attached to the essen tial principles of our system of government, refuse the right of suffrage to the whole negro poulation as a class?
Mr. HOWARD. Mr. Madison does not say an thing about females.
Mr. CLARK. I will state to the Senator that I have drawn an amendment something of this kind, which I will read, to see how it would meet his view, if he will permit me at this time: That no person shall be a Senator or Representative in Congressor permittedto hold any office under the Government of the U.S. who. having previouslytuken an oath to support the Constitution thereof shall have voluntarily engaged in any insurrcction or rebellion against the U.S., or given aid or comfortthereto. That would exclude all those who had taken an oath to sn port the Constitution of the U.S. thcreby acknowledged their allegiance to that Government, and had proved false to that oath by joining the rebellion.
Mr. HOWARD. I am by no means sure that I should not be quite willing to support such an amendment as that sungested by the honorable Senfrom NewHampshire.
Mr. JOHNSON. Will the honorable member from NewHampshire inform me whether he proposes to offer that as an amendment?
Mr. CLARK. That was my idea in drawingit.
Mr. WADE. I move to amend the JtResolution by striking out all after the word “article.” in line 8, and substituting the proposition which I send to the Chairto be rea.
The Secretary read the words preposed to be inserted, as follows:. Sec. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of personsborn in the U.S or naturalised by the laws thereof: nor shall any State deprive any personoflife liberty or property without due prooessof law; nor deny to any personwithin ita jurisdiction the equal protectionof the laws. SEC. 2. No class of  personsnsto the rinht of any of whom to suffrage discrimination shall be made, by anyStute shall be included in the basisof representation. Unless such discrimination be in virtue ofim partial qualificiitlons loundedonintclligence orproperty or because of alienuge, or for participation in rebellion or other crime. Site.3.The public debt of the U.S. including all debtsor obligations which have beenor may hereafter be incurred in suppressing insurrection or in carrying on war in defense of the Union or for payment of bounties or pensions incident to such war and provided for by law, shall he inviolable. But debts or obligations which have been or may hereafter beincurred in aidof insurrcction orof war against the U.S and claims of compensation for loss ofinvoluntary service or labor shall not be assumed or aid by any State nor by the U.S. See. 4. Hc Congress shallhavepower to enforce by appropriate legislation the provisionsof this article.
Mr. FESSENDEN. Suppose a person is born here of parents from abroad temporarily in this country.
Mr. WILSON. If the Senfrom Ohio intends to ress this amendment to a vote I trust he will consent to some modification of it. In the 2nd section I think the word “property” should be stricken out. That section reads, “no class of persons as to the right of any of whom to suffrage discrimination shall be made by any State shall be included in the basis of representation, unless such discrimination be in virtue of impartial qualifications founded on intelligence or property, or because of alienage, or for articiation in rebellion or other crime.” certainly think we ought not to put the word “property” as a qpalification for suffrage in this country into the Constitution of the U.S. If we are to have anything of that kind I think it should be a qualification on account of taxation, not on account of property, but taxation, paying a proportionate part to support the Government. I do not think such a qualification as this should go in the Constitution, and I cannot vote for this proposition as against the proposition of the committee. Then there are words in the 3rd section that I think should be stricken out. Those words are, “and shall not be taxable by any State.”
Mr. WADE. Those words are not in the amendment I have offered. They were in the amendment as 1st submitted and printed, but they are stricken out of the amendment as now offered.
Mr. FESSENDEN. I think the proposition had better be printed as it now stands amended.
Mr. WILSON. I am very glad that the Senfrom Ohio has stricken out those words which were in his original amendment. I wish simply to say upon that point, that for one, I can consent to vote for no proposition that does not go squarely to the country, that the national debt hereafter created shall be taxed like all other property. I donot believe in the wisdom of having 2 or 3000 millions of capital in this country placed beyond taxation. We did it in time of war, in an hour of need. iwill adhere to that with all fidelity. It is as sacred as any pledge we ever made, as sacred as the blood of our soldiers. But I will consent to no measure that changes one dollar of that property into a new loan, and does not subject it to taxation equally and like all other property. I believe the safety of the debt itself demands that.
Mr. WILSON. As amendments are being offered, I desire to submit an amendment, for the purpose of having it printed, to the 2nd section of the article reported by the committee, and also an amendment to the 3rd section. Ll
Mr. JOHNSON. I ask for the reading of l. em
The Secretary read the amendment proposed by Mr. wILSON to the 2nd section, which was to strike out the section and in lieu of it to insert the following words: Representatives shall be apportioned amour; the several States according to their respective numbers; but if in any State the elective franchise is or shall be denied to any of its inhabitants, being male citizens of the U.S. above the age of 21 years, for any cause except insurrection or ILbGHIODBKaInStht e U.S. the basis of representation in such State shall be reducedin the proportion which the number of male citizens so exc uded shall bear to the whole number of male citizens over 21 yearsof ago.
Mr. WILSON. Before the other amendment is read, I wish to state in a single word the distinction between the proposition just read and the section of the committees proposition for which it is offered as a substitute. In the original proposition the language is “citizens of the State, ” in this it is “ inhabitants being male citizens of the U.S. ” I think the distinction is of vital importance. Now, let the Secretary read my other proposition.
The Secretary read the proposed amendment, which was to strike out section 3, and in lieu of it to insert the following: That no person who has resigned or abandoned or may resign or abandon any (illico under the U.S. a States.tatnhde hGovernment tmhaeyretoafk, eshpaallrtbeinerliegbibelloliotno any oflineunder the U.S or of any State.
Mr. WILSON. I will simply say in regard to this proposition, which I desire to have printed, that I am in favor of striking out the 3rd section of the proposition of the committee, and I prefer simply to strike it out rather than to insert anything in place of it; but I submit this motion so that if we are to have anything inserted in its place, we shall give the people an opportunity O voting upon a prosition which says that the men who resign or abandoned offices under the Government of the U.S., whether civil or military, and engaged in rebellion, shall never hold any office under the Government of the U.S., or under any State.
Mr. FESSENDEN. I wish to suggest to my friends that if they desire to offer amendments it would be better to move each amendmentseparately, either in the place of some section in the resolution reported by the committee, or as an addition. Ihe difficulty of presenting propositions together as a substitute for the whole is that we are compelled to vote upon them as a whole. Ifa Senator wishes to substitute one provision for another, let that be a motion distinct by itself.
Mr. FESSENDEN. But the honorable Senfrom Ohio has moved a substitute for all the 5 sections of the article reported by the committee. Perhaps I might vote for some one of the sections he proposes, but I cannot for all together. The purpose can be accomplished by simply moving one section as a substitute for another, or by offering his amendments as additional revisions.
The PRESIDING OFFICER, Mr. Hm BRICKS in the chair.) But one of teamendments proposed by the Senfrom Massachusetts is now in order. The Chair understands the Senator, however, to repose his I 2 amendments simply with a View of their being printed. Is there any objection to the reception of both amendments with a view to their being ordered to be printed?
Mr. CLARK. I suppose these amendments are all offered for the purpose of bringing them to the knowled e of the Senate and having them printed, and that no rule of the body will be enforced upon them.
The PRESIDING OFFICER. If that be the unanimous wish of the Senate, it will by so ordered. “i
Mr. CLARK. I propose to offer as an amendment to the 3rd section the proposition which I read some time ago to the Senate, but it would not be in order for me to do so now if any rule of the Senate was to be enforced upon it. I desire to offer an amendment to the t ird section, for the or ose of having it printed. P
The PRESIDING OFFICER. If there be no objection the order will 1st be made to print the amendments submitted by the Senfrom Massachusetts. The Chair hears no objection.
Mr. CLARK. I desire to offer this as a substitute for the 3rd section of the committees resolution: No person shall be a Senator or Representative in Congress, or be permitted to hold any office under the Government of the U.S., who, having previously taken an oath to support the constitution thereof, shall have voluntarily engaed in anyinsurrection or rebellion against the U.S or given aid or comfort thereto. I wish also to.ropose an amendment to the section in regard to the rebel debt, in these words: Debtsincurred in aid of rebellion or war against the U.S. are illegal and void shall not be enforced in any court or assumed or paid by the U.S or any State, or by its authority: nor shall any componsationever be madefor the useor emancipation of any slave. I prefer to make the provision in regard to the rebel debt a little more specific an to go a little further. I am not content to say that it shall not be aid by the U.S or any State, but Ipwant to say that it shall not be enforced in any court, either in an action or by way of set off; nor shall any debt incurred by any city or municipal corporation in aid of rebellion ever be paid: I do not want that any citizen of my State or any citizen of any othe1 loyal State who shall go down into that country shall ever be taxed to pay one cent of the rebel debt, and I want to say to the world that every particle of it is to be forever repudiated and remain unpaid, that we will not acknowl edge it or suffer any of our courts to enforce it.
Mr. JOHNSON. Was the 1st amendment of the Senator proposed as a substitute for the 3rd section?
Mr. CLARK. Yes, sir. The 3rd section does not seem to be satisfactory to a great many persons, and yet I think something of the kind, looking toward the exclusion of many of those who participated in the rebellion from participation in the administration of our government, is desirable. The section as it stands in the committees plan provides that no person who has been engaged in the rebelion shall be allowed to vote until 1870. That is about 4 years off. Now, it will probably be a year and a half before this amendment can he agreed to by the States; they will be allowed to have until that time; and then it will only be an exclusion for a couple of years. I am afraid that the obstruction they will make to the adoption of the plan will be more serious than all the advantage we can derive from it. I much prefer that you should take the leaders of the rebellion, the heads of it, and say to them, “You never shall have anything to do with this Government, ” and let those who have moved in humble spheres return to their loy alt and to the Government. G
Mr. HOWARD. Allow me to suggest to the Senfrom NewHampshire, by way of amendment to the amendment offere by him to the 3rd section, that he strike out the word “voluntarily, ” so as to exclude that class of persons absolutely without qualification.
Mr. CLARK. I shall have no objection to any amendment of that kind.
Mr. HOWARD. Any person who has taken an oath to support the Constitution as a member of Congress or as a Federal officer must be presumed to have intelligence enough ifhe entered the rebel service to have entered it voluntarily. He cannot be said to have been forced into it by pressure; but as the amendment of the honorable Senator now stands it leaves open as a question of fact whether he actually entered the rebel service voluntarily or involuntaril.
Mr. CLARK. I will adopt the suggestion of the Senfrom Michigan, and I Will adopt any other suggestion that seems properin regard to this amendment. I throw it out merely as a general idea or proposition. It may not be satisfactory to all minds; it may need amendment; it may possibly go too far; but I throw it out to the Senate and desire to have it printed as embracing a general proposition the main feature of which I think should be agreed to, and as a substitute for the 3rd section proposed by the committee.
Mr. HOWARD. Inm inclined to think I will support that amendment with that modification.
Mr. CLARK. I do not propose further to discuss the subject, but submit t ie amendment and ask that it be printed.
The PRESIDlbG OFFICER. The amendment proposed by the Senfrom NewHampshire will be printed, unless there be objection.
Mr. BUCKALEW. I desire also to submit an amendment with a view to have it printed.
The PRESIDING OFFICER. The Chair will receive the amendment and an order will the entered for its printing if there be no objec ion. The amendment of Mr. Be exusvt is to add:9 the resolution the following additional sec ion:. SEC. 6. This amendment shall be used a on in eachState by the Legislature thereo which 5 all be chosen or the membersof the most popular of branch which shall be chosen next after the submission of the amendment, and at its 1st sessionand no acceptance or rejection shall be reconsidered or lsgioanin; brought in question at any subsequentses nor shall an acceptance of the amendment c valid if made after 3 years from the passage of this resolution. EXECUTIVE SESSION.
Mr. GRIMES. I move that the Senate 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. wEDNBSDAY, May 23, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Barsrow. The Journal of yesterday was read and approved. LEAVE or ABSENCE. Mr. BERGEN asked, indefinite leave of absence for Mr. Tainan. Leave was granted. LETTER CARRIERS IN SanFranCISco.
Mr. McRUER, by unanimous consent, reported back from the comPostOffice a JtResolution (H.R.No. 142) authorizing t as PostMGenl to ay additional salary to letter carriers in SanFrancisco. The JtResolution, which was read, proposes to authorize the PostMGenl to pay to letter carriers in SanFrancise o such additional salary above that provided by law as may be necessary to procure competent persons for such service.
Mr. LEBLOND. I desire to sag est that this JtResolution ought to provide some limit. In its present form it gives to the PostMGenl unlimited power.
Mr. McRUER. I beg cave to say that it ves to the PostMGenl the same authority which has been given to the SecyTreasury and the ComrIntRev to pay only so much additional salary as may be necessary to secure competent persons to do the service. It is not to be presumed that he will give an more. Thus far, the letter delivery has not been established in SanFrancise o in consequence of the inade quate compensation allowed by law. ThisJtResolution only allows the PostMGenl to give asmal additional compensation that may be necessary to secure carriers.
Mr. LEBLOND. I would suggest to the gentleman that the resolution does not limit the additional amount to be paid; it gives the PostMGenl unlimited power. If the resolution were so amended as to authorize him to allow additional ay, not exceeding a certain amount, it woufd limit the power of the PostMGenl. It seems to me it ought to do that.
Mr. McRUER. I do not think there is any necessity for that. It is not to be presumed that the PostMGenl will spend any more money for his Dept than is absolutely necessary.
Skip Skip The JtResolution was ordered to be engrosse and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. McTtUER mtRtv the JtResolution was passed; on the table. Agreed to. HOMESTEADS IN SOUTHERN STATES. On motion of
Mr. JULIAN. I move that the House appoint a committee of conference to act with a similar committee of the Senate on the disagreeing votes of the 2 Honses. The motion was agreed to. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled a bill (H.R.No. 193) entitled “ An act for the relief of Mrs. William L. Herndon;” which was there upon signed by the Speaker. PREVENTION OF CHOLBRA.
Mr. ELIOT. Iask unanimous consent to report back from the ComCommerce a JtResolution (H.R.No. 116) to prevent the introduction of cholera into the ports of the U.S., with certain Senate amendments, in which the committee recommend concurrence. The amendments were read, as follows: 1st amendment: In line one strike out the word "President" and insert in lieu thereof the words "SecyTreasury." 2nd amendment: In line 7 strike out the word “ President" and insert in lieu thereof the words "SecyTreasury." 3rd amendment: Strike out all after the word "to" in line 7 down to and including the word "patients"in line 13, and insert in lieu thereof the following: Direct the revenue officers and the otheers oommanding revenue cutters to aid in the execution of such quarantine and also in the execution of the health laws of the States rospectively, in such manner as may to him seem necessary. 4th amendment:.Add at the end of the hill the following: Provided. That the uuthorit herebygranted shall expire on the 1st Monday in danuary, A. D. 1867.
Mr. LEBLOND. Reserving the ripht to object, I wish to ask one question whether this does not take from the resident the appointing power and confer it upon the SecyTreasury.
Mr. ELIOT. No, sir, not at all. I will state what I understand to be the reason of this change. As the House passed the resolution it provided thatthe President, through the SecyWar, should when necessary authorize the military and naval forces to enforce through certain southern States uarantine laws. The Senate changed that wiole provision so as to authorize the SecyTreasury to direct revenue officers and officers commanding revenue;cutters to aid all the States in the enforcement of their different quarantine regulations. It has no reference to appointments at all. I call the previous question.
Mr. LEBLOND. I have not had an opportunity to examine the bill to see what the amendments are, and for the present I shall have to object to its consideration.
Mr. ASHLEY, of Ohio. The gentleman cannot do that. now.
The SPEAKER. the right to object. AGRICULTURAL REPORT.
Mr. ROSS, byunanimous consent, submitted the following resolution; winch was read, and under the law reterred to the ComPrintg: Resolved, ffhnt in view of the greatdemandforand high appreciation of the Report of the ComrAg for the year ISO, by the agriculturists of the country, the Couiniitee on Irintin be in sptrriunctetedd for distribution to the expediency O having on extra uuniber ofcopics. equal to the number published for the year 1863. INDIAN senooris.
Mr. WINDOM, by unanimous consent, submitted the follownig resolution; which was read, considered, and agreed to: fienolved, That the SecyInterior be directed to examine into and inform the House, as soon as practicable. how much moneyhaslieretolore beenappropriated for the erection of schoolhouses and the maintenance of schools at the different Indian agenciesWithin the dakota Indian superintendency, and the manner in wllllll the same has been expended, togetherWith themesent conditionof said 8 QHCILap8d the manner in which the busmcssof:lanltsl luperintendoucy and naoncies has been conuc c. MARRIAGES IN DISTCOL.
Mr. PATTERSON, by unanimous consent, introduced a bill for legalizing marri"es, and for other purposes, in the DistCol which was read a 1st and 2nd time, an referred to the ComDistCol. PROPAGATION 0? FOREST TREES.
Mr. BIDWEHL, by unanimous consent, moved that the ComAg be discharged from the further consideration of House bill No. 423, donating public lands to the American Forest Tree Propagation and Land Company, for conducting experiments respecting forest tree culture calculated to prevent the destruction and encourage the production of forests in America, and that the some be laid upon the table. The motion was agreed to. ruimniinxs BUREAU.
Mr. PRICE demanded the regular order of business.
The SPEAKER stated the morning hour had commenced and the House resumed the consideration of House bill No. (ill), to continue in force and amend an act entitled “An act to establish a Bureau for the Relicfof Freedman and Refugees, ” and for other purposes. The reading of the bill, begun yesterday, was then concluded.
Mr. ELIOT. I have 2 or 3 amendments to offer. I move in line 5, section one, The gentleman reserved to strike out “ 3 ” and insert “ 2, ” so it will read: That the act to establish a Bureau for the Relief of Freedmen and Refugees approved March 3, 1865 shall continue in force for the termof two yearsfrom and after the passageof this not. The amendment was agreed to.
Mr. ELIOT. I move in the 3rd section a“fter the word “clerk” to insert the words not heretofore authorized by law." The amendment was agree to.
Mr. CHANLER. Is the printed bill upon our table?
The SPEAKER. It was ordered to be printed yesterday, and is now ready for distriution.
Mr. ELIOT. I move in section 5 to insert “one” instead of “ 3;" so it will read “one million acres.” The amendment was agreed to.
Mr. CHANLER. I desire to know wherein this bill differs from the one recently vetoed by the President.
Mr. ELIOT. I will answer that presently.
Mr. CHANLER. I expect the gentleman to answer it, for it is vital to the bill.
Mr. ELIOT. I understand the news is that Mr. Ferry has been elected by both Houses of the Connecticut Legislature a Senator of the U.S. [A pplause, promptly checked by the Speakeal
Mr. LEBLOND. I move that business be suspended to allow members an opportunity to shout. [Laughter]
The SPEAKER. How long a time does the Gentfrom Ohio [Mr. Li; Bmxn] desire?
The SPEAKER. The morning hour has expired, and the bill goes over until tomor row. The Gentfrom Massachusetts [Mr. ELIOT] has 5 minutes of his hour. remaining. ENROLLIZDHILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reited that the committee adexamined and ouiid truly enrolled a bill (S. No.318) entitled “ An act to authorize the appointment of an additional Asst SecyNavy 3” when the Speaker signed the same.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Secretary, informed the House that the senate had passed, without amendment, House bill No. 453, for the relief of Cornelius B. Gold, late acting asst paymaster U.S. Navy. The message further informed the House that the Senate had passed, with amendments, House bill No. 281, to amend the postal laws, in which amendments the concurrence of the House was requested. The message further informed the House that the Senate had passed bills of the following titles, in which the concurrence of the House was requested: An act (S.No.284) for the relief of the chicidren of Otway H. Berryman, deceased; an An act (3. No. 330) making further provision for the establishment of an armory and an arsenal ofconstruction, deposit, and repair on RockIsland, in the State of Illinois. TAX BILL.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itselfiiito the ComWhole on the state of the Union on the special order, The motion was agreed to. i SO the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawes in the chain; and resumed the consideration of the specia order, being a bill of the H“ouse (No. 513) to amend an not entitled An act to provide internalrevenueto support the Government. to pay interest on the public debt, and for other purposes, " approved June 30, 1804, and acts amen atory thereof.
The Clerk read as follows: That section 114 beamended by inserting after the word "periodically" in the 1st sentenceof said section the words. "or otherwise or publishinfilany guide. almanac, catalogue, directory, or any ot or paperor boo a"
Mr. JENCKES. I believe that no vote was taken last night on the amendments of fered to the paragraph preceding this. When the Gentfrom Vermont offered them, I understood that no vote was to be taken upon them then.
Mr. MORRILL. As I understand it, the amendments which I offeredlast evening were adopted; but it was understood that the para graph should be open to amendment this morn in.
Mr. JENCKES. I did not understand that the last amendment offered by the gentleman was voted on last evening.
Mr. MORRILL. I thought it was. sumed that no one objected to it.
The CHAIRMAN. According to the recollection of the Chair, the amendment was adopted; and the Globe sustains the Chair in I prehis. roeollectiou. But ifgtho Chair bears no objection the amendment will be considered as again before the committee for action.
The Clerk read the amendment, as follows: Amend by inserting at the closeof the 1st proviso the folluwmz: But. the reti irnsIC t11!0d to be madeby such prov ident institutions an saviti. banks after July, 1M5, shall be made on the 1st onday in January and the hrst Monday in July In each year, in such form a ndmanner as inn be prescribed by the ComrIntRev.
Mr. MORHILL. Mr. Chairman, l will say this amendment is to allow these institutions to make their returns and pay their taxes semi annually instead of monthly, because it is almost impossible for them to keep accounts with so large 0.number of depositors and make returns monthly.
Mr. BRANDEGEE: That subject is not now before the House, as the amendment was agreed to last evening.
The CHAIRMAN. The Chairput the question to the committee, and there was no O joetion to takin a the amendment again.
Mr.THA E.Iunderstand the Gentfrom Vermont said there would be no vote on the amendment last evening.
Mr. MOREILL. I referred to the para graph, and stated that that would be open to urther amendment.
The CHAIRMAN. The Globe corroborates the Chair. The amendment is before the HOuse by unanimous consent.
Mr. BRANDEGEE. I rise to a point of order. The Chair asked whether there was objection and my colleague [Mr. DEMING] demanded that the amendment should be reported before he yielded his consent. After the amendment was read he rose and objected.
The CHAIRMAN. The Chair did not hear the objection, and the amendment is before the committee. The amendment was agreed to.
Mr. PIKE. The processes h which wealth is produced ought to he ioliev. That we all agree to. But here is an attempt. at the excuse of those processes,to relieve wealth itself. I protest, upon sound principles of political economy, against it, an i hope the attempt will not succeed. I am surprise dthut my colleague with the history of our State before him, should make this motion. I have looked at the report of the Comptroller of the Currency, and Ilind the fact to be in regard to the banks of Maine, according to the returns of July and October last, that they pay it tax of less than 1%. perannum on their capital.
Mr. BLAINE. I made in statement in view of the tax to be levied on er the decision of the Supreme Court not what has been but what is to be imposed hereafter.
Mr. PIKE. Now, then, our banks for a series of years have paid to the State 1%. on their capimL The U.S. gathers less than 1%. upon it and in return therefor furnishes them with their cir culating notes. So that today the banks of Maine are paying a less amount to the General Government than they have heretofore paid to theState, and by law they are exempt from State tax. It is said that they have now to pay leeal taxes, in accordance with the decision of the Supreme Court. Well, local taxes are burden some, but farmers, merchants, and everybody else have to ay them, and in the banking act it is providerFspecially that the national banks shall pay precisely the same tax that the State banks 0. In my own State the local banks have always had to pay local taxes in addition to the 1%. State tax, so the national banks today are upon the same footing precisely as the State banks were before the national bank act was passed, with this eXccption, that the General Government now furnishes their circulating notes which before, as State banks, they had to furnish themselves. Now, sir, is this bank interest sulfering? Will anybody say that it is suffering? No returns of dividends are provided for under the general law. Icannot ascertain from the Comptroller what dividends these national banks have made. utI suppose no man can doubt that from the beginning of the present national banking system until the present time, their dividends have been on average at least 9 or 10%.
Mr. PRICE. I desire to ask the gentleman a question. I understand him to say that there is no means by which he can ascertain the amount of dividends of these national banks.
Mr. PIKE. Iinqnired of the Comptroller and he said he had none in the office.
Mr. PRICE. There is not a bank organized in the U.S. since the passage of the act that does not return to the Comptroller under oath the amount of dividends and when paid.
Mr. PIKE. I merely know what the Comp troller tells ine, and I hold in my hand his published report and that does notgive any returns. Now, I have no doubt the dividends of these banks have averaged 10%. perannum. Some of them linuc paid enormous dividends. Take the national banks of this city. DOO8 anybody doubt that the [1st National Bank of Washington has paid 40 to 50%. peroniiuni? A MEMBER. Bank?
Mr. PIKE. I do not know about the Merchants Bunk. There has been the same kind of rase ulity in that bank that has pervaded Some other banks that we do not know so much about. kllere the hammer fell.]
Mr. LYNCH. I move to strike out the last word in the amendment. Mr. Chairman, I think it would be better if my colleague would withdraw his amendment, and allow it to be offered to the currency act, where it properly belongs. It is not appropriate to this bill, which provides only for the taxation of State banks, and not national banks. It provides that this section shall not apply to arisociutions which are taxed under and by virtue of the act “ to provide a national currency secured by a pledge of U.S. bonds, and to provide for the circulation and redemption thereof.” The national currency oct provides for the taxation of national banks. The amendment of my colleague does not properly belong to this bill.
Mr. BLAINE. What my colleague [Mr. LYXUH] suggests is a mere matter of form. The amendment as offered by me is entirely pertinent to the pending bill. I rise now to correct my other colleagues [Mr. PiKiJs] figures. He is usually very accurate, but he is out of the line just now. I understand him to say that the national banks now in existence are no more heavily taxed by the national government than the State banks formerly were by our State laws. Now, the gentleman knows that for years and years in Maine we had a tax of 1%. only on the capital of the banks, as levied directly by State authority. Their circulation was not limited as is that of the national banks. was. they were not taxed on their circulation, and were not taxed for it license. They paid only 1%. on their capital stock. he national banks pay for a license, 5%. on their annual net earnings, 1%. annually on their circulation, and a half%. on their deposits.
Mr. PIKE. The average tax, taking the July and October returns of 1865, on the cir culation and deposits of Maine banks amounted w 82/100ths of 1%. I take those 2 months because they give a fair average. Now, on have to add to that 5%. on the dividends, and one filth of 1%. for a license, so that altogether the tax is less than 1%. per annum. MLBLAINE. Alllrnaintainis, t atwlicrcas the old State tax was 1%., the national banks pay more than double that tax. Since this discussion commenced, the Gentfrom Iowa [Mr. ALLISON] has placed in in hands a letter from a constituent of his which clearly shows how very heavily the tax on national banks foots up in certain localities. The bank referred to is a small one of but $50,000 on ital, and yet the taxes, national and local, for the past year amounted to $3, 467 87, or nearly 7%. on the capital of the bank and this is no exceptional case. In many communities the taxes are fully as heavy as in the instance named, and in some places they are even higher. As to the question of profit, my colleague says that these banks have made dividends of 10%. Why, the bonds they have deposited in the Treasury, national securities, paying 6%. in gold, would have divided 10%. [Here the hammer lelL]
Mr. LYNCH. I withdraw the amendment to the amendment.
Mr. KELLEY. Mr. Chairman, there will come a time for the discussion of this whole banking system. It was adopted under exigencies, and may or may not eapermanent part of the system of the country. At any rate, I How about the Merchants No matter how much it experienoe is suggesting that it needs improve mciiL the proposition of the Gentfrom Maine, [Mr. Burma] to remove all taxes but the tax on deposits. unless that taxation be made by gradual increase at fixed periods so as to prevent discounting upon deposits, would only be to strengthen one of its greatest vices. The chief vice of the system is discounting upon deposits. It aggra vates every financial crisis. When money is abundant it tempts the banks to invite operas tors into speculation, and the moment contractions begin it exuggcrates their virulence by 100s of%. There should be no banking upon deposits, or at least not to an extent greater than 60 or 70%. beyond.the capital of the incorporation. I hope that when the banking bill comes before us it will be so restricted, and that the banks will be called upon to pay at least the taxes they now pay. lhcse blinks have paid dividends of from ten to 100%. I can name one of them that declared a dividend of 100 )crcoutq and this is the last place in the world1to begin remitting taxes. The government keeps in these banks an average balance offrom 40 to 60 million dollars, and for the use of that mone they can well afford to pay the taxes assosse upon them. I hope thatwhen we oonsiderth is banking system again we shall prohibit the Government from keeping deposits in anyof these banks, to be banked upon and scattered by the half million as was done by the bank in this city which lately exploded. If you transfer the tax to deposits, I venture to say that before this session closes you will so restrict the system of deposits as to diminish the collection of taxes from the national banks with their dividends and reserve profits averaging probably 40%. perannum.
Mr. BLAINE. Does the Gentfrom Pennsylvania [Mr. KELLEY] understand that my amendment proposes any change in that respect?
Mr. KELLEY. The Gentfrom Maine [Mr. BLAINE] proposes to put a tax upon dqmsits.
Mr. BLAINE. I do not propose to put any more tax upon deposits than is imposed now.
Mr. KELLEY. It will prove to be putting the tax upon the gas of the balloon after the balloon has exploded.
Mr. BLAINE. If the gentleman will explain to the House how taxing deposits is going to facilitate banking on deposits, he will give us some new light upon it.
Mr. KELLEY. The gentleman proposes to remove all other taxes and to leave the tax on de osits. Mr. BLAINE. The present tax is a half of 1%. upon the deposits. The amendment which. I have proposed leaves that tax just where it now 13. Therefore if you are going to stimulate discounts by taxing deposits, then you have done it already. The Gentfrom Pennsylvania [Mr. KELLEY] maintains that if we put this tax on deposits it will stimulate these enormous discounts. I cannot see the point of the argument. I do not see the connection between the cause and presumed effect. My proposition is just this: in view of local taxation we mustlighten the national taxation; and I would trike it olf the country banks, where circulation is the great object, and leave it on the city banks, those of Philadelphia and NewYork and other large places where deposits in the course of mercantile transactions are very. large. Probably the Gentfrom Philadel liia [Mr. KELLEY] represents aliirge banking interest in that city; and it may do very wel for him to resist this proposition. I represent acouutrv district, and 1 want the city banks, with their enormous profits upon deposits, to pay the expenses of this system. I do not wonder that the Gentfrom Philadelphia should resist that. But I wantto put it there; [want those who are able to pay the tax to bear it. I want the sources of business, the country banks in the small communities, the little rills own up in the mountains, before they et into the oceans of Philadelphia and NewYork, to get a chance to live.
Mr. KELLEY withdrew his amendment to the amendment of Mr. BLAlNB.
Mr. BOUTWELL. I renew the amendment to the amendment.
Mr. LYNCH. I rise to apoint of order. My point of order is, that the amendment of my colleague [Mr. BLAINE] is not germane to this paragra. The CPHAIRMAN. The Chair overrules the point of order.
Mr. BRANDEGEE. It is too late to raise that point of order now, for the amendment has been received and debated.
Mr. BOUTWELL. While we have no means of knowing exactly what the profits of these banks are as a whole, the report of the comtroller discloses some facts which will enable the House to judge whether they are able to bear the taxation which is proposed to be put upon them by this bill. n the 1st of July last, according to their returns, the aggregate of the banks had a surplus fund of $31,000.000. They were also liable for dividends unpaid, that is, dividends which had been declared but which had not then been paid, to the amount of $4, 700,000 more and they also had a profit account of $23,000,000, the whole making an ag regate of profits of between $58,000,000 and $59,000,000, then undivided. upon a capi tnl paid in of $325,000,000, or nearly 18 %. On the lat of October last their surplus funds, which of course originated in profits previonsly made, amounted to $38, 700,000. heir unpaid dividends, that is, dividends declared out of profits earned but not paid, amounted to $4, 931,000 more, and their profit account proper, that is, the account not embraced etther in unpaid dividends or surplus funds, amounted to $32, 350,000 more, maing an aggregate of profits on the lst of October last of $85,000,000 on a capital paid in of about $393000,000, and showing that between July and Cctober, a period of 3 months, after deductin all the dividends paid, they have carried their profits from $58,000,000 npto $86,000,000.
Mr. BLAINE. Does not that come from the sale of gold?
Mr. BOUTWELL. I do not know from whence it comes;I only know that it is there.
Mr. HOOPER, of Massachusetts. I merely want to state in regard to that little bank that the Gentfrom Maine [Mr. Bums] an s is now so heavily taxed, that I find upon looing over the returns that with only $50,000 capital they have about $190,000,000 drawing interest, upon which, if they get only 6%., they will receive over $11,000 of prots and I understand that this little bank one of these rills up in the mountains, as the gentleman describes them pays semiannual divi dends of 10%., making 20%. perannum.
Mr. BOUTWELL. I withdraw my amendment to the amendment.
Mr. KELLEY. Mr. Chairman, I move proforms? to amend the amendment by striking out the last word. My object in offering this amendment is simply to saya word in repl to the Gentfrom Maine, Mr. Burst Ll The gentleman suggests that represent a large banking capital in Philadelphia. I wish him to understand that if that banking capital derives as itdoes enormous profits from banking on deposits, I desire to impose a restriction upon it. I want to prevent, by legislation, e effect of which shall be gradua, the banking institutions of the count from banking on their deposits, whereby affirm they stimulate and produce crises and aggravate them when they come. 0 My philosophy, which the gentleman could not comprehend, is this: if we now put all our taxes on the deposits, we shall not, when we come to consider the bank bill, be able to restrict the banking on deposits, because he and others will make the argument that if we do this we will release the banks from the taxation. Now, I do not desire that the deposits, which I hope will not hereafter be as at a source of profit to the banks, shall be the only source of taxation. I wish that when we come to deal with the banking system we may be free to perfect it as experience may suggest. That is my philosophy. Mr. Chairman, I withdraw the amendment to the amendment.
Mr. RANDALL, of Pennsylvania. Mr. Chairman, I consider that the best course we can pursue in reference to this question of State taxation and Federal taxation upon these banks is at this time to follow the ComWays&Means in reference to this tax. I deem this not the propertime to touch that conflict which must arise between Federal and State taxation upon these banks. I would prefer to reserve that question till it shall be presented, as it will be shortly, by the ComBanking&Currency. Then we can take up and discuss the whole system of banking in reference to taxation. We can then decide also whether this House is preared to continue a system of deposits in these national depositories without any adequate security therefor a system which has led to such immense losses by the Government. I hope, therefore, that the House will follow the committee strictly in reference to this taxation.
Mr. MORRILL. Mr. Chairman, I believe that the loss of revenue by taking this out will amount to about 7 million dollars. The subject has been hitherto considered in connection with the currency bill, and therefore it has not been introduced in connection with this bill, which merely relates to State banks and savings institutions. I think that the whole subject of the laws regulating national banks requires revision. I am satisfied that some relief must be given to those institutions or they will soon perish; I am willing, for one, to afford them some relief. But I prefer that the question should come up distinctly and separately in its properplace. For the purpose of terminatingdebate, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 613, 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 amendstory thereof, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of House bill no 513 all debate upon the pending par agraph am the amendments thereto terminate in 5 minutes.
Mr. HARDING, of Illinois. I trust that will not be agreed to. I desire to have an opportunity to move to strike out the last proviso of the urn ra h.
Mr. 1i OIiltILL. The gentleman will have an opportunity tomove that amendment. The motion was agreed to. TAX 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. Dawns in the chair) and resumed the consideration of the special order, being a hill of the House (No. 613ito amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, IBM, and acts amendatory thereof.
Mr. BLAINE. The chairman of the ComWays&Means did not hear me or he would have been relieved from the necessity of moving that the committee rise. There is an impression prevailing that the amendment belongs to the currency bill. I suppose the idea is to get.Congress to enacta law absolutely prohibitin local taxation. I believe that to ea“ bar or lick" at the local revenues than this would he to the national revenues. We can better alford to remit the tax here than they can to forego it there. I think nothing in the currency bill will prove as acceptable as this would. But as I do not wish to press my amendment ata time when its friends would be some what divided, I now propose to withdraw 5C
Mr. STEVENS. Ihad intended to offer an amendment to this section relieving the State bunk circulation, alter the 1st of July next, from the 10%. tax, but understanding the ComBanking&Currency de sign to make a revision of the general currency act I shall withhold my proposition until the
Mr. BALDWIN. I move to strike out in line 2448, “ 500 ” and insert “1000.” Mr. Chairman, my opinion is that the deposits in the banks described in this paragraph ought to be entirely exempted from taxation. They are banks having no capital stock, and do no other business than receive de osits to be loaned for the parties making the e osits, without compensation. A title to signi y what these banks are would be “ loan agencies.” They are mere loan agencies. There is no more reason for taxing money put at interest through these agencies than for taxing money putat interest by other methods. In deference to the views of some gentlemen I waived the amendment I intended offering and submitted the one now pending. The depositors in these banks are generally poor people who make small gains and lay them aside quarterly or yearly. All their income from money invested through savings banks is taxed 5%. without regard to its amount, while the income of richer people is exempt to the amount of $1,000. n view of that tax, I suppose it is not more than justto exempt all deposits below $1,000 from taxation.
Mr. MORRILL demanded tellers. Tellers were ordered; and Messrs. Monmu and BALDWIN were appointed. The committee divided; and the tellers reported ayes 44, noes 49., u So the amendment was disagreed to.
Mr. ONEILL moved to strike out these words: Provided, That this sectionshall not apply to asso ciations which are taxed under and by virtue of the act"to provide a national currency secured by s p led c of U.S.bonds, and to provide for the circu tattooand redemptlon thereof and the de ositsin associations or companies known u provi out institutions or savi banks. havins up capital stock and doing no other usiness than receiving de positsto heleaned or invested (or thesole benefit of the parties making such do site. without profit or compensationto the associationor company, shall be exemptfrom tax or dub on so much of their de os its as they have investedin securities of the U.S., and on all deposits less than 1000 made in the nameofnny one person: and prontdedfurfller, That any bank ceasing to which lhfll issue notes for circulation, and deposit in the Treasury of the U.S., ln luwfu money. the amount of its outstanding circulation, to be redeemedat par. under such regulations as the SecyTreasury prescribe shall be exempt from any tax upon smuacy eiruul on. The amendment was disagreed to.
Mr. THAYER. I move to strike out in line 2442 the word “or, ” and insert after the word “banks” the words “savings fund and other savings institutions.” The amendment was agreed to.
Mr. HARDING, of Illinois. I move to strike out the following: Provided further, That an bank ceasing toissue notes for circulation and which shall deposit in the Treasury of the U.S., in lawful money.the amount of its outstandinlcirculation. to beredeemed at par, under such regulations as the SecyTreasury may prescribe shall be exempt from any tax upon me circulation. The amendment was disagreed whitn?
The Clerk read as follows: That section 114 be amended by inserting ufterthoword “ periodically"in the 1st sentenceof the mid sectiont O words "or otherwise, or publishing any guide, almanac, catalogue, direct cry, or any other paperor book."
Mr. ANCONA moved to add the following: and that section 114 be fur tnheewrsapmapenerds ewdhine stehe last clause so as to exempt all average circulation does not excoed3000copies from all taxes for advertislng. The committee divided; and there were ayes 26, noes 40; no quorum votin.
The CHAIRMAIN ordered telers under the rule; and appointed Messrs. Axcoru and Momma. The committee was again divided; and the tellers reported ayes 28, noes 70. So the amendment was disagreed to.
The Clerk read as follows: ixcons. That section 116 be amended by strikjngput all after the enacting clause and inserting in lieu thereof asfnllows: that there shall be levied, collected. aadpaid annually upon the gains, profits and income O every person residing in the U.S., a duty of 5%. on the excess over$1,000 and a like duty shall be levied, collected and paid annually: upon the gains. profits and in comeof every business.trade or profession carried on in the U.S. by persons residingwithout the U.S and all O duty shalb be levied. collected and paid annually upon the interest or dividends accruing upon investments within the U.S., or upon bonds or other securities of the U.S or ofcorporations, or citizens thereof and the duty herein provided for shall be assesse d. collected and paid a on the gains profits, and in eoincfor the year oning the 31stday of December next preceding the time for levying. collecting and paying said duty.
Mr. MORRILL. I oppose the amendment of the Gentfrom Illinois, [Mr. Ross] The only question which is really before the committee is whether we had better forego this tax or some other. I am as ready as the Gentfrom Illinois to admit that the men who receive 2 or 300,000 dollars income can afford to pay an increased tax, but that is not the question here. The question is, can we afford to take it in this manner? The principle that we apply must be a just one, and living in a RFG as we do, I cannot see on what principlo the tax proposed by the Gentfrom ll ine is [Mr. Ross] or the Gentfrom Maine [Mr. Iiics] can be justified. The example cited by my friendfrom Maine of England, which levies atax of this kind, is no argument for us. There they have different classes. They have a titled class and distinctions of rank, and those classes ought to be made to pay for their titles. In this country we neither create nor tolerate any distinction of rank, race, or color, and should not tolerate anything else than entire equality in our taxation. So, then, I think the proposition cannot be justified upon any sound principle of morals. It can only be defened on the same ground that the liighwayman de fends his acts. It is saying to the man of wealth, “You have got the money and we will take it because we can make a better use of it than you will.I and then it tends to create a great amount of fraud and false swearing. A man who is taxed only as high as his neighbor upon the amount he possesses is willing to pay his tax. Go beyond that and he believes imself to have been wronged and he will retaliate. But do you come to a man who owns 500 sheep and say to him that he shall pay more than twice as much on his shoe i as the man who has but. 250? No. Do you go to the man who owns 200 acres of land and say that he shall pay twice as much tax or acre as the man who has only 100 acres? No. I say, then, that in a RFG we cannotjustify this inequality of taxation.
Mr. SPALDING. May I ask to what tax the gentleman is now referring?
Mr. MORRILL. I am discussing the proposition that when the amount of income exceeds $5,000, a tax of 10%., instead of 5, shall beim osed. "i “ 4
Mr. SPALDING. May I ask the gentlema what the law is now?
Mr. MORRILIi. The gentleman will have an opportunity to argue the question. I do not desire to discuss the matter in the form of n.colloquy. the question arises here toda, as I believe, whet or this tax can be fair y justified on principle. If other gentlemen are persuade. as believe a majority of the House are ersuaded, that it is just, I am not. But ifgent omen should reach the conclusion that it is justifiable upon principle, then the question arises whether this tax is one we ought to surrender or some other. I think, Mr. Chairman, that if gentlemen will look at the matter fairly, they will see that this is not such a tax as can be justified here and now with us, nor such as we can afford to incorporate permanently into our statutes.
The CHAIRMAN. No debate is in order, there being an amendment to an amendment pending. The gentleman, however, can move to amend the text of the bill.
Mr. SLOAN. I move proforma to amend the amendment of the Gentfrom Ohio [Mr. Srsumxo] by strikin out the word “four” and inserting the wor “ 3. ”
Mr. SIALDING. Will the Gentfrom Wisconsin [Mr. SLOAN] yield to me a moment for the purpose of modifying my amendment?
Mr. SLOAN. I prefer not. to yield now, as I have but 5 minutes. Iwas surprised to l hear the chairman of the ComWays, and Means [Mr. Monmtm] indulge in such 1 strong expressions as he used. He says that P the proposed change in this tax could not be 1 defended upon principle, and that itamonnted to a robbery otpa certain designated class of people. Now, I suppose if a perfectly just system of taxation could bedevised and put in force, every man would be taxed just in I proortion to his ability to pay the tax; not pertaps in proportion to the amount of property he may have or whathe may produce, but in proportion to his ability to pay his tax; in proportion to the excess whith he has left after meeting all the legitimate demands upon him. Now, throughout the consideration of this bill the chairman of the ComWays&Means has resisted strenuously all propositions to relieve from taxation man articles the tax upon which is oppressive an burdensome to the industry of the country. The tax upon those articles tends to depress and check the business and enterprise of the country. Here is a tax where we allow a liberal income of $5.000 to be taxed at the common rate to which all are liable. On the excess beyond that amount a higher rate of tax is imposed.
Mr. HALE. I rise toa point of order. My point of order is that debate is exhausted upon the amendment moved by the Gentfrom Illinois [Mr. Boss] to the amendment moved by the Gentfrom Maine, [Mr. PIKE] and that the subsequent amcudment of the Gentfrom Ohio [Mr. SPALDING] is therefore out of order.
The CHAIRMAN. The amendment of the Gentfrom Ohio [Mr. Sraunxo] is an amendment to the text proposed to be stricken out by the amendment of the Gentfrom Maine, [Mr. PIKE] and therefore it takes precedence of the amendment proposed by the Gentfrom Illinois. [Mr. Ross]
Mr. HALE. I would ask the Chairman how many amendments are now pending before the committee.
The CHAIRMAN. The Chair understands the amendment of the Gentfrom Maine [Mr. PIKE] to be to strike out a portion of the original text. The Gentfrom Illinois [Mr. Ross] moves an amendment to the amendment of the Gentfrom Maine. Pending those amendments, the Gentfrom Ohio [Mr. SPALnixo] proposes to amend the matter proposed to be stricken out by the amendment of the Gentfrom Maine. That amendment takes precedence of the other amendments, as being for the purpose of perfecting the text proposed to be strihlien out and the amendment of the Gentfrom Ohio is itself open to an amendment which has been proposed b the Gentfrom Wisconsin, [Mr. Emma] Titus 4 amendments can be pending at the same time: an amendment to strike out and insert) and an amendment to that amendment; an amendment to amend the matter proposed i to be stricken out, and an amendmentto amendment.,
Mr. SLOAN. The main objection urged to the exemption of articles from taxation, or to the reduction of the tax heretofore laid it you those articles, has been that it would reace the revenue to a point. lower than it would be, wiso or proper to reduce it. Now I find thatin this article of income alone there are involved $17,000,000 of revenue, an amount which l suppose will cover 3 or 4 times over all the taxes which have been lost by the amendments which the committee have made in exempting from taxation or reducing the tax upon those articles of prime necessity in common use in the industry of the country and in a year or twoall of them can be relieved from that tax. There are many items in this hill where relief can be afforded more justly and more equitably and more in accordance with the interests of the whole country, than by the change proposed by the committee.
Mr. MORRHLL. I desire to say that I feel no particular interest in this question, or as to how it shall be disposed of. Perhaps I may have expressed myself a little too strongly. I did not intend to take any part in debating this question, but to let the House take its owricourse. I only wish to keep myselfright on the record. I have been from the 1st Opposed to the principle of the tax. Our urgent necessities during the war having ceased, I think we ought to reieve ourselves at the earliest moment from such a tax. The particular effect of it is to harass men of great enterprise in the countryf I do not see how gentlemen, after they have accumulated a certain amount of property, will be willing to continue their a ventures thereafter for fear of becoming subject to the tax. It will have the effect, too, of creating absenteeism. When men have acquired a large fortune they will be very apt to go elsewhere to expend it. That is all I have to say on that omt. not 0
Mr. SLOAN, by unanimous consent, with drew his amendment.
Mr. DAVIS. I oppose the amendment, and I do it for the puruse of saying that I believe the action of this House would be very unwise if we discriminate on the subject of tax on in comes. If there is any principle settled in our Government it is that of uniform privileges. It runs through the Federal Constitution and it runs through every State constitution. and, air, but for the exigencies the war imposed upon us I do not think we would at the last Congress have departed from that system. The capital of this count should be protected. It should be invited to investments of enterprise and industry. If we discriminate against capital we interpose obstacles to business. because if men are successful we tax them unfairly and unjustly. Why should a man, on the principle which is advocated here, who owns a farm of 500 acres, not be taxed 5 times as much peracre as the man who owns a farm of 50 acres? Thatistheprinciplethatisinvolvedliere. You discriminate in consequence of the amount of proicrty which a man holds. You take away from the accumulation of industry that which would gointo capital except for the interference of the Government. You turn that portion of the capital over to the coffers of the Government. You thus derange and decrease the business of the country. I hope the amendment will not be adopted.
Mr. PAINE. I withdraw the amendment to the amendment.
Mr. MORRILL. I will answer the gentleman, although if he had noticed what have said heretofore he would have already known what the answer is. As I said to the Gentfrom Wisconsin, [Mr. PAIXE] we conceived that there was an inability on the part of a person with a small income, and who has a family to support, to pay any income tax. He must 1st support his family, and therefore we exempt $1,000 for every man or family. That, I think, is a sufficient reason. The other point which the Gentfrom Wisconsin alluded to, I think is “point no point” that in reference to the exemption among men nfacturers to the amount of $1,000. The part, it will be remembered, has to sell his goo sin the same market with all the rest. of the country; and he gets the same rice for those goods; and whatever is exemptedhs really a bonus given to the parties, on the same principle that we except $1,000 ofincome because of the inability of those small manufacturers to uy the tax. The Gentfrom Maine [Mr. gins] alluded to the fact that the income tax in England is not assessed in proportion to rank or title. Does not the gentleman know that the titled aristocracy of England own nearly all the land of England? I do not remember the precise number of landowners there, but I think it is not beyond 30,000 in the entire kingdom; and it is from this source, from rents, that the largest incomes are the e derived. If the gentleman had investi go the subject he would have ascertained, also, that while formerly they had different rates of income tax in England, the present law is a uniform law, imposing the some tax upon all incomes.
Mr. PIKE. I withdraw my amendment to the amendment.
Mr. MORRILL. I move that the committee rise for the purpose of closing debate. The motion was agreed to. So the committee rose and the Speaker having resumed the chair, Mr. DAWES reported that the ComWhole on the state of the Union had had under consideration the Union generally, and urticularly the special order, being bill of the House No. 513, 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, ” 9. proved June 30, 1864, and acts amendatory t creof, and had come to no resolution thereon. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that they had examined and found truly enrolled a bill of the following title; when the Speaker signed the same: An act (H.R.No. 453) for the relief of cornelius B. Gold. late acting asst paymaster U.S. Navy. STATE LAWS CONCERNING FREEDMEN.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep: In answer to a resolution of the House. of the 27th ultimo, reqnesting a collation of the provisions in relation to freedmen contained in the amended constitutions of the southern States, and in the laws of those States passed since the suppression of the rebellion, I transmit a report from the SecyState, to whom the resolution was referred. AndrewJohnson. WASHINGTON, D. 0., May 22, 1866. The message, with the accompanying documents, was referred to the JtComReconstruction, and ordere to be printed. CLERKS 1N TREASURY DEPT.
The SPEAKER also laid before the House the following message from the POTUS: To the HoRep: I transmit herewith a report from the SecyTreasury, made in compliance with a resolution of the HoRep, of the 7th instant, asking for information in respect to clerks employed in the several Executive Depts of the Government. AndrewJohnson. WASHINGTOX, D. 0., May 22, 1806. The message and accompanying document were referred to the select committee on the civil service of the U.S., and ordered to be printed. ctosn or DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order terminate in 1/2 minute after the committee shall resume the consideration of the subject. The motion was agreed to. TAX BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itself into the Comniittce of the l hole on the state of the Union on the special order. The motion was agreed to. So the ruleswere suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order. being a bill of the House (N o. 6131 to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved one 80, 1804, and acts amen atory thereof. The pending question was upon the amendment of Mr. Smumse.
Mr. SPALDING. I will withdraw my amendment, as I mistook the scope of the amendment proposed by the Gentfrom Maine, [Mr. PIKE greatly prefer his amendment to my own, as he proposes to leave the law as it now stands, witi the single change of exempting $1,000 instead of $600. The question recurred upon the amendment of Mr. loss to the amendment of Mr. PIKE. The amendment of Mr. Ross was as follows: Insert after the words “a duty of 5%. on the excessover $1,000"the following: and not exceeding$10,000, and a duty of 10%. perunnumon the excessover 510.000 and not exceeding $20,000a; nd a duty offiftcon%. perniinuin on the excessover 520.000 and not exceeding 840.000, and a duty of 20%. per annum on the excessover 840.000and not exceeding $00,000: and a duty of 25%. perannum on the excessover 800.000. The amendment was not agreed to. The question recurred upon the amendment of Mr. PIKE, which was as follows: Strike out all after the words “ U.S. " where they 1st occur in the paragraph and insert in lieu thereof the following: Or of any citizon of the U.S. residing abroad, whether derived from an kind of property, rents. interests dividends or so aries or roni any profession. trade. employment or vocation carried on in the U.S or elsewhere or from any other source whatever. nduty of 5%. on the amount so derived over 81.000and not exceeding $5.000, and a duty of ten or cent. on the amount exccedinrr $3.000, and a Ii O duty shall be levied, collected and paid upon the gains, profits and in comeof every business.trade or profession carried on in the U.S. by persons residing without the U.S and not citizens thereof.
Mr. JENCKES. I move to amend the amendment by striking out the last clause, as follows: and a like duty shall be lcvied.collected and paid annually upon the gains.profits and incomeof every business.trade or profession carried on in the U.S. by persons residing without the U.S and not citizens thereof. The amendment to the amendment was not agreed to. On agreeing to the amendment of Mr. PIKE, there were ayes 61, noes 34. Mr. HALE called for tellers. Tellers were ordered; and Messrs. HALE and PIKE were appointed. The committee divided; and the tellers reported ayes 67, noes 42. So the amendment was agreed to.
Mr. ANCONA. I move to amend by adding at the end of the paragraph the followmg: Provided. That the amount. 81.000.oxempt from the duty of 5%. bythis section shall beheld to take effect upon the assessmentnsow being made and to be collectedupon incomesfor the year ending December 31.1805.
Mr. MORRILL. This cannot be carried out. The assessment has already been made. On agreeing to the amendment, there were cs 12. noes 65; no quorum voting.
The CHAIRMAN, under the rule, ordered tellers; and appointed Messrs. Ase oss and MonsiLL. The committee divided; and the tellers reported ayes 14, noes 79. So the amendment was not agreed to.
Mr. BERGEN. I move to amend by adding at the end of the paragraph the following: No passportshall be issued from the State Dept or by any minister. charge or consul. to any personunless he produces the receipt for all income taxes imposed on him from 1862to the date of his application, nor shall any passport be renewed or viseed by any minister. charge. or consul abroad. unless the sameconditions becomplied With. The amendment was not agreed to; there being ayes 14, noes not counted.
Mr. ROSS. I move to amend by inserting at the end of the amendment last adopted the following: and aduty of 15 %. perannum on the excessover$00. The amendment was not agreed to.
Mr. HUBBARD, of NewYork. Imove to amend by inserting after the word “ thereof" in line 2475 the following: Provided. That every pprson. n otb cin a house holder. nor havinia family residing in the U.S shall pay the aforesaid duty or tax upon the excessover The amendment was not agreed to.
Mr. ANCONA. I move to amend by adding at the end of the paragraph the following: Provided. That on all incomes derived from labor and fixed salaries the amountsolevied and collected shall not exceed3%. The amendment was not agreed to.
Mr. MORRILH. Mr. Chairman, on the face of the gentlemans proposition it seems to be somewhat fair. but the difficulties of carrying it into effect, if passed, are almost insuperable. In the 1st place, there are few people who own bank stock to the amount of $1.000 who do not own something else. If any injustice be done by the provision in the bill, it Will then only be in a very small number of cases. If we inserted the amendment into the law, it would give an opportunity to a great many readjustments, and it would lead to so many difficulties that I hope it will not be adopte The amendment was rejected.
Mr. THAYER. I move after the word favor” in line 2534 to strike out to the end of the sentence, as follows: and that no deductionshall be allowed in favor of personsdescribedas “ trustees" under existing laws. Mr. Chairman, I move this amendment for the purpose of enabling me to ask some Gentleman on the ComWays&Means to explain what this means. I want the Gentlemen of the committee to explain what this provision means which excludes trustees from the privilege of making in favor of the cestui que trust the deductions others are entitled to make by law. I will yield to the Gentfrom Massachusetts to explain it.
Mr. MORltILL. I wilFsay to the Gentfrom Pennsylvania that that was introduced at the request of the ComrIntRev, who assigned a very good reason for it, but which has ese aped my attention at the present time.
Mr. THAYER. I mustinsist on my amendment, as I have no idea of “going it blind” on the statement of an person.
Mr. HALE. hat does the gentleman mean by “going it blind?” It is a thing strange to me.
Mr. THAYER. It is one of the expressions of the day, and means voting for a thing on the say so of some other person when you do not know who the person is or what he says. [Laughter.]
Mr. HOOPERof Massachusetts. I have no recollection of the provision or that it was adopted in committee.
Mr. MORRILL. It may be a properprovision as I understand it, without remembering the explanation furnished by the ComrIntRev. The guardian of the estate should ay the amount due without any deduction. K trustee should not get a deduction on his own account and on account of his trust also.
Mr. THAYER. Of course not. That is not the point affected by these words. The paragrap specifies that guardians shall make these deductions in favor of their wards, and then it says trustees shall not make these de ductions. It says trustees under a deed, marriage settlement, or in any other way, shall not.make these deductions. I ask the reason for it.
Mr. STEVENS. It is unreasonable, and there is no reason for it. [Laughter] The amendment was agreed to.
Mr. HUBBARD, of Connecticut. the following amendment: On p e 110.line 2523 rider the word "repairs." add: and ordinary expenseswhen absent from home relative to matters connected with the business, trade, or profession of such person. Mr. Chairman, I offer this amendment at the request of my friendfrom Pennsylvania, [Mr. Miiitn.] If he were here he would doubtless explain the object of it much better than I can. I think it is in harmony with this part of the bill as proposed by the ComWays&Means. It is well known that persons engaged in business are compelled to go abroad to promote the interests of the business in which they are engaged. A merchant, for instance, oes from home to purchase his goods. The judges of the court in my State are compelled to travel from countyto county, and receive 82.000, out of which they are compelled to pay $500 and more for travelin expenses. I think this deduction should be allowed. The amendment was rejected.
Mr. MQRRILL. I move, in line 2547 after the word “except” to insert the wor s “that portion I move The amendment was agreed to.
Mr. WILSON, of Iowa. I move, before the word “ loss, " in line 2517, to insert these words: Loss actually sustained during the ycar arising 0m fire. shipwreck, or incurred in trade or debts ascertained t9 be worthless. but excluding all estimateddepreciationof values and I I other this for the purpose of determining what loss maybe deducted in addition to those now specific by the law. Last year it was held by the Commissioner that no loss should be deducted from the income which was not incurred in some busineSs out of which the party derived a profit, and where the loss incurred overbalanced the amount of profit. Now, I propose to extend that so that all losses from the causesmentioned, either by fire or shipwreck, or incurred in trade, shall be deducted from the income. I think there can be no objection to it, and I believe the ComWays&Means concur in the pripriety of the amendment. e amendment was agreed to.
Mr. DAVIS. I move to amend by inserting after line 2536the following: Provide (1T. hat any gains and profits of any company, association or partnership which shall be returned und the tax thereon paid before the same shall be divided shall to the nmount on which such tax has been paid be exempt from tax when after war divided.
Mr. HOOPER, of Massachusetts. I believe that is already provided for in the bill.
Mr. DAVIS. I do not find any such provision in it. The amendment was not agreed to.
Mr. BERGEN. I move to amend by striking out the words “labor or” in line 2519, and by inserting after the word “ interest” the words “and the actual cost of labor;" so that the clause will read: the umount aotually paid for interestand the aotual costoflabor by any person who rents lands, or hires labor to cultivate land or who conducts any other businessfrom which income is actually derived. The object of the amendment is this: as it now stan s the farmer hiring men who board themselves charges their entire wa es in his income account, while his neighborw O boards his own men and pays them ten dollars a month can charge but the ten dollars in his account. There should be an equalit about it. The actual cost of the labor should be put in the bill in such a shape that the board might be reck oned in the one case as well as the other. The amendment was not agreed to.
Mr. HALE. I move to amend by inserting after the word“ purchased” in line 2486the words “within the year or;” so as to make it grammatical, as follows: I Profits realized within the year from salesof real estatepurchasedwithin the y carorWithin 2 years preyegusto the year for which the income is estima.
Mr. MORRILL. No objection to that. The amendment was agreed to.
Mr. HALE. I now move to insert afterthe word “ family” in line 2533 the words “ an have joint property interests;” so that it will read: Except that in casewhere 2 or more words are comprised in one family and have Joint property } nterests only one deduction shall be made in their avor. This proviso in the case of wards as it now stands seems to be ambiguous. “Except that in case where 2 or more wards are comprised in one family.” That means, I suppose, simply a residence with their guardian as a part of one family. I presume it is only intended to cover the case of those so connected by relationship or by community of property that they won d constitute what would e considered as one family for the purpose of taxation only, and that I think is properly reached by the amendment I propose. Not that their property shall be necessarily all joint property, at if ey have any joint property interests and are members of one family they shall have exemption. On the other hand, if they have no joint property interest they should be treated as individuals. The amendment was agreed to.
Mr. JENCKES. I move an amendment in order to meet a point not covered by the amendment of the Gentfrom Iowa, [Mr. WiLSON] to insert in line 2518, after the words “two years, ” the words “or upon sales of other property, ” so that the clause will read: Losseson salesof real estate within the year purchasedwithin 2 yearsor upon salesof other property purchasedmore than 2 years previous to the your for which income is estimated. The amendment alread adopted excludes estimated depreciation O property, but does not cover actual losses from the sale of property purchased to be held as investments, or of which the title is derived in some other way more than 2 ears previous.
Mr. GARFI LD. That would never do. It would allow a purchase 20 years ago to come in.
Mr. JENCKES. Not at all. The amendment was not agreed to.
Mr. BIDWELL. I move to insert after the word “estimated, ” in line 2519, as follows: But the term real estateas herein usedshall not be deemedto include mining stocks or minin olai s where the paramounttitle of the lands on wht. c minesor claims are situated is in the U.S.
Mr. WILSON, of Iowa. It seems to me the gentleman is notaccomplishing what he desires. his is a deduction. ii suppose he does not desire that mining stock shall not be included in the deduction.
Mr. BIDWELL. My object is to prevent men from deducting losses incurred in mining claims and mining stocks, calling it real estate.
Mr. GARFIELD. The language of the nmendmentis“miningstocksorminin claims where the paramount title of the lands is in the U.S. " As a matter of course they would not be considered real estate. Mining stock never was considered real estate. The terms are so vague and indefinite that I think we ought not to incorporate them in the law ccrthinly not “ mining stock."
Mr. BIDWELL. If I am correctly informed, there is a large number of persons who are escaping the payment of just taxes by saying that their losses in minings ould be deducted from their sales of real estate. It is for the purpose of saving to the Government the revenue that is its just due that I want this put in.
Mr. GARFIELD. The purpose of the Gentleman is all right, but I think we ought not to use so indefinite a term.
Mr. BIDWELL. I am willing to let it be passed by for further consideration. The amendment was not agreed to.
Mr. DODGE. I move to insert after the word “ estimated, ” in line 2519, the following: Provided, That money received for leasesof coal, ore, or limestonelands which exhaust the freehold shall be timed assalesand not as income. The object of the amendment is this: there are large quantities of lands in the State of Pennsylvania, and in other States, that are leased on a royalty, coal lands, for instance, for a period often or 15 years, the lessees aying ten, 12, or 15 cents for the coal in the ground, and in the course of ten or 15 years the entire amount of coal is exhausted and the land is worthless. This amount received from year to year is notinconie but it is the proceeds of the freehold. I tis the property itself. In ten years when the coal is exhauste the land in the mountains becomes worthless. It is the habit of the assessors to collect from the farmers and others who have leased these lands the amount they have received for the property. It is the very life blood of the property that is taken. They reckon that as income. At the expiration of the ten years there is no income left, and the owner has 2 or 300 acres of land rendered valuelcss because of the excavation below, or because it was of no value except on account of the mineral that was there.
Mr. MORRILL. I trust the amendment will not be adopted, either in substance or in form. It will be seen if it is inserted that it will make nonsense of the rest of the paragraph. But it ought not to be inserted even upon its merits. There are many similar cases. ake the farmer who raises tobacco. We may say he sells his land, because if he continues to cultivate to bacco on the same land from year to year in 4 years the land is worthless unless it is recuperated by putting on an amount of manure that would be equal to the value of the land. Take the case of timber. If aman sells timber from his land he often sells elf all the value there is in the land. Now, if we go into this question we shall be compelled to go much for or than the gentleman proposes. Therefore I think we had better not a opt it. The amendment was not agreed to.
Mr. DAVIS. I move to add at the end of the paragraph this additional proviso: and prorillrrl further. That any gains and profits of any company. association or partnership which shall c returned and the tax theroonpaid beforethe sameshall bediVided, shall to the amount on which such tax has been paid be exemptfrom tax when afterwardsdivided. lwas told that that provision was already made in the bill. Ifiiid that the provision alluded to does not cover the intI had in mind at all. the provision in t ie bill is this: and thoshare of any personof the gains and profits O all companies, whether incorporated or partner ip. who would be entitled to the same.if divided. whether divided or otherwise.except the amount of income received from institutions or corporations. whose officers as required by law. withhold a perwant. of the dividends mode by such institutions and pay the same to the ComrIntRev or other officer authorized to receive the same. There are many cases where the corporation cannot divide it up. But by this provrson the individual stockholder is required to return the undivided profits of the company or asso ciation, and when he returns that it is considered as a part of his income and taxed, and afterward when the company or association makes the dividend the company or association must pay the tax. Now, if we would do justice and prevent the payment of the tax twice over, it seems to me the amendment I have offered should be adopted.
Mr. HOOPER, of Massachusetts. If I understand the amendment of the Gentfrom NewYork [Illa DAVIS] I can see no necessity for it. No cororation makes arctuin; only persons are caled upon to make returns. think his amendment would only obstruct the O oration of the law, and I hope it will not be O ted. l c amendment of Mr. DAVIS was rejected.
Mr. MORRILL. I move to insert a provision that was omitted by mistake. It is the provision of the present aw, with the change to $1,000 from $600. I move, to add to the paragraph the following: lryAnd provided further. That in caseswhere thesal or other compensationpaid to an personin the ample out or service of the U.S shall not oxccc the rate of $1,00operapanm or shall be by {ess, or uncertain or irregular in the amount or the imo during which the same shall have accrued or been earned.suchyalnry or othercompensationshall beincluded in estimating the annual gains. routs or incomeof the personto whom the sanie sha lhave been paid in such manner as the ComIntRev under the direction of the SecyTreasury. may prescribe. The amendment was agreed to.
Mr. HALE. l more to amend the para graph by inserting after the words “and in case any person, guardian, or trustee shall neglect or refuse to make and render such list or return, or shall render a false or fraudulent list or return, it shall be the duty of the us sessor or the asst assessor, ” the followmg: Afternotice to the party so neglectingor refusing or making or rendering such false or fraudulent return and after a reasonable hearing being allorded to such party. The hour of half past 4 oclock having arrived, the Speaker resumed the chair, and the House took a recess until half past 7 oclock p. m. EVENING SESSION. The House reassembled at half past. 7 oclock p. m. TAX BILL.
Mr. GARFIELD moved 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 itselfiuto the ComWhole on the state of the Union, (Mr. Dawns in the chair.) and resumed the consideration of the special order, being a billof the House (No. 613) to amend an not 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 pendin question was upon the amend m“ ent of Mr. ALE, to insert after the words and in case any person, guardian, or trustee shall neglect or refuse to make and render such list or return, or shall render a false or fraudulent list or return, it shall be the duty of the assessor or asst assessor, ” the following: After notice to the party so neglecting or refusing, or making or rendering such false or fraudulent return and after a reasonable hearing bein: affordad to such party.
The CHAIRMAN. The gentlemans time has expired.
Mr. ALE. For the purpose of concluding what I desire to say, 1p move to amend the amendment by striking out the last word. Now, sir, I do not believe that such a construction of this iaragraph was contemplated by the framers of the law. I doubt ifthat be the fair construction of the paragraph as it stands. If that be the proper construction of the para graph, I certainly have no doubt that it is in viaation of every principle of law, and it is, I believe, an unconstitutional provision. Itherefore wish that this section and the 14th section, both upon the same general subject and both seeking to attain the same genera end, shall be so modified 11sto provide for a proper hearing, and a properexamination, 0t in the case where a person neglects to make a return, and where a person is charged with making a false return, and that in this latter case the question may be brought before a competent tribunal which shall have power, accor in to the Constitution, and according to settle principles of law, to impose the pen alt which the law seeks to impose. a conformity, therefore, to the Bug estions which have been made by other members of the ComWhole. including some members of the ComWays&Means, I will, if it be acceptable to the committee, Withdraw my aineudment, with t)ie understanding that this paragraph shall pass over for further consideration in connection with the 14th section, which has already been passed. I trust that a carefully prepared and propersubstitute may be found both for this para mph and for that so that the objections which have pointed out may be obviated.
The CHAIRMAN. Is there any objection to the understanding that this paragraph shall be reserved for action hereafter?
Mr. ALLISON. I will not object, if it be understood that it shall be open to amendment with reference only to the points presented by the Gentfrom Newlork, [Mr. HAM2.]
Mr. HALE. I desire that it should be amended purely with reference to the machin cry of the act the manner of making returns and imosing penalties. The HAl illIAN. If there be no objection, such will be the understanding. There was no objection.
The Clerk read as follows:, That section 119 be amended by strikin out all after the enacting clause and inserting indieu then of the following: that the duties on incomesherein imposedshall be levied on the 1st day of May and be due and payableon or before the Nth day of Juno. in each year, until and including the year 1870a.nd no longer; and to anysumor sums annually due and unpaid allor the 30th of June. as aforesaid and for ten do 5after notice and demand thereof by the collector t areshall belevied in addition thereto the sum of 10%. on the amount of dutiesunpaid, asa penalty. exceptfrom the estates of deccased and insolvent persons.
Mr. GARFIELD. With the consent of the committee, I desire to olier an amendment to the previous arngraph.
The CHAIRMAN. The Chair bears no objection.
Mr. GARFIELD. I move to amend by inserting at the end of line 2596the following: Provided further. That the list of incomes in the 0500 of the assessorand colloctor shall beopen to the ins action of the public: but neither the assessor nor collector shall furnish such list or any portion thereof for publications nor permit the same to be copied for publication. Mr. Chairman, one feature of the internalrevenue law which has made it very odious indeed in many parts of the country, and perhaps justly so, is that provision under which the business of every man has been dragged into public view through the newspapers. This has very much disturbed the relations of business inen toward each other. It has subjected mens affairs to what no man would willingly consent to. We all know that the reason why in the present law facilities were afforded for the publication of these lists was the apprehension that there might otherwise be in many cases a failure to make the properreturn of income. But, sir, it is believed that the same object can be secured by providing that these lists shall be open to the inspection of the public, so that any man who desires to ascertain what income return his neighbor has mode can have access to the list, but that the list shall not be furnished systematically for publication, and be paraded in the press simply to gratify public curiosity.
Mr. PRICE. Mr. Chairman, I am inclined to the opinion that the amendment ought not to pass, and for the very good reason that in my mind the publication of the amount given in by persons upon which they pay income tax has been increased from the fact that they knew it would be published. If a man makes a fair and honest return he has no objection to its being made known. If he does not make a fair and honest return then everybody ought to know it. It is different in allowing it to be published in the news pers and in allowing men to go and see it. Ill; one man in 500 will go into thdoffice to see what the returns are. It will be poking his nose into every mans business. If it is in the newspapers every man will see it. Men will put in a larger income if they know it is to e published in the newspapers. An honest man has no objection to the world seeing what he does. A dishonest man may not want his return to be made public.
Mr. GARFIELD. I move to strike out the last word. Mr. Chairman, the Gentfrom Iowa is mistaken when he says an honest man has no objection to the public understanding about his private affairs. Suppose a man has had serious losses during the year, so that his income would be smaller than people expect it to be. Now, he would not want. to let that be known so as to alarm his creditors and bring them all down upon him when otherwise he would come out safely. There is no reason in the world, unless the public interests require, that the private a airs of individuals should be brought out and paraded in the public papers. I admit that some sort of publicity is necessary to act as a pressuretipon men to bring out their full incomes, but if the lists are left open for public inspection it will be an ample pressure upon them. I do not agree with the Gentfrom Iowa that not one in 500 would go to look at the lists. I know they do go now. If a man comes up to the county seat he is sure to inquire what is the income of his neighbors. I In! satisfied it is all the publicity necessary to effect the purpose without having the offensive feature. Iain desirousof mnking the laws as cllicient as possible without making them odi ous. I believe the feature I am now discussing is unnecessarily odious. I think my auiendment will take awn that odious feature. I withdraw the amendment to the amendment.
Mr. HALE. I move to strike out the last word, simply to say in response to the Gentfrom Iowa, [Mr. PRICE] who thinks no honest man can have any objection to his affairs being published to the world, it strikes me there are 2 classes of honest men who may have objection to the publication in the newspatpers of their incomes: the one class being ose who have large incomes and the other those who have not. [Laughter.]
Mr. PRICE. I trust the committce will observe the argument used for the purpose of keeping this information out of the papers. The 1st class, those who have large incomes, the gentleman says will object to have them published inst he papers. O does not say why the will object. We have only his ipse dizit. Idesnys the other class who have small incomes will object to it; he does not tell us wh. It is a matter of opinion. IYhe Gentfrom Ohio [Mr. GARFIELD] says a man who is in a failing business does not want the world to know it. If he is in a failing condition his creditors will know it without publication in the papers. But that is an extreme case, and when the gentleman has to resort to that sort of argument to bolster up his amendment he has a bad case. Ifyou pass the amendment you will lose millions of dollars on that one item. I repeat, that an honest man has no objection to the world seeing his affairs at any time. If he is in a bad condiLion he has only to make the best of it. If the man is dishonest the world should know it.
Mr. HALE, by unanimous consent, withdrew his amendment to the amendment.
Mr. MORRILL. There are just 2 policies to be adopted in this matter: one is to provide that these lists shall not be published in the newspapers; the other is to allow them to be so published. If the amendment of the Gentfrom Pennsylvania [Mr. Seorisip] prevails, of course these lists are to be published as they have been hitherto. Itink there have been few instances, when the have been heretofore published, that the collector or the assessor has been at the trouble and labor of furnishing a copy of the list. But the officer has permitted the newspaperreporter to take a copy. I must say that I feel some what indifferent in regard to this subject. But the argument ii on the question has not been fully stated. lliere is no question that the publication of these lists has a tendency to increase the revenue. But is is an inconven ience, and causes a great deal of complaint, not only among the wealthy, but among those who have moderate incomes. If a man has been doing a disastrous business, either in a mer cantile or a manufacturing line of business, he does not quite like to have the fact immediately published to the world. If, on the comtrnry, he has been doing a very prosperous business, he does not like to have that fact published, because it might lead to serious competition. Now, if we are to have any change at all, it should go at least as far as the amendment proposed by the Gentfrom Ohio, [Mr. GARFIELD] If we are to have no change, then we can vote down the amendment of the Gentfrom Ohio or adopt the amendment proposed to that amendment by the Gentfrom Pennsylvania, [Mr. Scotunto] The question was upon the amendment to the amendment, to strike out the words “nor permit the same to be copied for publication.” The amendment to the amendment was not agreed to. The question recurred on Mr. Gmiinnns amendment.
Mr. SPALDING. Is it in order to move to amend the amendment by striking out “neither” and “nor” and inserting “either” and “or” in lieu thereof?
Mr. SPALDING. Then I make that motion. The amendment to the amendment was not agreed to.
Mr. SLOAN. I mere to amend by inserting the words “ but shall not prevent the same from being copied for publication." The question was put; and there were ayes 30. noes 45; no quorum voting.
Mr. SLOAN. I withdraw the amendment to the amendment. The question recurred on Mr. Gmnsws amendment. Tellers were ordered; and Messrs. GARFIELD and SPALmm were appointed. The committee divided; and the tellers reported ayes 56, noes not counted. So the amendment was agreed to.
Mr. BERGEN. I move to insert at the end of the paragraph the following: Nopmgort shall be issued from the State Dept or y any minister. charge, or consul, to any person unless he produces the receipt or other culli ciont proof thereof for the payment of all in me taxes imposedupon him from1862to the data of his application. Nor sl lallnnypassport be renewed or viseed by any minister, charge or consul abrold, unless the samecondition be complied with.
Mr. MOIlltILL. I make the point of order that that amendment has once been offered and voted down. Mr. BERGEN. this section.
Mr. MORRILL. I would say to the gentleman that his amendment is entirely imracticable, because 1/2 of the people O not have any income at all.
The CHAIRMAN. The Chair overrules the point of order. The amendment is now offered to another section of the bill.
Mr. BERGEN. The object of this section is to catch dodgers. [Laughter] I hold that every American citizen oughtto ay his fair share toward the support of the government. Now, many go to Europe and remain there to evade paying their share of the expenses of the Government. They claim the protection of the Government while they are there. When they are comelled to travel from place to place they cal upon our ministers and other agents for passports. They then ask the assistance of our Government. The only way that I can see in which we can catch these parties and make them pay their share of our taxation is to refuse them passports until they have paid their share of our taxes. If my amendment would not reach such parties, I hope some member of the committee who is more conver sant with the matter than I am will so amend it as to put the matter in such condition that the will e reached. Lt
Mr. MORRILL. I hardly think that we should gather any very great increase of revenue from the provision of the gentleman if it should be adopted, and I think it is wholly impracticable. A passport is not so essential in visiting foreign countries that every person needs one. I do not think that 1/2 of the persons going abroad stop to think of the necessity of taking a passport; and it will be noticed that this amendment applies to every one. Whether the party pays an income tax or not, he must show a receipt that he has paid one every year for the ast 4 years.
Mr. BERGEN. I call or tellers on my amendment. Tellers were not ordered. The amendment was disagreed to.
Mr.MORRILL. On page 114, inline 2608 8, fmove to strike out the word “and” and insert “or” thereof; so that it will read: and to an sum or sumsannually due and an aid afler the 30t of June. as aforesaid and for ten ays after notice and demand thereofby the collector there shall be levied in addition thereto the sum of 10%. on the amount of duties unpaid. as a penalty. Except from the estatesof deceasedor insoly out persons. The amendment was agreed to.
Mr. MORRILL. On pagelll), in line 2631, I move to strike out the word “and” and insert in lieu thereof the word “or.” The amendment was agreed to.
Mr. MORRILL. In line 2632, I move to strie out the w“ord “and” before “personsH and to insert or." The amendment was agreed to.
Mr. MORRILL. In line 2034, after the wor move to insert the word “the.”. The amendment was agree to.
Mr. MORRILL. At the end of the para graph I move to add the following additional 600 proviso: Provided/armor. That this sectionshall not apply to payments made to mechanics and laborers employedupon the public works. The amendment was agreed to.
Mr. GARFIELD. In line 2 648 I move to insert after the word “revenue” the words “or other officer authorized to receive the same.” The amendment was agreed to.
Mr. ANCONA. I move to amend the para graph by striking out all after the word “clause” in ine 2620 down to the end of the aragraph. The effect of the amendment would) be to so amend the law as it now stands as to strike out the section that requires the tax to be deducted from the pay of officers in the employment of the Government and give them the privilege of making the deductions that persons not in the employ of the Government are entitled to. I cannot see the propriety of making a discrimination against persons in the amp oy of the Government.
Mr. MORRILL. I am delighted to see the Gentfrom Pennsylvania showing such a indly disposition toward officeholders, butI trust we shall not adopt his motion. There is, perhaps, no class better able to pay this tax than the officeholders of the country. Until there is less ambition to accept of public station with all the duties and costs of office, I think we may very well retain this tax. The amendment was disagreed to.
Mr. WILSON, of Iowa. I wish to call the attention of the committee to an amendment which I think should be made in the para graph which we have just passed. On page 107 an amendment was made to insert the words “or saving s" after “provident.”
The CHAIRh AN. That amendment was rejected.
Mr. WILSON, of Iowa. I understood that it was adopted.
The CHAIRMAN. The Chair is informed that it was not.
Mr. MORRILL. With a view to make the provisions identical, I move to insert in line 2617, after the word “in, ” the words “provident institutions or.
Mr. THAYER. I ask the gentleman to insert the words “savings institutions” also.
Mr. MORRILL. That amendment was rejected when the other section was under consideration, and I must object to it.
Mr. THAYER. I would inquire if the amendment was not adopted on age 107. The Clerk states that occur ng to is recollection it was adopted.
The C AIRMAN. The Clerks state that the amendment was not adopted.
Mr. THAYER. It ought to have been adopted.
The CHAIRMAN. Is any motion made in reference to the matter?
Mr. THAYER. I will ask unanimous consent to move that those words be inserted. They will not alter, in any respect, the sense; they simply adopt a term by which these institutions are known in certain parts of the country.
The CHAIRMAN. Is there objection to the offering of such an amendment? There was no objection.
Mr. THAYER. I move, then, to amend by inse rtin after the word “ banks, ” in line 2442, the words “or savings institutions.” The amendment was agreed to.
Mr. WILSON, of Iowa. I move to amend by inserting the words “or savings institutions" afler the words “savings banks” in line 2617. The amendment was agreed to.
Mr. GARFIELD. I move to amend by striking out the word “duty, ” in line 2627, and inserting in lieu thereof the wor “taxz” also, by inserting after the word “dollars, ” in line 2628, the words “and a tax of 10%. on the excess above $5,000.” The amendment was agreed to.
Mr. BERGEN. I move to amend by adding at the end of the paragraph the following: It shall not be lawful for the State Dept or any minister. charge or consul. to issuea passportto any party. unlesshe producesreceipts or other satisfactoig evidenceof the payment of all incometaxes impose on him from 1863to the date of his apglication; nor shall any passportbe renewedor via edby any minister. charge, or consul abroad, unless the sameconditions are complied with. I think. Mr. Chairman, that if members of the House fully understand this matter they will determine that this proposition shon d, in some shape or other, he adopted, so thatpersons may not go abroad to avoid the payment of the income tax, but that all may e compelled to contribute their just share to the support of the Government. This is the object of the amendment. It seems to me obviously proper, and I hope it will be adepted. On agreeing to the amendment there were ayes 21, noes not counted. Mr. BERGEN called for tellers. Tellers were ordered; and Messrs. Banoax and Paics were appointed. The committee divided; and the tellers re ported ayes 31, noes not counted. So the amendment was not agreed to.
The Clerk read as follows: That section 124 be amendedby inserting after the words “dut or tax " where they 1st occur in said section the words “whenever the party interested in such legacy or distributive share O shall becomeentitle ot e assession or employment thereof or to the boneficia interest in the profits accruing therefrom, such duty or tax."
Mr. ALLISON. With a view of having a similar provision inserted in the next section. I move to amend by striking out this paragraph. The amendment was agreed to.
Mr. MORRILL. I am very much gratified to be able to aprove the proposition of the Gentfrom NewYork; but I am pained to inform him that he is simply proposing to reiinact the existing law. To satis y him on this point let me read from the commencement of section 124: That an person or persons having in charge or trust as ministrntors, executors, or trustees, any lesncicsor distributive sharesarisimzfrom personal property. where the whole amount of such personal property, asaforesaid, shall exceed the sum of $1,000 n actual value, the
Mr. HOLMES. The language there is where the whole amountof such personal property, as aforesaid, shall exceed the sum of$1,000, ” and under that provision there is no exemption where the amount of the whole estate exceeds. that sum. My amendment provides for an exemption to the amount of $1,000 for each child. The law, as it now is, exempts the estate where the aggregate amount before division does not exceed $1,000. If it exceeds that sum there is no exemption.
Mr. MORRILL. If that is the distinction which the gentleman makes 1 do not see any objection to the amendment.
Mr. HALE. I move to amend the amendment of my colleague [Mr. Honnss] by striking it out and inserting in lieu thereof the following: That section 124 be amended by striking thereof the words "lineal issueor;” also by inserting in the proviso, at the end of said section, after the words husbandor wife, " the words" orliucal issue.” The effect of this substitute is to abolish entirely the inheritance of legacy tax in the case of lineal dese endants. I conceive that this is the just and true policy. I do not believe that legacies in the line of lineal inheritance should be made the subject of taxation. I do not think that a tax of this sort is levied in the manner in which taxes ought to be levied so as to produce the least oppression. On the contrary, I believe that these taxes are felt to be more oppressive than all others. This substitute, if adopted, will leave subject to taxation all collateral inheritances and all legacies, except legacies to lineal dese endants, who will receive their legacies free from tax precisely as does the husband or wife of the eceased person.
Mr. MORRILL. I hope the amendment of the Gentfrom NewYork will not be adopted. The tax imposed upon lineal de se endants or ase endants is only 1%. There are many large estates where all the heirs, though liiical ese endants, are not more children but full grown men.
