Mr. STEVENS. I do not understand that the previous question has been called.
Mr. STEVENS. I want to know whether the Gentfrom Ohio then has the right to claim his hour before the previous question has been 2nd ed? TheSPEAKER. The gentleman was entitled to an hour on the motion to refer. When that hour expired the motion to refer was withdrawn, and the gentleman is speaking now on the bill itself. There is no . hour after the " has been 2nd ed, because the bil oes not come from any committee.
Mr. ASHLEY, of Ohio. I yield 3 minutes of my time to the Gentfrom Ver mont.
Mr. ASHLEY, of Ohio. 'I now yield 5 or ten minutes to my colleague.
Mr. MORRILL. Will the gentleman allow me to ask if the moral sanction would not be as great or as effective by rejecting the application now as it would be by incorporating a null and void s.
Mr. ASHLEY, of Ohio. I will yield to my colleague [Mr. SHELLABARGER) more of my time to allow him to conclude his remarks.
Mr. SHELLABARGER. I hope my colleague [Mr. As HLEY] will allow my friend near him [Mr. BINGHAM] to say what he now desires to say.
Mr. BiNGHAM. In the hurried remarks I made a short time ago, apprehending that the discussion would take the direction it has taken, I called attention to the very cases my colleague [Mr.., has cited, and I called the attention of the House to the fact that in every one of those cases there were remedies in the courts. And I now assert here that in regard to the lands of the U.S. reserved from taxation in any State organized and admitted into this Union, there is a remedy in the courts to enforce that reservation. But what I assert here in regard to the political powers of the States is that there is no such remedy in any of the courts. And in the remarks which I submitted I myself cited the provision of the Missouri act, and showed that it was an enforcement of the express text of the Constitution of the U.S., “that the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States.” But I deny that it ever was enacted that the citizens of the U.S. are entitled as such to the privilege of voting in any State. That is the privilege of the citizens of an organized State, and it is the privilege of nobody else; a privilege limited only by the will of the majority. And now I come back to the point from whence I started: that this provision added by the Senate to the bill of last session is F. nugatory, because there is no tribunal on this earth, save the Congress of the U.S., that can take jurisdiction of any case arisin under it. My colleague [Mr. SHELLABARGER has well said that Congress cannot well expe the State. And I add that the 39th Congress cannot by its acts bind the power of the 40th Congress to act; nor can the For tieth Congress bind the 4 1st Congress. Therefore, as I said before, this last section is void. For that reason, and that reason only, foil vote for this bill with it in, as fol? without it.
Mr. HILL. Will the Gentfrom Ohio allow me to ask him a question?
Mr. HILL. I desire to ask the gentleman if in his opinion there is any difference in the legal effect of the provision under consideration whether it be contained in the bill admit ting Nebraska into the Union or contained in the constitution of the State? In other words, could not the people of the State of Nebraska, immediately after its admission into the Union with a constitution containing this provision, change their constitution so as to deny the right intended to be conferred by this provision?
Mr. SHELLABARGER. The question of the Gentfrom Indiana [Mr. HILL] is a pretty long one, and I do not know that I can remember all of it. if I understand his question, the 1st part of it is whether there would be any difference in the legal effect of having this conditional provision enacted here by congress in a law and having it incorporated into the constitution of the State of Nebraska? I answer that there would be just this difference: if it were in the constitution of Nebraska it would become binding and operative; if it were in the act of admission it would have only the moral force I have stated. As to the last branch of his question, whether the people of Nebraska could not in any event change their constitution if they chose so as to disfranchise a portion of the people there, I answer that i. could.
Mr. wo.Iowa. Will the Gentfrom Ohio [Mr. SHELLABARGERJ answer a single question?
Mr. WILSON of Iowa. The gentleman has referred to the proviso attached to the act admitting Missouri. My recollection of that proviso is that it the State Legislature by a solemn public act to declare an affirmance of that condition. Now, I wish to ask the Gentfrom Ohio a question in connection with the suggestion of the moral obligation which would rest upon the people of Nebraska under this provision. If we should propose to the people of Nebraska a condition in the same terms as that submitted to the E.of Missouri, and if the Legislature of Nebraska should give its consent, thereby ratifying the condition, would not the moral obligation resting upon the people of Nebraska be greater to carry out in good faith the terms of that proviso than it would be in the case of the condition proposed in this bill, to which their assent is not asked in any manner?
Mr. SHELLABARGER. I answer, Mr. Speaker., that it is not my recollection that in the act to which I have referred there was any provision for asking the assent of Missouri to the fundamental condition which I read. My recollection is exactly to the contrary. But, however that may be, I can answer the part of the gentleman's question as to which would impose the greater moral obligation. I think that the course of proceeding stated by him would impose, if possible, a more distinct and definite obligation than will be imposed in this case.
Mr. FARNSWORTH. Would it add to the legal effect?
Mr. SHELLABARGER. to the ultimate legal effect.
Mr. STEVENS. I desire to ask the gentleman whether, in his view, the condition imposed by Congress in the case of Missouri was in conflict with any provision of the constitution of Missouri as presented? Mr. In my opinion it was. It was supposed to be in conflict with and would modify one of the provisions of the constitution of Missouri. The condition imposed by Congress was for the purpose of changing the effect of that clause oconstitution, or if not to change its effect, to exclude and prevent a certain construction.
Mr. STEVENS. As I understand, it was a construction of a part of the constitution of Missouri.
Mr. SHELLABARGER. Still it was a fundamental condition that certain legislation should be had.
Mr. ASHLEY, of Ohio. I resume the floor, and yield to my friendfrom Michigan [Mr. DRIGGs] one minute.
Mr. DRIGGS. Mr. Speaker, Ivoted against the admission of Nebraska when the question was up before, because her constitution contained the word “white.” I find that there is a great difference of opinion among legal gentlemen as to whether the provision attached to the present bill will control the action of the State when admitted. After listening to and weighing, so far as I am able, the various arguments presented today, I have made up my mind to vote in favor of this bill. Sir, emigration is flowing the that Territory, and in view of the progress of enlightened sentiment, neither Nebraska nor any other State can long retain in her constitution this objectionable provision, Mr. ASHLEY, of Ohio. Mr. Speaker, I yield the remainder of my time to the Gentfrom Massachusetts, [Mr. BANks,) with the understanding that he will call the previous question.