Mr. WILLIAMS.R. Chairman, I move to strike out the last word to make a remark or 2 on this subject. I agree entirely with the remarks of my learned friendfrom NewYork [Mr. HALE] in support of the amendment he has just offered. It seems to me the arvument made by my friendfrom NewYork, [Mr. Housed is applicable to the whole subject matter of this section and furnishes conclusive reason why it should not be adopted. I have been at a loss to understand why the catastrophe of death should be singled out as the opportune occasion for the exercise of the governmental power of taxation. I know the idea comes from the old feudal law, from the system of relief, one of the Oppressive a pond ages of that system, which rested upon teidea that the tenure of the individual was a tenure for life, and the fee was the ultimate property of the suzcrain, so thatwhen the ancestor diedit was necessary the estate should be “ lifted up ” again. Hence the word “relief, ” from the Latin relcvo. Gentlemen propose to reenact these oppress ive incidents of the feudal tenure. I do not know why it is we should avail ourselves of the most deplorable catastrophe which can occur to a family the loss of its head to strip the children and those who are helpless of the patrimony which would otherwise dese end to them. I suppose there is no case where the life of the founder of the family is not worth more to those who depend upon him for en art than the property he has, and where the amily would not exchange the one for the other. This is certainly not in accordance with the humane theory announced by the Gentfrom Vermont when he opened the chute. He said: “ If ahorse runs awaywith scan lags or a locomotive gets smashed.it seems oppressivefor the govgrnment to seize the opportunity of such misfortune ior levying a fresh tax. This is also taxing calamity. It is no more than reviving one of the oppressive append ages of the feudal ages. Here the hammer fell.]
Mr. BOUTWELL. If we exemptthe property of mine r children it is as far as we need go. The amendment to the amendment was rejected. Mr. Homrnss amendment was adopted.
Mr. HOLMES. I move to insert the words “personal property.” As it now reads it covers all kin s of property, real as well as personal. The amendment was agreed to.
The Clerk read as follows: That section 125 be amendedby inserting after the wprds “ U.S. in the 1st sentence of said section, the out from the 1st subdivision I Words, "and every administrator, executor, or trustee, having in charge or trust any legacy or distributive share. as soresaid, shall give notice thereot in writing to the assessoror asst as sessorof the district where the deceased.grantor or ba rirainerlast resided, Within 30 days after he shall have taken charge of such trust;" and by inserting alter the words shall make out such list: and valuation as in other casesof n loot or refusal and shall assess the duty thereon.” the words “and in caseof Willful neglect, refusal, or false statement sbsyifiuplhelxeplultaoriagpiipistratorutipkrustetea, s afore. es a a in. o oapena yo no exceeding $1,000t, o be recoveredwith costsof suit.”
Mr. ALLISON moved the followmg amend.ment: Strike out line 2659, and insert in lieu thereof.the following: That se ctipn 125 be amendedby inserting after the words “ that the to! or duty aforesaid, "the following: “ shall be due and payable wheneverthe partyintsrested in such legacy or distrihutive share.pr property or interest aforesaid shall become entitled to the possession or 01:5ment thereof, or to the beneficial interest in t a profits accruing therefrom, and the same;" an.The amendment was adopted.
Mr. WILSON, of Iowa. Does that affect the phraseology of the 120 fonrth section of the original act?
Mr. WILSON, of Iowa. If it changes the language of section 125 by being made an amendment to that section, it leaves the language of section 124 in the original act still remaining as the law, so that the 2 provisions make nonsense.
Mr. ALLISON. The original act does not provide when this tax shall be due and payable. There is no provision in the law when it becomes due and payable.
Mr. HALE. I move to strike out the last word of the amendment for the purpose of suggesting to the gentleman who made the motion that it seems to me it requires some modification. Under the rule now held at the Commissioners office, if a person is entitled to an unnuity of $100 for li e, the tax is assessed on the present value of that annuity and deducted by the executor from the 1st pament of the annuity. Now, that is palpab y wrong and unjust. For instance, a widow has left to her an annuity for her support. It is what she depends upon. Under the construction now adopted at the office of the Commissioner the whole tax on the present value of the annuity is deducted from the 1st installment of the interest. It is all wrong. It should only come out prorata year by year.
Mr. ALLISON. I do not know what the Gentfrom NewYork [Mr. HALE] proposes. We do not change teexistin law except as to the time when this tax sha I become due and payable. Now, it should be payable, it seems to me, at the time when the party comes into possession of the annuity. If the gentleman desires to change the law in respect, any amendment that he will sugtghees? to the committee will of course be considered. But I do not see why, if this tax is to he paid at once, it should not be paid upon the value of the estate at the time the beneficiary comes into possession or is entitled to receive the enjoyment of. the property, whether in the shape of an annuity or of actual possession of the property. Here the hammer fell.]
Mr. HALE. I withdraw my amendment and substitute another, to insert after the word “thereof” in the amendment proposed by the Gentfrom Iowa the words “or, in case of an annuity, payable on each installment of the said annuity as the same shall be due.” I think the gentleman misappreheuds what the ruling int is case is. A Widow or any other person who is dependent upon an annuity for support, and who requires the payment of the 1st installment, is subjected to a deduction therefrom of the tax on the computed present value of the whole annuity. In other words, when a widow is to receive this year $500 for her support, and next year $500, the whole $500 for the 1st year is wied out by the tax on the present value of the whole annuity, leaving or destitute.
Mr. ALLISON. I suggest that the amendment proposed now does not meet what the gentleman desires to remedy, because it would then subject the annuity to an annual tax equivalent to the whole value of the property, which certainly ought not to be. Itwoul take it out every year, whereas by the existin law the property of the estate is valued, an one tax is taken out, and that is the end of it. But the gentleman proposes to take this out every car.
Mr. HALE. My proposition will take the tax of $600 out whenever $500 is payable; no more and no less. The amendment to the amendment was not agreed to. The question recurred on the amendment of Mr. ALLISON, and it was agreed to.
The Clerk read as follows: That section 137 be amendedb inserting after the words "imposed by this act" the words “shall be assessedin the collect on district where the estateis situate and " No amendment bein offered,
The Clerk read as follows: That section 138 be amended by adding lhereto the words. “and every administrator. executor, or trustee, having in charge or trust an disposition of real estate or interest therein, subject to tax or duty under this act shall give notice thereof in writing to the assessoror as sistant assessorof the district where the estateissit natc. within 30 dn s from the time when he shall have taken chargeo such trust and prior to any distribution of said renlcstate. togetherWith a statement of the character and value thereof; and for wrilful neglector refusal todoso shall belinblo to ii. penalty of not exceeding $300.to be recoveredwith costso1suit."
Mr. ALLISON. I move to strike out the words “eve administrator, executor, or trustee, ” in the 1st part of the paragraph, and insert in lieu thereof “such persons.” The amendment was agreed to.
Mr. ALLISON. I move to strike out the words “statement of the character” in the latter part of the para rs )h, and insert in lieu thereof"deseription; also, to insert after the words “value thereof” the words “and the person interested therein.” The amendments were agreed to.
Mr. HOLMES. I move to amend the para graph by inserting at the close the following: That section 41 be amendedby striking out the following proviso: “Provided. That if the estate of the successor shall be defeatedin whole or in part by its application to the payment of the debtsof the predecessor, the executor. administrator, or trustee so applying it shall pay out of the proceedsof the rules so madethe amountsorofun " The provision which I propose to strike out amounts to this: that if a party who has received real estate as heir or devisee and paid the taxes upon it, by this act shall find himself disossessed of the whole or any portion of sue estate by reason of the executor or adinistrator selling the same to pay the debts safthe “ predecessor, ” that the executor or administrator shall pay out of the proceeds of the sale so much of the tax as is to be refunded under the provisions oithis act. Now, sir, the Government has received this tax, and this is the proposition: either to take it a ain from the people of the party who has pai it once, or from the creditor whose debts are to be paid. I do not see any proriety or justice in either of the provisions. Ill is simply in one case selling the property of the person who has aid the tax for the purpose of refunding it to iminstead of making the Government repay it and in the other of making the creditor whose debts are to be paid contribute to the payment of the tax, as a punishment, I suppOse, for collecting his debt from the estate of the “predecessor. The Government having secured the tax ought. to refund it, instead 0 collecting it again from the “successor” or compellin an innocent creditor to ay it.
Mr. AL ISON. I do not think this amendment ought to be adopted. The provision as it now stands is that ifa partydelays asserting his title, whether it be t iat of mortgagee or owner, until after the succession has passed, then that party shall refund to the beneficiar the amount of tax thus paid. Now, I thinh that is a just provision and that it ought to pass. The Government of the U.S. ought not to be required to levy this tax, make the collection, and then have a mortgagee or owner of the land come in two. 3, or 5 years afterward and assert his title. The amendment was not agreed to.
Mr. SPALDING. I offer the following as a substitute for the amendment of the Gentfrom NewJersey, [Mr. WRIGHT:] It shall not belawful for theState Dept nor any ambassador.minister. charge or consul. toissuc a {passportto any part unlessheproducesreceiptsor at or satisfactoryon onceot the payment of all in comctaxes imposedon him from 863to the data of his application. Nor shall any passportbe renewed or vise ed by any ambassador.minister. ohasge or consul abroad. unless the same conditions are complied wit.
Mr. MORRILL. While I know the resources of within that corner of the House to be ample, I shall regret to see the poverty of resources which will be displayed in the columns of the Daily Globe tomorrow; and therefore I must raise the point of order on the amendment of the Gentfrom Ohio, [Mr. SPALDING] that it has already been voted down 3 or 4 times, and besides, it is not germane to anything now under consideration.
The CHAIRMAN. The Chair sustains the point of order on the ground last stated by the Gentfrom Vermont, [Mr. MORRILL.
Mr. SPALDING. Will my amendment be in order at another stage of this bill?
The CHAIRMAN. The Chair cannot tell when it will be in order. The question recurred on the amendment of Mr. Viiiciier.
Mr. UPSON. I think the objection raised to this paragraph by the Gentfrom NewJersey [Mr. wRIGHT] is ully obviated by roading the closing sentence. The gentleman argues as if it was meant to imse a penalty on a man for neglect, when maddin i norauco of the law. The last clause says that “for willful neglect or refusal so to do he shall be liable to a )enalty, ” 860. Therefore it seems to me that his amendment is unnecessary. The amendment of Mr. WRIGHT was not agreed to.
The Clerk read as follows: That section 145 beamended by ln f3filllgafter the Word“ yours the words “ from the time when such tax or duty shall have become duo and payable." No amendment bein offered,
The Clerk read as fo lows: That section 150 be and the sameis hereby. repealed. No amendment being offered,
The Clerk read as follows: That;section 152 hoamonded ibnyse srttrinikgining out all after the enacting clause and lieu thereof the following: that it shall notbo lawful to recordany instrument. document or paperrequired by law to be stauiped unless a slam orstampsof the propernmountshull have been aflix and canceled in the manner required by law: and the record of any such instrument. upon which the properstampor stampsaforesaidshall nothave been aflixed nndeance ledasaforesaid shall be utterly void and shall not beused in evidence.
Mr. DAVIS. I desire to ask the chairman of the ComWays&Means [Mr Moaninn] whether there.is any provision in this bill in relation to a title doe which may have been left unstamped or have been improperlfi stamped through inadvertence.
Mr. hIOItRILL. There is a provision elsewhere in this bill provuling that the deed may be stained Within a year.
Mr. DAVIS. Is there any provision by which the record of the deed in such case may be used in evidence for the purpose of substan tiating the title? According to this paragraph, if the deed should be destroyed, the original paperdestroyed, the record cannot be used, because it does not appear from the record that the original paperwas stamed in the precise manner required bylaw. therefore, there is no mode of deducing title through a defective record. I think that point ought to be provided for, if it is not now.
Mr. MORRILL. If the gentleman will look at the paragraph on page 122 of this bill, I think he Will find that ample provision has been made upon the point to which he refers.
The Clerk read as follows: That section 154 beamended by striking out all a.tor the enacting clause and inserting inion the the following: that all official instruments.docu ts and papersused by the officersof the U.S. Government or by the officersof any State. county. town or other municipal corporation shall he, and hereby are. exempt from tax or duty: Provided, That. it is the intent herebyto exempt from liability to taxation only such State. county. town or other mnnicipnl corporations. in the excrciseof functions strictly belonging to them in their ordinary governmental and inunicisnl capa city and not to any specialexemption to individuals dealing with such corporations.
Mr. MORRILL. I move to amend the sentence “that all official instruments. documents and papers used by the officers of the U.S., &c., by striking out the word “used” and inserting the word “issued.” The amendment was agreed to.
Mr. MORRILL. I move to amend the proviso by striking out the word “only” after the word “taxation, ” and by inserting the word “only” before the words “in the exercise of functions strictly belonging to them, ” the The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the words “and not to any special “exemption to individuals dealing with such corporations. ” The amendment was agreed to.
Mr. GARFIELD. I move the following verbal amendment in line 2737: strike out “ debts” and insert “taxcs;” and the same amendment in lines 2754 and 2764. The amendments were severally agreed to.
Mr. MORRILL. I move the following amendments: In line 2744 strike out the word “respectively;" in line 2759 after the word “stamp, ” insert “ or impressionofanystamp"in line 2767. hcforo the word "cause, " insert “to;" and in line 2758 strike out "debts" and insert taXcs. The amendments were severally agreed to.
Mr. WRIGHT. I move to insert in line 2727 these words: “the stamp or frank of any member of Congress or head of any bureau.” The amendment was rejected.
Mr. WILSON, of Iowa. I move in line 2746 after the word “ used” to insert “ or fraiiiedtobe used.” The amendment was agreed to.
Mr. HALE. I ask unanimous consent that the paragraph commencing with line 2699 be reserved for amendment hereafter. There was no objection, and itwas so ordered.
Mr. MORRILL. I move in line 2800, after the word “note ” to insert “ not being stamped according to aw.” The amendment was agreed to.
Mr. ALLISON. 831, after the word “instrument, ” to insert “or, if lost, a copy thereof duly certified by the officer having charge of the real estate records in the proper town or county." I move in line 20
Mr. WILSON, of Iowa. It seems to me if this is to have any effect at all it is to destroy the effect of the paragraph comnieiicin on line 2699. liat paragraph provides where the instrument has conun stamped the record of itshall be utterly void and shall not be used in evidence. If a party examines the record and finds it unstamped the unstamped deed so recorded is Info notice to another subsequent purchaser. it is the intention of the committee to go back and make this unstsmped copy a correct record which we have already declared shall be utterly void and of no effect, then the amendment is proper. If that is not the intention then it is an iin properone.
Mr. ALLISON. iidoubtedly the statement of my colleague is true. I think it is properthat we should O back and amend the para graph to which in alludes. But I hope he will allow this amendment to pass. Of course if this paragraph is amended that will be also.
Mr. WILSON, of Iowa. Would it not be well for the committee to provide some amendment which will protect an innocent purchaser who has taken a title to lands when there may be an outstandin unstamped title no stamp whatever upon the record? By sending in a co 1 of the record and having it stamped the holder of the Outstanding title may deprive the innocent purchaser of his title.
Mr. ALLISON. I will withdraw my amendment if the committee will consent that this paragraph shall be considered in connection with the paragraph just passed over. No objection was made.
Mr. GARFIELD. I move to amend the paragraph by striking out the word “duty” wherever it occurs and inserting “tax” in lieu thereof. The amendment was agreed to.
Mr. MORRILL. Out of charity to the reporters, I move that the committee do now rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 513, 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, and had come to no resolution thereon and then, on motion of Mr. WRIGHT, (at a quarter past ten oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnunsnav, May 24, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. HOHESTEADS IN SOUTHERN LAND STATES.
The PRESIDENT pfo tempore appointed as the committee of conference on the part of the Senate on the disagreein votes of the 2 Houses on the bill (H.R. o. 85) for the disposalof the public lands for homestead actual settlement in the States of Alabama, Missis sippi, Louisiana, Arkansas, and Florida, Mr. Kiaitwoon, Mr. “fuses, and Mr. DAVIS.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Benjamin Franklin, a private in company H, 2nd Minnesota volunteers, praying for a pension, submitted a report accompanied by a bill (S.No.339) granting a pension to Benjamin Franklin. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. BILL RECOMMITTED. On motion of
Mr. WILLEY, it was Ordered, That the JtResolution.(H.R.No. 24) for the relief of Lucretia M. Perry. Widowof the late Nathaniel 11.Perry, U.S. Navy, be recommitted to the ComNavAtfairs. DEPOSITS IN NATIONAL BANKS.
Mr. WILSON. I submit this resolution, and ask for its present consideration: Rerofterf, Thttt the ComFinance be instructedto inquire into and report upon the condition of thenational banks in the city of Washington in the following particulars. namely: 1st, amounts what of govOlIllXlelfluln. ds have been deposited in said national banks, or any of them, in the past 12 months: 2nd, by w em, and under what authority such deposits were made; 3rd, what amountand rateof intercst.if any, has been allowed up such deposits, and to whom paymentsof interest, directly or directly, have beenmade. B unanimous consent, the Senateprocceed to consider the resolution.
Mr. JOHNSON. I suggest to the honorable member from Massachusetts that he had better make his inquiry more extensive, perhaps, and propose to inquire as to deposits in the other national banks, for the same system has gone on elsewhere, I am told.
Mr. WILSON. I have no objection to make the resolution a pl to other banks, if the Senfrom Mary an so desires. I will simply say that rumors are rife in regard to the public moneys that have been deposited in these banks in this city, and I wish to have them investigated. I am willing, however, that in Vestigation shall be made in regard to all the banks of the country. I regard the whole system as wrong, and I think it ought to be ar rested, and certainly in all our large cities, where it can be done, the public moneys should be deposited in the Treasury.
Mr. WILSON. I saw that there were the other day $3, 800,000 or $3, 400,000 of government money deposited in this city in 5 national banks.
Mr. JOHNSON. A great deal more than that has been deposited.
Mr. WILSON and one of these banks has recently failed, and failed under circumstances which, it seems to me, are certainly not creditable to some of the Government officers. I think it is time the system ceased. It is worse than the old “ pet bank” system in the days of General Jackson. I am for the subTreasury system out and out, and letting the government take care of its own funds. We have heard a great deal, lately, about expansion, and still public money has been deposited in these banks, in some cases to enormous amounts, for the purpose of expanding credits. The whole system is wrong, and I desire to see an end put to it.
Mr. JOHNSON. The honorable member, I trust, did not suppose that I was hostile to the investigation.
Mr. JOHNSON. Iam in favor of it; but the same reports to which the honorable member alludes as applicable to the banks here, I have heard as applicable to the banks almost ever where.Whether they are well founded or il founded I do not know but it is very important to the interests of the Government that the matter should be investigated. I hope the honorable member will alter is resolution so as to make it general.
Mr. GRIMES. I trust the Senfrom Massachusetts will consent to adopt the suggestion of the Senfrom Marylan, and change his resolution so as to 9. ply to all of these banks. I am very glad that e has called the attention of the Senate and of the country to this subject. Some weeks ago I introduced aresolution directing the ComFinance to inquire and report to the Senate as to the propriety of requiring by law that all public moneys in cities or in the vicinity of cities where there is a subTreasur should be deposited in the subTreasury, an in the city of Washington in the Treasury of the U.S. I supposed the ComFinance had that subect under consideration, but I have not hear anything from it. I do not know much about this subject of deposits, except from general rumor and newspaper reports. If there be any accu racyin the statements we see published, it seems to me this is acrying evil that should be reme died at once, and I trust that something will be done to save the Government from any further such losses as have occurred by the disastrous failure of the Merchants Bank of Washington. It seems to me, if the present system shall be continued, we are liable to just such disasters as that, only on a still more momentous scale than the one that has occured here right under our eyes.
Mr. WILSON. I propose to modify the resolution by striking out after the word “bank” the words “in the city of Washington;” so tllilat it will apply to the national banks gener a y.
The PRESIDENT protempore. The resolution will be modifie agreeably to the suggestion of the mover, who has the power to alter it.
Mr. FESSENDEN, I should like to hear it read as it now stands. fi ghe Secretary read the resolution as modi e.
Mr. FESSENDEN. I would recommend to the honorable Senfrom Massachusetts either to provide for the appointment of a special committee on this suxhjector to send the resolution to the SecyTreasury. I suppose that all the information asked for in the resolution, except in the last part with ref erence to the interest paid, which would require asecific examination, could be furnished at the Dept without any difficulty. I should have no objection to the resolution going to the ComFinance but for this reason: we are now very near the last of the session, and the ComFinance have quite as much business before them as it is possible for them to attend to. In a very short timewe shall have the tax bill, whicliwill take up a great deal of our time, and probably occupy every day and every evening for some considerable period and with the other bills and business on him it would be impossible for that committee to make this inquiry, in my judgment. I therefore propose that some other direction shall be given to the resolution. As to the subject matter of it, I think it is highly proper, and in the existing state of things essential, that such an inquiry should be made.
Mr. JOHNSON. I so gest to the honor able member from Massachusetts that he had better refer the subject to a special committee, as the ComFinance have more business than they can attend to, or as much, at on rate.
Mr. FESSENDEN. I think the Senator had better do that or send it to the SecyTreasury.
Mr. WILSON. I will modify the resolution still further by changing it to a special committeei
Mr. HENDRICKS. I should like to hear the resolution read as modified.
The Secretary read it, as follows: Resolved.That a selectcommitteebe appointed to inquire into and report upon the condition of the national banks in the following particulars, namely: fidrespto. switheadt amountsof Government funds have been in said national banks or any of them in the past 12 months; 2nd, by whom, and under what authorit, such depositswere made: 3rd, what amount am rate of interest, if any, has been allowed on such deposits, and to whom paymentsof interest, directly or indirectly. have beenmade.
Mr. HENDRICKS. I wish to inquire of the chairman of the ComFinance, or the Senfrom Massachusetts, who I suppose has examined the subject, whether the national banks are not made depositories by the law.
Mr. HENDRICKS. The SecyTreasury is authorized by the law to make certain banks de ositories of the public money.
Mr. CLARR. He designates which of the banks shall be de ositories.
Mr. HENDRIEKS and upon such secu ritilas he may see fit to require.
Mr. SHERMAN. I will state that I have examined the law on this subject, in pursuance of the order of the Senate, and I do not see anything in the banking law that justifies anyone depositing the public money in the national banks except the Treasury Dept and the collectors ofinternnl revenue. The habit that has sprung up of aymasters and disbursing Officers depositing t ic public money in these banks, it seems to me, is aviolation of the law.
Mr. CLARK. But the Senator will find that the Dept does designate certain banks as depositories.
Mr. SHERMAN. I know that: but I say there is nothiii in the law that dire excontemplates the epositing of public in ey by disbursing officers in national banks, and such a practice is very wrong. The resolution, as modified, was adopted.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MOPHERSON, its Clerk, announced that the HoRep had passed without amendment the JtResolution (S.R.No. 74) providing for the acceptaiice of a colIcction of plants tendered to the U.S. by Frederick Pech. The message further announced that the HoRep had passed a bill (S.No.167) to incorporate the omens Hos pital Association of the DistCol, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had agreed to the amendments of the Senate to the JtResolution (H.R.No. 116) to prevent the introduction of cholera into the ports of the U.S. The message also announced that the HoRep had passed the followin bills in which it requested the concurrence of the Senate: A bill (H.R.No. 466) erectin the Territory of Monaina into a surveying district, and for other ur oses; and A bill (1H. It. No. 616) for the relief of Lu cinda Gates. ENROLLED BILL SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled bill; which there upon received the signature of the President protempore: A bill (H.R.No. 453) for the relief of cornelius B. Gold late acting asst paymaster U.S. Navy. MILITARY ACADEMY APPOINTMENTS.
Mr. WILSON. I now move that the Senate proceed to the consideration of House JtResolution No. 134, relative to appointments in the Military Academy of the U.S. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution.
Mr. WILSON. he Senfrom RhdIsland, I believe, has an amendment to propose to the resolution. It was laid over the other day to enable him to do so.
Mr. HENDRICKS. When thisJtResolution was called up the other day, I asked the postponement of it until the Senfrom Rhode sland should return, with a view to his being heard upon this proposnion. Since then I have reflected somewhat upon the proposition, and I believe it would be well to adopt it in its present shape. I think it would to a very large extent reduce the%. of appointees to that institution who are found not qualified for the position. I think it would be well enough to try it, to say the least of it. The amendment was agreed to.
Mr. GRIMES. I desire to inquire of the chairman of the ComMilAffrs why it is that it is proposed to fix the e at 22 rather than the age that has been fixed heretofore.
Mr. WILSON. The ages now are 16 and 21. This proposes to make it 17 and 22. t was thought by many persons, and some of those connected With the institution, that 16 was an age too young for admission, that 17 was about the properage; and therefore this change has been made to carry it up one year, and extend it one year beyond 21 excepting in some special cases of soldiers who have served in the war. Those, however, willbe very limited.
Mr. GRIMES. I have not heard of nny objection to the present limit; and I was fearful that probably 1 is provision resulted from such a condition of things as happened 2 years ago when we changed the limit as to admission to the Naval Academy. There happened to be a likely young boy who was a little over the of 17 and could not be admitted; an I believe that it was urely through the influen that was exerted by the frien s of that yous man that we chaned the period to 18 years. He was admitted, went to the Academy, was there 3 months, and was unable to make any progress in his studies, had not any adaptation to the profession at all, and was dismissed; and we have now upon the statute book a limit of 18 years in place of 17 years, when ever naval officer concurs in the opinion that the s orter number of years is the proqer age for boys to go into the naval service. do not know whether there is any such difficulty in the case of the Military Acadein.
Mr. WILSON. This measure comes from the HoRep, and General SCHENCK, chairman of the Military Committee there, was one of the visitors at WestPoint last year. I am not sure that that board recommended this change, butI know they recommended the change in regard to waiting a year after the apointment.
Mr. NES 1TH. With the permission of the Senfrom Massachusetts, I will state that the board last car did recommend and almost every board or several years has recommended the change; and with the permission of the Senator, Iwill read the recommendation from the report of the Board of Visitors last year:. “Candidates may now be admitted between the agesof 16 and 21. We recommend that in future no one be received who is under 17 or more than 22 years of e. The severity of the physical training and discipline is such that youths of 16 often do not possess the reqnisitl strength and poweref endurance. A grcuter mnturity of mind and bodyof those entering seemsdesirable.” That is the recommendation of the board lastyear.
Mr. WILSON. General Delafield strongly recommended carrying the minimum age to 17.
Mr. NESMITH. lowing amendment: Abife: resolved.That hereafterthe Superintendent of the Military Academy may be selected from any corpsof the Army. At present the Superintendent is compelled to be selected from the Engineer corps, and it has been thought by a great many that, as the character of the institution has changed a good deal since its 1st organization, this is an unjust discrimination against other Officers of the service; and Iwill read what the Board of Vis itors last year recommended on that subject: “1. We are of opinion that the law should he so changedasthat the superintendencyof the Academy may e thrown open to the whole Army instead of confining the selection. as now, to an officer of the Engineer corps. The institution having ceasedto be only or mainly. a school for engineers.as at 1st established, and having become t cono greatnational military and polytec nio institute of our country. the reason for such exclusiveness no longer exists, and it is recommendedthat the appointment be free hereafterto every arm of the service."
Mr. WILSON. I doubt very much the expediency of this amendment. I know that many eminent men of the Army have been in favor of this change, but we do not know certainly how it may work; and if the change is made men may e appointed for other than military considerations. I certainly hope that the proposition will not be put upon this resolution now, for I am anxious to get the resolution through this morning, and we shall very soon probably have up the Army appropriation bill or some otherbill to which this amendment can be moved; and as attention has now been called to the subject, Senators can reflect upon it. I hope it wi lnot be pressed toavote now; if it is, I shall vote a inst it.
Mr. GHIMES. ridesire to inquireof the Senfrom Oregon what are the deleterious effects he s cults of that have resulted from permitting tris school to continue under the charge of the Eu iueer corps.
Mr. NESMITI. There is an exelusiveness about it that I think is improperin the Amy. I do not think that an engineer officer is any better fitted to manage an institution of this kind than a cavalr or infantry or artillery Officer. I I think the wrong consists in the exclusion, and it causes dissatisfaction in other corps of the Army, and I know of no reason why it should continue. [know that the Boards of Visitors who have devoted their attention to the subject, have come to the same conclusion that I ave. Officers in other corps of the Arm see no reason why this snperintendeney lhould be confined to the Engineer corps while the school is not a mere engineer school; and I think so mtse lfi The amendment was rejected. The JtResolution was reported to the senate as amended, and the amendment made as in ComWhole was concurred in.
Mr. NESMITH. I now renew my amendment in the Senate, which was rejected in committee; and I ask for the yeas&nays on it. The yeas&nays were ordered.
Mr. NESMITH. I think the Senfrom Maine is not entirely correct in his statement with reference to this Academy, and the character of the boards of annual visitors. He states that it is entirely a militaryquestion. 0n the contrary, it is a question of e ucation, and those men who are qualified, Rs he himself states most decidedly on that question, are the very men who are competent to decide on this. He says they are generally educated men, presidents of colleges, editors of news papers, and men who have practical knowl edge upon the very questions which is there broughtto their attention and consideration; that IS, the question of education, education generally to fit men for the discharge of their up roprlate duties in the Army. he Senatorsays that an engineer Officer is selected for the discharge of this important duty on account of his superior qualification 9!! fitness and he says that he is superior in all the branches of the serviua. There never was a greater mistake in the world. The engineer officer graduates at the head or near the head of his class because of his proficiency my crhups, a single branch, the branch of Ina ematics.
Mr. FESSENDEN. The Senator is entirely mistaken. llis standing in the class is made up from his proficienc in all branches.
Mr. GRIMES. The sum and substance of the argument of the Senfrom Oregon seems to be this: that if a man graduates at the head of his class, or near the head of his class, and becomes an engineer, he goes into an office or takes charge of the building of a fortification, while a man who was the 20th of his class goes out and is stationed at Fort Ridgely, as a cavalry officer or an infantry officer, at a post remote from civilization and books and men, and he is going to acquire such a vast amount of information that he will be vastly superior to the engineer officer who is emploed in fortifying your coast. lhelieve thatts to sum h and substance of the argument. If there be any validity at all in the Senators proposition he ought to propose to exclude an engineer entirely from being selected to command at WestPoint. Now, Mr. President, I do not pretend to deny that the 5th man of a class may be just as compotent to command at WestPoint and supermtend education there as the 1st; that is, in some instances; but whatI object to is, that for the sake of getting one of those 5th men, who may be an exceptional man, you open the whole to confusion and com)etition between from 5,000 to 8,000 officers, and in the course of a fow ears you will find a man selected and put in cfiarge there who has never had any education at all, but who will be made the Superintendent because of the political influence that may be brought to bear in his behalf. That is whatl am afraid of and these excellent otheers who have served and distinguished themselves so much, to whom the Senfrom Orevon has alluded, having beep educated at westdoint, under the present system, the Academy having accomplished as much as it has, it having turned out to be such a complete success, I do not see really any urgent necessity that should impel Congress to make this change.
The PRESIDENT protem ore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business owf yesterday, which is House JtResolution. o. 127.
The PRESIDENT protem ore. The Senfrom Kentucky is entitle to the floor.
Mr. STEWART. I rise to take the floor upon the special order.
Mr. GUTHRIE. I intended to say a word on the other subject.
Mr. WILSON. I ask the Senfrom Nevada to allow us to take the vote on this question in relation to the Military Academy.
Mr. FESSENDEN. I hope not. It will be further debated, and I must adopt the rule, when the morning hour expires and the constitutional amendment comes up, of insisting upon going on with it.
Mr. ANTHONY. Suppose we take the vote without debate.
Mr. FESSENDEN. I must adopt the rule and not yield in any case.
The PRESIDENT pro tompore. The unfinished business of yesterda, being House JtResolution No. 127, is be are the Senate. WITHDRAWAL OF A PETITION.
The PRESIDENT protempura. It is moved and 2nded that the Senfrom Illinois be authorized to withdraw from the ComMilAffrs the petition presented by him which was referred to that committee by order of the Senate some time since.
Mr. HOWARD. I beg to say that some weeks ago I received a letter from agentleman of my acquaintance residing in Staunton, Virginia, requestin me to procure a copy of the etition to which the honorable Senfrom Illinois has referred and forward it to him, he alleging in his communication to me that he had strong reason to believe that the signatures, or many of them, attached to the petition were for ed, and that it was impossible to ascertain in.tannton or in the vicinity any person who had set his name to the petition. The letter which I received was written in a spirit quite hostile to the signers of the petitions or to those who sympathized with the object of the petition. I immediately resorted to the committee room of the ComMilAffrs and made a personal examination of the ctitions; there were 2 or 3 of them believe. I examined the signatures with considerable care and ascertained that there was a certificate of authenticity attached to each one of the petitions, setting forth that the signatures were genuine and identifying the individuals who had signed them. I I replied to my correspondent statin what had done, soing to him that under e circumstances I did not feel at liberty to furnish him with copies of those petitions, but at the same time informing him of the nature of the petitions and the mode in which they were authenticated, and assuring him that so far as I could discover I had eve reason to believe that the signatures were all? genuine and that the persons signing the petition were genuine persons. That is all I know about it. It is mv duty to state these facts to the Senate in order to show with what perseverance it is that certain persons at Staunton have sought to obtain matter of accusation against persons who are supposed to have signed these petitions. I do not know, I confess, what good will result from the withdrawal of the petition.
Mr. TRUMBULL. It will enable these men to protect themselves against the charge of forgery.
Mr. HOWARD. If that is the sole object the Senatorhas in view, I shall have no objection to that, but. I would not. propose to have the petition withdrawn if any further wrang lin or ill feeling was to be the result of the withdrawal of the etition.
Mr. TRUMBULL. The petitioner himself who sent it to me has asked leave to withdraw it.
Mr. WILSON. I have sent to the committee room for the petition; and I find that there are 4 oaths made before properofficers to the genuineness of the signatures. I will say that Mr. Seor, one of the Senators elect from Virginia, on led on me and expressed a wish to obtain a copy of the petition and the names of the petitioners. He did not state to me why he wanted it, or for what purpose, except that it was thought by some persons that the signatures were not enuine. He went to my committee room an my clerk made a copy for him. I did not suppose there was any improper purpose in it. rain sorry to learn, as have earned, that this has been used for the purpose of oppressing. persecuting, and threat ening the signers of the ietition. I will have a co iy of the paper inn O and return the origina to the Senfrom Illinois.
Mr. FESSENDEN. I hope we shall now proceed with the regular business of the day, and I really must call upon our friends to be a little forbearing when that business comes up in its regular order. When it is called ii iii; is usual to bring up something or other that a Senator wants to get 05 his hands, and then everybody debates it, and time oes on, and it is not fair to the Senator who as the floor, nor is it exactly the thing with reference to the business of the Senate. I hope, therefore, unless there is a pressing necessity for this matter that it will go over until tomorrow.
Mr. TRUMBULL. It is disposed of, I think.
Mr. FESSENDEN. Then I hope Senators will talk no more about it.
Mr. WILSON. If it is not disposed of let it go over until tomorrow.
Mr. TRUMBULL. The parties want the paperin consequence of these accusations. I en a ose there Wlll be no further debate about it.
Mr. TRUMBULL. It is not an unusual thing to withdraw a paperfrom the files of the Senate.,
The PRESIDENT protom re. The question is on the motion of the Senfrom Illinois, that he be permitted to withdraw this etition from the ComMilAffrs or the purpose stated by him. The motion was agreed to. RECONSTRUCTION. The Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 127) proposing an amendment to the Constitution of the U.S., the pending question being on the amendment offered by Mr. Wane.
Mr. SAULSBUltY. I desire to ask the Senator a (question.
Mr. SAULSBURY. Does the Senfrom Nevada say that the Democratic party of this country would, if they had it in their power, repudiate the national debt or would assume the confederate debt? I should like a frank answer. I only refer to it because I observe that the Senator has repeated an intimation which I have seen in the public press.
The PRESIDING OFFICER, (Mr. WILLIAMB in the chair.) The question is on the amendment to the JtResolution proposed by the Senfrom Ohio, [Mr. Wane. Is the Senate ready for the question?
Mr. HOWARD. I suggest that the discussion be postponed until tomorrow, and I make that motion, that the further consideration of this subject be postponed until tomorrow at one oclock.
Mr. JOHNSON. Is it in order to move to strike out the 3rd section as it stands now without offering a substitute for it?
The PRESIDING OFFICER. such a motion would be in order.
Mr. GRIMES. The question Will stand, then, on that motion?
Mr. HOWARD. I hope the vote Will be taken on the motion to postpone the further consideration of the JtResolution until tomorrow at.Oneocloek. The motion was agreed to.
Mr. SHERMAN. I have prepared a constitutional amendment, or rather an amendment to the proposition of the committee of 15, which more nearly meets my own idea than any proposition that has been made, and at the suggestion of others I submit it and ask that it be printed. I do not say that I shall offer it, because I desire to vote for that 0sition which will combine the greatest strenpgrotp, but as this expresses more nearly my own individual idea than any other, I will ask that it be printed.
The Secretary read the proposed amendment, as follows:. Strike out. sections 2 and 3 and insert as follows: Representation shall be apportioned among the leVeral States which may be included within this Union aceordiu to the number in each State of male citizens of the U.S. over 21 years of agequalified by the laws of such State to choosemembersof the mostnumerousbranch of its Legislature, and including such citizens as are disqualified for participating in rebellion. Direct taxes shall beup portioned among the several States according to the valueof the real and personal taxable property situated in eachState not olo ging to the State or to the U.S. T ic proposed amendmeutwas ordered to be printed. BOUNTY IO INDIAN REGIMENTS.
Mr. WILSON. I move to take u the JtResolution (S.R.No. 87) to provide for the payment of bounty to certain Indian regiments. he motion was agreed to; and the JtResolution was read the 2nd time and considered as in ComWhole. It requires the SecyWar to cause to be paid to the enlisted men of the 1st, 2nd, and 3rd Indian regiments the bounty of $100, under the same regulations and restrictions as now determine the payment df bountyto other volunteers in the service of the U.S. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. OFFICIAL HISTORY OF THE REBELLION.
Mr. WILSON. I now move to take up the JtResolution (S.R.No. 86) to provide for the pigblication of the official history of the rebel n. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution. In order to in sure the publication in proper form, and at the least possible expense, of the reports and or ders of commanding officers, and of all corre s oudeuce by telegraph or otherwise, and of a1 other documents of every description relating to the late rebellion, accumulated in the archives of the War Dept since the 1st of December, 1860, as authorized by the JtResolution entitled “A resolution to provide for the iprinting of official reports of the o era tious of the armies of the U.S., approved May 19, 1864, this JtResolution authorizes the SecyWar to appoint a competent person to supervise the publication at the Public Printing Ilice, who is to receive a compensation for his services not to exceed $2, 500 perannum, to be paid monthly by the SecyTreasury, but this compensation is not to be paid for a longer period than 2 years from and after the passage of the resolution. It is to be the duty of the person so appointed, with the advice of the Superintendent of Pub he Printing, to prepare in a propermanner for publication the manuscript of the documentary history of the rebellion, sent and to be sent from the War Dept to the Public Printing Office. in strict accordance with the terms of the JtResolution of May 19, 1864, and in order to save uuiiecessar expense, to consoli date and eliminate there rom, under the supervision of the Sn crintendeut of Public Printing, such superuous matter as will not affect the completeness and historical value of the whole; and he is to make regular reports of the progress of the work to accompany the report of the Public Printer to Congress; and the rioting thereof is not to be commenced unti a complete revision and arran ement of the manuscripts shall have been am e.
Mr. WILSON. I will briefly say that area olution was ssed 2 years ago providing for the publication of these official papers. this a great undertaking, and it will cost several 100,000 dollars. For the credit of the country, the work should be very carefully prepared. Besides that, if it is properly pre pared, it will not cost more than 2/3rds as much as it will if it is printed on the plan provided by the present law. If the war is to be of real historical value, if it is to, be any credit to the country, it should be well edited. It will make somewhere from 30 to 50 large volumes. The present plan is very defective in deed. In the 1stp ace, the documents and papers themselves are defective, with names misspelled, and are not well arranged. All this should be corrected. If we are to publish this work at all, it should be carefully prepared before. it is put to Conress.
Mr. FESSEND "N. Do you mean to publish all the reports?
Mr. FESSENDEN. Would itnot save more not to publisli any of these things?
Mr. WILSON. The Senfrom Maine asks if it would not save more not to publish any. That is very true; but my judgment is that these reports and papers ought to be pub Iished, and published at the earliest possible day. They are of great historical importance. They should be properly edited on O into our libraries and before the country or the information and instruction of our own people, and as a historical work. We have already ordered them to be published. Congress has passed a resolution providing for their publication; and a large amount of them are in the rioting Office now. The Superintendent of public Printing has been holding back for some weeks in order to see if an thing is to be done here on this subject. I not, he will commence the publication, imperfect as it is, and l believe nearly every page will have a defect upon it unless we at it under the eye of a competent man. I iope, therefore, ifwe are to have this work published at all, that the Senate will see to it that it is properly edited, and that it is a work worthy of the country.
Mr. GRIMES. I move to strike out in the 6th and 7th lines of the 1st section the words. “and of all other documents of every description relating to the late rebellion.” This proposition is a very comprehensive one. As the resolution new reads, it says: That in order to insure the publication in proper form and at the least possible expense, of the reports and orders of commanding officers and of all correspondenceby telegraphor otherwise, and of all other documentsof every description relating to the laterebellion. accumulatedin the archivesof the War Dept. Mi. That includes the muster rolls and all sorts of communications of every kind and description. Certainly the Senator does not propose to have published everything in relation to deserters, applications to have a man, pardoned for desertion, courtmartial proceedings, (to. Mr. POMEROY. What is the force of the word “otherwise, ” there? That includes all t“he rest. You ought to strike out the word Otherwise.”
Mr. GRIMES. No, sir. The language is, “all correspondence by telegraph or otherwise." That, I suppose, was intended to relate to the correspondence between officers in command of Depts and divisions, and so on, and the War Dept; but the words in the 6th and 7th lines that I have proposed to strike out would include every conceivable thin, it seems to me.
Mr. JOHNSON. I think this proposition ought to go to the ComPrintg. The honorable member from Massachusetts seems to sit pose that it will only cost some 4 or 500,000 dollars, but in all human probability it will cost one or 2 millions. It will cost a great deal more than that if these words are not stricken out. suggest to my friendfrom Massachusetts whether we had not better ascertain in some way what would be the probable cost of a work of this description.
Mr. WILSON. I will say to the Senator that on the best information I can gather it will take from 30 to 50 volumes to complete this work.
Mr. WILSON. Good sized, large volumes. Different estimates as to the number of vol umes are made by those who have made some examination into the subject; and it will cost of course to publisli any number of them several 1,000 dollars a volume. If we allow the work to go on and be completed according to the existiii law; it will cost from 500,000 to 750,000 dollars. This proposition will reduce it down at.least 1/3rd in expense and make aperfect work of it. I am willing, however. to strike out these words, or modify it so that nothing will be published that is not a part of these reports.
Mr. JOHNSON. I suppose, whether these words are stricken out or not, that all the reports and all the correspondence made by the confederate army would be included. They are all in the War office now. So far from its costing half a million dollars, I think it will cost some 2 or 3 millions before we are done with it. The honorable members estimate, which he says he has made after as correct information as he could get, is not alto gether as accurate, perhaps, as ought to be relied on. He says it will take from 30 to 50 volumes. leaving a may in of some 20 volumes. That is not muc of an estimate.
Mr. WILSON. I will say to the Senator that it is simply an estimate. It is all that can be made. In the 1st place it is a guess, after such information as we could get. In regard to the number of volumes, some persons who have looked into the subject very carefully think the work will make 50 volumes; at any rate, all think it will make from 30 to 50. Some of these reports are not yet in. There are a number to come in that are yet in the course of reparation.
Mr. JOHNSON. What is the resolution of 1864?
Mr. WILSON. That resolution provides for the publication of these papers.
Mr. WILSON. Yes, sir; everything pertaining to these reports.
Mr. JOHNSON.I think we had better stop that.
Mr. WILSON. This resolution prevides for having them properly arranged. I think if the amendment proposed by the Senfrom Iowa is adopted, it ninkes it very simple, and if we shall want to publish more hereafter, it can be one.
Mr. FESSENDEN. Well, on cannot state the number. I have heard tese papers de scribed as being there by the cart load, and you cannot tell what number of volumes they will make. Clearly, if you get a publication of 50 volumes of the events of this war and the papers connected with it, without having the work edited, Without having the subjects selected, without havmg the papers arranged, without having them properl INDEXed, nobody would give anything or theity volumes in his library because he could not find what he wante in them. He might just as well go to the War O the c and hunt over the papers there to ascertain what there was that was good for something tobe used. Iustea of passing this resolution in any shape, my judgment would be that we had better stop where we are, and repeal the resolution that was passed at the former Congress; and if you then decide to begin, begin a great work, (because it will be a great work) as experience has proved the only proper method; let it be undertaken by competent persons as a work of timchnd not of hurry; and give to the people of this country at the end something that will be worth having, and will in a measure pay for the immense sum that we must expend in accomplishing it. In the present state of Our financesI should rather hope the whole thing might be deferred to a better opportunity; but of that the Senate will judge. But if we are to undertake it, let us do it like sensible, business people, and not push all this matter in a mass into the printers hands to be published at vast expense, and to be good for nothing after we have got it.
Mr. FESSENDEN. I Wish to make one other suggestion. I understand that we are in possession of a large mass of the confederate reppr1ts.
Mr. WILSON. They were not here when we eased the resolution of 1864.
Mr. FESSENDEN. If these papers, are to be published they ought to be arranged by subjects; and all that we have of the confederate documents on the same subjects on ht to be printed in juxta position, so that this whole subject matter mlght be seen.
Mr. ANTHONY. I think that the documents in the archives of the War Dept are not yet in a condition to be published. I think it is much better that the work should be prepared, or at least that very considerable progress should be made in it before the publication is commenced, because otherwise we may repeat the same experiment that has just been made. This resolution provides for some competent person at a solar of $2, 500 a year to underta O it. It would be the life time of a man to do that work; it would take 20 men to perform that work as it ought to be performed, and I think it ought to be performed. I think that there should be ahistory of the war prepared from the documents in the possession of the War Dept and from the rebel archives; and I would suggest that this resolution be recommitted to the ComMilAffrs, and that they report a plan for the prosecution of the work; and pwhen the persons intrusted with this work shall report that they have made sufficient regress it will be time enough to commence the publication.
Mr. FESSENDEN. In the mean time we on ht to suspend the resolution already passed.
Mr. ANTHONY. Yes, sir. If this resolution be recommitted to the ComMilAffrs they can report a plan for the reparation of the work, which should recede or some time the commencement of the publication; and in that resolution we can provide for the suspension of the work now gomg on. I fancy there is nothing doin on it now; butI do not know. This matter does not belong to the ComPrintg, and I do not wish to interfere with it.
Mr. WILSON. I certainly have no objection to that suggestion; but the object of the committee was to do precisely what the Senfrom Maine and the Senfrom RhdIsland, and I suppose the Senfrom Iowa, desire; a that is, if this matter is to be published at all, that it shall be well arraned and made a perfect work. We cannot tel, I assure the Senate we have not the means to tell, and I do not believe any committee of the Senate can possibly tell precisely how this should be done, but we wanted to )ut it in the hands of a competent man to make out a plan and see that the work is done according to a good plan. I have no objection certainly to arresting the publicstion of the present work, to repealing the present law, and letting the SecyWar appoint a proor man or a number of men if necessary an let them report a plan at the next session of Congress and how much it will probabl cost and give us all the facts of the case. f that is thought best, I have no objection to the recommitment; but the object we had in view was to reveut the publication of this vast mass of documents without any ar rangement, imperfect as they are sent to the printing office. I have no objection to a re commitment, with the understanding that we are to report a proposition arresting the publication and authorizing the SecyWar to appoint a properman to prepare the work, and let a report be made at the next session of what they desire and about what it will cost.
Mr. FESSENDEN and the larger it is the worse it will be.
Mr. SUMNER. Of course, the larger it is the worse it will be. Then Senators say that we must find a competent man. Who is the competent man? I do not know him now. I dare say he would come to light, crhaps, if we went about with a candle ager him; but the competent man to gather to other all this mass of documents and to put tilem in order, and then to make a properand analytical INDEX, would be a very rare man. He must bea man without any of the turbulent ambition that belongs to politicians; he must be dispose dto quiet, willing to live at home with his books and his papers, and give himself day and night to serious toil. That is the character of man that you would require. he could be found.
Mr. JOHNSON. You might find him in Boston.
Mr. SUMNER. In Boston if anywhere perhaps. [Laughter] But then I do not know him there, I am free to say.
Mr. FESSENDEN. Resign, and take charge of it yourself. [Laughter]
Mr. SUMNER. My friend says I should resign and accept it. I do not know but that that is the best thing I could do, [laughter] I do not know where but then I should despair of gctting through with the work.
Mr. SUMNER. Then the work would surely be done. [Laughter] All this brings us to the conclusion that what we do should be well considered and laid out in advance. I think, therefore, it is important that the resolution should be recommitted, that we should have the benefit of all the information we can get from the Dept on the subject, and, if possible, provide in advance the method and the arrangement and the way in which the collection should be INDEXed. As much should be done in advance as possible. N ow, sir, we may get some instruction on this subject from what they are doing in other nations. At this moment the Emperor of France is engaged in the publication of all the writings of his uncle, the "m eror Napoleon. That work has already proceeded to 14 or 15 quarto vol umes, very elaborately edited, the purpose being to bring into the collection every se rap, Military, diplomatic, or personal, which can be found proceedinv from the late Emperor of France. the 1st apolcon. That is done under I would agree to serve in France are engaged as a committee in superintending it. Now, if we shall undertake our work, I think we ought certainly to do as well by it as the Emperor of France does by the work of his uncle.
Mr. HENDERSON. Having looked at the legislation on this subject, I desire to ask aquestion. I find that after the passage of the JtResolution referred to by the Senfrom Massachusetts an act was passed in June, 1864, the 2nd section of which provided “ that the SecyWar he, and he is hereby, authorized to appoint some competent person to edit the printing of the official reports of the operations of the armies of the U.S. ” New, I understand that this is further legislation on the same subject. I roseto ask whether the Secretary of l or had gone to any expense in securing the services of any person to so erintcud this publication. Ifind, also, in the Xrmy appropriation bill for 1864 65 passed June 15, 1864, an appropriation “for copying official reports of armies of the U.S. for publication, $5,000.” I presume that was in furtherance, also, of this same resolution, passed in May, 1864.
Mr. JOHNSON. Has the Senator that resolution before him?
Mr. JOHNSON. Will the Senator be kind enough to read the 2nd section?
Mr. HENDERSON. The Senfrom Maryland asks me to read the 2nd section of the resolution of May, 1864. It is in these words: “SEC. 2. Abife: resolved. That the Superintendent of Public Printing shall cause tobeprinted and bound, in addition to the usual number, 10,000 copies of such Correspondencer, eports, and documents, 1!volumesof not exceeding(as near a may be) 800 octavo puges cach.which shall be distributed by the SecyS as follows. to wit, 500 copies to the War ment, one comlcte copy to each State library of every State in the Union, and 5 complete copies to public libraries in each congremional district of the utterly States, to be designated by the Representative of the present Congressfrom such district; and of the remaining copies 3000 shall be fpr the use of members of the present Senate, and 6,000for the useof members of the present HoRep.”
Mr. JOHNSON. I should like to know if the yeas&nays were called upon that.
Mr. HENDERSON. I think the best disposition, perhaps, that can be made of the resolution now pending is not to amend it, as suggested by the Senfrom Iowa, but. to make it a simple provision repealing what has hitherto been provided for.
Mr. GRIMES. It is proposed to recommit it with that view.
Mr. HENDERSON. I have no objection to that course. I was about to remark that the mere orders of the Dept commanders at the city of StLouis have been recently published by Mr. OFallon, who was an assist special editorship. Some of the very 1st men Dept. adjutant general at StLouis during the whole time. a has done it as a private matter of his own, and his work is a wery valuable one. Those orders of the Dept commanders at StLouis alone, leaving out the reports, make some 4 or 5 large volumes.
Mr. ANTHONY. It would take 500 volumes for the publication, according to the orinal resolution.
Mr. HENDERSON. This book, asI say, makes 4 or 5 volumes, although it contains none of the reports of the commanders to the War Dept, but simply the orders issued by the commanders. The whole work, under the resolution as it now stands, would.ccrtainl be not less than 4 or 500 vo umes. We ought not to proceed with such a work. As it now stan s, it would include every telegraphic dispatch that came over the wires, and all correspondence, not only the reports of the commanders, but the report of every subordinate commander to his superior. Most of the members of Congress to whom it is provided that the book shall be delivered after it has been published will certainly1 be dead before the publication is comp ete.
Mr. WILSON. The work is to be a much larger work, of course, than was supposed at the time it was ordered. It was ordered 2 years ago and it is much larger than was supposed at the time. The law to which the Senator has referred authorizes the SecyWar to appoint a propererson, but no person has been appointed. It has been prepared in e office.
Mr. JOHNSON. Was not Dr. Lieber apointed?
Mr. WILSON. No; he was appointed to take care of the rebel archives and examine those.
Mr. WILSON. I understand Dr. Lieber his! care of the papers that were captured at Richmond and in the confederate States, and that there are alarge amount of them. I do not know under what law it is, but he is appointed and is arranging those papers. The 2nd section of this resolution is 1ntended to modify the original act so that a great deal of the matter may be eliminated and left out. I think, however, the best disposition we can now make of the subject is to recommit it, according to the sense of the Senate, and have the matter acted on more fully.
The PRESIDING OFFICER. Does the Senator make a motion to recommit?
Mr. WILSON. Yes, sir. The motion was agreed to. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 466) erecting the Territory of Montana into a surveying district, and for other purposes to the ComPubLands. A bill (H.R.No. 616) for the relief of Lucinda Gates to the ComPensions. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep, by Mr. McPssnsox, its Clerk announced that the Speaker of the HoRep had signed the following enroled JtResolutions; which were thereupon signed by the President O tempera: A Jtresolfdtion (H.R.No. 116) respect mg quarantine and health laws; and A JtResolution (S.R.No. 74) providing for e acceptance of a collection of lants tendered to the U.S. by Fre erick Pech. EXECUTIVE SESSION.
Mr. POMEROY. I move to take up Senate bill No. 233.
Mr. RAMSEY. I move that the Senate proceed to the consideration of executive business.
Mr. HENDRICKS. I hope not. The Senfrom Kansas wants to call up a bill that I think ought to be disposed of.
Mr. RAMSEY. I insist upon my motion. The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnpasrfsr, May 24, 1866. The House met at 12 oclock m. The Journal of yesterday was read and approved. PREVENTION or CHOLERA.
Mr. ELIOT. I ask the unanimous consent of the House to report from the ComCommerce a JtResolution (H.R.No. 116) to prevent the introduction of the cholera into the ports of the U.S., with the amendments of the Senate thereto; and I ask the concurrence of the House in the amendments.
Skip Skip No objection was made, and the report was received, and the amendments of the Senate were concurred in. Mr. ELIOT mtRtv the amendments were concurred in; upon the table. The atter motion was agreed to. LYING IN HOSPITAL.
Mr. WELKER, by unanimous consent reported back, from the ComDistCol, bill of the Senate No. 167, to incorporate the Womens Hospital Association of the DistCol, with several amendments.
Skip Skip The amendments were agreed to. The bill was then ordered to a3rd reading; and it was accordingly read the 3rd time and passed. Mr. WELKER mtRtv the bill was passed; upon the table. Agreed to. The title of the bill was then amended so as to read, “An act to incOr orate the Columbia Hospital for, Women and ying in Asylum.” LUCINDA GATES.
Mr. TAYLOR, by unanimous consent, reported from the ComInvalidPens a bill for the relief of Lucinda Gates; which was read a.1st and 2nd time. The bill was read at length. It directs the SecyInterior to place the name of. Lucinda Gates, widow of the late Horace Gates, of Franklin, Vermont, on the pension roll, at the same rate of pension during her widowhood, from the death of her husband, as was allowed her by special not approved July 4, 1864.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordin I read the 3rd time and passed. Mr. TKTLOR mtRtv the bill was passed; on the table. Agreed to. MONTANA A SURVEYING DISTRICT.
Mr. STROUSE, by unanimous consent, reported back from toComTerritories House bill No. 466, erectin the Territory of Montana into a surveying district, and for other purposes.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordin I read the 3rd time and passed. Mr. STROUSE mtRtv the bill was passed; on the table. Agreed to. INDIANA AGRICULTURAL COLLEGE On motion of
Mr. BIDWELL, the ComAg was discharged from the further consideration of the petition of the trustees of Indiana Agricultural College, asking a modification of the laws of Congressance of the plants, an donating lands for said college, and the same was referred to the ComPubLands. AGRICULTURAL BUREAU.
Mr. BIDWELL, by unanimous consent, made an adverse report upon a resolution in regard to the expediency of removing the Dept of Agriculture to one of the western States; which was laid on the table, and ordered to be printed. PLANTS DONATED DY FREDERICK PECH.
Mr. BIDWELL, by unanimous consent, reported back from the ComAg Senate JtResolution NO. 74, providing for the acceptance of the collection of plants tendered by Fredericl: Pech, with a recommendation that the same do pass. The JtResolution provides for the accept appropriates $300 to enable the ComrAg to procure suitable cases for their protection.
Skip Skip The JtResolution was read the 3rd time and passed. Mr. BIDWELL mtRtv the JtResolution was passed; on the table. Agreed to. JOHN MOORE, DECEASED.
Mr. MYERS asked and obtained leave to withdraw from the files of the House the petition and apers in the case of the representatives of ohn Moore, deceased.
Mr. GARFIELD demanded the regular 0rd of business.
The SPEAKER stated the morning hour had commenced, and the House resumed the consideration of House bill No. 613, to continue in force and amend an act entitled “An act to establish 3. Bureau for the Relief of Freedmen and Refugees, ” and for other purposes. the pending question was upon the motion of Mr. ELIOT to recommit the ill.
Mr. ELIOT. Mr. Speakcr, I had substan tially concluded yester ay the remarks which I proposed to make to the House in resenting this bill for their consideration. nd unless some gentleman upon this or the other side of the House desires to say something in regard to it, I will call the previous question.
Mr. STEVENS. I ask the Gentfrom Massachusetts [Mr. Enior] to withdraw his call for the previous question that I may offer an amendment.
Mr. STEVENS. I desire to oifer an amendment to the 6th section of this bill, which provides that upon the expulsion of these freedmen from the Sea Islands the Government shall purchase lands for them at a rate not to exceed 25 dollars an acre. Now, that is more than I think the Government can well afford to do down there, when we own the lands there, forfeited under the act of 1802. This land has already been taken possession of, and I deny that there is power in any officer of the government to restore it to its former rebel owners. I therefore desire to amend this section by striking out all after the words “the commissioner shall, ” and inserting the words “ refuse to surrender the same to them, they being forfeited to the U.S. by the former belligerent owners, and duly allotted to the freedmen.”
Mr. ELIOT. I cannot yield for that amendment, and I will state why. If it be correct in oiut of law, as my friendfrom Pennsylvania Mr. Srnvsss] supposes that the lands which have been assigne l GenlSherman s order have been so forfeited that they now belong to the U.S., then there will be power, without purchasing an lauds under this section, to 0. 0t to the recmen such of these lands as may be needed. If, on the other hand, there shall appear that the law is not as my friend supposes, unless this I will hear the amendment to these freedmen under provision is made the result will be that when the restoration shall have been completed which has been commenced there will be no power to protcct or provide for these freedmen in the State where they belong, although they now occupy allotments made to them by the government of the U.S., and have occupied them up to the present moment.
Mr. STEVENS. y the provisionsof this bill there is to be no opportunity to test the question of the legality of the title to these lands. The section says, “that whenever the former owners of lands occupied under GenlSherman s field order, dated at Savannah, January 16, 1865, shall apply for restoration of said lands, the Commissioner shall procure other lands by rent or purchase, not exceeding 40 acres for each occupant, ” provided they can be bought for 25 dollars an acre. Therefore the moment these former owners apply the lands are to be restored, without ever testing the question of right, and drive off the 6,000 freedmen who are on them, and we are to buy other lands for them at 25 dollars an acre.,
Mr. ELIOT. No, sir; the gentleman has not carefully examined this section, or he would have found that it is not open to that criticism. If the lands, as the gentleman believes, belong to the U.S and should be allotted to the men who are there upon those lands, these men would have a perfect right to test the title. No power can prevent them from contesting, if they desire to do so, the right of any claimant who should present himself in opposition to them. All that this section provides is that before the restoration shall bemade the allotment of these lands shall be substituted.
Mr. STEVENS. Does the gentleman mean to say that ifthis bill shall become a lawitwill not require imperatively the surrender of those lands?
Mr. ELIOT. Why, sir, nothing can be done here that will come between the men who are upon those lands and their rights. The Gentleman says that the bill contains no provision for testing the law. I say that no power of this Congress can prevent those men from testing the law.
The SPEAKER. The hour of the Gentfrom Massachusetts [Mr. ELIOT] has expired. The Gentfrom Pennsylvania [Mr. STEVsss] is recognized as entitled to the floor.
Mr. STEVENS. I want to suggest that those are lands belonging to the U.S., and if the U.S. orders them to be surren dered, they must be surrendered, and there is no court that can prevent it. But if you allow the law to stand as it now is without any such provision as this bill proposes, and if that is Tend forfeited to the U.S., as I contend, there is no individual, however high in power. who can divest the U.S. of. that land and restore it to the former rebel owners. But Congress, being sovereign, has the right to give away the lands of the U.S.; and as the freedmen hold those lands only by the permission of the U.S., they hold subject to the provisions of U.S. law. Mr. Speaker, I will now move the amendment to which I have referred.
The SPEAKER. A motion to recommit is pending, and prevents any amendment from being olfered, unless the Gentfrom Massachusetts [Mr. Euror2l withdraws it.
Mr. STEVENS. the gentleman had better give us an opportunity to test this question. I want to vote for this bill; but I never can vote for it with the 6th section in its present form.
Mr. ELIOT. I will withdraw the motion to recommit, and give the gentleman an opportunity to offer his amendment.
Skip Skip Mr. DAVIS and others addressed the Chair. The SPEAKER. Does the Gentfrom Pennsylvania yield? If so, to whom? Mr. STEVENS. I cannot yield. I have no power to do so. On 2nding the call for the previous question, there were ayes 24, noes 48; no quorum voting. The SPEAKER, under the rule, ordered tellers, and appointed Messrs. ELIOT and T.IY Lon. Mr. DAVIS. I desire to inquire of the Chair whetherif the previous question he voted down the bill will be O on to amendment. The SPEAKER. An amendment to an amendment is ending. An amendment can be offered to that amendment; or when that amendment is disposed of, another can be offered. The House divided; and the tellers reportedayes 44, noes 54. So the previous question was not 2nded. Mr. DAVIS. I demand the previous question on the pending amendment, in order that I IllFty have an opportunity to move one my se. The previous question was 2nded and the main question ordered. The question recurred on Mr. Srsvsiiss amendment. Mr. RANDALL, of Pennsylvania, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 79, nays 46; not voting 58; So the amendment was adopted. During the vote, Mr. CULLOM stated that his colleague, Mr. Onin, was absent on account of illness. The vote was then announced as above recorded. Mr. STEVENS mtRtv the amendment was passed; upon the table. Agreed to. EQUALIZATION of BOUNTIES.
Mr. SCHENCK. The Gentfrom NewYork [Mr. Davrs] yields to me. I ask this courtesy because it is in relation to a matter in which the House take a deep interest. The ComMilAffrs have carefully revised the bill to equalize bounties of soldiers and sailors, and have directed me to report it back to be printed as revised, and recommitted to the committee, in order that tomorrow, after the morning hour, I may again report it back and call for the action of the House. It was ordered accordingly. rnnsminus BUREAU AGAIN.
Mr. ELIOT. now call the previous question on the amendment and on the bill.
Mr. ROGERS. I be c the gentleman will not undertake to run this bill through so rap idl.
Mr. LAWRENCE. of Ohio. I hope the previous question will not be sustained.
Mr. ROGERS. I hope that gentlemen on the other side, in their magnanimity, will vote down the previous question.
Mr. ELIOT. I withdraw the call for the previous question.
Skip Skip MESSAGE FROM THE snxiirn. A message from the Senate, by Mr. Fouxnr, its Secretary, informed the House that the senate insisted on its amendments to the bill of the House (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, disagreed to by the HoRep, an agreed to the conference ased by the House on the disagreeing votes of the 2 Houses therou, and had appointed Messrs. Kiiixwoon, llVii.sos, and DAVIS conferees on the part of the Senate.
Mr. BRANDEGEE. I yield to the Gentfrom Pennsylvania [Mr. SCOFIEID] for thrilpurgose of otlerinw an amendment.
Mr. COFIELD. I move to amend the 7th section of the bill by striking out the following words and shall provide propersites and buildings for purposes of education whenever such association slisll without costto the Government.provide suitableteachers and means of instruction and he shall furnish such protectionasmaybe requiredfor the safc conduct of such schools and said property shall be and remain the property of the U.S. until salesthereof shall be authorized by law and inserting in lieu thereof the words “and afford them all properprotection. The amendment simply strikes out that portion of the section which authorizes the purchase of buildings for schoolhouses.
Mr. BRANDEGEE. I will now yield the floor to the Gentfrom Ohio, [Mr. SHELLABARGER, who desires to offer an amendment.
Mr. SH LIniBARGER. I move to amend the 6th section, as amended, by adding at the end thereof the following proviso: Provided. That nothing herein contained shall be construedto affectthe right of any personto recover in the proper court an title or right of possession which such personmay have in any of the land held under such field order.
Mr. BRANDEGEE. Mr. Speaker, I have not been convinced by anything that has been said in this debate or anything that I know of in the existing situation of affairs of either the necessity or the policy of passing this bill at this time. We have now a commission, a board of officers, sent down by the POTUS to inspect the operation of the existinglaw; and this House, and I presume I anticipate not rashly when I say the other House, will concur in it. Congress have authorized a committee of the 2 Houses also to go into the southern.States and inspect the operation of the existing law in reference to his subject. Now, it seems to me that we cannot much more intelligently on this subject at the short session of this Congress, after hearing the reports respectively of the board of officers sent by the resident and of the committee of the 2 Houses. We can then know precisely what thooperation of the present bureau system is; what its hardships are, if any; what its benefits are, if any; and what modifications and alterations orimprovements legislators acting here for the whole country ought to adopt. Without reference, therefore, to the special merits of this measure. but with reference to policy and to the fact that we can act more intelligently upon the reports to which I have referred, I move to postpone the bill and the pending amendments until the 2nd Monday of December next and upon that motion I demand the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. ELDRIDGE demanded the yeas&nays on the motion to postpone. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 51, nays 81, not voting 51; So the motion to postpone was not agreed to. Mr. ANCONA. My colleague, Mr. BOYEH, is aired with Mr. Cosxuxc. Mr. Burns. would iave voted to postpone had he been present. Mr. CHANLER. If I had been present whenJny name was called, I should have voted a The SPEAKER. The morning hour has expired, and this bill accordingly goes over till next Tuesday., On motion of
Mr. ELIOT, the bill, with the pending amendment, was ordered to be printed. REAPPRAISEMENT OF LANDS 1N OHIO.
The SPEAKER laid before the House a communication from the SecyInterior, transmitting papers in regar to the reap praisement of certain lands in Ohio, pursuant to the authority of the JtResolution approved May 5, 1866; which was laid on the tagib, and ordered to be printed. HENRY P. BLANCHARD.
Mr. McRUER, by unanimous consent, introduced a bill for the relief of Henry P. Blanch ard, which was read a 1st and 2nd time, and referred to the ComForAffrs. FOREIGN MAIL SERVICE.
Mr. SMITH, by unanimous consent, introduced a bill to amend the act providing for carrying the mails from the U.S. to foreign orts, and for other purposes; which was read) a 1st and 2nd time, and referred to the ComPostOffice. EVENING SESSION DISPENSED WITH.
Mr. STEVENS. I move that the evening session for today be dispensed with.
Skip Skip The question was taken; and upon a division there were ayes 64, noes 44. So the motion was agreed to. TAX 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 itselfinto the ComWhole on the state of the Union, (Mr. Diiwss in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) 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 mm 30, 1804, and acts amendatory thereof.
The Clerk read as follows: That section 163 be amended by striking, out all after the enacting clause and inserting in lieu thereof the following: itnhga.t oh repraepaeftrerrenqoudireeed by instrument. Document writlaw to be stamped, which has been signed pr issued Without beiag duly stam ed or With a deficient stains. nor any oopy thereof is all he recorded or admitte or usedas evidence in any court until a legal stamp or stain s. denoting the cunt of duty shall have been a xed thereto by O collector. as prescribed by law: Provided. That any rowerof attorney. conycyaaco or document of any ind, madeor purportin to b8 !llld6lll any foreign country to he used in t ic U.S., shall pay the same duty as is required by law of similar instruments or documentswhen made or issued in the U.S.; and the party by whom thosiiinc is issued or by whom it is to be used shall. before using the same affix thereon the stamp or stamps indicating the duty required. No amendment being offered,
The Clerk read as follows: Thatsection 165 amended y striking out all after the enacting clause and inserting in lieu thereof the following: that if any person. firm. company or corporation shall make srrcupgusr.em. aenddicsienlel.so. pr rreempaorvaeti of nosrc.oenosmupmopstitioionnosr. s articlcs or things. including perfumery. Cosmetics luch for or friction matches.cigar lights or wax tapers. photographs. ambrot pes. dagucrreoty cs, or other sun pictures of any escription and p aying cards and alsoincluding groundor preparedmustards.wet or diy.presorved meats.fish.sliell fish, fruits. vege tables, sauces. SIHIBSJIUHS and jellies.whsn packed or sealed in cans. ottles or other single packhges and ground coffeeand proud pepper.Cayennepep per. pimento. cloves.c ovo tems. mace. cinnamon. caiwia. ginger and other spices and all compounds of mustard or coffee or spices.around or adulter ated or mixed with other materials and all articles and mixtures ground or prepared for sale. intended for use in the adulteration of mustard or coffee or spices or for tise itsasubstitutefor mustard or coffee or spices.whether of domestic manufacture or imported. upon which a duty is imposed by law. as enumerated andmentionedin scheduleo. without affixing thereto an adhesive stamp or label denoting the duty beforementioned.be or they shall incur a pen alty of 50 dollars for every omission to atlix such stamp; and for each and every omission to atfix theretothe nameor trademark of themanufacturcr. togetherwith the name of the article and the quantity therein contained when such packages consist of ground coffee or O ground mustard.wot or dry. orofground pepper Cayenne pepper pimento cloves. clove stems.mace.cinnamon. cussia.ginger or other spices or of compounds or substitutes for coffoc or mustard or spices he or they shall incur a penalty of 50 dollars.
Mr. MORRILL. I move to amend the sentence now reading, “ and also including ground or prepared mustards, wet or dry, ” by striking outd the words “ground or” and the words " wet or ry. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the followmg: and around cotfcc and ground pepper. Cayenne pepper.pimento.cloves, clove stcms.macc.cinnamon. enssia.ginger and other spices and all compounds of miistard. orcoffeo.orspices.groundoradulteratod or mixed With other materials and all articles and I tl!l08 ground and prepared for sale. intended for usein the adulteration of mustard or coffcc. ors ices. 01"fo1use as a substitute for mustard or co on or spices. The amendment was agreed to.
Mr. MORRILL. I move to amend the sentence “ upon which a duty is imposed bylaw” bIty inserting the words “ or tax” after the word duty." The amendment was agreed to.
Mr. MORRILL. I moveto amend the sentence “an adhesive stain or label denoting the duty before mentione by striking out the word “dutyI and inserting the word “tax.” The amendment was agreed to.
Mr. MORRILL. I move to strike out the following at the end of the paragraph: and for each and every omission to aliix thereto the nam oor trademark of the manufacturer, togetherwith the nameof the article and the quantity tghreoruenidn contained. when such packages consist of of grounod of pepper. oCfagyreonunnedmustard.wet or dry, or pepper, pimento, cloves. li se ploicveess.toermosf.mcoamnpeo.cuinnndasm.oron. eassja.gin sr.er other substitutes or coffee or mustard or spices.he or they shall incur a penalty of 50 dollars. The amendment was agreed to.
Mr. MORRILL. The Gentfrom Pennsylvania [Mr. Mvnns] has succeeded in repeating his speech much better than I can repeat mine. do not perceive that he has presented any new argument. These photographs are a very fruitful source of revenue; and I trust that we shall not change the law in a way to cut off a large portion of the revenue we now receive. The amendment was agreed to.
Mr. MORRILL. I suppose it is the understanding that we may go back to adopt an amendment imposing an advalorem duty as proposed by the Gentfrom Pennsylvania.
The Clerk read as follows: bTyhsatrtiskoinctgion 169 be amended outall after the enacting clause and Il se rtin in lieu thereof the followmg: that any person who shall offeror exposefor sale any of the arti elcs named in schedule 0 or in any amendments therebo. Whother the articles so offeredor expose dalo imported or are of foreign or domesticmanufacture shall be deemed the mapufaeturer thereof and sph ject to all the duties. liabilities and penlaties imposed bylaw in regard to the sale of domesticarticleswithout the use of the properstampor stamps denoting the tax paid thereon and all such articles imported or of foreigu may nufactures.hall. in addition to the import duties imposed on the some be subject to the stamp tax. respectively. preserib in scheduleC. as aforesai. No amendment bein offered, I
The Clerk read as follows: That schedule B. preceding section 171, be amende by striking out all the paragraphs relnting to "gaugers returns"and “meas urers returns;" and by striking out all from "re cci is for the payment of any sum of money.” down to weighers returns. if for a weight.not exceeding 5,000 pounds.ten cents; exceeding 5,000 pounds. 25 cents.” inclusive and in se rting in lieu thereof the following: "receipts for any sumof money, or for the payment of any debt. exceeding 20 dollars in amount. not being far the satisfaction of any mortgago or judgment 1 decreeof anycourt or byindorsementonanystamped obligation in acknowledgment of its fulfillment. for eachreceipt 2 cents: Provided. That when more than one signature is allixed to the same paper. one or morestamps may be afiixed thereto representing the whole amount of the stamp require for such signatures.”
Mr. HOLMES.ing the following: That schedule 13.preceding section 170jone. be amended by inserting immediately preceding the proviso relating to stamps on mortgages the iollowmg: Upon any assignmentor transfer of a mortgagethe samestampduty upon the amountremaining thereon as is herein imposed upon a mortgagefor the same amount. Also. strike out the words“ mortgage or" in said proviso. The amendment was agreed to.
Mr. HOTCHKISS. I move to strike out the following: recci is for any sumof moncy or for the payment of any cbt exceeding 20 do hits in amount. not being for the satisfaction of any mortgage or judgment or decreeof any co urt or by indorse ment on any stamped obligation and acknowledgment of its fulfillment. for eachreceipt two. Mr. Chairman, the object is to relieve all receipts from stamps. 1 think the inconvenience to the public is greater than any benefit to the revenue. I think we might make that small amendment in this schedule. It is a great annoyance to busine5s men and to farmers, and to the great mass of men who do not carry stomps with them. Sometimes they want to give receipts and do not have stamps, and cannot procure them. The revenue is not so great as to require that the public should suffer this anno ance.
Mr. MORRILL. The gentleman does not accomplish his purpose. am opposed to his object as well as to the method he has adopted of carrying it out. This strikes out the stamps upon receipts on property and leaves only those on receipts for money. I will say to the committee, I see it is almost useless to resist the reduction of taxes in any direction. This is also a fruitful source of revenue. Last year it exceeded $300,000 amonth, The Chair so under I move to amend by insert and we cannot afford to have it up, especiall with the limitation here on y to amounts exceedIing 20 dollars. The amendment was disagreed to.
Mr. PRICE. Imove to add the followin.at the end of line 2900 an 20: Provided further That all stamps upon checks. notes. receipts. bills of exchange. certificates and contracts of ten cents and less be dispensed with and abolished after the lst day of October.1866. Mr. Chairman, the object of that is to get rid of the small stamps. Every gentleman here knows they are a scarce of great annoyance and perp exity, while they are not the source of much revenue. I do not propose to abolish stamps upon receipts or any ind of paper, but these small stamps. I want to get rid of ti se small stamps. It is not the amount the geople pay, but the trouble of having to keep them constantly on hand. I have heard of but one opinion all over the country, and that is, we should get rid of the annoyance of these small stamps. I think the committee will be preared to vote for the amendment.
Mr. MORRILL. I shall be much surprised if they are. The small stamps are the ones least complained of.
Mr. HALE. What proportion do the returns from small stamps bear to those from large ones?
Mr. MORRILL. They are the largest, ten times more than from large stamps. The inconvenience which existed when the law was 1st enacted no longer exists. Men are as much accustomed to have these stamps in their pockets as to have postage stamps. I have in? idea we will surrender the system of stamps for many cars. It is a tax we can much better affor than any other. The amendment was disagreed to.
Mr. MYERS. I move to insert on page 88, line 1978, the fIollowing: Photographs. ambrotypes and dagnerreotypes and other pictures taken by action of light. not herein aftlgr exempted from tax. a tax of 5%. ado“ rem. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out all of the pamgrn h after the Word “sold, ” in line 2930, and inserting in lieu thereof the following: Or offeredfor sale or removedfor consumption in the U.S. on and after the 1stdayof October. 1853w6.heresuch can. bottle or other single package. weights. oenoencteenntt:sw.shhearlel snuoctheeaxncebeodtttl we.oorpootuhnedrssi nin gle package with its contqqtsmhallexceedtwopounds in weight or every additional pound or fractional part thereof, one cent. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to insert after the word “ amended” in line 2921 the following: Btrike out the paragraph relating to cigar lights and wax tapers and insertin lieu thereof the following: On cigar lights. whether made in whole or in art of woo. Glass papor or other material. in pares s or packagese ontaining 25 lights in each percel or package.onecent: when in parcelsor packages containing more than 25 and not morethan 50 lights. 2 cents: for every additional 25 lI.ghtsor fractional part oft atnumber, one cent additional and
Mr. RANDALL, of Pennsylvania. I ask leave to go back to add the following in relation to railroad passes, at the end of the para graph, on age 126, after line 2920:, On all free trip passesover any and every railroad conveying passengers by steam there shall be af fixed on each a ton cent stamp. On all six month free passesover such railroads there shall be affixed on each stamps mounting to doll llll yearly free passesover such railroads there shrillly be afiixed on each stamps amounting to 5 O ans. All stamps so affixed to be effaced with initials of the holder of such free passes.
Mr. MORRILL. I hope the Gentfrom Pennsylvania [Mr. Srsvsxs wdl allow his colleague to offer this amendment. He gave notice and it was only by accident that it was not offered at the right time.
Mr. ALLISON. I move to amend by striking out the words “ not exceeding one moiety" in line 2996, and to insert aftciIthe word “provide” in the next line the words “not exceeding one moiety nor more than $6,000 in anyone ease;” also to insert after the word “person ” in line 2998, the words “ to be ascertained by the court;" so that it Will read: and where not otherwise herein provided for such shareas the SecyTreasury shall by General regulations provide. not exceedin one IliOHly nor more than $5.000in anyone case, shall be to the useof the person.to be ascertainedby the court. who shall 1st inforiii of the cause.matter or thing, Ste. The amendment was agreed to.
Mr. ALLISON. I move to strike out after the word “informer” in line 3004, down to and including the words “district attorney” in line 3006, and insert in lieu thereof the followmg: The ComrIntRev subject to the approval of the SecyTreasury and under such general regulations as the said Secretary shall prescribe, upon application. It will then read: and when any sum is paid without suit or before judgment in lieu offine . penalty or forfeiture and a share of the same.is claimed by an urson as informer. the ComrIntRev subject to the approval of the SecyTreasury and under such general regulations as the said Secy shall prescribe. upon application shall determine. c. The amendment was agreed to.
Mr. ALLISON. I move further to strike out the 1st proviso embraced in lines 3011, 3012, and 3013, and the words, “and” and “further” in the 2nd proviso. That is embraced in the amendment just made. The amendment. was agreed to.
Mr. ALLISON. I move nowto strike out all after the word “provided” in line 3014 down to the word " exceptions” in line 3020, as follows: That no collector. deputy collector. assessor.ns sistant assessor. Revenue agent.revenue inspector, or other officeror person connectedWith the Treasury Deparment or an of the branches thereof shall be cumly to or receive or shall be interested in any share allowed to an informer under the internnlrev enue law: and if any personcomingWithin either of theseexceptions and to insert in lieu thereof the following: That no revenueofiieer or other person connected with or in the employof the Treasury Dept, or any branch therepf shall be entitled to receiveor shall be interestedin any share allowed to an in former under the internalrevenue law in any case with which such revenueofheeror other person as aforesaidshall be hereafter in any manner officially connected unless such share shall be recovered by the judgment of a court of competent Jurisdiction and if any such officeror personasaforesaid and also to insert after the word “share” in line 3025 the words " as herein before provided.” The amendments were agreed to.
Mr. ALLISON. I move to strike out the words, “and the ComrIntRev, under regulations to be prescribed by the SecyTreasury, shall be, and he is hereby, empowered to compromise any case where the amount involved shall not exceed the sum of $500, ” and to insert in nonthereof the following: Provided further. That the ComrIntRev subject to the approval of the SecyTreasury and under such regulations iis the said Secretary shall prescribe shall be and is hereby. authorized and empoweredto compromise any case not pending in a court. or if pending. with the approval of the court having Jurisdiction of the case. The amendment was agreed to.
Mr. ONEILL. I move to insert after the word “paid” in line 3008 the following: and thatin all cases of seizure or suit. under an act entitled "An act to provide internnl revenue to support the Government. to pay interest on the public ebt and for other purposes.approvedJune, 1804, or an supplement or supplements thereto. a sale shall be or ered by the properauthorit. the U.S. marshal of the district in which such sole shall be ordered shall be authorized to employ an auctioneer, and to payhim out of the proceedsofsneh sale a commission not excelding 2 and onehalf%. on the grossamount of such proceeds. The object of this amendment is to remove a difficulty which occurs in some of the circuit and district courts. There is a difference of Opinion between the judges of the circuitcourts. In NewYork and Massachusetts and Maryland the judges invariably allow the marshal to have a commission on selling, or in other words, to employ an auctioneer who is skilled in selling, whereby the Government is benefited. In the courts of Pennsylvania the judges have generally thrown out these charges in the bills of the marshal.
Mr. ALLISON. Let me suggest to the Gentleman that this amendment ought not to be inserted here. It would properly come in in section 14 or section 20 or section 28. I presume there will be no objection to oing back and considering this subject her cailer. Section 14 has been reserved for future consideration, and the Gentleman can offer his amendment to that section.
Mr. ONEILL. I withdraw my amendment for the present.
Mr. WILSON, of Iowa. This section has been so modified by the amendments offered by the committee, that I am not certain whether the portion I propose to amend remains in it. I move, however, to strike out the following words: It is! herebg declared to be the true intent and meaning of the present and of all previous provisions of internalrevenue acts granting sharesto in formers, that no right accruesto or is vested in an informer in any case until the fine. penalty or forfeiture in such case is fixed byiudguient or compro mise. at which time the informer shall becomeentitled to his legal share of the amount so adjudgedor agreedupon. I find that this proviso is made retroactive, and I should like to know why that is done. I believe that there are some cases of claims of informers pending against the Bureau of Internalrevenue where very unfortunate comromises have been made by the Dept. believe there is one in which the informer, residing at Buffalo, NewYork, is interested, and in which he claims $100,000 as his share of the penalties. That case, I believe, was settled by the Dept in such a way that it resulted in a loss to the Government of about 100,000 dollars, and the informer gets nothing at all, although he ircsented the case in such a manner that all the facts were developed and the fraud of the parties was established. Now, if this provision is for the purpose of covering up these unfortunate acts of the Dept to the detriment of those who have ferreted out these frauds. then I think it should be stricken out, or at least so much of it as is retroactive.
Mr. ALLISON. So far as I understand this provision, it is not put here for the purpose of covering up any transactions of the apartment; but it is for the purpose of making that a part of the law which is now a matter of construction in the Internalrevenue bureau. They have been very much annoyed by informers, by collectors and assesSors who assume to be informers, who come in and prevent adjustment in proper cases by saying that they have an interest in the question of compromise and adjustment.
Mr. WILSON, of Iowa. I will ask my colleague [ML ALLISON] whether the informer in the case to which I have referred has prevented the adjustment or settlement of that case.
Mr. ALLISON. I am not familiar enough with the case to know whether or not the informer did prevent the adjustment of that particular case.
Mr. WILSON, of Iowa. been adjusted? Has not that case
Mr. ALLISON. I know it has been adjusted, but I do not know whether or not the informer in that case objected or assented to the settlement. But I know he now claims as his moiety the sum of $160,000, when it was settled by the Government receiving, I believe, only $200,000. Now, the object of this para graph is to leave this question of settlement an compromise to the courts and the ComrIntRev and the SecyTreasury, where it properly belongs, an whatever rights may hereafter accrue, or have heretofore accrued, shall be adjusted and settled without any collector or informer interfering with the question of adjustment, settlement, or suit, after the question is adjudicated either by the court or the Commissioner, with the approval of the SecyTreasury. I believe it is a just and proper provision, and should be retained in the b l for the reason I have stated.