Mr. STEVENS. I would like to ask the folo a question. If in the act admitting er you do not make it a condition, can you ever make it afterward?
Mr. BANKS. It makes no difference whatever; if we impose the condition of admission of which the Gentfrom Pennsylvania speaks, and admit her upon that condition, whether or not the State.accepts it before ad. mission, she assumes her position of one of the States of the Union with a knowledge of the terms P. which it is granted, and is as much bound by them as if she had accepted them before the admission. o: me turn for a moment to the principal q No explanation of that condition will strengthen the rights of the Government under the act of admission. We admit her upon a condition which we have a right to impose, which the interest of this country demands, and which the people will sustain, and if she violates it she must suffer the consequences in precisely the same manner as if she had violated an accepted condition. I thank God that this great question in which the future peace of the country is in volved arises, not in regard to an insurgent State, but a Territory that is loyal, people that are patriotic, and a State, if it becomes one, which will fulfill all its duties. But if here after this question shall arise in regard to the restoration and readmission of the insurgent States, and they shall be able to affirm that the Government has no right to impose conditions, or imposing conditions it has no power to enforce them, from the moment that doctrine is accepted the Government of the Union is at an end. It is in the hands of its enemies and will be destroyed.
Mr. STEVENS. One single word. Does the gentleman make no distinction between free Territories and conquered Territories?
Mr. BANKS. I make a distinction, a wide distinction; but so far as this principle is concerned the supremacy of the Government of the U.S. is one and the same in the loyal and disloyal Territories. [Here the hammer fell]
Skip Skip Mr. BANKS. As the Gentfrom Ohio [Mr. AshLEY] has required me to do so, I call the previous question. I do it not upon my own, but upon his motion. On 2nding the previous question, there were ayes 65, noes 62. Mr. ASHLEY, of Ohio, demanded tellers. Tellers were ordered; and the Chair appointed Mr. AsHLEY, of Ohio, and Mr. GLoss Ibrenner. The House divided; and the tellers reported ayes 68, noes 67. So The previous question was 2nded. Mr. ALLISON. I demand the yeas&nays on ordering the main question. Mr. FARNSWORTH. I move that the House adjourn.
Mr. FARNSWORTH. consent that the bill be printed. No objection was made. The motion to adjourn was agreed to; and thereupon (at 4 o'clock and 35 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, January 15, 1867. Prayer by oRev. THoMAS M. CLARK, D. D., Bishop of RhdIsland. The Secretary proceeded to read the Journal of yesterday.
Mr. WILLIAMS. I move that the further reading of the Journal be dispensed with.
The President protempore. It can only be dispensed with by the unanimous consent of the Senate. Is there any objection to the motion?
Mr. SUMNER. I think we had better not dispense with the reading of the Journal at this period of the session. The Journal should be read.
The PRESIDENT protempore. Objection being made, the reading of the Journal will be proceeded with. The Secretary resumed the reading of the Journal, but, before concluding, was interrupted by Mr. CONNESS. I move to dispense with the further reading of the Journal.
The PRESIDENT protempore. It is sug. gested that the further reading of the Jourra! be dispensed with. It can only be done by the unanimous consent of the Senate. No objection being made, the further reading is dispensed with. CrhidrontiALS.
The PRESIDENT protempore, laid before the Senate a communication from the Governor of SCarolina, inclosing the credentials of Hon. James B. Campbell, chosen by the Legislature of that State as a Senator for the term commencing March 4, 1867;which were ordered to lie upon the table.
The PRESIDENT protempore. The petition will be laid upon the table if there be no objection.
Mr. FESSENDEN, from the ComFinance, to whom was referred the bill (S.No.493) supplemental to an act to establish the Treasury Dept, approved the 2d of September, 1789, reported it without amendment.
Mr. SUMNER, from the ComForRel, to whom was referred the bill (S.No.457) to provide for the defense of the northeastern frontier, reported in favor of printing the bill, and that it be recommitted to the ComForRel; which was agreed to. BILL, INTRODUCED.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.506) to authorize the trustees of the Foun dry Methodist Episcopal church to sell and convey square No. 235 in the city of Washington; which was read twice by its title, and referred to the ComDistCol. DEBTQRS IN THE DISTRICT.
The PRESIDENT. tempore laid before the Senate the amendments of the HoRep to the bill (S.No.218) exempt.ing the property of debtors in the DistCol from levy, attachment, or sale on execution; which were as follows:" In line 24, after the word “library, ” insert the words.' not exceeding in value $400.” dd to providetdh, ehboiwlletvheer, fTohllaotwitnhgis parcotvisshoa: ll not in any manner interfere in the collection of debt or in the enforcement of any contract made prior to the passage of this act, and shall apply to cases founded upon contract only. The officer charged with the execution of any writ of attachment or execution shall ascertain the value and amount of provisions tpohobneinagllowed too family under this act by sum: 3 householders of the District, who shall be 1st duly sworn by such officer faithfully to perform their duty, and proceedto set apart the provisions necessaryfor the debtor's family, according to this act, if such provisions be found on the E.; or in possession of the debtor; and if not, they shall pmraokveisioountsa, nadnrdetuthrne tsoamsuechshoafflilcebrethaellvoawleude oinf sauncyh property of the debtor.,, "tAhme"e, nd the title of the bill by striking out the word thereof whereoritd f“icrsetrtaoicnc.”urs, and inserting in lieu
Mr. HOWARD. I move that the bill and the amendment be referred to the ComDistCol. The motion was agreed to. FRENCH interVENTION IN MEXICO.
Mr. HOWARD. I ask the Senate to take up the resolution, which I offered a few days since in regard to Mexico, instructing the ComForRel to make, some inquiries and report upon the subject embraced in the resolution to the Senate.
The Secretary read the resolution submitted by Mr. HowARD on the 4th instant, as follows: Resolved, That the ComForRel be instructed to inquire and report to the senate the present relations between France and the republic of Mexico; the extent, both with respect itmo iplioapnulaintiohnisaennddteearrviotorsryt, ooofvtehrethsruocwcesthseast of republic; the amount and character of his military force, including his French auxiliaries: the action of the executive branch of the Government of the U.S. in reference to the intervention of France in the affairs of Mexico, including any treaty or t of treaty proposed, assentedto, or recommended by our minister to France with a view to a settlement of the difficulties between France and Mexico; the present .troops from Mexicaonf tshoeil, waitnhddtrhaew aplroobfabthiliety Frinentchhe case of such withdrawal of Maximilian being able to maintain his standing there; and that for the purpose of such inquiries said committee be authorized to send for persons and papers.
The PRESIDENT protempore. Is the senate ready for the question on the motion?
The PRESIDENT protempore. The motion is that the Senate proceed to the consideration of the resolution which has just been read. Mt. DOOLITTLE. I move that the resolution be referred to the ComForRel:.
Mr. HQWARD. It is a resolution instructing the ComForRel to make these inquiries.
Mr. SUMNER. The motion now is to take it up.. DOOLITTLE. I withdraw the motion to refer if it is not taken up.
The PRESIDENT protempore. It is necessary not to withdraw it. The motion now pending is that the Senate proceed to the consideration of the resolution. It is not yet before the Senate. The question is, will the Senate proceed to the consideration of the resolution?
Mr. SUMNER. I have no objection to its consideration, though if it should be taken up I shall move an amendment to it.
Mr. HOWARD. Very well; let us take it The motion was agreed t;o and the Senate proceeded to consider the resolution.
Mr. SUMNER. I should like to inquire of my friend whether it is customary always or expedient for the ".of our government to undertake to reply in so many words to statements of anonymous writers in journals however respectable? The Memorial Diplomatique, as the Senator well knows, is so a journal conducted by eminent writers, but I do not know that it can be entitled to a different kind of consideration from that which is bestowed upon other journals.
Mr. HOWARD. It is unnecessary for me to answer the question put by the honorable Senfrom Massachusetts specifically. It is sufficient for me to say that the SecyState in other cases has seen fit to take notice of similar articles from publications sent him as inclosures by our minister to Paris. Whether it be usual among diplomats is another question. This charge was a grave one, involving the honor of his Government, and well worthy of his attention and solicitude. But, sir, the Secretary says: “Fortunately I have in my dispatch of 15thinst., No. 71, explained to you the views and sentiments which our military and political situation suggests.” I know not where to find this dispatch of the 15th of March, 1865, No. 71. The document has not been, so far as I am aware, laid before Congress, and has never yet seen the light. congress are, I believe, in ignorance at present of the contents of that very important dispatch of the 15th of March, in the SecyState had “fortunately explained his views and sentiments in regard to our military and political situation.” I may possibly be mistaken as to the fact that this dispatch has never been ublished. I have searched for it diligently, owever, and have thus far been unable to detect it, although there was an express call made upon the President as long ago as the 11th of December, 1866, requesting him “to communicate to the Senate, if not incompatible with the public interests, all correspon dence, not yet officially published, between our Government and that of France, touching the occupation by French troops of the republic of Mexico and the establishment of a monarchy there.” I ask the honorable chairman of the ComForRel whether he has ever seen that dispatch of the 15th of March, 1865?
Mr. HOWARD. Mr. President, it seems to me that there is an unnecessary mystery hanging over the whole subject of our relations with Mexico and her relations with France a mystery which ought to be solved. Our interests as a nation, as a sister republic, older by birth and stronger in every: than Mexico, require, it seems to me, a full and complete narration of all the material facts involvin her in the present imbroglio with France. hope the learned chairman of the ComForRel will for a few days, or a few hours at least, pretermit that attention which he has been giving to other subjects, very necessary and.jto be sure, and endeavor to enlighten the Senate and the country upon the historical, diplomatic, and political status of Mexico. I think the people of the U.S., as well as the people of Mexico, will thank him for it. One word further, sir, and I have done. We have had various rumors of a settlement with Mexico, and among these rumors was this: that the U.S. were endeavoring to bring about a peace by purchasing from Mexico, or rather from Juarez's government, alargeportion of the republic, including Lower California and Son ora, and, as a consideration, to pay to the Government of the Emperor of the French some 25 or 30 million dollars in satisfaction of its claims. Of course I do not know how much foundation there may have been for this newspaper rumor; but just here I beg to be indulged in saying France has prosecuted a war against that republic for 4 years and more. She has thus far utterly failed of success in her project of subjugating the people, and utterly failed of obtaining the indemnity for French citizens which was the pretext of the war. The subject of the war was the claim of France for indemnity for her citizens. Upon that subject and for that end she has waged this long, bloody, and wasteful war. She has seized
Mr. HOWARD. I shall be through in a moment if the Senate will indulge me.
The PRESIDENT protempore. No objec I do not recall it by itstion being made, the Senfrom Michigan will be allowed to proceed with his remarks, and the order of the day will be laid aside informally.
Mr. SUMNER. Mr. President, the Senfrom Michigan has opened a great question
The PRESIDENT protempore. The Chair will consider the order of the day as laid aside if no Senator calls for it.
Mr. EDMUNDS. Let it be laid aside informally.
The PRESIDENT protempore. If no objection be made, that will be considered the understanding of the Senate.
Mr. MCDOUGALL. I shall not object if it is understood that the order of the day is to be laid aside until this discussion is concluded. I object if the purpose is simply that the chair man of the ComForRel shall make his discussion and that conclude the debate, as I choose to in it myself if I have the opportunity. If the debate is to be continued until its conclusion I shall consent.
Mr. MCDOUGALL. Then I object to laying aside the special order.
The PRESIDENT protempore., Objection being made, the Chair considers it his duty to bring before the Senate the unfinished business of yesterday.
Mr. SUMNER. With the permission of the Senate, I would state that I propose to move an amendment to the resolution of the Senfrom Michigan, and I had better give notice of it now. It is to insert after the word “Senate” the words “if in their opinion this inquiry and reportshall be deemed expedient;” so that it shall read, “the ComForRel be instructed to inquire and report to the Senate, if in their opinion this inquiry and report shall be deemed expedient.” By that amendment this resolution will be brought to a certain extent in harmony with the usage of the Senate. Without that it would certainly not be in such harmony. the discussion be renewed I shall have something to say upon it, though I should have no objection to the resolution with the amendment I proposed going to the committee.