Mr. WILSON, of Iowa. After the expla nation of my colleague, [Mr. ALusos] which I think is entirely satisfactory to the committee, and I have no doubt will be to the Dept, I will withdraw my amendment.
Mr. ROSS. I move to amend this para graph by adding to it the following: and provided/Yum". That no person shall be convicted on the testimony of an informer, unless the material part of his testimonyshall be corroborated by other testimony. I am opposed to this system of hiring in formers; it is bad policy, it is a bad practice, and I think it will have a bad tendency. Iam very much surprised that the committee should propose to inaugurate a system of that kind, and have paid informers, interested in large amounts, to testify against individuals for the purpose of procuring their conviction. The true theory is that the witness should stand impartial in ving his testimony before a jury; that is the ofil doctrine, the one adhered to in the old maxims of law. But by this provision we are ignoring this old fundamental principlo, and making it the interest of an individuall to peijure himself in order to convict someperson that he may pocket the amount given as a bribe for the perjury. I can never give my assent to any system of that kind. 1 do not think these persons should be convicted unless the can be convicted as other persons are by air and impartial testimony. without hiring men to swear againstthem and making it their interest to perjure themselves in order to convict somebody.
Mr. ALLISON. This provisionis just what it is in the present law and the jury will be able to judge of the testimony of the informer, just as they do of the testimony of other persons. The amendment was not agreed to.
Mr. thAYEH. I wish to call the attention of the ComWays&Means to the fact that the modification which has been adopted on the suggestion of the committee with reference to the power given to the ComrIntRev to compromise renders some action necessary in regard to another section of the old law. The 44th section of the act of 1865 gives the Commissioner a general power to compromise in all cases.
Mr. ALLISON. We have alreadyamended section 44 and stricken out everything with reference to the power of the Commissioner to compromise. Everything upon that subject is now embodied in the provision just udo ted. Mr. THAYER. Then it is all right.
Mr. HALE. I move to amend by adding at the end of the paragraph the following: Provided. That wheneverin any action for a pen alty the informer may be a witness for the prosecution. the party against whom such penalty is claimed may be and shall be. admitted as a witness on his own behalf. This amendment will brin our law into conformity to the statutes alrea y adopted by several States in reference to civil actions. I think the proposition will commend itselfto the favorable consideration of every member of this committee. It seems to me palpably unjust that an informer who is directly mterested in the recovery of the penalty should be a witness to enforce that penalty, while the party against whom it is claimed is precluded from bein a witness. I have no Sesire to shut out ihe informer, provided the party against whom the penalty is claimed can be admitted. The amendment refers simply to civil actions for the recovery of a penalt.
Mr. ALLISON. If it up lies only to civil suits, I see no objection to teamendment.
Mr. HALE. The language is, “in any action for n penall.”
Mr. HUBBARD, of Iowa. I move to amend the amendment by inserting before the word “action” the word “civil.”
Mr. COOK. I would like to inquire whether this is not the law now; whethQ we have not already enacted that all parties may testify in civl suits in the U.S. courts. ALLISON. That is the law now, I think, in such States as permit parties to tes tify; but where the State law prohibits parties from testifying I believe they are not permitted to testify in the U.S. courts.
Mr. COOK. I think thereis no such restriction. I am sure that in my own State every body testifies in the Federal courts, while in the State courts no interested party is permit ted to testify. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to.
Mr. HOLMES. I move to amend by striking out the words “atany time, ” in line 3034, and inserting in lieu thereof the words “and when paid or collected;" so that the clause will read: and when paid or collected the informer shall become entitled to his legal share of the amount soadjudgedor agreedupon. The amendment was agreed to.
Mr. MYERS. If the committee will give its consent to revert to a paragraph already passed, I move to amend by inserting after line 2920 the words “that schedule C be amended by striking out the aragraph in relation to photographs.” T iere was no objection, and the amendment was agreed to.
Mr. PAINE. Imove to amend by adding at the end of the paragraph the following: Every person who shall receiveanymoncy or other valuable thing under a threat of informing or as a considerationfor notinforining ainst unyviolalion of this act, shall unconviction t iercof, bepunished by a fine not exceeding $10,000or by imprisonment not exceedingoncyear or both, at the discretion of the court, with costsof prosecution. I have observed, Mr. Chairman, that in the operation of the law now in force, there has grown up among a very disreputable class of men a practice of hunting out ittle infractions of the law or little delinquencies; and not content with hunting out otfenses actually committed, they ofien bring about of offenses by their own acts.theylhpeenrpehtraavtiinegn accumulated evidence against persons who have either deliberately or unintentionally violated the law, they make a speculation for themselves by a compromise, in virtue of which they agree for a consideration to with hold the information which they might give. This practice is a source of great vexation to citizens of the State in which I bile, and has brought our internalrevenue law into great disfavor among the people. This, I believe, might be obviated by some such provision as that which I propose.
Mr. PAINE. Then I modify it so as to make it $2,000. The amendment was adopted.
The Clerk read as follows: $156.10A.mi heitfitrthermarlcri, That sectionstwo. 5. 8. 9, and 12 of the act entitled “ An act to amend an not entitled An act to provide internalrevenueto support the Government, to paw interest on the public debt and for other2puriioacs, approvedJune 30 1861."approved March, 1865, be and the sameare hereby. repealed.
Mr. MORRILL. I move to insert in line 2, after the word “9, ” the word "tea." The amendment was agreed to.
The Clerk read as follows: SEO.11. Abife: That from and attertho passage of t isact the articles and products hereinafter enumerated shall be exemptfrom internaltax or duty: animal charcoal or carbon. bees wax. crude or unrctlned. barrels and carks. other than those usedfor the receptionof fluids and packing boxes madeof wood.
Mr. MORRILL. I move to insert “ match boxes made of wood or paper."
Mr. THAYER. Are these considered as separate paragraphs, and open to amendment as such?
Mr. HOOPER, of Massachusetts. I move to insert after the word “wood” the words “boxes of wood or paper for friction matches, cigar lights, and wax tapers."
Mr. MORRILL. I accept that as a modification of my amendment. The amendment was agreed to.
Mr. DARLING. I move to insert “and bone buttons." If there is any propricty in exempting bristles we should a so exempt bone buttons.
Mr. MORRILL. I do not. like to say that. I do not care a button about this amendment, but if we exempt bone buttons the next member will get up and move to exempt ivory bnt tons and pearl buttons. I do not see why we should begin to exempt one without exempting all the others. The amendment was disagreed to.
The Clerk read as follows: Candle wickins. coflins and burial. cases.
Mr. STEVENS. Imove to insent “corks made of corkwood or bark." I willmention until lately these were made by hand. recently theingenious people of Connecticut have invented machines for the purpose. The corkwood and bark which are already heavily taxed come from Spain. The tax is injurious to the business.
Mr. MORRILL. These articles are not of such recent introduction. Machinery has beenion used in making them. They have been made in this country since the tariti" of 1861, when the duty on cork was raised. The amendment was disagreed to.
The Clerk read as follows: Crucibles of all kinds; crates and grain orfarm basketsmadeofspliats; crutchesand artificial limbs, eyes and teeth; (leerskins. dressed or smoked; feather beds. mattresses.palliasse s. bolsters and pillows; fertilizers of all kinds; flasks and patterns used by founders.
Mr. BERGEN. I move to insert “retorts made wholly or in part of clay.” Mr. Chair man, clay retorts are used in the manufacture of gas. Formerly they were imported, but lately they have commenced the manufacture of them in this country. They are the same articles as crucibles, and if they are not exempted they will not be able to compete with the foreign manufacture. “
Mr. DEIHING. I move to amend by adding retort courteous.” [Laughter] The amendment to the amendment was disagreed to. I The amendment was then rejected.
Mr. PRICE. I move to strike out line 19, which is “flavoring extracts, solely for cooking purposes.” I cannot see why flavoring extracts for cooking purposes should be exempt from taxation. hope these words will be stricken out.
Mr. HALE. I would inquire if this para graph affects the interest alluded to by the Gentfrom Connecticut, [Mr. Hunsaan] yesterda. [Laughter. 1
Mr. MORRILL. The Gentfrom connecticut [Mr. Hunnxnn] is present, and is of age, and he can answer for himself. I should an ose he did not. I
Mr. Chairman, these articles are used in almost every kitchen in the country, and they were put on the free list merely because they are necessary articles in the rural districts. They may not be necessary in the cities where pineapples, lemons, and oranges can be obtained; but in the country districts flavoring extracts are almost indisensable. They are used very extensively in t to great Northwest. The amendment was disagreed to.
Mr. PRICE. I move to strike outline 20, which is “gold leaf and gold foil.” If we cannot tax gold leaf and gold foil, then I do not know what we can tax. I am at a loss to know why these articles should be exempt from taxation. That is all I have to say. I do not think any extended remarks are needed on this subject.
Mr. MORRILL. If there is any article upon the free list that ought to be exempted it is gold leaf. The workof manafacturing it is as hard as that of the common blacksmith; and yet, by the tax law as it now exists, if a man by the sweat of his brow hammers out what makes up a book of it, he has not only to pay a tax on the value of the labor, but also a tax on the value of the gold used in addition. Now, these men who manufacture it are employed at so much perbook; the gold is weighed out to them, and with hammer and anvil and gold beaters skin they do the work, for very small wages, and then are required to return the exact amount of the gold received without diminution.
Mr. PRICE. I would inquire of the gentleman whether the laborer pays the tax or whether it is not aid by the proprictor, by the dealer.
Mr. MORRILL. will state that the amount collected last year from this source throughout the U.S. was, I believe, less than $100.
Mr. PRICE. The gentleman does not an swer my question. It is not the laborer that pays the tax. The amendment was disagreed to.
Mr. PRICE. I more now to strike out line 21, which is “keys, actions, and strings for musical instruments.” All the machinery of pianos and other musical instruments is not presumed to be used by the poor or the middlin classes, but by the rich.
Mr. RANDALL, of Pennsylvania. The gentleman is interfering with the harmony of the tax bill. Laughter.]
Mr. MORRILL. I do not know that it is necessary for me to make any explanation of this para raph. It is designed merely to prevent the uplication of taxes. These parts of an instrument are made by one party and sold to the persons who manufacture organs used in churches and the musical instruments used in drawingrooms, and cspecially the instruments use by those who have our special regard those taken care of by the Freedmens Bureau. I trust that we shall let the tax stand as it is. The amendment was disagreed to.
Mr. MORRILL. I move to strike outlines 22 and 23, which are “ lamps and lanterns, the glass and metals of which have paid the tax assessed thereon.” I otfer that amendment for the reason that it would be almost impracticable to collect this tax. The amendment was agreed to.
Mr. ONEILL. I move to insert in line 24, after the word “ kinds, " the words “and mead;” so that it will read “ medicinal and mineral waters of all kinds, and mead, sold in bottles or from fountains.” The amendment was disagreed to.
Mr. DONNELLY. In line 26 Imove to insert, after the word “coal, ” the words “and peat;” so that the clause will read: “mineral coal and pest of all kinds.” The amendment was agreed to.
The Clerk read as follows: Oakumpaintings and statues and groupsof stat uary producedby artists as works of art.
Mr. HOOPER, of Massachusetts. I move to strike out the provision in regard to paintings, &;c., and to insert in lieu thereof the following: Original paintings. statues and groups of statu ary: and casts made thereof by the artist from the original design. The amendment was agreed to.
The Clerk read as follows: Photographs or anyother sun picture.being copies of enaravingsor worksof art. when the sameare sold by the producer at wholesale at a nice not exceeding ten centseach or are usedfor the illustration of books.andon photographssosmallinsilte that stamps cannot be aflixed.
Mr. MORRILL. In line 3twaI move to strike out the word “ ten” and insert “ 15.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to strike out the words “and on photographs so small in size that stamps cannot be affixed." The amendment was agreed to.
The Clerk read as follows: Paperof all descriptions books. maps.charts, and all printedmatter and hookbinding.
Mr. MORRILL. I move to amend that par agraph by inserting after the word “descriptions " the words “ except such asis manufacturedand used exclusively for wcaringapparcl. " The amendment was agreed to.
The Clerk read as follows: Productions of stereotypers. electrotypers, lithographers and engravrrs:repairs uf articlesotall kinds; starch; soap, valued at not above 3 cents per pound; umbrellasand parasols, and umbrella sticks.
Mr. MORRILL. I move to amend the last paragraph by striking out the word “umbrella” where it occurs before the word “sticks” and inserting the words “ framesfor the same.”
Mr. THAYER. I wish to make a suggestion to the chairman of the Committee of W aye and Means, and that is, that he add the words “and umbrella and parasol furniture.” There is included in that desi nation the small parts o“f the umbrella calle “ notches, ” and also handles” and “ferrules.” They are parts of the umbrella and parasol, and they are not parts of any other article which is taxed. If the gentleman wishes to extend this degree of favor to the manufacturers of umbrellas and rasols, it is perfectly properthat he should include all the parts of those articles.
Mr. DARLING. Why not say all parts of the umbrella?
Mr. THAYER. The articlesI s ak of are known to manufacturers as umbrel a and par asol furniture. They constitute the small parts or fixings of the umbrella. Now, the Gentfrom Vermont has put into this paragraph the “sticks” and the steel frames, which it was perfectly properthat he should do, because there is a.disrcimination against these articles under the present adjustment of the tariff of at least 40%. I hope the gentleman will agree to the amendment.
Mr. ONEILL. I ask my colleague to accept this amendment: and the ivory. bone and woodwork usedin making umbrellas. parusols and canes.
Mr. THAYER. Do not put in canes; they are luxuries.
Mr. MORRILL. The makers of umbrellas and parasols were quite content with the revisions in relation to umbrellas and parase s as it was originally arran ed. Since that time they have informed as t lat it would be a great favor if we would also exempt frames and handles. That exemption embraces the chief parts of the article; and, as we are not to get any revenue from the article when finished this seemed to the ComWays&Means 40 be a fail: provision, and one that gentlemen representing the interest should accept. I hope that we shall not introduce any such word as “fumiture” into this clause, which may be liable to all sorts of misinter pretation.
Mr. THAYER. I am sorr to hear from the Gentfrom Vermont t at.this amendment cannot be made with the present adjustment of the internalrevenue law and the tariff. That is a poor answer to make to a great industrial interest or even to a humble industrial interest. Now, I wish the House to understand exactly how it is in regard to this matter. By the existing tariff silks pay a duty of 60%, alpaca pays a duty of 50%., and fine ginghams pay a duty of about 50% and those are the mate rials which, as we allpknow, are used for the covering of umbrellas and parasols. The duty paid upon the manufactured article comilete, as it is imported into this country, is 35%. Now let gentlemen compare that duty with th. but which the manufacturer has to pay upon the raw material which he makes up into umbrellas and parasols, and they will see how injuriously this interest is affected by the total want of any properadjustment between the tariff and the internalrevenue laws. I suppose it was in consequence of this glaring injustice that the ComWays&Means prpposed to put this article upon the free list. at while they have at some of the arts of the article upon the reclist they dechne to put all the parts on. Now, I ask the ComWays&Means to tell the House what consistency there is in any such position as that. How are the consistent when they so they will put umbrella sticks upon the free ist, and will not put upon it the little steel notch which is put into the stick, by which the umbrella is held open or kept closed I How are they consistent when they put on the free list the parasol stick, and leave out of the list the little. iron ferrule that is put by the inun ufacturer upon the end of the stick? I hope there will be some degree of consist ency at least in legislation of this character. If the committee propose to give this article protection against the present ruine us discrimination, let them do it in good faith, and not offer a mere crumb when they profess to give a loaf.
Mr. MORRILL. I move proforme to strike Out “ umbrella sticks.” I find that members here are more eager for these exemptions than are the men who are engaged in the business. Those men have many of them been here and before the ComWays&Means, and they generally say that they will be content with any reasonable proposition, and they have professed to be satislie with most of the provisions of this bill. But when we get before the ComWhole, those members who particularly represent those manufacturers ask for a eat deal more than the manufacturers themselves ever thought of. Give an inch and they ask ayard. There is not a single article among all those which have been subject to taxation which has been treated with more favor than umbrellas and parasols and I trust this committee will not insert this mise ellaneous lun guage “furniture” whieh may mean one thing or another. If members are going to insist upon inserting every little article like tips, nuts, slides, springs, thread used in the manufacture of an umbrella, I shall be in favor of striking this all out“.
Mr. PAINE. I move to strike out this line, “umbrellas and parasols, and umbrella sticks.” I may be wrong in making this motion. But while what the Gentfrom Pennsylvania [Mr. Tnnsa] has said satisfies me that some provision should be made for this branch of manufacture in the tariff on imports from foreign countries, in my judgment nothing he has said has amounted to an argument in favor of placing this on the free list, in an act relating exclusively to internalrevenue. There may be some good reason why this branch of manufacture should be provided for in the tariff law; but why it should also be provided for in this free list I can conceive no good reason, and I have made this motion in the hope that the chairman of the ComWays&Means [Mr. MousiLL] will give us some good reason why in this internalrevenue bill we should make a discrimination in favor of this particular branch of manufacture.
Mr. IORRILL. I hope this line will not be stricken out.
Mr. ROSS. I hope it will be stricken out. Umbrellas and parasols are luxuries and should be taxed. [Lnughteu] The amendment of Mr. Pawn was not agreed to.
Mr. MORRILL. I withdraw my amendment to the amendment. the question recurred upon the amendment of Mr. nsvsu.
Mr. ONEILL. I move a substitute for the amendment of m colleague, [Mr. THAYBR] which I think will not meet the views of the chairman of the ComWays&Means, to add to this line, “and ivory, bone, and woodwork used in the making of umbrel las and parasols.” The amendment of Mr. ONEILL was not agreed to.
Mr. THAYER. I modify my amendment so as to add to this line the words “and umbrella and parasol handles, ferrules and notches.” When I proposed the words “umbrella and parasol urniture” I did so in perfect good faith, and I do not now conceive that the objection made by the chairman of the Committee of Way and Means to the use of those words is a tenable objection, that pessihly something might creep in which the words themselves do not import. But, sir, in order to obviate any possibility of mise onstrnction, I now propose the adoption of the words I have suggested, which are the desivnation of the small parts belonging to the umbrella and parasol. I hope that in this shape the proposition will meet the approbation of the comnnitce. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to.
Mr. ONEILL. I desire the unanimous consent of the committee to go back to line 24 and add
The Clerk read as follows: Value of bullion usediu themanufactureof wares, watches, and watchcases and bullion prepared for the useof platorsand watchmakers. VIDORHI.
Mr. ONEILL. I move to amend bing afterthe word “vinegar” the wor mead, and beers made of fruit." The amendment was not agreed to.
Mr. HOLMES. I move to amend by adding after the paragraph just read the words “ ashes, pot and pearl.” The amendment was not agreed to.
The Clerk read as follows: Steel, iningots, bars. sheet. plate. coil or wire hoopskirt wrre covered or uncovered, and steel springs and axles madeand used exclusively for vehicles.cars, or locomotives.
Mr. HUBBARD, of Connecticut. I move to amend by adding, at the end of the paragraph “clock springs and trimmings.” This motion is not made in the interest of the clock manufacturer. He often does and he always can, if he chooses, make his own springs and trimmings. When he does so he pays no tax at all upon those articles. He pays his tax upon the clock when it is perfected and sold. But there have sprung up in the country some 2 or 3 or 4 establishments which are devoted alone to the business of manufacturing clock springs and trimmings. Most of the clockmanufacturers make these trimmings for themselves, and thus ese ape the payment of any tax upon them. But, sir, if the tax upon these articles be continued, these small manufacturies of which I have spoken will all be broken down, because the clockmaker will not consent to be taxed upon his clocks and also upon the small articles which enter into their construction. Hence, rather than purchase these articles at a price enhanced by the iin position of the tax, the clock manufacturers will make the articles for themselves, as most of them now do. Hence the GOvernmentwill not realize a single dollar of revenue from this source, while these few small manufacturers who have undertaken to carry on this business by way of encouraging the division of labor will be driven out of the market and broken down. The main spring is the life and soul of the clock. The trimmings named in the amendment are the little ornaments intended to adorn a small time keeper, so as to make it more i“nsert and leasing and more acceptable to the ladies of Laucaster and other towns in the district Represented by our distinguished and not ungal lant friendfrom Pennsylvania, [Mr. Shavess] [Laughter] I hope the amendment will be adopted. It
Mr. MORRILL. If the gentleman will substitute some other lanvuage for the term “ trimmings” in his amendment, so as to make it more definite, I will not object to it. I suggest to him to make the amendment read “ springs, faces, and bands for clocks."
Mr. HUBBARD, of Connecticut. I modify my amendment in that way. The amendment, as modified, was agreed to.
Mr. MORRILL. I move to amend by striking out “ and steel springs and axles made and used exclusively for vehicles, cars, or loco motives, ” and inserting in lieu thereof the following: and carwheels, thimhle skcins and pipe boxes, and springs.tire and axles madoo steel used exclusively for vehicles, cars, or locomotives. The amendment was agreed to.
Mr. GRISWOLD. I desire to suggest to the ComWays&Means whether it is not proper to add after the amendment just adopted the following: Forgings of iron and steel, intended as part of machinery on which a tax is to beassessedand paid.
Mr. MORRILL. I niWliylect to that amendment. I do not think it sw at the gentleman really desires.
Mr. GRISWOLD. If it be not acceptable to the committee I will not press it.
The Clerk read as follows: Wire madefromwire lessthan number 20 wire gauge, upon which a tax has been assessed and paid as Wire.
Mr. DODGE. I move to amend by addin at the end of the line “or wire rods.” A wire rods pay duty, and it is from these rods that the wrre is manufactured. There hasbeeu a great depression in this business, and when we compe them to y tax upon the wire I do not see why we s iould comcl them to pay an extra tax on the iron rods From which the wire is made. I hope.amendment will be ced to.
Mr. MORRILL. I hope the amendment will not be agreed to, as it would embrace too much altogether. It would exempt not only what we have placed a tax of 2 dollars perton upon, but all other rods of whatever metal, price or description. The amendment was disagreed to.
The Clerk read as follows: Metallic nickel. quicksilver, magnesium aluminum, manganese and cobalt; spelter; copper, lead, and tin, iningots, pigs or bars; metallic zinc, iningots or sheets.
Mr. MORRILL. I move to strike out the wog d “metallic” in lines 54 and 50 ei it. ghe amendment was agreed to.
Mr. MORRILL. 1 e after the word “magnesium” to insert word “sodium.” The amendment was agreed to.
Mr. MORRILL. I move to insert the words “German silver in bars or sheets.” The amendment was agreed to.
Mr. SLOAN. I move to strike out “quick silver."I understand we produce quicksilver in this country in very large quantities; that we have not only enough for our own use, but for the purpose of exportation. I am informed we export to foreign countries very large quan tities, and I think it ought not to e exempted from the payment of tax.
Mr. MORRILL. I will state the motive which induced the committee to put quicksilver into the bill among cles on the reclist. This is a metal wwn only be used in something else or in t “production of something which is subsequently taxed; and the quantity of revenue derived from this source has been exceedingly small. Its chief value is in its use by mine rs to extract the old and silver from the ore. The committee therefore thought it belonged to that class which ought not to be taxed.
Mr. BIDWELL. I am opposed to striking “quicksilver” out. of the free list, and I hope that the amendment will be rejected. The amendment. was disagreed to.
Mr. GARFIELD. I move to strike out the words “ rolled sheet copper, sheathing cop per, and yellow sheathing metal, " and in lieu thereof to insert “copper and yellow sheathing metal not more a vauced than bands or sheets.” The amendment was agreed to.
The Clerk read as follows: Brass not more advanced than rodsor shoots; hullsof ships and othervessels; masts, spars, and ship and vesselblocks.
Mr. DARLING. I move after the word “blocks” to insert “and tree nails, wedges, and deck plugs.” The amendment was agreed to.
The Clerk read as follows: sails. tents. shades, ymjnings, and bags made by sowrpg or DESUHK; building stoneof all kinds, includlng slate, marble, freestono, and soapstone.
Mr. MORRILL. I move to strike out “shades.” The amendment was agreed to.
Mr. MORRILL. I move to strike out the words “or asting, ” and in lieu thereof to insert “from abrics or other articles upon which a duty or tax has been paid.” The amendment was agreed to.
Mr. MORRILL. I move to insert “bags made of paper.” The amendment was agreed to
Mr. MYERS. I move to insert “cordage and rigging.” You have made the bulls, masts, s ars, and everything necessaryin the construction of vessels, free of tax, and I suppose that cordage and rigging were accidental y omitted by the committee. Rope makers have more to contend with than the manufacturers of these other articles. The introduction of manilla rope comes into competition with them and has produced a depression in the business.
Skip Skip The committee divided; and there were eyes 30, noes 36. Mr. MYERS demltlfded tellers. Tellers were ordered; and Messrs. MYsns and PLANTS were appointed. The committee was again divided; and the tellers reported ayes 50, noes 45. So the amendment was agreed to.
Mr. ROLLINS. I move to insert“silex used in the manufacture of glass." The ComWays&Means have no objection to it. The amendment was agreed to.
Mr. FERRY. I move to add “and rock, ground, and calcined gypsum." I have the consent of the chairman of the committee to insert this amendment. Gypsum is used for building pnr oses, known as plaster of Paris; when ronn as a fertilizer and as plaster also for finished work or stucco. I have introduced in the amendment the general term gypsum. The amendment was agreed to.
The Clerk read as follows: Burrstones. millstones, and grindstones. rough or wrought; monuments of stone of all kinds, not exceedingin value the sumof slOO
Mr. WILLIAMS. I move to add the following proviso: Provided, howdver, That monuments exceeding the value aforesaid, erectedby public or private contributions to commemorate the services of Union soldiers who have fallen in battle shall be exempt from taxation. I need hardly say to the House, because everybody knows, that in almost every community throughout this nation people are erecting very costly monuments to the memory of the gallant men wh have fallen in the service of their country. a at a tax upon private generosity exhibited as this way would be revolting to our sense of propriety. I think there will be no objection to this amendment. The amendment was agreed to.
Mr. DAVlS. I move to strike out iall of the mrngrnph in relation to monuments except the irst 3 words, namely, “ monuments of stone." I do not. know upon what principle ! pipes.” it is that we should tax a monument erected either to the memory of the dead or in commemoration of any public event, or of anything worthy of commemoration. I do not know why we should be prevented from erectin in our cemeteries those monuments of art with which they are adorned. I can see no reason why we should foster foreign art rather than to invite the introduction of our own American tone, wrought by our own artists. There are many cases where we have already adorned and beautified these cemeteries by the introduction of our own American marble and other stone, and it seems to me it ought to be encouraged.
Mr. MORRILL. I trust this amendment will not be adopted unless the committee should suppose that they are at liberty to strike out I an amount beyond what was 1st proposed by the committee in consequence of their action on the income tax. I will state that my estimate of the amount of deficiency of the revenue was on the actual receipts of last year. No one expects the receipts from the income tax for the year to come will be more than one halfwhat. they were the past year. The amount to be received from 1 the 10%. tax on incomes above $5,000 i will not be 1/3rd as much as was received last year. If we get $5,000,000 from that source it wi The days of large income have passed away. We shall not see them again for years to come. I object. to this particular amendment for the reason that many gentlemen not dead but alive, and I hope likely to live many years are lavish in the expenditure of this money for, family monuments. There is nothing in which “ they are more generous than in the erection of these monuments monuments to the dead as well as to their own good taste. As the bill stands we propose to exempt all monuments below $100 and now, by the amendment offered by the Gentfrom Pennsylvania, [Mr. wru.mns] which wasavery appropriate one, we have exempted monuments in commemoration of our gallant soldiers. I trust these exemptions will be considered sufficient. The amendment was not agreed to.
The Clerk read as follows: Roofing slate, slabs. undtiles; Roman and water cements and lime: brick. firebr1ck, draining tiles, earthen and stone waterpipes.
Mr. MORRILL. I move to insert after "draining tiles, ” “cement, drain, and sewer Also to add “window glass of all inds.” The amendment was agreed to.
The Clerk read as follows: Plows, cultivalors. burrows. straw and hay cutters, planters. seed drills. horse rakes and wmnowrng m MreWILSON, of Iowa. I move to insert before the word “plows, ” “rcupers, mowers, threshing machines.” This is in accordance with the amendment made by the committee a day or 2 since on page 89, line 2001, where the words “renpers, mowers, threshing machines” were stricken out. I gave notice at the same time [would move to insert them in this place in the free list. I have nothing to add to what I said then.
Mr. HARDING, of Illinois. Allow me to suggest the addition of “mills and apparatus for producing molasses or sugar from sorghum, beets, or corn.”.
Mr. WILSON, of Iowa. I would rather take the question on the amendment as it stands., Mr. SHELLABARGER. I hope the Gentleman will add “separators, ” an attachment to the threshing machine for the purpose of separating the wheat from the chaff.) Mr. MORRILL. I suggest that we had better allow this amendment to be offered in an independent shape. A yea and nay vote will probably be called in the House on the question.
Mr. WILSON, of Iowa. I will add the word “separators;” so that my amendment lbe allthatany reasonable man can expect. Those who erect and pay for, monuments above that price are amply able to i pay the taxes also. tHl i l 1 will be, “reapers, mowers, tlneshing machines, and separators.” The amendment was agreed to.
Mr. PLANTS. I move to insert “sorgho mills, evaporators, and drainers.”
Mr. HARDING, of Illinois. I suggest the addition of “ mills and machinery fort to manufacture of sugar, sirup, and molasses, from sogghum imhee, beets, or corn.”
Mr. PLANTS. I accept that. I think the machinery should be exempt from tax. T be manufacture of sirup has been of vast advan tage to the country in the last few years. It has been generally carried on upon the farm. Almost every farmer in the country manufactures it for domestic use or home consumption. The machinery for reducing it costs from 3 to 500 ) dollars, and the tax on the machine will be from 15 to 25 dollars, which is nite a serious tax, and I think in accordance wifh the policy adopted in other matters this on ht to be exempt.
Mr. MORRILL. There is noend to the amount that will be withdrawn from the reve nue if all these additions are made to the free list. It will be much more than gentlemen are aware of. If any articles are to be exempted, it should be those articles used by the laboring men, and not the mowers, threshing machines, and cultivators, which are made by parties who have the entire monopoly of the trade and can et.any price they may ask, and which are pure used by men who are able to mythe highest price for them, and who will have to at any rate. The manufacturers of the hand rake, and of other articles of common use, such as shovels, hoes, axes, se by thes, spades, and manureforks, certainly, it seems to me, ought to be looked after 1st, rather than the manufacturers of reapers and mowers. It is now proposed to exempt machines for the manufacture of sugar and molasses from sorghum. We do not tax at all the article that is made, and can we not afford to pay some tax on the machine by which it is made?
Mr. WILSON, of Iowa. I move proforma to strike out the last word. The Gentfrom Vermont seems to forget that we treated him very kiudl yesterday by putting about 15 million dollars into this blll
Mr. WILSON, of Iowa. I am guided only in my statement by what the gentleman said the other day at the opening of the debate. I read from his speech, as follows: “In a RFG the true theory is to make no distinctions as to personsin the rates of taxation. Recognising no class for special favors, weought not.to createa classfor special bur dens. Pursuing this principleninajorit of the ComWays and lirIeunshave agree to that portion of the bill which makes the incometax after this year a uniform one of 5%. upon the annual gains. The loss to the revenue will be large about 17 million dell:irs uml itwill beforthe House to so whether the bill shall stand as reported or whet crrclief in any other direction is more urgently demanded." It may be that it is no more than $5,000,000, but he misled us, when he opened this debate, into supposing that it was $17,000,000, and so we very kindly put this amount in the bill yesterday. Therefore these amendments are entirely proper today.
Mr. MORILL. It was very good reading so far as the gentleman went, but he did not read the whole of it.
Mr. MORRILL. He should have read this further explanation: " It will be seenthat I estimateareduction in the revenue received from manufactures.on account of a depreciation of values, of about 25% and a reduction upon incomes and dividends of rather morethan that amount.” If the gentleman will take pains to examine my estimate in detail he will very soon find out that I anticipated, for the year 1806 07, no such amount from income as was obtained last year. The deductions were computed, as a matter of course, upon the receipts of last year, and then, in addition. such as appeared probable on account of lower prices and less profits. I took the whole;
Mr. PAINE. I am in favor of including these articles in the free list, not only for the reason given, but for additional reasons. Iam not oppOsed to an increase of revenue in this bill. When we made the tax on incomes above $5,000 10%. we manifested a desire to aid in that way the Gentfrom Vermont in securing a revenue and I think when I urged a tax upon umbrellas and arasols, and when I urge an increase of the tax upon cigars. I manifested a disposition not to dimin ish, but rather to increase the revenue; and that I avow to be my purpose now. I believe that these sorghum machines de serve our especial consideration and favor. This sorghum is an interest which, if we can, We ought to foster and encourage in this country, for it is unlike all other agricultural interests, and if we can possibly so arrange our internalrevenue laws as to foster and encour age the production of sugar from a plant that can be grown in almost every State of the Union, if we can do this without any serious diminution of the revenue, I think we should do it and I believe the result of thisamendment will be not to diminish the revenue of the Government, but by fostering this branch of industry and encouraging this reduction, tend to increase the revenue. An aside from that consideration I believe it to be our duty to look to this interest for the purpose of fos tering and promoting the production of sugar from lants which can be grown all over the U.S., so that the price of that ver necessary article may be in t 10end diminishe. I withdraw my amendment to the amendment. The question was upon the amendment of Mr. ILaxrs. Tellers were ordered; and Mr. PLANTS and Mr. Moaruu. were appointed. The committee divided; and the tellers reported ayes 51, noes not counted. So the amendment was agreed to.
Mr. LAWRENCE, of Ohio. I move to amend by inserting after the words “ threshing machines” the words “ horse powers.” I wish to say a word upon that amendment. If I can obtain the attention of gentlemen, so that this amendment shall be understood, I think there will be no objection to it. I propose to put horse powers upon the free list. he object of the amendment is simply to render the bill as it stands more clear and certain. I have no doubt but the bill as already amended, by put ting threshing machines on the free list, will also include the horse powers connected with them. They ought to be included, at all events, for they are necessary parts of threshing machines. Therefore, for the purpose of making the bill more clear and explicit, and also for the purpose of relieving from taxation these articles so indispensable for many of the purposes of agriculture, I hope the committee will ado )t the amendment I have offered.
Mr. FARNSWORTH. I move to amend the amendment by adding to it the words, “and corn shellers.”
Mr. STEVENS. “Corn crackers” should be included. [Laughter]
Mr. HOOPER, of Massachussetts. I move to amend the amendment of the Gentfrom Ohio [Mr. LAWRENCE] by striking out the words “ horse powers, ” and inserting the words “all engines and machines driven by steam or horse power." That, I think, will cover all.
Mr. GARFIELD. I am opposed to the amendment and to the amendment to the amendment. If we go much further in the work of exempting these machines from taxation we may as well adopt the proposition of the Gentfrom assachusetts [Mr. Hoorsn] at once as to stop short of it. In my judgment, there is not a sutiicient reason why a machine should be exempted from taxation that is applied to a particular use, and that the article produced by it is free from taxation. I can see no end to this mode of exemption; and I fear we are forgetting the purpose of this bill. We are trying to raise I accept that. revenue to supply the wants of the Government. But one by one the chief sources of l revenue are being stricken out, because each member is trying to exempt the particular, interest of his district, and thus we are in l dun er of losing the bulk of our revenue. the amendment just adopted, exempting from taxation threshing machines, reapers, and mowers, especially the latter, would inter5 est my constituents as much as the constituents of any member upon this floor. But I have voted against their exemption, and many l others of a similar nature, because I did not believe the interests of the whole country would warrant us making them wholly free from tax. I am not anxious to go on the record as having moved an amendment merely l because it would benefit my constituents. I hold it to be my duty to look to the interests of the Treasury of the country and the financial interests of the Government, as well as the interests of particular localities. It would be gratifying to me if we could relieve all, industry of the heavy burden of taxation; but I hope gentlemen will not forget that we have only a given margin for reduction, and that is fully reached in the bill as reported by the ComWays&Means. If we take off the tax here it must be added in some other place. The question was upon the amendment of Mr. Hoorsu, of Massachusetts.
Skip Skip The question was taken; and upon a division there were ayes 19, noes not counted. So the amendment was not agreed to. the question recurred upon the amendment of Mr. AWRENCE, of Ohio.
Mr. GARFIELD. Mr. Chairman, I fully agree with the general sentiment of my colleague [Mr. SHELLABARGER] in regard to making the burden of taxation fall as lightly as possible upon all the sources of wealth. But we are not following that principle in this tax bill, nor do the gentlemen who advocate that For instance, no one has proposed that we shall exempt from taxation all agricultural imlcments, includin axes, spades, hoes, shove s, and every sucfi implcrnent of dail use by the farmer.
Mr. PAINE. f the gentleman will allow me to interrupt. him, I desire to remind him that the bill contains a proposition to exempt everything that pertains to a ship. Consequently everything used by the shipping interest of this country is to be exempted from taxation.
Mr. GARFIELD. I dissent from the proprietyof those exemptions as much as the Gentleman can. Theretore his suggestion does not impair the force of the argument I am presenting. I say that no man here has proposed, so far as I know, to exempt from taxation all the implements of husbandry. As the bill has now been amended, we allow the burden to rest on the hoe and the shovel and the spade, and all the other similer implements that the laboring man uses, while we exempt from taxation all the more comlicated and costly machines, which the wealthier farmer uses, the machines which are protected by patents and from which both the manufacturer and the purchaser can make money to a far greater extent than it can be made by the man who uses the common implements of husbandry. Nobody here proposes that we shall lift. the burden from all agricultural implements, while there is to be an exemption from taxation as regards implements made by corporations and used by the wealthier farmers all over the land. If we shall adopt the principle announced by my colleague, we should exempt from taxation all these humbler implements, particularly those used in hand labor. If the gentleman would be consistent, let him push his argument to its legitimate results. But let us not under the pretense of relieving industry lift the tax entirely from those of the agricultural class who can bear it best. I believe that we have not pursued the true policy in reference to these machines. I have in my desk a letter from one of the leading firms. of Ohio engaged in the manufacture of mowers and reapers, and they only ask that we shall reduce the tax to 2 or 3%. Instead of that the tax has been removed entirely by the ComWhole. We have given what they did not ask, and if this course is persisted in we must compensate for it by taxing some other interest to make up the deficiency. [Here the hammer fell.]
Mr. SHELLABARGER, by unanimous consent, withdrew his amendment. 4" The question recurred on the amendment of Mr. wnsxen, of Ohio, and it. was disagreed to.
Mr. FAllNSWORTH. I move to insert “corn shellers.” I desire to take. the vote on that separately. If threshing machines are to be put in the free list corn shellers ought certainly to be put there. It is a less expensive article. It costs less to manufacture the machine, and is more universally used in a corn country than the threshing machine. Every farmer who raises any considerable quantity of corn has a corn sheller and it strikes me if any article should go into the free list it is that article.
Mr. MORRHL. I move to strike out “ corn shellers" and insert “ hand rakes, " and as our southern brethren are not present to take care of their own interest, I Will move also to insert “cotton gins.” I hope that the committee will be willin to stop there.
Mr. ALLISON. 8I move to amend by inserting “grain cradles.”
Mr. STEVENS. I think the gentleman ought to strike out the word "grain." [Laughter]
Mr. MORRILL. I accept the amendment of the Gentfrom Iowa as a modification of my own.
Mr. MORRILLS amendment, asmodified, was agreed to.
Mr. MORRILL. I move to strike out these words:.Hnbs. spokes and fellocs: woodenhandles for ug rioultural. household, and mechanical tools and implemants and in lieu thereof to insert the following: carriages spoorkweasg, follows, oopdoelensh. sahnadfltess, faonr dploawrms, safnodr for other agricultural. household, and mechanical tools and implements.
Mr. ALLISON. I movie to insert, “pail and tub ears and handles.”
Mr. MORRILL. Iaccept the amendment of the Gentfrom Iowa.
Mr. STEVENS. I move to strike out “ears.”
Mr. MORRILL. I move to strike out the last word of what is proposed to be inserted. I rise mainly for the purpose of leading the House to a.correct impression" in relation to this tax on pails and tubs. They were inserted in the bill as reported by the ComWays&Means with the tax reduced from 6%. to 3%. We reduced the tax upon the benzine, which is used in their manufacture instead of to entine, from 20 to ten cents pergallon. The tax upon all paints and oils it is also proposed to entirely remove. Now if gentlemen propose to go on to the end of the chapter exempting articles and reducin the tax, I do not know when we shall get through the bill, or what will be left to be taxed. I will now withdraw my whole amendment.
The CHAIRMAN. It is beyond the gentlemans power to withdraw it. The amendment as amended was read, as follows: Hubs. spokes. felloes poles. shafts. arms for car riages or wagons. pui and tub handles. wooden handles for plows and other agricultural. household and mechanicaltools and implements.
Mr. MORRILL. I would like it to be under stood thattherewas a motion made to insert “tub and pail ears and handles.” That was a distinct and separate mflion, and then the Gentfrom Pennsylvania moved to strike out “ears.”
The CHAIRMAN. The Chair will state that the Gentfrom Vermont originally proposed an amendment without the words “pail and tub ears and handles, ” and then accepted an amendment suggested by the Gentfrom Iowa [Mr. ALLISON to insert “pail and tub ears and handles.” The Gentfrom Pennsylvania [Mr. Srsvsss] then moved to amend his amendment, as thus modified, by striking out the word “ears, ” and that amendment has been adopted.
Mr. MORRILL. Then I hope we shall vote down the whole amendment.
Skip Skip The question was taken on Mr. Monmmls amendment, as amended, and it was disagreed to.
Mr. MORRILL. I now offer the following amendment: Spokes, hubs, felloes.poles.shafts.the armsfor car rinxesor wn ons, woodenhandlesforplows and other anricultura, household and mechanical tools and implements and pail and tub ears and handles.
Mr. STEVENS. Is that in order? We have have just voted down the same amendment. I think it is hardly in order.
The CHAIRMAN. The Gentfrom Vermont proposes the amendment in a different form.
Mr. STEVENS. Then I move to strike out the words “pail and tub ears” and to insert in lieu thereof “ pails and tubs." I have nothing to say except that I hope the Gentfrom Vermont will be a little more persevering. [Imughten] I do not like to see a man give u so easily. It does not look well. [Laughterf The chairman of the Committee of We s and Means ought not to submit to what t in House does. I call for tellers on my amendment. Tellers were ordered; and Messrs. SrsVENS and MORRIU. were a pointed. The committee divided; and the tellers reported ayes 88, noes 66. of the amendment to the amendment was rejected. Mr. Museums amendment was agreed to.
Mr. PRICE. I move that the committee do now rise. The motion was agreed to. Sothe committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and Earticularly the special order, being bill of the House No. 613, to amend an not 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, and had come to no resolution thereon.
The SPEAKER. The Chair desires to state, as it may have some bearing on the business of the House, that no gentleman desires to speak on Saturday next.
Mr. MORRILL. I desire to shy that I shall insist upon going on with the tax bill until it is finishe and then, on motion of
Mr. GARFIELD, tit 20 minutes before 5 oclock p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The followin petitions. &o., wero presented under the rule and reerredto the appropriate committees: By Mr. BLOW: Petitions and protestsof citizens of Canton, Louisiana. LaGrange and Keokuk and StLouis. against the Senate bill providing for the creation of drawbridges on the ismsslppiriver. By Mr. HARDING, of Illinois; The petition of Amos Sanford. of Prune City, Illinois. for pay for a ilSB. By Mr. JULIAN: The petition of Thomas NugeriI praying Congressto grant him relief for damages iiqne his property by the Union Army during the a0war. By Mr. MORRILL: The petition of C. F. Sturtovant and 48 others, citilens of Hartland, Vermont, praying for an increaseof the tarifiso asto protect American labor.
1N SENATE. FRIDAY, May 25, 1866. Prayer by the Chaplain, Rev. E. H. GRAY The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. MORGAN presented the petition of the American Atlantic Cable Telegraph Compan, praying for such legislation as will enabe them to lay a cable from some convenient location on the Atlantic coast of the U.S. to the island of Bermuda, and from thence to the Azores, and Lisbon, in Portugal; which was referred to the ComCommerce. Mr. MORRILL presented etitions of muni cipal officers and citizens o Lyman, Kenne bunk, and Biddeford, in the State of Maine, in aid of the petition of Samuel Batchelder, and others, for the repair of the U.S. piers and other property on the Saco river; which were referred to the ComCommerce. Mr. HENDERSON presented a memorial of 500 citizens of Marion county, Missouri, praying that no bridges with pivots and draws be authorized to be constructed over the Mississippi river; which was referred to the ComCommerce. Mr. GUTHRIE presented the petition of C. S. Pennehaker, agent of the State of Kentucky, praying that a nsion may be granted to How tenant W. B. elley, late of the 1st Kentucky cavalry; which was referred to the ComPensions. nsronrs or COMMITTEES.
Mr. DOOLITTLE, from the select committee, to whom was referred the bill (S.No.282) to reorganize the clerical force of the Dept of the Interior, and for other purposes, reportedit with amendments; and he presented accompanying letters and apers from the SecyInterior, which were ordered to be printed. BILLS INTRODUCED.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 98) to amend an not entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, ” approved Feb ruary 17, 1865; which was read twice by its title, referred to the ComPostOffices, and ordered to be printed.
Mr. HENDRICKS asked, and by unanimous consent obtained leave to introduce a bill (S.No.340 amendatory and explanatory of an not entitle “An act to regulate prize proceedings and the distribution of prize money, and for other purposes, ” it proved June 30, 1864; which was read twice y its title. Mr. HENDRICKS. I have been requested to present this bill; I do not know that I am in favor of it; but I move its reference to the ComNavAffrs. The motion was agreed to. COLONIZATION OF AFRICANS.
Mr. MORRILL submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the President be requested to communioate to the Senatethe transactions of the exocutive government under the several acts of coneseof April 10, 1861M 12.1862 and July 17, 1862 or the transportation, colonization and settlement of such persons of the African race as are mentioned in those acts respectively, and especially what colonization measures have been opted. if any. the number of persons colonized, with expenses incurred. “OMENS HOSPITAL.
The PRESIDENT O lempore laid before the Senate the amendments of the HoRep to the bill (S.No.167) to incorporate the Womens Hospital Association of the DistCol. The 1st amendment of the HoRep was in section one, line 3, after the 1st word “that” to insert the following among the names of the corporators: “Abram D. Gillette. Byron Sunderland, William B. Matchett, Hen D. Cooke, William W. corcoran, Charles na, J. H. Thompson, Moses Kelly, Ansel StJo n.”
Mr. MORRILL. I move that the Senate concur in that amendment. The motion was agreed to.
The Secretary read the 2nd amendment of the HoRep, which was in the 1st section, line 3, after the name “Adelaide J. Brown” to strike out all the names to and including that of “Mary K. Lewis” in line 7, except that of “Mary W. Kelly, ” and to insert “gillmira W. Knap, Mary C. Havermer, Mary Ellen Norment, Jane Thom son, Maria L. Harkness, Isabella Mar garet ashin ton, and Mary F. Smith.”
Mr. MORE LL. I should like to have the names proposed to be stricken out read. The Sse asrsnr. The names proposed to be stricken out are “Mrs. Jane L. Smith, Mrs. Harriet B. Blanchard, Mrs. Maria M. Carter, Mrs. Jane Farnham, Mrs. Ann J. Gil lcite, Mrs.l(athleen Carlislc, Mrs. Sarah C. Jones, Mrs. Mary K. Lewis.”
Mr. MORRILL. I do not know anything about the circumstances, and I move that the bill and amendments lie on the table for the present. The motion was agreed to. PORTS Oi. DELIVERY.
Mr. TRUMBULL. If I heard the bill correctly, it is a bill to establish a port of delivery for foreign goods away up near the source of the Missouririver. 1 do not know that there is a probability of there being any importations from Europe at that point. I should like to hear some explanation of the bill from the Senfrom Maine, [Mr. MosaiLL] who I believe reported it, to know why it is necessary to establish a port of delivery at that point. It may be all right, but I did not suppose that foreign goods were landed there.
Mr. HENDERSON. That does not follow because it is O art of delivery.
Mr. WILLI MS. I think I can assure the Senator that it is necessur so far as the city of Portland is concerned. This bill is reported from the ComCommerce as an amendment to a bill that I introduced. I have no interest in making the city of Council Bluffs a port of delivery, but I am interested, and it is not difficult to show, that the city of Portland, in Oregon, ought to be a port of delivery, as large quantities of foreign goods are brought there and delivered in that city.
Mr. TRUMBULL. That may be true in regard to the city of Portland, but I should like to know of the Senfrom Oregon if he thinks that is true in regard to Council Bluffs.
Mr. WILLIAMS. 1 know nothing about Council Bluffs. I introduced a bill to make Portland, in Oregon, a port of delivery. That bill was referred to the ComCommerce, and they reported back the bill, with an amendment striking out what I introduced, and inserting this proposition, which includes Council Bluffs as a ort of delivery.
Mr. TRUMBULL.Ihope we shall have some explanation of the necessity of a port of delivery at Council Bluffs.
Mr. MORRILL. In repl to the Senfrom Illinois, as he appealedto me, I will say thatI had no special charge of this bill, and did not report it. I have only a general recollection that this Amendment was drawn at the Treasury Dept and said to be necessary to prevent smuggling in that region of the country. That is all I can say of it now.
Mr. TRUMBULL. I do not know how any smuggling is to be carried on at that point. Perhaps my friendfrom Iowa [Mr. {init woon] can tell us.
Mr. KIRKWOOD. The honorable Senfrom Illinois is somewhat misinformed in locating Council Bluffs so far up on the Missouririver.
Mr. KIRKWOOD. It is much nearer the mouth of that river than the sources of it. It is almost due west from the residence of my colleague, on the Mississippi, Burlington, at which place there is a ort of entry or deliv ery; I0not know which 1. It is not nearly as for north as Duhuque, in the State of Iowa, at which place there is, I think, o port of entry and a customhouse. Duhnque is on the mississippi river. Council Bluffs is immediately opposite the eastern terminus of one branch at the Pacific railroad, at Omaha, in Nebraska Territory. I am not familiar enough with the country to say whether a port of delivery be ncede there or not; but Ican say this, that if one be needed at Gnlena, in the State of Illinois, at Burlington, in the State of Iowa and if a port of entry and a customhouse be needed at Dubuque, 1 can very well conceive how and why a of delivery may be needed at Council Blu 8. That is all I can say on the subject. We have a customhouse at Dnbnque and a port of entry there, and l mu sntislicil that there is as much necessity for one and the other at Council BluEsas there is at Dubuque
Mr. TRUMBULL. We have had various orts of entry or delivery in the West, and I believe that some of them have merely given places for officers. I know I looked into this matter some years ago and ascertained that there were throughout the U.S. I had at that time the tables before inc various points where we had ports of delivery where the salary amounted tomore than all the duties which the officer collected. I do not know that that would be the case at Council Blnlls. I was inquiring rather for information. I think there are one or 2 in my own State that have been discontinued recently. We had them all along the Mississippi, and at one time there was a disposition to build customhouses all over the country. The fact that a port of delivery has been established improperly at some place where it was not needed, is not a sufficient reason for establishing another. However, as I am not informed about this matter and the Senfrom Maine thinks there was some reason for it at the Treasury Dept, I suggest that the bill had better go over until we are better informed.
Mr. TRUMBULL. If there is a reason for it, I have no objection; but I do not see why it should be.
Mr. GRIMES. I simply desireto say that I concur in what my colleague has said, that the same necessity exists, I think, for the establishment of a customhouse at Council Bluffs that existed for the establishment of one at Keoknk, or at Burlington, where I reside, or at Dubuque. I am not aware that there is any reason additional to those that exist as to the Office in this place. The truth is, Mr. President, that the offices in that State of this description, as well as o the cs everywhere else of this character, ought to be abolished, and Iain ready to vote to abolish them, and am not prepared to vote to establish any others. I was not aware that there was any such proposition us this here until I heard it read in the bill at the Secretarys desk. Burlington, where I reside, has been a ort of delivery agreat many years, long before Fwas a member of this body, and I think that there was one delivery of foreign goods there; I think there was once some railroad iron brought there which was delivered in bond. That is the only business of that description, so far as I know or have been informed, ever done there. During the war this office of surveyor of the port became of some value to the Government.
Mr. KIRKWOOD. Will my colleague allow me one moment? May it not be that this is asked for on account of the deliver of iheiron at Council Bluffs or Omaha for the acilic railroad?
Mr. GRIMES. I was going to state that. During the war these officers became ofagood deal of value. To them was intrusted the business of looking after contraband articles that were being run over the railroads and taken down into Missouri and there furnished to guerrillas; and I have no doubt that all the expense the Government was put toin establishing and maintaining them was amply compensated. The Senfrom Maine states that this ropposition, as I understand, came from the Rreasury Dept.
Mr. MORRILL. I so understood, though I was not sure.
Mr. GRIMES. It may be possible, and quite probable, indeed, if that be so. that there is some substantial reason why the recommendation was made; and therefore I hope that the bill will be permitted to lie over until tomorrow, when we can ascertain something further about it. It may be, as has been suggested by my colleague, that in consequence of the I was going to make that I do not wish it to pass on my prosecution of the Pacific railroad, which ends on the other side of the river from Council Bluffs, it may be desirable that such an Office should be established.
Mr. WILLIAMS. I am very confident, if this bill was prepared in the Treasury Dept, that it is necessary to make Council Blade a port of delivery, because I know that I have addressed that Dept on these subjects, and I find that they are very reluctant to extend uny privileges involving expense unless there is an absolute necessity for it. So far as the city of Portland is concerned, there are immense quantities of lbreign goods brought to that city. The trade of eastern Oregon. of a portion of Washington Territory, and of Idaho Territory, with British Columbia, is through the city of Portland, and there is agreat necessity for making that place a port of delivery. It would be a great advantage to the persons concerned in, that trade. I do not wish to have that preposition which I introduced loaded down with and defeated by a proposition of this kind, about which gentlemen seem to have question, when there can be no sort of question as to the correctness of the proposition which I submitted. But if it is deemed desirable the bill can lie over until tomorrow. I am sure that on inquiry it will be found, in the judgment of the Treasury Dept, that this measure is necessary.
The PRESIDENT protempore. No motion to postpone it has been made.
Mr. OHEROY. I move to postpone the present and all prior orders and ) take up the bill (8. No. 285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valle railroad and its extension to Red river. "his is a bill which was called up by the Senfrom Missouri[Mr. Hsxniznsox] the other day, but it then went Over. I think we have time to consider it this mornin during the morning hour.
Mr. HENDRICKS. I am opposed to considering that bill at this time. [here is only halfan hour left of the morning hour, and it will be discussed as a matter of course. What I desire to say on the bill I should like to say at the time we dispose of it. To make an examination of the bill this morning and then let it go over to another mornin, and then to discuss it and have it postpone again, is no way to have the discussion lully understood. I do not want very much of the time of the Senate when I speak upon it, but I want what remarks I make to be made at the time the vote is taken by the Senate; it is impossible to do so this morning.
Mr. WILSON. I hope the Senfrom Kansas will withdraw his motion and let us finish the WestPoint bill we had up yesterday morning. I think we can get through with it in a few minutes.
Mr. POMEROY. Several efforts have been made to get up the bill to which I call the at tPntion of the Senate. It is entirely with the Senate to any whether they will consider it now or at some other time. I know that all the bills from the ComPubLands which have yet to pass the hoRep will have a very poor show there unless we pass them here before the ComPubLands of that House is called for reports. It has not yet been called; and that is the only point there is in reference to this matter.
Mr. WILSON. I shall be much obliged to the Senator if he will not call ulp that bill this morning, but will allow me to have the WestPoint hill taken up and disposed of.
Mr. POMEROY. I would rather have a vote upon the question. If the pleasure of the Senate is to postpone the bill, I shall be entirely satisfied.
The PRESIDENT protempore. There is already a.motion pending to postpone the present and all prior orders and proceed to the consideration of Senate hill 0. 285. the question is on that motion of the Senfrom ansas. The motion was not agreed to. MILITARY ACADEMY APPOINTMENTS.
Mr. WILSON. I now move to postpone all other matters and take up House JtResolution No. 134, relative to appointments to the Military Academy of the U.S. The motion was agreed to; and the Senate resumed the consideration of the JtResolution, the ending question bein on the amendment of Mr. NESMITI! to add the following as a new section: Abife: resolved, That hereafter the Superintendent of the Military Academy may beselected from any corps of the Army.
Skip Skip the question being taken by ess&nays, resulte yeas 18, nays 19; 12. So the amendment was rejected. The amendment heretofore made was orderengross and the JtResolution to be read a 3rd time. The JtResolution was read the 3rd time and passed. ADJOURNMENT TO MONDAY. On motion of
Mr. DOOLITTLE, it was Ordered.That when the Senate adjourn to day . it be to meeton Monday next. CAIRO AND FULTON RAILROAD GRANT.
Mr. POMEROY. The Senfrom missouri[Mr. Hsnnsasos] has an amendment that I should like to have reported to this bill.
The PRESIDENT protempore. The bill is still open to amendment.
Mr. LANE, of Kansas. I should like to have an opportunity of examining this bill and 3 others affecting the same section of country, which are ending before the Senate, and I will ask the chairman of the committee to let this bill lie over for the present, and I will agree with him at an early day to take them all u.
Mr. POMEROY. My colleague may not be aware that this is simply a revival of an old grant. In 16:33 a grant of land was made to the State of Arkansas for a railroad. That grant lapsed in 1863, during the war. They built a little portion of the road, and abandoned it during the war. The State of Arkansas never had but one grant. I thought, and the committee thought, that that grant ought to be revived, so that the State may ultimately have an opportunity, within the next ten years. of building this road. This bill simply revives and enlarges the Grant to ten sections permilethe original grant was only 6 sections and extends the time within which to complete the road for ten years.
Mr. TRUMBULL. I should like to inquire of the chairman of the committee reporting this bill if any portion of the route is t rough the Indian country, or through lands belonging to the Indians.
Mr. POMEROY. Not any portion of it, as I understand.
Mr. TRUMBULL. Then I should like to call his attention to the 3rd section of the bill, which provides That all the lands mentioned in this act.andhereby granted. are reserved from entry. preemption or appropriation toanyother purposethan herein contemplated, for thosaid termof ten yearsfrom the passage of this act. I submit to the Senate whether it is proper to tie up the public lands in thatway. am a member of teIndian Committee at the present session of Congress, and although not very familiar with Indian affairs, I find that in the making of treaties with the Indian tribes we are very much embarrassed by these grants of lands for railroad purposes. It isinsisted that these rants take the lands, notwithstanding they have ficen reserved for the Indians, an that the U.S., by passing a law of this character granting the public lands on each side of a railroad, obligates itself to remove the Indians so that the rent may take effect through their country. To shall have to appropriate several 100,000and probably millions of dollars at this session of Congress in consequence of railroad grants through Indian country.
Mr. POMEROY. There is no Indian country here.
Mr. TRUMBULL. I understand there is not in this bill: but we are notified by the other Senfrom Kansas, [Mr. L.sr:] that this is one of 4 bills, and a good many of the Kansas roads run through Indian countr. I looked cursorily into the statutes an the treaties, and I was rather of the opinion that these grants of land through the Indian country which had been reserved to the Indians by treaty were nugatory; that they did not carry anything with the grant; that it was incon sistent with the treaty obligation of the government. But it is replied to that that good faith requires the Government of the U.S. to make these grants good, that they have held out to capitalists that they shall have every alternate section of land for ten miles on each side of the road, and that they are bound to get the Indians out of the way. I make these remarks not in reference to this special bill, which I trust will go over and be looked into, for it seems to me that this 3rd section is objectionable. I do not believe in tying up the public lands of the country for ten ears from settlement in this way.
Mr. POMEROY. The Senfrom Illinois by reading the section carefully will see that it is only the alternate odd sections that are reserved for ten years. It is not the public lands.
Mr. TRUMBULL. I would not reserve them for ten years.
Mr. POMEROY. No railroad bill ever passed Congress that did not reserve for a lim ited period the odd numbered sections, and the company were to get them as fast as they built the ma. That is the provision in every bill. We do not reserve all t ie country from settlement. The even sections can be entered at any time all along the line of this road. This section simply reserves from settlement and greemption the odd numbered sections for a istance of ten miles on each side of the road.
Mr. TRUMBULL. Will the Senator allow me to ask him if it has ever been the policy of the Government to reserve for such a lengthy period the lands from settlement?
Mr. TRUMBULL. Then I think we had better change that policy and allow the country to he settletI.
Mr. POMEROY. These very lands, acre for acre, were reserved for ten years, from 1853 w 1863.
Mr. TRUMBULL and now you propose to reserve them for 20 years.
Mr. POMEROY. Yes, sir; to give another tenIyears with which to build this road. L
Mr. TRUMBULL. They have built no road and yet you propose to keep this land out of market for 20 ears.
Mr. POMBRO. They have builtapart of the road.
Mr. HENDRICKS. If the Senfrom California will allow me, I wish to ask the Senfrom Illinois one question. Ifeel the force of what he says, butI want to know ofhim how Congress can make a grant to a State to enable that State to build a railroad without taking the lands out of market. The grant is to the State of certain described lands. How is that grant to be made without taking the lands out of market? Will he make a grant to a State for a particular purpose, and yet allow from do today the lands thus granted to be sold?
Mr. TRUMBULL. My objection was to the length of time they were reserved. These lands have been reserved for ten years already, and no road is built, and now you propose to reserve them ten ears more.
Mr. TRUMBULL. In reply to the Senfrom Indiana, I wish to say that he did not answer at all the suggestion which I made. I was not objecting to a land grant, nor to resery in from sale a portion of the public lands in ai of such agrnnt. I did not object to the bill 11 on that ground, and propose to require that the Government should go on and sel the lands from day today; but it seemed to me that the length of time here proposed, ten years, was an unreasonable time to tie upthese lands. I quite agree with what the Senfrom California has said, that where parties had rights which “were interrupted by the rebellion, it is no more than properthat they should be continued; but the act that "people in the State of Illinois are interested in it, or that a Gentfrom that State is president of the road, does not alter the propriety of making the grant, nor would it alter my course in reereuce to the bill. It seems to me that this 3rd section ties up the land quite too long. The orher suggestions which made in regard to these lend grants generally were not up licable to this particular bill, because I understand this road does not go through the Indian country. I made those suggestions because I understood that there were other bills, as was stated by the Senaor from Kansas, [Mr. Lang] for roa s which might probably O through the Indian country; and I had found in my action upon the ComIndAffrs, that we were very much embarrassed in providing for the Indians, and the Government was put to expense in consequence of these land grants; and think that when we make the grants they ought to be made in a way not to complicate our diflieulties with the Indian tribes.
Mr. POMEROY. I think there is no objection to the amendment. The facts of which the Senator speaks were not before the committee; if they had been no doubt the commit tee would have reported such an amendment.
Mr. GRIMES. The Senfrom Missourihimself confesses that he is not familiar with the facts in this case, and has not been since 1866, 1857, or 1858.
Mr. HENDERSON. Let me correct the Senfrom Iowa. What I stated was that I am not now as familiar as I once was with the exact condition of the lands lying in my State. This road only runs 37 or 38 miles in my State. I do not now remember whether the State granted the lands to the company in fee and permitted the company to selrthem. I do not know what amount of lands remain unappro riuted orunsold under the old grant of 1853. I do not wish the Son ator to understand that I am at all ignorant of the fact that the company have $700,000 of the bonds of the State of Missouri, and that the State of Missourioriginally owned these lands. Now, as I understand, the object of this bill is to revive the land grant which is now dead. I want this revival to inure to the benefit of the State of Missouri, so that we can hold a lien upon these lands. We did once hold a lien, and if the act is revived I want the benefit of that lien still. What I meant to say was that I am not exactly familiar with the title to the land; that is all. I do not like to state that I am fully acquainted with a fact when I am not.
Mr. GRIMES. it is quite evident that. there is a conflict of interest between the State rep.resented by the Senfrom Missouriand some railroad compun.
Mr. HENDERSON): I want them to pay us back. i
Mr. GRIMES and this is the method which the Senator proposes to adopt to collect the moneyfrom the rai road company. Iunder stand that to be his purpose, to make them pay. Now, I suggest whether we had not. better let that railroad coman be heard before our ComPublicLands.
Mr. POMEROY. I will state to the senator that the president of this road was before the committee. These facts were not presented It the time, but he has since written to me, and virtually drew this amendment himself. The Senfrom Missourihas changed the phraseology, but the president of the road said that what the Senfrom Missouridesired was just and right.
Mr. GRIMES. But it is not known what Interest we are goin to conflict with by this mrt of legislation. do not know an thing about it. In fact I do not comrehen fully the statement that has been run e by the Senfrom Missouri. I shouldliketnharesome report or some further explanation on the su icct.
Mr. MCDOUGALL. I think I understand the question ending. A grant of lands was made original to the State of Missouriand conceded by the State to this company, and the bonds of the State were issued upon the company promising to ny the interest the bonds. It is a fact, persons who have been conversant at all with the subject, that the company has paid no interest. the concession to the company was based on its obligation to pay interest. a making the reg rant it is undoubtedly just that the State of Missouri should be protected, the concession having been to her in the 1st instance, and from her to the company, with the understanding that the interest would be assumed and paid by the company. That is understood, I believe, by every person who knows anything about railroading in the State of Missouriand the West. It is a simple statement of what we have done heretofore, and it is due to the State of missouri that she should be protected.
Mr. GRIMES. I have examined this amendment since I addressed the Chair, and I think there does not seem to be the objection to it which I a prehended at the time I spoke.
Mr. LAINE, of Kansas. Has not the State of Missourientered upon and sold this railroad?
Mr. HENDERSON. I understand not. I believe it is advertised to be sold some time in June, but it has not yet been sold.
Mr. POMEROY. They could not sell public lands. This is a question of reviving a public land grant.
Mr. HENDERSON. Certainly. The State of Missouriholds a lien on the road and lands, too; and I do not want this act to operate to take that lien away from the State of issouri. That is all I am aiming at. I do not want the effect of this act to be to deprive the State of its present lien on the lands. The State not only has a lien on the lands legitimately and properly, but a lien on the railroad itself; that Is, on the bed of the road. Now, I believe that the State is proceedin to sell the road. I suppose, however, that itf is grant is revived the company will get credit enough to go on with the road. I apprehend they will, an perhaps will pay off the State the amount of the bonds; but do not want to put it in the power of the company to neglect to pay. I want a lien on the and s, and m all probability, then, Governor Fletcher will stop proceedings under the advertisement to sell. We hold that we have a lien, a legal lien, for the payment of our bonds upon the road. He perhaps will suffer them to proceed, having, peraps, creditenough to put their own lands in the market, and raise the money to pay off the State bonds. If they do, of course we are satisfied, and the lands will then go to the company under my amendment, because the State on y holds a lien upon them to satisfy this debt. The amendment was agreed to.
Mr. POMEROY. To meet the suggestion, which was avery good one, of the Senfrom California, I move to amend the bill by striking out, in the 3rd line of the 1st section, the words, “the above recited act, ” and to insert the whole title of the original act.
Mr. LANE, of Kansas. I hope the bill will be passed by for the present.
Mr. POM.ROY. fthe special order is now to be taken a, I have no objection to that.
Mr. LANE, of Kansas. I desire time to examine the bill.
Mr. POMEROY. I should like to have this amendment adopted, 1st.
Mr. HENDERSON. I move that the Senate do now adjourn.
Mr. WILSON. I hope the Senator will withdraw that motion for a moment, to enable me to make a motion in reference to the committee providecl for yesterda.
Mr. HENDERSON. Iwit draw the motion. DEPOSITS IN NATIONAL BANKS.
Mr. WILSON. I move that the select com: u on. think, understoodb l mittee ordered yesterday to inquire into the condition of the national banks with respect to deposits of Government funds, consist of 5 members, and that the committee be appointed by the Chair. The motion was agreed to. IOHN GORDON.
Mr. VANWINKLE. I move that the senate proceed to the consideration of the bill (S.No.204) for the relief of John Gordon. The motion was agreed to; and the bill was read a 2nd time and considered as in ComWhole. It will be an authorization to the PostMGenl to pay to John Gordon, messenger in that Dept, for extra services performed out of Office hours during the administration of PostMGenl Campbell, any sum that he may, in his opinion, believe him to be entitled to, at the rate of $250 perannum.
Mr. HENDERSON. Has this bill received the sanction of a committee?
Mr. VANWINKLE. Yes, sir; and there is a written report. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed.
Mr. HENDERSON. I nowrenewmymotlon that the Senate adjourn.
Mr. VANwINKLE. I hope the Senator will allow me to call up another little bill, a pension bill, which was accidentally omitted the other day when pension bills were being considered.
Mr. HENDERSON. I cannot withdraw my motion. The motion was agreed to, there being, on a division ayes 19, noes 7; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Fawn, May 25, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved.
Skip Skip LEAVE or ABSENCE. The SPEAKER. The Chair asks leave of absence for the Gentfrom RhdIsland, Mr. JENCKES, until Tuesday next. No objectionbeing made, leave was granted. WITHDRAWAL OE PAPERS. On motion of
Mr. KETCHAM, by unanimous consent, leave was granted for the with drawal from the files of the House of the papers in the case of Major D. C. Ruggles, late a aymaster in the U.S. Army, copies liemg left. On motion of
Mr. BIDWELL, by unsui mons consent, leave was granted for the with drawal from the files of the House of the papers in the case of the town of Santa Barbara. CULTIVATION 0? FOREST TREES.
Mr. DONNELLY, by unanimous consent, introduced a bill to encourage the growth of forest trees upon the western plains; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. MAIL SERVICE.
Mr. HUBBARD, of Iowa, by unanimous consent, introduced a bill to repeal the 4th section of the act approved March 6, 1864, and the act approved January 20, 1865, to provide for carryin the mails; which was read a 1st and 2ndtime, and referred to the ComPostOffice& Roads. PENSIONS.
Mr. PERHAM, by unanimous consent, from the ComPensions, reported back bill of the House No. 863, supplementary to the several acts relating to pensions, with the amendments of the Senate thereto, and moved that the amendments of the Senate be nonconcurred in, and that a conference he asked on the disagreeing votes of the 2 Houses. The motion was agreed to. LAND GRANT TO MICHIGAN.
Mr. DRIGGS. I ask the unanimous consent of the House to report back from the ComPubLands bill of the Senate No. 219, grantin certain lands to the State of Michigan to aid in the construction of nship canal to connect the waters of Lake Superior with the lake known as Lac LaBelle in that State.
Mr. SPALDING. I object, and call for the regular order of business. MEMORIAL REFERRED.
Mr. DEFREES, by unanimous consent, presented the memorial of the trustees of the Indiana Agricultural College; which was referred to the ComPubLands. CORRECTION.
Mr. WRIGHT. I desire to state that I voted in the affirmative on the passage of the bankrupt hill, and that my vote is not recorded. CANAL and sswmsos COMPANY.
The SPEAKER. The morning hour has commenced, and the House will resume the consideration of Senate bill No. 190, to incor orate the DistCol Canal and ewera e company, reported from the comDistCol on Frida last, and on which the Gentfrom Illinois [Mr. INGERSOLL] is entitled to the floor. The endin question was upon ordering the bill to e rea a 3rd time now.
Mr. INGERSOLL. I move to amend the 1st section by changing the name of “ Whit. man Bestor” to “George L. Bestor, ” and to add the names of “ Kingman F. Page, Charles H. Sherrill, and Amos. Babeock.” The amendment was agreed to.
Mr. INGERSOLL. I move to add the following, “except in the mode and manner hereinbeiore provided for, ” to section 17 of the bill, which now reads: $50.17. aAbife: led, That nothing in this not contained shall be held or decmed. in any manner or way. to injure or impair any public or private rights or interests, or in any manner to affect the same beyond the mere transfer of the rights if) the U.S. to said DistCol anal and SewerageCompany. The amendment was agreed to.
Mr. INGERSOLL. Mr. Speaker, as I de sire avote on this bill to da, lphave concluded to occupy but ten minutes time in explaining the bill. Then I shall yield ten minutes to be used entirely by the Gentfrom Maryland, Mr. F. Iuo.i.s] or to be divided between imand my colleague on the committee, [Mr. McCti.l.ouen] as they may see proper; and then I shall take ten minutes to close the argument, and shall then ask a vote on the bill.
Mr. FTHOMAS. Lest it should be inferred from my silence that such an arrangement Would be agreeable to me, I have simplyto say that it would be utterly impossible or me inten minutes to explain toposition I occupy in relation to this measure. I shall hope, therefore, that the Gentfrom Illinois [Mr. Is osuso1.i.] will allow the usual latitude of discussion, or, if he does not, that the House will grant it. It is a matter of vast importance to my congressional district, as I will explain to the House if the opportunity he olfered.
Mr. INGERSOLL. I am as anxious to accommodate the Gentfrom Maryland [Mr. FTHOMAS] as anyone can be; but I am anxious to dispose of this bill, in order that we may report other bills from the committee which areof importance to this District, and I do not propose to devote any more time to the consideration of this bill than is necessary for a full and fair understandin of its provismns.
Mr. McCULLOUGH. I have an amendment which I wish to offer to this bill. I wish to ask ifI can offer it now.
The SPEAKER. It will be in order it the Gentfrom Illinois [Mr. INGERSOLL] will yield for that purpose.
Mr. McCULLOUGH. I oilered this amend.ment in the committee, and I understood the I cannot yield for that chairman of the committee [Mr. known] to promise me that I should have an opportunity to offer it in the House.
Mr. INGERSOLL. Well, I will give the gentleman an opportunity to offer his amendment.
Mr. lNGERSOLL. Will the gentleman state his amendment now?.
Mr. McCULLOUGH. I desire to have the bill amended in the 2nd section by striking out the words, “so as the manner of making the connection shall not injure or impair the bank of said canal and sewer where the connection shall be made.”
Mr. INGERSOLL. Well, I believeI would srefer to have that amendment considered and disposed of now rather than at any other time.
Mr. McCULLOUGH. I offer the amendment, and if it is in order I would like to say a few words in exlanation of it.
Mr. INGERSO L. I will yield 2 minutes for that purpose.
Mr. McCULLOUGH. Mr. Speaker, this bill. as it passed the Senate and is reported to this House, gives to this corporation a power and control over the sewerage system of the city of Washin ton which every member of this House should e opposed to, in my opinion, who is desirous of seeing the health and pros perity of this city promoted. It WLll. not be denied, I presume, that the free and untram meled use of this canal is absolutely necessary to a propersewerage of the city. In fact, without this it will be impossible to preserve the health and cleanliness of the cit. Now, sir, if the provisionwhich I ask to have stricken out remains this corporation has BllCllcontrol over this important matter as will greatly, if not entirely, prevent the authorities of Washington from ifsing this canal as a deposit for the filth of the city. The provision which I ask to be taken out says that “ the manner of making the connection shall not injure or impair the bank of said canal and sewer where the connection shall be made.” This provision, in my opinion, Mr. Speaker, gives to this corporation the power to stop the city authorities from making such connection, when in the opinion of said corporation it will “injure or impair the bank of said canal and sewer.” It certainly will give them the power to object and say that such connection will injure the canal, and will lead to a conflict of rights. In a great city such as this should be, such an important matter as its health and cleanliness should not be under the control of a private corporation; and for these and other reasons which will suggest themselves to members I move to strike out this prowsion.
Skip Skip The previous question was 2nded and the main question ordered. On agreeing to the amendment, there were a es 26, noes 28; no quorum voting. l
The SPEAKER, 1"“ er the rule, ordered tellers; and appointed Messrs. Isosiisou and MCCULLOUGH. The House divided; and the tellers reported ayes 41, noes 66. So the amendment was rejected.
Mr. FTHOMAS. Oh, no, sir; I could not accept the time. The gentleman intends it as a very polite preposition, and I have no doubt it is made in a very kind spirit.
Mr. INGERSOLL. I said that in 2 minutes from this time [would yield to the gentleman.
Mr. INGERSOLL. I only want 2 minutes more myself. I would consider it highly improper to offer the gentleman but 2 minutes. Mr. Speaker, this franchise is now said to be of considerable value to the city of Washington, and that there would be some greatwrong done in allowing this company to build the work. When the ComDistCol was organized at the commencement of this session we were importuned by the authorities of the city of Washington to take this canal oi? the hands of the city; they besought the committee to take the old canal, which had been a disgrace and a nuisance, and fill it up, or dig it out, or do something with it in order to relieve the city from it. A proposition was made to build a sewer within the canal and then cover it all over with earth, and destroy it forever for any commercial purposes. All sorts of propositions were may c to the committee; and when this bill was introduced into the Senate 2 months ago we heard no objection to it. It was carefully examined and considered, and it passed the Senate by an almost unanimous vote. After it had been considered by the committee of this House the city of Washington said, all at once, that some right of immense value was being disposed o to their injury. Now, so far as Congress is concerned, I do not suppose it cares who makos the canal whether it is done by the Chesapeake and Ohio Canal Company, by the corporation of the city of Washington, or by any other corporation. If a private corporation will construct this canal free of expense to this city and to the Government, then I am in favor of that corporation; and I believe that is what this bill will accomplish.
Mr. FA NSWORTH. I findin the 14th section of this bill the following provision: v That the said company shall within 30 days r the passage of this not.cause a constant stream of freshwater to he turned into and upon the said old canal and to flow through the same from the western corporate limits oft. O city of Washington to the Anacostia river, and to continue so to flow until the 20thday of Octobernext, in default whereof the said eorporatorsof said company shall forfeit and be jointly and severally liable to pay to the U.S. the sum “$2,000 recoverable on motion made by the mayorof the city of Washington or any other person after ten days notice thereof, duly served, in the supreme court of the DistCol, or any other court having competent Jurisdiction. I would ask my colleague [Mr. INGEBSOLL] if this corporation will be liable to this forfeiture before they shall signif their acceptance of the terms of this act. I do not find any provision in this bill prescribing that this corporation shall signif their acceptance of this grant. Does my colleague suppose that this company can be made liable before they have done anything to signify that they are a party to this act?
Mr. INGERSOLL. No, sir; I do not think they could.
Mr. FARNSWORTH. Should there not be a provision in this bill providing that this company shall signify their acceptance of this grant. within a certain time after the passage of this act?
Mr. INGERSOLL. I am willing to agree to any amendment of that kind the gentleman may offer. I will now yield the remainder of the morning hour, but one minute, to the Gentfrom maryland, Mr. F. Taurus]
Mr. F. the AS. he Gentfrom Illinois [Mr. Ine snsonn] proposes that I shallin the short s ace of ten minutes answer the argument which he has submitted to the House on a measure of vital importance to my constituency, and at the same time weave into the discussion all those elements which it has suited the peculiar views of the gentleman to leave onto his remarks. Now, it is for the House to determine whether such a proposition is reasonable in itself. Now, when the Gentfrom Illinois [Mr. Ixosnsonn] shall have concluded his remarks I will ask the indulence of the House to endeavor to eXplain ally and clearly the whole hearing of this proposition, which, as I have already stated, 18 of vast importance to the interests I represent; for this is by no means a local measure. I know I have the opportunity of consuming the next 7 or 8 minutes, and then this bill will go over, as a matter of course. But I will deal more courteously with the House, and ask them to postpone the further consideration of this bil until next Friday morning.
Mr. INGERSOLL. I am willin, if the House will consent, that this bill sha 1 be discussed for 2 days, and then the gentleman can have all the time he desires, if the House will consent to give it to him and I will join with the Gentfrom Maryland in asking the House to give him all the time he wishes, or for 2 or 3 hours in addition to what he would have now, if we can have it. say tomorrow, instead of using u next Friday morning, which is private bill ay. I know there are several other committees that desire to introduce private hills, and the longer this bill is considered on private bill days the longer the other committees will be crowded out. Now, if the House will give us tomorrow, or another hour today or a night session, I will be willing that the Gentfrom maryland [Mr. F. Tuouss shall take all the time he wants.
The SPEAKER. If this bill is debated until the close of the morning hour it will O over until next Friday morning; or if the House shall meet tomorrow this bill would come up tomorrow morning. Saturday being private bill day as well as Friday.
Mr. FTHOMAS. Before latter another word I will ask the Gentfrom Illinois if I am to understand that I have the floor as of right or as a concession from him. If I have it as a right I know how to act; ifI hold it as a concession from him I also know how to act.
Mr. INGERSOLL. I want the Gentfrom Maryland [Mr. F. Tnouss] to understand that it would be as gratifying to me as it would be to himself to have him occupy the floor as aright. But if the House will not allow us any more time than the morning hour of today and the morning hour of next Friday, I must ask a vote in the morning hour.
The SPEAKER. The Chair will state to the Gentfrom Illinois [Mr. ingsRsou] that this bill must be disposed of before any other committee can be en led for private bills.
Mr. INGERSOLL. Will the Gentfrom Maryland state how much time he wants?
Mr. INGERSOLL. I will ask the Speaker how long before the morning hour will expire. The PEAKER. It will expire in 4 minutes.
Mr. SPALDING. Will the Gentfrom Illinois yield to me to submit a motion to determine the question whether we are to have a session of the House tomorrow or not? I de sire to move that when the House ndjourns today it be to meet on Monday next.
Mr. INGERSOLL. I cannot yield for that purpose now. Now, I want to deal in all fair; nose with the Gentfrom Maryland and to accord to him not only his rights but even more. I want to be as courteous and indul gent as it is possible for me to be. But I am aware that if he now takes the floor without restriction, then within one or 2 minutes the morning hour will expire, and he will have all the nextmorning hour, and then the bill will go over another week and in that way this bill may be post. oned 4 or 5 weeks. Now, if we are to erive any sanitary advantages fromthis bill, the sooner it is passed, if it is to be passed, the better. If the gentleman will say that he will yield after having occupied 30 minutes, I will yield to him with lemsure.
Mr. FTHOMAS. hope the gentleman will excuse me if I say that to me one of the most unpleasant scenes that ever occurs on the floor of the House is the position that some gentlemen claim, to have the right to occupy the floor and say to other members who shall speak, how long they shall speak, and when.
Mr. INGERSOLL. I have this much to say in reply to the Gentfrom Maryland, [Mr. Ftions] that it does seem to me that he is determined that I shall not be even court! cons, though I am willing to ield to him all the time of the next morning our that I can. But I cannot consent to give him more than 30 minutes. I want to know if the House desires to discuss this bill for 3 or 4 weeks, thereby preventing the reporting of any other private measure for that time. I willcall the previous question unless the gentleman will consent to occupy but half an hour during the next morning hour.
Mr. FTHOMAS. I cannot promise anything like that.
Skip Skip Mr. INGERSOLL. I then call the previous question. The question was taken; and upon a division there were ayes 25, noes 75. So the previous question was not 2nded. The S.EAKER. The mornin hour has expired, and this bill goes over unti the morning hour of the next private bill day.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Former, its Secretary, notifying the House that that body had passed Senate JtResolution No. 87, to provide for the payment of bounty to certain Indian regiments, in which 11110 was directed to ask the concurrence of the House. ENROLLEDJtResolutionS.
Mr. COBB, from the Committee on enrolled Bills, reported that they had examined and found truly enrolled JtResolutions of the following titles; when the Speaker signed the same: A JtResolution (S.R.No. 74) providing for the acceptance of a collection of lants tendered to the U.S. by Fre ericll: Pooh; and A JtResolution (H.R.No. 116) respecting quarantine and health laws. HUBERT lI. BOOLEY.
Mr. HOLMES asked and obtained leave to withdraw from the files the petition and papers of Hubert H. Booley. SECURITY OF GOVERNMENT FUNDS.
Mr. HOOPER, of Massachusetts. Iask consent to report from the ComBanking&Currency a bill to secure and regulate the safe keeping of public money intrusted to disbursing officers of the U.S., that the same may be printed and recommitted, with leave to the committee to report at any time.
Mr. LEBLON D. I will have no objection to this bill being reported ordered to be printed, and recommitted. But must object to its being reported back at any time.
Mr. HOOPER, of Massachusetts. If the Gentfrom Ohio [Mr. LEBron] will look at the bill, and see what it is, I think he will see that it is important that it should be passed at once. It is for the better security of public moneys intrusted to the disbursing officers of the Government.
Mr. LEBLOND. So far as that is concerned the Government has already the power to secure that. They should never have permitted these public funds to be intrusted to certain banks.
Mr. RANDALL, of Pennsylvania. I would ask that this bill be considered now. It is a most important bill, and I call for its reading so that the House may see how important it is. The bill was read throu h.
Mr. LEBLOND. I withdraw my objection, if the Gentfrom Massachusetts wants to put the bill upon its
Mr. HOO ER, passage. O Massachusetts. I hope the House will pass the bill; but I do not feel at liberty to take up the time of the Gentfrom Ohio.
Mr. HOOPER, of Massachusetts. I demand the previousquestion on the passage of the bill.
Mr. HOOPER, of Massachusetts. I move, then, that the bill be ordered to be printed and recommitted; and that the committee have leave to report at any time. There was no objection, and it was ordered accordingly. EQUALIZATION OF BOUNTIES.
Mr. SCHENCK. Mr. Speaker, I am instructed by the ComMilAffrs to report back House bill No. 602, to equalize the bounties of soldiers, sailors and marines, who served in the late war tior the Union. The bill. as it now stands, is a substitute for the original bill reported by the committee. It has been printe, and in possession of the House since yesterday. I report back the substitute with a single amendment. I
Mr. MORRILL. I am anxious to get through with the internalrevenue bill this week, and we will be able to do so if we can have today and tomorrow. I ask the Gentfrom Ohio whether he expects totake up much time.
Mr. SCHENCK. I move the followin.aineudment: page 3, line 6, after the wor “request.” insert “prior to the 9th day of April, 1865." If members will look at the printed substitute they will find we exclude roui bounty those who were discharged on their own application or request. The committee, on reconsideration, thoughtit ought to apply only to those who (lid not wait until the war was over. It will relieve from exclusion those who did not make the request to be discharged from the Army until after Lees surrender.
Mr. WASHBURN, of Indiana. I would like to offer the following amendment: strike out from the6th line of section 2 all after the word “States” down to the word fassociation” in the 7th line. In the 9th line strike out the word “all” and insert “ such.”
Mr. WARD. I ask the gentleman to let me move an amendment.
Mr. SCHENCK. In the 1st place amendment is not in order under the rules, as there is an amendment pendin to an amendment; and in the 2nd place the ComMilAffrs, with great unanimity and cordiality, agreed to report and have it acted on as it now stands. I emaud the previous question. The House divided; and there were ayes 81, noes 24. So the Krenous question was 2nded.
Mr. W Is there to be no means of discussing abill which involves an expenditure of $200,000,000?
The SPEAKER. Not when the previous question is 2nded. The amendment of the committee to the Substitute was agreed to.
Mr. JULIAN. If the substitute be voted down, then the vote will come up on the original bill. I On motion of
Mr. Srsvsxs, the original bill was read in extenso. The question recurred on agreeing to the substitute for the original bill.
Mr. WARD. I ask the chairman of the ComMilAffrs to permit me to have an amendment reported which I desire to offer.
Mr. SCHENCK. I have no power over this subject; it is with the House; but I am perfectly willing the gentleman shall have his amendment read, if that is the point he desires.
Mr. ELDRIDGE. Mr. Speaker, is this offering of amendments going to be allowed generally I
The SPEAKER. It is not. It can only be amended, after the 3rd reading, by a motion to recommit with instructions.
Mr. SCOFIELD. I would inquire whether the previousquestion is still operatin.
The SPEAqKER. It is; and no debate is in order except by unanimous consent.
Skip Skip Mr. ELDR DGE. I object to debate, unless it can be made general. Mr. BLAINE. I object also. Mr. JULIAN. I demand the yeas&nays on agreeing to the substitute. The ycas and uays were not ordered. The question was put; and tbsrewere ayes noes 36. gal um. Mr. ROGERS. Idemand the ycas and iiays. The SPEAKER. They have already been refused. maoa Mr. WILSON, of Iowa. I demand tellers. Tellers were ordered; and the Speaker appointed Messrs. Wii.soN, oflowa, antFSenniveK. The House divided; and the tellers reported ayee 84, noes 38. in. So the substitute was agreed to. no: any“? The bill was then orderengross; and being engrossed, it was ordered to be read I. 3rd time. J Mr. SCHENCK. I believe the previous question has exhausted itself on the 3rd 93 media. I new demand it on the passage of the 41.}; Mr. WARD. Is it in order now to move to recommit with instructions? The SPEAKER. It will be if the previous question is not 2nded. Mr. BANKS. I hope the chairman of the committee will state the operation of this bill as comered with the original bill. Mr.ThAYER. I object to discussion. The SPEAKER. The Gentfrom Ohio, who reported the bill, has a right to occupy one hour. Mr. SCHENCK. If the House will 2nd the previous question I will go on and explain it. 1st, let us have the previous question 2nded. ii The previous question was 2nded ayes 75 noes 34 and the main question ordered. Mr. ANCONA. I demand the yeas and no a on the passage of the hill.
Mr. HOTCHK SS. Will the gentleman allow me to ask him a question?
Mr. HOTCHKISS. The inquiry which I desire to make is this: in many cases in my own district, in 1861, the State paid to the soldier 75 dollars bounty, and the local authorities $225 bounty. In such cases, what is the soldier going to get under this bill? If the soldier in such a case gets nothing, are we to be subjected to taxation to pay bounties to soldiers raised in communities that gave no bounty?
Mr. SCHENCK. Mr. Speaker, I think I have antincipatd an answer to that inquiry. I have said that the bill declares plainly
Mr. HOTCHKISS. Let me ask further d Mr. SCHENCK. I trust the gentleman will wait a moment till I have answered the question he has alrcad ut.
Mr. HOTCH ISS. I am charged and primed, and I cannot stop till I have discharged the whole load. [Laugliten] I want to know whether, where we in our State have paid more than 300 dollars bounty, the soldiers of the State of NewYork will be obliged to av back anything.
Mr. SCHENCK. I suppose the gentleman is now through, unless he is a revolver. [Laughter.] Now, as to the 1st branch of the inquiry the 1st barrelof the gentlemans gun the bill itself answers it. The bill is framed entirely with this view: that every man who presents himself asking for this bounty of $300 shall be interrogated as to how much he has received from various sources as bounty for serving his country in addition to his regular pay. If he has received $300 or more, he is not to receive anything under this bill. While we do not propose to give anyone more than $300, nor to pay anyone less than that amount, our object is that every man who has not received $300 shall be raised up to that standard. These remarks will Serve to answer to a great extent the 2nd branch of the inquiry; and my echo to the report of that 2nd barrel of the gun, showing that it is only a blank car tridge, will be this
Mr. HOTCHKISS. perhaps I owed the gentleman an apology; but there is nothing in his Arm bill against the use of revolvers. [Laughter
Mr. SCHENCK.The gentleman asks whether those who have receive more than $300 bounty will be comelled to disgorge. The reply to that is 4“ also in the bill. There is nothing in the bill about paying back. There is nothing in the bill that can be construed to require that those who have received the bounties either of the General Government or of a State government or of any volunteer association or municipal organization of any kind shall pay back any part of thatwhich they have received. I think the gentleman is now fully answered.
Mr. WARD. I desire to ask the chairman of the ComMilAflairs whether this bill does not provide for giving bounty to colored soldiers.
Mr. SCHENCK. Unquestionably it does. We hold that a soldier, a sailor, or a marine is one who belongs to the organized forces of the U.S., wearing its uniform. We have therefore said nothing about color, because the bill covers them all.
Mr. WARD. So I understand. Now, I desire to ask the gentleman another question. I ask him whether there is not now in force a law by virtue of which the loyal owner of a colored man who volunteered in the U.S. service is entitled to recover $300 for such colored man; and such being the law, the master being entitled to $300, and the colored man being entitled, under this bill, to a bounty, whether the colored soldier and his master together will not receive more than the white soldier and I ask him whether he will not accept an amendment providing for the repeal of the law which provides for a commissi" i to take proof of the fact of the slaves of loyal masters having entered the service, so that compensation may be made. I apprehend:hat before we give an additional bounty that law should be repealeti
Mr. SCHENCK. Well, that certainly is a revoli erl [Laughtein] I do notknow whether I cai recollect the whole of the question. But to be in at the close of the gentlemans inquir ies, will say that I cannot accept any amendment, because the bill at its present stage cannot be amended, as I understand the rules, without a i ccommitment for that purpose, unless by unanimous consent. In the next place, I will say that the bill does not provide for paying anything to the former owner of a man who was a slave and was enlisted as a soldier of the U.S. The bill is specific in its terms, and provides only for payment to the soldier, sailor, or marine himself.
Mr. SCHENCK. The gentleman asks, further, whether if the loyal owner has already received his bounty of 310.
Mr. SCHENCK. Or of $300. whether he will not get something under this bill. I an swer, no; he cannot possibl do so. There might possibly be a construction put upon the law by which the owner havinv got 3300 the negro could get $300 more, on the ground that the negro, who had rendered the service, had received nothing. That is a question of construction. But being a question of construction for the courts, under the law as it now stands no subsequent legislation upon this subject can affect the contract, though we might so amend the bill, which I am unwillin to o, as to provide that where the master as received bounty, that bounty shall be deducted and paid to the negro. I do not suppose that the gentleman would desire that.
Mr. SCHENCK. But the gentleman says he would like to have passed an act repealin the law with reference to compensation of loya owners of slaves enlisted, so that there shall be no further action under it.
Mr. SCHENCK. So would I; and I am perfectly willing to unite with the gentleman in securing the passage of a bill of that kind as a separate enactment; for I think there would e no difficulty in passin it; or I believe it very probable that members of the other branch of Congress, upon suggestion being made to them, would be willing to procure the insertion of such a provision in this bill. But, at the present time, the amendment of this bill cannot be effected without the delay of recommitment, with the necessity of going over this whole subject again. I prefer, therefore, that this bill shall now be passed, trusting that some repealing act may hereafter be adopted as a separate measure, or that a provision for the purpose may be incorporated in this bill as an amendment when the bill shall be considered by the Senate.
Mr. WARD. Will the gentleman allow me a moment to state the amendments which I intended to offer to this bill?
Mr. SCHENCK. I have no objection to permitting the gentleman to have his amendments read or, at least, he might hand them to the reporters, and let them be incorporated in his remarks, so that he may be enabled to show what was the object he had in view, in which, so far as concerns the last point, I entirely concur.
Mr. WARD. The 1st amendment which I desired to offer was an amendment giving to the widowed mother who was entirely dependent upon a soldier now deceased the bounty to which he would have been entitled. I de sired a further amendment striking out that portion of the bill which charges the soldier with the local bounties. In addition to that, I desired to offer the further amendment which I have indicated. That is all that l wished to 5a. lyiMr. BANKS. Will the gentlemof Ohio [Mr. Sensx ex] now yield to die moment? in. SCHENCK. Yes, sir. 1 M
Mr. BANKS. I understand from thb statement of the honorable chairman of thi ComMilAffrs tiairs, from which) his bill is reported, that as the bill now staids. the House having adopted a substitute, a State that has paid bounties u to the ampnt of $300 will get nothing, unor this bill, while it will be compelled to insist in paying the bounties to the soldiers of those States that have not granted any bounties. I ask the gentleman whether I am correct in my understanding of the effect of this bill.
Mr. SCHENCK. I apprehend that there are very few States in which bounties have not been given at all. either by the State or by the counties or other municipal organizations or by voluntary associations, and where the aggregate local bounty has not exceeded $300. Vhere that is the case, of course no benefit will be obtained under this bill.
Mr. BANKS. I understand it to be this: that the State which has paid bounties to the amount of $300 gets nothing, and is compelled at the same time to pay, or assist in paying, the bounties of States which have not paid them.
Mr. SCHENCK. Those States have the satisfaction of having treated their soldiers well.
Mr. BANKS. It is a surprise to the House that we should be called 11 n to vote for or against a Ipropriations of this kind.
Skip Skip Mr. 86 E. OK. I call for the vote. Mr. ANCONA demanded the yeas&nays. Mr. BANKS. I move to reconsider the vote by which the main question was ordered; and on that motion I demand the yeas and Days. Mr. SCHENCK. I move to lay the motion.to reconsider on the table. The House was divided; and there were ayes 68, noes 42. Mr. BANKS demanded the yeas&nays. The yeas&nays were ordered. the question was taken, and it was decided in the a rmative yeas 77, nays 62, not voting 44; So the motion to reconsider was laid upon the table. During the vote, Mr. CULLOM stated that Mr. Onrn, was Confined to his room byillness. from for a The vote was then announced as above recorded. The question then recurred on the passage of the bill. Mr. ANCONA demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the aifirmative yeas 139, nays 2, not voting 42; So the bill was passed. During the roll call, Mr. CULLOM said: The Gentfrom Indiana, Mr. Ours, is ill. If he was here he would vote for the bill. Mr. RADFORD. My colleague, Mr. WIN FIELD, is confined to his room by sickness. If here he would vote in the atiirmative. Mr. STILWELL. My colleague. Mr. HILL, is confined to his house by sickness. If here he would vote for the bill. )Mr. LEBLOND. My colleague, Mr. Fixes, is absent. If here he would vote in favor of this bill., Mr. RANDALL, of Pennsylvania. My colleague, Mr. Corrnorn, is absent. If here he would vote for the bill. Mr. RICE, of Maine. The Gentfrom Minnesota, Mr. Women, is absent. If present he would vote “a.” Mr. ANCONA. My colleague, Mr. Jons sox, is still detained by sickness. If here he would vote for the bill. Mr. COBB. My collea us, Mr. MCINDOE, is absent by leave of the House. If here he would vote “ay.” Mr. CULLOM. My colleague, Mr. Mom. ros, is absent. If he was here he would vote ibr the bill. The vote having been announced as above recorded, Mr. SCHENCK mtRtv just taken onlthe table. Agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. ANCONA asked and obtained leave of absence for his colleague, Mr. DENISON, for 2 weeks from today. APPRAISEMENT OF LAND IN OHIO. On motion of
Mr. LEBLOND, the report of the SecyInterior, in relation to the appraisement of certain land in Ohio be longing to William Sawyer and others, was taken from the Speaker 5 table and referred to the ComAppropriat. CONFERENCE COMMITTEE.
The SPEAKER announced that Mr. GLoss BRENNER was excused from service on the conference committee on House bill No. 85, in relation to the donation of lands in the southern States for homesteads, and Mr. Axcoss was appointed in his place. ADJOURNMENT OVER.
Mr. SPALDING. I move that when the House adjourns today it adjourn to meet on Monday.
Mr. MORRILL. I desire the House should belong enough in session to finish the tax bill this week. The motion was not agreed to. TAX BILL.
Mr. MORRILL moved 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 itseltinto the ComWhole on the state of the Union, (Mr. Dawns in the chair.) and resumed the consideration of the special order, being a bill of the House (No. 513) 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 Jone 30, 1864, and acts amendatory thereof. The pending paragraph was as follows: Tin cans used for preservedmeats.fish, shellfinh. fruits. vegetables.jams and jellies.
Mr. KELLEY. I move to strike out all after the word “ for ” and insert the words “ for packing purposes only;" so that it will read, “tin cans used for packin purposes only." We have alread included “ aching boxes made of wood." New, packingoxes are used for a variety of articles, and the amendment simplyproposes to embrace all tin vessels made for packing purposes only. It may be said that crackers another articles are sent out in tin cans. That is very true. There is no reason why they should not be, nor any reason why the box containing them, if made of tin, should be taxed while a wooden box in which they might be sent is exempt from tax.
Mr. MORRILL. These tin cans for preserved meats, fish, fruits, &c., are exem ited because we have placed a stamp duty on those articles. The gentleman proposes to exclude from taxation by his amendment 8.great variety of articles not only boxes and cans for crack ers, but for such articles as blocking, soda powders, ground mustard, sardines, pillboxes, and other articles too numerous tomention.
Mr. MORRILL. My modification is to reject the amendment. The amendment was not agreed to.
Mr. RANDALL, of Pennsylvania. I move to strike out the word “and” and to insert “s ices and medicines.” he amendment was not agreed to.
Mr. MORRILL. I move to add the following as a new paragraph: Sn ar. molasses or sirnn made from beets.sugar map a or from sorghumor imphce. The amendment was agreed to.
Mr. MORRILL. With the leave of the committee I will here offer such amendments as have been agreed upon by the ComWays and cans, so that members may understand what are to be offered by the committee and what not and where they are to come in.
Mr. THAYER. I have no objection if it is understood that we have not passed this para graph.
Mr. MORRILL. I move to insert after line 85 “muriatic, nitric, and acetic acid.” LThe amendment was agreed to.
Mr. MORRILL. In line 86, after the word “alum, ” insert “alumine us cake, patent alum and sulphate of aluminum.” The amendment was agreed to.
Mr. MORRILL. After line 92 insert “nitrate of lead.” The amendment was agreed to.
Mr. MORRILL. I move to insert other line 89 “born: and borucic acid.” The amendment was agreed to.
Mr. MOItRILL. After line 94 insert “sulphur.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move also to insert “litharge and orange mineral.” The amendment, was agreed to.
Mr. MORRILL. I move to insortofter line 102 “ wine made of rhubarb, Currants, and berries.” The amendment was agreed to.
Mr. MORRILL. In line 101, after “white load, ” insert “red lead." The amendment was agreed to.
Mr. MORRILL. In line 96, after ““soda, ” insert“sal soda;” also, a erthe word 0t" insert “pearl ashes." e amendment was agreed to.
Mr. MORRILL. I ask unanimous consent to make a verbal amendment to an amendment on page 76, offered by the Gentfrom iPounsylvania, [Mr. THAYER] which is as follows: In any port of entry within which is embracedmore than 2 collection districts the SecyTreasuryis hereby anthonzod to place all the bonded warehousesin Blld port under the charge of onecollector of internalrevenue to be by him designated; and the collector so designated shall have entiro charge and control of all matters connectedWithsaid bonded warehousesand the property stored therein. I move to insert alter the word “ shall” the words “under the regulations of the SecyTreasnr.”
Mr. THAYER. I accept that. The amendment was agreed to.
Mr. GARFIELD. I move to insert after line 90 “calcined magnesia, carbonate of ms nesia.” lha amendment was agreed to.
Mr. GARFIELD. In line 95 I move to add “nlnmine silicate of soda. The amendment was agreed to.
Mr. GARFIELD. In line 109, after the word “distillation, ” I move to insert “lubricating oil made of crude ctro li nin not exceeding in specific gravity t irty 6 degrees Baume s hydrometer." The amendment was agreed to.
Mr. MORRILL. I ask unanimous consent that the clerk of the ComWays&Means may make up this free list, when it is cmipleted, in alphabetical order. It was re)rted in rather a confused state, and it will c still more so when we ct through the bill. No objection being may c it was so ordered.
Mr. VANAERNAM. I move to amend by inserting before the line commencing “hemp and jute, ” do, the words “machines driven by here power and used exclusively for cut ting firewood, stave and shingle bolts.” That is a small machine, running a cross out saw, and usually driven by one horse. I hope the chairman of the committee will raise no objection to my amendment. The amendment was agreed to. M
Mr. STEVENS. I hope the Gentfrom NewYork [Mr. Van Amman] will include “handsaws” in his amendment. There are a great many woodsawyers who go about with handsaws, and they are now taxed as well as others.
The CHAIRMAN. It is too late for the Gentfrom NewYork to accept an thin, as his amendment has already been adopted. “
Mr. STEVENS. Then I move to insert handsaws.” The motion was agreed to.
Mr. THAYER. Imove to insert after “white leaf " the words “sulphuric, muriatic, nitric, acetic, and other acids, when used in the chem ical factor producing them for the production of other c emienls or salts.”
Mr. HOOIER, of Massachusetts. I raise the point of order that this whole list is not open to mise ellaneous amendment; only so much of it as has been read for amendment by the Clerk. Unanimous consent wasgiven to the chairman of the ComWays&Means [Mr. Monmun] to offer certain amendments to this free list which had been agreed upon by that committee; then we were to go back to where the Clerk had left off reading.
The Clerk read as follows: llomp and julo preparedfor textile or fclting purposes; yarn and warp for weaving.bltudlflK, or manufacturing purposese xclusively.
Mr. MORRILL. I certainly am not able to appreciate the argument that because we have a ready exempte something that should not have been exempted therefore we should go on still further in the same direction. I am read to concede that these articles are as new entitled to excmtion as some that have already been exempted y the action of the ComWhole. But they are not more entitled to exemption than many other articles which might bementioned, and upon which a tax is to be laid, such as mopandles, washing machines, wringing machines, 85c. Now, if we cannot halt somewhere in this work of exemption, as I have had occasion often to remark before, we shall soon not have any articles left upon which to lay any tax. Now, Sir, I propose a sort of compromise with my friendfrom Massachusetts, and that is this: Iwill move to strike out the words “wooden ware, " allowing brooms to remain in. I conceive that there is more merit in his suggestion as to brooms than with reference to the wooden ware. If the gentleman will compromise on this I shall be satisfied. I move to amend the amendmentbystrikingout“wooden ware.”
Mr. WASHBURN, of Massachusetts. Mr. Chairman, the Gentfrom Vermont says that we might with the same proriet exempt washinmachines. Now, sir t ie iiference is simply this: a wnshinmachine or a wring inginachine is covered dry a patent, and it is an article which every family is not obliged to have; but wooden ware includes articles which every famil must use.
Mr. MORRILL. Then there is a greater necessity for the reduction on those machines, because they are articles everybody cannot afford to use, and in their absence a greater amount of the sweat of the brow must be expended.
Mr. WASHBURN, of Massachusetts. Well, Mr. Chairman, if the principle which the gentleman advocates is that we are to reduce the price of an article where it is controlled by a monopoly and where it will make no differ once if a tax be imosed, that is a different principle from what understood him to have adopted. I understand him now to maintain that while tin cans which are used to reserve meats and fruits are exempted, articles of wooden ware, which every amily must use, should not be exempted. On eeing to the amendment to the amendment, there were ayed 2B, noes 85; no quo rum votin. The CHAIRMAN, under the rule, ordered tellers, and appointed Mr. WASHBUBN, of Massachusetts, and Mr. MORRILL. The committee divided; and the tellers reported ayes 37, noes not counted. So the amendment to the amendment was agreed to. The amendment, asamended, was agreed to.
The Clerk read as follows: Alum; aniline and aniline colors; bleaching pow ders; bichromate of potash; blue vitriol; copperas.
Mr. THAYER. I move to amend by adding the following:, Sulphuric. muriatic. nitric. acetic and other acids when used in the chemical factory producing them for the production of other chemicalsor salts. Mr. HOOPER, of Massachusetts. Muriatic, nitric, and acetic acid have already been included.
Mr. MORRILL. All of those articles that on ht to be in are already inserted.
The Clerk read as follows: Oxide of vine ; nitrate of lead: paints; painters and paperstaine rscolors; putty: sulphur; snlcra tns; sal soda; soda ash; caustic soda; lithargo, and oran o mineral: rude soda: sluminate o soda: bienr casts of soda; and silicate of soda; You st powders.
Mr. ONEILL. I move to amend by addi “mead sold in bottles or from fountains, an beer made from fruit.” I have understood, Mr. Chairman, that the ComWays&Means had intended to insert mead in the free list.
Mr. MORRILL. I believe that the proposition was considered, but the whole committee voted ainst it.
Mr. ONEI L. Then I think the committee must have voted under a misn prehension. The amendment was not agree to.
The Clerk read as follows: Sulphate of barytes, salts of tin. vordigris, white lead, red load. whiting: Wine innde ofrhubarb, cur rants and berries. not otherWisoprovided for; vege table. animal and fish oils of all descriptions, not otherwise provided for including red oil or olcio acid: and admixturesof the saine with pagalline ail, not exceeding in specific gravity 36 degrees Baunies hydromotor; paradine , paradinc nil. not exceeding inspocific gravity 36 degreesBonnies bydromctor, the product of a residuum of dlsilllflrtion; lubricating oil mndgtfrom. orudogetroleuin. coal, or se hnle. not oxceing in speci c gravity 36 degreesBaumes hydromctercrude po troleum, and crudeoil the product of the 1st and single distillation of coal, shale, asiihultum, peat, or otherbitumine us substances; tar and crude turpen me
Mr. DARLING. I move to amend by striking out in the last line of this par ph the words “ tar and ” My reason for o ering the amendment is simply this: feathers are taxed; tar should also be taxed, as the 2 articles have heretofore been extensively used in connection with each other; and they should not now be so united in the matter of taxation.
Mr. KELLEY, I hope the gentleman will not insist on that amendment. He does not know, perhaps, that if he should induce this Congress to impose a tax on tar he might involve us in another civilWar. I find that those excellent friends of our sagacious SecyTreasury who raise tar, the people of NCarolina, hold that all the laws made by the presentv congress and all that have been made since 1861, are unjust, unconstitutional, and invalid and that it is the duty of all raisers of tar to resist them at the point of the bayonet. In proof of this I ask the (.lerk to read a.short extract from the NCarolinian, of Wilson county, NCarolina, of the date of May 11. It is the editorial comment upon the notice that the NCarolinians are bound to pay taxes to this Government.
The CHAIRMAN. The Chair overrules the point of order, for the reason that it is read as a part of the speech of the Gentfrom Pennsylvania.
Mr. STEVENS. Do I understand my colleague to say that this is a part of the speech of the SecyTreasury?
Mr. KELLEY. It is from the pen of one of the friends of the SecyTreasury; those friends who a so with him that the laws are unconstitutiona which are passed without the consent of southern members. The readin of the paperwas then concluded.
Mr. HALE. I move to amend the amendment by striking out the last word; and for the purpose of vindicating the propriety of my motion I send up an article which I request the Clerk to read.
The Clerk read, as follows: "The NewYork Mercantile Journal is published weekly by the NewYork Mercantile Journal company. No. 2.Ffllllkllll square; entrance 360 Pearl “PPM, opposite Frankfort street. “Terms: Qne copy one year. 3: a club of live. 815. Includml an extra copy that a the personget mcans of on once. tingun the club. To citysubscribers delivered.9350. Termsstrictly in advance. No subscription received fo“r a loss termthan one your. Mercantile housesmuststand 2i orBE and above as exluiiied on the 4th page, in order to secure the n mission of theiradvertise mentsine urcolumns. "Rates for inserting firm name and address on 4th pagcor businessdirectory: one line, one our in Roman, " 20; oncline.oncyenr in ca itals.$ 040. “H. lleydnn is authorized to make contracts in connection with the journal. All orders. remit tancos and communications must be addressed to the NewYork Mercantile Journal. No. 2 Franklin square.NewYork. Box 1919.”
Mr. SLOAN. I rise to a point of order. The gentleman is out of order in his remarks, because they are not relevant.
Mr. LEBLOND. I rise for the purpose of opposing the amendment to the amendment. I wish to inquire of the distinguished Gentfrom Pennsylvania, as we have the benefit of the views of the SecyTreasury in an indirect way, whether e will inform the House what position the SecyWar takes on this or any other proposition.
Mr. KELLEY. I spoke of the SecyTreasury; and he let the peeple know that he is less partial to tinkers than to cosiers.
Mr. MORRILL. I make the point that all this discussion is out of order.
The CHAIRMAN. The Chair sustains the point of order. Mr. Hams amendment to the amendment was disagreed to. The amendment was then rejected.
The Clerk read as follows: Illuminating as manufactured by educational institutions for t icir own useexclusively;dpig iron: blooms.slabs and loops: railroad iron. on railroad iron rerolled; anvils; iron castingsfor bridges.
Mr. MORRILL. I move in line 115, alter “pig iron, " to insert “muck bar.” The amendment was agreed to.
Mr. BEAMAN. I move to strike out “castings for, ” so that it will read, “ iron bridges.” I understand that the chairman of the committee a ees to that amendment.
Mr. OOPER, of Massachusetts. I move an amendment to the amendment, so as to make it read, “iron bridges and castings for iron bridges.”
Mr. BEAMAN. I have no objection tothat, and will accept it as a modification of my own amendment. The amendment was agreed to.
Mr. BEAMAN. I move to insert “iron roofs for depots."
Mr. MORRILL. I think we have indulged the Gentfrom Michigan as far as we ought to on the subject of iron. Some parts of these roofs are composed of wrought iron, some of sheet iron, an some of cast iron. We cannot afford now to so far as the gentleman desires.
Mr. HOGATI. Imove to strike out “do ots, " so that we may have the iron roofs of all oases exempted from tax. The amendment to the amendment was reected. The amendment was also rejected.
The Clerk read as follows: Malleable iron castings.unfinished: spindles and cchaisnteinrgysuopfoanll descriptions made for locks and may which dutiesare tobeassessedand paid.
Mr. HOOPER, of Massachusetts. I move to strike out lines 121 and 122, as follows: S indles and castings of all description. madefor 100 s and machinery, upon which duties are to be assessedand pm and to insert in lieu thereof the following: Spindles and castings of all descriptions made specially for looks or for machinery, and notsold or usedfor any other purpose and upon which a tax is assessedand paid upon the articles of which the casting is a part. The amendment was agreed to.
Mr. MORRILL. In lines 124 and 125 alter the werds, “horseshoe nails” I move to insert the words “iron axles;” so that the clause will read, “ railroad chairs; railroad, boat, and ship spikes; ax polls; shoes tbr horses, mules, and oxen; rivets, horseshoe nails, iron axles, nuts, washers, and bolts; vises, iron chains and anchors; when such articles are made of wrought iron.” The amendment was agreed to.
Mr. HOOPER,of massachusetts. In line 126 I move to strike out the word “wrought, ” so that the clause will read, “vises, iron chains, and anchors; when such articles are made of iron which has previously paid the tax or duty assessed thereon.” The amendment was disagreed to.
Mr. BEAMAN. I move to amend, in line 123, by inserting after the word “chairs” the words “and fish plutes;” so that it will read, “railroad chairs and lish plates, " kc.
Mr. BEAMAN. They are merely substitutes for railroad chairs.
Mr. DARLING. Oh! no. not substitutes for chairs at all.
Mr. PRICE. A fishlate is a bar made to hold the ends of the rai s together, instead of the chair. The amendment was not agreed to.
Mr. ALLISON. I move to strike out the words “railroad chairs, ” and I do it for the purpose of asking the chairman of the ComWays&Means whether or not this last sentence of the paragraph, “when such articles are made of wrought iron, which has previously paid the tax or duty assessed thereon, ” does not exempt only those articles made of wrought iron? Railroad chairs are made both of cast and wrought iron; and yet this clause would only exempt those chairs made of wrought iron.
Mr. MORRILL. The clause exempts all that was intended to be exempted. Chairs made of pig iron are not taxed, while chairs made of wrought iron are taxed in the form of iron.
Mr. HOOPER, of Massachusetts. d offer the following as an additional amendment: Pickles when sold in gallons, and not containedin glasspackages. The amendment was agreed to.
The Clerk read as follows: Stoves, composedin part of castiron and in part of sheetiron or of soapstoneor freestone. With or Without cast iron or sheet iron: Provided. That the cast and sheetiron shall have gaid jhc tax or duty previously flSBGQ Stheed recomnocuied further That the exemptions aforesaid shall in all cases.be confin exclusively to said articles in the stateand condition specifiedin the foregoml enumeration and shall not extend to articles in any otherform, nor to manufactures from said articles.
Mr. HALE. In lines 130 and 131 I move to strike out the words “or of soapstone or freestone, with or withoutcast iron or sheet iron.” I would ask the chairman of the ComWays&Means why these articles should be put upon the free list, and whether the reason is that the only place in the country where they are made is in his district. [Laughter]
Mr. MORRILL. I believe that most of them are made at a point directly south of the gentlemans own district, in TroyI NewYork. hey are made of castings that have paid a tax, or of sheetiron that has paid a tax. This is one of the cases of the duplication of taxes. In relation to soapstone and freestone, I will say that I have had no applications from my district, so far as I remember, either before or since this bill was reported, in relation to that subject. All the applications have been from other parts of the country.
Mr. WILSON, of Iowa. I renew it for the purpose merely of asking a question. This aragraph is drawn with some adroitness. IVhen it was 1st read I supposed that it exempted all stoves; but I fin now that it reads “stoves composed in art of cast iron and in part of sheet iron, or o soapstone or freestone, with or without cast iron or sheet iron.” Now, if a stove is composed entirely of iron it is not embraced in this paragraph. Fish plates are
Mr. GARFIELD. The gentleman will see that upon age 91 “stoves, and hollow ware in all conditions, whether rough, tinned or enameled, and castings of iron not otherwise provided for, ” are taxed 3 dollars perton. ow, the iron that helps to make up these soapstone and freestone stoves has already been taxed. This, therefore. would be a do plicalion of taxes. That is the reason for the exemption.
Mr. WILSON, of Iowa. But soapstone and freestone pay no tax at all. Freestone is free, and also soapstone. It seems to me, therefore, that stoves made of soap stone or free stoue should not be exempt, unless you also exempt stoves madepf iron. The gentleman says this is ever small matter. I do not so understand it. understand that these stone stoves are entering verylargely into use in certain sections of the country, and that the manufacturers of them are engaged in extending the business, by the means of agents and advertising. all over the country, and that they are enabled now to supply the demand for them and yet those who use iron stoves are to be required to pay a tax of 3%. advalorem, while those who use freestone or soapstone stoves are not required to pay any tax. It does seem to me that if the one is exempted the other should be also. This is a provision in favor of an interest that is growing rapidly, and in favor of that section of country where, at present, these stoves are made exclusively.
Mr. GARFIELD. It would be perfectly proper for the gentleman to propose toput these articles under the 3%. tax. The only reason why they were exempted was that the articles were so cheap as to make the amount of revenue to be derived from them trifling.
Mr. MORRILL. Let me say to the Gentfrom Iowa that he is mistaken in supposing that this is a very large interest. In the 1st place, it is very diflicu t to find stone that will stniid fire. I know that very little stone can he found in the whole country that will stand fire without cracking and crumbling. The tax upon stoves of any sort amounts to a very small sum. The tax of 3 dollars perton is 15 cents per 100 pouiids, and a common cooking stove wei he it out 250 ounds, an sells for perhaps 25 to tiiirty dollars. The amendment was not agreed to.
Mr. ONEILL. I move to insert the following as an additional paragraph: Articles manufacturedin institutions for the blind, and institutions for the deaf and dumb. which are sold to aid in their support or the support of the pupils. I presume there will he no objection to that amendment. It simply exempts the few articles made in institutions for the blind and the deaf and dumb and sold for the benefit of those institutions.
Mr. MYERS. I move to add at the end of line 137 the following proviso: Amt providedfurther, That every person. firm or corporation whoshall havemadeany contract of purchase prior to the passageof this act Without provision for the dednction 0i duticsredueed or abolished bylaw enacted subsequentthereto, upon articles to be delivered under such contract is hereby authorized and empoweredtodeduct from the price thereof somuchmoneyas will be equivalent to that dul from which said articles have been so subsequenty exempted. I think a provision of this kind comes in appropriately after the list of exemptions. It is analogous to a section in the oriinal act declaring that the vendor might adto the amount of his contract the amount of the tax subseguently imposed by act of Congress. This amendmentgives the vendee the right to deduct the amount from the contract made with him at the time when it was supposed the articles were not exempt. If the original section was proper, this is etipall so. L
Mr. MORRILL. hope the committee will I not adopt such a provision as this, but will allow these parties to take their remedy under the law. Suppose a party under this provision should say that he would not allow the deduction, they would then have to o to law about it. I hope the amendment will be rejected. The amendment was disagreed to.
Mr. MORRILL. I move to strike out other the words, “ and in case said tax or duty is not paid on or before the last day of each and every month the collector shall, " the words “add 10%. thereto and make distraint there for as provided in other cases under the law to which this is an amendment, ” and insert in lieu thereof the words “proceed to collect the some in the manner provided bylaw; and so much of the 83rd section of the act to which this is an amendment, is hereby repealed.” The amendment was agreed to.
The Clerk read as follows: SEC. 13.Abife:, That every person. firm. company or corporation engaged in the manufacture or preparation for sale. y roasting grinding or other process.of codes or spices or of adulteriited codes or spices or of any article or compound intended for use in the udultciation or for use as a substitute for codes or spices or who shall put up for sale. either by himself or others.in packages Wltllhis or their own nameor trademark. any monu factured or prepared article or compound.as afore said shall be regardedand taxed as a manufacturer and shall give a bondin such amount as the collector of the district may deemproper. conditioned that he or theywill notse ll or dispose of any article so manufactured or prepiired by him or themwithouthaving pyaidlatwh.eatnadx owrdal tclioxmedptlhyeWpirtohpaelrlsttahme ppsroavsi srieoqnusiroof law relating thereto.
Mr. MORRILL. I move to strike out this section, as it has already been provided for in another part of this bill. The motion was agreed to.
The Clerk read as follows: SEQ“ and bell Abife: That apo the carics who manufacture.for their own dispensation and sales to consumersand to physiciaus. the medicines compoundedaccording to the U.S or other national pharmacopoeins or of which the full and proper formula is published in any of the dispen satoriesnow or hitherto in common use among physicians or apo the caries or in any pharmaceutical journal now issued by any incorporated college of pharmacy shall not be regardedas manufacturers under this net. But npo the carics and all other persons who manufacture for the dispensing and sales of others, or who make and advertise any article. medicinal or otherwise. simple or compound.with any special proprietary claim to merit or to special advantage in use or effect.whether such claim be basedon the properties.qualities, price, or another distinctive or distiii uishing characteristic, whether real or pretended.ois the articles so inndeand ndver find. whether such article he or be not made accordimzto the authorities abovecited in this proviso, the maker or makers thereof shall be regarded as manufacturers under this act and apo the carics shall not be regarded as retail dealersin liquors in consequenceof selling or of dispensing, upon phy lClflD8iPreSE lptl0n $hthe Winesand Qpirits officiual in the nited btutes and other national pharmacopteias, either simple or compounded.in quantities not exceeding half a pint of either at anyone time nor exceeding in aggregatecost value the sum of $30operaiinum.
Mr. MORRILL. I move to amend bystriking out the words “proviso, the maker or makers thereof, ” after the words “ the authorities above cited in this, ” and insert in lieu thereof the word “ section.” The amendment was agreed to.
The Clerk read as follows: $50.15. Abife: That no duty or stampshall be required for any uncompoundedinedi cinnldrug orchciiiienl. nor iivny medicince ompouiided according to the U.S or other national pliarmacoptris or of which the full and proper form ula i5 published in any of the thspensntoriesnow or hitherto in common use among physicians or a poth cenries or in any pharmaceuticaljournal now issued by any incorporated college of pharmacy and not sold or olfored for sale or advertisedunder any other name. form or guisethan that under wtheh they may be severally denominatedand laid down in said phiir mncopmias.dispensstories or journals as aforesaid; nor medicines sold to or for the use of any person which maybe mixed and compounded for said person according to the written receipt or prescription of any physician or surgeon. But nothing in this section shall be construedtoexemptfromstainpduty my and all medicinal llrticlcs. whether simple or compounded bv any rule. authority, or formula. ub lished or unpublished. which are put up in a.sty c or mlllllllT similar to that of piitciil or proprietary int d icines in general and advertisedin newspapersorby public lianilbills for popular sale and use.as having any special proprietary claim to merit or to any peculiar advantagein modeor preparation. quality. quantity. price. use, or effect.whether such claim be real or pretende.
Mr. MORRILL. I move to amend by striking out the words “of pharmacy and ” after the words “issued by any incorporated college” and inserting in lieu thereof the word “when.” The amendment was agreed to.
Mr. MORRILL. In the sentence, “ but nothing in this section shall be construed to exempt from stamp duty any and all medicinal articles.” &c., I move to strike out the words “and all” before the words “medicinal articles.” The motion was agreed to.
Mr. MORRILL. Near the close of the section I move to strike out the words “quantity, price, ” after the word “quality.” The motion was agreed to.
The Clerk read as follows: SEC.16. a Abife: gcml. That in caseany goodsor commoditiesfor or in respectwhereof any tax or duty is or shall be imposed or an materials. utensils. Orvessels proper or intended to be madeuse of for or in the makiuof such goodsor commodities shall he removed or shall be depositedor concealed in any place.With intent to defraud the U.S. of such duty or any part thereof. a llsuch goodsand commodities and a I such materials. utensils and vessels respectivelyshall be lorfcited and in every such case and in every case where any goods or commodities shall be forfeited under this act or any other set of Congressrelating to the internalrevenue. all and singular the ensks. vessels.cases or other packages whatsocver containing orivhich shall have contained such foods or commodities, respectively and every vesse. boat. cart. carriage or other conveyance whatsoever and all horsesor other animal and all things usedin the removal, or for the deposi or concealment thereof. respectively shall be forfeited; and every person who shall remove, deposit, or conceal or be concernedin removing. depositing, or concealing any goodsor commoditiesfor or in respect whereof any duty or taxis or shall be imposed. with intent to defraud the U.S.of such duty or tax or any part thereof shall be liable to a line or penalty of not exceeding.
Mr. GARFIELD. I move to insertthe words “or tax" after the words “with intent to de fraud the U.S. of such duty.” The motion was agreed to.
The Clerk read as follows: SEC.17. Abife:.That the judge of any circuit or district court of the U.S or any commissionerthereof.mayissuea searchwar rant. authorising any internalrevenue officer to searchany premises.if such offioer shall make oath in writingl that he has reason to believe and does believe. that a fraud upon the revenue has beenor is beingcommitted upon or by the use of said promises. No amendment bein offered,
The Clerk read as fo lows: SEC.18. Abife: That any person who shall sell. give or purchaseor receive any box. burrcl. bag or any vessel. packa e. wrapper. cover or envelope of any kind, which has been stumped. branded or marked in any way. so its to show that the contentsor intended contentsthereof have been duly inspected or that the tax or duty thereon has beenpaid or that any provision of the internalrevenuc laws has been complied with. whether such stampin. branding or marking may have been a duly authorized act or may befalse and counterfeit or otherwise without authority oflaw. said box. bur rol. bug.vessel.package. wrapper. cover or envel opestill bearing uneaneeledor uneriise dsaid stamp. brund or mark and being empty or containing anything else than contents which were therein when said articles had beenso lawfully stamped.liriinded or marked by an officer of the revenue shall be lia blo to a peniilt of not less than 50 nor more than 500 dollars; and all such boxes. barrels, bags. vessels. packages. wrappers. covers and envel opes.with their contents.belonging to such offender shall be forfeited to the U.S and any person who shall make. manufacture or produce any box. barrel. Bag vessel package wrapper cover or envelope. stamped. branded or mar ed. as above described, or shall stamp.brand or mark thesome.as hereinbetororecited shall upon conviction thereof. be liable to a penalty as before pronded in this section and any person who shall violate the foregoing provisions of this section. with intent to defraud the revenue or to defraud any icrson shall upon conviction thereof.be liable to a neof notless than 81.011 and imprisonmentfor not lessthan 6 months; and all such articles. with their contents belongigg to said otiendor shall be forfeited to the U.S.; and one half of said poniilty. forfeiture and fine. to be ascertained by judgment of court shall go to the informer.
Mr. MORRILL. I move to amend at the commencement of the section by striking out “any person who” and insert “in case any person before the words "shall sell, give, or purchase, ” the The amendment was agreed to.
Mr. MORRILL. Before the words “shall be liable to a penalty of not less than 50 nor more than 500 dollars, " I move to insert the words “or falsely or fraudulently stamped, branded, or marked, such person.” The motion was agreed to.
Mr. MOltRILL. I move to strike out the words “belonging to such ollender, ” and “ be longing to said offenders, ” before the words “shall be forfeited to the U.S. ” The motion was agreed to.
Mr. MORRILL. I move to strike out the words “and 1/2 of said penalty, forfeit ure, and fine, to be ascertained by judgment of court, shall go to the informer, ” at the end of the section. The motion was agreed to.
Mr. HALE. I move to strike out “and” and insert “or” before the words “and imprisonment for not less than 6 months, ” and also to insert after the words “six months" the words “or both such fine and imprisonment.” The motion was agreed to.
Mr. UPSON. I move to insert alter the last amendment the words “at the discretion of the court.” The motion was agreed to.
Mr. LYNCH. I move to strike out the words “uncanceled or unerased” after the words “or envelope still hearing.” I suppose this provision was meant to prevent the sale of ackages the contents of which have been sols. Now, a package before the contents have been sold may have a canceled or erased stamp upon it; or after the contents have been sold the stamp may be on it canceled. The fact that the stamp is canceled or uncanceled will not affect the question of the sale of the contentsbecause, as I take it, the cancellation is while the pack e is full, and without being emptied it passes from the custody of the revenue officers. The cancellation must be made while the packs e is full. Hence, if we allow the package to e sold with a canceled stamp upon it, it can be filled again, and there is no means on the part of the officers to detect it.
Mr. HOOPER, of Massachusetts. I think there is weight in the Suggestion of the Gentleman. I move, as an amendment to the amendment, to strike out from the paragraph the words: “still bearing uncanceled or underased said stamp, brand, or mark, and ”
Mr. LYNCH. I think that striking out the words “uncanceled or unerased” would an swer every purpose. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to.
The Clerk read as follows: Sec. 19.Abife:.That where any whisky oil. tobacco or other articles of manufacture or produce. requiring brands. stamps or marks of whatever kind to be placed thereon, shall be sold upon distruint. forfeiture, or other processprovided by law thesomenot havnig beenbriinded.st:imped or marked as required by law, the otheer se lling the same shall, upon sale thercof. fix or cause to be nllixed the brands. stamps or marks so required and deduct the expense thereof from the proceeds of such sale. No amendment bein offered,
The Clerk read as follows: Sec. 20. Abife: That manual labor schools and colleges shall not be required to paya manufacturers or special tax while the proceedsof the labor of such institutions are a plied exclusively to the support and maintenance O such institutions. No amendment bein offered,
The Clerk read as lo lows: Site.21.Abife: t.hat no suit shall be brought against any collector of customsor of internalrevenue for any duty. license, special tax or tax paid. unless such suit is brought within 6 months from the passageof this act, or within 6 months after the payment of such duty or tax. No amendment being offered,
The Clerk read as follows: SEC. 2. Abife: That section 15 of the act of March 3. 1863.entitled "An act to amend an not entitled An act to provide internalrevenue to support the Government. to pay interest on the publictle bt and for other purposes.ap iroved Juno 30.1861."be amended by striking out a I after the enactingclauseand inserting in lieu thereof the following: that in any port of the U.S. in which there is more than one collector of internalrevenue. the Setrotaryof the Treasury shall desig nate oncof said rollectorsto have chargeof all matters relatinglto the exportation of articles subjectto tax under tolaws to provideinternalrevenue: and ntench ports as the SecyTreasury may deem it necessarythere shall bean officerappointed by him to superintcud all mattersof exportation and drawback. undor the dircction of the collector.whose compensationthereforshall beprescribed by the SecyTreasury. but shall not exceed.in any case. an annual rate of 82.000.exce ting at NewYork. where the comensntion shall e an annual rate of $5.000;and cue compensation.togetherwith the otficc expensesofeuch superintendence shall not be included in the maximum of the ag regateax enses of the otheo of said collector. nd all the ooks, papers and documentsin the bureauof draw back int c respective ports, relating to the draw back of duties paid under the internalrevenuelaws shall be delivered to raid collector of internalrevenue; and any collector of internalrevenue or superintendent of exports and drawbacks shall have authority to administer such oaths and certify to such papers as may be necessary under any rules and regulations that may be prescribed under the authority herein conferr.
Mr. HOOPER, of Massachusetts. When the Gentfrom Pennsylvania [Ma lnAYER] made the other day a motion in regard to the warehouses at a port of entry where there is more than one collector, I told him that I thought the bill already contained a provision of that kind. I find, however, that this section does not quite cover what is desired, and I wish to propose an amendment to include what is wante in this section, as this relates to the same subject. I move to amend, therefore, by inserting at the beginning of the 11thline the words “all bonded warehOuses and;" so that the clause will read: The SecyTreasury shall designate oneof said collectorsto have charge of all bonied ware houses and all matters relating to the exportation 9f articles rubJect to tax under the laws to provide internalrevenue. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by inserting before the word “exportation, in the same line, the words “storage or.” The amendment was agreed to.
Mr. HOOPEIt, of Massachusetts. I move to amend by striking out the word “shall, ” in the same line, and inserting in lieu thereof the word “may.” The amendment was agreed to.
Mr. THAYER. This provision as now amended covers all the ground of the former amendment. 1 hope, therefore, that by unan imous consent the previous amendment will be stricken out.
The CHAIRMAN. I there be no objection that change will be made. There was no objection.
Mr. MORRILL. I moVe to amend by striking out from lines 20 to 23 the following: and such compensation.together with the office expensesof such superintendonce shall not be included in the maximum of the aggregateex cases of the officeof said collector. p The amendment was agreed to.
The Clerk read as follows: Sec. 23. Abife: That every person. firm or corporation.whodistills or manufactures spirits or who brewsor makesmash.Wort or wash. for distillation or the production of spirit shall be deemed a distiller. under this act and the making or keeping by any person of grain, mash.wash or beer.preparedor iitfordistillation. togetherwith the possession by such personof a still or other appara tus capable of usefor distilling.upon the same prem ise s shall be decmed and taken n spresumptiveovi dence that such person is a distiller Within the meaningof this act. No amendment. being offered,
The Clerk read as follows: Sec. 24. Abife: That every person. firm or corporation. who rectilies purifies or refines distilled spirits or wines by any process or who.by mixing distilled spirits or wine with any may terials. Manufactures any spurious. imitation, orcompound liquors for sale. under the name of whisky. randy. gin. ruin. Wine. "spirits." or “wine bitters." or any other name shall be regarded as a rectifier under this act. The hour of half past 4 oclock having arrived, the Speaker resumed the chair, and the House took a recess until half past 7 oclock p. m. EVENING SESSION. The House reassembled at half past 7 oclock p. m.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced that the Senate had passed a hill (8. No. 294) entitled “An act for the relief of John Gordon, ” in which the concurrence of the House was requested. The message further announced that the Senate had passed JtResolution (H.R.No. 184) relative to appointments in the Military Academy of the U.S., with an amendment, in which the concurrence of the House was requested. TAX BILL.
Mr. DAWES. 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. DAWlZSin the chair) and resumed the consideration of the special order, being a bill of the House (No. 518) 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.
Mr. HOOPER, of Massachusetts. Iask that, by unanimous consent, the committee go back to the 18th section and amend it by striking out in the 4th line the words “which has been.", There being no objection, the amendment was agreed to.
The Clerk read as follows: Sec.Abife: That every person. firm or corporation. required to pay a special tax as n sign a notdiicsetiilnlewr.ritoinrgastoa trhee catisfiseers.ssohroafllthmeadkisetraientd. stating the name or style under whicb. the name or names and the place or placesof residenceof the personor personsby whom and the place where.the usine ss is to be carried on and its nature. If the bHFlfltFS is that of it distiller. the notice shal. Ialso statethe kind of stills or boilers to be used.the capa city of CllCll.liO naine aromas of the owner or own c rsof the land or premiseson which the distillery is situated and the nature of the title by which such premiseswill be held and occupied. Any person or personswho shall make a false or fraudulent repro sentution in such notice shall be liable to a fine of. to be recoveredwith costsofsuit. No amendment bein offered,
Mr. HOOPER, of Massachusetts. I move in line 13 to strike out “party to." The amendment was agreed to.
Mr. INGERSOLL. I ask whether the Clerk has read this evening any other sections than this one.
The CHAIRMAN. He has read those immediately preceding it.
Mr. INGERSOLL. I wish to ask the committee to postpone the consideration of the section relatin to the manufacture of high wines until we have a fuller committee. It is an interest in which the West is largely conceried. I see that the committee is slim this evenina, I ask the chairman of the Committee of ays and Means to allow these sections to be reserved. Mi. GARFIELD. I have a verbal amendment to move. I move in line 16 to strike out “him” and insert “such distiller." The amendment was agreed to.
Mr. INGERSOLL. I ask the chairman of the ComWays&Means whether he will consent to my reposition.
Mr. MORltILL. he gentleman will see that what we have passed is merely formal.
Mr. INGERSOLL. I understand there is a provision in the bill prohibiting the manufacture of alcohol on the same premises where whisky is manufactured. I only want to have the opportunity to make objection or to move amen meats hereafter.
Mr. THAYER. I move in line 13 to strike out “any” and insert “all.” The amendment was agreed to. I
Mr. HARDING, of Illinois. I move to add the following at the end of line 57 Provided however.That any lieensod distillerhoving caolsmopoblettaein the da process of disetiliiyng spirits i.tsshianlt loanaldeomhaoyl i by continuous distillation in the same manufaetory in which the spirits are distilled and in that case shall not he required to run the spirits into cisterns and to put the same in cosks. barrels, or packages or pay the duty or tax thereon until the completion of the process of distillation when the provisions of law shall be applicable to the product.under regulations to be prescribed by the SecyTreasury.
Mr. GARFIELD. Iask the Gentfrom Illinois to postpone his amendment until we come to section 29.
Mr. HARDING, of Illinois. I shall be glad to accommodate the Gentfrom Ohio.
Mr. GARFIELD. It is no accommodation to me; I only want to save time.
Mr. HARDING, of Illinois. The section is passed, I understand, which prohibits the man as whisky. It recognizes 2 systems, one distinct from the other.
Mr. HOOPER, of Massachusetts. No such section has yet been adopted.
Mr. HARDING, of H ine is. I ask that my amendment shall be considered now. Mr. Chairman, I have looked over this bill with considerable care. I look on it asimportant that the interests which are connected with the protection of spirits, and which is expected to he a source of rest revenue to the Government, should be a lowed to be carried on with as little inconvenience as possible. It is iiota matter of so much moment to me how high the tax upon spirits shallbe as that no unnecessary inconvenience or obstruction shall be imposed upon the manufacture.
Mr. HOOPER, of Massachusetts. The Gentleman will allow me to interrupt him. I will call his attention to the 29th section where the subject is especially provided, an ask him to wait until we come to that section, It contains the restriction to which he objects, Mr. HARDING, of Illinois. I withdraw my amendment for the present.
Mr. ALLISON. I ask consent to go back and amend section 25 by striking out the following, at the close thereof: and the personor personsfurnishing the information upon which such seizureshall have beenmade or the officerwho madesuch seizure. ithaving acted upon information obtained by himself. shal. upon the order of the SecyTreasury. receive such part and in such proportions of a moiety of the said 100%.assessedpenalty and of a moiety of the said line when recovered.as the SecyTreasury shall determme. The amendment was agreed to.
Mr. ONEILL. I move to amend section 28 by insertinfiJ in line 30, after the word “therefrom, ” the following: anyone of whom havin? made the inspection during the current day shall cave with the said distiller a certificate to that eifect. whichshall. upon being sworn. prevent the necessity of any further inspection during that day. The clause will then read: That said book shall be O on at all hours during the day to the inspection O any assessor.asst assessor.collector. deputy collector. revenue agent or inspector who may make any memorandumsor transcripts therefrom, anyone of whom having made theinspection during thocurrentda shalllcave with the said distiller a certificate to that effect.which shall upon beingsworn. prevant the necessityofany further inspection during that day. My object in offering this amendment is to save trouble and vexation to the distillers from frequent, daily inspections. While I deem it necessary that a strict watch should be kept over distillers, I am anXious to see them relieved from too frequent visits of the revenue officers. Some check should certainly be put upon officials who for vexations purposes may insist upon making these inspections.
Mr. IORRILL. If the amendment of the gentleman prevails, the effect of it would be to afford ample security for the ceinmissmn of any amount of fraud after the inspector shall have once visited the establishment. The amendment was not agreed to.
The Clerk read as follows: SEC. 28. Abife: That upon every notice duly made. as herein provided, for making. ufacture of alcohol in the same establishment y distilling. rectifying or compounding spirits or spir ituous liquors and upon payment.of the special tax imposed and the due execution of the ond with suretics as required by law. such person or persons may usesuch utensils. machinery and apparatusin the place or premises specified in thenotice and in such place or premisesonly: PIOOlded That anycollector may refuseto receive such notice or approve of such bond. when.in hisiudgment. the location of the distillery is such as would enable the distiller to defraud the Government in respect to the revenue and in caseof such refusal. the distiller may sp e to the ComrIntReV whose decision in the matter shall be final. No amendment bein" offered,
Mr. MORRILL. I will say to the Gentfrom Illinois [Mr. HARDING] that if he desires it I will move to pass over this section till tomorrow when we can haven full House.
Mr. HARDING, of Illinois. I imagine that there can be no did uto upon the question which is raised by this amendment which I have proposed. Ihere can be no objection to continuing the business as it has been done for cars. The distillers all manufacture this big proof article, and we ask only that they may be allowed to continue the distillation of alcohol by a continuous process of distillation in the same room and by the same machinery. I only want tostrike out the word “alcohol" in the section.
Mr. MORRILL. I will move to pass it over.
Mr. HARDING, of Illinois. Iwas in hopes it would be accepted.
Mr. INGERSOLL objected, but afterwards withdrew his objeetion.
Mr. GARFIELD. I understand there is only one point desired to be passed over, and that is simply the word “alcohol.”
Mr. MeRUER. I move to amend by inserting after the word “ on, ” in section 29, the words “ or in any dwelling housef so that it will read, “ or where liquors of any description are retailed, or another business is car ried on, or in any dwelinghouse.” It seems to me it would be a wise provision that no distillation should be carried on in any dwelling house.
Mr. GARFIELD. Ihope that will be adopted. The amendment was agreed to.
Mr. COBB. I move to strike out in line 4 the words “beer, lager beer, ale, porter.”
Mr. HOOPER. of Massachusetts. Includ. the words “ or other fermented liquors.” If there is no objection
Mr. STEVENS. I thought this was passed over till tomorrow.
Mr. INGERSOLL. I beg pardon, the whole subject. No objection being made, the section was accordingly passed over.
The Clerk read as follows: SEC.30.Am! be it furlher marred.That every rec tifier or wholesale dealer in distilled spirits shall enter dnil. in a book or bookskept for the purpose. under sue rules and regulations as the ComrIntRev may prescribe.the number of proof gallons of spirits purchasedor received. of whom purchasedor received and the number of proof gallons sold or delivered: and every rectifier or wholesale dealer who shall neglect or refuse to keep such record shall forfeit all spiritsin his possession.together With the apparatus.tools and implements used and besubject to a fine of $500 or an imprisonment for not lessthan 6 months nor more than a year. in the discretion of the court and every rectifier shall markwith a stencil plate oneachpack age bf 5 gallons or more of distilled or rectified spirits sold by him his name and place of business. No amendment being offered,
The Clerk read as follows: SEC.31. Abife: That the owneror owners of any distillery shall provide. at his or their own expense.a warehousesuitable for thestorageof bondedspirits. of their own manufactureonly; or he or they may provide a secure room. in a suitable building. to be used as such warehouse;and no door window or other openingshall bemadeor permitted in the walls thereof. leading to any other room or building usedfor any other purpose or into the distillery; rind after a and has been given. as herein after provided. such warehouse or room. when approve by the ComrIntRev.on report of the district collector is hereby declared to ban bondedwareHouse of the U.S and shall be used only for the storing of spirits manufactured by the owner. afient or superintendent thereof and shall be under the custody of the inspectorasherein after provided; and shall be kept locked up by the proper otfieer in charge.at all times.exceptwhen he shall be present; and the tax on the spirits stored in such warehouse shall be paid before removal from such warehouse unless removed in pursuanceof law and the owner or owners of such warehouse shall executea general bondto the U.S. with 2 or more surclics. to be approvedb the collector; and such bond shall be for not lesst inn the amount of duties on the spirits to be covered thereby, and in such form and containing such conditions. as shall be approved by the ComrIntRev and maybe changed from time to time by the collector in regardto the amount and sureties thereof.
Mr. HOO PER, of Massachusetts. I move to strike out the word “ thereof" in the 15th line and insert the words “ of such distillery.” The amendment was agreed to.
Mr. INGERSOLL. I move to insert in line s“ix, after the word “warehouse, ” the words but no dwelling house shall be used for any such purpose;” so that it will read: Or he or theymay provide asecure room, in asuit able building. to be usedas such warehouse: but.no dwelling house shall be usedfor any such purpose.
Mr. HOOPER, of Massachusetts. Isee no objection. The amendment was agreed to.
Mr. BIDWELL. I suggest to the chairman of the committee whether, after the words “stencil plate, ” on age 153, line 14, the words “ or otherivise" should not be added.
The CHAIRMAN. That section has been passed.
The Clerk read as follows: SEC. 32. Abife: That general bondedwarehouses.for the storageof spirits or other merchandise allowed by law to be placedin bond to secure the payment of the internalrevenue tax thereon or the exportation thereof. may be established under such rules and regulations and upon the execution of such bonds as the ComrIntRev may prescribe and shall bein the immediate custody of storekeepers who shall be up poainptaeidd fmorotnhtahtly purpthoesecowlhleocsteocroomf ptheensdaitsitornicsthablyl the owners or Sroprictors of such warehouse and shall not excee the rates which may be allowed to storekeepers of bonded warehouses established under laws and regulations relating to customs. No amendment bein offered,
Mr. ALLISON. I desire to say a word in reference to this section. The object of the section, as of nearly every other section relating to this subject, is to Prevent fraud. if possible, in the manufacture of distilled spirits. While in some degree the objections made by itbe Gentfrom Kentucky [Mr. Hannixo] a be true, that the tendency of this section will be to concentrate the business of distilling in the larger distilleries, yet that is not the absolute effect of this section. As to the pay of these inspectors, it is only at the rate of $1,500 peryear for the time during which they. may be engaged.
Mr. HARDING, of Kentucky. But you do not allow them to be engaged in any other business while they hold the office ofinspeetor.
Mr. ALLISON. Undoubtedly while the inspector is performing this duty, while the distillery is in operation, he is expected to be just where the Gentfrom Kentucky [Mr. HARDING] saysie will be, examining the meal bags, the mashtubs, and the cornroom, to ascertain the amount of material used. Of course, if the distillery is running only 2 months a year, the ins ector will be paid for only the 2 months. xThe object of this section is to have every distillery supplied with an inspector, so that the Government may know at all times what amount of spirits are istilled in that distillery, and what amount of materials goes into it and is used in the distillery.
Mr. GRIDER. Will the Gentfrom Iowa [Mr. ALLisos] allow me to ask him a question?
Mr. GRIDER. The distilleries in the West, especially in Kentucky, operate during the 3 winter months. It is proposed to have an inspector at each of these distilleries, and during the rest of the year he will have nothing to do.
Mr. ALLISON. That is very true. These inspectors are only employed, as I said before. during the time when the distilleries are in operation and they are only paid for that time.
Mr. GRIDER. Then the resultwill be that if, in any particular county, there should be 50 distilleries you will have 50 inspectors on duty for 3 months of the year, and for the rest of the year you will have no use for them.
Mr. ALLISON. Very well; they are not. paid except while employed.
Mr. STEVENS. 1 am not exactly satisfied with this section, and therefore I move to amend by striking out the words “such compensation as the SecyTreasury may deem just and reasonable. at a rate not exceeding $1,500 perannum, ” and inserting in lieu thereof the words “two cents pergalion for all spirits inspected.” It is to be observed that by this section the cost of inspecting spirits is to be assessed upon the distiller. The inspector is to be paid $1,500a year; and the small distiller who distills only 100or 200 gallons is bound to pay it, while the distiller who distills his 1,000 or 5,000 a day pays no more, except so far as the one 8th of 1%. may go. Each one must pay a salary of $1,500 a yearito, an inspector. Each distiller is to have an ins ector placed in it, whether the amount distilled is 500 or 5,000 gallons a day. Now, I am willing to have the inspector paid according to the amount of whisky he may inspect, but not that he shall be paid the same for inspect in for a small distillery as for one that distil s 3 or 4 times as much. Therefore I think that this section of the bill should be carefully examined, as I cannot see that there is any nstice in it.
Mr. ECOPER, of Massachusetts. I rise to oppose the amendmentofm friendfrom Pennsylvania, [Mr. Stevens.] think there is very eat objection to it. If it should be adopted am afraid that we might lose the services of our friendfrom Illinois, [Mr. IxosnsoLL] He might wish to be appointed the inspector for some large distillery in his district, where they make, as I understand, from 2000 to 6,000gallons a day, for his compensation would then be from 40 to 100 dollars a day. I am afraid that might lead him or some other place in this House for the purpose of getting such a, position.
Mr. STEVENS. I will modify my amendment so that it shall be to strike out the words “such compensation as the SecyTreasury may deem just and reasonable, at a rate, ” and inserting “two cents a gallon for all distilled spirits inspected, but." That portion will then read, “and he shall be paid 2 cents pergallon for all distilled spirits in spected, but not exceeding $1 500 per annum.”
Mr. HOOPER, of Massachusetts. Then I withdraw my objection. I think that is very fair.
Mr. MORRILL. Imoveproformfi to amend so as to reduce the compensation to one cent pergallon. I think, Mr. Chairman, that there on ht to be no objection to this section as it stan s. I think it is even an improvement upon the present law; nor does it vary greatly from that law. The present. law requires these inspectors to be paid by the party employing them, and the rate of their compensation is fixed by the SecyTreasury. He fixes iIt, have no question, at as high a rate as is fixed in this bill. It is important that these inspectors should not be interested one way or the other as to the amount to be distilled, and that their pay should be sutheieut to place them above temptation. The compensation should be ample and such as will enable the Government to engn e the properkind of men competent, faithful, vigilant. The rate proposed is $1,500 a year, and they will he pai at that rate, whether employed for 30 days, or 60 days, or 6 months, or 12 months. The proposition made by the Gentfrom Pennsylvania is an extraordinary one. Even in the very smallest distillcrics the pay would amount to a larger sum than the aggregate for the largest distilleries. I trust, Mr. Chairman, that we shall leave the provision contained in the bill untouched. Certainly, judging from our past experience. it is of very great importance that we should frame such a law as will elfectually collect the revenue. In years past, while nearly 100million gallons perannum have been distilled and only ten to 15 million gallons were ever exported, we have obtained atax the past year upon only ten or 15 millions. The alance has been consumed either for drinking purposes or in the arts and manufactures. Everybody knows that we oughtto obtain twice or 3 times the amount which we have here tofore received; and one of the 1st requisites in order to obtain any revenue whatever is“ to have a proper inspector in every distillery. {JHeie the hammer fell.]
Mr. SCHENCK. I propose to amend by strikin out “$1, 600 a year” and inserting “ 5 dollars a da."
The CHAIRM N. The amendment, in that form, is not in order.
Mr. SCHENCK. Well, then, for the purpose of saying what I wish to say I move to amend the amendment by striking out “two cents” and inserting in lieu thereof “one cent." It may be that the amendment of the gentleman to withdraw from his Gentfrom . Pennsylvania will prvil; but it seems to me open to a very obvious objection. He proposes that the ay shall be at the rate of 2 cents er gal on for all that is distilled, notto excee, however, in the aggre gate, $1,500 a year. The operation of this would be that the inspector would continue on duty about a week, during which he would have made his $1,500, land as after that he must work for nothing, he would then resign. Thus we should have in each of the different distilleries some 50 or 60 inspectors perannum. If the gentleman would make the aggregate a perdiem ag regate he would obviate this objection. If e would provide that the in spectors shall receive a compensation in the s ape of a%a e upon each gallon distilled, but that it shatil be limited for each day that the inspector is on duty, the proposition would not e open to the objection I have stated. But: unquestionably, under the proposition in its present form, after the ins ector has made his $1,500, which in a large istill cryie will do in about a week, he wrll resign Ind make way for some other inspector, tor he must work the rest of the year for nothing.
Mr. STEVENS. May I correct the gentleman? After they get above the $1 500 they get in addition thereto one 8th of 1%. for every gallon they inspect. This is intended only for the small ones.
Mr. SCHENCK. I would like the Clerk to read the amendment again.
Mr. SCHENCK. I do not know how that computation is to be made. An a regate which is to be made at the rate of l but is it? I withdraw my amendment.
Mr. HALE. I rise to oppose the amendment proposed by the Gentfrom Illinois, [Mr. BROMWELL] i Ibeg leave to call the attention of the committee to the proposition which is before us in the consideration of this whisky tax, and to the revenue we have a rightto expect from that one item, and to the receipts that the returns of last year show should have come from it. We are seeking here, not to affect an moral question, not to regulate the habits of the people, but simply to raise the greatest possible amount of revenue from the article that we believe of all others best able to sustain. it. Now, the returns for the last year show that 45 million gallons of whisky, or about that, were consumed in this country, which should have produced, under the law, $90,000.000. The returns show that we received a revenue of about 17 million dollars, a tax on 8 and a half million gallons, or less than one 6th of the whole amount. Now, that revenue must either be made up by the enforcement of the law upon this article, or, as was well put by the Gentfrom Ohio, [Mr. Gunman] we must make it u upon other branches of industry. How is it to be done? Simply and only by an enforcement of the law most rigidly. The British government from its excise realizes $60,000,000 a year. Shall we be satisfied with a law so loosely drawn, so poorly enforced, as only to realize a revenue on one gallon out of every 6 we manufacture? Now, let us take the small distilleries which it is urged are to be crushed out by this provision; this rate of tax simply makes an expense, for this inspector, of 5 dollars on every $500 of revenue to the Government, taking $500 as a basis. Is that an oppressive tax? [Here the hammer fell.]
Mr. MORRILL. I move an amendment, to insertin lieu of the compensation now irovided by the paragraph the words “ 5 dollars perday." But, sir, as I am desirous to make as much progress in the bill as possible this evening, and as there are many provisions here that may excite some discussion, I move that the committee rise for the purpose of terminating debate. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. DAWES reported 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. 513, 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, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraphof the special order terminate inten minutes after the committee shall resume the consideration of the subject. The motion was agreed to.
Skip Skip LEAVE or ABSENCE. Mr. STEVENS. I ask leave of absence indefinitely for Mr. BLOW. No objection was made, and leave was granted. TAX BILL AGAIN.
Mr. MORRILL moved 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. DAWES in the chair) and resumed the consideration of the special order, being a bill of the House (No. 613) 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 pending question was upon the amendment of Mr. MORRILL, to strike out the words “such compensation as the SecyTreasury may deem just and reasonable, at a rate not exceedin $1,500 perannum, " and insertin" “ 5 dollars perday;” so that it will read, “ and he shall be paid live dollars or do for the time dugingwhich he is engage.”
Mr. HOOPER, of Massachusetts. 1 move to amend the amendment by striking out the words “holding the office of inspector; and he shall be paid such compensation as the SecyTreasury may deem just and reasonable, at a rate not exceeding $1,500 perannum, ” and insert “ employed as an in spector; and he shall be paid 5 dollars perday;” so that the clause will read, “ and shall not engage in any otherbusiness while omploed as an inspector; and he shall be paid 5 ol lars a dav.”
Mr. MORRILL. I will accept that amendment.
Mr. STEVENS. I will not insist upon my amendment but will withdraw it. The question was upon the amendment of Mr. MORRILL as modified. The amendment was agreed to.
Mr. DARLING. I move to amend by striking out the words “assessed by the assessor upon the distiller, and returned to the collector monthly, ” and insert “paid out of the public Treasury;” so that it shall read, “and the amount of compensation thus aid for inspection shall be paid out of the public Treasury.” I hold it to be clearly the duty of the government to pass such laws as may be necessary to protect itself against frauds on the revenue by the illicit distilation of spirits. But I contend that it is also the duty of the Government to pay the expenses of enforcing these provisions of its own laws, and not impose upon the class of small distillers this onerous and oppressive burden. I contend that there is as much honesty in the small distiller as there is.v in the large distiller. There is less incentive or motive to defraud the Government on the part of the man who distills but a few barrels a day than there is on the part of the man who distills 50 or 100 barrels a day. In my own districtthere are large numbers of these small distillers; and I have yet to learn that there has been among them anything like the proportion of frauds discovered that have been perpetrated by the large distillers. how, I think the Government has no right to pass laws discouraging a man in the prosecution of any particular business because he is not able to employ the same amount of capital in pursuing that business that the large distiller has. ltherefore trust that my amendment will prevail, and that the Government will pay from the public Treasury the expenses of this restriction, as the Government is to be, benefited by their operation. I maintain that the revenue from this source will be largely increased by a diminution of the tax. Ihold that a dollar tax, upon whisky would produce a larger amount of revenue than the 2 dollar tax. [Here the hammer fell.]
Mr. HARDING, of Kentucky. I move proformd to strike out the last word of the amendment of the Gentfrom NewYork, [Mr. Dmuxm] I think the amendment proposed by him will test the soundness and sincerity of the argument used by gentlemen here that this tax is paid by the consumer and not by the distiller. If that be so then they can have no objection to the amendment now offered by the Gentfrom NewYork. If you will have an inspector over every distillery, then give him a compensation of 5 dollars a day, and pay him out of the public Treasury. Then this provision will not break down the small distil ers, but they will still be able to go on with their business. But the idea that in order to guard against illicit distillation it is necessary to adopt a provision which will break down these small distillers is wholly fallaeious. I venture to assert that the larger the establishment the more fraud and villainy on will find in it. What is the necessity at alfor this inspection? You provide for the appointment of an inspector in every collection district and in addition to that you propose to provide for an inspector for every little distil ery at an annual salary of $1,500, to be paid by the distiller. It has been said by the Gentfrom Ohio [Mr. GARFIELD] that some of these distillers do not produce more than 4 or 500 gallons a day. He must know very little about the subject or he would know that there are 1,000s of distilleries that do not make more than 100 gallons a day each. Now, it is not necessary to disguise this matter at all. The object of this proposition is to crush out all those small distilleries and put the whole business in the hands of the large distilleries.
Mr. MORRILL. I would remind the Gentleman that we have already adopted an amendment providing that these inspectors shall be paid 5 dollars a day while employed.
Mr. HARDING, of Kentucky and why not also provide that they shall be paid out of the public Treasury? and if it is necessary to guard all these little establishments, why not have an inspector in every manufacturing establishment in the North and East, to be paid at their own cost? Gentlemen say it will cost but little more. Now, does the gentleman undertake to say that, under the o (1 law, every distiller has to ay the salary of an in spector? No, sir; an or the old law there are ins ectors for each collection district; and this bilfiretains them just as they are. The object, sir, is to break i: all those little distilleries throughout the I est. There is not one in 1,000that can stand out under such legislation. This is known to every man who is acquainted with the subject. Another object is to place the grain market within the grasp of those large monopolies, so that they can take the farmers produce at their own price and distill itin their large establishments. The amendment will obviate to some extent the objection to the provisions of the section. If it is deemed necessary on the part of the government to watch these little establishments, let it be done; but do it at Government expense, and not by a proeess that will crush out and destroy these small establishments, root and branch. I withdraw my amendment to the amendment.
Mr. SLOAN. I move to amend by striking out after the word “monthly” in the 33rd line the following: and in addition to the above compensation.such inspector shall receive one 8th of one cent for each and every proof gallon of distilled spirits in spected by him and removed to the honed ware house, which shall be paid by the distiller or owner of the spirits; but no compensationshall be allowed to such inspector for more than one inspection of such spirits.
The CHAIRMAN. That amendment is not germane to the pending amendment, and is not in order.
Skip Skip On the amendment of Mr. DARLING there were a es 42, noes 61. Mr. ARDING, of Kentucky, called for tellers. Tellers were ordered; and Messrs. Dmuzvo and GARFIELD were appointed. The committee divided; and the tellers reported ayes 42, noes 51. So the amendment was not agreed to.
Mr. SCHENCK. I move to amend by in sorting after the word “spirits” in the forticth line the following words: No inspector shall continue on duty at one and the same distillery for more than 60 days continuous y. The amendment was not agreed to.
Mr. DARLING. I move to amend by striking out in lines 37 and 38 the words “by the distiller or owner of the Spirits " and insertingin lieu thereof the words out of the public Treasury." The amensment was not agreed to.
Mr. RANDALL, of Kentucky. I move to amend by inserting at the end of the section the following: Arul provided further. That the pi ovisions of this section shall not up ly to the distiller: of apples grapes or peaches.w o distill lessthan 50 barrels peryear from the same. The amendment was not agreed to; there being ayes 24, noes not counted.
Mr. HARDING, of Kentucky. I move to amend by strikin out from line 31 to line 33 the following words: and the amount of compensation thus paid for inspection shall be assessedby the assessorupon the distiller and returned to the collector month. The amendment was not agreed to; there being ayes 21, noes not counted.
Mr. ONEILL. I move to amend by adding at the end of the section the following: Ayrdprooidedfurther. That the ffistillers shall be entitled to a certificateof inspection from any person who. under the provmons of this act. may have madean inspection. upon which certificate shall be noted the time of the day at which said inspection was made, apd also a statement.if such be the fact, that the distiller is complying with the law. Mr. Chairman, the committee having voted down an amendment offered by me earlier in the evening with a view of decreasing the count less inspections to which distillerics are daily subjected, I now submit this one. The purpose in view is to require the person making the inspection to give a certificate to the distiller. This involves some trouble to the in spector, and would, perhaps, satisfy a subse qpeut one that the prior inspection showing the law had not been isrcgarded was sufficient, and thus his duties were rendered unnecessary. While we must protect the Government, we should strive to make the law as little irksome as possible, and avoid, if we can, the too nu merous visitations of officials. The amendment was not agreed to. The question recurring on the motion of
Mr. Hsanuvo, of Kentucky, to strike out the section, the motion was not agreed to.
The Clerk read as follows: Size.34.A Abife: uclrd, That there shall be appointed by the SecyTreasury. in every collection district where the same may be necessary.one or more general inspectorsofspirits. who shall each take an oath faithfully to perform his duties. in such form as the ComrIntRev may prescribe and who shall be entitled to receiveone quarter of one cent for each and every wine gallon gauged and proved by him; and any owner. agent or superintendent of any distillery or bonded warehouse who shall refuseto admit an in spectorupon such premises.so far asit maybenecessary for the performanceof his duties or who shall obstruct an inspector in the performance of his duties shall forfeit and pay the sum of $500.to be recovered in the manner provided for recovery of other penalties imposed by this act. No amendment being offered,
Mr. HOOPER, of Massachusetts. I move to amend by striking out in line 31 the words “to e.” The amendment was agreed to.
The Clerk read as follows: $50.36 and be“ Abife: That. in addition to the special tax provided. men, shall belevied.collected and paid on all spirits that may be distilled and removed from the bonded warehouse for consumption or sale. of 1st proof. on and after the passageof this act. atax of twodollars on each and every proof gallon: and the said tax shall be a lien on the spirits distilled. on the distillery used for distilling the same.with the Elllls. vessels.fixtures and tools thorein. a d on theinterestof said distiller in the lot or tract of and whereon the said distillery is situated. until the said tax shall be paid: Provided. That the tax on all spirits shall be collected at no lower rate than the basisof1st proof and shall beincreasedin proportion for any greaterstrengththan thestrength of 1st proof.
Mr. HARDING, of Illinois. I move toamend by striking out “two dollars ” in line 5, and insertin in lieu thereof “ one dollar.” Mr. Chairman, in offering this amendment, I am actuated by the purest of motives in reference to the attainment of a large amount of revenue from this source. I have no interest in any distilling establishment, nor have many of my constituents. They are generally a sober, agricultural peeple, who prouce very largely the gross grains which are grown upon the western prairies mainly corn and rye. Here tofore in ourisolated condition we have found a large market for our products in these distill eries which manufactured grains into spirits. They enabled us ina much easier way to transport our products to market. The effect of the tax of 2 dollars a gallon is to destroy the legitimate manufacture of any large quantities OlgllIOSOgrains into high wines and a cohol and let me say another thing. The premium is too high for legitimate manufacture, and so long as we continue it we can provide no legal machinery which will enable us to collect the full revenue. I notify the House that the experience of last year will be the exerience of next year. With the temptations lield out by this law we can have no expectation of a faithful performance of duty on the part of these inspectors. I have no expectation of it. I believe that a tax of 2 dollars a gallon on spirits is too great a temptation to he guarded against. Ifgentlemen will, look into the machinery of this billthey will see it is required that the whole product of these distillations shall be run into vats every day. Some of these vats will contain 6,000 gallons. Do gentlemen expect the temptation will be resisted by men who are receiving only 5 dollars a day? They have only to shut their eyes Here the hammer fell.]
Mr. MORRILL. Our experience has shown that the cheating commenced about as rapidly at 20 cents and 60 cents as at 2 dollars. Believing the mind of every gentleman in the House is made up on this question, and that we do not want any discussion. I only rise to oppose the amendment proforma.
Mr. HALE. lar and one cent. Mr. Chairman, while I have had so far and still have. every disosition to sustain the ComWays an Means in the bill which is before the committee, it does seem to me, after the very elaborate argument reported by the revenue commissioners on this subject of the taxation ofwbisky, in which they very strongly demonstrate the impropriety of the present high tax and the propriety of lessening it, the question ought to be considered in a fuller House than we have tonight. [rise to suggest the prepriety of passing over this section so that we may take it up in a day session when the House is uller and an opportunity may be afforded for an interchange of views. Without expressing the intention of taking one side or the other, it seems to me to be a question which should not be voted on in a thin House.
Mr. MORRILL. if it were an original question very likely I might not disagree with the Gentfrom NewYork, but I do not suppose any different result would be obtained if the House were fuller. I think it is the purpose of a very large majority of the House, as well as of the country, to try the 2 dollar rate until the law has been fully tested.
Mr. HALE, by unanimous consent, with drew his amendment to the amendment. The amendment was then disagreed to.
The Clerk read as follows: SEC.37.AAbife: led.That proofspirit shall be held and taken to be that alcoholic liquor which contains 1/2 its volume of alcohol of a specific gravity of.7939at 60degreesFahrenheit and the tax on allspirits shall O levied according to their c uivalent in proof spirits: and the SecyTreasury is hereby authorized to adopt, procure and prescribe for use. sucb hydrometers.weighing and gauging instruments.motors or ptbermeai is for ascertaining the strength and quantity of spirits subject to tax and to prescribe such rules and regulotions ashe may deem necessaryto insure aiiniform and correctsystemof inspection. Wfllfilllllfl and ganging of spirits subject to tax throng out the U.S and in all sales of spirits hereafter made where not otherwise specially agreed.a gallon shal be taken to be a gallon of 1st proof. according to the foregoing standard set forth and declared forytbo inspectionandgaugingof spirits throughoutthe U.S. No amendment bein offered,
The Clerk read as to lows: SEC.38. Abife: That the owner agent or superintendent of any distillery established as hereinbefore provided shall erect.in a room or building to be provided and used for that purpose and for no other. twoormore receiving cisterns each to be at least of sufficient capacity to hold all the spirits distilled during the day of 24 hours. into oneof which shall be conveyedeachday all the spirits manufactured in said distillery during that day: and such cisterns shall be so constructed as to leave an open s aceof at least 3 feet between the tops thereof an the floor or roof above and of not lessthan 18 inchcs between the bottomsthereof and the floor below and shall be separatedin such a manner as will enable the inspector to passaround the same and shall be connectedwith the outlet of the stills. boilers or other vesselsused for distilling by suitable pipesor other apparatusso constructed as always to be exposedto the Viewof the inspector: such cisterns and the room in whichiliey are contained shall be in chargeof and under the lock and seal of the inspector: and on the 3rd day after the spirits are conveyedinto such cisterns the sameshall bedrawn oftinto casks or other packages.under the supervisionof theinspector.ands all beimmediately inspected gauged and proved, and the casksor puck azcs mar ed. as herein provided and be removed directl to the bonded warehouse beforementioned: ProuiJczl. That the spirits maybedrawrloiffromlsaid cisternsat any time previous to the 3rd day. if so desiredby theowner.agent.orsuperintendentofsuqh distillery: and all locks and sealsrequired undortbis act shall be provided by the SecyTreasury. at the expense of the owner of the distillery and shall becombination locks and susee tible of at least 96 changes and the bits of the keys thereof shall be changed at least once a week. nlld Sliilll always be in the custody of the inspector or asst inspector or the voficer having chargeof the distill cry and warehouse.
Mr. STEVENS. I move to strike out that section. It is the most extraordinary contrivance I ever heard of since I read of the cells under old feudal castles. The men who in vented it ought to have a patent. We are to have locks with 96 combinationshnd creepings in and about and around until it becomes a labyrinth more involved than Crete ever had. A man who went into it would have to take a thread with him to find his way out.
Mr. BROMWIJLL. I move to insert the word “ 3 ” in the place of “two” in line 4. I wish to ask the Gentfrom Ohio [Mr. Gmrmtn] if this section does not materially interfere with the business of carrying on distillation of alcohol. If the business of distillation is notto be iit under the ban of moral considerations, which I think influences some minds, if it is to be left like any other business in this country, as a matter of money and business, we certainly do not wish to hamperand disturb it in its most profitable form. Now, sir, in regions remote from market, the corn which is manufactured into whisky is also made into alcohol, and I would ask the chairman of the committee, or the gentleman who last addressed the committee, if the requirement of these cisterns and warehouses is not going to materially interfere with the business, of distilling alcohol. I do not know enough about this business to give an information as to it myself, but I understan that it is a great convenience and saving of labor and eXpense if the distiller is allowed to run his whisky directly into alcohol at his pleasure, without having it barreled or stored up in a bonded warehouse. Now, sir, this will affect the western distillers injuriously, I think; for it is a great deal cheaperto ship alcohol to NewYork or the eastern market than it is to ship corn and let it be distilled at the East. Every western man can see that if a distillery is worth anything to the West, it is worth more for the purpose of making alcohol than whisky. I should, therefore, from my understanding of it, favor the motion of the gentleman [ from Pennsylvania [Mr. STEVENS] to strike out the paragraph. amendment.
Skip Skip The question was taken on Mr. Srnvsxsls amendment, and it was disagreed to ayes 23, noes not cgunted.
Mr. HOOPER, of Massachusetts. I move to amend section 40 by striking out the words “the label, name, designation, or.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. In lines 5 and 6 I move to strike out the words “or wine of foreign growth or manufacture.” The amendment was agreed to.