Mr. MCDOUGALL. I propose to offer a substitute for both the resolution and amendment; and as the subject may come up for discussion hereafter, I desire to present it now, and for this reason: it was my good fortune some years since to be upon the ComForRel, and I of. introduced resolutions before that committee on the subject of French intervention in Mexico. man of that committee did not think it prudent to have the subject considered, and claiming the right to direct the order of business never allowed it to be considered as long as I was on the committee; and so long as it is sent to that committee subject to their discretion it will never be considered.
The PRESIDENT protempore. The unfinished business of yesterday is Senate bill No. 453.
Skip Skip MESSAGE, FROM THE HOUSE. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the House had passed the bill (S.No.456) for the admission of the State of Nebraska into the Union, with an amendment, in which the concurrence of the Senate was requested. ENROLLED BILL, SIGNED. The message further announced that The SPEAKer of the HoRep had signed the enrolled bill (H.R.No. 715) set ting aside certain proceeds from internalreve nue for the erection of penitentiaries in the Territories of Nebraska, Washington, colorado, Idaho, Montana, Arizona, and Dakota; and it was thereupon signed by the President protempore of the Senate. TENune OF: OFFICE. The Senate resumed the consideration of the bill(S.No.453) to regulate the tenure of offices, the pending question being on the amendment proposed by Mr. Howe to the 3rd section of the amendment agreed to as in ComWhole as a substitute for the bill.
Mr. WILLIAMS. Will the Senator allow me to interrupt him?
Mr. WILLIAMS. I think it is proper that I should say that I did not cite that case to show that the court there decided that the President had no power of removal, or for any such purpose; but I produced the statement of Justice McLean to the effect that the SCOTUS, with Chief Justice Marshall at its head, and of which Justice McLean was a member, did entertain the opinion that the President had no such power. In the absence of any decision of the Supreme Court upon that question, I consider the statement of Justice McLean as the next best authority as to the views of the Supreme Court with regard to it.
Mr. EDMUNDS. Allow me to ask my friend is that danger any greater in the nature of the thing than that the President for political reasons should do precisely the opposite?
The PRESIDING OFFICER, (Mr. ANTHoxy in the chair.) The question is on the amendment moved by the Senfrom Wisconsin [Mr. How E] to the 3rd section of the amendment of the committee, to insert after the word “Senate, ” in the 9th line of that section, the words “or if no appointment by and with the advice and consent of the Senate shall be made to any office the term of which shall expire during any session of the Senate, before the expiration of that session.”
Mr. HOWE. I am satisfied, after listening to the explanation of the Senfrom Vermont, that I was mistaken in offering this amendment. The purpose I was aiming at was precisely the purpose which he says is accomplished, and which I think on reflection is accomplished o the 1st section of the bill; and therefore will withdraw the amendment.
Mr. HENDRICKS. That amendmentbeing withdrawn, I will renew the amendmentwhich I proposed a few days ago, to strike out all of the 3rd section after the word “thereafter, " in the 6th line. I do not propose further to discuss it. The words proposed to be stricken outwere read as follows: And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled, as aforesaidd, during such next session of the Senate, such officeshall remain in abeyance, without any salary, fees, or emol; umentsattached thereto, until the same shall be by appointinent thereto, filled by and with the advice and consent of the Senate; and during such time all powers the and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. The amendment to the amendment was rejected.
Mr. SUMNER. I offer the following as a new section: Abife: That all officers or agent. except clerks of Depts, now appointed by the President or by the head of any Dept, who salary or compensation, derived fromfees or otho. wise exceeds $1,000annually, shall be nominatolo the President and a j and with the advice and consent of the Senate; and the term of all so officers or agents who have been appointed sine the is day of joy ise, either by the President or by to head of a Dept, without the ado; sent of the Senate, shai expire on the last day February, 1867.
Mr. SUMNER. Mr. President, the proposition that I have offered now I moved yesterday on another bill in a skightly different form, but it was substantially the same. I did not understand at that time that there was any objection to it in principle. It was opposed as not being germane to the bill in i or if it was germane to the bill in hand, its adoption on that bill was supposed in some way to embarrass its passage. On that ground, as I understand, it was opposed. It was not opposed on its merits. Senators who spoke against it avowed their partiality to it, if I understood them aright, and they said that if they had an opportunity on any proper bill they would vote for i.t. Well, sir, I now move it again on another bill, to which I believe all will admit that it is entirely germane. There is no suggestion that it is not germane. It is completely in order. But the objection of the Senfrom Vermont, if I understand him, is, that it may interfere somewhat with the symmetry of his bill; it may introduce an element which he, who has that bill in charge and now conducts it so ably, had not intended to introduce. Very well, sir, that may be said; but I do not think it is a very strong objection to the in easure. Then again, if I understood the Senator aright, he said that this amendment ifingrafted on his bill might endanger it. I think he is mistaken in oil I think so oom endan ering it, it would give it strength. g. Howo. f. g
Mr. CRAGIN. The Senfrom Massachusetts intimates that all of us who opposed this amendment yesterday and other days substantially admitted that it was right in itself, and merely contended that it ought not to be attached to the bill then under consideration. For one I do not admit that proposition. When he 1st introduced the amendment I had very strong doubts of its propriety, and reflection has only confirmed me in those doubts. He says this proposition has been matured. I believe that even if Senators have thought of this proposition there are only a few here who know to what extent it reaches. There are only a few of us who understand it in its details. I undertake to say to the Senate here today that this proposition includes 1000s upon 1000s of officers now appointed by the different heads of Depts. It includes, or may include, all the asst assessors now appointed by the SecyTreasury on the recommendation of the assessors, numbering at least 2,000 in this Union. It also includes all the inspectors and weighers and gaugers and clerks in the various customhouses in this country, now appointed nominally by the SecyTreasury, but on the recommendation generally of the collectors. Is it desirable that these appointments should be made by the POTUS and sent here to the Senate to lumber up and incumber the business of this body? I think not, sir. I think it better that practically the collectors of the different customhouses should have these appointment as they now have them. It also includes, as I believe, the employees in the various navy yards in this country, now appointed by the SecyNavy or heads of bureaus under him. I think this amendment is of very doubtful policy indeed, and I hope it will not beingrafted on this bill.
Mr. FESSENDEN. When the honorable Senfrom Massachusetts 1st suggested this proposition I had very great doubts about it. My doubts have continued and they are as strong now as they were in the beginning. I cannot tell exactly how far the proposition may extend; but experience has satisfied me that all legislation of this kind which is directed to the overthrow of a practice upon which the Government has proceeded for years, in fact since its foundation, under laws passed by congress regulating the different Depts and the connections of the different Depts, and particularly such legislation adopted on the spur of the moment, withott having an examination by a committee to see what its operation will be, is very dangerous in itself, and for that reason I was opposed to acting upon the proposition when he 1st submitted it until it should have had a thorough examination. The honorable Senfrom Massachuzetts says its operation is easy to understand, no body can have a doubt of its propriety, and therefore all we have got to do is to pass it. My friendfrom Massachusetts is peculiar in that respect. There are others like him, I know; I do not mean to say that he stands alone, but when anything appears clear to his own mind he cannot imagine that it is not." perfectly clear to everybody else, both as to its propriety and its correctness, and therefore the man who doubts it either wants honesty or wants intelligence.
Mr. FESSENDEN. The facts that I have been stating. How could you dispose of the 1000s of men employed in the collection of the internalrevenue and the customs? Would you have all their names come here for confirmation, every weigher and gauger, every inspector, overy revenue agent?
Mr. SUMNER. All that are now appointed by the head of a Dept.
Mr. SUMNER. Mr. President, the argument of the Senfrom Maine, he will pardon me, proceeds upon an exaggeration. It is very easy to answer an argument when you begin by exaggerating the consequences from that argument. Now, sir, the Senator warns us against my proposition, because he says it would impose so much business upon the senate. Is that true? He reminds us of the number of appointments that we should be obliged to act upon in the internalrevenue dept. How many? The asst as sessors. What others? Those can be counted.
Mr. CRAGIN. Inspectors under the internalrevenue laws.
Mr. HowARD. I move that the Senate adjourn.
Mr. SAULSBURY. I wish to offer a fo.lution pertinent to the present inquiry. Ifo consideration be objected to, of course I shall not call it up until tomorrow.
The PRESIDENT protempore. Does th; Senfrom Michigan withdraw the motion?
Mr. HOWARD. No, sir; I must insist." my motion. rd
Mr. FESSENDEN. I wish to say a wo in reply to the Senfrom Massachusetts.
Mr. HOWARD. I will withdraw the motion if o the Senfrom Maine will rene"."
Mr. FESSENDEN. I shall renew it o: the Senfrom Massachusetts wishes to "P" to me.
Mr. SAULSBURY. will the Senatorwith draw his motion that I may offer a resolut” of inquiry” t Mr. HoWARD. There seems to be a deal of distress. [Laughter] I think o better withdraw my motion. "I feel kindly the honorable Senfrom Delaware:,,
Mr. SAtji. SBURY." I offer the following resolution: f Resolved, That the Secretaries the of Sto.". Treasury, of the interior, the Attorney (i. o the PostMGenl be directed to. in". apSenatewhat number of removals from offi. ective ointments to officerero maloine is. comints from March 4. I??, to M and the dates of said removals andoand the names ation. of said appointeesand their"
Several SENATors objected to the considerstion of the resolution.
Mr. SUMNER. As I do not wish to revive this discussion tomorrow and the Senfrom Maine may not be in his seat
Mr. SUMNER. I have only one word to say. I wish to say that I intended to answer his argument fully and frankly. Ithought that I had done it. He thinks that I did not do it because I did not take into consideration the superiority of the present system and the in convenience that would result to the President and the appointing power generally by having to act upon all these nominations. I think that I did take that into consideration. I intended to, because it seems to me that it is answered by all that I undertook to say when I was up before. I did not undertake to express any opinion on the system as a system for the time past, nor did I on the system as a system for the future. I spoke of what we ought to do at the present moment. And as the Senfrom Maine suggests that because we are in embar rassed relations with the Executive, because there is what he calls a “muss” with regard to executive appointments, therefore we should not undertake to act by legislation for the future, let me say that I propose to act simply for the present. I wish to meet the present exigency; and when tomorrow comes, if hap pily we see a clearer sky, I shall then hearken gladly to the Senfrom Maine and follow him in sustaining the old system; but mean while I think the old system has ceased to be applicable. It does not meet the case. It was good enough when we had a President who was in harmony with this Chamber; but it is not good enough now. We owe it therefore to ourselves and to those who look to us for protection to apply the remedy.
Mr. HOWARD. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, January 15, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. IMPROVEMENT OF StClAIR FLATS.
Mr. SPALDING, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to: Resolved, That the ComCommerce be o to take into consideration, with as delay little as possible, the proposed improvement of the StClair Flats, in the State of Michigan, by means of a new channel or a canal; and if the said committee deem the construction of the same expedient, that they make report to this House with a bill or JtResolution containing a specific".of a joint sum of money to defray the expense of the work. CAPTURE OF JEFFERSONDAVIS.
Mr. COBB. I ask the unanimous consent of the House to offer the following resolution: Resolved, That the ComAppropriat, to whom was referred the bill to authorize the payment of capture the reward offered by the President for the of JeffersonDavis, be instructed to ascertain and report to this House the facts connected with said capture, and the connection of the 4th Mich iwgiathn, and 1st Wisconsin cavalry regiments there if any, together with the evidence taken in the case, and that in the prosecution of said investigation the said committee shall have power to send for persons and papers.
Mr. STEVENS. Is this a resolution of instruction or one of inquiry”
Mr. BLAINE. Let it be read again. The resolution was again read.
Mr. STEVENS. I shall not object to the resolution provided it refers this matter to the ComClaims, to whom this subject was originally referred.
Mr. COBB. I have no objection to that, and will modify the resolution in that way. There being no objection to the resolution as modified, it was received and agreed to. MARYLAND ELECTION.