Mr. PRICE. I move to amend that section in the 9th line by inserting after the word “pint” the words “and not more than one quart.” The amendment was agreed to.
Mr. WILSON, of Iowa. Unless the ComWays&Means can give some reason for retaining the words I move to strike out the words “or similitude.”
Mr. HOOPER, of Massachusetts. I suggest to the gentleman that he will accomplish his object y moving to strike out the words “similitude of;” and insert in lieu thereof “in imitation of;” so that the clause will read: That on all wines, liquors, or compoundsknown or denominatedaswine. madein imitationof sparkling wine orchampagneand at up in bottlosin imitation of any imported wmo, 0.
Mr. WILSON, of Iowa. I accept that as a modification of my amendment. The amendment, as modified, was agreed to.
Mr. WILSON, of Iowa. I move, also, to strike out in line 6the words “appearance or.” It seems to me that if a man puts up wine in bottles and it has the appearance of foreign wine, it is rather shar to subject him to these penalties. It might e very difficult to put up wine in bottles that might not have the appearance of foreign wine. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. At the request of my critical friendfrom Maine, [Mr. Burma] I move to amend the section in line s“ix by striking out the letter “0” in the word retence” and inserting “s” in place of it. [Eaughten] The amendment was not agreed to.
Mr. HOOPER, of Massachusetts. On line 39, in the 42nd section, Imove to insert the words “ not less than 50 dollars nor more than;” so that the clause Wlll read: and any inspector who shall knowingly put upon any such cask or package an yfal soor fraudulent marks shall, on conviction. be imprisoned one year, and beliablo to a line of notle ss than 50 nor more than 500 dollars. in the discretion of the court. The amendment was agreed to.
Mr. THAYER. I move to insert in line 38, before the words "shall, on conviction, be imprisoned one year, ” the following: and any inspector. asst inspector or officer temporarily in chargeofany distillery under this act. who shall conspire with the proprietor ofany distill cry or with any other person or persons to defraud the U.S. of anyrevenueor tax derived from distilled spirits or any part thereof orwho shall with intent to ( cfraud the U.S. of such revenue or tax make any fraudulent return or entry of cortiticateofreturn shallbeguilty ofamisdemeanor.tire. The committee have prepared a very elabo rate system of defenses here in regard to the payment of this tax to protect the Government against frauds on the revenue. But after all it must be evident to every one that notwithstanding all the precautions to which you resort, notwithstanding all the building regulations and combination locks and everything else you have put into your bill, you must at last depend upon the good faith of the inspector. You must have some hold upon theinspector, or all your precautions will be worthless. You have provided every other precaution; but you have no sufficient precaution against his pecalation. Quis custodiet ipsos custodes 7" Who is to inspect the inspector? Nobody. Now, I propose, by my amendment, to obtain a hold upon these inspectors, so that if the only persons whom we can hold for the payment of this tax shall play false to the Government they shall.be punished in a manner adequate to prevent the commission of the offense in the future.
Mr. ALLISON. I only desire to say to the Gentfrom Pennsylvania [Mr. lnnsit] t iat I think the object he has in view is provided for in section 46 of this bill.
Mr. THAYER. I do not think that is the case. I think my amendment better be inserted, and then if it shall be found that it is already provided for in another part of the bill it can be changed afterward. The amendment was agreed to.
Mr. SCHENCK. The very excellent amendment, as I regard it, of the Gentfrom Pennsylvania [ML THAYER] which has just been adopted, reminds me of one I attempted to have made in the 33rd section of this bill, and if I am permitted to move it now, I think the chairman of the ComWays&Means [Mr. Monnii.i.] will not object to it. My amendment was to prohibit anyone inspector being on duty more than 60 days continuously in anyone distillery. I therefore ask permission to go back to the section I have named in order that I may renew the amendment. No objection was made.
Mr. SCHENCK. I move to amend section 33 by inserting after the sentence ending with these words, “but no compensation shall be allowed to such inspector for more than one inspection of sach spirits, " the words “and no inspector shall continue on duty at one and the same distillery for more than 60 days continuously.” A large number of inspectors being employed, they may be changed from distillery to distillery without much inconvenience. As was remarked by the Gentfrom Pennsylvania, [Mr.Tnsyia] one of the great evils to be guarded against is the danger of collusion between the inspector and the distiller. Now, a distillery is a very seductive place, and an ins cctor who is constantly associated with the distiller and his men may become more intimate with them than he should be.
Mr. ELDRIDGE. I, wonld ask the gentleman if he thinks we cannot find men who will remain honest more than 60 days.
Mr. SCHENCK. I have no doubt thercare those who would continue honest for a longer period than that; but there are many who cannot remain honest for a single day. Every member here knows the effect of constant as sociation. A gentleman here who sits at the same desk with another does not like to vote against him; and when he feels compelled to do so, he gets as far over on the other side as possible. You do not like to vote aeainst the man who messes with you, with whom on have sat day after day at the same table. adthat is precisely the danger to be apprehended from these ins ectors, from long association with these distillers. After a time they become intimately acquainted with them, and if they do not become attached to them. they are “ hail fellows well met" with the distillers and their men. The Methodist church understands this perfectly well, and they do not allow one of their preachers to remain more than 2 years continuously with the same congregation.
MR. PRICE. The gentleman Mr. Spt K. do not yield.
Mr. SCHENCK. I will not allow myself to be interra ted.
he CHAIRMAN. 1 e Gentfrom Iowa [Mr. Pnics] is not in order, and will take his seat.
Mr. SCHENCK. There is aprinciple of human nature involved in this, whatever the Gentfrom Iowa [Mr. PRICE] may think of it. OCering the amendment as I doin good faith, I hope the vote will now be taken, and the amendment adopted.
Mr. PRICE. I am in order now, I believe. I only want to say that the Gentfrom Ohio [Mr. Sensse s] is not posted on the subject of the Methodist church. He better make himself acquainted with that subject before he refers to it here. The question was upon the amendment. Mr. Solisy ex. Tellers were ordered; and Messrs. SCHENCK and Ganrisw were appointed.
Mr. MORRILL. 1 he vote upon this amendment can be taken toine rrow. I now move that the committee rise. The motion was agreed to. So the committee rose and the Speaker having resumed the chair, Mr. DAWES reported 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. 613, 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, and had made commendable progress therein, but had come to no conclusion thereon and then, on motion of
Mr. ELDRIDGE, (at ten oclock p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The followin petitions. &e., werepresentedunder the rule and reerredto the appropriatecommittocs: By Mr. DARLING: the petitiop of Field 6: Evans, manufacturersof pearl buttons, in the city of NewYorkBryk. for an increaseof tariff on pearl buttons. Mr. D LA 0: The petition of Nathaniel Bedell, and 500others, citizens and woolgrowers of Hurpn county, Ohio, praying for increasedduty on foreign wools. By Mr. LAWRENCE, of Pennsylvania: The pet ition of citizeiisof Washington COED?, P BDDUYIVHIHE, askin for an increaseof duties on foreign wooils. B LIT. MYERS: The petition of Dr. Benjamin may one. late paymaster U.S. volunteers, who was robbed of funds drawn to pay troops with, and whose claim for relief has beenreported upon favorably by Judge Advocate Turner. By Mr. SpWYER: Thelnemorial of the board of directorsof the Sn at River Yalley Railroad compunyfor a tirant of and to aid in the construction of the Sugar tive r Valley railroad. from Freeport, in Illinois, to Madison. in Wisconsin. By Mr.SLOAN: The petition of the hoardofdircct ors of the Sugar River Valley Railroad Companyfor a grant of land to aid in the constructionofa railroad from.Frecport, Illinois, to the cityof madison, Wisconsin. Mr. FTHOMAS: The petition of John Todd. praying compepsation for se iVicesrendered to the Army of the U.S. during the late war against the southern rebellion.
###HOUSE OF REPRESENTATIVES. Ssruansr, May 26, 1866. The House met at 12 oclock m. The Journal of yesterday was read and approved. ORDER or nlislNitss.
Mr. MORRILL. I desire to ask unanimous consent that the morning hour today shall be dispensed with that we may proceed with the consideration of the tax bill. If this consent shall be given, I propose to yield to several Gentlemen to present matters that will take but little time.
Mr. MORRILL. I hope the gentleman will withdraw his objection.
Mr. INGERSOLL. If the House considers it of more importance to dispose of the tax bill than to get the canal and sewerage bill out of the way, I do not know that I ought to insist on my objection. I know that this sewerage bill does not interest the House; but it is desir able that it should be disposed of that other reports may be made. There are several committees that have been waiting for some time an opportunity to report. It is, I observe, the general disposition of the House to take up the tax bill; and I will therefore withdraw In objection. In consideration of this, I trust the House will give unanimous consent that a morning hour of some early day, next Monday or Tuesday perhaps, shall be given to the disosition of the canal bill.
The SPEAKER. What day does the Gentleman propose?
The SPEAKER. Is there unanimous consent that the morning hour of next Tuesday shall be devoted to the consideration of the canal and sewerage bill?
The SPEAKER. Monday cannot be as signed for that purpose.
Mr. INGERSOLL. Well, I withdraw the request. PASSPORTS.
Mr. WILSON, of Iowa, by unanimous consent reported back from the ComJudiciary the bill (H. a No. 568) entitled “An act to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress relating to pass ports, ” with a recommendation that the amendment of the Senate be concurred in.
Skip Skip The amendment of the Senate was read, as follows: Add at the endof the bill the words. “ and hereafter psiports shall beissuedonly to citizensof the U.S. a es." The amendment was concurred in. Mr. WILSON, of Iowa, mtRtv the amendment of the Senate was concurred in; on the table. Agreed to. RAILROAD and TELEGRAPH LINE. On motion of
Mr. DAVIS, by unanimous consent, Senate bill No. 123, entitled “An act grantin lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad in California, to Portland, in Oregon, ” was taken from the Speakers table, rea a 1st and 2nd time, and referred to the ComPacificRR. REPAIR. OF POTOMAC BRIDGE.
Mr. STEVENS, by unanimous consent, reported from the ComAppropriat aJtResolution making an appropriation for the repair of the Potomac bridge; which was read a 1st and 2nd time.
Mr. STEVENS. I hope the House will consent to consider and pass this JtResolution at the present time. The Long bridge has for a long time been out of repair, so as to be impassoile. We are informed that if this appropriation be made, the bridge can be put in perfect order within a week, while if the work O delayed till the ordinary appropriation bill shall have passed, the necessary repairs cannot be made for some time.
The SPEAKER. The Clerk will read the resolution, after which the Chair will ask for objections, if any. The JtResolution, which was read, provides for an appropriation of $10,000 to enable the ComrPubBldg and Grounds to place the Potomac bridge in such repair as to render it permanently passable, the work to be done immediately after the aproval of this JtResolution.
Mr. INGERSOLL. I desire to ask the chair manof the ComAppropriat whether the report of the civil engineer of the Interior Dept with reference to the repairs of the Long bridge has been submitted to the committee.
Mr. STEVENS. I believe that no formal report has been submitted.
Mr. INGERSOLL. I may be allowed to state that some weeks since a formal report from the civil engineer of the Interior Dept was presented to the SecyInterior; and that report showed that an expenditure of $16, 200 would be required for making the necessary repairs of this bridge.
Mr. STEVENS. I believe we did receive such a report, but the ComrPubBldg has made an examination in company with a competent bridgebuilder, and they have reported to the committee that $10,000 will be sufficient to do the work.
Skip Skip There being no objection, the JtResolution was ordered to e engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and asse d. Mr. STEVENS mtRtv the JtResolution was passed; on the table. Agreed to. PREVENTION or SMUGGLINE .
Mr. ELIOT. I move that Senate bill No. 222, entitled “An act further to prevent smug gling, and for other purposes, ” now on the Speakers table, he or ered to be printed. The motion was agreed to. RICHARD W. MEADE.
Mr. WOODBRIDGE. I ask unanimous consent to introduce a JtResolution refer ring the claim of the estate of Richard W. Meade to the Court of Claims. The Senate, by its resolution at the last session of Congress, referred this back to the Court of Claims, but it was decided that the case must be referred by joint action of both Houses of Congress. I do not think there can be any objection to the reference.
Mr. LAWRENCE, of Ohio. I object. I think the matter should be referred for examination. The JtResolution was introduced, read a 1st and 2nd time, and referred to the ComJudiciary. BOUNTIES op VETERAN VOLUNTEERS.
Mr. BROMWELL. I ask unanimous consent to introduce the following bill to compute the bounties of veteran volunteers so as to protect the rights of such: Be it enactedby the Senate and HoRep of the U.S.A. in Congressna ambled. That in computing the amount of bounty money allowed by any law to veteran volunteers. the sum of $100heretoforereceived by an such vot eran as part of his veteran bounty shall a exempt and in no way deducted from the bounty money allowed him; but that every veteran volunteer shall receive bount at the rate of 8 und 1/3rd dol lurs permont i for the time of his service during the period of his 1st enlistment.in addition to and With outin any waycounting his bounty as a veteran. There was no objection, and the bill was read a 1st and 2nd time and referred to the ComMilAffrs. ADDITIONAL POLICE FORCE.
Mr. LATHAM, by unanimous consent, submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComPublic Buildings and Grounds be instructed to inquire into the expodiency of anthormn the ComrPubBldg rarypelice and Groun to employ additional tempo force in and around the Smithsonian grounds. ARMOIKY AT ROCKISLAND. On motion of
Mr. COOK, Senate bill No. 330, making further provision for the establishment of an armory and arsenal of construction, deposit, and repair on RockIsland, Illinois, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComMilAffrs.
Skip Skip LEAVE OF ABSENCE. On motion of Mr. ANCONA, leave of absence was granted to his colleague, Mr. Borne, until June 4. DUNDAS PATENT.
Mr. CULLOM, by unanimous cohsent, submitted the followin resolution; which was read, considered, an agreed to: Resolved. That the SecyInterior ho requested to communicate to this House whether any app. ioationhas been made for the reissue of the Dunc aspatentfor cultivators; and if so by whom and ntwhat time and upon what grounds; and to transmit to this House copiesof all the papers and documentse onnectedwith the applications; and also to state what effectitwill haveupon the agricultural interestsof the country to reissue said patent and have the some relate. ack and cover the essential improvements made since tho year 1851 and also further to communicate wliat legislation is necessaryto protectthe interestsof the public in regard to such reissues of patents.
Mr. CULLOM mtRtv the resolution was adopted; upon the table. Agreed to. PERSONAL EXPLANATION. Mr. LAWRENCE, of Pennsylvania. Mr. Speaker, I rise to a very brief personal expla nation, and will consume only a moment. few days since, in casual debate in the House, I referred to some of the recent appointments in western Pennsylvania, and especially the case of Colonel Samuel McKelvy, whose name was sent to the Senate for marshal of western Pennsylvania. I said in substance that he was dismissed from the service of the U.S. on charges implicating his integrity as a man and an officer. I made this statement on verbal information, which I considered perfectly reli able at the time. I have since examined the proceedings of the courtmartial and find colonel McKclvy was tried on a single charge, load guilty, and was temporarily dismissed. but on a full explanation of the whole charge was restored. As I have no disposition to do any man injustice I have thought it due to my self to make this correction. TAX BILL.
Mr. MORRILL moved 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. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an act entitled “An act to provide internalrevenue to so port the Government to pay interest on the public debt, and for other purposes, ” approved gune 30, 1864, and acts amendatory thereof. The pendingquestion was on Mr. Sensse irs motion to amen section 33 by insert i“ng after the sentence ending with these words, but no compensation shall be allowed to such inspector for more than one inspection of such spirits, ” the words “and no inspector shall continue on duty at one and the same distillery for more than 60 days continuously.” The amendment was disagreed to.
Mr. MORRILL. I call up the following amendment:
Mr. MORRILL. The pointin dispute was, I think, in relation to the right of railroads to charge the tax on their passenger fares. believe it would operate very oppresswely not to allow them in some parts of the country to charge it, especially horse railroads not now paying their expenses.
Mr. HOOPER, of Massachusetts. Thereis one amendment accidentally omitted. After the words “transporting passengers for hire” I move to insert “except hacks or carriages not running on continuous routes." The amendment was agreed to.
Mr. HOTCHKISS. I thought it was under stood that the amendment I offered was to be printed with the other amendments.
Mr. MORRILL. The whole matter was referred to the committee, and we reported this.
Mr. FARNSWORTH. I move to amend by striking out that portion which provides that these corporations may charge to the passengers the amount of this tax. It is the 3rd proviso.
Skip Skip The question being taken on the motion to strike out the aforesaid proviso, no quorum voted. Tellers were ordered; and the Chairman appointed Messrs. Fmsswourii and Dans. The committee divided; and the tellers reported ayes 67, noes not counted. of the amendment was agreed to. Mr. HOTCHKISS. I would inquire if the amendment, as reported by the committee, regpeals the provision of section ten of the act O last ear. Mr. MORRILL. That section is already repealed.
Mr. HOTCHKISS. I desire to move an nmendment so as to reserve horse railroads. I believe the proviso stricken out includes horse railroads, and there are many of them that cannot live at the present rates of fare if they have to ay this tax.
Mr. HOOPER, of Massachusetts. Imove an amendment by inserting after the words “tu beats” the words “or horses, ” so that it will read, “which are floated or towed by tuboats or horses.” The amendment was agreed to.
Mr. WILSON, of Iowa. I would inquire whether it was intended to exempt all boats carrying mails from tax upon the receipts from passengers.
Mr. HOOPER,of massachusetts. My amendment simply applied to hacks and carriages not runiiin on continuous routes.
Mr. WILSON, of Iowa. I think the section as amended will exempt coaches carrying mails from this tax.
Mr. PIKE. I would like to know why these special exemptions should be made. I am wiiling to do the fair thing and strike out the tonnage tax all around.
Mr. WILSON, of Iowa. I think the section as amended on motion of the Gentfrom Massachusetts [Mr. Hoorsn] exempts all coaches carrying mails from the payment of taxes on receipts from passengers. If that is the intention of the committee I am entirely satisfied, but if it is not I think it had better be looked at.
Mr. MORRILL. As the amendment was repmted by me from the ComWays and leans, it certainly did not have that intent or meaning I do not know exactly how or where the amendment of the Gentfrom Massachusetts was inserted, or exactly what effect it may produce. It is possible that the Gentfrom Iowa is correct, and that it would exempt stagecoaches. I think it mightexempt more than the Gentfrom Massachusetts intended. I suppose he merely intended to exempt the hacks that ly about our cities.
Mr. HOOPER, of Massachnsetts. That is all that is embraced in it.
Mr. MORRILI. I ask the Clerk to read the amendment as amended. the aiuendment as amended wasa ain read.
Skip Skip The question was taken on Mr. L onmuis amendment, and it was agreed to.
Mr. HOTCHKISS. I move to add to the amendment just adopted the following additional proviso: provided. That all such persons.companies or coro crating nuyliorse railroad shall havethe right to ad the duty or tax to their rate of fare. This amendment applies only to our street railroads. It is represented on the part of the friends of these roads that they have already made their rates of fare as low as they can reduce them and sustain their roads. I desire, for one, to encourage these roads in every town in the country that can sustain one. They are the poor mans railroad the poor mans car riage. They provide him means of transportation when he cannot obtain it in any other way. They take the poor man to church on the Sab bath and take his children to school on week days. I hope the eXperiment will be tried for a.few years, and if we find that they can bear a reduction upon their charges, or can bear additional taxation, we can ay it on with a heavy hand. But it is, after all, a mere experiment, and we can alter this provision if we find it does not work well.
Mr. STEVENS. I should a great deal rather see these railroad fares altered so as to enable them to charge enough. The idea of laying a tax upon railroads, and allowing them to charge it to the passengers, is not according to my views of legitimate legislation. I know that there is one railroad in this city that is doing well. I know another one that never will do well unless it has passengers. {Laughter] I am opposed to this system. would rather authorize them to charge more fare, and then we shall know exactly what we have to pay.
Mr. DODGE. I move to strike out the last word of the amendment. The remarks of in colleague from NewYork Mr. Horcaxiss may be very correct in regar to the railroads in the smaller towns and cities; but we find in NewYork city that our street railroads there are very oppressive. They have obtained a right to run through our streets; they have obtained very valuable franchises on the condition that they would transport people from the lower to the upperart of the city, the poor men that the gentleman refers to, the mechanics, the men who cannot afford to walk 2 or 3 miles to their business. They got these valuable franchises because they would agree to carry passengers at a given fare. If this amendment passes they will be authorized to add this 2 and a half%. tax upon all these oor persons that the Gentleman refers to. fhope the amendment, so far as horse railroads in the large cities are concerned, will npt be adopted.
Mr. DAVIS. I believe that there is no measure of justice more worthy of our consideration at this time than that proposed by the amendment of my colleague, [Mr. HOTCHKISS.] He has already stated the beneficial nature and character of these railroads; that they are de signed, not only for the general convenience of the public, but for the special advantage of the poor. That is the case in all our large cities and flourishin towns; the corderive vast benefit from them. Now, i you go to the city of NewYork, you will find that these railroads are the avenues by which the poor leave the city to pass a few hours in the country and breathe the ore country air. As a sanitary measure and 1 institution I insist that these city roads are entitled to our encouragement. It has been stated by my colleague from the city of NewYork [Mr. DODGE] that these railroad grants for the city of NewYork were obtained by the individuals controlling them from the Legislature of NewYork without compensation, and therefore he would create a prejudice against these corporations. Even if that were the case they are no less beneficial to the community when constructed. Now, the parties owning these roads at this time are not the men who procured these grants from the Legislature, but they are men who have paid a compensation for all they have. Since 1860, when these grants were made, every article reaired in the construction and equipment of railroads has enhanced in value more than 100%. I state it on my ownpersonalknowledge, thataroad which in 1861could have been built for $10,000 a mile will now 00st $25,000 a mile.
Mr. STEVENS. Now, I want to know, as a mere matter of arithmetic, one thing from the Gentfrom NewYork, [Mr. DAVIS] The poor people now can ride, or could ride without this law, for 5 cents; and it is proposed to add a cent to each fare. I want to now how much that takes off from their burdens.
Mr. DAVIS. It adds agreat benefit to them. [Laughter.] That is the reason of my argument, for I say that upon a fare of 5 cents there is not a city railroad in NewYork that will support itself.
Mr. STEVENS. Suppose you add 2 cents to each fare, then that will double the benefit.
Mr. DAVIS. Undoubtedly it will and I think it is perfectly proper for these corporations, whose fares are limited by theigcharters or by mnnicipal regulations, to add the federal tax to the rate of fare. Why should we apply a different principle to a railroad corpo ration than we aply to an individual? An individual has a rig it, if he be taxed by this Government, to add the amount of his tax to the commodities in which he deals. A corporation has no such power, because it is the creature of legislation and therefore when we come to lay our hands upon them we should be careful to give them the means of relief.
Mr. DODGE withdrew his amendment to the amendment of Mr. HOTCHKISS.
Mr. MORRILL. I move that the committee rise for the purpose of closing debate on the pending paragraph. The motion was agreed to. 7 So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, Eeing bill of the House No. 618, to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 80, 1864, and acts amendatory thereof, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order terminate in one minute after the committee shall resume the consideration of the subject. he motion was agreed to. IAX BILL Again.
Mr. MORRILL. I move that the rules be 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 accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, being a hill of the H“ouse (No. 513) to amend aii not entitled An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, " approved gune 30, 1864, and acts amendatory thereof. The pending question was upon the amendment of Mr. Horenxiss to allow horse railroads to add their tax to their fares.
Mr. HARDING, of Illinois. I move to strike out the last word for the purpose of proposing an inquiry to the Gentfrom NewYork, [Mr Davis.] I want to know from him, why not apply the same principle to notes bearing interest which are taxe I A note bearing 6% is taxed; why not allow the tax to be added to the rate of interest allowed? [Laughter]
Mr. DAVIS. I did not hear the question of the Gentfrom Illinois, [Mr. ARDING]
The CHAIRMAN. Debate is closed on this paragraph, by order of the House.
Mr. STEVENS. I move that the Gentfrom NewYork [Mr. DAVIS] be allowed 2 minutes to answer the question. [Laughter.]
Mr. DAVIS. I did not hear the question. I will attempt to answer any question I under stan.
Skip Skip The amendment of Mr. HOTCHKISS was not agreed to., Mr. LYNCH. I move to amend by inse rting at the end of the 3rd proviso of the amendment last adopted the following: Nor upon the receiptsof any horse railroad runnin in one ormore towns or cities whose population in toaggregate, according to the last preceding census.does not exceed 40,000 persons. The amendment was not agreed to.
The Clerk proceeded to read section 45, but was interrupted by Mr. LYNCH, who said: I rise to a point of order, which is that I called for a vote by division on my amendment immediately after the result of the vivfi. Voce vote was announced.
The CHAIRMAN. That is not a question of order, but a question of fact. lfthe gentleman states that the called for a division in time, the Chair wil. but the question again.
The CHAIRMAN. That is sufficient. The question being again put on the amendment. Mr. LYNCH, there were, on a division es 18, noes not counted. Mr. ANCONA called for tellers. Tellers were not ordered. So the amendment was rejected.
Mr. LYNCH. I move to amend by inserting at the end of the 3rd proviso of the amendment last adopted to section 44 the following: Nor upon any person, firm, company, or corporation engaged in transporting property or passengers for hire whose gross receipts upon such transportation do not exceed their current expenses.
The CHAIRMAN. That amendment is not in order, the committee having passed the section to which the amendment was offered.
The Clerk continued and concluded the reading of section 45, as follows: SEC.45.Abife:, That any spirits or other merchandise may be removed from bonded warehouse.for the purpose of bein exported. upon the order of the superintendent o exports for the port whencethe spirits are to be exported; and such order shall state the port to which such spirits are to be shipped and the nameof the vessel, and also the number of proof gallons and the marks of the pack ages or casks.which shall be taken from and shall agreewith the return of said spirits madeby the in spectorof the warehouse: and such spirits or other merchandiseshall he branded " U. S. bondedware house, (or export." and shall be put on board of the meal in or bywhich they are to be exported, by an of the erunder direction of the superintendent of exports and placedunder the supervision of an officerof the customs, after a bond shall have been givenin such formandeontainingsuch conditionsas the ComrIntRev may prescribe, with i one or more surctics, to be approved, ns to the rllllll ciency of the sureties. as the ComrIntRev may direct and such bond shall he 1, canceledupon the presentationof the proper certificate that said spirits have been landed at the port namedin said bond or atanyother port without the l jurisdiction of the U.S.:or upon satisfaciI cry proof that otter shipment the spirits have been 0st and at any port where there shall be no superintendent of exports, all the duties and services required of superintendentsof exports and drawback shall devolveupon and be performed by the collector of internalrevenue designated to have charge of exportations.
Mr. MORRILL. In section 29, which was reserved last nightupon the mg gestion of the Gentfrom Illinois, the 1, ComWays&Means have concluded to make such amendments as will not prevent i alcohol from being distilled with whisky or other spirits. I therefore move to amend by striking out in line 8 of that section the words “ or alcohol, " and inserting before the word “other” the word “or;” so that the clause will read: and no still, boiler, or other vessel shall be used asaforesaidin any building or on any premiseswhere beer. lager beer, ale. porter, or at or fermented liquors, vinegar, or other, are manufactured or produced. orwhere sugarsor sirups are refined, orw icre liquors of any description are retailed or any other businessis carried on. The amendment was agreed to.
Mr. MORRILL. Imove also to amend the 44thsection by striking out, after the I word “packages” in the 54th line, the l words “for export;” so that the clause will read: Or for the purpose of being rectified or redistilled. canned, or put into other packages, under such rules and regulations and the execution of such bonds or other security as the SecyTreasury may prescribe. The amendment was agreed to., BILALLISON. Imove to amend section 25 byinserting after the word “ there of” in line 36the following: and such assessedpenalties and fines when recov ered shall be distributed according to law. The amendment was agreed to.
Mr. ALLISON. I move to amend section 35 by inserting after the words “proof thereof” in line 13, the following: and the number of gallons sold with the proof thereof and the name and place of businessof the person to whom sol. The amendment was agreed to.
Mr. COBB. I desire to move several amendments to section 29, which has been reserved. I move, in the 1st place. to amend by striking out in the 4th line of that section the words “beer, lager beer, ale, porter, or other fermented liquors.” It may be, Mr. Chairman, that there are abundant reasons for this provision of the bill, which I suppose is intended as a precautionary measure for the prevention of frauds upon the revenue. I am not sufficiently acquainted with the investigations upon this subject to know to what extent that reason may apply or be a good one. It seems to me, afterhaving adopted the very perfect system of machinery for the prevention of fraud of inspectors, vats, receivers, and all that, it. will scarcely lie in the mouth of the committee or the Government. to say it will be impossible to prevent fraud upon the Treasury in cases where a still may be kept in the same establishment with a brewery. I know from my limited observation of the matter that in some of the breweries in the West, and I presume it is so elsewhere, it is necessary, in order to save matter which becomes to some extent damaged in certain kinds of weather or by some unskillful manipulations, to use it for purposes of distillation. Hence, in most of the breweries they have a small distilling apparatus with which they use up this matter which is unfit for brewing and would otherwise go to waste. I think, therefore, a serious loss will be incurred by these brewers if they are not permitted to use this aparatus. I do not believe it is necessary to me of this prohibition for the purpose of protecting the revenue of the country. Knowing that some of my constituents have this machinery and would suffer loss by any such prohibition, I have deemed it proper to submit this amendment.
Mr. GARFIELD. Mr. Chairman, I hope the amendment of the Gentfrom Wisconsin will not prevail. I may safely say a majority of the cases of fraud during last year have been in establishments where stills were kept in connection with beer breweries. Sour beer can be manufactured into spirits, and a little still may be concealed among the machinery of a large lager beer brewery. These stills are there and it is hard to get at them. The system of ins ection for spirits does not apply to fermentctfliquors, and therefore if we a low little stills to be set up in the mass of machinery in a lager beer brewery, it. will be impossible to reach them. It may be a small loss to the parties, but a very small loss, because they can always sell this sour beer to the distilleries. If these words are stricken out it will seriously impair the etiiciency of the law.
Mr. PAINE. I would suggest to my colleague to strike out the same words in line 7. I corroborate the statement made by him in respect to the practice in our State. I believe there is no dispute about it. The pradtice has grown up in breweries, numerous in our part of the world, of having these stills to save damaged stuff from going to loss; and the adoption of this provision will work serious injury to many who are engaged in these breweries. It seems to me there ought to be some arrangement by which honest brewers should be permitted to continue to use these stills. It will enable them to turn to account what would otherwise be wasted. I suggest the ComWays&Means may devise a system ofinspection to cover the case.
Mr. GARFIELD. If the gentleman will look at the concluding paragraph of the 55th section he will see there has been an allowance made of 7 and a half%. for the purpose of covering the loss they may incur by the waste of sour beer. It need not be waste, as it can be sold to the distillers. We have preferred to make that allowance rather than to let these stills remain in these breweries. If the amendment prevails then the whole s 5 tom ofinspection to distilleries will be applied to the breweries.
Mr. COBB. I move to strike out the same words in line 7. Now, Mr. Chairman, there is not a subdistrictin the U.S. where the deputy assessor, if he is fit for his business, does not know every single brewery which has a distill ery attached and the amount of liquor distilled. I cannot see why a man cannot be a distiller and n brewer as well as a lawyer and a claim agent. The amendment was not agreed to.
Mr. HOOPER, of Massachusetts. I move to amend on page 152, line 15, by inserting at the commencement of it the words “ or in any dwellinghouse." The amendment was agreed to.
Mr. HARDING, of Illinois. I understood the chairman of the committee to declare that they were willing to make an amendment by which alcohol could be distilled in a distillery where they distill spirits. They have made an amendment which they declared to have that end and effect. Now, I think the language is ambiguous; therefore I repose that it shall be explicitly stated in the 3rd line of the 23rd section.
Mr. HOOPER, of Massachusetts. We are on the 29th section, and I suggest that we had better finish it.
Mr. HARDING, of Illinois. I ask unanimous consent to offer it to section 23.
Mr. HARDING, of Illinois. Section 23 reads as follows: That every person, firm, or corporationwho distills or manufacturesspirits, or whobrewsor makesmash. wortnorwssh for the distillation or the production of spirits shall be deemed a distiller under this act. I propose to amend by adding after the word “spirits” the words "“or alcohol by continuous distillation from grain."
Mr. GARFIELD. That is right. The amendment was agreed to.
Mr. ALLISON. I move an amendment on page 14, after line 122, which I send to the desk. This paragraph was reserved.
The Clerk read the amendment, as follows: and in addition to other provisions of law when ever fraud is alleged as to any list or return, and the partycharged with fraud shall make denial of the somein writing and shulldeinand a hearing thereon, and shall tender to the assessor of the proper district a bond wrth 2 or moresurcties payable to the U.S., in a sum not less than double the amount of the tax. togetherwith the penalties assessedbe cause of sueh nlleIred fraud and conditioned that such person Wlll abide by the orders and Judgments of (he court before whom such case shall be heard, tllldwrll pay whateversum may be adjudgedagainst him for tax or penulty or both, and also all costs that may be adjudged naainst him and upon the approval of such bond by such assessorit shall be the duty of such assessorto transmit to the district attorney of the U.S. for the district Within which such collection district is situated all the papers in the case; and it shall also be the duty of said district attorney to immediately institute in the proper circuit or district court of the U.S. a suit for the recovery of the tax, penalties, or forfeitures assessed or incurred becauseof such alleged fraud, and the same shall be prosecutedto Judgment as in other ense sh and such cases shall have prece doneeover other civil cases on the calendar of such court and until final Judgment all proceedingsby the assessorand collector shall besuspended; and in case of seizureof property. the property seizedshall be released upon the approval of the bond herein provided for. but nothing herein contained shall be construed to atfect in any manner proceedings by indictment as provided by law.
Mr. ALLISON. This provision is inserted to meet the objection to the section made by the Gentfrom Pennsylvania. It is the same provision offered by him with some additions and erasures. The amendment was agreed to.
Mr. HOLMES. I offer the following amendment to the same section:. On page 13. line 93. after the word "proper" insert the words “not inconsistent with the provisions of existing laws for the punishment of contempt.” The amendment was agreed to.
Mr. THAYER. I wish to call the attention of the committee to an amendment which was offered to this section when we had it under consideration. It was odered by myself, to in corporate in this section the provision of a subsequent section in regard to the payment of witness fees on preliminary examinations by assessors, and the payment of mileage to assessors in such cases. It would come in immediately preceding the amendment lust adopted. I move, after the word “ purpose, ” in line 122, to insert the following: When the assessor is requiredo r compelledtotravel to make examinations. as provided in this section. he shall be allowed mileage and his necessary and propertraveling excases. The costs for the atteudance and mileage o witnesses shall be taxed by the assessorand paid by the delinquent parties. Or otherwise by the collector of the district on certificate of the assessor, at the rates usually allowed in said gitsttrieftor witnessesin district court! of the U.S. ses.
Mr. ALLISON. No objection to that. The amendment was agreed to.
Mr. RANDALL, of Kentucky. I desire to offer an amendment to section 36.
Mr. RANDALL, of Kentucky. I ask the unanimous consent of the committee to go back to that section.
Mr. WILSON, of Iowa. The 152nd section of the existing law provides that an unstam ecl recorded instrument shall be of no O ect whatever. The amendment of the gentleman proposes to go back and constitute all of these unstamped records constructive notice of what they contain. Now, that is all they could be as recorded instruments if they had been properly so that all the interests which may hsatvaempeedon; acquired prior to the passage of this act, whether in good faith or not, are covered by the provision in the 1st part of this section declaring that all of these unstainped deeds shall be constructive notice to all persons of their contents. This amendment would be a great deal worse than the existing law.
Mr. ALLISON. I rise to oppose the amendment.
Mr. DAVIS. I desire to say a word on my amendment.
The CHAIRMAN. The gentleman will say his word now.
Mr. DAVIS. What I wish to accomplish by my amendment is simply to protect these parties who have acted in good) faith in plaein these unstamped instruments on record; an not allow a person, finding by an examination of the recor that there is an instrument upon record which has accidentall been ille ally recorded, to avail himself of this act which i we attempt here to pass to defeat the title of an honest and innocent rty.
Mr. WILSON, of Idwa. The case the Gentleman now puts, if such a case should occur, would not be constructive notice to the party who should examine the record, but it would be actual notice by bringing that fact to the knowledge of the parties. Now, the difficulty with the amendment of the gentleman is that instead of.roviding for a case of the kind he has stated e provides that these unstamped instruments shall be constructive notice by being upon the record. Now, if the gentleman desires to provide that actual notice of the existence of the interest embraced in one of these unstamped instruments shall save the party holding it from any innry by a subsequent purchaser having knowledge of the illegality of the record, that is a very different l l 1 Itive notice, then he is trenching upon ground that we should not trench upon, for it may i interfere with 1,000s of titles.
Mr. DAVIS. I would like to asle the Gentfrom Iowa, LIMr. WILSON] l
The CHAIRMA. The Gentfrom l NewYork [Mr. DAVIS] has 1/2 minute eft.
Mr. DAVIS. Then I will take some other opportunity.
Mr. ALLISON. I rise to op ose the amendment of the Gentfrom i. NewYork, [Mr. Dans] The portion he proposes to strike out is substantially the provision of the existing law and there is nothing whatever in his amendment which will really require instruments to be 7stamped, because the same provision which makes these unstamped instru is given, will authorize any party to place on record an instrument not stamped, provided he afterward places a stamp on the original; and in the mean time the docuinent so illegally recorded is constructive notice to every man who may purchase the property. So that in effect the unstamped instrument so recorded would have the same effect as though properly stamped and recorded. Therefore it is that we must have a provision by which the revenue will be protected and in order to protect the revenue it is necessary to provide that these instruments recorded with iout being stamped shall be absolutely void and of no effect. The ComWays&Means have preared an amendment, providing that parties who have neglected to stamp these instruments through inadvertence or some fault not criminal, mayu on a proor showing to the collector of the district still stamp the original instrument and place it n on record and in case the original is lost, we have added a provision which authorizes the stamping of the cop of the instrument.
Mr. HAYER. The gentleman will allow me to correct what evidently was an inadvertence in the statement of the Gentfrom Iowa, [Mr. ALLISON] The proviso he refers to was not prepared by the ComWays&Means, but was offered by myself at the last session.
Mr. ALLISON. lVell, I do not want to take an special credit to the committee.
Mr. HAYER. I only desire to have the history of that legislation correctly stated. The ComWays&Means my proviso very strongly, but I carricogpoitseidn the House over their opposition.
Mr. WILSON, of Iowa. I would ask the Gentfrom Pennsylvania [Mr. if that proviso was stamped when hTeHAplYaEcRe; it on record, for it is notice to everybody. [Laughter]
Mr. ALLISON. The committeehave already adopted some of the provisions contained in the amendment of the Gentfrom NewYork, [Mr. Dans] at unfortunately he does not propose to insert them in the properplace; therefore we propose to insert the provision so as to relate to section 158 of the present law, in the par a raph relating to that subject, instead of Wilmerethe Gentfrom NewYork proposes. Therefore, I hope the amendment proposed by him will be voted down, when the committee will propose the amendment I have indicated.
Mr. ALLISON. I now move to insert in the paragraph relating to section 158 of the present law, after the words, “And provided further, That where it shall appear to said collector upon oath, or otherwise, to his satisfaction. that any such in strument has not been duly stamped at the time of making or issuing the same, by reason of accident, mistake, inadvertence, or urgent necessity and without any willful design to defraud the U.S. of the stamp duty, or to evade or delay the payment thereof, thenments void, except when constructive notice" i and in such case, if such instrument, ” the words “ or if the original be lost a copy thereof duly certified by the officer having charge of real estate records in the proper town or county.”
Mr. HUBBARD, of Iowa. I would like to ask my colleague one question: how can you obtain a certified copy of an instrument which has not been recorded and which has been lost?
Mr. ALLISON. Of course you cannot have a certified copy unless the instrument has been recorded; but an instrument may be lost after being recorded.
Mr. DAVIS. I desire to say to the Gentfrom Iowa that my purpose has been to irotect parties in those cases where papers iave already been recorded without bein istarlrliped, when the parties have acted in goo ait.
Mr. HUBBARD, of Iowa. Forthe purpose of saying a word or 2, I move to amen the amendment by striking out the last word. As I understand this provision, in the 1st place, the recorder is prohibited from recording an instrument unless ithas been properly stamped. Now, then, how can you have a certified copy ofan instrument which has never been recorded and has been lost? You 1st prohibit the recording of the instrument and then provide for a certified copy of the instrument which has been lost or destroyed. Here is a sort of inconsistency which I do not comprehend. I withdraw my amendment to the amendment.
Mr. LONGYEAR. I move to amend the amendment by inserting after “ properrecording officerof the county or township” the words “or otherwise duly proven to the satisfaction of the collector.”
Mr. ALLISON. I accept that amendment as a modification of my amendment. The amendment, as modified, was agreed to.
Mr. ALLISON. I move to amend by inserting after line 2837, on page 123, the following: and whon theoriginal instrumentorncertifiedeopy thereof. as aforesaid, shall have been duly stamped so as to entitle the sameto he recorded and shall be presentedto the clerk. register. recorder or other officer having chargeof the original record. it shall be the dutyof such officer.uion the payment of the fee legally chargeable for the recording thereof. at the option of the part presenting such instrument. to makc a new recor thereof or to note upon the original record the fact that the error or omission in the stamping of said original instrument has been corrected pursuant to law; and after such record or entry the original instrument or such certified copy or the record thereofmay be used in all courts and places in the same manner and With like effectas if the instrument had been legally entitled to record when1st recorded: Proei. Thatno right acquired in good faith beforethestampingof such instrument or copy thereofand therecord thereof.ashereinpro yidei shall in anymannerbeaffectedbysuchstamping as aforesaid. The amendment was agreed to.
Mr. HALE. I move to amend by inserting at the end ofline 2596, on page 113, the followmg: Provided. That no penalty shall be assessedupon for such ne lect or refusal, or for making or rendering a false or fraudulentreturn. excepta fter reasonablenotice of the time and place of hearing. toberegulatedbythe ComrIntReV so as to givethepersonchargedan opportunity to be heard and subject to the right of glVlYlRbond and staying proceedingsfor the purpose ofa hearing in a circuit or district court. as provrded in the 14thsectionof this act. This amendment simply makes this paragraph conform to the 14thsection as amended. I think it must commend itself to the judgment of the committee. The amendment was agreed to.
Mr. SHELLABARGER. I move to amend by inserting after the amendment Just adopted the followmg: and prooided furllier.That no prosecutions for fraud or wrongful evasion of any of the iroviswns of this act shal be commenceduntilaftert o person accused or his ent or attorney shall have been “OllfiQdin writing y the person chargedWith such prosecution of the offenseof which he is charged.nor until after he shall have had opportunity to pay the pen alty and other liability of the Government for which such prosecution is authorized: Provided. however, such notice shall not be required where such prosecutor shall be satisfied that such notice would defeat the collection of the demandsdue the Government. Mr. Chairman, cases have occurred in which large numbers of expensive prosecutions have been instituted by informers upon speculation. these suits being for the inadvertent omission of a two cent stamp, or even some of them where there was no omission at all. 100s of the best citizens have been sued, in cases; within my knowledge, in one day and in one court and for a two cent omission, or alleged omission. The 1st notice these citizens had of their suits was the visit of the U.S. marshals to them with a writ; and they were compelled either to litigate with the U.S. at an expense, even where the defense succeeded, greater than the fine, or else they pay all the costs. These suits may be thus resorted to on speculation and to put fees into the ockets of officers, and in flagrant violation of the rights of the best citizens. Why not give them an opportunity to pay all the Government demands before they are sued?
Mr. WILSON, of Iowa. Insk the gentleman whether it would not answer his purpose to let this apply to cases where there have been omissions to affix stamps. It seems to me the amendment would work detrimentally to the Government. There may be cases where it may be necessary before notice to seize the property. It
Mr. SHELLABARGER. In order to cover that I make the prosecutor the judge of theI necessity. There can be no danger in permitting the man to have the discretion to whom i is confided the charge of the interests of the U.S.
Mr. WILSON, of Iowa. I fear that the prosecutor would be construed strictly to mean the U.S. district attorney. We have cases arising in all parts of the district, and they would be subject to the delay of hunting up the district attorney.
Mr. SHELLABARGER. I shall be glad to accept any suggestion from the Gentfrom Iowa. I used the word “prosecutor” because it occurred to my own mind.
Mr. MORRILL. As the amendment is of fered I am entirely Opposed to it, and I hope it will not be adopted. It applies to all sorts of fraud that may be committed under this bill. The gentleman strikes at the officers in whom he has no confidence. If they are guilty of what he suspects, they ought to be summarily dismissed, and yet he proposes to intrust these same officers with the discretion as to whether they shall commence suit without notice or not. He 1st provides these officers who get up these prosecutions to put money into their pockets, shall give notice to the parties, and then he provides that they maydo just as they are mind to about it. He also provides that the party shall 1st have an opportunity to pay his liability and penalty. he party must have had an opportunity to pay his liability, and ifhe only had paid it, he would be subject to no penalty. If the gentleman would apply it to stamps I think it would be far less objectionable. As it is now I am decidedly opposed to it.
Mr. SHELLABA RGER. I wish to makea suggestion. In the 1st place, let me say there is nothing in my amendment directed against or which can apply against the fidelity of any Officer. I do not understand what the gentleman means by that.,
Mr. ALLISON. We have provided in another part of this bill that no prosecution shall be commenced for fraud except on the direction of the ComrIntRev. These subordinate officers are not permitted to commence suit without the assent of the commlSSlOner. th
Mr. ALLISON. It applies to all prosecutions.
Mr. SHELLABARGER. In order that I may look at that provision and have an opportunity to consult with the ComWays&Means, I withdraw my amendment for the i present.
Mr. THAYER. In order to correct an in congruity in the bill. as it now stands, I desire to move an amendment in reference to these i inspectors. I think some distinction should be made between the punishment of officers of the Government who may conspire to commit fraud against the Government and the punishment of others. They should have the distinction of having more punishment than any others. I will ask the Clerk to read the amendment which I propose to add to section 46.
The Clerk read as follows: and any inspector. asst ins actor or officer temporaril not.who a all conspire with the proprietor of any distillery or With any other person or persons. to defraud the U.S. btates of the revenue or tax arisin from distilled spirits or an part thereof or who 5 iill. with intent to defraud t a U.S. of such revenue or tax. placeany false or fraudulent mark upon any cask or package or make any false or fraudulent entry. certificate or return shall be in charge of any distillery. under this deemedguilty of felony and on conviction thereof shall be imprisoned not lessthan 2 nor morethan 5 years. at the discretion of the court.
Mr. THAYER. It will be observed that this covers all cases of fraud on the part of the ins actor; and it will be necessary. in order to me e the amendment complete, thatthe amendment which was adopted last evening should be stricken out.
Mr. CONKLING. I oppose the amendment proforma I have nothing to say against it in fact for the purpose of making a statement, in behalf of my colleague [Mr. WixiisLn] as a member of the ComWays&Means. He and his district are interested very much in section 38, which has been passed over, inasmuch as there are in his vicinity a large number of small distillers engaged in the business exclusively of manufacturing whisky, or apple jack, whichever it may be cal ad; from apples. He is now and has been for several days confined to his bed by illness and there: fore has been disappointe in his desire to continue in the House an effort which he made very zealously in the ComWays&Means to have these small distilleries exempted from the regulations in reference to bonded warehouses and inspectors. Itisidle ofcourse, even if we were so dispoaed, to attempt at this stage of the bill to get a vote favorably upon his proposition, but I deem it due to my colleague to state to the House that having been very zealous, and indeed I might say somewhat pertinacious, in the committee, to get an exomtion in favor of these small I istilleiies, he has been prevented by illness from coming here and making the effort which he no doubt would have made sufficiently pointed, and for which he would have assigned sutheient reason to have given it very great strength in the House even if he had not been able to make it successful. The amendment offered by Mr. THAYER was agreed to.
Mr. THAYER. My amendment being adopted, it is necessary to amend on page 167 by striking out all after the word “provided” in line 36 down to and including the word “court” in line 40, as follows: and any inspectorwho shall knowingly put any such cask or package any false or fraudulent marks shall 6n conviction” be imprisoned one year and be liable to a fine of $600.in the discretion of the court. The amendment was agreed to.
Mr. FARQUHAR. I wish to make an amendment on age 171, section 44.
Mr. MORRILL. I must object, because I desire to get through the bill.
Mr. FARQUHAR. I have been watching here for hours to get this amendment in. I do not know how the Clerk could et so far along. If I cannot go back to offer itI shall have to offer it as an independent section.
Mr. FARQUHAR. I suppose the chairman of the committee will object to it, but I think the House will not. I propose to add at the end of section 44 the following: and in all casesarising under the act of which this is amendatory.the commissionsallowed on the articles manufactured shall inure to the benefit of the oflloors authorised by said acts in the inspection districts whero said articles are manufactured under such regulations as m be prescribed by the ComrIntRev by direction of the SecyTreasury.
Mr. MORRILL. We have already passed that section and made 8}plOVISl0Il Oll that subject.
Mr. FARQUHAR. I want to try the sense of the House upon it.
Mr. GARFI IiD. We have already acted upon the section.
Mr. FARQUAAR. Then I ask consent to offer another amendment if the House has acted InjlMALICIOUSly or Without consideration.
Mr. MORRILL. The gentleman has of course a right to offer an in ependent section. I must object to oing back.
Mr. FARQUHAR. The gentleman might indulge me as he has other gentlemen.
The Clerk read as follows: Slip. 47. Abife: That any person owning any distille spirits intended for sale. manufactured prior to the time when this act takes effect. exceedin 50 gallons altogether shall notify in writing Iocollector of the district wherein such spirits may be stored. held or owned. within 60 days theicaftci:lto gauge and prove the same; and upon the receipt of said notice the collector shall cause said a irits to be gauged and proved and the casksor pnc agese ontaining the sumoto be marked RIthe inspector in the following manner: anufactured prior to 186. Inspector District. nspected.1t 6.And no spirits so manufuctured. hold or owned shall be gauged. proved or marked in any cistern or other stationary vessel but shall begauged.proved and marked only in barrels.casks or pack csin which the sameshall have been placed: and the qupntity held in leach tubs shall be estimated by the inspector and when drawn off into packa cs shall begaugedand marked as herein provided., IJpon the receipt of the return the collector shall immediately forward to the ComrIntRev ncopy thereof: and any person holding or owning such spirits and refusing or neglectin to notify the collector. as in this section provided shall forfeit the same and pay the sum of 500to be collected in the manner provided by law for the collection of other penalties. No distilled spirits on which the tax has beenpaid shall be stored or allowed to remain on any distillery prem ises.under the penalty of a forfeiture of all spirits so found.
Mr. ONEILL. I offer the following, to come in at the end of the section: Provided. That wherever.under the provisions of this act. an inspection may be made by any otheer authorized by law, that said officer shall give to the party whosepremiseshe may have ins ecteda cer tificate of the fact of the inspection having been made.the time oftho dnyat which it wasmade.with a statement thercon that the provisions of the tax laws have been fully complied with or violated. as the case may be. I desire to say a word before the vote is taken. I haveendeavored to get this amendment adopted in some shape several times. In the 1st ace I offered an amendment which, upon reection, did not meet the case, as was said by the chairman of the committee. I then oifere it in another form, which came nearer to what I desired to accomplish. how, it is a positive fact that all distillers and brewers are subjected to frequent visitation by the inspect ors of revenue, and what I desire is this: that wherever the inspector has made an inspection a certificate of the same shall be given to the distiller or brewer. He is entitled to it. The inspectors come upon his premises and put him to the trouble of showing his books and exhibiting the number of barrels of whisky or of beer. I Everything is shown to the officer, and then in an hour afterward, perhaps, another inspector comes alon and emands the same thing. I think the law should require each of the inspectors to give a certificate that an inspection has been made, stating the time of day at which it wa made, sothat when a subsequent inspector comes he Will be able to judge whether it is necessary for him to make an inspection.
Mr. MORRILL. The gentleman manifests so much perseverance in the face of so many adverse decisions thnt I am astonished. But to show the utter want of necessity for the provision I will state that we have but one 1p spectorin a district. I trust the committee Will preserve the symmetry of its record and vote the amendment down now, as it has done in all previous cases. he amendmentwas not agreed to.
Mr. ALLISO). I move to insert, at the end of section 47, the following: and all spirit after beinfl removed from the original packagein which it was inspectedand gaugedaato other package for purpose of rectification, redistililation, or change O prooLshall again be inspected and gaugedand properly branded, and the absenceof i an inspectorsbrand shallhc takcii and held a.s sufficieut cause or evidence upon which any spirits so found may be forfeited. The amendment was agreed to. I,
Mr. FARQUAAR. I now more to amend by adding, at the end of section 47, the follownig: and in all cases arising under this act and the acts of which this is ameudatory the commissionallowed on the articles manufactured, shall inure to the hen etit of the officers authorized by said acts in the respective districts where said articles are manufactured. under such regulations as may be prescribed by the ComrIntRev. by direction of the SecyTreasury. I now desire to inquire of the chairman of the ComWays&Means, [Mr. Moi: ltlLl.] or some member of that committee, in what particular the bill has been amended so, as to provide for this.
Mr. GARFIELD. ll l lI In this way: that where the spirits are produced in one district and I, shipped in bond to another district the comI mission is to be divided equally between the assessor and collector of the 2 districts. The law of 1863 gave it to the assessor of the district where it was produced; the next lawgave l it to the collector of the district to which it l Ii I l was shipped. Idach party comlained of it; and we iave divided it between t iem.
Mr. MORRILL. I ask that the provision of the law upon which we have alrea ypassed may be read.
The Clerk read as follows: “ Pmoidedfnrfher, Thntin calculating the commissionsof assessorsand collectors of internalrevenue in districts whence cotton or distilled spirits are shipped in bond to be sold in another district. 1/2 the amount of tax receivedon the quantity of cotton or spirits so shipped shall be added to the amount on which the commissionsof such assessors and collectorsare calculated: and a corresponding amountshall be deducted from the amount on which the commissionsof the assessorsand collectors of the districts to which such cotton or spirits are shipped are calculated."
Mr. MORRILL. Upon the 1st enactment of these revenue laws the commissions upon duties from spirits collected in other parts of the country were allowed to the collectors in the districts from whence the liquors came. That was found to be a subject of very great complaint. The collectors in other parts of the country, havingtogive bonds, and having charge of the money, being required to pay it over, and being responsible for it as well as looking afterthe liquors upon their arrival within their district doing, as was contended. much more than the collectors of the district where the spirits were manufactured made such representations to Congress that the provision of the law in that respect was changed. From that time the law has continued in its present form, allowing the collectors the commission upon the spirits in the places where the duties are collected. But at this session the subject has again been reconsidered; and although the party where the spirits are distilled Wlll have still less labor under this bill than here tofore, the ComWays&Means have concluded to report a compromise and to divide the sum, allowing each collector one half. Certainly this is fair. No more ought to be asked. It is much better, also, for the Government. Even as the law has existed, it. has been better for the Government. for the reason that these collectors in large districts to which the spirits go do not thereby have their compensation increased above the minimum rate. Therefore, I think the proposition as it. now stands is correct. If the gentlemans amendment should be adopted, it will be seen, of course, that it will create the necessity for going back and revising what the committee has already adopted. I trust the amendment will not he agreed to.
Mr. FARQUHAR. I move to amend the amendment so as to provide a salary of $5,000 peryear for each colector and assessor. The distinguished chairman of the committee has failed to present anything to change my views in regard to the justice of the proposition which I have advocated. I desire now to ask the chairman of the committee whether this high wine, this whisky, before it is removed from one district into the other, does not have to go into bond in the district where it is manufactured.
Mr. MORRILL. Yes, sir; and the collect ors take the bonds. That is about all they do.
Mr. FARQUHAR. I modify my amendment in order to say a word. 1 do not desire to weary the patience of the House. I know the chairman of the ComWays&Means is anxious, as we all are, to get this bill out of the ComWhole on the state of the Union. he was not particularly court eous to me when I endeavored to submit my amendment, but perhapsIhad better not in diilge in any retort for t at. Now, I think the chairman has not presented any argument, nor do I believe any argument can be presented, to sustain the proposition that it is right to divide these commissions between the officers who perform the labor, the officers who have the responsibility, the officers in whose districts these highwines are manufactured, and the collectors in the large cities in order that you may swell up their salaries. I withdraw the amendment to the amendment.
Mr. MORRILL. I do not want to consume time about this matter. The ComWays&Means thoroughly considered this subject. They heard all parties. If there is any injustice it is not against the places where the articles are distilled. I have no doubt the Dmind of the House is made up. Unless we have the vote now I shall move that the committee rise, for the purpose ofclosin the debate.
Mr. FARQUHXR demanded to lers. Tellers were ordered; and Messrs. FARQUmin and GARFIELD were appointed. The committee was divided; and the tellers reported ayes 34, noes 70. So the amendment was disagreed to.
The Clerk read as follows: SEC.48.And be 1! urthergnaclqi, That all boilers, stills, or other vesse s, tools and implementsusedin distilling or rectifying and forfeited under any of the provisions of this act, and all condemnedmaterial. together with any engine or other machinery connected therewith, and all emptybarrels and all grain or othermaterial suitable for distillstimnshall, uniler the direction of the court in which the forfeiture i recovered, be sold at public auction and the proceml: thereof, after deducting the expensesof sale, shall in disposed of according to law: and all fines and forfeitures incurred oriinposed by virtue of this act shall be sued for and recovered as by law provided, with costsotsiiit: and one moiety of the tines, forfeiturcs and assessed penalties recoveredshall be for the use of the U.S., and the other inuicty thereof to the useof the personor persons, tube iise crtaiiiedby tbejiiilzinciil of the court, who tilitll be in fact the cause of any such tine, penalty, or forfeiture beini; adjudgirlur rccovered. Anil all spirits or spirituous liquors which maybe forfeited under the provisions of this act, unless herein otherwise provided, shall be digposedof by the comrIntReV as the SecyTreasury may direct. The term “ person." as usedin this act, shall be held to inclurle persons firm. body corporate. companyI or assortluutlu.
Mr. ALLISON. I mom to strike out from the word “suit, ” in line 12. down to and including the word “recovered, ” in line 17. The amendment was agreed to.
Mr. ONEILL. I move the following amendment: That in all cases of seizure and suit under the provisions of this actand the 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 or any supplement or supplements thereto a saleshall be orderedbythe properauthority, the U.S. marshal of the district in which s ich sale shall be ordered shall be authorized to employ an auctioneerand to pay him out of the proceedsof such sale a commission not exceeding 2 one one half%. on the gross amount of such proceeds. Mr. Chairman, this was offered some 2 or 3 days ago, but was reserved, and l hose it will now be adopted. In man courts the judges allow these commissions. hey allow them in Massachusetts, Maryland, and NewYork, as well as in other States. A regular, skilled auctioneer Wlll get much better prices for goods that have been seized and sol.
Mr. HOOPER, of Massachusetts. I o pose the amendment of the Gentfrom enusylvania. I thinkhe is mistaken in the fact of that%age being allowed in Massachusetts.
Mr. STEVENS. What does the marshal get now?
Mr. ONEILL. I do not know whether he gets anything under the provisions of the present law. I now that the marshal of the eastern district of Pennsylvania has not received pay even forwatching the goods after they were seized.
Mr. STEVENS. Does he not get his fees as in other cases?
Mr. ONEILL. I understand not. I have asked for this information at the office of the ComrIntRev, and have not been satisfied. I propose that there shall be a specific law on the subject.
Mr. STEVENS. I tlnnk he should get his fees.
The CHAIRMAN. The time of the Gentfrom Pennsylvania has expired.
Mr. ONEILL. I move to strike out the last word of the amendment in order to finish whatl have to say on the subject. [under stand that the officers engage in the district and circuit courts in proceedings instituted by the ComrlntRev get nothing for their services. Goods are seized by the marshals and are held and carefully watched and then they are delivered upon settlement here at the Internalrevenue the marshal does not get a cent of compensation. This is the case to such an extent that the office of marshal for the eastern district of Pennsylvania is almost worthless. I offered 5 bill some weeksago for the purpose of inereasing the general fees of the marshals, which I hope will soon be reported to the House and adopted. This business of the revenue Dept is thrust upon this officer; he is resonsible and his snretics are responsible, an yet he frequently does not get compensation for his services. depending entirely in all cases upon the allowance of the judge of the court.
Mr. ALLISON. I would like to accommodate my friendfrom the Philadelphia district, but I understand that in his district there is no difficulty in securing the services of a marshal who will be content to receive the very large fees now allowed by the fee hill to marshals.
Mr. ONEILL. Let me interrupt the gentleman for a moment. It is no rule by which to Judge an officer that he seems to think he does not get sufficient compensation. My idea 18, that we should at least, while we have a competent offieial, provide him with a fair and Just payment for the performance of his duties.
Mr. ALLISON. If this property is sold under an order or judgment of the court the marshal receives the same feesthst he receives urcau, so that he should receive special compensation in this class of cases more than in any others. If the property is sold under proceedings in the na ture of distraint, the collector is allowed 5%. for the purpose of covering those expenses. for is not allowed in any other case and I do not see why it should be allowed in any case to, the marshal of the circuit or district court of i the U.S. I do not know what the rule may be in particular districts, but I undertake to say that if the judge in any districtI allows the marshals to charge the Government I of the U.S. 2 and a half%. commission for these sales he does what he ought not to do. I think, therefore, that in stead of adopting this amendment we ought to correct the law in relation to the judges who allow these fees.
Mr. ONEILL. My friendfrom Iowa mistakes, I fear, my proposition. He seems to think the Government must pay this commission. This is not so. It is to lie paid out of the results of the sale, not to the marshal, but to the auctioneer. enosn or DEBATE.
Mr. MORRILL. Imove that the committee rise for the purpose of closing debate. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 513, to amend an not 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, and had come to no resolution thereon.
Mr. MORRILL. I move that all debate in ComWhole on the State of the Union on the pending paragraph of the spe i in all other cases, and there is no reason why The extra compensation now asked I“
The Clerk read as follows: I withdraw my $56.49.A Abife: ocferl, That every brewer shall file with the assessorof the assessmentdistrict in which he shall design to carry on his businessa notice in writing. stating therein the name of the person company corporation or firm and the names of the membersof any companyor firm making such application. Together with the place or placesof res il once of such person or persons and a description of the premises onwhich the brewery is situated and of his or their title thereto and the name or names 1 of the owner or owners thereof: and alsothe whole cial order terminate in one 2nd afier the committee shall resume the consideration of the subject. The motion was agreed to. TAX BILL AGAIN.
Mr. MORRILL moved 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. DAWES in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) 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, "approvedJune30, l864, and acts amendatory thereof.
Mr. ONEILL. I withdraw my amendment to the amendment. the question recurred upon
Mr. ONEILLS originaIamendment, and bemg put, the amendment was disagreed to.
Mr. SHELLABARGER. On page 175, in line 11, I move to insert after the word “shall” the words “ afterdernand of payment. 1st made upon the party liable. his agent, or attorney;” so that the clause will read: That all boilers. stills, or other vessels.tools and implementsusedin distilling or rectifying and fur feited under any of the provisions of this act and all condemnedmaterial, together with any engine, or other machinery connected therewith and all empty barrels and all grain or other material suitable for distillation shall under the direction of the court in which the forfeiture is recovered.be sold at public auction and the proceeds thereof. after deducting the expensesof sale shall be disposed of according to law; and all finesand forfeitures incurred or imposed by virtue of this actshall. afterdemandof payment 1st madeupon the party liable, his agent, or attorney. be sued for and recoveredas bylaw provided. with costs of suit. tic.
Mr. ALLISON. I think that the provision we have inserted in section 41 accomplishes all that is necessary. I i i section by insertin quantity of malt liquors annually mpdeand sold at the brewery for 2 years last preceding the date of such application.
Mr. MORRILL. I move to amend that in line 2, before the word “assessor, ” toword “assistant;” so that it will read, “that every brewer shall file with the asst assessor. &c. The amendment was agreed to.
Mr. MORRILL. In line 5 I move to insert before the word “company” the word “such.” The amendment was agreed to.
Mr. MORRILL. In line 6 I move to insert after the word “firm” the words “makingsuch application." The amendment was agreed to.
Mr. MORRILL. In line 12 I move to strike out the words “such aplication" and to insert in lieu thereof the wor s “filing such notice.” The amendment was agreed to.
Mr. MORRILL. I move to amend section 52, so as to make it correspond with the former portion of the bill, by striking out in line 20 the word “1st.” and inserting in lieu thereof “10th; ” so that it will read: and shall render to said assessoror asst as sessor.on the 10thday of each iuonth. kc. The amendment was agreed to.
Mr. MORRILL. I move to insert after the word “ month, " the words “ or ten days there after." The amendment was agreed to.
Mr. MORRILL. In lines 24 and 25 I move to strike out the words “preceding said 1st day of the month, " and to insert in lieu thereof the words “ during the preceding month.” The amendment was agreed to.
Mr. ONEILL. In lines 13 and 14 I move to strike out the words “and niimber of barrels and fractional arts of bar rels of fermented liquors made.” understand that it is impossible to tell, until they come to sell it, what quantity they have, there is so much evaporation.
Mr. MORRILL. The law as it now stands has been subjected to the scrutiny of the makers of beer and ale everyyeaisince it. has been in operation, and there has never been any, complaint that I am aware of made to any member of the ComWays&Means on the subject. I hope these words will not be stricken out.
Mr. ONEILL. This is a matter which interests the melt maker and does not apply so much to the brewers of beer and ale. The amendment was disagreed to.
Mr. ONEILL. I move to amend the section by striking out the following clause: and shall also from day today enter or cause to be entered.in a separatebook to be kc t. by him for that purpose.an account of all materialJby him purchasedfor the purpose of producing such fermented liquors. including grain and malt. There is one point in the amendment that is worthy the consideration of the committee. understand that in the brewing of beer there are certain secrets of the trade, or certain processes, each brewer having a secret of his own, for which he has paid, in many instances, a very large amount of money. I think the provisionof this section goes a little too far in the statement it renires of them.
Mr. MOltRl L. I believe that the brewers of good ale and beer do not feel at all reluc tant to allow people to know what is put in it. The amendment of the gentleman to strike out this provision would allow the manufacturers of a spurious article who obtain a substitute for hops and malt to go on to any extent without exosnre. I must object to it.
Mr. NEILL. I move to amend my amendment by striking out the last word, in order to enable me to say a word further. I do not pretend to represent the views of the makers of bad ale, porter, or beer. I believe the brewers of Philadel hia are celebrated throughout the world. I now there is a difference between the large and the small brewers. The large malt makers have large amounts of capital invested in their establishments, and they furnish the small brewers with malt. The large brewers of Philadelphia, in most instances, make their own malt. In the very center and heart of our city there are large buildings cov ering 100s of feet square devoted to this business. One of them is an immense establishment, and I resume the chairman of the Committee of ays and Means has seen the proprietors of that brewery. What I am striving for here is to save makersof malt from being " obliged to tell these inspectors how they make l their malt. I withdraw my amendment to the l amendment. 7
Mr. STEVENS. I will renew the amendment to the amendment. I do so for the i purpose of saying that itreqnires some knowll edge of these things to know how to vote upon this question, for it is not every man who owns. a lager beer shop. [Laughtein] I think the ] amendment of my colleague [Mr. ONEILL] should prevail, and I will state the reason. It is not always properthat everybody should know everything that goes into beer. I remember a case I tried ten years ago, a case of a brewer called George Sehweitzer who was charged with bein alunatic. Another brewer of the name of enry Fogelsong was called to prove that the other was a lunatic. He said that he knew Geor e was a lunatic, for ten years before he ha showed it most plainly. All the brewers in their nei hborhood used calves feet and brains in maing their beer, and they helped very much to make the beer sweet. He had often urged the practice upon old Geor e and he never would do it, and therefore he knew he was alunatic, because he would not use the properarticle. [Laughter] Now, it will not do to have it get out generally that such matters as these are put into the beer. Does the ComWays&Means mean that a brewer shall state in his return how many rats he puts into his beer? I passed one time by the cooler of a brewery and I counted 60 large rats which had just been thrown out after having laid in soak all night. Now, does the committee mean that 1 the whole health of the country shall be affected. throughthe imavination by a knowledge of these I things, when, ifPpeople did not know anything about them, it is the best kind of uiee and makes the sweetest article of beerin the world? I hope the amendment will prevail.
Mr. ONEILL. My collea uas constituents, I judge from his remarks, lire these peculiar flavored beers mine do not. [Laughter]
Mr. MORRILL. I will only say that this provision is indispensable to the perfection of the bill. It is the same that is included in all. revenue laws of other countries; and no objection has been made to it by the makers of beer and ale in this country.
Mr. STEVENS. Well, I will withdraw my amendment to the amendment. The amendment of Mr. ONEILL was not agreed to.
The Clerk read as follows: Sic. 53. AmlAbife:.That the entries made in such books shall on the 1st day of each month or within ten days thereafter.be verified by the oath or affirmation of the person or persons by whom such entries shall have been. made which oath or aflirmation shall be written in the look at the end of such entries and bocertified by the officer administering the same and shall be in form asfollows: “I do swear (or aflirm) that the foregomgen tries were mado by me, and that they state truly, accordingtothe best of my knowledge and belief. the whole quantity of fermented liquors. either brewed or brewed and sold or removed from the brewery owned by. in the county of. amounting to barrels and further. that [have no knowledge of any matter or thing required by law to bestated in said entries. which has been omittedtherefrom." and the owner, agent or superintendent aforesaid shall also in case the original entries made in h is books shall not have been made by himself. SubjOlll theretothe following oath or affirmation.to betaken in manner as aforesaid:"I do swear(or uflirm) that to the bestofiny knowledgeand belief.the foregoing entriesfull set forth all the matterstherein require bylaw. an that the sameareJu] stand true and that I have taken all the means in my power to make them so."
Mr. MORRILL. In the clause which reads, “on the 1st day of each month or within ten days thereafter, ” I move to amend by striking out the words “the 1st” and inserting “or before the 10th, " and also striking out the words “within ten days thereafter.” The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the words “either brewed, or brewed and sold, or, " and inserting “ brewed, the quantity sold, and the quality.” The amendment was agreed to.
Mr. MORRILL. I move further to amend; by striking out the words “amounting tobarrels, ” as that is no longer needed. The amendment was agreed to.
The Clerk read as follows: SEC.54 and be i! agent. Abife: That the owner or superintendent of any brewery, vessels or utensils use in making fermentedliquors. who shall evade or attempt to evadethe payment of the tax thereon or fraudulently neglect or refuse to make true and exact entry and report of the same in the manner herein reiiired or to door causeto bedone any of the things y law required to be doneby him as aforesaid or who shall intentionally mako false entry in said book or in said statement or knowingly allow or procure the same to be done shall forfeit, for everysuch offense.all the liquorsmade by him or for him and all the vessels.utensils, and appa ratus used in making the same and be liable to a penalty of not lessthan 500 nor more than 1000 dollars. to be recoveredwith costsof suit, and shall be deemed guilty of a misdemeanor and shall beimprisoned for aterm not exceedingone your: and said i uors. utensils and apparatus may a seized and hed by an collector or deputy collector until a decisionshal behad thereonaccording to law: Provided. That proceedingsto enforce sai forfeiture shall be commenced by such collector within 20 days after the seizure thereof and such proceedings shall bein the nature of a proceeding in rem or in any proor form of action. in the circuit or district court of the U.S. for the district where such seizure is made or in another court of comctent jurisdiction. rid any rewer who shall neg ect to cepthe books or refuseto furnish the accountand duplicate thereof as hereinbe fore provided or who shall refuse to permit the properofficer to examine the books in the manner provided shall for every such refusal or neglect. forfeit and pay the sum of. No amendment being offered,
The Clerk read as follows: SEC.55. Abife:.That the ComrIntRev shall causeto be prepared. for the payment of tax aforesaid. suitable stampsdenoting the amount of tax herein required to he paid on the hogshead.barrels and halves.quarters.6ths.nnd eighths of a barrel of such fermented liquors, and shall furnish the same to the collectors of internalrevenue. who shall each be required to keep on liand.nt all times.asuppl equal in amount to 2 months sales thereof. if t icre shall be any breweryor brewerywarehouse in bisdistrict and the same shall be sold by such collectors only to the brewersof their districts. respective!; and such collectors shall keep an account of the number and values of the stamps sold by them to each of such brewers respectively: and upon all sales of such stampsin sumsof $200or moreto one person.at one time. an allowance or deduction of 7 and one half% shall be madeto the purchaser.
Mr. GARFIELD. I move to amend the last clause of this section so that it will read: and the ComrIntRev may allow upon all salesof such stamps in sums of 80 or more to one person at one time. a deduction of not more than 7 and one half%.
Mr. PAINE. My only objection to the amendment proposed by the Gentfrom Ohio [Mr. GARFIELD] is this: it will be remembered that a little while ago he cited this clause as explaining the reason which influenced the committee to fix the tax to which brewers are to be subjected. He pointed out to me this clause as a reason why justice was in fact done to the brewers, notwithstanding the provision to which I have referred. Now, he proposes to make a change in this provision, which does not with certainty secure to the brewer this benefit, but leaves it for the Commissioner to decide whether or not the brewer shall enjoy the benefit. It makes it a possible benefit at not a certain benefit under the law.
Mr. GARFIELD. If the gentleman will allow me, I will say that the law before fixed this at 5%. instead of 7 and a half. The reason of the law was that a certain proortion of all the beer brewed becomes sour an, as beer, worthless. Hence, if the brewer affixes the stamp and the beer on being put into the market turns out worthless, the value of the stamps affixed and canceled is an utter loss to the brewer. In consideration of this loss the law hitherto has made an allowance of 5%. of the value of the stamps. That allowance is increased by this bill to 7 and a half%. I desire to propose, as an addition to my amendment, to strie out in the 15th line the words “one person” and insert “any brewer.”
Mr. STEVENS. I suggest to the gentleman that his amendment should read, “to any brewer, and by him used in his business."
Mr. GARFIELD. I acceptthat as a modification of m amendment.
Mr. PAIN. Let me so gest further that “ shall” should be substitute for “may” after the word “Commissioner.”
Mr. GARFIELD, I modify my amendment in that way. a The amendment of Mr. GARFIELD, as modified . was agreed to. The Cler r read as follows: Sse. 56. Abife: That everybrewer shall obtain. from the collcetorof the district in which his brewery or brewerywarehousemay be situated and not otherwrse, unless said collector shall fail to furnish the sameupon application to him. the properstamp or stamps; and shall atlixuponthe! igot hcle or tap (of which there shall bebut one)0 each and ever hogshead.barrel. keg, or other receptacle.in which any fermented liquor shall be contained.when sold or removed from such brewery or warehouse.a stamp denoting the amount of the tax herein required upon such fermented liquor in such a way that the said stamp or stampswill bedestroyedu on the with drawal of the liquor from such he shea. barrel. keg or othery.el or upon the intro action of a faucet or other instrument for thatpurpose; and shall also. at the time of aflixmigsuehstamp orstampsas afore said. Cancel thesame y writing or imprinting thereon the name of the person.firm or corporation ywhom such liquor may have been made or the initial letters thereof and the date when canceled. Every brewer who shall refuseorneglectto allix and cancel the stamp or stamps herein required in the manner aforesaid or who shall affix a false or fraudulent stamp thereto or knowingly permit the sameto be done shall be iable to pay a penalty of$100for each barrel or ack c on which such omissionor fraud occurs.an shal be liable to imprisonment for not more than one year. No amendment being offered,
The Clerk read as follows: Sec. 58. Abife: That every brewer shall brand or causeto bebranded.upon everyhogs head. barrel. keg or other vessel. containing the fermentedliquor made by him. before it is sold or removed from the brewery or brewery warehouse or other place of manufacture.the nameof the person. firm or corporation by whom such liquor was man Ilfacturedand the place where the same shall have conmadezand any person other than the owner thereof or his agentwho shall intentionally remove or defacesuch brand therefrom shall be liable to a snail. of 50 dollars for each cask from which the rand so removedor defaced. No amendment being offered,
The Clerk read as follows: SIP B5.9. Abife: That every person. other than the purchaser or owner of any fermented liquor or person acting on his behalf or his agent.who shall intentionally removeor deface the stampaflixed. asherein required. upon the hogshead. barrel. keg or other ycsse l in which thesamemaybe contained shall be liable to a fine of 50 dollars for each such vessel from which the stampis so removed or defaced and to render compensation to such er chaser or owner for all damagessustainedby imtherefrom. No amendment bein offered,
The Clerk read as follows: SEO.60. Abife:.That the owner ship or possessionby any person of any fermented liquor a or its saleor removal frombreweryorware house or other place whereitwas made.upon which the tax requiredshall not have beenpaid shall render the same liable to seizure wherever found and to forfeiture: and that the want of the properstamp or stamps upon any hogshead.barrel. keg or other vessel in which fermented liquor may be contained after its sale or removal from the brewery where the same was made, or warehouse.as aforesaid shall be notice to all personsthat the tax has not been paid thereon and shall boprmulfacaeevidenceof thenon paymentthereof. No amendment bein offered,
The Clerk read as follows: SEC.61. Abife: t.hat every person who shall withdraw any fermented liquor from any hogshend.barrcI.keg or othervesse l uponwhich the apsropeerrestinamrepqourirsetda.mfoprstshhealpl unroptosheaovfe bboetctnlinagflixtheetl same or who shall carry on or attempt to carry on. the businessof bottling fermentedliquor in any brew ery or other place in which snch fermentedliquor is made or upon any premises having communication with such rewery or any warehouse shall be liable to a line of $500 and the property used in such bot thng or business shall be liable to forfeiture.
Mr. GARFIELD. I move to insert the following as an additional section: Sec. 62. Abife: That any assessor. collector. inspector or revenue agent who shall be interested.directly or indirectly in the manufacture of tobacco.snuff or cigars or in the production by distillation or by other processofspirits or ale. beer or other fermented liquors shall on conviction before anycourt of the U.S. efcempetentiuris diction. pay as penalty not less than 3000. nor more than $5.000i.n the discretion of the court. The amendment was agreed to.
Mr. MORRILL. I offer the following as an additional section: $50.63. Abife: That eve eflicer or employeappointedor holding officein the Bureau of Internalrevenue under authority of law whose payment ehnrges.salary or compensationshall be couipose. either wholly or in part. of fees commissions. allowances or rewards.from whatever source derived shall be required to render to the ComrIntRev. under regulations to be approved by the SecyTreasury is statement under oath setting orth the entire amount of such fees. commissions. Emoluments or rewards of whatevernature or fromwhatever sourcereceived. during the timefor which said statement is rendered: and any false statement knowingly and willfully rendered under therequirements of this section or regulations established in accerdance therewith shall be deemed willful perury and punished. on conviction therefor. as provided in section 42 of the act of June 30.1864.to which this act is an amendment and any neglect or emission to render such statement when required shall be punished.on conviction therefor. by a fine of not less than 5200 nor more than $500, in the discretion of the court. The amendment was agreed to.
Mr. WELKER. Ioffer the following amend niciit: SEC. Abife: That all disabled soldiersor sailorshaving servedin the Army or Navy of the U.S. in the late rebellion. who are new or may hereafter be. placed upon the pension rolls of the Governments all. on producing to the assistantassessorof his district satisfactory evidence that he is such pensioner. be entitled to receive a license to carry on the businessor occupationsspecified in paragraphs 3 35. an 36 of section 79.Without the payment of any sum of moneywhatever for such permission. Mr. Chairman, one word by way of exlanation of that amendment. The paragrap s referred to are as follows: paragraph 3, retail dealers; 8, liverystable keepers; 21. keepers of eatiiihouses; 22. confectioners; 2tour, patent right deal ers; 27, intelligence Office keepers; 28, insurance agents; 30, auction eers; 31, manufacturers; 32, peddlers; 34, photographers; 35, tobacconista; 36, butchers. I received a letter from the collector in one of the counties of my district that he was applied to by a soldier, who had lost both of his arms at Gettysburg, for a license as a ped dlcr, and that he was compelled to charge him under the law. Therefore I have offered the amendment. I appeal to members that where we do not sacrifice any large amount of reve nue we ought to favor this class who only get.apension from the Government of 8 dollars a month. I think that where these men endeavor to sustain themselves by engaging in these businesses they ought to have this provision made in their behalf. It is right and just, and I be e it will be adopted.
Mr. MORRILL. I confess that I am reluctant to o pose the proposition of the Gentleman, butTain in favor of doing whatever we can do for ourgallantsoldiers in the way of pensions and bounties directly. If we choose to vote them money let us do it directly. This preposition would allow these parties to engage in business all over the country and sell the use of their names everywhere, and it would create at once a practical monopoly. The Gentlemans amendment reaches so far as to embrace a great variety of business, and I trust it will not be adopted. If it were confined to peddlcrs, or to 2 or 3 trades. it might not be so objectionable, but as proposed I fear we should have by far too many shirks seeking shelter under the names of our worthy soldiers. The amendment was not agreed to.
Mr. WELKER. I hope I may be allowed topresent this again. he Clerk read as follows: Sec. 62. Abife:.That so much of this act as imosesa stain tax on fermentedliquors shall take effect from an after the 1stday of Sep tember.1866.
Mr. GARFIELD. I move to strike out the words “imposes a stamp tax on” and insert in lieu thereof the words “changes the existing law in relation to distilled spirits and ” The amendment was agreed to.
Mr. GARFIELD. It will be observed, as the section now stands, that the provisions in regard to distilled spirits and fermented liquor go into operation on the 1st of September next. We have already, on page 40, repealed our present law on the subject, and I ask unan imous consent to go back and add after the word “repealed, ” on page 40, line 768, the words “to take effect on the 1st day of September. 1866.” The amendment was agreed to.
The Clerk read the next section some of the blanks being subsequently filled, on motion of
Mr. Moiiaii.i., with the various sums fixed as salaries as follows: SEC.63.Abife:.That the office of the ComrIntRev be reor ganizedso as to include one ComrIntRev with a salary of $5.000;one deputy commissioner.with a salary of $3.5“);one cashier. with a salary of ammo.who shall also act as disbursing officer for said office and which o the csare now created and the duties thereof defined by law: and to authorize.under the direction of the SecyTreasury. the employment of the following additional officersand clerks and with the salarieshere inafter specified.niiiiicly. 2 deputycommissioners. cach with i asalary of $5.000; one solicitor. With a sal nr o SLOUO: se ven headsof divisions. each with a salary et32.5(D;34 clerks of class 4: 45 clerksof class 3; 50 clcrks of classtwo: and 37 clerks of class one: 55 copy ists each with a salary of 872): 3 messengers. each with a salaryof$1.000; 5 asst messengers each with a salary of; and 15 laborers. each with a salary of $720, and a sum snflicientto pay the officers.clerks and employees herein authorized is herebyappropriated out of any moneyin the Treasury not ot erwrse appropriated.
The Clerk read as follows: SEC.64. Abife: That all oflieial communications made by assessorsto collectors or by collectors to assessors or by assessorsto asst assessorsor by asst assessorsto assessors.may beofficially franked by the writers thereof and shall when so frauked. be transmitted by mail free oppostage.
Mr. THAYER. I move to amend. in line 2, by inserting after the word “assessors” the words “to assessors, or by collectors;” so that it will read “that all official communications made by assessors to assessors or by collectors to collectors, ” dZC. The amendment was agreed to.
Mr. MORRILL. I have an amendment to offer by inserting after the word “assessors”in line 4 the words “or by collectors to their deputies, or by deputy collectors to collectors.” The amendment was agreed to.
Mr. wELKER. I move the following amendment, to come in at the end of the section: and collectors shall be allowed reasonableexpress charges for the necessary transportation of money from their deputiesto them asaccountsfor stationery are allowed. I offer this amendment because several collectors have been refused payment of charges for the transmission of money by express. I think it ought to be allowed.
Mr. ALLISON; I would suggest whether the effect of this amendment would not be virtually to authorize collectors to send money by express; and if so, whether they would not be relieved from their liability as collectors.
Mr. WELKER. I do not suppose it would, unless they had orders to do so.
Mr. SPALDING. I hope it will not be adopted. They are the best paid men in the country now. The amendment was not agreed to.
Mr. HAL “. I have not had an opportunity to see this amendment in print. an I would inquire of the Gentfrom Iowa whether under the sections now proposed all suits against officers of the revenue for acts which the may claim to justify under this law are to c transferred or whether it is confined to those cases in which the validity of constructions of the act is in question.