Mr. WARD, of NewYork. I rise to a question of privilege, which will be explained by the following preamble and resolution which I now offer: Whereas by the constitution and laws of the State of Maryland owho were disloyal to the government of the U.S., or gave aid and encouragement to the recent rebellion, are deprived of the elective franchise; and whereas it is alleged that at the last election in the State of Maryland, large numbers of the persons disqualified as aforesaid did vote for Representatives in the 40th Congress and other officers; and whereas it is further alleged that armed forces of the U.S. were ordered by Federal authority to, and did, coijperate with the Executive of the State of Maryland and others who were engagedwith him in overriding the constitution and laws aforesaid, and in securing the vote of rebels and persons disqualified as a foresaid, and whereby loyal and qualified voters of Maryland were deterred from the free exercise of the elective franchise and from resisting and preventing the violation of the constitution and laws aforesaid: Therefore, Resolved, That the ComElections shall inquire into and report whether the constitution and laws have been violated as aforesaid, and whether the President or anyone under his command has in any manner interfered with the said election, or has in any way used or threatened to power of the nation with reference usethe military to the said election, and if so, whether it was upon the requisition of the Governor of Maryland; and the committee shall have power to send for personsand papers.
Mr. LeBLOND. I rise to a question of order. I submit that this resolution is not of such a nature as entitles the Gentfrom NewYork to offer it as a question of privilege.
The SPEAKER: If the resolution related to the election of members to this Congress it would be a matter of privilege; but as it relates to the election of members of the next Congress it is not a question of privilege.
Mr. WARD, of NewYork. Then I ask unanimous consent to offer the following resolution.
Mr. DEMING, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved by the HoRep, That the ComWays&Means be requested to inquire into the expediencyof repealing the advalorem tax on domestic cigars, and of reducing the specific tax to a uniform rate of 5 dollars per 1,000.
Mr. ROSS, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas it is currently reported that, “the sum of all villainies” is still being perpetrated by trading in human flesh in the purchase and sale of Indians in the Territories of the U.S. known as NewMexico and Colorado: Therefore, Be it resolved.That the ComIndAffrs be, and they are hereby, instructed diligently and promptly to inquire into the truth of said representations, and Ho: this House at an early day what congressional action, if any, is necessary to secure to every person within the national jurisdiction protection, liberty, and equality before the law, without distinction of race, color, or sex. DAkotA AND MONTANA WAGON roAD.
Mr. DONNELLY, by unanimous consent, introduced a bill to provide for the construction of a wagon road for military and postal purposes through the Territories of Dakota and Montana; which was read a 1st and 2nd time, referred to the ComTerrito ries, and ordered to be printed. StClAIR FLATS IMPROVEMENT.
Mr. TROWBRIDGE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That the SecyWar be directed to communicate to this, House the report of Brigadier Brevet General T. J. Craw of survey and estimates for the improvement of the channel over the StClair Flats made during the fall of 1866, and all other reports of surveys and estimates for improvement of navigation on the great lakes and their connecting rivers made during that year. COLONel, H. J. F.A.Ch.
Mr. GARFIELD asked and obtained leave for Colonel H. J. Fach to withdraw from the files of the House the papers in relation to his claim, 1st making and leaving copies of the Saine. GOVERNMENT OFFICES IN BIRIDGEPORT.
Mr. HUBBARD, of Connecticut, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComAppropriat be instructed to inquire into the expediency of an appropriation for the purpose of the construction of a suitable building in the city of Bridgeport, in the State of Connecticut, for the better and cheaper convenience of the Government offices required to be executed in that growing and prosperous city. DRAWBACK ON DOMESTIC MANUFACTURES.
Mr. HUBBARD, of Connecticut, by unanimous consent, also submitted the followin resolution; which was read, considered, an agreed to Resolved, That the SecyTreasury be directed to send to this House a full copy of all the rules and regulations that have been adopted under his direction prescribing what acts shall be what evidenceshall be done and . by exporters of articles of American manufacture to entitle them to the allowance of drawback provided for by the 297th section of the internalrevenue act. GOLD IN NEWYORK SUB TypeASURY.
Mr. COOK, by unanimous consent, submit. ted the following resolution; which was road, considered, and agreed to Resolved, That the Joint Select ComRetrenchment be directed to inquire why, in the present stringent condition of the NewYork moneymar ket, the currency balance in the sub Treasury in city that is constantly increasing; whether such increase or any part of it arises or has arisen from the sale of goid; and whether any agent of the Dept or any officer of the Governmenthaswithin the last 30 days loaned gold belonging to the Government to any person or persons or to any institution; and if so, to pwuhraptosines, tuitpuotine n, uponwhat consideration, for what what security, and to what amount. MUrder OF CAPTAIN MONTGOMERY.
Mr. WASHBURN, of Indiana, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the special committee to investigate the murder of Union men in SCarolina be instructed to inquire into the facts connectedwith the murder of Captain Montgomery, an officer of the U.S., by confederate soldiers, under the command of GeorgeW. Chilton, nowseeking admission as a member of this House, said Montgomery, as is reported, having been kidnapped in the city of Matamoras, Mexico, carried over, the Rio Grande, hung to a treeuntil dead, and had his head, and right orin i. off and sent to his fortner homein Texas as a trophy. PAY OF HON. A. H. COFFROTH.
Mr. RANDALL, of Pennsylvania. I ask unanimous consent to submit for consideration at this time the following resolution: Resolved, That the Sergeant at Arms be, and is hereby, authorized and i. to pay Alexander H. Coffroth the amount of increased pay as a member of mencemtheisntHouse provided by law, from the corn of the 39th "Congress to the period when he ceased to be a member.
Mr. KOONTZ. I object. TUCKER’s BEACH INLET.
Mr. NEWELL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved. That the Committee on requested Commerce be to inquire into the expediency of placing buoys at an inlet lately formed at Tucker's Beach, in the bay of Little Egg Harbor, on, the coast of NewJersey, and that they report by bill or otherwise. COLORED MUTUAL BUILDING ASSOCIATION.
Mr. KOONTZ, by unanimous consent, introduced a bill to incorporate the Colored Mutual Building Association of the city of Washington; which was read a 1st and 2nd time, and referred to the ComDistCol. FOREIGN BORN CITIZENS IN WASHINGTON.