Mr. WILSON. of Iowa. The best answer I can give is to read the 1st section of my amendment. It is as follows: That in any case. civil or criminal. w resuit or prosecutionshall be commencedin any rl. of any State against any officer of the U.S. appointed under or acting by authority of the act entitled “An act to provide internalrevenueto support the Government. to pay interest on the public debt and for other purposes" passed Jimp 30.1864 or of any act in addition thereto or against any person acting under or by authority of any such officer.“ againstany personholding propertyorcstate by title derived from any such officer.it shall be lawful for the defendantin such suitor prosecution.at any time beforetrial. upon a petition to the circuit court of the U.S. in and for the district in which the defendantshall have been sery edwith process.set ting forth the nature of said suitor prosecution and verifying the said petition by affidaVit.togctherwith accrtifientc.sigiied by an attorney or counselor at law of some court of record of the State in which such suitshall have beencommenced.orof the U.S. setting forth that as counsel for the etitioner. he hasexaminedtheprodeedingsagainst iim and carefully inquired into all the mattersset forth in the petition and that he believes the some to be true; which petition, affidavit and certificateshall he presentedto the said circuit court. if in smiled and ifnot. to the clerk thereof.at his omce and shall be filed in said office and the causeshall thereupon be enteredon the docket of said court. the
Mr. HALE. I submit to the gentleman that he has made the section alto ether too broad.
Mr. WILSON. of Iowa. t must be against an Officer or against a person acting under the authority of that officer; conuently it may be a suit against him as an individual for an not done as an officer.
Mr. HALE. If that it is the construction of it, then it strikes me that it is by no means broad enough.
Mr. WILSON, of Iowa. In perfecting this amendment the ComJudiciary availed themselves of the act of 1833, which has already received a construction. The only change that is made is in confining the operation of the act to persons who were officers or acting under the authority of officers. That not included other persons.
Mr. HALE. It strikes me, afterhearing the explanation of the Gentfrom Iowa. [Mia WILSON] that his amendment is altogether too meager in its provisions if it is intended to can fine itto suits brought against eisons who
Mr. WILSON, of Iowa. rought against them for any act performed by them as officers.
Mr. WILSON, of Iowa. I think it does quite clearly.
Mr. HALE. I move to amend the 1st section of the amendment so that it will read: That in an case. civil or criminal. where suit or prosecution shall be commencedin any court of any State against any otheer of the U.S. appointed under or acting by authority of the act entitled " An act to provide internalrevenueto support the Government.to pay interest on the public debt, and for other Jiurpose s." passedJune 30.186i or of any act in adition thereto or against any person acting under or by authority of any such officer or on account of any act donopnder color of his othee or against any personholding property or pstate by title derived from an such ptficcr. affecting such property or estate.an involving the constructionof this act. it shall be lawful for the defendant.6:0.
Mr. WILSON, of Iowa. I will accept that amendment. The amendment, as modified, was agreed to.
Mr. SPALDING. I Wish to ask the Gentfrom Pennsylvania whether he is serious in urging this amendment.
Mr. SPALDING. Then I seriously oppose it.
Mr. MORRILL. I suppose, Mr. Chairman, that the Gentfrom Pennsylvania has fully Iaccomplished his purpose by makinghis speech. presume that he does not intend to direct any portion of his remarks against the distin uished gentleman who has been emploed in this service hitherto. N or is there, suppose, the slightest apprehension that any other man will be appointed to this position. If this amendment were approgriate anywhere, it is not appropriate here. am one of those who, from the 1st, have been in favor of keeping our finances in all their relations tax bills, tariffs, and everything else separate and distinct from politics. I am still in fiwor of that policy. I go not approve of all the acts of the SecyTreasury, nor do I aprow of his recent speech. The speech which he made some months since in ndiana I thoughtwas an able One. I do not so consider the speech that he recently made. I think it was an unfortu nate speech for the head of the Treasury, and entire y uncalled for. But at the same time I do not propose to change the ordinary course of legislation, mid especially I do not prouse to show temperwhen we can show noing more than that. Even if we were here in a minority, I suppose that this power is no more than we would consent to grant to the SecyTreasury. It is the same power we lodged with the Secretary last year and was satisfactorily exercised. I do not believe in the wisdom of any attempt to take the power away this year. I trust, therefore, that the amendment proposed by the Gentfrom Pennsylvania will not be adopted.
Mr. HALE. I move to amend the amendment by striking out the last word, for the purpose o calling the attention of the committee to the provisions of the Constitution upon the subject of appointments to office. I do not know that the consideration of what the constitutional provisions may be will have any weight with the distinguished Gentfrom Pennsylvania, but it strikes me that with this committee it ought to have. Now, sir, I find in the Constitution no warrant for the exercise by Congress, under any circumstances, of the appointing power. Ifind the appointing power provided for in express terms in the 2nd section of the 2nd article of the Constitution, which I ask leave to read: “He [the President] shall have power, by and with the advice and consent of“the t Senate.to make treaties, provided 2/3rds of the Senatorspresent concur: nndhc shall nominate, and by and with the adviceand consent of the Senate, shall appoint, embassndors, other public ministers and consuls.judges of the Supreme Court, and all other officers of the U.S., whose appointments are not herein otherwise provided for and which shall be established by law. But the congressmay by law rest the appointment of such inferior officers as they think properin the President aloneI in the courts of law, or in the headsof.Depts.” Here we have defined by the Constitution the only authorities recognized by that instrument as capable of exercising the appointing power the President and the Senate, the resident alone, the courts of law, and the heads of Depts. I respectfully inquire of the Gentfrom Pennsylvania whether he proposes that, for the sake of punishing the SecyTreasury for his very wicked speech the other evening, and his very wicked remark since, Congress shall override the provisions of the Constitution and assume a power of appointment to the exclusion of all the authorities defined by the Constitution.
Mr. STEVENS. This is no office. This is an agency to be created by this Congress, just the same as if we Were to create a commission to proceed to the South or anywhere elsejust the same as we created a commission for the purpose ofexamining into those ver matters of revenue. It does not come within this meaningof the Constitution at all, and never has been so considered. I propose no violation of an office of the Constitution. This is not an office. We propose simply to appoint an agent to do a particular thing. We might, if we chose, authorize a committee of this House to do it. It requires no appointment by the President. Whether or not the Gentfrom NewYork [Mr. HALE] deems those arguments of the SecyTreasury “wicked, ” I do deem them wicked. I do not believe that the gentleman so regards them; I think they rather apeal to his taste or he Gentfrom apepremtioten.t [Mr. MO111mm] says that he is for keeping the SecyTreasury free from politics. So am I; and it is for that very reason that I have introduced this amendment and made these remarks. The SecyTreasury has assumed to regulate his patronage by politics, and not by that which is connected withthe interests offinance. He has prostituted his office to an unholy purpose; and I think it is time that gdHere the hammer fell.]
Mr. HALE. I withdraw my amendment to the amendment.
Mr. STEVENS. The gentleman will allow me to say I do not denounce him for entertaining any such opinions, but I do denounce him for prostituting the atronage of this Government to make all over opinions bend to his own.
Mr. DELANO. I ask the gentleman for his authority for saying that the SecyTreasury has prostituted the atronage of the Government. What has he one it in; where and when? Let us have the specifications.
Mr. STEVENS. The gentleman desires an answer?
Mr. STEVENS. Probably the gentleman did not hear what I said at the outset.
Mr. DELANO. I did not hear any specifications.
Mr. STEVENS. I resume the gentleman did not hear what I said. I assert that a member of this House, of high respectability, today went to the SecyTreasury to get certain officers named in his district, one of them a wounded soldier, and he was asked their opinions about sustaining the Presidents policy, stating distinctly unless they did sustain them he would not appoint them; that the President had made n his mind that that course should be pursued.
Mr. DELANO. I would like to have his name. I venture to say there is a misapprehension between the gentleman and the SecyTreasury. The SecyTreasury may have said he would not appoint any man openly abusive and hostile to the President. I undertake to say beyond that he has not one. I should like to have the proof.
Mr. SpEVENS. If the gentleman spoke of his own knowledge, I should of course believe him; but he does not pretend to do this. The gentleman who informed me not 20 minutes ago spoke upon his own authority as respectable a man as any in the House. os sibly he may not wish to have his name known. I have not had time to consult him. It may bring down upon him the wrath of those in the Dept. They know who I mean at the other end of the avenue, for he has just come from there., llcre the hammer fell.].
Mr. BLAINE. SecyTreasury, " and insert “POTUS, by and with the advice and consent of the Senate.”
Mr. STEVENS. Let me modify my amend iuent 1st, so that it shall read that “Con rose, by concurrent action, shall elect a omrRev, and it shall be the dut of said ComrRev, ” c.
Mr. BLAINE. I move to strike that out and to insert “ by the POTUS, by and with the advice and consent of the Sea ate." It strikes me the language of the bill asit now stands reported from the ComWays&Means is unusual in placing the appointment in the head of the Dept. Asmentioned by the Gentfrom NewYork, [Mr. HAM1] the appointing power is vested by the Constitution in the POTUS These Secretaries are but his servants, and we do not. intend to invest the SecyTreasury with a power distinct from the POTUS “ I think the chairman of the committee will accept the suggestion and modify his proposition so that the President shall not be interfered with in his constitutional right of nomination, nor shall the Senate he interfered with in their constitutional right of confirmation.
Mr. SPALDING. Who appoints the asse ssors?
Mr. BLAINE. The President; heap oints all of them. We all know that the different heads of Depts are intrusted with the nomination of their subordinates. The SecyWar nominates otheers of the Army and the PostMGenl nominates his subordinates; but the POTUS is the power that does it 3 each one is the servant of the President.
Mr. ALLISON. I desire to call the gentlemans attention to section 19 of the act of 1865 for which this is a substitute, which did authorize the SecyTreasury to select 3 commissioners.
Mr. BLAINE. It has been done in frequent instances. But it will be seen that it is not the usual legal, constitutional way in which the Government is presumed to work. You are investing in a more servant of the President a power which the Constitution gives to the president alone, subject to the review of the Senate, and my amendment simply puts this on the constitutional basis and does not interfere with anybody.
Mr. MOltRILL. I do not regard the proposition in any shape in which it may come as of any practical importance. I do not believe there is a single man on this floor who believes that the office is to be conferred upon any individual except one thatis known to us all and for the purpose of terminating debate upon this section I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 518, to amend an not 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, and had come to no resolution thereon. 10ANAI. imp SEWBRAGE COMPANY.
Mr. STEVENS. At the request of a member who is absent I desire to enter a motion to reconsider the votebywhich the amendments were adopted to the bill to incorporate the District of olnmbia Canal and Sewerage Company. TheSPEAKER. Themotionwillbeentered. MOTION To RBCONSIDlJlt.
Mr. BIDWELL. I desire to enter a motion I move to strike out “Sec, to reconsider the vote of the House on Senate bill No. 123. CLOSE or DEBATE.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of House bill No. 513, all debate upon the pending par agraph and the amendments thereto terminate in one minute. The motion was agreed to. TAX 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. Dawns in the chair) and resumed the consideration of the special order, being a hill of the House (No. 613) 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 gone 80. 1864, and acts amendatory thereof.
Mr. BLAINE. I withdraw my amendment for the purpose of having a direct vote on the proposition of the Gentfrom Pennsylvania, [Mr. Srnvsssig]
Skip Skip The question being taken on the amendment offered by Mr. Srnvsss, there were ayes 21, noes 47; no quorum voting.
The CHAI tMAN. Does the Gentfrom Pennsylvania persist in his amendment?
Mr. STEVENS. I believe I will withdraw it. I think this section is of no use anyhow. I withdraw it.
Mr. COBB. I move to amend by striking out the entire section down to and including the word “ ostagc, ” in line 40.
Mr. WIL.lAMS. I renew the amendment of the Gentfrom Maine [Mr. BLAINE] to strike out the words “the SecyTreasury is hereby authorized to appoint” and insert in lieu thereof “the President is hereby authorized, by and with the advice and consent of the Senate. to appoint.”
Mr. FAltNSWOItTH. Imove as an amendment to the amendment to add the following: and from and alter the passageof this act iill revenue agents authorized by this act and all acts to which this act is an amen mentshall be appointed by the President, by and With the advice an consent of the Senate.
Skip Skip The question was taken on Mr. Fansswonrns amendment to the amendment; and there were ayes 30, noes not counted. So the amendment to the amendment was disagreed to.
Mr. FARNSWORTH. I do not think that these amendments ought. all to fail on account of the absence of aguoium. I hope the chair man of the ComWays&Means will allow us to have avote on this amendment in the House.
Mr. MORRILI. The amendment can as well be put on any other bill as on this. The question recurred on Mr. wiLLiAMss amendment.
Mr. FARNSWORTH. I hope the Gentfrom Pennsylvania [Mr. Wll.l.lA. lS] will accept my amendment as a modification of his.
Mr. WILLIAMS. No, sir; it would read awkwardly.
Mr. STEVENS. I offer the following as an amendment to the amendment: From and after the passageof this not all revenue agents authorized by this act, and all actsto which this is an amendment, shall be appointed by the President. by and with the advice and consent of the Senate.
Mr. LATHAM. Is an amendment to that amendment. in order?
The CHAIRMAN. It is not in order; that is an amendment to an amendment.
The CHAIRMAN. o; no debate is in order. The Chair is about to put the question. [Laughter]
Mr. FARNSWORTH. I understand that the chairman of the ComWays&Means is willing that I may offer my amendment in the House, so that we may have a vote upon it. Criesof“Oh, no!” and “Objcetl"]
Skip Skip Mr. SpTVENS. I call for.tcllers on the amendment to the amendment. Tellers were ordered; and Messrs. Srsvsss and DELANO were appointed. The committee divided; and the tellers rerted ayes 35, noes 39: no quorum voting.
Mr. MORRILL. Mr. Chairman, I hope the Gentfrom Pennsylvania [Mr. Srnvizss] will withdraw his motion, and that this proposition will be put in shape and offered in the House on Monday, when we can vote upon it by the yeas&nays. I want very much to get through with the bill this evening.
Mr. STEVENS. With the understanding that the vote is not to be taken tonight I with draw the amendment to the amendment.
Skip Skip The question was taken; and on a division there were ayes 30, noes 51; no quorum votin. Belore the result was announced, Mr. MORRILL said: If the gentleman will withdraw his amendment now, I will consent that a vote may be taken upon it in the House.
Mr. COBB. With the express understanding that I may move this amendment in the House, or if I should not be present my colleague [Mr. Runs] may move it, I will with draw it at this time.
Mr. SPALDING. I move that the committee now rise.
Mr. MORRILL. I hope the Gentfrom Ohio (gMr. Srsunse ] will withdraw that motion, an let us et through with the bill in ComWhole.
Mr. SPALDING. We cannot do that tonight.
Mr.MORRILL. There is but one section left. It will take but a few minutes to get through.
Mr. SPALDING. Very well; I will with draw the motion.
Mr. MORRIS. I move to insert the following as a new section after section 65: Abite , That from and after the passage of this act cornshelters shall be exsmpt roni internal tax or duty.
Mr. WASHBURN, of Massachusetts. I m“ ove to amend by inserting after the words coriishcllcrs, " the words “ and wooden ware.” [Laughter] The amendment was agreed to. The question recurred upon the amendment as amended; and being put, the Chairman announced that the noes appeared to have it.
Skip Skip Mr. MORRIS. I call tor a division upon the question. The question was put; and upon a division there were ayes 19. Before the vote in the negative was taken, Mr. MORRIS called for tellers. Tellers were ordered; and Messrs. Mounts and SPALDING were a pointed.
Mr. MORRILL. regret to see the unwillingness manifested upon the part of members to have the consideration of this bill in ComWhole concluded today; Itherefore move that the committee now rise.
Mr. MORRIS. Before that question is put, I would inquire of the Chair in what position my amendment will be when the consideration of this bill is again resumed.
The CHAIRMAN. The endingquestion will then be upon the amendment of the Gentfrom O in, [Mr. Monms] as amended upon the motion of the Gentfrom Massachnse tts, [Mr. Wasusunx] The question was upon the motion of
Mr. Mouniu. that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. DAwss reported 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. 613, 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, and had come to no resolution thereon and then, on motion of
Mr. DEFREES, (at 5 oclock p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions. Aux, wero presentedunder the rule and referredto the appropriate committees: By Mr. BANKS: The memorialof Pardon Worslcy. gilt? lcornpensationfor services rendered the U.S. es.y Mr. CLARKE. of Ohio: The petition of Bar rington Behymer, asking to be paid for military service. By Mr.DEIVREES: A petition from sundry ol diers of Indiana asking an amendment be made to the homestead act, so as to enable soldiers or their legal representatives in any land district. by exliibitiiiir their discharge papers and making out to their identity before the register, to securea title to 160 acresor less, and the time of settlement left to the option of the party acquir in title. Dy Mr. ELIOT: The petition of Solomon 1.Perry and othersJor the erection ofuliirht vessel ator near the reef of rocks known as the lien and Chickens, in Buzzards By Mr. bHaaL.MES; the petition of Morgan L. Brown and others, citisens of Madison county, NewYork or nrqinnreaseof the taritIor duty on wool. By Mr. P h The petition of O. S. Livermors, and 32 others. of Eastpnrt, Maine, for enactment oflaws regulating interState insurances.
@@@IN SENATE SENATE. MONDAY, May 28, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. DEPOSITS IN NATIONAL BANKS.
The PRESIDENT protempore announced the appointment of Mr. WILSON, Mr. HENDER sos, Mr. VANwrsms, Mr. J cusses, and Mr. Bu exALiiw as the select committee to inquire into the condition of the national banks with reference to Government deposits therein, under the resolution adopted by the Senate on the 24th instant. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a communication from the SecyWar, transmitting, in compliance with arcsolution of the Senate of the 9th of Feb ruar last, information in relation to a compendium of medical statistics collected during thlcllate war; which was ordered to lie on the to Je. He also laid before the Senate a report of the 2nd Auditor of the Treasury, communi cating, in obedience to law copies of accounts of persons charged with the ishnrsement of moneys, goods, or effects of any kind for the benefit of the Indians from July 1, 1864, to June 30, 1865; which was referred to the ComIndAffrs.
Mr. CONNESS, from the ComMining, to whom was referred a bill (S.No.257) to regulate the occupation of mineral lands, and to extend the right of preemption thereto, reported it with an ainendment, and submitted a report in writing; which was ordered to be printed. BILL INTRODUCED.
Mr. HENDRICKS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.841) amendatory of the preemption laws., and f o r other purposes; wiiich was read mice by its title, an referred to the ComPubLands. RAILROAD TO POINT OF ROCKS.
Mr. WADE. I offer a resolution, and as it is merely a resolution of inquiry, I ask for its present consideration: Whereas the necessityof the nation requires that the seat of Governmentshould be more accessibleto the great interest: and convenienceof the eastern, and particularly to the western portion of the sumo: and whereas the State of Marly and did. by an act it iproved March, 1865.grant to the Baltimore and O no Railroad Companythe right to construct a railroad from the said railroad at the Point of Rocks to the line of the DistCol with a purpose to run the same into the city of Washington: Thoro ro, Be: it resolved, That the ComDistCol. be instruoted to inquire into the fact whcther said railroad company intend to carry out the provisions of their said charter.
Mr. CRESWELL. I am not aware of the object of this resolution, but I suppose, of course, it is fairly stated in its face. My colleague [Mr. JOHNSON] is not here today, but will be ere tomorrow.
Mr. WADE. I will state to the Senator that this resolution concludes no right; it is only an inquiry as to whether the company inten to build the road. I was requested to ask for its present consideration, but I have no objection to its goin over if the Senator so desires.
Mr. CRESWELL. I prefer that it should go over until tomorrow.
The PRESIDENT protempore. The resolution will lie over until tomorrow. BENJAMIN FRANKLIN.
Mr. RAMSEY. I move that the Senate procoed to the consideration of Senate hill 0. 339, reported from the ComPensions. The motion was agreed to; and the hill (8. No. 880) granting a pension to Benjamin Frank lin was read a 2nd time, and considered as in ComWhole. It directs the SecyInterior to place the name of Benjamin Franklin, a private in company H, 2nd regiment Minnesota caval vo untccrs, on the pensionroll, at the rate O 25 dollars permonth, to commence from the 15th day of January, 1865, and to continue during his natural life.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. CAIRO and FULTON RAILROAD GRANT.
Mr. POMEROY. I move that the Senate proceed to the consideration of Senate bil 0. 223. T he motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.223) to revive and extend the provisions of an act grantin the right of way and making a grant of Ian to the States of Arkansas an Missourito aid in the construction of a railroad from a point upon the lilississip i, opposite the mouth of the Ohio river, via Iittle Rock, to the Texas boundary near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved February 9, 1853, and or other purposes, the pending question being on the amendment of Mr. PONEROY, in section one, line 3, after the word “that” tostrike out the words “ the above recited act” and to insert, “the act granting the right of way and making agrant of land to the States of Arkansas and Missouri, to aid in the construction of a railroad from a point upon the mississippi opposite the month) of the Ohio river, via ittle ock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved February 9, 1853.” The amendment was agreed to.
Skip Skip The bill was ordered to be engrossed for a 3rd reading, was read the 3rd time, and passed. KANSAS and NEOSHO VALLEY RAILROAD.
Mr. HENDERSON. I move that the senate proceed to the consideration of the bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Ncosho Valley railroad and its extension to Red river.
Mr. HENDRICKS. I rise to ask the Senfrom Missouriif he desires to take u that bill in the absence of the Senfrom an sas, [Mr. LANE] who, I understand, is opposed to the bill. I do not know why that Senator is absent. this morning, but I suppose he will be here during the day. I have no desire on my own part to postpone the considepition of the bill any furt icr; but it seems to me that it Ought not to be taken up when the Senfrom Kansas is out of his seat I presume necessaril so., Mr. HENDERSON. One of the Senators from Kansas is resent.
Mr. HENDRICKS. But the Senfrom Kansas who is absent is opposed to the bill.
Mr. POMEROY. I presume my colleague will be in before we complete the readin of the bill. He is in town, and I know O no reason why he is not here. I presume that if we take up the bill he will be here before its reading is completed.
Mr. ANTHONY. I happen to have received a note from the Seooter from Kansas, not in regard to this bill but with reference to another matter, in which he stated that he should be necessarily detained from the Senate today.
Mr. IOMEROY. know of no reason why we should not proceed to the consideration of the hill.
Mr. HENDRICKS. It is a question for the Senfrom Missouriand other Senators to consider whether when a Senfrom the State where the grant is proposed to be made, who is opposed to the bill, is absent, we ought to take it u ) in his absence. I think not.
Mr. HOWARD. I know very little of the merits of the bill which it is proposed to take up now; but as the Senfrom Kansas is not in his seat.at present I hope it will not be taken up, but that instead of it we shall take up House bill No. 11, relating to commerce between the States.
Mr. HENDERSON. Irise simply for the purpose of withdrawing m motion and iving a notice to the Senate. 1 is is the3rd time this bill has been called up. It is really a matter of very little consequence; it simply Wolves perhaps the grant of 5 or 6 or 7,000 acres of land in the State of Kansas. Beyond that I think it cannot interfere with anybodys rights. I do not know that it interferes with anybod s rights in that respect. It is nothing more than a usual and ordinary land at. This is the 3rd time I have attempte to get the bill up, and something comes in the way all the time. I now give notice that I shall, after tomorrow, call the bill up no matter who is present or who is absent, and ask that the Senate vote upon the proposition.
Mr. SUMNER. I understand the Senfrom Missouri to withdraw his motion.
Mr. HENDERSON. Yes, sir; Iwithdraw it for the present.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPUERSON, its Clerk, announced that the HoRep had disa eed to the amendments of the Senate to the bill (H.R.No. 363) supplementary to the several acts relating to pensions, asked a conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. Sinssr Pau nm of Maine, Mr. Gannon V. Ltwasse Mr. of Pennsylvania, and Mr. NELSON TAYLOR of NewYork manaers at the same on its part. The message urther announced that the HoRep had agreed to the amendments of the Senate to the bill (H.R.No. 668) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress, relatingto passports. he message also announced that the Speaker of the HoRep had appointed Mr. S. E. Ase oxa, of Pennsylvania, as oneof the managers at the conference on the disa greeing votes of the 2 Houses on the bill (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama. Mississippi, Louisiana, Arkansas, and Florida, in place of Mr. ADAM J. Gnossnunxsnn, who has been excused from serving at said conference. The message further announced that the HoRep had passed the following bill and JtResolution, in which it renested the concurrence of the Senate: bill SH.R.No. 602) to equalize the bounties of soldiers, sailors, and marines who served in the late war for the Union; and AJtResolution (H.R.No. 143) making an appropriation for the repair of the Potomac bridge. ENROLLED BILL SIGNED. The message also announced that the Speaker of the HoRep had signed an enrolled bill (H.R.No. 568) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th congress; and it was thereupon signed by the resident protempore of the Senate. INTERSTATE INTERCOUBSE.
Mr. HOWARD. I now move to take up House bill No. 11. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States, the question being on the amendmentproposed by Mr. EnnswnLL, to add the following asan additional section to the bill: and be “ Abife: That Congressmay at any time alter, amend, or repeal this act.
Mr. SUMNER. I would simply remark that that amendment is entirely superfluous. Congress can do what is there proposed at any time. I do not see an use in adding the words.
Mr. MORRILL. but depends very much, I believe, upon questions which may arise before the courts. It has been pretty well settled in this country that there are certain rights which inhere in corporations, that cannot be repealed unless the power to do so is reserved.
Mr. CHANDLER. This bill is general in its character; there are no specific rights granted to anyone corporation over others. The power which this amendment proposes to reserve is evidently contained in the oriinal bill. I would rather take the bill as it IS, and I prefer that the amendment should not be adopted. The amendment was rejected; there being, on a division ayes 12, noes 13.
Mr. HOWARD. Will the honorable senpltor from Maine allow me to say one word right ere (
Mr. HOWARD. I have listened to the Senators citation from Kent, but I see nothing in that which conflicts in the slightest degree with the view which I took of this case. But I ask the honorable Senator whether he finds in Chancellor Kent, or in any other book treatsing of the constitutional power of Congress over commerce, any assertion or statement of a principle that trade, intercourse, or travel commencing in the city of NewYork, passing through the State of NewJersey, and endin in the city of Philadel his, in the State of Pennsylvania, is interns commerce. I fancy the honorable Senator will hardly find any such doctrine in Kent, or elsewhere.
Mr. GRIMES. The Senfrom Maine has been pressed into making an argument here when he was not expecting it, and as it is de sirable that we should transact some executive businessl move that the Senate proceed to the consideration of executive business.
The PRESIDENT protempore. Does the Senfrom Maine give way to the motion of the Senfrom Iowa?
Mr. CHANDLER. I hope the Senate will come to a vote on this bill. I have been trying now for 2 entire sessions to get a vote upon the question. We are ready to take a vote, and [hope the Senate will grant me a short time to come to a vote. All I ask is a vote. The Senfrom Maine pledged me that he would not speak against time, and that he would not speak, over 30 minutes; and as the time that the Senfrom Maine took for himself is nearly up, I will ask the Senate not to go into executive session, but to give me a vote on this bill that I have been trying new for more than 2 years to get a vote 11 on.
The PRESIDENT protempore. The question is on the motion of the Senfrom Iowa. The motion was agreed to; there being, on a division ayes l7, noes 12. PENSION LAWS.
Mr. VANWINKLE. Before the/executive session I hope I shall be indulged in submit ting the usual motion for the appointment of a committee of conference on the amendments of the Senate to the bill (H.R.No. 363) supplementary to, the several acts relating to pensions disagreed to by the HoRep.
The PRESIDEN" protempore. The Chair can only entertain the motion by unanimous consent. The Chair hears no objection.
Mr. VANWINKLE. I now move that the Senate insist upon its amendments to the hill disagreed to by the HoRep, and agree to the conference asked by the House on the disagreeing votes of the 2 Houses thereon, and that the conferees on the part of the Senate be appointed by the President protempore. The motion was agreed to; and the President go tempera appointed Mr. LANE of Indiana, Vss Wiivxuz, and Mr. DAVIS the committee on the part of the Senate. HOUSE BILLS REFERRED. The bill (H.R.No. 602) to equalize the bounties of soldiers, sailors, and marines who served in the into war for the Union was read twice by its title and referred to the ComMilAffrs . The JtResolution (H.R.No. 143) making an appropriation for the repair of the Potomac bridge was read twice by its title, and referred to the ComDistCol. STAUNTON PETITION.
Mr. WLSON. It will be remembered that a few days since the Senfrom Illinois [Mr. TRUMBULL] called the attention of the Senate to the case of some petitions from Virginia, and in the debate on that subject the name of Mr. Segar was used. I have since received a letter from him which he requests may be read to the Senate.
Mr. SAULSBURY. I wish to make a statement in rerd to the matter before the Senate. I receive a letter from a gentleman of high standing in Staunton, a few days after the petition was presented to this body asking for troops to be sent for the protection of loyal men, stating to me that the signatures were, in the judgment of the people there, forgerics. I answered his letter only the other day. I called upon the chairman of the ComMilAffrs some time ago to know if I could get a copy of the petition. He said I could, and I received one in the Senate but 3 or 4 days ago. I am further informed by the gentleman that when the person who professed to act as a notary public had that paper before him there was nothing in the form of a petition over the names. There was a paper containing names, and the petition was subsequently drawn over the names. I am satisfie myself, from the representations of the gentleman in Staunton who wrote to me upon the subject, that the signatures to this paperare forgeries to a great extent, and I am told by a gentleman who has inspected the original petition that in hisjudgment the names were signed by the same pen and the same ink, all except 3, and by the same individual.
Mr. POLAND. I desire to move a reconsideration of a nomination in executive session.
Mr. CLARK. I move that we proceed to the consideration of executive business.
Mr. POLAND. I believe we are in executive session.
Mr. CONNESS. No; the Senate voted to go into executive session, but the doors, as I understand, have been considered open for certain business.
The PRESIDENT protempore. The Senfrom Massachusetts commenced reading a letter and the Chair asked if there was any objection to its beingmde None was made, and the letter was read. The Senfrom California then went on to make remarks and then the Senfrom Delaware. The doors were open during this time certainly.
Mr. CONNESS. I move now that they be considered closed, and that we go on with executive business.
Mr. SAULSBURY. One word, Mr. president. All I have to say in reply to the Senfrom Illinois is that he acts n n his own information; he forms his own u gment from the information he has received from Staunton. I form mine upon the information thatI have received, and I know that my information comes from sources that at least entitle itto my respect and confidence. I was assured, in a otter, that diligent inqui had been made to ascertain who it was, if there was anyone there that had signed such a petition, and no one could be fonndt " ”
Mr. TRUMBULL. Will the Senator allow me to inquire why was such an inquiry instituted? hat was the object of it.?
Mr. SAULSBURY. will tell the Senator why it was. It was because it was believed that there was an attempt made to misrepresent the men of Staunton and of that county, and for some purpose of private malice a inst some particular individuals to have soldiers sent there to be quartered upon and to oppress the cople. That was the object as I understand mm the letter. Now, sir, ifthere is any disposition to persecute any man on account of is loyalty or otherwise, in Staunton or in Au gusta county, I am no party to that; but I as firmly believe that the statement made to me is true, from the Gentfrom whom I received it, as the honorable Senfrom Illinois believes that his information is cprrect.
Mr. TRUMBULL. I should like to ask the Senfrom Delaware one question: if he himself would countenance the visiting of popular censure upon any man for sending a etition in respectful terms to the congress of the U.S., whether he agree with his views or not?
Mr. ANTHONY. I move that the Senate proceed to the consideration of executive business.
The PRESIDENT protempore. This discussion is proceeding only by the unanimous consent of the Senate. It is not necessary that a motion be made to ointo executive session; but it is the duty of the Chair to execute that order of the Senate whenever requested to do so by any Senator.
Mr. SAULSBURY. I desire to saya word in reply to the question put to me by the Senfrom Illinois. I have condemned, and have had cause to condemn in the bitterest terms, petitions sent from my own neighbor hood and from my own State to get the military quarteredu on its petitions sent for soldiers to keep us from the polls. So, when the Sea ator asks me if I would condemn a man for signing a petition which was respectful in its terms, I say yes. It is according to the subject matter; I would condemn no man for asking in respectful terms for a remedy for any existing wrong; but when his object is oppression, himself, then I would condemn him.
Mr. TRUMBULL. Would you not allow him to ju e whether it was wrong or not?
Mr. SA LSBUliY. I have arighttojudge, too.
The PRESIDENT protempore. The Chair must execute theorder of the Senate, and have the doors closed.
Mr. HENDRICKS. Before that is done I wish to make an appeal to the Senfrom RhdIsland to withdraw his motion for a moment. His motion, I believe, is to adjourn.
The PRESIDENT protem ore. That motion has been withdrawn. e Senate made an order some time ago that it proceed to the consideration of executive business, but by common consent this discussion went on until interrupted by another motionto go into executive session. On that motion being called to the attention of the Chair it becomes the duty of the Chair to execute theorder already made and have the doors closed.
Mr. HENDRICKS Before the Chair executes that order I ask the unanimous consent of the Senate to make one inquiry. I wish to intfiuire whether a Senator can in any case be caed upon to explain wh he has obtained a cepy of a document on he files of the senate, which is a public document, not belonging to the executive files of the body. I do not understand this. I have always thought that when a constituent of mine wrote to me for anything that appertained to the public business of the Senate I had a right, without any question about it, to send him information in regard to it. If I am wrong about that I want to know it. I do not want to get into any se ra es. I supposed that all the documents of the Senate in public session werepublic documents of the country, and that we could send them if printed, or furnish copies of them if not printe, or information of their contents, without being questioned aboutit. The reason I make the inquiry is that I am surprised that it is thought necessary in the Senate to make any explanation for having furnished to anybody a copy of any document that is public in its character and belongs to the files of the Senate. If I am wrongabout it, I should like to know.
Mr. CLARK. I think the Senfrom Indiana is underamisap rehension. The other day the Senfrom lliuois asked leave to withdraw from the files of the Senate an original petition for the purpose of returning it to the friends of the petitioners in Staunton, Virginia, on the allegation that it was asserted there that some of the names to the petition had been forged, and there was an attempt to get the names for the purpose of prosecuting or ersecuting some of the parties there. ir. HENDRICKS. I thought the proposition of the Senfrom Illinois in that respect was entirely proper.
Mr. CLARK. But with that application the name of Mr. Segar, of Virginia, became connected in some way. Now, Mr. Segar comes in with a paperto explain his connection with the matter. That is all there is to it. There is no question arising as to the conduct of any Senator.
Mr. HENDRICKS. That is all I wanted to know. Now, I wish to an gest on this question of adjournment, before e motion is put
The PRESIDENT o tempore. The motion is not too ourn. t has been withdrawn.
Mr. HENDRICKS. But I presume it Will be renew an. Mr If the Senfrom Indianu has got through, I will renew the motion that the Senate adjourn.
Mr. ANTHONY. I hope the Senator will let us know when he gets through. so that I may make the motion before anybody else gets the floor.
Mr. HENDRICKS. I am very anxious, for one, that this session of the Senate shall approach its close. I do not want to sit here all summer. I appeal to Senators that we go on with the business, transact it, get done, and go home.
Mr. TRUMBULL. What measure have you to bring forward?
Mr. HENDRICKS. I have no measure of my own to bring forward especially, but I am ready to assist any other Senator that has a measure to bring it to a wholesome result.
Mr. SHERMAN. we will expedite business, if you will leave it to us.
Mr. HENDRICKS. The fact that I have no special measure to bring forward does not tone the question. I presented one bill of some interest this morning touchin the proemption of the public lands, and I ope that will not prolong the session of the Senate. All Iwunt is that we shall go on with business. Now, we have a bill partly discussed, and that has been poppin up in this body from time to time for 2 or t ree sessions, and I think we had better dispose of it. If it has got merits it ought to pass; if it has not we ought to do feat i. I suggest to the Senfrom RhhdIsland that we go on in open session with the discussion of that bill and come to a vote upon it.
Mr. ANTHONY. The Senate has already voted to go into executive session.
Mr. CLARK. Now let us have that order executed.
Mr. POLAND. If we are not in executive session I move that we go in.
Mr. CLARK. I ask for the execution of the order already made.
The PRESIDENT protempera. In pursuance of the order oftic Senate, the Sergeant at Arins will clear the galleries and close the doors. The Senate having proceeded to the consideration of executive session; the doors were Afterward reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Mormn, May 28, 1866. The House met at 12 oclock in. The Journal of Saturday last was read and approved. cumin or Busnuass.
The SPEAKER announced, as the 1st business in order, the call of committees (commencing with the ComElections) for reports to go upon the Calendar and not to be brought back by a motion to reconsider. No reports were presented. STAMPS on LEGAL DOCUMENTS.
The SPEAKER stated the next business in order to be the call of States for resolutions, under which call the following resolution, pending last Monday at the expiration of the morning hour, came up for consideration: Whereas the provisions of theinternal rerenuc law of June 30 1864.in section 170. undortho head of “legal documents, ”which require certain kinds of processand legal documents used in the courts of the States to be stamped.have been held by the highest courts of several States to ho unconstitutional and VOId and whereasthey are at least of doubtful validity, and in fact impose a tax on redress, which ought always to be as free aspossible: Therefore, lfmloed. That the Committoo of Ways&Means heinstrncted to considerthe propriety of repealing said provnuons, and that theyreport by bill or other man. The resolution was agreed to. MAPS OF BOUNDARY SURVEY.
Mr. RICE, of Maine, submitted the following resolution: Revolve ii, That the SecyState be requested to infirln this Honsowhat progresshas beenmadein se uorm repyl etainngoltrhtehemtarpesatcyoonfne Washington the Wbitohuenodpaireys “inad eorrcspondeuce on this subject not heretofore prin.
The SPEAKER. This being a call for executive information, unanimous consent is news sary for its consideration on this day.
Skip Skip There being no objection, the resolution was considered and agreed to. Mr. RICE, of Maine, mtRtv the resolution was adopted; upon the table. Agreed to. TREASURY SALES OF GOLD.
Mr. PERHAM submitted the following resolution: Resolved.That the SecyTreasury be directed to inform this House what amount of gold belongipg to the U.S. has been sold by or under his authority since thelet instant and at what rates; also. the name of the agent or agentsthrough whom such soloswereoffoctodand what rate of commission has been authorised by the Dept for selling the same.
Skip Skip The SPEAKER. This being a call for executive information. unanimous consent is necessary for its consideration on this day. There being no objection, the resolution was considered and agreed to. Mr. PERHAM mtRtv the resolution was adopted; upon the table. Agreed to. PUBLIC HONORS TO TRAITORS.
Mr. NICHOLSON. I raise the point of order that this resolution, being a call for executive information, must lie over under the rules.
Mr. WILLIAMS. I move a suspension of the rules.
The SPEAKER. That motion cannot be made during the morning hour.
The SPEAKER. When the morning hour has expired. WIRING wITH EVENING SESSIONS.
Mr. THAYER submitted the following resolution; on which he demanded the previous question: Resolved.That the evening sessionsof the House bedispensedwith until otherwise ordered.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. THAYER mtRtv the resolution was adopted; on the table. Agreed to. rasnniinus course.
Mr. HALE submitted the followmg resolution, and demanded the previous question on its adoption: Regolved.That the SecyWar be directed to furnish to this House ii. report showmg the amount of funds received by the bureau of Refugees.Freedman, and Abandoned Lands, from its organization to the 1st da of April. 1866 from what sources the sump were crived and towhut general purpose appropriated; the amount or value) of subsptence stores received and expen edwithin said period: the valuo of quartermasters proor received prior.to and amount remaining on an on said April; the estimated cost of transportation fufllllf edon requi sitious or ordersfrom said bureau to said date. specifm what share of the snmovwnsfor refugees.for flee men and for officers soldiers.andeiVilians connected Withsaidbureau; the amountpf land included in the Governmentfarms.so called in char cof said bureau in the year 1865, and the yaluo of e cro I raised thereon; the number of buildings occupied a said bureau on the list do of Setcmber, 1865.an the amount of rent claimed [or all lands and buildings previously cccu ied. up to April 1, 1866.by the owners or pretende owners thereof; the value of personal property. if any. Seized and applied to the uses of the bureau in any of the robe ious States the number of officersof the Army or volunteers oi each grade who had been or ivere ou duty in said bureau previous to said 1st of Apinland the gross amount of my and allowances, as nearly as the same can be reily ascertained to which such officers were entitled whilo thus on duty and the amount of estimates of quartermastersfunds required by quartermasters on duty in said bureau for the use thereof, up to said April 1 and the amount transferred on said estimates.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. INVALID PENSIONS.
Mr. STEVENS submitted the following resolution, on which he demanded the previous question: Resolved, That the ComInvalidPens be instructed to brin in a bill to double the pensions caused by the casunties of war with the socalled confederate States.
Mr. TAYLOR. I will suggest to the Gentfrom Pennsylvania that a bill passed this House a few days since and is now awaiting the action of the Senate. I think, perhaps, it will meet the views of the gentleman. This also is a resolution of instruction.
Mr. STEVENS. I do not understand that any bill has passed the House to meet the object I have in view.
Mr. STEVENS. My idea is that all these pensions should be doubled; and that is the idea contained in the resolution.
Mr. TAYLOR. I suggest, then, that the gentleman make the resolution one of in uir. q Mi. STEVENS. There is no necessity of inquiring into the expediency of doing it. I want to test the sense of the House on the subject.
Mr. PERHAM. I ask the Gentfrom Pennsylvania whether he will not allow the resolution to be one of inquiry.
Mr. STEVENS. If I were sure the committee would report in a couple of weeks I would consent to that modification.
Mr. PERHAM. The committee would be prepared to make some sort of areport in that time.
Mr. STEVENS. I agree to that modification.
Mr. SPALDING. Iobject to debate. the previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. GOVERNMENT RAILROAD PROPERTY.
Mr. KELLEY submitted the following resolution, and demanded the previous question on its adoption: Resolved, That the SecyWarbe directed to furnish to the HoRep:1.se hedule of all railroad propertiiwhich was in the possession of the Government on 1131, 1865 whether held by right of capture or by purchase, and if by purchase, ltatin the coat. Alsow atdisposition has beenmade of snc property; if sold, whetherforcashor credit and if for credit. under what law or authority, and whetherthe purchasemoneyhasbeen paid, or what stepshave beentaken to recover it.
Mr. FARNSWORTH. Does not that lie over, if objected to?
The SPEAKER. Being a call for executive information, if objected to, it lies over for one day.
Mr. FARNSWORTH objected, but subsequently withdrew his objection, when it was renewed by Mr. Ross. MEMPHIS RIOT.
Mr. RANDALL, of Pennsylvania, submitted the following resolution: Resolved, Thatthe SecyWar he requested to furnish to this House. if not inconsistent with the public interest. a copy of the report of Major generaliGeorge Stoneman as to the recent riot at emp s.
Skip Skip Mr. BLAINE. I ask the gentleman to modify his resolution so as to include all other reports in his osse ssion on the same subject. Mr and ALL, of Pennsylvania. I agree to that modification. The resolution, as modified, was adopted. Mr. RANDALL, of Pennsylvania, mtRtv the resolution was passed; upon the table. Agreed to. REBEL STATES.
Mr. STEVENS introduced a bill to enable the States lately in rebellion to regain their privileges in the Union; which was reada 1st and 2nd time, ordered to be printed, and referred to the ComWhole on the state of the Union. ABOLITION OF BREVET RANK.
Mr. SCHENCK submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComMilAffrs be instructedtoinquire into the expediency of repealing all laws authorizin brovetrank in the Army of the U.S.; an lprowdini; that all such distinction being abolishc, some other mark. budge, recognition, or reward for anllant aetions or meritorious conductshall bosubstitutedinstead; and that the committeereport by bill or otherwise. WAR OF 1812
Mr. SPALDING submitted the followinv resolution; which was read, considered, and agreed to: Resolved.That thestanding ComInvalidPens be instructed to inquire into and report, without unnecessarydelay, upon the expediency of placing the surviving soldiers of the war 011812upon the pensionlist. REPRESENTATION OF SOUTHERN STATES.
Mr. GRIDER offered the followmg resolution: Recoleed, That inasmuch as loyal men have been looted by the people of Tennesseeas Senators and Ilepreseptativesin Goa resathey sbouldbo admitted to seatsin the present onzressupon taking the usual oath ofoifieo. lfmlvedfurller. That each of the Statesnot now representedin Congress should be allowed representation upon the sameterms.
Mr. FARNSWORTH. I make the point of order that that goes to the committee on reconltruction.
The SPEAKER. The Chair sustains the point of order. Under the order of the House it goes to the JtComReconstruction. QMr. GRIDER. Do I understand that this resolution goes to that committee and is not debatable?, (.4
The SPEAKER. It is not debatable. The order of the House is, “that all papers which may be offered relative to the representation of the late socalled confederate States of America, or either of them, shall be referred to the JtCommee of 15 without debate.”
Mr. ELDRIDGE. Is not that committee discharged by the report it has made?
The SPEAKER. the resolution includes all the ao called confederate States.
Mr. ELDRIDGE. The committee has reported in full. Does not that end their service? how long do they continue?
Mr. GRIDER. Is it a standing committee or a special committee?
Mr. GRIDER and they have made a report. I.
The SPEAKER. They have reported at various times, and there have been matters referred to them by the House since the last report was made.
Mr. ELDRIDGE. Is not this the 1st matter that has been referred to them since that repohrte?
The SPEAKER. It is not. On motion of the Gentfrom Illinois [Mr. Ross] the address of colored citizens of Chicago was referred to the committee. If the committee had been discharged that would have revived it.
Mr. ELDRIDGE. Then it is endowed with immortalit. Laughter.]
Mr. GRIDER. I want to make one ward more of inquiry: whether the rule which refers matters without debate applies to any other special committee of the House?
The SPEAKER. It does not, so far as the recollection of the Chair goes. U.S. DISTRICT COURTS.
Mr. ASHLEY, of Ohio, submitted the following resolution; which was read, considered, and agreed to: Reauluel, That the ComJudiciary be instructed to inquire into the expedioncy and prac ticability of so consolidating the district courts of the U.S. in all States which under the representative apportionment of 1813 2 are entitled to up more than 7 members in the Congress of the U.S.s into one district, and that they have leave to report.by bill or otherwrso. STEAMEB JENNIE HUBBS.
Mr. KERR introduced a bill to authorize the owners of the steamboat Jennie Hubbs to change the name thereof; which was read a 1st and 2nd time, and referred to the ComCommerce. PENSIONS to PROVOST MARSHALS.
Mr. STILWELL offered the following resolution, and demanded the previous question thereon: Received, That the ComInvalidPens bo, and the are hereby, instructed to report a bill extendintft eprovisionsof the pensionlawsto provostmars als, eputyprovostmarshals, and enrollin otheers who have been disabled while in the line of their duty.
Mr. PERHAM. The committee have that subject under consideration now, and hav been considering it for some time. I am 11 particular about it, but I should prefer not to have this resolution passed.
Mr. STILWELL. I will state that there are a number of cases in our State, as I presume there are in other States, where provost marshals have been killed while in the line of their duty. Hence, I have offered this resolution, instructing the committee to report a bill placing them on the pensionroll, and I would like to take the sense of the House upon it.
Mr. PERHAM. That being the case, I have no objection that the sense of the House shall be taken in regard to it. I will say, however, that the ComPensions have this matter under consideration and will report upon it.
Mr. DUMONT. I hope the resolution will be adopted.
The SPEAKER. A resolution that provost What is the question marshals and deputy provost marshals shall be placed on the pensionrolls.
Mr. ELDRIDGE. Is that resolution de batable? “I
Mr. ELDRIDGE. I make the point of order, then. an the Gentfrom Indiana.
Mr. HARDILG, of Kentucky. I suggest the gentlenian from Indiana that he make his resolution one of inquiry.
Mr. ELDRIDGE. I withdraw my objection to debate.
Mr. THAYER. Ihope the Gentfrom Indiana will modify his resolution so as notto give it the character of animperative resolution, but to let the committee consider the subject.
Mr. STILWELL. The mmmittee can reporta bill and let the House take action on it.
Mr. HARDING, of Kentucky. Is the resolution debatable?
Mr. ELDRlDGE. I demand the yeas&nays on the adoption of the resolution.
Mr. STILWELL. I modify the resolution so as to read " killed or disabled.” 1“
Mr. FARQUHAR. I desire to state one fact to the House.
The SPEAKER. Debate is not in order except by unanimous consent. Is there objection?
Mr. ELDRIDGE. We object unless we can have a chance to debate it on this side of the House. I call fortellers on the yeas&nays. Tellers were ordered; and Messrs. ELD RIDGE and STILWELL were appointed. The House divided; and the tellers reporte ayes 23, noes not counted. 4 1, So the yeas and naya were ordered. Mr. SPALDING. I appeal to the gentleman to make his resolution one of inquiry.
The SPEAKER. Debate is not in order. The Gentfrom Indiana declines to do that.
Skip Skip The question was taken on Mr. STILWELLB resolution; and it was deeidedin the affirmative yeas 65, nays 66, not voting 62; So the resolution was agreed to. During the rollcall, Mr. FERRY said: Iain in favor of the principle of the resolution, but opposed to imperative instruction of committee. Itherefore vote “no.” MrTHAYER said: My colleague, Mr. Minms, is unavoidably absent from the House and is paired with my colleague, Mr. JOHNSON. Before the vote was announced, Mr. BITTER said: I was absent during the rollcall. If I had been present I should have voted in the negative. The result of the vote having been announced as above recorded, Mr. STILWELL mtRtv the resolution was adopted; upon the table. Agreed to. BNROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled an not (H.R.No. 568) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress, relating to passports, when the Speaker signed the same. NATIONAL VOLUNTEER All “Y.
Mr. JULIAN submitted the following resolution, upon which he called the previous question: Ifwolved, That the ComMilAtfairs be instructed to inquire into the expediencyof providing a national military force in lieu of it regular or standing arm. to consist of volunteer regiments mustered into the U.S. service for 3 cars and raised and orgpnized by the different totesin proportion to their population. said committee to report by bill or otherwrse.
Skip Skip The previous question was 2nded and the mainquestion ordered; and under the operation thereof the resolution was agreed to. Mr. JULIAN mtRtv the resolution was agreed to; on the table. Agreed to. CONFISE ATED COTTON.
Mr. BROMWELL submitted the following resolution, upon which he called the preVious question:. Renoloed.That the POTUS he requestedto cause to be laid before this House statements showinl the amount of cotton in bales, and the value thereof, which wa.sin the hands ot"the military authorities at the time of the cessation of hostilities as captured or forfeited cotton. to other with all cotton which has siucp comeinto the and s of the U.S. authorities as property of the late so ealled confederate States: also thoiiinnuut of allcotton in any wisot oininizinto the hands of the Federal authorities during the wnr and under the care of what otheers, and flip disposition which has been made of such cotton in eat hState. both during and since the late war, how sold. to whom and by whom, and on what commissionand for what price.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. REPRESENTATIVES rnon TENNESSEE.
Mr. ROSS submitted the following resolution, upon which he called the previous question: Reached, That the ComReconstructionbe relieved and discharged from the further consideration {if the application of Horace Maynard for a seat in this House, and that all papersupon the subject be referred to the ComElections.
The SPEAKER. The application of Hor ace Maynard is not now befbre the JtComReconstruction. The committee made a report in relation to Representatives from Tennessee, which report was ordered to be printed and recommitted. A motion was made to reconsider the recommitment, which leaves the matter still pending before the House and not before the committee.
Mr. ROSS. Then I will modify my resolution so as to have it embrace all the delegation from Tennessee.
The SPEAKER. They are all in the same condition. The subject of the delegation from Tennessee is not before the ComReconstruction; it is in the House on a motion to reconsider the recommitment, which motion is now pending and can be called u for consideration at any time when the IRJUSB is not on ged upon a other business. glar. ROSS will it be in order for me to modify my resolution so as to refer the papers relating to the Representatives from Tennessee to the ComElections?
The SPEAKER. Those papers are connected with the motion to reconsider. The resolution of the Gentfrom Illinois [Mr. Ross] is therefore not now in order. GOVERNMENT SALE and PURCHASE OF GOLD.
Mr. WILSON, of Iowa, submitted the following resolution, upon which he called the previous question: Resolved, That the SecyTreasu be directed to report to this House how inuch gol be longing to the Government of the U.S. has beensold since the 1st day ofJanuary, 1866t, hedate and amount.bywhomsold, the compensationallowed for such sales and the premium received; also whether any gold has been bought for the Treasury since that date, and if so, the amounts and datesof.r such purchases. the a.monn t of premium paid and: who actedas agentsin making such purchases: also whether any;bondsof the bU.S. have been bought fort e Treasury sincethatdnte, the datesnnd amounts of such purchases, the amountspaid tor the gums and the character and denomination of said on 5.
Mr. CHANLER. I object; that is a call for executive information.
Mr. WILSON, of Iowa. Then I give notice that after the expiration of the morning hour I shall move a suspension of the rules in order to offer this resolution. DISTRICT PENITENTIA RY.
Mr. PAINE introduced a bill to authorize the construction of a penitentiary, jail, and house of correction in the DistCol; which was read a 1st and 2nd time referred to the ComDistCol, and ordered to be printed. NATIONAL CURRENCY.
Mr. DONNELLY introduced a hill to amend section 41 of an act to provide a national currency, &C., approved une 3, 1864; which was read a 1st and 2nd time referred to the ComBanking&Currency, and ordered to be printed. AIR LINE RAILROAD TO NEWYORK.
Mr. WINDOM submitted the following resolution, upon which he called the previous question: Whereas the Baltimore and Ohio Railroad Company are entirely incompetent orunwilling to atlord the necessary facilities to the traveling and business public: and whereas the public have long enough endured the extortions and annoyances imposed by said compan: Resolved, Therefore. hat the ComMilAnd postal railroad from Washington to New lork have leave to report at.any time.
The SPEAKER. It requires unanimous consent to give a committee eave to report at aniltri.mPe.HELPS. I object. ARCHXNG TIBEB CREEK, WASHINGTON.
Mr. LATHAM introduced a JtResolution to provide for completing the arch of Tiber creek through the grounds of the U.S. Botanical Garden, in Washington city; which was read a 1st and 2nd time, and referred to the ComPubBldg and Grounds. EIGHT HOUR SYSTEM or LABOR.
Mr. WHALEY submitted the following resolution, on which he demanded the previous question: Remlved.That the ComPrintg be renested to reporta bill limiting the hours of labor or the employeesin the Government Printing Office to 8.hours a day.
Skip Skip The previous question was 2nded and the main question ordered. The resolution was not agreed to; there being ayeseight noes not counted. Mr. UPSON mtRtv the House refused to agree to the resolution; on the table. Agreed to. TAX 0N NOTES OF STATE BANKS.
Mr. LYNCH, by unanimous consent, presented, from the comBanking&Currency, a report stating that the committee having had under consideration the resolution passe by the House on the 21st instant directing them to inquire into the expediency of exempting the currency of State banks outstanding on the 1st day of July next from the tax of10%. now provided by law until the 1st day of July, 1867, or until some day previous thereto, had concluded to report the some back adversely, deeming it inexpedicut to chau e the existing law upon the subject.
The SPEAKER. The committee will be discharged from the further consideration of this subject, and the report will be laid on the m e.
Mr. LYNCH, by unanimous consent, from the same committee, reported adversely upon the petition ofcertain banks in Maine, asking for the repeal or modification of the 10%. tax on their issues; which was laid on the table.
Skip Skip LEAVE OF ABSENCE. Mr. SHELLABARGER. The Gentfrom Illinois, [Mr. Coon] my coleague on the select committee upon the conduct of the Provost Marshal Generals Bureau, is engaged in taking testimony connected with that investigation. I ask, therefore, that he may have leave to be absent during the sittings of the House. Leave was granted.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Forxnr, its Secretary, announced that the Senate had insisted on its amendments disagreed to by the House to the bill (H.R.No. $63) ea titled “An act supplementary to the several nets relating to pensions, ” and had appointed Messrs. Less of Indiana, VANWINKLE, and DAVIS a committee of conference on the part. of the Senate. The message also informed the House that the Senate had passed bills of the following titles, in which he was directed to ask the concurrence of the House: An act (S.No.389) Benjamin Franklin; an An act (S.No.228) to revive and extend the provisions of an act granting the right of way and making a grant of land to the States of Arkansas and Missourito aid in the construction of a railroad from a point upon the Mississippi opposite the mouth of the Ohio river, we Litt e Rock, to the Texas bound ary, near Fulton, in Arkansas. with branches to Fort Smith and the Mississippi river, approved February 9, 1863, and for other purposes. CONTESTED ELECTION.
Mr. DAWES presented aers in relation to the contested election of) fioyd vs. Kelso; which were referred to the ComElections. (granting a pension to TAX 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. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 618) 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, " it proved June 30, 1864, and acts amendatory thereof. The pending question was upon the amendment of Mr. Moniiis, as amended on motion of
Mr.WASHBURN, ofhlassachusetts, to insert after section 65 the following as a new section: and be“ Abife: That from and after the passu o of this act corn shelters and woodun ware shall e exemptfrom internal tax or duty.
Mr. MORRIS. With the consent of the committee, I propose to modify my amendment by insertin the words “corn sliellers, wooden ware" r the word “separators” in the amendment on page 135, embracing mowers, Mr. rs and threshinmncliines. I understand he Committee of nys and Means consent to this.
Mr. MORRILL. I have no objection, provided the words “corn shellers” be inserted after “threshing machines" on page 89. I desire that all these may share the same fate.
Mr. MORRIS. I consent to that. The amendment, as modified, was agreed to.
The Clerk read as follows: SEC.66. Abife: That this act shall take effect. where not otherwise provided, on the 1stday of July, 186 a6n. d rill provisions of any former not Inconsistent With the Jrovioions hereby repealed: of this not are Provide, hoimier That no duty imposed by any IiIGVIOIUniot, which has become due or of which return has been or ought to be made, shall be remitted or released this act, but the same shall be collected and pair, and all fines and penalties herotofore incurred shall be enforced and collected, and all offenses lici ctoforccommitted shall be punished as if this nothad not been passed: and the ComrIntReV, under the diziendettioonmaokfethaell SecyTreasury dipsraeustchroibre all necessary forms and proceedings for the collection of such taxes iind the enforccmont of such lines and popultrafosr the execution of the provisions of this me
Mr.THAYER. I move to insert after the w“ord “be, ” page 191, line 8, the word assessed.” The amendment was agreed to.
Mr. ANCONA. I move to go back and amend on page 58, line 1222, alter the word “annually, ” by inserting “exclusive of materials."
Mr. MORRILL. I must object to going back.
Mr. DUMONT. I move the following to come in as an additional section: Abife: That it shall be the duty of the ComrIntRev to have this act and the riots to which it is amenrlirtory published in at least one Gcllllilll news npor in eachof the $tiites of the Union whore such paper may be published. The amendment was agreed to.
Mr. MORRILL. Ioiier the followingamendment: Page98, beforclinct 2222, insert: Provided. That any person who shall offer or exfor sole any cigars, choroots, or cigarettes whetherthe articles soofferedor exposednroimported or are of foreign or domestic manufacture shall be deemed the manufacturer thereof, and shall be subectto all the duties, liabilities, and penalties imposed ylcw in regard to the sole of domcstic articleswithout the useof the proor stem or Stamps denoting the duty or tax paid t crcon. nd the ComrIntRev, with the approval of the SecyTreasury, may prescribe such regulations for the inspection and valuation of cigars.cho roots, and oi arettes and the collection of the tax thereon, as alull in his judzment be most effective for the prevention of inequalities and frauds in the payment of such tax: Provided, That such regulations shall not be in violation of law and in addition petoctootrhoerrnrse sgcuslsiiotir own hsoiitrpsphirinllisbeesmthyecidguntiyw of cigarettes or cheroots, to examine the manufacturer thoroof or his agent. under oath, which oath shall be administeredby the inspecting and npiprnising officor, and reducedto writiniz, and signed ysuch manufacture r or hisment. with snow to nse crtninin whether such manufacturer has any interest, ilircc or indircct. in on sale that has been made, or any resale to be run e of said cigars cigarettes, or clicrouts, by tbeooncenlment of whichhe se cksto obtain a false. fraudulent, or deceptive appraisement. The amendment was adopted.
Mr. MORRILL. Inadvertently, as the bill now stands, there is an increase of duty on apple and peach brandy. That was not the intention of the committee; and I propose to amend as follows: Page 161, section 36. line 222, er the word "paid, " insert, “Provided, Thntbrand distilledfiom grnpoa.apples fizzle ashes shall be 50 pergallon: and nrmaded The amendment was agreed to.
Mr. STEVENS. I offer the following amendment
Mr. HOOPER, of Massachusetts. I have an amendment to offer.
Mr. HOOPER, of Massachusetts. I move to amend, on page 126, alter line 2903, by inserting the following: That section 170of the act to provide internnl revenue tosu art the Government, to pay interest on the public debt, and for OLhBIJlHTPOBufla, pprovedJune 30, 1864b, e amended by ading thereto the following: Provided. That for thugurpose of mnking provision for the properdistriution of revenue stem 5 upon the Pacific coastthere shall be allowed to the Asst Treasurer at SanFrancisco a commission of 1%. upon all stamps received and sold by him to agentsor other parties to sell again.
Mr. STEVENS. I would like to understand the CHAIRMAN. No debate is in order.
Mr. FARNSWORTH. The committee do not understand it. I desire to know whether that is
The CHAIRMAN. Debate is out of order. The Clerk will report the amendment again.
Skip Skip The question being taken, there were 6 votes in the affirmative. Mr. BIDWELL demanded tellers; and the Chair appointed Messrs. BIDWELI and Smu DING. The House divided; and the tellers reported ayes 4,noes not counted. So the amendment was not agreed to.
Mr. MORRILL. I move that the committee rise and report the bill to the House.
Mr. WILIAMS. I desire to offer an amendment.
Mr. STEVENS. The gentleman has no right to insist. I had the floor and was offering an amendment, but yielded to a member of the committee, [Mr. Hoornn.]
The CHAIRMAN. The Chair understdod the Gentfrom PennsylVania to withdraw his amendment to allow the Gentfrom Massachusetts [Mr. Hoorsa to offer his. Technically the amendment of the Gentfrom Pennsylvania was not before the committee, but it was understood that he yielded for the purpose of permitting the Gentfrom Massachusetts to offer his.
Mr. STEVENS. I do not know but it is all right already; but I offer my amendment. he Clerk read the amendment, as follows: Whenever any frau has beenor shall be charged against any person either in the annual special or otherlists.orin themonthly.s and the ecial or other returnl person thus charred s iull deny thesameand demand a trial and shal tender to the assess or good and sufficient.bail to secure all the deficiency or amount of the frnud charged and costsof suit. all further FfOCGeCllnfiSElHlll licsuspendedby the assessor and colector, an the whole case reported to the U.S. district attorney for the district. who shall have powerto proceed and collect the someln an action O debt or aumnpnl and proceedthereon to final judgment and execution: lmciilwl. That nothinsq erein contained shall be held to affect the proceedingsby indictment or qui ramaction.
Mr. GARFIELD. I ask the Clerk to read what has already passed the committee on this subject at the end of the 18th section.
The Clerk read as follows: and in addition to the other provisions of law, whenever fraud is alleged as to anyllst or return and the party charged
Mr. STEVENS. If it stated whenever any fraud has been or shall be alleged, I would be satisfied. There are several cases suspended now for the (purpose of allowing an opportu nit to amen this revision. he CHAIRMA. the amendment made in committee will be so modified. )Mr. STEVENS accordingly withdrew his amendment. Mr. WILLIAMS. amendment: I That section9sewn of the act.to which this is an amendment be and the same is hereby. repealed. I desire to have that section read.
The CHAIRMAN. It cannot be done. It is in the nature of debate, which the House has ordered to stop.
Mr. WILLIAMS. I do not ask to debate it; only to have the section proposed to be re)enled read.
Mr. MORRILL. That would be in the nature of debate.
The CHAIRMAN. The Chair does not understand any difference between reading a printed age and debate.
Mr. WILLIAltIS. Then I will modify my amendment so as to read: Giro. Abife: That the 97th sectionof the act of which this isan amend me“nt be and the sameis hereby. repealed, to wit: Sac. 97 and be“further shaded.That every person. firm or corporation. who shall have made any contract prior to the passageof this act and without other provision therein for the payment of duties Imposed by law enacted subsequent thereto. upon articles to e delivered undersue contract.is harsh authorized and empoweredtoaddto the pricethereo somuch money as will be equivalent to the duty so subsequentl imposed on said articles and not previously poi by the vendeo and shall be entitle by virtue hereofto be paid and to sue for and recover the some accordingly: Provided.That wherethe U.S. is the purchaser under such prior contraot. the certificate of the properofficerof the Dept by which the contract was made.showin. according to regulations to be prescribed by the SecyTreasury, the articles so purchased by the U.S and liable to such subsequentduty shall be taken and received so far as the same is applicable. in dischargeof such subsequentduties on articles so contracted to be delivered to the U.S and Actually delivered accordingto such contract." the question was taken on the amendment is mo died; and it was disagreed to ayes 25. noes not counted.
Mr.STEVENS. I desire again to call the attention of the committee to the amendment which the Gentfrom Iowa [Mr. ALLISON] is willing to offer to the 14th section, striking out the word “penalties.”
Mr. ALLISON. I move to strike out the word “ penlaties” wherever it occurs in the 16 t section as modified. The amendment was agreed to.
Mr. SHELLABARGER. Iolfer the following as an additional section to the bill: Bro. Abife:. That in estimatinl I now offer the following If there is no objection, “ for taxation the value of all manufactures taxable i under the provisionsof this act.the HClllillcostto the mziiiiifacturerufnll iiiuiiiil xietiired articleswhich have already been fllllUUcltPtIto and paid a revenue tax and wlli.hluHUentered intUthe said manufactures shall be deducted from the taxable value of sueh amendment namely. the substitute: and the House mnniilzictures. The amendment was disagreed to.
Mr. MORRILL. I move that the committee rise and report the bill to the House with the amendments, and with the recommendation that it do ass.
Mr. ANCONA. I desire to offer an amendment.
Mr. MORRILL. I believe the bill has been read through and that I have a right to make my motion, and whether I have or not I hope gentlemen will no longer persist in offering further amendments.
The CHAIRMAN. The gentlemans motion is not in order as long as any member desires to offer an amendment.
Mr. ANCONA. I move to offer the following as an additional section: SEC. Abife:.That rhoprictors of grist and saw mills. doing customwork for tolls, &c shall not be held to be manufacturers under this act or the acts to which this is an amendment.unless their receiptsforsuch work exceed $1.090 as provided in the amendmenttoseotion79 by this act.
Mr. ROLLINS. In what part of the bill can the gentleman et in that amendment at this stage? The bil has been read through.
Mr. ANCONA. I offer it as an additional section.
Skip Skip The question was taken on Mr. ANCONAS amendment, and it was disagreed to.
Mr. MORRILL. I move that the committee rise and report the bill to the House with the amendments, and with the recommendation that the bill do pass. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported 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. 513, 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 had directed him to report the same to the House with sundry amendments, and with the recommendation that it do pass.
Mr. FARNSWORTH. I trust the Gentfrom Vermont [Mr. Monmnn] wilI yield to me for a moment. to offer an amendment in pursuance to a general understanding which was agreed to in ComWhole.
Mr. MORRILL. If there was such an understanding, of course I will yield; but I regret that I am oblied to do so.
Mr. FARN WORTH. I offer the following to come in as an additional section: Sso. Abife: That all assessors. collectors and revenue agents provided for by this act or the several actsof which this act history. nmenda shall be unpainted by the POTUS and With the advice and consent of the Senate: on the advice and consent of the Senate shall be given before any such officer shall be removed from office.unless such removal shall be for malfeasancein officeduring the recessof Congress.
The SPEAKER. That amendment will be rernrded as endiii.
Mr. MORRILL. I desire to offeran amendment in the nature of a substitute for the amendment adopted in ComWhole on motion of the Gentfrom Ohio, [Mr. SCHENCK] in relation to the tax on cigars, cheroots, and cigarettes, so that if his amendment is not concurred in the bill in that respect will remain as perfected in ComWhole.
The SPEAKER. The Chair supposes the Gentfrom Vermont [Mr. MOREILL] de sires to offer his amendment so as to have it acted upon under this rule, to be found on page 65 of Barclays Digest: “If the committee [of the whole] shall amend a clause and subsequently strike out the clause as amended.the 1st amendmenttherebyfalls and ean not be reportedto the House and voted on. So to if the committeeshall amenda bill everso much"And the same rule applies to a section or clause ofa. bill “and subsequentlyadopt a substitute therefor. tgs bill is to be reportedto the House with but a RIDIZIQ hasonly to choosebetweentheoriginal bill and subltitute." If, therefore, the amendment adopted in re. rd to cigars, &c., by the ComWhole on motion of the gentfrom Ohio [Mr. Seusx ex] should be voted dawn, then all the amendments which intervened would fall, and the section would stand in that respect as reported by the ComWays&Means.
Mr. MORRILL. What I desire is to offer an amendment to be voted on in case the amendment moved by the Gentfrom Ohio [Mr. Senses] should be voted down. The amendment I propose is as follows: On cigarettes or small ci ars. made of tobacco. inelosed in a wrapperor bin or and not over 3 and a half inches in length and cigars made With twisted heads. the market value of which (tax included) is not over 8 dollars per 1,000. a tax of 2 dollars per 1,000: when the market value is over 8 dollars and not over 12 dollars per 1,000.(tax included.) and on choroots and cigars known asshort sixes, and on any cigars. the market value of which (tux included) is not over 12 dollars per 1,000.a tax of 4 dollars per 1,000. Onall other cigars. eheroots and cigarettes.made wholly of tobacco or of any substitute therefor. a tax of ten dollars per 1,000.
The SPEAKER. That amendment will be regarded as pending, to be voted upon should the amendment reported from the ComWhole be voted down.
Mr. MORRILL and I offer the following amendment for a similar purpose in relation to the articles therein named: 0n reopen, mowers. threshingmachines. scales. pumps.garden engines.hydraulic rains, and wooden ware. a tax of 3%. advalorem.
Mr. SCHENCK. I desire to ask the Chair a question, in order to see if I understand the position of the amendment in relation to cigars, cheroots, &CAn amendment upon motion was adopted in ComWhole and has been reported to the House. The chairman of the ComWays&Means [Mr. llIonaiLL] now moves an amendment in place of the one adopted on my motion. Vt ich question will be 1st taken, on his amendment or mine?
The SPEAKER. The House, while in ComWhole, considered the clause in relation to cigars. cheroots, and cigarettes. The Gentfrom Ohio [Mr. SGHENCK] moved an amendment in the nature of a substitute for that clause. Pending that motion the ComWhole proceeded to perfect the clause upon the recommendation of the Committee of W ays and Means, and perhaps on motion of other members. After the clause had been perfected the substitute moved by the Gentfrom Ohio was adopted, striking out the clause as perfected. Now, should the amendment adopted by the ComWhole, on motion of the Gentfrom Ohio, [Mr. Seunse x] be voted down in the House, under the rule which has just been read the clause would be left to stand as reported by the ComWays&Means and not as perfected in ComWhole before the substitute of the Gentfrom Ohio was adopted. h
Mr. SCHENCK. Then, ifI understand the Chair, the whole matter may be simplified by the friends of this interest in the West voting down the amendment proposed by the Gentfrom Vermont Mr. MORRILI] and voting to sustain the amendment adopted in ComWhole on my motion.
The SPEAKER. The question will be 1st taken upon the proposition of the Gentfrom Ohio. Should thatbe adopted, no further question will be taken. Butif the amendment of the Gentfrom Ohio should be voted down, en the question will be upon the proposition of the Gentfrom Vermont, [Mr. winiiiian]
Mr. STEVENS. Then, if the amendment. of the Gentfrom Ohio [Mr. Soiiizxmi] should be sustained, the amendment of the Gentfrom Vermont [Ma Monmtn] would 9 out of the question. i
Mr. WILLIAMS. In pursuance of the agreement made in ComWhole, 1 offer the following amendment: In section65 strike out the words "SecyTreasury" where the 1st occur and insert in lieu therco the word “ resident; after the word “ant orizrd, ” in the 2nd line, insert the words "by and with the advice and consent of the Senate;" strike out "his" before "Dept" and insert in lieu thereof the words "the Trcasury:" so that the clauseW lllread: I i WTithhatthethmein President oinsse hnetroelbtyhcau Senate e.tdo, nbpypoamndt an officer in the Treasury Dept who shall be, nailed "Special ComrRevenue."whose o ce she.I terminate in 4 years from the passage of this act.
Mr. ROSS. I desire to ask the consent of the chairman of the ComWays&Means to have uvofe by yeas&nays on 2 amendments which were offered, but not agreed to, in ComWhole: one amendment with reference to the drawback on cotton goods, and the other reletin to the tax on whisky.
Mr. MORRILL. I cannot consent to that. I new demand the previous question on the bill and pending amendments.
Mr. SCHENCK. Our people do not apprehend there is any advantage in paying ten dollars 1,000on cheap cigars when only ten dollars is paid on high price cigars.
Mr. MORRILL. The argument or suggestion of the Gentfrom Ohio is without any real foundation, since by one of the amendments to the existing laws reported by the ComWays&Means we have provided a rate of 2 dollars 1,000only on all that description of cigars which can be made out of tobacco raised in that part of the country from which the gentleman comes.
Mr. STEVENS. I ask the Gentleman whether he deems it just that a cigar worth 20 dollars 1,000 should pay the same tax as a cigar worth $100 1,000.
The SPEAKER. The question is on the adoptionof the amendtnents made in committee. If there is no objection the vote will be taken on the amendments in gross except those apon which a separate vote is desired. The 1st amendment upon which a separate vote was demanded by Mr. MORRILL wasto strike outthe following proviso on page 16: Provided, That no appeal shall be allowed to any party after he shall have been duly assessed and the annual list containing the assessment has been transmitted to the collector of the district. The amendment was not agreed to. The next amendment on which a separate vote was demanded by Mr. Momma. was to strike out the following paragraph on page 65: 47. Miners shall pay ten dollars. Every person. firm or company, who shall employ others in the business of mining for coal or for gold. silver. cop per. lead.iron, zinc. spelter or other minerals. not having paid the tax therefor. asa manufacturer and no other shall be regardedas a mine runder this act: Provided. That this shall not apply to any miner whose receipts as such shall not exceed.annually. The amendment was not agreed to.
Mr. GRISWOLD. Mr. Speaker, the House did not understand the question. Several MEMBERS. Too late.
Mr. GRISWOLD. The report of the committee was not confirmed by the vote of the House. v
The SPEAKER. It evidently was not by a large majority. The gentleman can mom to reconsider.
Mr. STEVENS. I move to reconsider the vote by which the House refused to strike out the section.
Mr. GARFIELD. I move to lay the motion to reconsider on the table.
Skip Skip The question being taken on the latter motion, there were ayes 69, noes 40. Mr. BIDWELL demanded the year and nays. The ons&nays were not ordered. Mr. IDWELL. I demand tellers on r dering the yeas&nays. " Tellers were refused. Mr. BIDWELL. I demand tellers on the motion to lay on the table the motion to reconsider. Tellers were again refused. The motion to reconsider was laid on the table.
The Clerk read The next amendment on which a separate vote was demanded by Mr. Monuiu. was to insert alter the word "correct" on page 90, line 1770, the following: Provided, That journeyman cigarmakers and apprentices whoWork for others shall not be in clgifed in this provision.
Skip Skip he Question being taken on the amendment, there were ayes 47, noes 46. Mr. MORRILL demanded the yeas&nays. The yeas&nays were ordered. The question being taken, it was decided in the aflirmative yeas 63, nays 60, not voting 60; So the amendment was agreed to. During the rollcall, Mr. ONEILL stated that his colleague. Mr. MYiziis. was absent on account of sickness in his family. If he had been present he would have voted “ ay." The result was announced as above recorded. The next amendment on which a separate vote was demanded by Mr. MOItlill.L was to strike out on page 90, line 2012, the words “ not otherwise provided for.”
Mr. MORRILL. That was stricken out by mistake. I hope it will be allowed to remain. The amendment was disagreed to. a The next amendment reserved by Mr. Mon mu. was on page 84, lines 1862, 1863, and 1864, to strike out the following: and gase ompaniesare hereby authorized to add I the tax imposed by law to the price per 1,000 cubic feet on gas sold. The amendment was agreed to ayes 73, noes not counted. 7 The next amendment reserved by Mr. MORRILL was to strike out on page 80, line 2001, the words “reapers, mow ers, threshing machiucs, corn shellers, wooden ware.”
Mr. ROSS. Does that exempt or subject them to taxation?
The SPEAKER. If it is stricken out it exempts them from the tax of 3%.
Skip Skip The question being taken, there were ayes 75 noes 40. Mr. MORRILL demanded the yeas&nays. The yeas&nays were Ordered. The question was taken; and it was decided in the affirmativeyeas 68, nays 53, not voting 62; So the amendment was agreed to.
Mr. MORRILL. I desire to have the unanimous consent of the House to have one article placed on the free list. I accidentally omitted it this morning. If there is any objection to it, I will withdraw it. It is to insert in the free list the words “bunting, and flags and banners made of buntin of domestic manufacture.”
Mr. FARQU AR. I object. FREEDMENS AFFAIRS.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep: In comliance with the resolution of the HoRep of the 21st instant, I transmit herewith a report from the SecyWar, with accompanying papers, in ref erence to the operations of the Bureau of Ref ugees, Freedman, and Abandoned Lands and RE“! JOHNSON. WASHINGTON, D. 0., May 25, 1866. The message. with the accom saying ps pets, was laid upon the table, an ordered to )e printed. MAIL SERVICE WITH BRAZIL.
The SPEAKE R also, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep: I transmit herewith a report from the PostMGenl made in answer to the resolution of the HoRep of the 14th instant, calling for information relative to the proposed mail steamship service between the U.S and Bram. AndrewJohnson. WASHINGTON, D. (3., May 24, 1866. The message, with the accompanyin report, was referred to the ComPostOffice, and ordered to be printed. TAX BILL AGAIN.
Mr. FARQUHAR. I withdraw my objection to the amendment pioposed by the Gentfrom Vermont [Mr. MORRILL] Idid not understand what the amendment was.
Mr. MORRILL. I modi the amendment so as to read, “hunting and nus of the U.S and banners made of domestic manufacture.” The amendment was agreed to.
Mr. MORRILL. There is a verbal amendment necessary. The committee havingplaced “brooms” on the free list, I move to strike out the word “brooms” where it occurs on page 89, line 2002. he amendment was agreed to. The next amendment upon which n separate vote had been demanded by Mr. Moiiiiiu. was the following, to strike out the follownig clauses:, 0n cigarettes, or small cigars. made oftobmccti.in closed in a wrapperor binder, and not over 3 and a hallincliesiii length. themarketvalue of wh ch (tux included) is not over 6 dollars per a tax of 2 dollars per 1,000: when the market value is over in: dollar! and not over ten dollars per 1,000, (tax included.) and on cheroots.andeizgul known pass ort sixcs and on an cigars made will or without pastedor twisted he, themarket value of which (tax included) is not over ten dollars per 1,000. a tax offour dollars per 1,000. On all other cigars. cheroots and cigarettes, made wholl of tobacco, or of any substitute therefor, a tax O ten dollars per 1,000. " and insert in lieu thereof as follows: if 9:2 On cigarettes, or small ci ors. made of tobacco, inclosod in u wra peror bin or, and not over 3 and a hallinchesinion th and on cigars madewith twisted heads and on O createand on cigars known asshort sixes, the market value of which is not over 8 dollars per 1,000, a tax of 2 dollars per 1,000. On all other cigarettesandeigars the market value of which is over 8 dollars and not over 12 dolhltrs per 1,000, a tax of 4 dollars perthou sen. On all other cigarettesand cigars a tax of 4dollars per 1,000, and in addition 40%. advalor among the value beyond 12 dollars per 1,000. to be assessedon the excess beyond 12 dollars per 1,000.
Skip Skip Mr. TAYLOR demanded the yeas&nays O agreeing to the amendment. he yeas&nays were not ordered. The amendment was agreed to ayes 64, noes 40. Mr. PAINE mtRtv the amendment was agreed to; upon the table. Agreed to. The next amendment upon which a separate vote was demanded by Mr. MORRILL was in regard to smoking tobacco. to amend the clause so that it will read as follows: On smoking tobacco of all kinds, not sweetened nor stemmed nor butted, including that made of stems or in part of stems, and imitations thereof, a tax of ten cents perpound.
Skip Skip The iiestion was taken; and there were, upon a division ayes 37, noes 62. Before the result of the vote was announced, Mr. SCHENCK called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 54, nays 67, not voting 62; So the amendment was not agreed to. The next amendment upon which Mr. Mon mu. demanded a separate vote was to insert the words “ corduge and rigging for vessels” after the word “sails, ” in the iollowing clause in the free list: “sails, tents, shades, awnings, and bags made by sewing or pasting.” The question was taken; and there were, upon a ivision ayes 38, noes 04. Before the result of the vote was announced, Mr. BLAINE called for tellers. Tellers were ordered; and Messrs. BLAINE and THAYER were a pointed.
Mr. PIKE. I understand that the objection of the ComWays&Means is to the word “rigging.” I therefore ask that the word “rigging” be stricken out by unanimous consent.
Mr. THAYER. I object; I think there is as much objection to placing cordage on the free list ast ere is to placing rigging on that ist. The House divided; and the tellers reported ayes 51, noes 61. So the amendment was not agreed to. The next amendment upon which Mr. Mon RILL had demanded a se nrnte vote was the following offered by Mr. Wimniiiis, in section 65to strike out the words “ SecyTreasury, ” in the 1st sentence, and insert the word “Bresident 5" insert the words “by and with the advice and consent of the senate” after the word “ authorized;” and strike out the word “his” and insert “the Treasury;” so that the sentence will read: That the Bresident is hereby authorized. by (ml with the advice and oonsont of the Senate.to appoint an officer in the Treasury Dept who shall be at led “Special ComrRev.” whose office shall terminate in 4 years from the passageof this set.
Mr. FARNSWORTH called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 51, nays 75, not voting 57; So the amendment was not agreed to. The next amendment was the following, on which a separate vote had been demanded by Mr. ALLISON: 9 On page 14.at the and of linc 122. insert the following: When the assessor lS.reqllll0d or compelled to travel to make examinations asprovided in this section ho shall be allowed mileage and his necessary and propertraveling expenses. The costs for the attendance and mileageof Witnesses shall be taxed by the assessorand paid by the delinquent parties or otherwise by the collectorof the district on certificate of the assessor.at the ratq usualy allowed in said district for witnessesin district courts of the U.S. The amendment was not agreed to. The next amendment was the following, on which a separate vote had been demanded by Mr. Hoorsa, of Massachusetts: In section 20 two.at the commencement of lin. 11. insert “and all bonded warehousu The amendment was disagreed to. The next amendment was the following, on which a separate vote had been demanded by Mr. PRICE: Amend the paragraph relating to the onehandled and 8sent sectionof the presentlaw by adding the followm: Provided yimher.That the list of incomes in the officesof the assessorand collector shall be open to the ins action of the public: but neither the assessor nor colsotor shall furnish such list or any portion tchoeprieeodffofor rpublication on. nor permit the same to be
Skip Skip On agreeing to the amendment there were ayes 53, noes 46. Mr. SLOAN called for the ess&nays. The yeas&nays were ordered. The question was taken; and itqas decided in the ne ative yeas 55, nnys "66, not voting 62; So the amendment was not agreed to. Mr. PRICE mtRtv the amendment was disagreed to; an also moved that the motion to reconsider he laid upon the table. Th. latter motion was agre q are The next amendment on which itseparrate vote was asked was the following, moved by Mr. FARNSWORTH: Abife:.That all assessors.collectors and revenue agents provided forby this not or the several acts to which this act is amendiitory shall be appointed by the POTUS with the advice and consent of the Senate: and the advice and consent of the Senate shall be given beforeany such oflioer shall be removed from ofilce.unlm such removal shall be for malfeasance in offico during the recessof Congress.
Skip Skip Mr. ELDRIDGE demanded the yeas and xtor Beam, W Ql an s. The yeas&nays were ordered. The question was taken; and it. was decided in the negative yeas 57, nays 66, not voting 60; So the amendment was disagreed to. The remaining amendments of the ComWhole on the state of the Union were then concurred in enmasse.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question recurred on the passage of the bill. Mr. ELDRIDGE demanded the years and an s. [be House divided; and there were ayes 13; not a sufficient number. Mr. ELDRIDGE demanded tellers. Tellers were ordered; and Messrs. ELDRIDGE and GARFIELD were appointed. The House again divided; and the tellers reported ayes 25. So (more than one 5th of those present having voted in the affirmative) the yous&nays were ordered. the question was taken; audit was decided. in the a rmative yeas 110, nays 11, not voting 62; So the bill was passed.
Mr. GARFIELD. I move to amend the title by inserting after the word “bill” the words “to reduce internal taxation and, ” so that it will read: A bill to reduceinternal taxation and to amendon not entitled " An act to provide internalrevenue to s uport the Government.to payinterest on the public cbt and for other purposes."approved June 30., and actsamendatorythereof.
Skip Skip The amendment was agreed to. Mr. MORRILL mtRtv the bill was passed and the title amended; on the table. Agreed to. POST ROAD my DELAWARE.
Mr. NICHOLSON, by unanimous consent, a dire, arusworth, elano. Dixon. l introduced ii bill to establish a post road in the State of Delaware; which was read a lirst and 2nd time, and referred to the comPostOffice. MAJOR BREWSTER. On motion of
Mr. SCHENCK, leave was nted to withdraw from the files of the House the petition and accompanying papers of major rewster, asking for relief. ABELARD ourmmc. On motion of
Mr.n SCHENCK, the papers in the case of Abelard Guthrie were withdrawn from the files of the House and referred to the ComClaims. TAK. BILL FLOAIN.
Mr. MARSHALL. I desired to present some remarks before the passage of the tax bill. I ask leave to print t iem. No objection being made, leave was accord in l granted. His remarks will be found in the Appendix.] DISBURSING and ACCOUNTING osrienns.
Mr. WILSON, of Iowa, by unanimous consent, introduced a bill concerning the powers and duties of disbursing and accounting officers of the U.S.; which wasread a 1st and 2nd time, and referred to the ComJudiciary. MARY c. HAMILTON.
Mr. LAWRENCE, of Pennsylvania. An adverse report was made by mistake on Senate bill No. 56, granting a pension to Mar C. Hamilton. I ask unanimous consent to have it recommitted.
Mr. ELDRIDGE. Iohject. czacmr COURT only THE DISTRICT.
Mr. WOODBRIDGE. I ask unanimous consent to report back, from the ComJudiciary Senate bill No. 184, to define more clearly the jurisdiction and powers of the circuit court of the DistCol. No objection was made.
Mr. HAYER. I move that the House adglhpeurnm. otion was agreed to; and thereupon (at 4 oclock and 55 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnasnsir, May 29, 1866. Hi: Prayer by the Chaplain, Rev. E. H. GnsY. The Journal of yesterday Wfff.ehaga and approved., 5, reason“. EXPLANATION.
Mr. LANE, of Kansas. Mr. President, no man of my age has suffered more than I have from newspaper assaults and from reporters from this city. From 1856till now I have been the subject of constant assault from the Democratic papers throu bout the country from one extreme to the other. For the last month I have been the subject of assault from the papers of my own party; and in their assaults they have out Heroded Herod; they have one beyond their illustrious predecessors. On ab bath morning my attention was called to an imputation, conveyed by innuendo and indirection, in the Boston Commonwealth, purporting to come from some writer in this cit. I immediatel telegraphed to the editor of that paperfor the name of the author, and yesterday wrote to him on the same subject. As yet I have not learned the name of the author. When I obtain his name I may again trouble the senate, and will adopt such a course as, in in judgment, the dignity of the Senate, the fair fame of in State, and my own selfrespect demand or the present, I content myself by sayingI to my fe low Senators and to the country that the imputation contained in that paperis without the slightest foundation; it is a baseless calumny.
The PRESIDENT protemporc. Does the Senator state the petitioner to be a subject of the kingdom of spain!
The PRESIDENT protempore. Under the rule and practice of the Senate, a petition from a foreigner cannot be received.
Mr. JOHNSON. The petitioner does state that he is a subject of Spain, but he was told, by the SecyTreasury that there was no relief for him unless an act of Congress should be passed. I suppose that although he is a subject of Spain, as the duties exacted were exacted upon an importation under the revenue laws of the U.S., his memorial praying for relief may properly be presented. If the rule is otherWise, I will send it to the State Dept and have it presented in that way.
The PRESIDENT protempore. The Chair believes the uniform practice of the Senate to be as he has stated.
Mr. SUMNER. May I call the attention of the Chair to avery importantcase thatoccurred, now many years ago, on the presentation of a petition from the authors of England in favor ofun international copyright?
Mr. SUMNER. It was presented by Mr. Clay, and explained and maintained by him, I think, in a speech of some length. It was signed by nearly all the authors of England, and, according to my recollection, at the time there was no objection to it on the ground that they were foreianers. I merely call attention to it as a rece ent.
Mr. JOHNSON. I should suppose such a polition could be presented as a matter of course, unless there be some positive rule, on the subject. flie PRESIDENT protempore. The Chair will have the Journal of 2 years since read in a moment. It has been sent for.
Mr. JOHNSON. I will not ask that business be delayed by this matter. It can be passed over for the present, until other business is acted u ion. The PRESIDENT protempera. It will be laid aside for a moment.
The PRESIDENT protempore subsequently said: With the permission of the Senate the Chair will read. in connection with the petition introduced by the Senfrom Maryland, from the Journal ofhlonday, January 26, 1863: 1Mr. Fosrnit presenteda letter signed bi certain British psubiccis. citizens and residents of alland, requesting the aid of the peopleand the Government of the U.S. for the purpose of facilitating emigration to the U.S and moved that it be referredto the ComMilAffrs . " Ihc{ics Passinsxr decided that the communication being signedby the subjectsofa lorcizu goveriiiieut. it.was not in order to presentit to the Son am.
Mr. JOHNSON. I am not sure whether that would apply to the case which I prepose to present. This gentleman was the consignee, as he states in his memorial, of a cargo shipped at Havana, for which he paid the duties, as consignee, that were then exacted. After an interval of some 6 or 7 years the reve nuc officers discovered, as they supposed, and no doubt correctly, that they had not charged him the amount of the duties that the cargo was liable for, and made him my the difference bulweeu what he had paid antlwhat he ought to have been charged with, 8624. He states that he was the consignee of a mixed cargo, which is now scattered. He has applied to the Treesury Dept, having paid the additional duty, and the Secretary tells him that he can grant him iio.relief withontan act of Congress. t is a claim. therefore, rather on the Treasury than on the Government, for the fund money which he so 5 the Government has illegally received. The Chair will, however, decide I whether it falls within the principle of that decision.
The PRESIDENT prolemporc. In the opinion of the Chair, it does. It would certainly be the desire of the Chair to entertain the largest liberty in regard to the reception of petitions, both from natives and foreigners, but the Chair feels bound by that decision.
Mr. JOHNSON. Was that before or after the case referred to by the Senfrom Massachusetts?
The PRESIDENT protempore. it is since, 3 years ago. There are many other cases, in the opinion of the Chair. The VEEP, at that time, suggested that it was the uniform practice, and that the rule had often been enforced.,
Mr. CONNESS. I ask the consent of the Senate to introduce a bill.
The PRESIDENT protempore. Previous to passing from this subject. the Chair would certainly prefer that it should be decided by the Senate, if there be any question about it. The Chair is very desirous that no petition to the body should be ruled out in consequence of any opinion of his that is not perfect y well established by former precedents. No motion being made on the subject, the Chair will receive the bill of the Senfrom California. iiiLLs INTRODUCED.
Mr. CONNESS. I will state in connection with the bill which I am about to present, in order that it may be read a 1st and 2nd time and then laid upon the table and printed, that it is a bill relating to the quieting of titles to lands in California, a subject of great importance to us and upon which there have been several bills already presented. This one, I wish to observe, has been prepared by the snr veyor general of California, and thereforeI am not prepared to indorse it, but I wish it introduced and printed. There bein no objection, leave was granted to introducet e bill (S.No.343) to quiet land titles in California; which was read twice by its titlp, laid on the table, and ordered to be inie.
Mr. LANE, of Kansas. By request, I ask leave to introduce a bill without previous notice. There being no objection, leave was granted to introduces bill (S.No.844) donating public, lands to the several States which may provide agricultural colleges for the education of persons of African dese ent; which was read twice by its title, and referred to the ComPubLands.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.846) to amend section 7 of the naval appropriation bill, approved March 3, 1845; which was read twice by its title, and referred to the ComNavAffrs. PAPERS WITHDRAWN. On motion of
Mr. LANE, of Indiana, it was Ordered. The} Mary K. Smith have leave to with draw her petition and other papers praying fora pension from the files of the Senate. On motion of
Mr. HENDRICKS, it was Ordered, That the petition and other papers in relntion to the claim of Philip Lansdalc. surizeon U.S. Navy. be taken from the files of the Senate and referred to the ComNavAlfairs. REPORTS OF COMMITTEES.
Mr. RAMSEY, from the Committee on revolutionary Claims, to whom were referred the petition and other papers of the heirs of John enmun and George ownlcy. praying for compensation for cattle furnished to the American Army during the revolutionary war, submitted an adverse report thereon, and asked to be discharged from its further consideration; which was agreed to. IRA B. CURTIS.
Mr. DAVIS. I am instructed by the ComPensions, to whom was referred the petition of citizens of Decatur, Illinois. praying that a pension be granted to Ira B. Curtis, to report a bill for his relief. As this report has been postponed to the p esent time, when it should have been made before, I ask for the present consideration of the bill. as the matter is a very plain one. By unanimous consent the bill (S.No.342) for the benefit of Ira B. Curtis, was read 3 times and passed. It is a direction to the SecyInterior to place Ira B. Curtis on the pensionroll as a surgeon wholly disabled in the service, at the rate of 17 dollars permonth, commencing February 28, 1866. REFERENCE OI“ A BILL.
Mr. SHERMAN. I have been requested by a citizen of the District to ask that the bill (Hy. It. No. 001) to grade East Ca itol street and establish Lincoln square, which was referred to the ComPubBldg and Grounds, be taken from that committee and referred to the ComDistCol, to which it properly belongs. The chairman of the ComPubBldg and Grounds [Mr. BROWN] is absent, and I make the motion. The motion was agreed to. BRIDGE AT WINE NA.
Mr. NORTON. I move to take up Senate bill No. 263. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.263) to authorize the Wine na and StPeters Railroad Company to construct a bridge across the Mississippi river and to establish a post route.
The PRESIDENT protampon. The bill has been reported to the Senate, and the question is on concurring in the amendments made as in ComWhole. The Senfrom Missouri [Mr. Hsxnsizsox] moved an amendment to the amendment made as in ComWhole to the 2nd section of the bill, which Will be read.
Mr. NORTON. I do not desire to open the discussion upon this subject a sin, as the matter was thoroughly discusse on the bill for the construction of bridges at Quincy and at Hannibal; and unless the Senfrom His sourican give some reason to the Senate why a discrimination should be made against this bridge, I can see no good reason why the amendment should be adopted. Ihe prov ision proposed to be stricken out is identical With the provision in the bill authorizmg the construction of bridges at Quincy and at Hannibal. I hope the amendment will not be adopted.
Mr. RAMSEY. The Senate will remember that the bills for the other 2 bridges which have been authorized by previous legislation here, the one at Hannibal and the one at Quincy, were in the alternative, authorizing a bridge either with a draw or with a cOntinuous span. Now, while I agree very much with what the Senfrom Missourihas said in regard to the bridging of the Mississippi river, I see no reason why there should be any discrimination against this bridge at Wine na. It has been hinted that the legislation already passed here will not meet with success in the other House. Then let this bill go into the lame basket and fail with them, and the whole legislation on the subject.of bridges depend on the report of the commission of engineers that maybe authorized; butl can see no reason why the Senate should discriminate against this bridge and change the alternative allowed in the other cases to positive legislation compelling the company to build a bridge of a continuous s an.
Mr. HENDERSON. I will state that I do not wish to discriminate against this measure; but I failed to have a vote on the yeas&nays in the Senate upon the proposition of building drawbridges on the other bill; it was over looked when the bill was reported to the Sea ate. I will state to the Senfrom Minnesota that the bill as we passed it in this body I am satisfied will not pass the HoRep. I am pretty well satisfied of 1. 1:11;. It will come back to be acted upon in this body. There is but little doubt about that. The probability is that it will not be passed at all; that nothing more than the proposition made by the Senfrom Minnesota himself to have a survey of the Mississippi river and a report to us at. the next session will be agreed to at this session nothing better or nothing worse than that. Iam perfectly sure that he need have no fears about the bill in its present shape oing through the HoRep. do not believe that it will. If it is passed at all, it will be passed with amendments which will bring it. back; and then I desire to have the very same vote upon that proposition that I have offered here. That is all desire.
Mr. GRIMES. If this was aquestion solely as to the construction of a bridge across the Mississippi river where it bounds the States of Wisconsin and Minnesota I should have nothing to say on the subject, but I understand the Senfrom Missourito say that he desires this to be a test. vote on thisquestion as to whether the Mississippi shall be ridged at all or not.
Mr. HENDERSON. Oh, no; the water has risen.
Mr. GRIMES. Then it has risen in 3 days. I know it has been high. The June freshet of which the Senator speaks is a June freshet on the lower Mississippi, but we have our rise in the month of May, which has alread gone by, and I suppose it. has gone by in h innesota some 2 or 3 weeks already, and the water is low. I do not know whether this company is prepared to go on and build this bridge, but I know that they are prepared to go on and build the bridges across the mississippi river below, and the postponement of this subject for 12 months will be of very considerable detriment.
Mr. HENDERSON. No, 106 feet on each side of the pivot.
Mr. POMEROY. I am not talking about this bill, but I am talking of the bill we passed for bridging the Ohio river at Steubenville. But a pace of 160 feet on each side of the pivot makes the draw 320 feet. That is altogether too long. The time is coming, and I think has already come, when the commerce of the rivers must give way to some extent and be discommoded by the commerce of railroads. They take the great bulk of the travel and business of the country now, and it is as much our duty to provide fiir this class of commerce that goes across the country as it is to keep the river clear. The river, to be sure, is a natural chan nel, but it has no more claims on Congress or the country or mankind than these artificial channels have; and to embarrass a company with such a kind of bridge that they cannot build it, and that is not good for anything when it is built, is such unfriendly legislation that we ought not to encourage it. ieshould extend the greatest poSsible facilities for bridging these streams everywhere; and the only pro vision of law I want on the subject is precisely that contained in the Pacific railroad act. Let the companies themselves judge of the character of the structure. Let them be allowed to build it where they have to cross a stream, and only require them not to obstruct the navigation of the river more than such structures necessarily do. That is the language of the law in regard to bridgin the Missouririver.
Mr. GUTHRI. Mr. President, my impression is that all these bridges on the Missis sippi and Ohio rivers should be built without a draw. When we wanted to build a bridge at Louisville, Congress required it to be 90 feet above lowwater mark. We applied to congress for liberty to build it with draws, and that privilege was granted at.the last session. I put the matter immediately into the hands of an engineer to ascertain the difference between the cost of a bridge with and a bridge without draws, and the advantages of the 2 methods. My engineer reported to me that it would be cheaperand better to build it without draws. I have great confidence in his judgment; I have built several bridges of his drafting.
Mr. POMEROY. What was the length of draw required in the law 2 That was the obstacle.
Mr. HENDERSON. 150 feet in the Ohio brid es.
Mr. POMEROY. but the bridge would have to be twice that length and that would make it 300 feet.
Mr. HENDERSON. But there is a pivot pier in the center of it. The passage way is only 150 feet. The pivot rests on a small ier.
The PRESIDENT protem ore. The moming hour having expired, it ccomes the duty of the Chair to call up the unfinished business of yesterday, which is House bill No. 11, to facilitate commercial, pests], and military communication among the several States, upon which the Senfrom Maine [Mr. MORRILL] is entitled to the floor. ORDER 0]."BUSINESS.
Mr. HOWARD. I hope the Senate will postpone the consideration of the order of the gay and take up House JtResolution No. 127, proposing an amendment to the Constitution of the U.S. Sam M
The PRESIDENT protempera. Senator make that motion?
The PRESIDENT protempore. It is moved that the present and all prior orders be post poned, and that the Senate proceed to the consideration of the house resolution to amend the Constitution.
Mr. CHANDLER. I will ask that the am finished business, which comes up at this hour, be postponed to and made the ecial order fur tomorrow at. one oclock. course, I do not wish to antagonize it with the motion of my colleague.
The PRESIDENT protempera. Does the Senator move that as an amendment to the motion 1
The PRESIDENT protempore. The Chair, then, will put the whole question as one motion. It is moved thatthe presentand all prior orders be postponed, and that the Senate now proceed to the consideration of the House resolution indicated by the Senfrom Michigan, and that the present order be postponed until tomorrow at one oclock and made the special order at that time.
Mr. HENDRICKS. I believe there wasa special order for today at one oclock y made sometime last week the Colorado bill.
Mr. HENDRICKS. I did not know that the bill of which the Senfrom Michigan [Mr. CHANDLER] has charge was the unfinised business upon the adjournment of the Senate yesterday afternoon. I thought it was laid aside and the Senate proceeded to other business, and therefore" it was not the business before the Senate at its adjournment, and Does the Gentfrom Illinois. that the special order naturallyhhme up thil mornin.
The PRESIDENT protempore. As the Chair understandathe Senfrom Maine was broken off in his speech by a motion to go into an executive session. Some other and informal business was received by the unanimous consent of the Senate, but that bill was the unfinished business of yesterday, and that, by the rule of the Senate, takes precedence of a special order assigned for the same hour; so that the unfinished business of yesterday, House bill No. 11, is in order at the present time. The Senfrom Michigan moves to postpone that bill until tomorrow at one oclock, and to make it the special order for that time, and to proceed with the House resolution proposing an amendment to the Constitution of the U.S.
Mr. HENDRICKS. The special order, I believe, was fixed by a two thir s vote; can it be overridden by a majority vote?
The PRESIDENT protempore. The question is not presented in that form precisely.
Mr. HENDRICKS. That is the effect of the motion. 41
The PRESIDENT protm on. By the rule of the Senate, the unfinishe business takes precedence of a special order fixed for the same time.
Mr. HENDRICKS. I am aware of that fact". I have no objection to taking the vet. on post onin the bill which is the unfinished business; at the motion to postpone the special order ought to be a separate vote by itself, because that special order for one oclock today was made a 2/3rds vote of the body. The effect of this motion is to reverse the action agreed upon by a 2/3rds vote by a majority vote. Therefore I ask that the question shall be divided, and the vote 1st taken on the motion to 0st one the present order.
Mr. TRUMBULL. he Senfrom Indiana, I rehend, is discussin a question not before the Senate. The specia order is not before the Senate at all, and cannot come up except by unanimous consent. We have under consideration the unfinished business of yesterday. The SenfromMichigan makes a motion to postpone that and all prior orders for the purpose of taking up a particular subject. here can be butone subject before the Senate at a time, and that is now the question.
Mr. CHANDLER. With the consent of my colleague I will ask that the bill which is the unfinished business be laid over informally, so that he may call up his Jtresolution. 1
Mr. HENDRICKS. Then if the proposition of the Senator (tom Michigan is agreed to, that is, that the unfinished business e post ned by unanimous consent for the present, presuine the special order is before the body.
The PRESIDENT protempore. It is so. Does the Senfrom Michigan withdraw his motion to eat one? I"
Mr. CHANLER. Yes, sir, he does; and I ask that the unfinished business be laid aside informally for the purpose of allowing my colleague to take up the JtResolution he has indicated. “l
Mr. TRUMBULL. If the Senfrom Michigan withdraws the motion, I renew it. I move that the unfinished business of yesterday and all other business be stponed for the purpose of proceeding with the JtResolution indicatedby the Senfrom Michigan who made themotion. 0ll
Mr. HOWARD. I did not intend to be understood as withdrawing my motion to post pone all other business.
The PRESIDENT gro tempera. The motion is still before the ody, made by the Sena
Mr. HENDRICKS. Then I ask for a divis.ion of the question, that a vote be taken upon the proposition to postpone and then a separate vote on the business that shall occupy the attention of the Senate after that postponement. I make the point that the special order bein established a 2/3rds vote, it cau not 9 postponed ya majority vote toils” plum to ano the r piece of business.
Mr. CHANDLER. I will then renew my motion, that the unfinished business be postponed until tomorrow at 2 oclock.
The PRESIDENT o tempers. The motion of the Senfrom line is lS that the present and all prior orders be postponed, and that the Senate proceed to the consideration of the resolution from the HoRep proposing an amendment to the Constitution of the U.S. That is now the motion before the Senate. The motion was agreed to. RECONSTRUCTION. The Senate, as in ComWhole, resumed the consideration of the JtResolution (H. ll. No. 127) proposirig an amendment to the Constitution of the U.S., the pendin question being on the amendment ollered by i
Mr. Johnson to strike out the 3rd section, in the following words: Sac. 3. Until the 4th day of July. in the year 1870. all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for Representatives in Congress and for electors for President and VEEP
Mr. HOWARD. I hope the vote will be taken on that motion.
Mr. JOHNSON. Is there anything proposed as a substitute for that section?
Mr. CLARK. Your motion precludes that now. You move to strike out, simply.
Mr. JOHNSON. I ask for the yeas and ways upon the amendment. he yeas&nays were ordered; and being taken, resulted yeas 43, nays 0; ABSENT 6. So the amendment was agreed to.
Mr. HOWARD, I now offer a series of amendments to the Jtresolution under consideration, which I will send to the Chair. Mr. FESSENDEN. Take them one section at a time.
Mr. HOWARD. I will state we briefly what they are. I propose to amen section one of the article 1) “ adding after the words section one” the following words, which will of course constitute apart of section one: I All personsborn in the U.S and subject (to lhejllllSdlOUODthereof are citizens of the U.S and of the Stateswherein they reside. The 2nd amendment
Mr. FESSENDEN. Let us take avote on the 1st one. t
Mr. TRUMBULL. The Senator had better state all the amendments.
Mr. HOWARD. The 2nd amendment is to amend the 2nd section by strikiu out the word “citizens, ” in the 20th ne, where it “ occurs, and inserting after the word male” the words “inhabitants, being citizens of the U.S. f and by inserting at the end of that section the words “any such State.” The 3rd section has already been stricken out. Instead of that section, or rather in its place, I offer the following: Sac. 3. No person shall be a Senatoror Representative in Congress or an elector of President and VEEP or hold any office. civil or military. under the U.S or under any State. who having previously taken an oath as a member O Congress or asan officerof the U.S or as I member ofany State Legislature or as an executive o r judicial oficer of any State.to support the OHSKHHLIQHOHHO U.S shall have engaged n insurrection or rebellion aiminst. the same or ven aid or comfort to the enemies thereof; but congressmay by a vote of 2/3rds of each House. V remove such disability. 4,; The following is to come in as section 4: 0! The obligations of the U.S. incurred in suppressinginsurrection or in defenseof the Union or for p out of bounties or pensions incident thereto shall remain inviclate. Section 4,as it now stands, will be changed to section 5, and I propose to amend that section as follows: strike outthe word “ already, " in line 34, and also the words “or which may hereafter be ineurr, ” in line 35, and also the words “ or of war” in lines 35 and 36, and insert the word “re ellion” in lieu thereof; and also strike out the words “loss of involuntary service or labor” in line 37, and insert “the loss or emancipation of any slave; but all such debts. obligations, and claims shall be forever held illegal and void.” After consultation with some of the friends of this measure it has been thought that these amendments will be acceptable to both Houses of Congress and to the country, and I now submit them to the consideration of the Senate.
The PRESIDENT protempore. The 1st question in order is the amendment proposed to the JtResolution by the Senfrom Ohio, win WarnL]
Mr. WADE. I ask leave to withdraw that amendment.
The PRESIDENT protempore. It is still in the power of the mover, and he can with dra it if he pleases. The amendment is with d Wu. The question now is on the amendents proposed by the Senfrom Michigan.
Mr. SAULSBURY. It is very well known lthat the majority of the members of this body (who favor a proposition of this character have: been in very serious deliberation for several days in reference to these amendments, and have held some 4 or 5 caucuses on the subjeet. Perhaps they have come to the conelusionamong themselves that the amendments offered are proper to be made, but this is the 1st intimation that the minority of the body has had of the character of the proposed change in the constitutional amendment. Now, sir, it is nothing but fair, just, and properthat the minority of the Senate should gave an opportunity to consider these amendments; and I rise for the purpose of moving that these amendments, together with the original proposition, be printe, so that we may see them before we are called upon to vote on them. Certainly there can be no graver question, no more serious business that can engage the attention of this Senate than a proposed change in the fundamental law.
Mr. FESSENDEN. I will say to the Senator that if any gentleman on that side of the Chamber desires that these amendments be laid upon the table and printed, there is no objeetion to that.
Mr. SAULSBURY. Then I willdefer any.further remarks, and make that motion.
The PRESIDENT protempore. It is moved that the amendments be printed and that the further consideration of e JtResolution be postponed until tomorrow. The motion was agreed to.
Mr. SUMNER. I wish to give notice of an amendment which at the proper time I intend vtooffer to Senate bill No. 292, entitled “ A bill to provide for restoring to the States latel in insurrection their full political rights." t isto strike out all after the enacting clause of the 1st section and to insert a section as a substitute which I ask to have printed.
The PRESIDENT protem ore. The proposed amendment will be run, if there. be no objection.
The Secretary read it, as follows: Strike out all after the enacting clauseof the 1st section of the bill and insert in lieu thereof the followmg: That when any State lately in rebellion shall have ratified the foregoing amendment apd shall have modified its constitution and laws in conformity thereWith and shall have further provuled that there shall be no denial of the elective franchise to citizens of the U.S. because of race or color. Ahned Sens&Reps farlobmefsourceht Shteatleawif ound duly elected and qualified. may. after having taken the rsqnirec oathspf office. he admitted into Congress as such; Provided. That nothing, ip this section shall hose construed as to require the disfranchisement of any loyal person wo is now allowed to vote.
Mr. SUMNER. I simply wish to have that amendment printed.
The PRESIDENT protempore. The order to print will be entered.
Mr. SUMNER. I also ask the unanimous consent of the Senate to introduce a bill of which no notice has been given, which Idesire to have considered in connection with the other measure, as it belongs to this group of reconstruction measures. There being no objection, leave was granted to introduce a bill (S.No.345) to enforce the amendment to the Constitution abolishing sla very by securing the elective franchise to colored citizens; which was read twice by its title.
Mr. SUMNER. I move that the bill be printed and laid upon the table. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had agreed to the amendment of the Senate to the bill (H.R.No. 459) granting a pension to Anna E. ward. The message further announced that the HoRep had passed the following bills of the Senate with amendments to each, in which it requested the concurrence of the Senate: Abill S.No. 184) to define more clearly the juris iction and powers of the supreme court of the DistCol, and for other purposes; and A bill (S.No.237) granting a pension to Mrs. Martha Stevens. PRIVATE CLAIMS.
Mr. CLARK. I ask that the Senate give me a little time on Friday next for the purpose of disposing of certain private claims, if ere be no objection.
Mr. FESSENDEN. I shall object to that unless the constitutional amendment is disposed of by that time.
Mr. CLARK. I will state that I will not antagonize them with the constitutional amendment, or a public necessity of that kind, but I should like to have an understanding that I may have an hour or so on Frida next for the consideration of private claims, if there is no other public business of pressing importance in the way. APPROVAL OF BILLS. A mes e from the POTUS, by.Coorna, his Seen, nnnounced that the POTUS had approved and si ed, on the 26th instant, the following not an JtResolutions: An act (S. No.318) to authorize the appointment of an additional Asst SecyNavy; A JtResolution (S.R.No. 74) providing for the acceptance of a collection of lants tendered to the U.S. by Frederick Pech; and A JtResolution S.R.No. 97) to authorizecertain medals to e distributed to veteran (soldiers free of postage. MARTHA STEVENS.
Mr. LANE, of Indiana. I move to take up Senate bill No. 287, gruntinga pension to Mrs. Martha Stevens, which has been returned from the HoRep with an amendment. The bill as it passed the Senate gave a pension of 20 dollars a month; the amendment of the House reduces it to 17 dol has a month, the amount allowed in the case of a 1st lieutenant., The amendment was concurred in. DISTRICT SUPREME COURT On motion of
Mr. WADE, the amendments of the HoRep to the bill (S.No.184) to define more clearly the jurisdiction and powers of the supreme court of the DistCol, an for other purposes, were referred to the ComDistCol. INTERSTATE INTERCOUBSE.
Mr. SUMNER. I now move that the Sen;te proceed to the consideration of House bill v0. 11. The motion was agreed toand the Senate,as in Committee ot the Whole, resumed the Consideration of the bill (H.R.No. 11) to facilitate commercial, postal, and military communication anion the several States.
The PRESID NT protempura. On this ailiesfltion the Senfrom Maine is entitled to c 00r.
Mr. MORRILL. When I gave way yesterday to a motion that the Senate proceed to the consideration of executive business, I had made up my mind that the Senate had perhaps been troubled with the consideration of this question about as long as it ought to be, and that though I consideredit a question of very great importance, I had on one or 2 occasions done enough to call the attention of the Son ateto the subject. I think that after so much I ought, perhaps, to content myself with recording my vote against the measure without trespassing longer upon the Senate; I will therefore make no further remarks.
Mr. CLARK. I move to amend the bill by striking outthe word “ connections” at the end of line 5 and the beginning of line 6. I make the motion because the word “ connections" in that part of the hill is ambiguous. It is explained as meaning a portion of the road; that is, the connections, the sidetracks, of the road; but it may have the meaning of other roads connecting with the road; and to prevent any such construction as that one railroad has a right to run over anotherroad connecting with it, I move to strike out that word “con nections, ” because if it can run over its own road, that means its entire road, the whole road.
Mr. CHANDLER. I see no particular objection to the amendment ifthe Senator insists upon it, butI can see no necessity for it.
Mr. SUMNER. I hope there will be no amendment to the bill. It has been thoroughly considered in the HoRep and in the Senate during severa sessions. It is very brief, quite to the purpose, and I do not think it nee s amendment. Certainly we cannot afford to strike anything out.
Mr. CLARK. Tim e who imon the Senfrom Massachusetts. c bill is truly very brief. The Senator says it does not need amendment. I think on the whole it does need it, and I should be glad to make it more acceptable. That was the occasion of my moving an amendment to it. I “ think the word connections” as there used is very objection able, and I hope that it will be stricken out. The amendment was agreed to.
Mr. CLARK. I propose to amend the bill further
Mr. JOHNSON. Will the Senator permit me to call his attention to a word in line 9?
Mr. JOHNSON. The honorable member has stated his reason for striking out the word “connections, ” in lines 5 and 6, and in that the Senate have concurred. It seems to me to be necessary also to strike out the word “connect, ” in the 9th line, for it goes on to say “ and to connect with roads of other States, so as to form continuous lines.” How is that to he done?
Mr. CLARK. I do not think it worth while to amend by striking out the words “to connect ” there, because if a road can connect with another I am willing that it should do so.
Mr. JOHNSON. I have no objection to that either; but suppose it cannot do so by its charter?
Mr. CLARK. I was about proposing this amendment to be added at the close of the bill: Nor shall it be construedto authorize any railroad to build any new road or connection with any other road. without ituthority from the State in which such Iron! or connection may be proposed.
Mr. JOHNSON. I have no objection to that. That will do. apfff": we w., o f Mr. CHANDLER. I he e that amendment will not revail. It is we 1 known that the State of ewJersey has refused not only to permit connections to be made, but to permit roads to carry freight or passengers within the State. The object of this bill is to control the commerce passing from one State to another. The State of NewJersey has seen fit to levy a tax upon the transit both of passengers and of freight through the State. She has assumed a power that we believe she does not possess; nor did she believe it, because in the very contract which she made in this railroad monopoly in NewJersey was a stipulation that in a certain event, to wit, in the event of Congress authorizing any other road or route, then the bonus which she was receiving from this corporation should cease and be void. The very object of this bill is to control the commerce nssing through any State; if you please, the State of NewJersey or any other State. The Constitution says that Congress shall have power to regulate commerce with foreign nations and among the several States. Now, if the State of NewJersey possesses the power to levy a small tax upon passengers an upon freight passing through the State, she has the power to levy a larger tax. If she can lcv ten cents on every passen or going throng she can levy ten dollars. We deny the power of a State to tax property in transit or passeners in transit through her borders. Now, sir, if this amendment. should revail, of course it would destroy the object of the bill. I hope it will not prevail.
Mr. CLARK. I did not so understand the object of the bill to be that if this amendment prevailed it would destroy it. The amendment simply is, that this act shall not authorize the buildin of a new railroad or connection of railroad within a State without its authority. Now, is the object of the bill, and the confessed object of the bill, to authorize anybody to build a railroad within a State without the authority of the State?
Mr. CLARK. Then the amendment does not destroy the object of the bill. I under stood the object of the bill to be to authorize the carrying of the mails and of freight on the railroads which are built, from one State to ther. That is avery different thing from teauthorization of the building of a railroad. Now, while it is entirely true, under the provisions of the Constitution, that you may reg ulate commerce between the States, or from State to State, I take it that does not authorize you to build the avenues of commerce. That is a very different matter; and to guard against any such construction of the bill, and to put it in such a shape that it might command some votes, I proposed this amendment. I do not desire to take up the time of the Senate in debating it. I ask for the yeas&nays upon it. The yeas&nays were ordered; and being taken, resulted yeas 24, nays 15, ABSENT I0. So the amendment was agreed to.
Mr. JOHNSON. I would ask the honorable chairman of the ComCommerce what was supposed by the committee to be the extent of the authority granted to these companies, which is given in the 8th line of the bill. Each of them is authorized to carry the mail, &c., and all property destined from one State into another State, “and to receive compensation therefor.” Is it intended to enlarge the rate of compensation to which they are limited by their respective charters?
Mr. CHANDLER. Does the Senator desire an answer now? in. JOHNSON. Yes, sir.
Mr. CHANDLER. The facts in the case are briefly these: in 1861 and 1862 the government was pressed for transportation; it could not transport tree a and supplies to a sufficient extent through the State of NewJer sey by the Camden and Amboy railroad; that company had not the capacity to do it; and a Government quartermnster impressed another railroad and passed over that road 17,248 men, and 649 horses, and 806,000 pounds of freight, and that company received compensation. The Government, in fact, took the road, because it required that road for its transportation. The Camden and Amboy ltailro Company sued that railroad company, and under a decision of the courts in ewJersey, compelled that company to play back every dollar of money received for the transportation of Government troops and sn plies, when they were actually forced by the government to carry them. The intention of this bill is to compel any State to permit the traffic of other States to pass through it, if there be an open channel. he State of NewJersey has discriminated in favor of her own citizens. She rmits her own citizens to take freight over tiis road and she will not permit the citizens of other States to do so. It is believed to bean unjust discrimination against the citizens of other States, and against the interests of the commerce of the U.S. We intend, in this bill, to open up channels of communication for trade between the several States. T but is the intention and meaning of it.
Mr. JOHNSON. With due deference to my friendfrom Michigan, I think he does not understand the question that I put to him. It is not whether one or the other railroad company is to receive compensation but it is as to the rate of the compensation. It maybe that under this bill any railroad company which may carry passengers, &c., “ on their way from any State to another State, and receive compensation therefor, ” may claim the right to charge just what they please. The question, therefore, which I propounded to the honorable member was, what was to be the rate of compensation; was it intended to free these comauies from the rates limited by their charters
Mr. CHANDLER. Not at all; it does not intend to interfere with them in that respect.
Mr. JOHNSON. So I supposed. then to make that plain, I propose to amend the bill by inserting after the word "therefor, " in the 9th line, the words “not exceeding the rates allowed by its charter.” I think there can be no objection to that. a
Mr. CHANDLER. I see no particular objection to that amendment nor do I see any necessity for it. Of course, these companies cannot charge more than their charters authorize them to charge. The amendment seems to me to be superfluous, and I would rather not have it on the bill. because it is not needed.
Mr. HENDRICKS. I wish the attention of the Senfrom Maryland for one moment. I do not understand the force of his amendment exactl. If the Statelegislation wasin the nature of proibition to a particular company to carry freight or passengers, what woui be the rate of compensation in that case? Or, suppose the State had failed to prescribe any rate of compensation, what then would it be I
Mr. JOHNSON. At the rate of similar services. This bill is intended to give the right, and I assume now that Congress has authority to pass the act. I do not propose to argue thatquestion; but, assuming the authority to be in Congress to pass the act, the whole effect of the amendment will be that the road is not to charge more than the same rate it is authorized to charge for similar services, or any services in carrying passengers or carrying freight.
Mr. CHANDLER. The State of NewJersey prohibits any but one road from transporting at all, and of course does not permit any compensation; and I am rather of opinion, on reflection, that the amendment of the Senfrom his land would have the effect to destroy the bill.
Mr. JOHNSON. That is certainly not my urposo. lf 1 had designed to defeat the bill, should have tried it by an open warfare and not by a guerrilla warfare. The honorable member might. as well n ply that suspicion to the member from NewHampshirc.
Mr. JOHNSON. “ Misery likes company.” [Laughter.] All I want to do is to guard against giving to these companies the right to c iarge whatever they may think proper, and to limit them to a charge in the nature of a quantum meniit. They are all now limited in their tolls, and the whole effect of the amendment is to say that for the duties they are to perform under this not they shall not exceed the rates of compensation fixed by the State law that is all; not to say that they shall not be compensated. To apply it to the case which the honorable member seems to suppose is the only case to which the bill applies but that is a great mistake, for it applies to all the roads in the country the Amboy railroad in NewJersey isauthorized to charges. certain rate of tolls for carrying passengers and for carrying freight; any other company there who may be authorized, if it connects with the Amboy road, to carry freight or carry passengers through, are to be limited to the same rate, or if the Amboy road is to take the freight and the passengers from the termination of the connecting road, they shall not be at liberty to charge more than their charters authorize. I assure the honorable member I have not the slightest desire to defeat the bill by any such movement as this. Skip Skip The question being put, there were, on a division a es 17, noes 14). Mr. colNESS. Let us have the yeas&nays. The yeas&nays were ordered.
Mr. HENDRICKS. I wish to suggest to the Senfrom Maryland that I presume no objection will be made to his amendment if he will add the words “in all cases where the State laws prescribe the rates.”
The PRESIDENT protempore. The amendment will be so modified.
Mr. STEWART. I do not see the object of the amendment. Of course we do not say in this law that these companies may charge higher than the rates allowed by the ir charters; and those laws of course would control in this matter. We have not undertaken to abrogate those laws by any language Ican see in this bill. There is nothing in this bill to be so construed.
Mr. JOHNSON. If that is so the honorable member ought to vote for the amendment so as to make it clear and certain.
Mr. JOHNSON. It may be contended, and has been contended, that Congress has the authority of itself to construct roads or to authorizeroads already constructed to carry on commerce between the States; and it may therefore be said that when Congress attempts to do that, and authorizes the charging of compensation without saying how the compensation may be regulated, they may charge whatever comen sation they may think proper toask an the public may be willing to submitto. The whole effect of the amendment is to limit them in their charges of compensation to the charges to which they are restricted by their respective charters.
Mr. EDMUNDS. [would like to ask the honorable Senfrom Maryland whether the charter of the Delaware and Raritan Bay Railroad Company I believe that is the name provides rates of toll which it is authorized by law to take.
Mr. CRESWELL. I judge it does for the purposes of the several roads of which that road is composed certainly for local purposes.
Mr. EDMUNDS. This bill provides, of course, for through transportation. It. has no effect to operate upon internal commerce, and Ought not to have any, because that belongs to I do not know. I never l the State; but for through transportation across one State, between 2 others, it does provide. Now, then, unless the charterof any road which may come within the provisions of this bill does provide rates of compensation, if the amendment which is proposed by the Senfrom Maryland is adopted the company Will be restricted to taking in effect no compensation at all, because it is limited to what is authorized by that particular State, and that particular State does not happen to authorize any. lf I understand the regulations in NewJersey, this particular line of road which it is sou lit to open to interState commerce has no awful authority at all for any price to carry through passengers and through freight, and it is de sired to give that lawful authority and to allow it to receive a reasonable compensation. I am very much afraid, indeed I are say it is not theobject of it that the adoption of this amendment would be the substantial defeat of the object which it is desirable to accomplish.
Skip Skip The question being taken by yeas&nays, resulted yous l7, nays 19; ABSENT So the amendment was rejected. The bill was reported to the Senate as amended, and the amendments made as in ComWhole were concurred in.
Mr. CItES WELL. I renew the motion which I made, and which was acted on yesterda in committee, when the Senate was not at all ull, which I deem important to this bill. It is to insert as a new section: Site.2. Abife: That Congress may at any time alter, amend or repeal this act. The only object of this amendment is to retain in the future the entire control over this system of legislation. We are about entering on a new field; we are not up rised as to what may be the precise results of this kind of legislation, how it may affect commerce, how it may affect the great railroad and transporting interest of the country, and this amendment simply proposes to retain in the hands of congress as against any interest, vested or otherwise, which may he created by this bill, the right hereafter to control it.
Mr. CHANDLER. I have not the slightest objection to the Senators amendment. I do not think it has any eiiect one way or the other; but I have no objection to it. Congress has the power which this amendment calls for, any way. he amendment was agreed to.
The PRESlDENT protempore. The question is, Shall the amendments be engrossed and the bill be read the 3rd time?
Mr. SHERMAN. I should like to have the bill read as it now stands amended. The Secrehry read it, as follows: Whereas the Constitution of the U.S. confers upon Congressin expresstermsthepower toreg ulute commerce among the several States.to establish post roads and to raise and support armies: Therefore, Be it rnncfrd.the"That every railroad company in the U.S. whose road is operated by steann its successors and assigns.be and is hereby.authorized to carry upon and over its road, bouts.bridges and ferries, all passengers .troops. Government supplies. mails. freight and property on their way from any State to number Stats and to receivecompensation therefor, and to connect with roadsofother Suitesso asto form continuouslines for the transportation of the sameto the placeofdestinntion: Provided.That this nutshell not affectany stipulation between the Government of the U.S and any railroad company for transportation or fares without compensation. nor impair or change the conditions imposedby the terms of any act granting landsto any such companyto aid in the construction of its rosd; nor shall it be construed to authorize any r:iilro nd companyto build any newmud or conception With any other roadwithout authority from lhe State in which such railroad or connection may be proposed. SEC. 2. Abife: That Congress may at any time alter. amend or repeal this not.
Mr. SHERMAN. Mr. President, I do not see any object whatever in passing this bill as it now stands. I have been disposed to vote for the bill and will do so yet, but I cannot for the life of me see now what power it would confer upon any railroad company. As I understand it now, the companies will have such power as the States give them, and no more. really do not see any object in passing the bill in that shape. If Senators can show me that this bill confers upon any existing corporation any right that it does not have under the State charter, I should like to know what it is. I am familiar with railroad chartersand railroad laws, and I want additional powers, if possible, conferred on certain railroad compa nies, so as to exedite the transportation of supplies and goo s from one part of the country to another. I am very much in favor of the object of the bill, but it seems to me that it has been so garbled and destroyed that it is now of no account.
Mr. MORRILL. The bill is undoubtedly shorn of one of its features, which was the objectionable feature to me. A company cannot do what was undertaken to be done by the bill originally without the consent of the State authorities. That was the chief objection to the bill in my mind. It can do now all thatit could have done before with the consent of the States. That is all there is of it.
Mr. SHERMAN. Could they not do this at any rate without this bill?
Mr. MORRILL. Without the consent of the States, of course there was no authority in the General Government by which the thing could be done at all.
Mr. SHERMAN. The Senator has examined the bill, and I ask him what power itgives to any railroad corporation not conferred by the charter of the State.
Mr. MORRILL. As against the State? by gin SHERMAN. Yes, and against any 0. Mk. MORRILL. As against the State, none at all.
Mr. CLARK. I cannot say what was de signed by the framers of the bill; but it seems to me that the bill now secures all that its friends say that it was intended to secure, that is, the right to carry freight, assengers, troops, Government supplies, mai s &c., over the road. That it does now. The amendment which was adopted on my motion simply pro vides that you shall not enter into a State and build a new road or a new connection without the consent of the State. I understood the object of the bill outside to be to authorize some railroad in NewJersey to carry freight mails, and supplies which now was prohibite from carrying them. If there is any force in such legislation, this bill now authorizes them to do thatjust as much as before the amendment was put there. The amendment has not touched the main features of the bill; it has simply put on it a guard that you shall not build a new road in any State without getting the consent of the State. It seems to me it has power enough, though some of its friends seem to think it has not.
Mr. CLARK. My amendment does not go that length. It simply provides that anew road or new connection shall not be built without the consent of the State.
Mr. SHERMAN. Then the object which I have in view and which the people of Ohio have in view in supporting this bi is confess edly defeated; that is, there is no way to aid any corporation or any individual in optttfllg new channels of intercourse from the West to the East.
Mr. GRIMES. DoI understand the Senator to say that he wants Congress toconfer on cororations the power to build railroads? Mr. SHERMA. If I had my way I would organize a corporation under an act of congress to build a line ofrailway in the most direct possible manner from the city of Washington to the city of NewYork, and from the city of Washington to the West, and as many of them as are necessary for military purposes.
Mr. GRIMES. If my opinion was that it would be to the advantage of the public and my own individual advantage to build a road in the State of Ohio within ten miles of and parallel with the Pittsburg, Fort Wayne, and Chica o railroad, ought the Government to do it? where is the line to be drawn between the case the Senator uts and the one I put?
Mr. SHERMAN. The Government of the U.S. would only be justified in building railroads or exercising extraordinary authority under the military and postal powers in cases where it was manifest that the States prevented the building of railroads. In the State of Ohio the case put by the Senator occurs.“ Anywhere within that State any 5 men may build a railroad if they will risk the investment.
Mr. HOWE. I know of one thing that would be, in my judgment,:1 little more inju rious than that. That might hurt, but not so bad, I think, as it would Eurt to concede the power to anyone State of this Union to actually prohibit 00mmerce from passing through its limits from one State to another. The power which the opponents of this bill concede to the State of NewJersey is a power to throw a gate across one or 2 or all of its highways, and to say that commerce between the States on either side of it shall not pass over those highways. If N ewJersey has that power, Ohio has it, and Ohio may at the very next session of her Legislature, or her railway companies themselves may, if they see fit to do it in the interests of Ohio agriculture, stop every pound of freight from passing through that State, or may le atoll n on it, in the interest of her production which would be ruine us to the agriculture of the country. Ohio can at the verynext session of her Legislature impose such restrictions upon the rai ways of that State as inevitably not: only starve the East to death, but would suffocate the West, would just block up the product of the Northwest where it is raised and would leave the East, where it is consumed, without it, and I think that would be a little more injurious than the corruption which would follow from assuming the simple jurisdiction that is asked for here, which is no more in the world than just to say, by the authority of the nation in the interests of commerce, that these bars put up by the State of NewJersey over one of its highways shall be let down. That is all. It is not to build any railway nor to add any new privileatis nor make any new corporation.
Mr. SAULSBURY. Believing that it is not in the power of Congress to enact it, I ask for the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Mr. FESSENDEN. I propose to vote against this bill, and I wish to state a simplereason why I shall do so. I concur generall, and almost particularly, with the remarks made by the honorable Senfrom Kentucky. I cannotsee any reason why, ifaState undertakes an enterprise which of itself facilitates commerce and adds a new avenue for it, creates that which did not before exist, and imposes certain conditions, which conditions in themselves may be somewhat burdensome, it having thus created a new auenue, that very fact, when it becomes an avenue of commerce, places the whole thing under the control of the Government of the U.S., to regulate, restrict, or destroy it in any way that it sees fit; because the power oes to the whole extent if it applies at all. he State of NewJersey and the State of Maryland, with reference to these charters, have put in a very self, 4. ish and odious condition, one that they ought to be ashamed of and ought to abandon, in my judgment; but by the very fact of authorizin these railroads and building them, they created valuable property and increased the facilities of commerce in the country. It belon s to them; it is within their own limits; an because it thus becomes an avenue of commerce, I cannot see how that gives all power over it to the Government of the U.S. any more than if they made a turnpike, any more than if the established a line of coaches to be used for the transfer of passengers and the carrying of packages, 830., in any way. I have been unable to come to the conclusion that we had an constitutional power to meddle with that wrich belongs to the State exclusively, and which it alone had a right to control. That is the simple reason upon which I shall vote against the bill.
Mr. JOHNSON. I think the honorable member, without meaning it, has disparaed the State of Maryland. The charter of ier great road, which has innred so much to the benefit of the whole country, was granted at a time when the railroad system was hardly known. The charter upon the Washington road was granted soon after. It was very much opposed by those who were interested in the turn ike between the city of Baltimore and Wesingtou. They went to the extent of supposing that the charter interfered with rights secured by what they ima ined to be a contract between the State and themselves, protected by that clause of the Constitution of the U.S. which prohibits a State from impairing the obligation of contracts. It has never been denied, as far as my impression extends, that the States having authority to grant charters may exact a bonus. Isuppose in Maine charters of that description have been granted upon the condition that the company would pay to the State something in the way of a bonus.
Mr. FESSENDEN. Never, under any circumstances.
Mr. FESSENDEN. Not in the NewEng land States. We do not levy a tax on people living out of the State.
Mr. SHERMAN. About 4 cents; th fare to Baltimore is $1 50.
Mr. FESSENDEN. That is a larger proportion than is charged in NewEngland.
Mr. JOHNSON. But the honorable member for ets that Maryland was a slave State.
Mr. JOHNSON. He would seem to forget it, practically. If Maryland had been. as Maine has been from the 1st, a free State, she would have had a population now as numerous and as enterprisingas is the population of the State of Maine.
Mr. FESSENDEN. How many Representatives have on 7. r
Mr. JOHNSON. We have 5 now, count 3/5ths of the negroes.
Mr. JOHNSON. I know that; but you have not our negroes. The honorable member says that is all they have; but we ought to have more. He is in a very inhospitable part in of the country. As far as climate is concerned, and as thrus the wealth of the soil is concerned, I do not think his State altogether equal to the State of Maryland, to say nothing of our fine oysters and soft crabs, and last, but by no means least, terrapins and canvas back ducks. [L aughter.] I think the honorable member from Maine, with all his attachment to his native State, just at this season of the year particularly, would like to s end 2 or 3 weeks in a portion of Maryland where he could get delicacies which are not to be found in the State of Maine. [Laughterl
Mr. JOHNSON. Codfish! Thatis enough to kill any stomach, and I do not think my friend deals much in that line. [Laughter] They have everything thatis wholesome thatis manifested in the appearance of her sons; and everything that makes gallant men that has been exhibited in this war both upon the sea and upon the land; but give us fair play and now we have it and my friendfrom Maine will soon see, no matter what may be the rate ofap portionment, that the Representatives of Maryland will outnumber the Representatives of the State of Maine.
Mr. FESSENDEN. I only wish to say to my friend that I had no idea by the simple remark that I made of bringing out such a course of observations as he has made all in very good nature. I concede that if everything else in Maryland were to be on the same level with her soft crabs and terrapins, I should think much better of the State,erhaps, than I do now. Laughter.] ButI did ot mean to say any ting in any way derogato y to that State; nor do I ofany State in the Union. Maryland has very much to be proud of, and I hope she will have very much more to be prou of, and I think she will in the future. But, sir, with regard to this individual thing, I merely expressed my opinion that the act was a selfish one. It is levying contributions on the people of other States, wherever it is undertaken. It is what I call a mean thing; and if the State of Maryland is not ashamed of it, I repeat, I think she ought to be. That is only my opinion. [hope she will by and by, on reflection, become satisfied that it is not exactly the thing to do. But I do not think we have a right to meddle with it.
Mr. CRESWELL. I should like to ask the Senfrom Maine whether in grantin these acts of incorporation in the State of Iaine, the State reserves the right to tax the compa nies and their business.
Mr. FESSENDEN. No, sir; we tax nothing but the shares. We tax railroad stock like any other property, and we tax the real estate held by the railroad company; that is to say, the buildin s, &c., according to my recollection; but we do not tax the charter; we do notcherge anything for the charter; we do not ask any bonus or anything of the kind. We are glad enough to get men to build railroads there if anybody will undertake them. They are not very profitable. We tax the property of railroads preciselyas we do any other property. For instance, if a railroad owns real estate it is taxed like any other real estate. Ifindividuals own stockin a railroad company it is taxed like the stock of any othercom any, according to its value. I do not know O any other taxes imposed upon them.
Mr. ER fiSWELL. I supposed that was the ease. I desire to add to what my colleague has said with reference to the disposition mani fested by Maryland, that she has done a little more than merely grant privileges to persons who were willing to construct these roads. The State of Maryland herself has invested nearly 36 miliion dollars in the construction of these works of public improvement, and of that sum she has lost absolutely over 27 million dollars. She has imposed no restrictions in the way of taxation upon the great line of the Baltimore and Ohio railroad, which has now invested within her limits some 20 million dollars, save the imposition of one 5th of thereeeipts from passengers between the cit of Baltimore and the city of Washington. 11the normal condition of affairs that yields her the sum of from 75 to 90,000 dollars a year, which is less than her usual rate of taxation would amount to by 2/3rds.
Mr. GRIMES. She does not tax the property of the company.
Mr. CRESWELL. She does not tax the property of the railroad company in any way except by the impoition of this one 5th of the tare between Baltimore and Washington. Not only that, but the State of Maryland has. shown a disposition to abandon even that as rapidly as her financial interests will permit. She has pocketed, passed to profit and loss, the loss upon her internal improvements, of $27,000,000 and has already granted a charter to a road in competition with this very line of road, from Washington city to the Point of Rocks, upon which she has reserved no such tribute. All the travel of the western States, when this new line of road is constructed, which is now under construction, will pass from Washington to the western States without any such reservation of any portion of the fare.
Mr. FESSENDEN. Then that shows that the State of maryland is ashamed of it.
Mr. CRESWELL. Not at all. It only shows that the State of Maryland is willing to do even more than she has heretofore been able to do, with a view to promote travel and commerce between the States. She is not ashamed of it. She has a perfect right in lieu of all taxation to exact some such compensation as this.
Mr. FESSENDEN. xactly. I do not feel inclined to go into this controversy, and if senators do not like this expression I made use of I will take it back. Of course I do not want to say anythinw dero atory of any State; but with regard to that individual act, I think it was without consideration and unjustifiable. The Senator sa 5 they impose no taxes upon their roads. Myy objection is that they make up what they give to their own citizens orpersons interested in that road by levying contributions upon the people of other States for going through their territory.
Mr. CRESWELL. The contribution islevied on all passengers, as well those of the State of Maryland as those of any other State, and on passengers from Baltimore city, a point within the State of Maryland, to the city of Washington, which is also within the old jurisdiction of the State. New, sir, I have only to add that if gentlemen understood what efforts the State of Maryland has made to maintain herself in the different contracts she has voluntarily made for the purpose of constructing these works of internal improvement, I do not think we should ever hear these expressions of “ashamed, ” &c., bandied about the Senate. No State in the Union has voluntarily submitted to greater burdens than has the State of Marylan. For 20 years and more, ever since these great works of internal imrovement were started in the State, our people have literally groaned under a weight of taxation which to them has been almost insupportable. The question of repudiation was raised there once, but our people scorned it, and we submitted to taxation in every shape. In 1845 a committee was appointed of the ablest financiers of the State, who grasped at every means of raising money by taxation upon our people, and we have submitted to it. We have fortunately been able, by submitting to these extraordinary charges and burdens, to extricate ourselves from our troubles, and the State of Maryland does not owe one dollar today for any public work to which she does not respond regularly in the payment of the interest. I only say this in justice to my State.
Mr. CRESWELL. To what point does the gentleman desire a road?
Mr. SHERMAN. From here to the Point of Rocks.
Mr. CRESWELL. That has been already authorized.
Mr. SHERMAN. I said that I wished to withdraw a remark that I made in reference to the Baltimoreand Ohio railroad.
Mr. CRESWELL and now the gentleman speaks of a road from Martinsburg to some other point.
Mr. COWAN. I do not wish to make any extended remarks in reply to the honorable Senatorin his strictures upon Pennsylvania; but I expect, toward the latter art of the week, or perhaps the be inning O next week, when the affairs of Sir It orton Peto dz Co. are wound up, the honorable gentleman will be better informed; and I have no doubt he will take it all back, as he has done in the case of Maryland.
Mr. SHERMAN. In reply to the allusion to Sir Morton Pete, I will say that there was another remarkable case whercone of its own corporations and other persons connected with an important railroad, the Atlantic and Great Western railroad, were prevented by the State of lennsylvaniafrom expendingperhaps 20 million dollars in that State in the construction of a new line of railroad. The companies had actually been organized for the purpose of constructing a new line of communication along the northern border of the State of Pennsylvania, in which several of the existing corpo rations of Pennsylvania were largely interested, and the State of Pennsylvania refused to allow the necessary corporate franchises and privileges to construct that road, and throng the agency of their courts they defeated the efforts O existing colorations to do it. I am happy to say in regar to Sir MortonPeto, who is a gentleman certainly of very remarkable enter rise and ability, that he has already recovered roni his troubles; State of Pennsylvania wilL e way, he will ai the people of this country in.coustruetin a new lineo communication connecting the tlantic and Great Western railroad with the city of NewYork.
Skip Skip The question being taken by yeas&nays on the poses of the bill, reenlted yeas 22, nays 19; ABSENT. 8. So the bill was passed. PRINTING OF A BILL.
Mr. STEWART submitted the following resolution; which was referred to the ComPrintg: Resolved, That 5,000 copiesof the report of the Committee on Mines. ox laining certain proposed amendmentsto Senate blll:57, together with a like number of copiesof said bill, with proposed apmrinetneddments, recommendedby the commttee. be for the useof the Senate. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep. by Mr. McPnsiisox, its Clerk, announced that the Speaker of the House had signed an ( enrolled bill (S.No.237) granting a pension. to Mrs. Martha Stevens; and it was thereupon signed by the President protempera of the weS, BnMe. “n Lounimmo ON THE ST. CROIX RIVER.
Mr. MORRILL. I ask the Senate to take and I hope that yet, if We: the up for consideration Senate bill No. 208. It is a short bill, and will take but a moment. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.208) to protect American citizens engnged in lumbering on the StCroix river, in the State of Maine. It provides that the produce of the forests of the State of Maine upon the StCroix river and its tributaries, owned by American citizens, and sawed in the Province of NewBrunswick by American citizens, (the same being unmann factured in whole or in part, shall be admitted into the ports of the U.S. free of duty, under such regulations as the SecyTreasury shall from time to time prescribe.
Mr. MORRILL. I move to amend the bill in section one, line 7, by inserting after the words “the same bein unmanufactured in whole or in part.” the we s “ and having paid the some taxes as other American lumber on that river.” The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to be engrossed for a 3rd reading, was read the3rd time and passed. EXECUTIVE SESSION.
Mr. MORRILL. I move that the Senate 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. Tussnsr, May 29, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. PENSION BILLS REFERRED. The following bills were taken up from the Speakers table, read a 1st and 2nd time, and referred to the ComInvalidPens:. An act (S.No.261) for the relief of Mrs. Anna G. Gaston; An act (S.No.276) for the relief of cornelius Crowley An act (8. o. 291) granting a pension to one. Rebecca Irwin; An act (S.No.298) granting a pension to Jags D. Bzgntfi 2 ) n act. o. 99 antiu a pension to Jane E. Miles; gr g p An act (S.No.814) for the relief of Sarah J. forcelles N 26) n act. o. 3 grantin a pension to Harriet B. Crocker; g p An act (8. No. 327)nting a pension to Mrs. Katharine F. Wins ow; An act (S.No.329) for the relief of Mrs. Margaret Kaetzel; An act (S.No.328) for the relief of Abigail Ryan; and An act (S.No.339) granting a pension to Benjamin Franklin. CIRCUIT COURT 1N DISTCOL.
The SPEAKER stated as the 1st business in order the consideration of the unfinished business of yesterday, being Senate bill No. 184, to definemore clearly the jurisdiction and powers of the circuit court of the DistCol.
Mr. WOODBRIDGE. I Wlll simply state, for the benefit of the House, that the ComJudiciary have given this bill a very careful consideration and recommend its passage as amended, believing it to be a just and properbill. Unless there are some special objections to it which members desire to state, I do not propose to discuss it, but will call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read the 3rd time and passed. Mr. WOODBRIDGE mtRtv the bill was passed; on the table. Agreed to. ANNA 1 1.WARD Mr. TAYLOR, by unanimous consent, from the Committee on nvalid Pensions, reported back House bill No. 459, granting a pension to Anna E. Ward, with the amendment of the Senate, in which the committee recommend a non-concurrence. The amendment of the Senate was read, as follows: Inse rtaflerthe word “ month " the words “to commeizee from and after the passageof this act and to coninuc. The amendment was non-concurred in. ADVERSE REPORTS.
Mr. WASHBURN, of Massachusetts, by unanimous consent, from the ComClaims, made adverse reports on the petitions. of Thomas S. Pinger, Thomas Hunt, and John H. Sehowler; which were laid on the table, and ordered to be printed. MRS. MARTHA srsvrms.
Mr. STILWELL. I am directed by the ComInvalidPens to report back Senate bill No. 237, granting a pension to Mrs. Martha Stevens, with an amendment. The amendment is to strike outU 20 dollars” and insert “ 17 dollars, ” being the amount allowed for a 1st lieutenant.
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time and passed. Mr. STILWELL mtRtv the bill was passed on the table. Agreed to. MILITARY ACADEMY APPROPRIATIONS.
Mr. STEVENS, by unanimous consent, reperted back from the ComAppropriat House bill No. 87, making approprintions for the support of the Military Aca emy for the year oning 30th June, 1867, with the amendments of the Senate to the same. 1st amendment: Strike out “ qno” and inse rt "two" in line 15. pass 1. so that it will road: For increaseand expen e of library. 82.000. The ComAppropriat recommend concurrence. The amendment was concurred in. 2nd amendment: Strike out on p c Kline. 12. thn words “1500" an insert "10,000;" so thut For rreepaadir:s of officersquarters. 810.000. The ComAppropriat recommend non-concurrence. The amendment was non-concurred in. 3rd amendment: Insert on page 2 after line 7. the following: For reflooring Academy buildings and barracks. For the purchase of fuel TUPWDHmlDmI, os shall shoemaker o and tailor shops.$2. For materials for quarters for subnltern officers. The ComAppropriat recommend non-concurrence. The amendment was non-concurred in. 4th amendment: Striko out on page 2, after the word "dollars." in line twpntsevon. the followmg: I Provide. That no part of the sums appropriated by the provmions of t hisact shall be expended in Violationof the provisionsof an not entitled "An act to prescribe an oathof office and for other purposes, " approved July 2. 1862. The ComAppropriat recommend concurrence in the amendment.
Skip Skip The question was taken, and the amendment was non-concurred in. 5th amendment: Add the following new section: Sue. 3. Abife:.That up person who has served in any capacitiyin the military or naval service of the be ciille confederate States during the late rebellion shall hereafter receive an appointment as cadet at the Military or Naval Academy. The ComAppropriat recommended non-concurrence. The amendment was non-concurred in. Mr. STEVENS. I move that the House request a committee of conference on the disagreeing votes of the 2 Houses on the amendments of the Senate to the bill. The motion was agreed to. FORTIFICATION BILL.
Mr. STEVENS, from the Committee on appropriations, reported back bill of the House 0. 255, making appropriations for the construction, preservation, and repair of certain fortifications and other works of defense for the year ending June 30, 1867, with the amendment of the Senate thereto, with the recommendation that the amendment of the Senate be non-concurred in. The amendment of the Senate was read, as follows: Page 1. after line 17.insert as follow: For Fort Popham.Kennoboc rivor.Maiu0. $goW. The amendment was non-concurred in.
Mr. STEVENS. I move that the House request a committee of conference on the disagreeing votes of the 2 Houses on the amendment to the bill. i The motion was agreed to. CLAIM OR GALES and SEATON.
Mr. STEVENS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remloed. That the Committee of Claims be instructed to inquire whether anything and if so.how much is due to Gales & Seaton for books said to be contractedfor and report by bill or otherwise. AMENDMENT OF NATIONAL BANK ACT. On motion of
Mr. DEFREES, byunanimous consent, the ComBanking and currency was discharged from the further consideration of the resolution of the House of the 25th of January last in regard to an amendment of the national bank act, and the same was laid upon the table. limAM PAULDING.
Mr. DODGE, from the ComForAffrs, reported back bill of the House No. 457, for the relief of Hiram Puulding, rear admiral U.S. Navy; which was referred to a ComWhole House, and, with the accompanying report, ordered to be printed. WILLIAM G. LEE.
Mr. McKEE, by unanimous consent, reported from the ComClaims a bill for the relief of William G. Lee; which was read a 1st and 2nd time, recommitted to the committee, and ordered to be printed.
Mr. ROLLINS. I demand the regular order of business. rauanmsus BunsAu.
The SPEAKER. The morning hour having commenced, the House resumes the consideration of the bill reported from the Committee on Freedmens Affairs (H.R.No. 613) to continue in force and to amend an act entitled An act to establish a Bureau for the Relief of Freedmen and Refugees,” and for other purposes. h
Mr. ELIOT. I use for the purpose of calling the previous question on the pending amendments and the bill. I suppose the House is prepared to act upon them, and I ask the pre vious question.
Skip Skip The firevious question was 2nded. Mr IBLAC demanded tellers on order"ing the main question. lellers were ordered; and Messrs. NIBLAO! and ELIOT were a pointed. The House divi ed, and the tellers reported ayes 66, noes not counted. r. So the mainquestion was ordered.
Mr. CHANLEr. Is it in order to move to lay the bill a on the table? up
Skip Skip Mr. CHANLER. Then I make that motion, and demand the yeas&nays upon it.:u The yeas and uays were ordered. The question was taken; and it was decided in the negative yous 23, nays 98, not voting 67; So the motion to lay on the table was not agreed to.
The SPEAKER. The 1st amendment is one offered by the Gentfrom NewYork, [Mr. DAVis] to add a clause at the end of the 2nd section and to strike out all the remaining sections of the hill; but the other amendments, being to perfect the parts sought to be stricken out, will be voted upon 1st. The 1st murder is the amendment of the Gentfrom Pennsylvania, [Mr. Seonesm] The amendment of
Mr. SCOFIELD was read, as follows: Strike out all after the word “them” in section 7.line 9. as follows: “ and shall provide sites and buildings for purposes of education whenever such associations 5 all. Without cost to the Government.provide suitable teachersand meansof instruction and he shall furnish such protection as may be required for the safe conduct. O such schools and saidpro crty shall he and remain the property of the U.S. until salesthereof shal beaht cured by luwz" and insert in lieu of the words stricken out the words “and nfford them all properprotectiopz" so that the section will read as fo ws: Whereas we recognize the necessity and duty resting upon the Government and resulting. from the condition of freedom. of aiding freedmento receive that needful education which on ressivepriuudices. laws and customsdenied themw onheld in slavery: Therefore. Abife: That the Commissioner of this bureau shall at all times cooperateyith rivste benevolent associations of citizens in at of freedmen and With agents and teachers, duly accredited and appointed by them and afford them all proper protection.
Mr. SCOFIELD. I prelim to modify); amendment by inserting instead of the words “and afford them all properprotection” the following: and shall hire or provide by lease buildimzs for purposes of education whenever such association shall viithoutcostto the Government, provide suit able teachersand meansof instruction, and heshall furnish such protection as may be required for the late conduct of such schools.,
Mr. ELDRIDGE. Mr. Speaker, is it in ordei for the gentleman to modify his amendment after the previous question has been 2nded?
The SPEAKER. The amendment cannot be modified, except by unanimous consent, alter the previous question has been 2nded.
Mr. ELDRIDGE. I object to the modification.
Skip Skip Mr. ELDRIDGE. You call the previous question on us, and then ask me to let this come in. I insist on my objection. The question being taken on the amendment of Mr. SCOFIEIJ), it was agreed to. Mr. WILSON, of Iowa. mtRtv the previous question was 2nded.
The SPEAKER. That cannot be done after the House has commenced executing it. It is stated on page 143of the Digest that “ it is not in order to move a reconsideration of the vote on ordering the main question when it is partly executed.” the question recurred upon the amendment offered y Mr. Sueuananosu, which was read as follows: Add at the end of section six the following: Provided, That nothing in this act contained shall be construedto affoctthe right of any personto recover in the proper courts any title or right of possessionwhic such person may have in any of the lands held undersaid field order. So that the sectionwill read: That whencver the former owners of lands occupied under GenlSherman s field order, dated at Savunnah. January 16.1865s.hall apply for restoration of said lands. the Commissioners all refuse the surren derof the same: Provided. That nothing in this not containedshall be construed to affect the right od any personto recover in the proper courts any title or right of possession which we person may havein any of the land: held under said field order.
Mr. ELIOT. There is no objection to that. The amendment was agreed to. The question recurred on the amendment of Mr. DAVIS, which was read, as follows: At the endof section twn“[IWff 4 by and the worn conture and the iities emaiuod the act iigreby amendedshall be applicable to all persons named or referredto in this section; and all actsor parts of acts inconsistentWith the provisions of this act are herebyrepealed. So that the section Will read: That the supervision and careof said bureaushall extend to all loyal refugees and freedmen.so far as the same shahbe necessary to enable the mass peedily as pructieable to become se lf supportiu citizens oftho U.S and to did them in maing the freedom conferred by proclamationof the Commander in Chief. by emancipation under the laws of States and by constitutional amendment, available to them and beneficial to the Republic and the powers conferrcil and the duties I enioined by the act hereby amended shall be applicable to all persons named or referred to in this section; and all actsor parts of acts inconsmtentWith the prayisions of this act are bereb repealed. Stri0 out all the remaining sections of the bill.
Skip Skip Mr. DAVIS. I call for the yeas&nays on this amendment. The yeas&nays were ordered. The question was taken; and it was decided in the newative yeas 35, nays 86, not voting 62; So the amendment was not agreed to. During the vote, Mr. NIBLACK stated thathis colleague, Mr. Kean, was detained from the House by illness. Mr. RICE, of Maine. stated that Messrs. Wixnou, Coxxmxo, and HOTCHKISS were ab sent, by order of the House, taking testimony. The vote was then announced as above recorded. The bill was orderengross and read a 3rd time. Mr. WILSON, of Iowa. I moveto reconsider the vote by which the bill was orderengross and read a 3rd time, and demand the previous question. I do it in order to give the Gentfrom Pennsylvania [Mr. Stro FIELD] an opportunity to otier his amendment. The previous question was 2nded and the main question ordered; and under the operation thereof the mtR agreed to.
Mr. SCOFIELD moved to strike out all after the word “ them " in the 9th line, section 7, and in lieu thereof to insert the following: and shall hire or provide by lease buildings for purposesof education whenever such associationshall. without cost to the Government, provide suitable teachersand meansof instruction, and he shall furnlsli such protection as maybe required for the safe conduct of such schools.
Skip Skip Mr. WILSON, of Iowa, demanded the previous question. The previous question was 2nded and the main question ordered.
Mr. LEBLOND. I would inquire whether the Government is to buy the schoolhouses for.
Mr. SCOFIELD. The amendment provides that, instead of buying Sites and erecting buildings, they may temporarily hire buildings to be occupied by teachers to be furnished by private benevolent associations.
Mr. LEBLOND. Does not the amendment contemplate that sites are to be purchased by the Government?
Skip Skip The amendment was agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. ELIOT demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. ELDRIDGE demanded the yeas and navs. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 96, nays 32, not voting 55; So the bill was passed. Mr. ELIOT mtRtv the bill was passed; upon the table. Agreed to.
Skip Skip MESSAGE FRO.“ THE SENATE. A message from the Senate, by Mr. Former its Secretary, announced that the Senate had passed a bill (S.No.342) for the relief of Ira. Curtis, in which he was directed to ask the concurrence of the House. APPOINTMENTS to MILITARY ACADEMY. On motion of
Mr. SCHENCK, by unanimous consent, JtResolution of the Senate No. 136, relative to appointments to the Military Academy of the U.S., was taken up from the Speakers table, the amendments of the Senate non-concurred in, and a committee of conference asked. RAILROAD IN MISSOURI AND ARKANSAS. On motion of
Mr. CULLOM, by unanimous consent, Senate bill No. 223, to revive and extend the provisions of an act granting the right of way and making a grant of land to the States of Arkansas and Missourito aid in the construction of a railroad from a point. upon the Mississippi opposite the mouth of the Ohio river, via Little Rock to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved Feb ruary 9, 1853, and for other purposes, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPubLands. JOHN A. COAN. On motio of Mr. McKEE, by unanimous consent, theihapers in the case ofJolin A. Coan were withdrawn from the files of the ComClaims, copies of the same being left.
The SPEAKER. The morning hour having expired, the 1st business in order is House bill No. 543, which was made the special order for this day after the mornin hour, being a bill to restore to the States late y in insurrection their full political rights.
Mr. RANDALL, of Pennsylvania. Will the gentleman allow me to ask him who he intends shall form the State governments the people of the States or who“!
Mr. ASHLEY, of Ohio. I propose that the loyal people of these States shall reorganize these State governments and administer their governments under such rules and restrictions as the Congress of the U.S., rere senting the people of the loyal States, s allre uire.
Mr. RANDALL, of Pennsylvania. Then Iunderstand the gentleman to say that he is willing that the loyal people shall form State governments, or shall continue their State governments and protect and elect Congressmen as part of their duty. Do I understand him aright?
Mr. ASHLEY, of Ohio. Under such rules and restrictions as this Congress shall require.
Mr. RMIDALL, of Pennsylvania. That is an after cla.,
Mr. WRIGHT. Will the Gentfrom Ohio [ML AshLEY] allow me to ask him a question?
Mr. ASHLEY, of Ohio. I would rather the gentleman would ask me his questions after I get through my argument.
Mr. WRIGHT. I wish simply to ask the gentleman to give us his definition of a loyal man.
Mr. ASHLEY, of Ohio. If the gentleman will ask me after I get through I will answer his question.
Mr. WRIGHT. Very well; I will ask the gentleman then.
The Clerk read as follows: Aiz ricmz. Site. 1. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the U.S.: nor shall any State do prive any person of life, liberty, or propertymithout due processof law; nor deny to any person within its jurisdiction the equal protection of the laws. Site. 2. No State shall any the elective franchise to any of its inhabitants. being citizensof the U.S., above the ago of 21 years becauseof race or color: but suffrage shall be impartial and on the 4th day of July. A. D. 1876, all citizens of the U.S. above the ago of 21 years.not convictedof criiiie or excluded from the right of the ballot by not of Congressor by the law of any State becauseof insurrection or rebellion nzainst the U.S shall be electors in each State and Torritury of the U.S.: and on and after the 4th day of Jul. A. D. 1876, all natural born citizens of the U.S. thereafter becoming 21 years of are and all aliens who may thereafter he naturalised and are above the no of 20 ono years and can read and write the English language shall be qualified tovote for electorsof Prosident an VEEP, for members of the Congress of the U.S and for Governors and members of State Legislatures. SEC.3. representations nll be npportioned among the several tales according to the respective number of inhabitants in each. Sun. 4. No payment shall ovorbemade by the U.S or any State for area account of the emancipation of any slavo or slaves or for or on account of any debt contracted in aid of insurrection or rebellion uninst the U.S. Sac. 5. Tire Congress shall have power to enforce, by falppropriuto. legislation, the provisions of this [C G
The Clerk read as follows: That whenever any State lately in insurrection shall have ratified.in good faith and irrevocably. the above recited amendment, and shall have modified its constitution and laws in conformity therewith and after such ratification and modification of its constitution and laws shall have elected a Govs ornor and the State officers provided for in the conltitution of such State including the State Lezisle ture and Senators an Representatives to the consrcss of the U.S. under such limitations and restrictions as may be amused by the constitution and laws of such State when amended asherein prescribed.the Sens&Reps from such State. if thus elected and qualified. may alter hllVlIlK taken the oaths of office required by be law. admitted into Congress as such: Provide TRt neither (he Statmi. c reguired to reclect Governor and State officer; or n tats Legislature or pators or Representatives to the Congress of the U.S., but whenever either of said States shall have ratified the above recited amendment and shall have modified their constitutions and laws in conformity therewith. their Sens&Reps now duly elected and no ed may be admitted into Congress on taking a oaths of office recurred by law.
Mr. LeBLOND. With my colleagues permission, I wish to ask him a aestion. I infer from his remarks that he is in favor of negro suffrage. I wish to know whether he is in favor of ne 0 suffrage in the States.
Mr. LeBlOND. Then I wish to ask the gentleman another question: does he claim that Congress has the power to confer the right of sulfur e upon negroes in the States?
Mr. ASHLEY, of Ohio. Well, sir, I do not intend to put myselfon record against the right of Congress to do that. I am not prepared now to argue the pointwith my colleague; but I will say to him that when the time comes for the American Congress to take action on the question, I will be ready to speak. Iwill not say now whether I would vote for or against such a proposition.
Mr. LeBlOND. I wish to ask my colleague one more question: is he in favor of the report of the reconstruction committee?
Mr. ASHLEY, of Ohio. Well, sir, I am voting for it.
Mr. LeBlOND. Is my colleague in favor of keepin the States out until the conditions prescribe in that report are complied with?
Mr. ASHLEY, of Ohio. If my colleague had listened to my remarks and to the amendment which I presented, he would not have felt called upon to interrupt me to put this in airy. 4Mr. LeBlOND. I would like to inquire why the glentleman yields the question of suffrage, as 0 does, in supporting the proposition of the committee.
Mr. ASHLEY, of Ohio. Because I cannot get it. [Laughter] Is not that a fair answer?
Mr. ASHLEY, of Ohio. Now, sir, let us look at this question for a moment from the stand point of the black man. And he who will not look at this question from the stand point of the black man is unfit to sit in judgment on this question. Let me ask gentlemen on the other side, with whom I always deal fairl, suppose your ancestors had been in bondage for 200 years, and that this nation this nation of hypocrites and liars for more than 80 yearsad enslaved and degraded you as no people were ever degraded before making merchandise of your entire race, while professing Christianity and a love for liberty. I say suppose this to have been your condition when this war begun a war inaugurated on the part of your masters to establish a government which should perpetuate your bondage and after becoming satisfied that we could not conquer your masters without our aid, we had invited you in the hour of the nations agony to join our army and help put down the rebellion, promising you our freedom, and that you had come 200,000 strong, and had sta ed, if you did not turn, the ti e of battle, thereby giving us the victory. I say suppose this to be the case, and after the rebellion had been crushed and your masters were put down by your aid, we had coolly and unblushingly turned you over to the control of local State governments administered by your late mas ters. I ask, what kind of justice would you call that?
Mr. ASHLEY, of Ohio. If you will an swer that I will yield the floor.
Mr. ELDRIDGE. Was that so from the b nnin?
Mr. ASHLEY, of Ohio. It was so with me. I do not know what issue the gentleman bad. So far as his votes indicated, his position was on the other side.
Mr. ELDRIDGE. Was that the position of Mr. Lincoln and those who supported him from the be nning of the war?
Mr. ASHLEY, of Ohio. I do not think it was at the beginning.
Mr. ELDRIDGE. Was it at the end of the war?
The Speaker. The gentlemans time has exired.
Mr. GARFIELD. I move that my collea estime be extended.
Mr. LeBlOND. He is entitled to credit, and deserves extension. [Laughter.] There was no objection, and it was ordered according].
Mr. ASHLEY, of Ohio. Mr. Speaker I want my friendfrom Ohio, Or anyone on that side of the House, to tell me, if after havin fought to save the nation under the promise of freedom and the protection of his life and property, what would e his feelings toward those who committed the great crime of turning him overto the control of his enemies and ours? What would you say of such a Government? What would you say of the honor of its rulers? Sir, I know not what other men would say, but if I were a black man I would not submit. I would rather be the slave of one man who had a pecuniary interest in my health and life than to be the slave of a State whose government was controlled by my late masters. it is after rible thing to be the slaye of a State whose government is administered in the spirit of caste. Sir, if the members of this House could witness what I have often seen, free men made the slave of the State, they would know how intolerable is such a condition, and would not also soundly if by their vote they permitted 4 million people, who were oural ies and friends in this late war, to become the slaves of a State whose government was in the hands of rebels.
Mr. HIGBY. They have reenacted the same laws.
Mr. ASHLEY, of Ohio. These laws have been reenactedin some of the socalled reconstructed States as my friendfrom California remarks. Sir, I repeat, if this great iuustice was done me I would not submit; an I tell on that these 4 million people, soon to increase to ten millions, will not submit to such monstrous legislation. If I were a black man I would rather go into rebellion and revolution than submit to such an intolerable wrong. I would take my children and go daily with them to the altar and swear eternal hostility to those who thus betrayed me. I would consecrate all the powers of mind and strength which I possessed to brand those with infamy who had been so false to my people, and to put them into history along with those Who, In every eneration, have disgraced the World as the etrayers of mankind and enemies of the human race. Sir, nothing can give such security to the poor man as the ballot. The prejudice of caste is strong, but the ballot will soon banish its baneful spirit. If in the days of Know Nothingism the Irishman had nothad the protection which the ballot alone could give him his condition would havebeeu intolerable. How much more intolerable the condition of the black man without the ballot when completely under the dominion of his late slave master!
Mr. WRIGHT. I ask now to have the question answered which I put to the Gentfrom Ohio, [Mr. Asm.1:v] namely, what does he mean by a loyal man? I doubt very much whether he can answer it.
The Speaker. The Gentfrom WestVirginia [ Mr. Lyman] has the floor.
Mr. ELDRIDGE I hope the gentleman would be but to recite 100from WestVirginia will allow the Gentfrom Ohio to answer the question. I under stood him to say he would answer it when he got through.
The Speaker. The Gentfrom Ohio has resumed his seat.
Mr. ELDRIDGE. I think he waited to answer the question.
The Speaker. The Gentfrom WestVirginia is entitled to the floor.
Mr. BROMWELL obtained the floor, but yielded to Mr. STEVENS, who moved to postpone the further consideration of this bill ti Itomorrow, after the morning hour. The motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY its Secretary, announced that the Senate ha concurred in the amendment of the House to Senate bill No. 287, granting a pension to Mrs. Martha Stevens. CANAL AND BEVERAGE COMPANY.
Mr. STEVENS. I desire to call up the motion to reconsider the vote of the House on Friday last by which it a eed to certain amendments to Senate bill o. 290, to incorporate the Canal and Sewerage Company of the DistCol. The question was on agreeing to the amendents.
Mr. STEVENS. The Gentfrom Maryland [Mr. FTHOMAS] may not probably have expected this to be called up to ay. I therefore, with his leave, will move that the House adjourn so as to let it come up tomorrow monr. ING.
Mr. THOMAS. I hope the Gentfrom Pennsylvania will allow the motion to reconsider to go over till Friday, when the bill will come up regularly. It takes me certainly by sn rise.
Mr. STEVENS. I am really not acting for myself but for the Gentfrom Illinois, [Mr. Ixcsasoni.] who is not present at this moment.
The Speaker. The Gentfrom Pennsylvania [Mr. Srsvsxs] has the floor on the motion to reconsider, which brings u the bill. It will be the unfinished business ift ie House adjourns now.
Mr. FTHOMAS. I very much prefer that the Gentfrom Pennsylvania should let this go over till Friday, because on last Friday in I move that the House ad when it was before the House it was under I stood that it would not be called up till the 1 Friday ensuing.
Mr. STEVENS. Friday is private bill day.
Mr. FTHOMAS. This was ruled to be a private bill against my objection.
The SPEAKER. This bill was reported on Friday. The Gentfrom Maryland [Mr. FTHOMASaouss] objected that it was not n private bill, and the Chair ruled against him. On Friday next a greatnnmber of committees desire to make reports, and this would block their way.
Mr. FTHOMAS. Notwithstanding the prompting of the Chair, I still be e the Gentfrom Pennsylvania will allow me one single moment. I have reason to believe that a much wider range is to be ven to this subject than he anticipated. I believe it is to be contended very ravely that the Chesapeake and Ohio Canal Company have forfeited their charter.
Mr. STEVENS. I do not know anything about it.
Mr. FTHOMAS. If the gentleman will. allow me one moment
Mr. STEVENS. I suggest that we had better adjourn, and when it comes u tomorrow morning anything that I can do to accommodate the gentleman
Mr. FTHOMAS. Allow me to finish what I have to say. I have other business to day engaging my attention, and this new issue that is made will impose upon me the necessity
Mr. STEVENS. I will refer the gentleman now to the gentleman for whom I am acting, [ML Ixosasou., who has just come in.
Mr. FTHOMAS. I would really like to know for whom the gentleman is acting.
The Speaker. lic allusion to the Chairs prompting the Gentfrom Pennsylvania l Mr. Srsvsivs] by the Gentfrom Maryland [Mr. F. Iiiouas] is not just. It is the duty of the Chair always to state to the House the condition of public business, and the manner in which a bill may impede public or private business.
Mr. FTHOMAS. It was not in any bad | temper that I made the remark, it was jocular. I was about to repeat
Mr. STEVEN. I have nothing further to say. The subject is before the House.
Mr. FTHOMAS. Iwill then ask that this bill be postponed until next Friday morning, because I find that there is this labor im osed upon me: to look into all the laws of lary land, of Virginia, and of the U.S. from 1825 to 1850, with a view to meet this new issue, that the Chesapeake and Ohio canal cerporation have forfeite theircharter. Ihad not expected that this bill would come up so soon as this, and Ithereforeask that its further consideration be ost oned until Friday next.
Mr. SCHENCK. I would ask if that post ponement would have any effect upon the special order, the bill to regulate the pay of the Army.
The Speaker. It would come u as im finished business, and would take up al Friday until dissed of.
Mr. INGERSOLL. I hope the House will not. postpone the consideration of this bill till next Friday. The question as to whether the Chesapeake and Ohio Canal Company have forfeited any of their rights under their charter from Rock creek to 17th street is not a question that this House will be called upon to consider and settle. If they haveany exist infiright there, that right is reserved under this bi. I notify the Gentfrom Maryland [Mr. FTHOMAS] that that question will not be settled by the House.