Mr. KOONTZ, by unanimous consent, reported from the ComDistCol adversely upon the petition of citizens of foreign birth residing in the city of Washington, praying for equal rights and privileges with negroes; which was laid upon the table. ADMISSION OF NEBRASRA.
Mr. ALLISON. I call for the regular order of business.
The SPEAKER. The 1st business in order is the consideration of Senate bill No. 456, for the admission of the State of Nebraska into the Union, which bill was pending at the adjournment yesterday.
Skip Skip The previous question has been 2nd ed, and the pending question is upon ordering the main question to be now put. Mr. BOUTWELL. mtRtv the demand for The previous question was 2nded.Mr. ASHLEY, of Ohio. on the table.
Mr. STEVENS. I desire to ask a question of the Chair.
Mr. STEVENS. The question pending antecedent to the motion just made is, I be ‘lieve, Shall the main question be ordered?
Mr. STEVENS. If that question be deter mined in the negative will it not have the same effect as the reconsideration of the vote fooling the demand for the previous question
The SPEAKER. If the main question be not ordered the bill will be divested of the operation of the previous question.
Mr. Ci?'No. If the motion of the Gentfrom Ohio [Mr. As HLEY] to lay on the table the motion to reconsider should prevail, what would then be the position of the question?
The SPEAKER. The next question would be, Shall the main question be now put 7
Mr. THAYER. I call for tellers on the motion to lay on the table the motion to reconsider. Tellers were ordered; and Mr. Thayer and Mr. Wilson, of Iowa, were appointed.
Mr. ELDRIDGE. Cannot this question be taken by yeas&nays 7
The SPEAKER. The vote on this motion to reconsider cannot be taken by yeas&nays, because the vote on 2nding the previous question cannot be taken by yeas and naws.
Mr. ELDRIDGE. I understood the Chair to rule differently the other day.
The SPEAKER. The gentleman is mistaken. The Chair stated on that occasion that the question on reconsidering the vote ordering the main question could be taken by yeas&nays, because the vote on ordering the main question could be so taken.
Skip Skip The motion now is to reconsider the vote 2nding the previous question. The House divided; and the tellers reported ayes 61, noes 77. So the motion to lay on the table the motion to reconsider was not agreed to. The question recurring on the mtRtv The previous question was 2nd ed, there were ayes 70, noes 50. So the mtR agreed to. The question recurring on 2nding the demand for the previous question, there were ayes 50, noes 66. So The previous question was not 2nd ed.
Mr. BOUTWELL. I offer the following amendment: Strike out the 3rd section in nd the following words: Abife:, That this act shall take effectwith the fundamental andocondition that within said State of Nebraska, thereshall be no a bridgment or denial of the exercise of the elective franchise, or of any other right, to any person by reason of race or color, (excepting Indians not taxed.) And insert in lieu thereof the following: Abife:, That this act shall take effect with the fundamental o!condition that within said State of Nebraska there shall be no abridgment or denial of the exercise of the electiye franchise or of any other right to any person by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the Legislature of said State, by a solemn, public act, shall declare the assentof said State to the saidfundamental condition, and shall transmit to the POTUS an authentic copy of said act, upon receipt, whereof the President, by proclamation, shall forthwith announcethe fact, whereupon said fundamental condition shall be held as a part of the organic law of the State; and thereupon, and without any further proceeding on the part of congress,, the admission of said State, into the Union shall be considered as complete. Said State Legislature shall be convened by the territorial government within 30 days after the passage of this act, to act upon the condition submitted herein.
Mr. ROSS. I ask whether we are not entitled to a division of the question on this amendment, so that the vote shall 1st be taken on striking out the 3rd section?
The SPEAKER protempore, (Mr. CULLoM.) A motion to strike out and insert is not divis ible under the rules of the House.
Mr. HALE. I ask the gentleman to yield to me.
Mr. HALE. Mr. Speaker, I do not rise for the purpose of undertaking to discuss the very momentous proposition which has been put before the House by the distinguished Gentfrom Massachusetts, [Mr. Boutweil.] I however wish to say so much as this: that for one I utterly dissent from the whole political doctrine which the gentleman has enunciated: I am not prepared either to take the ground myself or willingly to see this House or the country put themselves upon the ground that no State of this Union, with the exceptio" perhaps of one or 2 NewEngland States, has ever yet had a RFG, for that is the end to which the gent” man's logic leads. if his doctrine be true, then I am a citizen of a State where no RFG exists; and the Gentfrom Maochusetts is a citizen of a State which has no!" o form of government. do not believe, sir, that the right of suffrago; the right to participate in the Government the inalienable right of the individual citizen, any sense whatever. It is a question sole governmental policy who shall be allowed." take part in the government of the State in the election of its officers, in making its laws.
Mr. STEVENS. Let me ask the gentlema" one question. Suppose a government. Yo formed where every man was excluded from voting and making the laws except two" named men, what is that?
Mr. BOUTWELL. I yield 8 minutes to the Gentfrom Ohio, [Mr. LeBLOND]
Mr. BOUTWELL. I yield 5 minutes to the Gentfrom Tennessee, [Mr. MAYNARD]
Mr. BOUTWELL. I will now yield the floor to the Gentfrom Ohio, [Mr. deLAN 0. helano took the floor.
Mr. HILL. Will the Gentfrom Ohio yield to me for a moment? I desire to ask the Gentfrom Tennessee [Mr. MAYNARDI a single question.
Mr. DELANO. I will yield to the gentleman if it will not come out of my time.
The SPEAKER protempore, (Mr. CULLoM in the chair.) It will come out of the gentleman's time.
Mr. DELANO. Then the gentleman must allow me to proceed. Mr. Speaker, the people of the Territory of Nebraska have organized a State government and adopted a constitution, and have presented it to the Congress of the U.S. for their approval. I believe nobody asserts that that government is not republican in form. If any gentleman here does I would be glad that he should say so.
Mr. DELANO. hardly have time for questions.
Mr. MAYNARD. I would ask the gentle man if he believes that we have the discretion to admit or not admit a new State, according as we may be satisfied or otherwise with her constitution, even though it may be republican in form 2
Mr. DELANO. I would inquire of the Chair how much time I have left?
The SPEAKER protempore, (Mr. CULLoM in the chair.) The gentleman has 3 minutes of his time remaining.