Mr. FTHOMAS. If that is so it will save me a great deal of trouble.
Mr. INGERSOLL. That is so, and therefore the gentleman may save himself that trouble. If there has been any forfeiture it will be for the court to declare it, and not for the House;, if there has been no forfeiture it will still be the same, so that it is simply a question of expediency in regard to incorporating this Canal and Sewerage Company. And that question, it seems to me, might as well be disposed of to niorrmv as another time. I hope, therefore, the House Will not postpone the consideration of this subject until next Friday.
Mr. INGERSOLL. I cannot conceive, nor do I yield the point, that the character of the bill will be changed, whether the amendments be adopted or not. Certainly there is but one amendment that can have any special bearing on the bill, and that is the amendment to the 17th section adding the words referred to by the Gentfrom Maryland. The other amendment relates merely to the names of the corporators. Now, that amendment to the 17th section was proposed by the committee in.order to save more certainly the rights not on] of this corporation, but of other parties, whether bodies corporate or private persons. I do not understand that it c ianges the character of the bill, or that it is material whether the amendment be adopted or rejected.
Mr. FTHOMAS. I merely desire to know from the Gentfrom Illinois whether he adheres to that amendment or desires to exunge it.
Mr. INGERSOLL. I do not know that I can give the gentleman a direct answer with regard to that; for I really do not know whether or not the retention of the amendment is essen tial to secure the rights of the corporation or of individuals who may be affected by the bill. If it is not essential, I have no desire that it shall be retained. If it is essential for the rights of any arties I want it to be retained.
Mr. FTHOMAS. The gentleman surely does not understand me. A motion has been made b the Gentfrom Pennsylvania to reconsider the amendment adopted by the House. I take it for granted that the motion was made for some practical purpose. I take it for granted that it was with the view of bringin those amendments again before the House for consideration, so that they may be either rejected or acquiesced in. I simply desire now to know whether it is intended to expunge the amendment to which I have referred or to adhere to it. If the design of the reconsideration is that the House shall reject the amendment which has been adopted, let us determine the question now, and then we shall know in what shape the bill will come up hereafter.
Mr. INGERSOLL. My present impression is that the committee are anxious that the House shall adhere to the amendments, and do not desire that the House shall reconsider the vote by which the amendments were adopted.
Mr. FTHOMAS. I do not understand, then, for what purpose the motion to recon sider was made.
Mr. INGERSOLL. So far as my feelings are concerned, I should prefer that the dicussion of the bill should go on this evening.
Skip Skip The question being taken on the motion of Mr. F. nouns, to postpone the further coniideration of the subject until Friday next, immediately after the reading of the Journal, there were ayes 47, noes 24; no quorum voting. The Speaker, under the rule, ordered tellers, and appointed Messrs. F. Tnonss and Isouasorm. The Housedivided; and the tellers reported ayes 57, noes not counted. So the motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY its Secretary, announced that the Senate had passed a bill (S.No.208) entitled “ An act. to protect American citizens engaged in lumbering on the StCroix river, in the State of Maine, ” in which the concurrence of the House was re. uested.
Mr. McKEh asked leave of absence for one week. Leave was granted. us]; OF THE "ALL.
Mr. CULLOM. I ask unanimous consent to offer the following resolution: Ruolord, that the ComRules be in isntgructhteedrtuoleinquire into the expediencyof suspend 0 this Housewhich forbids the useof the Hall except as stated in said rule. so that the House may grant the use of the Hall to such persons as may be deemedproper, who may desireto lecture for the benefit of the soldiersand sailors fair about to be held in this city.
Mr. SPALDING. I object. user 0. muntres. On motion of
Mr. LAWRENCE, of Penn 5 lvanin, by unanimous consent, Senate hill 0. 56, for the relief of Mary C. Hamilton, was recommitted to the ComInvalidPens. FRESH WATER BASIN FOR IRON CLADS.
Mr. LYNCH. I ask unanimous consent that Senate JtResolution No. 92, authorizing the appointment of examiners to examine a site for a fresh water basin for iron clad vessels of the U.S. Navy, be taken from the Speakers table and considered at this time.
Mr. SPALDING. I object. BANGOR CUSTOMHOUSE.
Mr. J. M. HUMPHREY, by unanimous consent from the ComCommerce, reported a bill making an appropriation for the enlargement and repair of the customhouse and postoffice buildingat Bangor, Maine; which was read a 1st and 2nd time, ordered to be printed, and recommitted. MICHAEL HAAK.
Mr. ANCONA, by unanimous consent, introduced a bill grantin to Michael Haak compensation for the use 0 his farm near Reading, Pennsylvnnia, by troops of the U.S. as a cam of rendezvous and instruction; which was read a 1st and 2nd time, and referred to the ComClaims. ENROLLED BILL SIGNED.
Mr. COBB, from the Committe on Enrolled Bills, reported that they had examined and found truly enrolled Senate bill No. 237, granting a pension to Mrs. Martha Stevens; when the Speaker signed the same. And then, on motion of Mr. DAVIS, (at 4 oclock and 5 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. &c. wero. presentedunder the rule and referred to the appropriatecommittees: Mr. BUCKLAND: The petition of Ottawacounty Ohio in soldiers of Ifl 0 10foualinnslbounties. Mr. DAVIS: The petition 0 Mary Riggles, for re ic. Also. the petition oflR. N. Gare, Alfred Wilkinson and 80 others. citizens of central NewYork, prnyimzfor an increaseof the duties on im orts. Mr. ONEILL: the menioriul of the hilndcl shin Board of Trade. urging the favorable action, of congressuponthe bill now before the Senaterelating to appointments to the Naval Academy, and ospecially upon that section which directs a selection of naval cadets to be made from the deserving and qualified naval apprentices who have served not lessthan oneyear in that capacity. Mr. PHELPS: The petition of F. P. Salas. for return of duty on imported goods.
@@@IN SENATE SENATE. Wianxnsnn, May 30, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS AND MEMORIALS. Mr. WILSON presented 2 etitions of citizens of Mercer county, NewJersey, who were mustered into the service of the U.S. as soldiers or sailors in the years 1861, 1862, and 1863, praying for abalance of bounty which they allege to be due them; which was referred to the ComMilAffrs . Mr. SHERMAN presented a petition of soldiers and sailors honorably discharged from the service of the U.S., prayin for an equalization of bounties; which was or ered to lie on the table. He also presented a communication from the SecyTreasury addressed to him, transmittin statements in regard to the public debt; which was ordered to be printed. Mr. POMEROY presented the petition of Henry S. Davis, prayin for the ayinent of a balance claimed to be ue him fiir work done in the west wing of the Patent Office building, under a contract with the ComrPatents dated November 6, 1857; which was referre to the ComPubBldg and Grounds. REPORTS OF COMMITTEES.
Mr. RIDDLE. I am directed by the ComDistCol, to whom was referred the bill S.No. 227) to incorporate the Washington lass company, to report it back with an amendment, an to ask for its immediate consideration.
The PRESIDENT protempore. It requires unanimous consent to consider the bill on the da'it is reported.
Mr. RIDDLE. The ComDistCol have had the bill before them, and unanimous] recommend it.
Mr. JOHNSON. I ask the honorable member if the bill has been printed.
Mr. RIDDLE. It has never been printed that I am aware of.
The PRESIDENT protempore. Objection beingniade, the bill lies over, and will be printed, under the rule.
Mr. GRIMES, from the ComNavAffrs, to whom was referred a 'oiiit resolution (S.R.No. 96) amendatory o a resolution regulutin the investment of the naval pension fun, approved July 1, 1864, reported it without amendment.
Mr. GRIMES. The ComNavAffrs, to whom were referred resolutions of the Legislature of NewYork in favor of an increase in the pay of naval officers, a memorial of the Board of Trade of Buffalo for the same purpose a memorial ofRenr Admiral S. W. Go on another naval officers of the Brazil squadron, praying for an increase of pay, 13 etitions of officers of the Navy attached to the navy yard at Mare Island, California, the petition of officers of various navy yards, a memorial of Vice Admiral D. G. Farragut, and other naval officers of the U.S., a memorial of asst and acting asst surgeons of the U.S. Navy, and resolutions of the Chamber of Commerce of the State of NewYork on the same subject, have instructed me to report them back, and to ask to be dischargedfromtheir further consideration. I will state t let an order has been made Order No. 75 by the Navy Dept in regard to the increase of the pay of naval officers, which, in a measure, accomplishes the purpose sought by the memorialists in these cases, and which order, I am happy to say, meets with the approval of the ComNavAffrs, and therefore obviates the necessity of any further legislotion on the subject. The report was agreed to.
Mr. TRUMBULL. I am instructed by the ComJudiciary, to whom was referred a petition of citizens of Iowa, praying for the enactment of just and equal laws for the regulation of interstate insurance of all kinds, to ask to be discharged from its further consideration, the committee thinking that it is not asubject over which the Congress of the U.S. can properly take control. The report was a eed to.
Mr. T UMBULL. The same committee, to whom was referred a JtResolution (S.R.No. 91) to refer the claim of Frederick Vincent, administrator of Le Caze d: Mallet, to the Court of Claims, have instructed me to report it back with a recommendation that the resolution be rejected. I desire to state, in reference to this matter, that it seems that the parties to whom this resolution relates obtained a bill for their relief some years ago, and the condition of the bill was that a certain amount of money should be paid to them, which should be in full of all claims growing out of the transaction to which it referred. The parties received that money, gave a receipt for it according to the form prescribed by the bill, and now come in with an application to receive something more growing out of the same transaction. I am instructed by the committee to report the resolution back with a recommendation that it be rejected.
Mr. POLAND. The ComJudiciary, to whom was referred a bill (S.No.268) to prevent and punish the manufacture and use of false, forged, or counterfeit brands, stamps, dies, or stencils, have had the same under consideration, and are of opinion that no such legislation as this bill proposes is needed, and therefore report adversely to it. I move that the bill be indefinitely postponed. The motion was agreed to.
Mr. HARRIS. The ComJudiciary, to whom was referred the memorial of the Milwaukee and Rock River Canal Company, praying that the remainder of a certain trust fund arising from the sale of canal lands be paid to them, have instructed me to report adversely to the rayer of the petition, and ask to be discharged from its further consideration. The Senfrom Wisconsin [Mr. Hows] has an interest in this matter.
Mr. DOOLITTLE. Before the vote is taken to discharge the committee, I wish that might lie over until tomorrow. I understand there was some attorney representing that comPany?
The PRESIDENT protemporc. No action can be taken on the report today except by unanimous consent. If the Senator objects it lies over.
Mr. DOOLITTLE. Let it lie over until tomorrow.
The PRESIDENT protempore. Objection being made, it lies over under the rule.
Mr. HOWE subsequently said: I move that the memorial reported by the Senfrom NewYork be recommitted to the ComJudiciary. I would be lad to have it returned to the committee for urther consideration. The motion was agreed to.
Mr. HARRIS, from the ComJudiciary, to whom was referred the petition of Austin Bingham, and others, late slaves belonging to the estate of G. W. P. Custis, praying that certain lands be set apart for them, reported adversel thereon, and asked to be discharged from its further consideration; which was agreed to. He also, from the ComPrivLandClms, to whom was referred a bill S.No. 308) confirming the title of Alexis Gar a Eier to a certain tract of land inthe county of rown, and State of Wisconsin, reported it with an amendment.
Mr. ANTHONY. The ComPrintg, to whom was referred the resolution to print additional copies of the report of the comMines and Mining explaining certain amendments to Senate bill o. 257, have directed me to're art it back without amendment, and to ask tor its present consideration. There being no objection, the resolution was considered by unanimous consent and agreed to, as follows: Renoloed.That 5,000 cfiijes of the report of the Committee on Mines and mini; explainin certain proposedamendmentsto Senatebill No. togetherwith alike number of copiesofsaid bill with the progesed amendments recommended by the committee. e printed for the useof the Senate. DISTRICT SUPREME COURT.
Mr. WADE. The ComDistCol, to whom was referred the amendment made by the HoRep to the bill (S.No.184) to define more clearly the jurisdiction and powers of the sureinc court of the DistCol, and or other purposes. have instructed me to report it back and ask that the Swan a ree to the amendment made by the HoRep, and I wish to have it acted on now. By unanimous consent, the Senate proceeded to consider the amendment of the HoRep.
Mr. WADE. I will state in a moment what the amendment is. The HoRep strike out the 1st 4 sections of the bill. Those sections undertake more particularly to specify the subjects of the jurisdiction of the court, and the practice, in some respects, making very slight alterations, which were sug ested principall by the clerk of that court. in“ it went to the HoRep the judges of the court, on looking it over, believe, persuaded the House that it was unnecessary to alter the practice as proposed. In the 5th section, a new subject was introduced, and that was a provision for attachments, which they thought very essential, and the House thought so, too, and retained that portion of the bill together with the section providiiur for an increase of the salary of the judges. [‘hc rest iis stricken out. That is all of the bill that is e t.
Mr. JOHNson. I ask the honorable member if the sections retained are amended in any way.
The PRESIDENT protemporc. The amendment of the HoRep will be read.
Mr. WADE. I think it is not necessary to read it.
Mr. JOHNson. I do not ask for the reading.
Mr. HENDRICKS. We ought to know what it is.
Mr. JOHNson. I think the honorable member from Indiana will understand it in a moment. The bill came, originally, from the ComJudiciary, and my impression at the time was that the 1st 4 sections gave the court no additional power. The HoRep have stricken out those sections, leaving the others.
The PRESIDENT protempore. The reading of the amendment can be dispensed with by the unanimous consent of the Senate if they prefer acting upon the amendment without caring it read. The question is on concurring in the amendment made to the bill by the HoRep. The amendment was Concurred in. PRINTING OF A BILL. On motion of Mr. LANE, of Kansas, it was 0rdered. That the bill (S.No.844)donatiu public lands to the several Stateswhich may man a agricultural collegesfor the education of personsof Afri csn descentbe prin. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.347) to change certain collection districts in Maryland and Virginia; which was read twice by its title, and referred to the ComCommerce. FORT LBAVENWORTH RESERVE.
Mr. LANE, of Kansas, submitted the following resolution; which was considered by unanimous consent and agreed to: Resolved.That the ComMilAffrs be instructedto inquire asto the ox pedicncy of granting the rightot‘ wa to Countr and westernand Fort Des the Platte It cines railroads throng that portion of the Fort Leavenworth military reservelying on the north side of the Missouri river. to report by bill or otherwise.
The PRESIDENT protempera. It will be referred to the ComMilAffrs if there be no objection. The reference made to the ComJudiciary will be corrected, and the bill is referred to the ComMilAffrs . KENTUCKY MILITIA.
Mr. SPRAGUE. I move that the Senate proceed to the consideration of Senate resolution No. 94. The motion was agreed to; and the JtResolution (S.R. No. 94) providing for the payment of certain Kentucky militia forces was read a 2nd time and considered as in ComWhole. It directs the SecyWar to cause to be investigated the claims of the forces called out under the command of James S. Fisk, in May, 1862, and to pay them at the same rate for actual service rendered while absent from their homes as was allowc bylaw to other volunteer forces in the military service at the date specified; and in estimating the amount due them, their officers are to be paid as of the grade to which the number of men would have been entitled under the mustering regulations of the Army in force at the date specified.
Mr. SPRAGUE. I ask for the reading of the report accompanying the JtResolution.
The Secretary read the following report, submitted by Mr. Seamus from the ComMilAffrs on the 16th instant: The ComMilAffrs and theMilitia. to whom was referred the petition of James S. Fisk and others.of the home uardot'Rock Castle and Lincoln counties, in Kentiic y. [mi ngcompensutionfor servicesrenccred during the reatened raid of the rebel John Iorgan.in 1862.havin had the sulucct. under considoration, begrespectful to report: That in May. 1862, the State of Kentucky. at or nearCumberland Gap, was threatened by the rebel forcesunder the commandofJohn Morgan; that the ipnegtitioner.James S. Fisk. was at the timecommand a battalion of homejuard in the counties of Rock Castle and Lincoln. in saidState. which organization wascalled into service by Brigadier General T. W. Morgan. U.S. volunteers.for the protection of telegrnplrlines and railroads and other lines of communication threatened by the enemy. This forcewasat no expenseto the Governmentand has asyet.rcccived no pav. It wasnot mustered into or out of theservice of tic U.S.hcnce the accounting officers of the Treasury do not consider existing legislation a sufficient warrant for the payment. General T. W. Morgan. U.S.vo untecrs.had no authority to call out militia forces. He did not seekauthority from Genoral Bucll. his im mediatecommander.eitherbeforeor afterthe issuing of the order. although he had ample time to do so. Had he performedhis duty in this respect.the War Deptwould probably have sanc ionedhis act. an the forces WOUlthave beenpaid at the time the services were rendered. The committeeare of the opinion that the claimants.who actually performed scruicc. should not be kept out of their pay by the ncglect of GeneralMor an to obtain authority for his order but they should be paid for the time they were actually in service.the officersof the grade established by regulation for the number of men performing servicc. ho committee therefore recommend the passage of the accompanying resolution.
Mr. SPRAGUE. I move that the name “ Fisk, ” as printed in the resolution, be changed to “ "ishf’ It is a clerical error.
The PRESIDENT protempera. That correctibn will be made, as it is a clerical mistake.
Mr. SPRAGUE. I think the report states the facts clearly with reference to this case. These forces were actually called into the service of the U.S., although they were not mustered into the service, and performed actual service. It is not clearly set forth in the report or in the orders the number 01menthat were actually employed, but the resolution is so drawn that the SecyWar is to investigate and find out the number, and pay them the same amount as was allowed by law to other volunteer forces at that time.
Mr. FESSENDEN. I should like to inquire of the ComMilAffrs, as these men were never mustered into the service of the U.S., what the view of the War Dept is on the subject; whether they have had any information or communication with the Dept to know the views of the dept on the subset, or whether they have undertaken to order the SecyWar to pay these men without 1st understanding what position is assumed with regard to them in the War Dept itself. make this inquiry because Idcem it altogether unsafe for a committee of Congress to act on questions of this kind without 1st communicating with the Dept and getting the views of the Dept on the subject.
Mr. SPRAGUE. The War Dept have been consulted in reference to this matter, and as the troops were actually in the service of the Government and performed service, they are inclined to believe and feel that compensation should be allowed. These compa nies there were 5 of them, I believe actu all performed service under the command of a IgU.S. officer who was regularl mustered in; and he testifies that they perormed valuable service; but in the condition of affairs in the early years of the war the authority was not obtained which would have been obtained undoubtedly had the request been made of the Dept. The SecyWar informs us that if application had been made at the rope: time through the proper channel he has no doubt these forces would have been employed.
Mr. GUTHRIE. I move to amend the bill by striking out after the word “ rendered, ” in line 7, the words “while absent from their homes" and inscrtin in lieu of those words “and make them t a same allowances for rations and clothing;" so as to make the resolution read, “and to pay the said forces at the same rate for actual) service rendered, and make them the same allowances for rations and clothing as was allowed by law to other volunteer forces.” When General Morgan was at Cumberland Gap, upon which the confederate forces were pressing, he called out this militia force under Colonel Fish.
Mr. FESSENDEN. I understood from the statement in the report that they were called out bya militia otheer, and not by anqafliau of the U.S. soiflh
Mr. GUTHRIE. General Morgan the service of the U.S., and mand of Cumberland Gap. These tro 'Ierd called out to keep up his connections an maintain him in command of thatposition, and they went repeatedly from Lincoln and Rock Cas tle counties guarding provisions and supplies. They were the mountaineers in that section of country, and were enabled to communicate with General Morgan in the Gap. We know in Kentucky that t cy rendered valuable service. I had a conversation with the SecyWar upon this subject, and he thought the matter came properly within the scope of legislation by Congress, and referred to a case in Maryland where troops were called out under General Morris, I think. In that case the calling out of the troops had not the sanction of the general commanding, but they were called out in an emergency, and Congress passed a resolution authorizing them to be paid, and he said a resolution of this kind would be proper to authorize the SecyWar to pay these troops. He saw no reason why they should not be paid, but he could not pay them, as their calling out had not been sanctioned by the Commander in Chief, and he recommended that the case be brought to the legislature for action. The amendment which offer is to. explain to the accounting officers what their, their situation living in that mountain country duty will be under the JtResolution, that these men are to have tbe same provision that I other troops have. it is notorious in Kentucky that they were called out and did good service in keeping up communication with Cumberland a
Mr. SPR AGUE. The words “while absent from their homes" were inserted because it was not clearly set forth whether these men were actually at all times in the service or whether they were at stated points ready to be called upon whenever an emergency seemed to demand. There is nothing of that kind set forth in the petition or in the papers accompanyiu the jomt resolution. As regards rations an clothing, it is evident that if they were athome they would not require clothing or rations from the Government, as they did not come within the same scope as troops who were mustered into the service and were in camp. They might have been at their homes, ready at all times to be called upon as home guards. It was thought best by the committee to make this provision allowing them pay while they were absent from their homes. These men did perform military service under the order of the commanding general of the dept at that point; but the amount of service and the manner of mm dering it is not clearly set forth, and therefore the committee thought it well to put in a provision of this kind.
Mr. GUTHRIE. These men were called out for this service 150 miles from where they lived, guarded the suppliesto the Cumberland Gap, and returned. They were liable to be ordered away at any moment, and were ordered on service. I suppose the object is to deduct the time when they went home and staid all night, but they were in service during the whole time. I presume that these men having homes to go to, places to stay at, did probably, with permission of their officers, go ome sometimes to assemble again, but they were subject to call at all times, and probably had an agreed rendezvous to meet at.
Mr. FESSENDEN. If they were not mustered into service they were not subject to the call of the commander.
Mr. GUTHRIE. They were actually as much subject to call as if they had been mustered into service. They knew nothing about the difference between being mustered into service and not being mustered. They were under this officer, and they went at his bidding and at his orders, guarded the supplies, scoured the country, and did everything that men in "web bdwz. returned to the neighborhood, to their families. I think we had better leave the matter to be settled by the SecyWar. If they were substantially and fairly and honestly in the service, they ought to be paid; if they were not, of course they ought not to be paid.
Mr. SHERMAN. I am somewhat familiar with the calling out of the troops in the different States at the time of the Morgan raid, and also at the time that General Morgan, who commanded at Cumberland Gap, leftthat 0st, and I think the committee have establisbe the correct rule in allowing pay during the time these men were absent from home. gI suppose there were 30 or 40,000 at the same time called out in the same way in Ohio who run dezvoused at Cincinnati and oints above and below, and were engaged in he same service. It seems to me there ought to be no allowance made for rations or clothing, because the citizens generally fed them. at the time, and I know a good deal of the manner in which these volunteer soldiers were treated. Very few of them were put to any expense. Either the communities mm which they went or the cities or communities in which they were fed them, and they wore their ordinary clothes. It seems to me there is no necessity for any allowance of clothing or for.. rations. The committee have allowed them pay while they were absent from their homes and that, I think, is enough.
Mr. GUTHRI E. This resolution relates especially to the men who were called out at Cumberland Gap.
Mr. SHERMAN. They 0n ht to be paid for their services, but they mare ed no further than other troops marched in Ohio. GUTHRIE. They did not go to Ohio at a
Mr. SHERMAN. Iknow; butothertroops came from Ohio down to Kentucky.
Mr. SHERMAN. Yes, but they have not received anything for rations and clothing, and I think the same rule ought to be applied to all. The committee, it seems to me, have made a fair adjustment of this matter.
Mr. GUTHRIE. I withdraw the amendment. I think it is reasonable, but I do not want to have any skirmish about it.
The President T protempm e. The amendment is withdrawn. The JtResolution was reported to the Senate without amendment and orderengross for a 3rd reading. It was read the 3rd time and passed. MILITARY ACADEMY BILL. The Senate proceeded to consider its amendments to the bill (H.R.No. 37) makingippropriations for the support of the Military cad emy for the year ending the 30th ofJune, 1867, which were disagreed to by the HoRep.
Mr. FESSENDEN. I move that the Senate insist on its amendments and agree to the conference asked by the HoRep. The motion was agreed to.
The PRESIDENT protempore. How shall the committee be appointed?
Several Senators. By the Chair. By unanimous consent the Chair was authorized to appoint the committee; and Messrs. Fsssssnss, Coxxsss, and Rmnmz were appointed. mmnnv ACADEMY APPOINTMENTS. The Senate proceeded to consider its amendment to the JtResolution (H.R.No. 134) relative to a)pointments to the Military Academy of the U.S.s, which was disagreed to by the HoRep.
Mr. GRIMES. I call for the reading of the amendment which has been disagreed to.
The Secretary read it, as follows: H il a vacandidatesfor eachvacancy. all of whomshall he actual residentsof the congressional district, Territory or DistCol. entitled to the appointment: and the selection of oneshall be made from the candidates.accordingto their respectivemerits andqualifications.undersuch rules and rogulationsas the SecyWar shall from time to time prescribe: but this shall not apply to the an ointment of cadetsauthorisedby the POTUS.
Mr. WILSON. Is there any other amendment?
Mr. WILSON. I think the Senate had better recede than have a controversy over this matter. A committee of conference on everylittle hill here seems to me unnecessary. I move that the Senate recede from its amendment.
Mr. TRUMBULL. The Senfrom RhdIsland who offered it [Mr. Axrnoxv] is not in.
Mr. JOHNson. The provision stricken out by the House'was offered by the Senfrom RhdIsland. It would be better to wait, I think, until he is in his seat. I, Mr. WILSON. I move that the bill be laid aside for the present. h
The PRESIDENT profempore. That wi be done b common consent.
Mr. ANYTHONY subsequently moved that the Senate insist on its amendment, and a as to the conference asked by the HoRep. motion; tizrigaabp'peptmentz i‘ presen, ‘Hu ""r – tonmniuato shall nomi The motion was agreed to; and Messrs. Witsos, AN'rnoNY, and Hannnioits were appointed conferees on the part of the Senate. FORTIFICATION APPROPRIATION BILL. The Senate proceeded to consider its amendment to the bill (H.R.No. 255) making approriations for the construction, preservation, an repair of certain fortifications and other works of defense for the year ending June 80, 1867, which was disagreed to by the HoRep.
Mr. FESSENDEN. I move that the Senate insist on its amendment, and agree to the conference asked by the House. The motion was agreed to; and Messrs. Moaosn, Montana, and SAULSBURY were appointed conferees on the part of the Senate. woman’s HOSPITAL.
Mr. MORRILL. There is a bill on the table which comes from the HoRep amended. I desire to call it up and concur in the amendments. It is Senate bill No. 167, to incorporate the Women’s Hospital Association of the DistCol.
Mr. HOWARD. It is very nearly one o’clock, and I hope the JtResolution to amend the Constitution will be taken up.
Mr. MORRILL. This is pending simply on aquestion of concurring in the amendments made by the House to a bill of the Senate, and will not. occupy 2 minutes.
Mr. HOW RD. If it does not go beyond one o’clock I shall not object.
Mr. MORRILL. Let it come up. to take it up. The motion was agreed to; and the Senate Emceeded to consider the amendments of the HoRep to the bill (S.No.167) to incor crate the Women’s Hospital As sociation of the DistCol.
The PRESIDENT protem ore. The 1st amendment of the House has a ready been concurred The ccretary read the 2nd amendment of the HoRep, which was in the 1st section, has 3, after the name “Adelaide J. Brown ” to strike out all the names to and incluing that of “Mar K. Lewis, ” in line 7, except that of “ Mary W. Kelly, ” and to insert “Elmira W. Knap, Mary C. Havermer, Mary Ellen N ormcut, Jane Thom son, Maria L. Harkness, Isabella Mar garet Vashington, and Mary F. Smith.”
Mr. MORRILL. I move that the Senate concur in that amendment. I move in s "
Mr. MORRILL. I move that the Senate concur in that amendment. The motion was agreed to. The next amendment was in section 2 line 2 to strike out the word “ 12 ‘and insert “ 24” as the number of direct ors. The amendment was concurred in. The next amendment was in section 3, after the word “directors” at the end of line 3 to insert “to consist of the 1st 12 of the above named incorporalors." The amendment was concurred in. The next amendment was in section four, line one, after the word “ the” to insert “1st 12.” The amendment was concurred in. The next amendment was in section 5, after the word “Women” in line 3, to in'sert “and Lying in Asylum.” The amendment was concurred in. The next amendment was in section 5, line 4, after the word “with” to insert “board, loding.” The’amen‘dment was concurred in.
The PRESIDENT protempore. The amendments are completed. l DEATH OF GENERAL SCOTT.
The PRESIDENT protempore laid before the Senate the following message from the POTUS: To the Senate and HoRep: With sincere regret I announce to Congress l that Winfield Scott, late lieutenant general in l the Army of the U.S., departed this hfe at WestPoint, in the State of NewYork, on i the 29th day of May instant, at 11 o’clock in the forenoon. I feel well assured that congress will share in the grief of the nation which must result from its bereavement of a citizen whose high fame is identified with the military history of the Republic. ANDREWJOHNSON. Wisnixcros, May 30, 1866.
Mr. WILSON. I offer the following resolution: [Indeed by the Sennle.(the HoRep conciirrin.) That the ComMilAtfairsand the ilitia of the Senate and the comMilAffrs of the HoRep, be, and t cy are hereby, appointe ii.JtCommeeof the 2 Housesof conroseto take into consideration the message of the POTUSannouncing to Congressthe death of Lieutenant General Winfield Scott and to report what method should be ado ted by congress to man ifest theirappreciation of! 0 high character tried patriotism and distinguished pubin services of Lieu tenant General Winfield Scott, and their deep sensibility upon the announcementoi‘his death. There being no objection, the Senate proceeded to consider the resolution; and it was ado ted unanimousl.
Mr. WILSON. s this committee is to be a joint one, and the resolution will have to be acted on by the HoRep, I move, for the present, that the message of the President be laid upon the table, and printed. The motion was agreed to. RECONSTRUCTION.
Mr. HOWARD. I now move to take up House JtResolution No. 127. The motion was a eed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 127) proposing an amendment to the constitution of the U.S.
The PRESIDEN" ro tempore. The question is on the amendments proposed by the Senfrom Michigan, [Mr. Bowman]
Mr. HOWARD. The 1st amendment is to section one, declaring that “all persons born in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. declaratory of what I regard as the law of the land already, that every person born within the limits of the U.S., and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the U.S. This will not, of course, include persons born in the U.S. who are foreigners, aliens, who belong to the families of cmbassadors or foreign ministers accredited to the Government of the U.S., but will include every other class of persons; It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the U.S. This has long been a great desideratum in the jurisprudence and legislation of this country.
The PRESIDENT protempore. The 1st amendment proposed by the Senfrom Michigan wilFbe read.
The Secretary read the amendment, which was in line 9, after the words “section one, ” to insert: All persons born in the U.S., and subject to the jurisdiclion thereof.are citizens of the U.S and of the States wherein they reside. So that the section will read: Site. 1. All persons born in the U.S and subjectto the jurisdiction thereof are citizens of the U.S and of the States wherein they reside. have offered s simply I No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S. nor shall any State deprive any person of life, liberty or property. without due process ioont'ltahwe, equal protection of the law within its Juris
Mr. DOOLITTLE. I presume the honorable Senfrom Michigan does not intend by this amendment to include the Indians. I move, therefore, to amend the amendment I presume he will have no objection to it by insertiu after the word “thereof” the words exclu in Indians not taxed.” The amendment. would then read: All persons born in the U.S and subject to the jurisdiction thereof, excluding Indians not taxed, are citizens of the U.S and of the States wherein they reside.
Mr. HOWARD. I he e that amendment to the amendment will not eado ted. Indians born within the limits of the U.S., and who maintain their tribal relations, are not, in the sense of this amendment, born subject to the jurisdiction of the U.S. hey are regarded, and always have been in our legislation and jurisprudence, as being quan' foreign nations.
Mr. HOWARD. A very just and constitutional decision, undoubtedly.
Mr. HOWARD. There is a typographical error in the amendment now under consideration. The word “ State” in the 11th line is printed “States.” It should be in the singular instead of the plural number, so as to read “all persons born in the U.S and subject to the jurisdiction thereof are l citizens of the U.S and of the State" (not States) “wherein the reside." I move that that correction be m 0.
Mr. JOHNson. I suggest to the Senfrom Michigan that it stands just as well as it is.
Mr. HOWARD. I wish to correct the error of the printer; it is printed “States” instead Of “State.”
The PRESIDENT protempore. The correction will be made.
The PRESIDENT protempore. The question is on the amendment proposed by the Senfrom Wisconsin to the amendment of the Senfrom Michigan to the resolution before the Senate.
Mr. FESSENDEN. I rise not to make any remarks on this question, but to say that if there is any reason to doubt that this provision does not cover all the wild Indians, it is a serious doubt; and I should like to hear the opinion of the chairman of the ComJudiciary, who has investigated the civil rights bill so thoroughly, on the subject, or any other gentleman who has looked at it. I had the 1m ression that it would not cover them.
Mr. TRUMBULL. Of course my opinion is not any better than that of any other member of the Senate; but it is very clear to me that there is nothing whatever in the suggestions of the Senfrom Wisconsin. The provision is, that “ all persons born in the U.S., and subject to the jurisdiction thereof, are citizens.” That means “ subject to the complete jurisdiction thereof.” Now, doesthe Senfrom Wisconsin pretend to say that the Navajoe Indians are subject to the complete juris diction of the U.S.? what do we mean by “subject to the jurisdiction of the U.S.?’ Not owing allegiance to anybody else. That is what it means. Can you sue a Navajoe Indian in court? Are they in any sense subject to the complete jurisdiction of the U.S.? By no means: We make treaties with them, and therefore they are not subject to our jurisdiction. If they were, we would not make treaties with them. Ifwe want to control the Navajoes, or any other Indians of which the Senfrom Wisconsin has spoken, how do we do it? Do we pass a law to control them? Are they subject to our juris diction in that sense? ls it not understood that if we want to make arrangements with the Indians to whom he refers we do it by means of a treaty T The Senator himself has brought before us a great many treaties this session in order to get control of those people. If you introduce the words “ not taxed, ” that is avery indefinite expression. What does “excluding Indians not taxed” mean? You will have just as much dilficulty in regard to those Indians that you say are in Colorado, where there are more Indians than there are whites. Suppose they have property there, and it is taxed; then they are citizens.
Mr. TRUMBULL. this Senfrom Ohio says they ought to be. If they are there and within the jurisdiction of Colorado, and subject to the laws ofColorado, theyou btto becitizens; and that is all that is proposed. It cannot be said of any Indian who owes allegiance, partial allegiance if you lease, to some other Government that he is‘ subject to the jurisdiction of the U.S.” Would the Senfrom Wisconsin think for a moment of bringing a bill into Congress to‘ subject these wild Indians with whom we have no treaty to the laws and regulations of civilized life? Would he think of punishing them for instituting among them l selves their own tribal regulations? Does the Government of the U.S. pretend to take jurisdiction of murders and robberies and other crimes committed by one Indian upon another? Are they subject to onr jurisdiction in an just sense 'I They are not subject to our jurisdiction. We do not exercise jurisdiction over them. It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens. It seems to me, sir, that to introduce the words suggested by the Senfrom Wisconsin would not make the proposition any clearer than it is, and that it y no means embraces, or by any fair construction by any construction, Imay say could embrace the wild Indians of the plains or any with whom we have treaty relations, for the very fact that we have treaty relations with them shows that they are not‘ subject to our jurisdiction. We cannot make a treaty with ourselves; it would be absurd. I think that the proposition is clear and safe as it is.
Mr. TRUMBULL. Not except where it is done under special provision not with the wild Indians of the plains.
Mr. JOHNson. By special provision of legislation. That I understand. Iain refer rin to that. h
Mr. TRUMBULL. citizens of those brought under our jurisdiction in that way. Nobody objects to that, I reckon.
Mr. TRUMBULL. The Senfrom Maryland certainly perceives a distinction between the use of the words “excluding Indians not taxed” in the 2nd section and in the 1st. The 2nd section is confined to the States; it does not embrace the Indians of the plains at all. That is a provision in regard to the apportionment of representation among the several States.
Mr. JOHNson. The honorable member did not understand me. I did not say it meant the same thing.
Mr. HENDRICKS. Will the Senfrom Illinois allow me to ask him aquestion before he sits down?
Mr. HENDRICKS. I wish to know if, in his opinion, it is not a matter of pleasure on the part of the Government of the U.S., and especially of Congress, whether the laws of the U.S. be extended over the Indians or not; if it is not a matter to he decided b Congress alohe whether we treat with the ndians by treaty or govern them by direct law; in other words, whether congress has not the ower at its pleasure to exten the laws of the U.S. over the Indians and to govern them. A
Mr. TRUMBULL. I suslybse it w0uld have the same power that it has 0 extend the laws of the U.S. overtMexico and govern her if in our discretion we thought proper to I. " l extend the laws of the U.S. over the republic of Mexico, or the empire of Mexico, if you please so to call it, and had sufficient physical power to enforce it. I suppose you mu say in this case we have the power to do it, but it would be a violation of our treaty obligations, a violation of the faith of this nation, to extend our laws over these Indian tribes with whom we have made treaties saying we would not do it.
Mr. FESSENDEN. We could extend it over Mexico in the same way.
Mr. TRUMBULL. I say we could extend it over Mexico just as well; that is, if we have the power to o it. Congress might declare war, or, without declaring war, might extend its laws, or profess to extend them, over Mexico, and if we had the power we could enforce that declaration; but I think it would be a breach of good faith on our part to extend the laws of the U.S. over the Indian tribes with whom we have these treaty stipulations, and in which treaties we have agreed that we would not make them subject to the laws of the U.S. There are numer ous treaties of that kind.
Mr. VANWINKLE. If the Senator will permit me, I wish to remind him of a citation from a decision of the Supreme Court that he himself made here, I thin, when the veto of the civil rights bill was under discussion; and if I correctly understood it, as he read it, the Supreme Court decided that these untaxed Indians were subjects, and distinguished between sub'eets and citizens.
Mr. TR 'MBULL. I think there are decisions that treat them ns subjects in some respects. In some sense they are regarded as, within the territorial boundaries of the U.S., but I do not think they are subject to the jurisdiction of the U.S. in any legitimate sense; certainly not in the sense that the language is used here. The language seems to me to c better chosen than it was in the other bill. There is a difficulty about the words, “Indians not taxed.” Perhaps one of the reasons why I think so is because of the persistenc with which the Senfrom Indiana himse f insisted that the phrase “ excluding Indians not taxed, ” the very words which the Senfrom Wisconsin wishes to insert here, would exclude everybody that did not pay a tax; that that was the meaning ofit; we must take it literally. The Senfrom Maryland did not agree to that, nor did I; but if the Senfrom Indiana was right, it would receive a construction which I am sure the Senfrom Wisconsin would not be for; for if these Indians come within our limits and within our jurisdiction and are civilized, he would just as soon make a citizen of a poor Indian as of the rich Indian.
Mr. HOWARD. I hope, sir, that this amendment will not be adopted. I regard the language of the section as sufficiently certain and definite. If amended according to the suggestion of the honorable Senfrom Wisconsin it will read as follows: All personsborn in the U.S., and subject to the jurisdiction thereof exuludlng Indians not. taxed. are citizens of the U.S., and of the State wherein they reside. They Suppose we adopt the amendment as suggested by the honorable Senfrom Wisconsin, in what condition will it leave us asto the Indian tribes wherever they are found? according to the ideas of the honorable Senator, as I understand them, this consequence would follow: all that would remain to be done on the part of any State would be to impose a tax upon the Indians, whether in their tribal condition or otherwise, in order to make them citizens of the U.S. Does the honorable Senfrom Wisconsin contemplate that? Does he propose to leave this amendment in such a condition that the State of Wisconsin, which he so ably represents here, will have the right to impose taxes upon the Indian tribes Within her imits, and thus make of these Indians constituting the tribes, no matter how numerous, citizens of the U.S and of the State of Wisconsin? That would be the direct effect of his amendment if it should be adopted. It would, in short, he a naturalization, whenever the States saw fit to impose a tax upon the Indians, of the whole Indian race within the limits of the States.
Mr. CLARK. The Senator will permit me to suggest a case. suppose the State of Kansas, for instance, should tax her Indians for live years, they would be citizens.
Mr. CLARK. But if she refuse to tax them for the next ten years how would they be then? Would the be citizens or not?. j“
Mr. HO VARD. I take it for granted that: 'when a man becomes a citizen of the U.S. under the Constitution he cannot cease to be a citizen except by exatriation or the commission 0 some crime y which his citii lgnship shall be forfeited.
Mr. HOWARD. The continuance of the quality ofcitizenship would not, I think, depend upon the continuance of taxation.
Mr. CLARK. But still he would be an “Indian not taxed.”
Mr. CLARK. The point I wish to bring the Senator to is this: would not the admission of a provision of that kind make a sort of shitting use of the Indians?
Mr. HOWARD. Yes, sir. Why? Because the jurisdiction of the nation intervenes and casts what would otherwise be perhaps a right of jurisdiction of the U.S. But the great objection to the amendment to the amendmentis that it is an unconscious attempt on the rt of my friendfrom Wisconsin to naturalize all the Indians within the limits of the U.S. I do not agree to that. I am not quite so liberal in my views. I am not yet prepared to pass a sweeping act of naturalization by which all the Indian savages, wild or tame, belonging to a tribal relation, are to become my fellow citizens and 50 to the polls and vote with me and hold bin 5 and deal in every other wa that a citizen of the U.S. has a ri t to do.
Mr. DOOLITTLE. I take a little issue with my friendfrom Maine on that point as a question of fact.
Mr. FESSENDEN. In the 1st place, this was not brought forward by the committee of 15 at all.
Mr. DOOLITTLE. This proposition was 1st introduced into the House by a Gentfrom Ohio by the name of BINGHAM.
Mr. FESSENDEN. I thought the Senator was speaking of this 1st part of the section, the amendment, not the whole.
Mr. DOOLITTLE. No, sir; that is proposed by the Senfrom Michigan. As I understand, a member from Ohio, Mr. BINGBAM, WI10 in a very able 5 eech in the House maintained that the civil rights bill was without any authority in the Constitution, brought forward a prop position in the HoRep to amend the Constitution so as to enable congress to declare the civil rights of all persons, and that constitutional amendment,
Mr. BING HAM being himself one of the committee of 15, was referred by the House to that committee, and from the committee it has been reported. I so I have a right to infer that it was because ll
Mr. BIXGHAM and others of the HoRep and other persons upon the committee had doubts, at least, as to the constitutionality of the civil rights bill that this proposition to amend the Constitution now appears to give it validity and force. It is not an imputation upon anyone.
Mr. GRIMES. It is an im utation upon every member who veted for tie hill, the inference being legitimate and logical that they violated their oaths and knew they did so when they voted for the civil rights bill.
Mr. DOOLITTLE. The Senator goes too far. What I so is that they had doubts.
Mr. FESSEL DEN. I will say to the Son ator one thing: whatever may have been Mr. Bixoium’s motives in bringin it forward, he brought it forward some time cfore the civil rights bill was considered at all and had it referred to the committee, and it was discussed in the committee long before the civil rights bill was passed. Then I will say to him further, that during allthe discussion in the cominittee that I heard nothing was ever said about the civil rights bill in connection with that. It was place on entirely different grounds.
Mr. DOOLITTLE. I will ask the Senfrom Maine this question: if Congress, under the Constitution now has the power to declare that “all persons born in the U.S., and not su.jcct to an foreiwn Power, excluding Indians not taxc, are creby declared to be citizens of the U.S., ” what is the necessity of amending the Constitution at all on this subject?
Mr. FESSENDEN. I do not choose that the Senator shall get off from theissue be presented. I meet him right there on the 1st issue. If he wants my opinion upon other questiOns, he can ask it afterward. He was saying that the committee of 15 brought this proposition forward for a specific object.
Mr. DOOLITTLE. I said the committee of 15 brought it forward because they had doubts as to the constitutional power of congress to pass the civil rights bilf.)
Mr. FESSENDEN. Exactly; and I say, in reply, that if the had doubts, no such doubts were stated in the committee of 15, and the matter was not put on that ground at all. There was no question raised about the civil rights bill.
Mr. DOOLITTLE. Then I put the question to the Senator: if there are no doubts, why amend the Constitution on that subject?
Mr. FESSENDEN. That question the Son ator may answer to suit himself. It has no reference to the civil rights bill.
Mr. DOOLITTLE. That does not meet the case at all If my friend maintains that at this moment the Constitution of the U.S., without amendment, gives all the power you ask, why do you put this new amendment into it on that subject?
Mr. HOWARD. If the Senfrom Wisconsin wishes an answer, I will give him one such as I am able to give.
Mr. DOOLITTLE. Iwas asking the Senfrom Maine.
Mr. HOWARD. I was a member of the same committee, and the Senator‘s observations apply to me equally with the Senfrom Name. We desired to put this question of citizenship and the rights of citizens and freedmen under the civil rights bill beyond the legislative power of such gentlemen as the Senfrom Wisconsin, who would pull the whole system up by the roots and destroy it, and expose the freedmen again to the oppressious of their old masters.
Mr. DOOLITTLE. The Senator has made his answer I suppose. in. Hoivnni). Yes, sir.
Mr. DOOLITTLE. Mr. President, when the Senator undertakes to say that I have any disposition to subject the freedmen to the despotism of their old masters, he says that which there is not a particle of foundation or excuse for sayin. Isa to that Senator
Mr. HCWAR. I beg the Senator to allow me one word. I made no personal imputation against the Senfrom Wisconsin.
Mr. DOOLITTLE. I desire to finish my sentence before being interrupted.
Mr. HOWARD. I will not be forced by the Senator into a false ositiou.
Mr. SAULSBURY. I do not presume that anyone will pretend to disguise the fact that the object of this 1st section is simply to declare that negroes shall be citizens of the U.S. There can he no other object in it, I resume, than a further extension of the legislative kindness and beneficence ofCongress toward that class of people. "The poor Indian. whoseuntutored mind. SeesGod in clouds or hearshim in the wind." was not thought of. I say this not meaning it to be any reflection upon the honorable committee who reported he amendment, because for all the gentlemen composing iIt have a high respect personally; but that is evidently the object. I have no doubt myself of the correctness of the position, as a question of law, taken by the honorable Senfrom Wisconsin; but, sir, I'fcel disposed to vote against his amendment, because if these negroes are to be made citizens of the U.S., I can see no reason in justice or in right why the Indians should not be made citizens. If our citizens are to be increased in this wholesale manner, I cannot turn my back upon that persecuted race, among whom are many inte ligent, educated men, and embrace as fellow citizens the negro race. I therefore, as at present advised, for the reasons I have given, shall vote against the proposition of my friendfrom Wisconsin, although I believe, as a matter of law, that his statements are correct.
The PRESIDENT protempore. The question is on the amendmentof the Senfrom Wisconsin to the amendment proposed by the Senfrom Michigan.
Mr. DOOLITTLL. ua s on that question. he veas and iiays were ordered. Mr. VANWINKLE. I desire to have the amendment to the amendment read.
The Secretary read the amendment to the I ask for the yeas and amendment, which was to insert after the word “thereof” in the amendment the words “exeludin Indians not taxed;” so that the amendment, if amended, would read: All personsborn in the U.S and subject to the Jurisdiction thereof excluding Indians not taxed. are citizens of the U.S and of the State wherein theyreside. The question being taken by yeas&nays, resulte yeas 10, nays 30; ABSENT 9. So the amendment to the amendment was rejected.
The PRESIDENT protempore. The question now is on the amendment of the Senfrom Michigan.
The PRESIDENT protemporc. The next amendment proosed by the Senfrom Michigan [Mr. owsan] will be read.
The Secretary read the amendment, which was in section two, line 22, after the word “male, "to strike out the word “citizens” and insert “inhabitants, being citizens ot the U.S.;" so as to make the section read: Sun. 2. Representatives shall beap portionedamong the several (ateswhich may be included within the Union. accordingto their respective numbers, counting the wholonuuiber of persons in each State, excluding Indians not taxed. But whenever, in anyState. the elective franchise shall bed ei iiet do any portion of its male inhabitants, being citizens of the U.S.not less than 21 years of age or in any way abridged.exceptforparticipation in rebellion or other crime. the basisof representation in such State shall be reduced in the proportion which the number of such malecitizens sha I bear to the whole number of malecitizens not.lessthan 20 onoyearsof ago.
Mr. JOHNson. Is it supposed that that amendment changes the section as it was before? It appears to me to be the same as it was before, because, although the word “ inhabitants” is used, it is in connection with the other words that they are to be citizens of the U.S. As it originally stood it read: But whenever.in any State, the elective franchise shall be deniedto any portion of its male citizens.
Mr. FESSENDEN. The object is the same as in the amendment already made, to prevent a State from sayin that although a person is a citizen of the U.S. he is not a citizen of the State.
Mr. HOWARD. The object is to make section 2 conform to section one, to make them harmonize.
Mr. SAULSBURY. Is it in order now to offer an amendment to the 1st section?
The PRESIDENT protempera. There are several more amendments before the Senate, offered b the Senfrom Michigan, [Mr. Howsnnj not yet acted upon. the next amendment offered by him will be read.
The Secretary read the amendment, which was to add at the end of section 2 the words “in such State.”
Skip Skip The amendment was agreed to. The next amendment was to insert as section 3 the following: SEC. 3. That no person shall be a Senatoror Representativein Congress, or elector of President and VEEP, or hold any office, civil or military. under the U.S or under any State.who. having previously tziken an oath. in a member of Congress, or asan officer of the U.S or as a member of any StateLegislature, or asan execu 2 or judicial oiiiccif of any State, to supportthe ponstitutiono!the U.S shall have enzgltzed in insurrection or rebellion against the same. Or mven aid or comfortto the enemiesthereof. But Congress mu. b y a vpteof 2/3rds of eachHouse.remove sue i disability.
Mr. HOWARD. will not be adopted. stitntional oath referred to by the Senfrom Indiana preciselyin the same light in which he resents it. If I understand him rightly, he iolds that although a person may have taken that constitutiona oath, if he has not commit ted insurrection during the continuance of his term of office, but commits that not after the expiration of that term, the previous taking of the oath by him adds to the not no additional moral uilt. I do not concur with him in that view. t seems to me that where a person has taken a solemn oath to support the Constitution of the U.S. there is a fair moral implication that he cannot afterward commit an “Pt which in its effect would destroy the I hope this amendment introduced to designate that class of persons, I do not regard the con' Constitution of the U.S. without in curring the guilt of at least moral perjury. I desire to see such a comment made upon this violation of the oath of office by insurgents as will stigmatize that act for all time to come, and I think the loyal people of the U.S. are of the same opinion.
Mr. SAULSBURY. I had supposed that the Senate would adopt this amendment without nny discussion. The proposition of the Senfrom Indiana, in my judgment, is so plain that I did not suppose it could have been questioned, that the oath a person takes when he enters upon the exercise of an olficc, or as preparatory to the discharge of the duties of an office, relates simply and solely to that office and does not extend beyond it. I never heard the interpretation of the oath of office as given by the Senfrom Indiana questioned before. I shall therefore vote for his amendment.
Mr. JOHNson. I am opposed to the amendment as proposed by the committee, and shall vote, therefore, for the amendment suggested by the member from Indiana, because the former excludes too many persons from eligibility to office. All history shows, as I think, that on the conclusion of a civilWar, the more mild, consistently with the safety of the country, the measures are which are adopted the better for the restoration of entire peace and harmony. The effect of the amendment of the committee will be to embracenine 10th s, erhaps, of the gentlemen of the South, to disranchise them until Congress shall think proper by a majority of 2/3rds of each branch to remove the restriction. I have noideathnt with. cm a provision like this, the constitutional amendment. will receive the sanction of any southern State, for if the suggestion of the member from Indiana is not ado ted then all who have at any time held any office under the U.S or who have been in any branch of the Legislature of a State, which the could not be without takin the oath require by the constitution of the U.S., are to be excluded from holding the office of Senator or Representative or that of an elector for President, or, any office, civil or military, under the U.S.; and not satisfied with that, all who have held office under any State, military or civil, legislative or judicial, are to full within the inhibition.
Mr. FESSENDEN. Those who have been members of a State Legislature.
Mr. JOHNson. And all that have held judicial office. They are all obliged to take the oath.
Mr. FESSENDEN. The Senator will observe it is following the constitutional provision.
Mr. MORRILL. Let me call the Senator’s attention to the words “or hold any office, civil or military, under the U.S.”
Mr. JOHNson. Perhaps I am wrong as to the exclusion from the Presidency; no doubt I am; butI was misled by noticing the specific exclusion in the case of Sens&Reps. But I submit to the Senate whether it is advisable, whether it is p'olitic, lookin to the end which we all seek to accomplish, the true restoration of the Union, a union of hearts as well as a union of hands, that you should exclude the large mass of people from participating in the honors of the government who will be excluded by this provision.
Mr. HENDRICKS. It is proper, perhaps, I should say that I do not expect. to vote for the 3rd section whether the amendment which I prouse he adopted or not; but I suppose that IP understood the purpose of the caucus, from which this amendment came, to be to exclude the men who violated their oath of office when they went into the rebellion, who added moral perjury to the crime of violating their allegiance. I thought the language went further than the caucus intended, an therefore I moved this amendment with a view of confining the section to the very case which I had a right to presume was intended to be met. If my amendment be adopted, it will leave the section to exclude all persons who at the time they went into the rebellion were under ie obligation of an official oath to support the Constitution of the U.S.
Mr. SHERMAN. I would ask my friend, the Senfrom Indiana, whether it excludes those who resigned an office in the U.S. Army, for instance, for the purpose of going into the rebellion. Does not his am udment exclude from the operation of the sec ion those who held office an or the U.S., resigned it, and then went into the insurrection, as in the ease of General Lee?
Mr. HENDRICKS. I think not. If the Senator will observe the language he will see that it has not the effect which he fears. I use the words “during the term of his office.” A man’s term does not expire because he resigns his office. If a man holds an office the term of which the law fixes at 4 ears, the term is 4 years. If he holds an 0 cc during good behavior, the term is thus fixed; the resignation of an officer does not put an end to the term; that is judicially settled. In someof the States, for political purposes, it is provided in the constitution that a man electe to a judicial office shall not, during the term of the office 1‘0rwhich he was elected, be eligible to any other office. Judicial officers holding office under a constitution like that have resigned during the term and been elected to other offices, executive, perhaps, in their character, and the courts have a ways held that they could not take the office to which they were elected when the term of the previous office was fixed by law. That is clear law, Ipresuinc, so that I think the word “term” excludes all men who, at the time they went into the rebellion, were under the obligation of an official oath to support the U.S. constitution.
Mr. VANWINKLE. I hope the Senator will make that point. clear.
Mr. HENDRICKS. Ifthese words willmake it any more conclusive, I am willing to say, “during the term of office for which he was elected or appointed;” but I think the expression “during the term of the office" is equally comprehensive.
Mr. JOHNson. I move now to amend the amendment by striking out all after “ States" in line 35 down to the word “State” in line 36. The words which I proposeto strike out are “or as a member of any tote Legislature, or as an executive or judicial officer of any State.” I ask for the yeas&nays on this. he yeas and nuys were ordered.
Mr. COWAN. I am opposed to this section in tofu. I am opposed to the infliction of punishment of any kind upon anybody unless by fair trial where the party himself is suin moned and heard in due course of law. I am 2900 May 32: as much opposed to a bill of pains and penal tics, or to the exercise of judicial power by Congress through the medium of an amendment to the Constitution, as I am opposed to it in an act of Congress where it is expressly forbidden, and in any vote which I give upon proositions to modify this section I do not wish to be understood as being willing to vote for that principle in any event. he guestion being taken by yeas&nays, resulte yeas 10, nays 32; ABSENT 7. So the amendment to the amendment was rejected.
Mr. JOHNson. I now move to amend the amendment by striking out in line 33 the words “ having previously taken” and inserting “at any time within ten years preceding the 1st of January, 1861, had taken;” so‘ as to make it read: No person shall be a Senator or Representative in Congress or elector of President and VEEP or hold any office.civil or military. under the U.S or under any State.who at any time Within ten years preceding the 1st of Januar. 1861. had taken an oath as a member of Congress.0. I ask for the yeas&nays on this proposition. The yeas&nays were ordered; and being taken, resulted yous 10, nays 32; 7. So the amendment to the amendment was rejected.
The PRESIDENT protampon. The question recurs on the amendment of the Senfrom Michigan, [Mr. HOWARD] to insert the words which have been read as the 3rd section of the proposed article of amendment to the Constitution.
Mr. VANWINKLE. I am induced, by a remark made by the Senfrom Ohio, to make an inquiry. I understood him to say that the meaning of the last clause of this section, which clause tends to reconcile me to the whole section is that there can only be a general removal of the disabilit by a general amnesty; and although he did not say distinctly that there could not be a removal of the disability in an individual case. I should like to know what is the understanding, at least of the mover of this proposition, in reference to that point. This is to go into our Constitution and to stand to govern future insurrection as well as the present; and I should like to have that point efinitely understood. I would suggest, although I do not make the motion. that instead of “2/3rds of each House” we should insert “ a majority of all the members elected to each House.” It strikes me that it is very difficult to get a 2/3rd s majority unless under very peculiar circumstances on anything, and that a majorit of all the members elected to each House, which is bein substituted for the 2/3rd s vote in many 0 our State Legislatures, would be sufficient in the present case.
Mr. HOWARD. If I understood the inquiry put by the honorable Senfrom WestVirginia, it was whether the latter clause in section 3 would not require a general not to be passed by Congress removing the disabilities in all cases. I do not so understand the clause. I understand that the clause gives to Congress full discretionary power to grant an amnesty in an individual case, when applied persons here proscribed may be pardoned, or rather this disability may e removed as to any portion of them in detail or in gross. In short, I regard it as a discretionary authority given to Congress, to be exercised by congress in individual instances, or in any other form that Congress may see fit to exercise the power. I entertain no doubt whatever that such will be the construction that will be put upon it.
Mr. VANWINKLE. I am entirely satisfied with the explanation; but I was induced to make the inquiry by a remark of the Senfrom Ohio, who, I supposed, spoke with knowledge, that it only applied to a Generalamnesty. The language certainly would cover the removal of the disabilityin individual cases.
Mr. SHERMAN. I did not hear the Senfrom WestVirginia, and I beg him to repeat his statement.
Mr. VANWINKLE. I so I am satisfied with the exlanation made by the Senfrom Michi u; but I had understood the Senfrom Ohio while u a few moments ago to give the last clause oft is amendment the interpretation that it would not be in the power of Congress to remove the disability in individual cases. I understood the Senfrom Ohio to say that Congress would have the power b a general amnesty to remove this disability. he Senator spoke generall. He may not have intended to contradict the other power; and I made the inquiry to be certain on that point.
Mr. SHERMAN. I have no doubt that the larger power includes the other. The power to make a general amnesty would inclu e the power to make an amnesty as to classes or particular individuals. I do not think there is any douu about that.
Mr. SAULSBURY. I move to amend the amendmentby inserting after the word “House” in the fortieth line, the words “ and the President muy by the exercising of the pardoning power;" so as to make the clause read: Congress may by a vote of 2/3rds of each House and the President may by the exercise of the pardoning power remove such disability.
Mr. HOWARD. I hope that amendment will not be adopted.
Skip Skip Mr. SAULSBURY. I call for the yeas&nays upon it. I‘he yeas&nays were ordered; and being taken, resulted yous 10, nays 32; ABSENT 7. So the amendment to the amendment was rejected. The PRESIDENT protempera. The question recurs on the amendment offered by the Senfrom Michigan to insert certain words as the 3rd section. Mr. HOWARD. nays. I‘he eas&nays were ordered.
Mr. DOOLITTLE. I will state briefly why I cannot vote for this amendment as a substitute for the 3rd section of the resolution which has been stricken out. My 1st reason is that by a law of Congress now all persons mentioned in this section are excluded from holding any of these offices. The oath that is required by a law of Congress to be taken by every person holding an office under the U.S.
Mr. TRUMBULL. Does that prevent their holding a State office?
Mr. NPYE. How many would you like to hang?
Mr. DOOLITTLE. The Senator himself stated the other day that 5 or 6 would be enough to hang.
Mr. DOOLITTLE. I thinkI ought to be satisfied if the Senfrom Nevada is satisfied with 5 or 6. But Mr. President, I have another objection which weighs, erhaps, still more upon my mind than those I have stated. The insertion of this section into this constitutional amendment, if these provisions are not to be submitted separately, tends to prevent the adoption of the amendment by a su 'cient number of States to ratify it. You say every day that you cannot et a jury under the laws of several of the States, Virginia and others; that today the state of public opinion is such that you cannot get a diury who would convict a person of crime, an yet you propose to submit this constitutional amendment to be passed upon by the people of those States to determine the question whether they will adopt a constitutional amendment ugon a popular vote, which constitutional amendment on its face declares that all of those men who have ever taken an oath to support the Constitution of the U.S. are orever to be excluded from holding office under the U.S or within the State unless 2/3rds of Congress will consent to give them the privilege. Sir, what States will) adopt it? It is possible that some one, two, perhaps 3, of those States to be affected by this amendment may ado tit. ll
Mr. LANE, of Kansas. 4 will accept that part of it.
Mr. LANE, of Kansas. Virginia, Tennessee, Arkansas, and Louisiana. I saw some gentlemen on Monday from Tennessee, and talked with them about this particular clause, and they told me it would be the most popular thing that could be tendered. And the very men that you want to hang ought to accept it joyfully in lieu of their han ng. [Laughter]
Mr. DOOLITTLE. The Senfrom Kansas, perhaps, has information on this subject that other Senators do not possess.
Mr. LANE, of Kansas. saw those gentlemen on Monday.
Mr. DOOLITTLE. I do not know who those particular gentlemen were. Were they the gentlemen that deserved hanging or not? [Laughten]
Mr. LANE, of Kansas. They were conservatives from Tennessee.
Mr. SHERMAN. If it will not interrupt my friendfrom Wisconsin I should like to ask him a question, whether there is in history an example of an insurrection of the most ordinary character terminating with no punishment to any man, no deprivation of property, no deprivation of franchise, no deprivation of any right whatever except the right to hold office; whether ever more onerous terms were held out to personswho hat been engaged in insurrection than are here proposed?
Mr. DOOLITTLE. Iunderstand, then, my friend, the Senfrom Ohio, to admit that adopting this section does away with all further punishment.
Mr. SHERMAN. No; I do not think this will prevent your hanging 4 or 5.
Mr. DOOLITTLE. Iunderstood the senator by his qluestion to admit that adopting this repeals n 1 other penalties as against the men included within the section.
Mr. SHERMAN. Not at all. If the senator wants to take the blood of 4 or 5 I amlperfectly willin.
Mr. DOOLITTLE Mr. President. I deem this entirely unnecessary, as I state at the beginning. I deem it as the adoption of a new punishment as to the persons who are embraced within its provisions, and therefore the abolition of the existing punishment; and I deem it as tendin to prevent the adoption of the amendment y a sufficient number of States to secure the ratification 6f the other office. part of the constitutional amendment. If this is to be inserted as a part of the amendment, to be submitted as a part and parcel of the whole, so that the whole must be taken together and the different sections shall not be acted upon separately, it will tend to prevent its adoption, and preventing its adoption has no other tendency or effect than to keep open this difficult for years to come.
Mr. TRUMBULL. I do not suppose we I shall get any vote on this matter to mght. If thought so I should not take up any time; but I can hardly forbear saying a word 9r 2 in reply to the Senfrom Wisconsin, [Mr. DOOIJTTLE. They seem to have peculiar notions in isconsrn in regard to offices, and the Senator who has just taken his seat regards it as a punishment that a man cannot hold an Why, sir, how many suffering people there must be in this land! He says this is a bill of pains and penalties because certain persons cannot hold office; and he even seems to think it would be preferable in some instances to be hanged. He wants to know of the Senfrom Ohio if such persons are to be excepted This clause, I an pose, will not embrace those who are to be anged. When hung they will cease to suffer the pains and penlaties of being kept out of office. I recol lbet having seen in the newspapers I do not know whether it is true or not; I ver seldom allude to newspaper articles but saw in some of the newspapers that an officer of this Government, who was supposed to control some patronage in the mine r offices of the country, spoke of the officers as “eating the bread and butter of the President.” I recollect the Senfrom Wisconsin himself in a speech some daus ago, spoke of the President’s officers. The President has got no officers.
Mr. TRUMBULL. The Senator spoke of their being responsible to the President. f Mr. DOOLH‘TLE. So I did, and that is a set.
Mr. DOOLITTLE. They are responsible to the President.
Mr. TRUMBULL. They are responsible to the law of the land and not to the President.
Mr. GRIMES. Let us go into executive session.
Mr. HENDRICKS. Ifthere is any business in executive session desirable to be done, I will give way.
Mr. GRIMES. I move that the Senate proceed to the consideration of executive business. “No, no; it is too
The PRESIDING OFFICER late(Mr. Poiiiaov in the chair.) The Senfrom Iowa moves that the Senate proceed to the consideration of.executive business.
Skip Skip The question being put on motion, a division was called for. Mr. SHERMAN. If there is any controvers about iIt, move that the Senate adjourn. T a motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, May 30. 1866. The House met at 12 o’clock in. The Journal of yesterday was read and approved. CALL or COMMITTEES.
The Speaker stated the 1st business in order to be the call of committees for reports, commencing with the select committee on war debts of loyal States. was bears or LOYAL STATES.
Mr. BLAINE. I am instructed by the committee on wardebts of loyal States to report a bill to reimburse the States which have furnished troops to the Union Army for advances made and expenses incurred in raising the same. On a conference with the members of the special committee and the friends of this bill generally in the House, I find an indisposition to consider and press it at this time. I have therefore, yielded my own judgment in regard to it and make the following motion: that the bill be reconimitted to the select committee on war debts of loyal States, and that the same be continued as now organized, with leave to report at the next session, by bill or otherwise. ‘here was no objection, and it was ordered accordingly. WAR DEBTS OF KANSAS.
Mr. BLAINE, from the same committee, reported back House bill No. 259, to reimburse the State of Kansas; which was referred to the ComAppropriat.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Foassr, its Secretar, ruitifyingthe House that that body had passe House bill No. 11, to facilitate commercial, postal, and military communication among the several States, with amendments, in which he was directed to ask the concurrence of the House. Alli LINE RAILROAD.
Mr. STEVENS. I am instructed by the select committee on a military and ostal railroad from Washington to NewYorkto report back House bill No. 91, to authorize the buildington, DistCol, to the city of NewYork. I do not see the Gentfrom Maryland [Mr. FTHOMAS] in the House, and such being the case, I move that the bill be recommitted, and now enter a motion to reconsider, giving notice that I shall call it up in about a week. It was ordered accordingly. RAILROAD LINE TO THE NORTHWEST.
Mr. STEVENS. Unless some gentleman desires to oppose the bill, I shall call for the previous question.
Mr. BLAINE. I do not know that I am opposed to the bill, but I should like to have some explanation of it. It strikes me as a most extraordinary bill on which to demand the previous question. I think it ought to have an amendment that the county commissioners throughout the U.S shall be abolished an let Congress do their duties.
Mr. STEVENS. If the gentleman will move to confine the operations to his own county in Maine, I will not object.
Mr. BLAINE. My own county is not one that invokes the special power of Congress for such a purpose.
Mr. BLAINE. I hope we shall have some little discussion. The question being taken on 2nding the demon for the previous question, no quorum voted. Tellers were ordered; and Messrs. STEVENS and Ascosa were appointed. I call the previous ques ti
Mr. FARNSWORTH. Is this a bill to open communication with the West?
Mr. STEVENS. Yes, sir; by the Baltimore and Ohio railroad to Pittsburg.
Skip Skip The House divided; and the tellers reported ayes 66, noes 28. So The previous question was 2nded. The main question was then ordered; and under the operation thereof the bill was ordered to be engrossed and read a 3rd time. r. ELDRIDGE. I call for the reading of the engrossed bill.
The Speaker. It is not here, and the bill goes to the Speaker’s table.
Mr. STEVENS. What will be its condition?
The SPEAKER. After the morning hour the majority may make an order to o to the business on the Speaker‘s table, an then it will come up.
Mr. STEVENS. I do not considerthat a fair way of opposing it. Subsequently Mr. STEVENS mtRtv the bill was orderengross and read a 3rd time. CLEVELAND AND MAHONING RAILROAD.
Mr. GARFIELD, from the select committee on a military and ostal railroad from Washington to NewYork, reported back House bill No. 637, to authorize the Cleveland and Ma' honing Railroad Company, a corporation cre ated and existing under the laws of the States of Ohio and Pennsylvania, to continue and construct the railroad of said company from the village of Youngstown, Mahonin'g county, in said State of Ohio, to and into the said State of Pennsylvania, and thence by the mostadvan tageous and practicable route to the city of Pittsburg in said State of Pennsylvania, and to establish said read as nmilitnry, ostal, and commercial railroad of the U.S. The question was on ordering the bill to be engrossed and read a 3rd time. I‘he bill was read in full.
Mr. LeBlOND. I wish to inquire in what stage this bill is before the House.
The Speaker. It was read a 1st and 2nd time, referred to the committee, and resorted back; and the question now is on or ering it to be engrosse and read a 3rd time.
Mr. LeBlOND. I have not had an opportunity to examine the bill, but it seems to embrace features which, if I understand them aright, I can under no circumstances vote for. I therefore call for the reading of the engrossed l.
Mr. GARFIELD. The gentleman cannot do that until it has been orderengross.
The Speaker. After the previous question is 2nded and the main question ordered, if the bill is orderengross the gentleman can then demand the reading of the' engrossed bill.
Mr. LeBlOND. I shall reserve that right.
Mr. STEVENS. The people of Pennsyl vania demand it also.
Mr. GARFIELD. I have no doubt of that. I believe it is for the best interest of Pennsyl vania that this line should be opened.
Mr. WILSON, of Iowa. I would ask the gentleman whether this bill confers any other powers on the corporation than those derived from the charters originall granted by the States of Ohio and Pennsylvania.
Mr. GARFIELD. It does not, except in this: it provides that the same contingency which has he pened in the ease of the connellsville we shall not happen in this case, namely, that when the charter of the Pennsyl vania end of the road had been repealed and the parties applied to the circuit court of the U.S., which decided that the repeal was unconstitutional, adverse parties then went to the State courts and undertook to obstruct its operations by exations suits of various kinds.
Mr. BLAINE. Do I understand the Gentfrom Ohio [Mr. Gsnrxsu) to say that the State courts have overruled tedecisions of the U.S. courts?
Mr. GARFIELD. I say that suits were brought in the State courts for injunctions against assing over certain lands along the road. ow, I wish to say that it is provided in this bill that the company may go to the district or circuit court of tllie U.S and obtain the right of way. That is the additional legislation in this bill.
Mr. WILSON, of Iowa. I would ask the gentleman if this bill recognizes and preserves the identical corporation created by the acts of the Legislatures of the States of Ohio and Pennsylvania.
Mr. GARFIELD. It does. This billis not in the interest of any set of men to create them a corporation. It simply declares that the corporation created by teLegislatures of the States of Ohio and Pennsylvania may go for ward in accordance with the terms of its charter and complete the work as its charter authorized it to do, notwithstanding the repeal of that charter.
Mr. O’NEILL. I would like to ask the gentleman this question: has the State of Pennsylvania violated any right which was given to this railroad company when it was incorporated by the Legislature of Pennsylvania?
Mr. GARFIELD. In no other way than by taking away all the rights which had vested in the corporation, and that, too, after it had expended arge sums of mone, and had alarge portion of its road complete and in running order. If that is not taking away any rights, then it has not taken away any of them. And this, let me say, was done without a hearing, without any legal process in the courts, but by the mere force of votes in the Legislature.
Mr. O’NEILL. Just as this bill may be plass'ed here, by the mere brute force of this house. I would now ask the gentleman another question. I have not seen the charter of this road in so far as it runs through the State of Pennsylvania; but I presume in that charter there was a limit of time in which this road was to be finished and completed. I desire to know whether that time ad expired when this charter was repealed by the Legislature of Pennsylvania. hat State is not in the halliit of taking away or interfering with vested rights.
Mr. GARFIELD. I am glad to hear the last statement of the gentleman, for the most of us had the contrar opinion.
Mr. O’NEIL. am glad to have been able to correct the gentleman.
Mr. GARFIELD. I wish to repeat that nothing but the more force of votes in the Legislature took away this charter; not based upon any decision of the court or any violation of the charter, but simpl upon the action of the Legislature of Pennys vania.
Mr. O’NEILL. I venture to say before this House that the Legislature of Pennsylvania has not taken awn from this corporation any vested right. And will sa further, that there is no evidence before this house that the people of Pennsylvania demand the passage 0 any such lenislation as this here. be people of Pennsy vania believe that they have rights which their own Legislature can give them, and with which Congress has no right to interfere.
Mr. GARFIELD. Mr. Speaker, I desire to resume the floor, as the morning hour has nearly exired.
Mr. H LE. I desire to ask the gentleman, if it be true that the Legislature o Pennsyl vania has taken away vested rights, what has prevented the enforcement and vindication of those rights thron h the courts?
Mr. GARFIEL. After this Pittsburg and Connellsville company had secured in the circuit court of the U.S. a decision declaring the repeal of the charter unconstitutional, still all along the line of‘the road suits were brought on mine r questions, obstacles were thrown in the way, so that company cannot successfully go forward with the work or secure subscriptions to their stock, unless they can have some higher assurance that they will be protected in their rights, and they therefore ask that Congress shall declare these roads postal and military roads and commercial high ways, and thus give them the high sanction of the national legislature that they may go for ward without fear of disturbance or interruption.
Mr. PAINE. I desire to ask the Gentfrom Ohio [Mr. GARFIELD] to give us some further information upon the pomt embraced in the inquiry of the Gentfrom Iowa, [hML Wilson;] that is, as to the co oration that is to exercise the rights conferre by this bill. I believe I am right when I say that this Cleveland and Mahonin Railroad ‘ompany, having finished their roa to Youngstown, have leased that road for along term, perhaps for 99 years, to the Atlantic and Great Western Railway Compay, in which Sir Mor ton Peto was interested. 0w, I wish to inquire of the Gentfrom Ohio whether I am right in this, and also whether, ifthis bill be passed, the rights and franchises conveyed by it will pass to the Cleveland and Mahoning Railroad ompany, or to the English company to which I have referred.
Mr. GARFIELD. Not to the English company. The Cleveland and Mahonin Railroad ompany, although they have lease a part of their road, have preserved their organization intact.
Mr. BLAINE. For how long have they granted a lease?
Mr. GARFIELD. No, sir. Although the company has leased a branch of its road the corporation still preserves its distinct character, and is going forward as a corporation to complete its road.
Mr. DAWES. I wish to make an inquiry of the Gentfrom Ohio. If this corpoi ration has granted away its franchises, can it, by virtue of a new grant from us, resume its franchises and prevent its grantees from exercising those franchises?
Mr. GARFIELD. I do not know that I quite understand the gentleman’s question.
Mr. DAWES. I do not know the facts in this case; but I desire to submit this inquiry to the Gentfrom Ohio: if it be true that this company has granted these rights to an English company l
Mr. GARFIELD. Let me interrupt the gentleman just here to say that the company as merely leased the use of a portion of its road to an English company. It has not sold its franchises.
Mr. BLAINE. For how long has the lease been granted?
Mr. GARFIELD. For 99 years, as I have already stated.
Mr. BLAINE. With the privilege of renewal.
Mr. DAWES. Let me conclude the question I was putting
The SPEAKER. The morning hour has expired, and the bill goes over until tomorrow. RIOT AT MEMPHIS.
The Speaker, by unanimous consent, laid before the House a communication from the SecyWar, in response to a resolution of the Iouse of the 28th instant, transmitting 2 reports of Major General Stoneman concerning the recent riot at Memphis. The communication, with the accompanying docurflents, was laid on the table, and ordered to be printed. LEAVE or ABSENCE. in. CLARK, of Ohio, asked leave of ab sence for Mr. BUXDY. Leave was granted. DRAWBACKS UNDER INTERNALREVENUE ACT.
Mr. HUBBARD, of Connecticut, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved That the ComWays&Means be directedto inquire whether the rules and regulations prescribed for obtaining evidenceof exportation to entitle exporters to the benefit of drawback under the act to provide internalrevenue are not unnepessnrily expensive and burdensome, and whether C Xli.lnrlules upon that subject ought not to be revised and amended; and that the said committee have leave to report by bill or otherwise. CIRCUIT COURT.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a bill to authorize judges to be allotted to hold circuit courts; which was read a 1st and 2nd time, and referred to the ComJudiciary. CRIMES AGAINST THE U.S.
Mr. LAWRENCE, of Ohio, by unanimous consent also introduced a bill to repeal certain parts of the act approved A ril 30, 1790, cu titled “An act for the punisment of certain crimes against the U.S., " which was read a 1st and 2nd time, and referred to the ComJudiciary. PROCEEDINGS IN CRIMINAL CASES.
Mr. LAWRENCE, of Ohio, by unanimous consent, also introduced a bill to amend an act regulating proceedings in criminal cases, and for other purposes, approved March 3, 1865; which was read a 1st and 2nd time, and referred to the ComJudiciary! RECONSTRUCTION. The morninghour haying expired, the House, agreeably to order, resumed the consideration 0 House bill NO. 543, to restore to the States lately in insurrection their full political rights, on which Mr. Bnonwell. was entitled to the floor.
Mr. WRIGHT. Why do you not try that arch traitor, as on call him?
Mr. SCHENCK. With the consent of the Gentfrom NewYork, [Mr. Hung] who yields to me for that purpose, I desire to move that this subject be postponed until Monday next after the mornin hour. I make the motion at the request oft cGentfrom Pennsylvania, [Mr. S'rnves's] of the reconstruction committee, who. being upon the invalid list, has been compelled to retire to his lodgings. The motion to postpone was agreed to. PAY OF THE ARMY.
The Speaker stated that the next special order was bill of the House No. 450, to reduce and establish the pay of the officers and to reg ulate the pay of the soldiers of the armies of the U.S.
Mr. SCHENCK. In order to facilitate the consideration of this bill, and to enable ainendments to be offered directly to iIt, will ask that the substitute reported b the ComMilAffrs be considered as the original i. No objection was made, and the substitute reported by the ComMilAffrs was read in lieu of the original bill.
Mr. WRIGHT. I will inquire of the Gentfrom Ohio [Mr. Scassex] if he proposes to make an revision for the' pay ofageneral.
Mr. NIBLACK. I did not have an opportunity of listening to the bill as it was read, and ascertaining what were its provisions. I would therefore inquire of the chairman of the ComMilAffrs [Mr. Sonnsex] whether the pay which he now proposes by this bill to give the officers of the Army is to be uniform, or whether it is to be varied according to location and the kind of services these officers may be called upon to perform.
Mr. SCHENCK. It is to be uniform ay, with certain changes in the bill, which I dliall proposeby way of amendment.
Mr. NIBLACK. It has occurred to me that an officer assigned to dut on the plains, where transportation is very big 1, ought to have more pay than under other circumstances.
Mr. SCHENCK. That is provided for in the bill; he gets transportation in kind or is allowed mileage. I do not know but the House is getting impatient and wearied of an explanation so much more protracted than Iintended to make when I arose. But having thought much of this subject, having looked into it very carefully, Iam tolerably full of it. But I will not trouble the House with more fires or further comparisons at this time. Huwill only say that after having reported this bill back, believing it needs some further provisions in it, I have prepared and will submit for the consideration of members some 2 or 3 amendments. And although it may only be in order for me to offer them successively to the bill I will read them all now, so that the whole subject may be in possession of the House. For instance, the Gentfrom NewJersey Mr. Wmonr] inquires whether any provision has been made for the pay of a general. I propose, new that itmay be assumed that that office will be establllished, to move to amend by striking out the line which now reads, “of alieutenant general $12,000, ” and inserting in lieu thereof “of a general, $15,000; of a lieutenant general, $10,000 I propose by that amendment to raise the pay of a general to $3,000 more than this.bill proposes for a lieutenant general, and to make the pay of a lieutenant general somewhat less than is here proposed, because he then ceases to he the head of the Army. Now, I know these sums sound large, and gentlemen may be dissatisfied with them. But they will not be so much dissatisfied, perhaps, when they learn to what the entire compensation of those officers would amount by the various commutations and allowances which are now made under existing law.
Mr. WRIGHT. My only object was to correct what I supposed to be an accidental omission in the bill.
Mr. ROSS. I will ask the gentleman, before he takes his seat, if in his judgment the public service would suffer by the reduction of the compensation, say 20 or 25%. in time of peace.
Mr. senENCK. I think it would. The bill is really in itself, in most of its parts, a reduction of the pay of officers, so that a further reduction would not be a full compensation to them. I have illustrated it by the avy. And I will say, at the same time, that I do not think the officers of that arm of the service are sufficiently paid; and I had hoped that a bill would have been brought in by the ComNavAffrs proViding for some readjustment of their pay. And while the gentlemaii calls my attention to the subject, I Wlll say that while there has been such delay in paying officers of the Navy, and while the chief of a bureau in the Navy Dept gets only 1/2 the compensation of the chiefof a bureau in the Army, there has been slipped through Congress a iece of legislation not known er ha s to all the members of the House by which a law was repealed which provided certain allowances; and there has just been published an order of the Navy Dept adding 33 and a 3rd%. as allowances to the pay of the officers of the Navy.
Mr. ROSS. Cannot these officers live on the some compensation as members of congress in time of peace?Ido not see why their pay should be higher than ours.
Mr. SCHENCK. Nor I. I do not know how it is with the Gentfrom Illinois, but I do not get near enough to subsist myself and family, and I am by no means an extravagant man. I will send the amendments that I have indicated to the desk. The Speaker. Unless there is a separate vote demanded, the question will be upon the adoption of the amendments in gross.
The Clerk read the amendments, as follows: In section can strike out line 8 and insert in lieu thereof the following: f a general $15,000;of a lieutenant general $10,000. See. 3. Abife: That in lieu of the additional ration which wasallowedto commissioned officersof the line and stud by the provisionstion 15 of the act of sec to incrensothe present military establishment of the U.S., andforothor purposes, thereshall beallowed and ffild'iO every commissioned officer of the Army of the U.S. 10%.perannumonhisycarly payfor each full and completeterm of 5 years of continuous and faithful serviceassuchofficer; and this increasedgrad uated compensation shall be allowed in the caseof any officeror soldier of volunteerswhomay be commissioned in the regularArmy. to include the time during which he so served faithfully and honorably asavolunteer. Sec A. Abife: That forage iIn ki nd may be allowed and drawn for horsesof mounted officers actually keptby themwhen and at the place wherethey are on duty, in accordance With the provisions of sectionsone and 2 of the not to define the pay and emoluments of certain officersof the Army, and for otherpurposes, approved July 17, 1862. No objection being made, the amendments were adopted.
Mr. PAINE. I desire to ask the chairman of the committee a question. I quite agree with what he said when he inform the House that the difference between the pay of an officer on hard service in the fied and on light duty in cities is quite essential. I have by my own experience been able to test that to my satisfaction. The gentleman seeks to introduce into this bill a correct principle when he proposes to give to those officers who are performing the more laborious field service a higher rate of pay. But I wish to ask him if in the 1st section he is not incor crating provisions which areimviolntion of thatjust principle. The bill proposes to pay to a brigadier general when commanding a military dept or a division in the field $5, 600, and when commanding a brigade in the field only $5,000. It allows to a colonel commanding a brigade or military post $3, 500, and when commanding a regiment in the field only $3,000. And it allows a lieutenant colonel when commanding a regiment or military post $2, 800, and when on other duty, which may he more laborious and perilous, only $2,000. It is possible, I think, so to conform these provisions to the other parts of the bill as to obviate these objections; but I would ask if these are not obnoxious to the objections that the gentleman has himself urged to the whole pay system of the Arm.
Mr. BLAINE. Mr. Speaker, I was not present in the ComMilAffrs when they agreed to report this bill, and I am compelled to disagree from its general provisions. I wish to state as briefly as may be the reasons why I am not able to concur with my friend, the honorable chairman of the committee, [Mr. Scrisivex] who has just addressed the House. The argument of the chairman of the ComMilAffrs, whether so intended or not, gets a little advantage, I think, in contrasting the pay of bureau officers with the pay of officers in the field. That is not the question befo us. The question is whether by this bill yo will create a gross inequality in the pay of officers who are in the field at different points of the widely extended area of the U.S. Let me state a case. I will suppose there are ten general officers in this city today 10 be ordered by GenlGrant to as mally dlf' ferent points. Let us suppose the system of commutation of fora e, rations, netwyanfg clothing, quarters, 'c., entirely abolished “ You send one officer to a post in QIQM east, another to SanFrancisco, ang’ Bridger, another to NewOrlenn; NewMexico, and so on, and th g all the same arbitrary amount of pay as proposed in the pendin bill, and I submit that you have imposed the grossest inequality of burden and responsibility upon them.