Mr. DELANO. I do not know what “discretion” this House may have; but if it shall adopt this principle, I shall think it shows very little discretion, [laughter;] that will be my opinion about it. Congress has the power, and it can now exercise it, to say to this young State it shall not be admitted into this Union. It has the power; but I tell you there is the voice of the people behind it, which will hold it accountable for the exercise of that power.
Mr. MAYNARD. I beg to say to my friendfrom Ohio, [Mr. DELANo]
Mr. DELANO. As I have too little time left to enable me to say anything of moment, I will leave the discussion with what I have already said.
Mr. BOUTWELL. I wish to say, before submitting a proposition to the House, that in the remarks which I have made I have merely expressed my own opinion as to what is a RFG. I think the juris diction of Congress over a Territory applying for admission into the Union as a State is clear and exclusive. Our jurisdiction over such States as Ohio and Pennsylvania with reference to the elective franchise is very clearly limited. I do not purpose to enter into any discussion as to what is the power of Congress over the old States in reference to the elective franchise.
Mr. HALE. Will the gentleman allow me to ask him a o, Mr. BQUTWELL. Yes, sir.
Mr. HALE. If the gentleman's doctrine is correct that a State which does not grant impartial suffrage to all men has not a RFG is it not the duty of this Congress to change the constitutions of NreepwublYicoarnk and Pennsylvania, and make them in form?
Mr. BOUTWELL. Mr. Speaker, that is entirely aside from the present question. There is no existing exigency calling upon Congress to interfere in reference to the institutions of the old States that have organized governments. What the power of Congress is with reference to that matter is a different question from that we are now called to consider. My own opinion is that when, by an arbitrary rule, a State deprives a particular class of men and their posterity for all time of participation in the government under which they live, just to that extent the government fails to be republican in form. Whether the exclusion of any small number of persons from participation in the government of any State furnishes occasion, under the Constitution, for the intervention of the Congress of the U.S. is a very grave question, and one which we are not now called upon to consider. But whether we shall admit into the Union a State formed out of a Territory, over which we have exclusive and continuing jurisdiction, is a different question; because, under the Constitution, we can hold the Territory as a Territory until its people frame a government which we are willing to accept as republican in form. Mr. Speaker, with these observations I desire to make a proposition to the House. There are many gentlemen about me who desire that this discussion shall extend beyond the hour which I hold under the rules of the House. It is not agreeable to me to be giving to other gentlemen my little remaining time in parcels of 5 and ten minutes. I therefore make this suggestion to the House; that the debate close at 3 o'clock this afternoon, and that the question be taken at that time; that I be allowed an opportunity to take the floor at 15 minutes before 3 o'clock; that during the intervening time the Chair shall control the assignment of the floor, and that speeches be limited to 15 minutes.
The SPEAKER protempore. If there be no objection to the proposition of the Gentfrom Massachusetts it will be considered as agreed to. There was no objection.
Mr. E. IS. I desire to know whether Congress has the right to impose and enforce a constitution upon a people.
Mr. FARNSWORTH. Congress has the right to make such terms and conditions upon the people of a Territory. By the enabling acts Congress has passed from time to time we have imposed conditions upon the Territories. We have declared the principle upon which they shall frame their State governments. We have declared that they shall put into their constititutions such and such provisions. We may declare, and it has been declared over and over again, that the lands of the U.S shall not be taxed for 5 years after their entry.
Mr. DAVIS. Perhaps the gentleman did not understand the point of one portion of my inquiry. It is, whether Congress has the right to impose or enforce these provisions.
Mr. Ni BLACK. Will the gentleman allow me to ask him a question?
Mr. NIBLACK. I would inquire of the gentleman whether the enabling act for the admission of the Territory of Nebraska does not limit the right of suffrage to white persons, and whether if so we ought now to impose any condition upon that Territory which the enabling act does not impose?
Mr. HIGBY. I will answer the gentleman by saying that I do not so understand the ena. bling act. If the gentleman will examine that act closely I think he will find that it refers to the principles contained in the DeclarIndep, which will give a very different phase to that question. I think those principles should be interpreted a right by this time and if they are, then those who are governed are the persons to speak upon the question.
Mr. NIBLACK. Ought we now to give an interpretation to the principles of the DeclarIndep, which we did not give to them when we passed that enabling act?
Mr. HIGBY. understand that the interpretation given then was the same as that given now; I so interpreted it, and I presume others did upon this floor. If we have been givin the lie to the principles of the Declaration. Independence, then we better soon turn from the error of our ways. I think the great difficulty under which the country has been laboring for the last 6 years grew out of a wrong application of the principles entertained in the DeclarIndep. Sir, the simple question here is whether we will, by adopting the amendment which is now under consideration, require Nebraska to give impartial suffrage to all her citizens, or whether, by rejecting that amendment, we will allow her to be admitted into the Union without impar tial suffrage. And that is the question to be decided by our vote upon the amendment submitted by the Gentfrom Massachusetts, [Mr. BouTwell] Here the hammer fell]
Mr. BOUTWELL. I yield 5 minutes to the Gentfrom Ohio, [Mr. BINGHAM]
The SPEAKER protempore. man's time has expired.
Mr. BOUTWELL. I now yield for 2 minutes to the Gentfrom Ohio, [Mr. ASHLEY]
Mr. ASHLEY, of Ohio. Mr. Speaker, the bill which came to us from the Senate was not such a one as I could approve, and therefore I made no speech in its favor, intending simply to vote for it and trust, as my friend said yesterday, that the moral power which the 3rd section carried with it would give us a majority in the 2 new States. I now rise to say that I shall vote for the amendment offered by the Gentfrom Massachusetts, [Mr. Boutwell, and to advise all the members of the House who are in favor of the passage of the bill to sustain that amendment, in order that we may stand as a unit in favor of the admission of these new States. I am satisfied that the adoption of this amendment will secure the early admission of Nebraska, and with that I am content.
Mr. BOUTWELL. reply to the Gentfrom Ohio, [Mr. BINGHAM, I desire to say that I think he is in error as to the proceedings of Congress in reference to the admission of Missouri. As I understand the matter, the constitution of Missouri contained a provision that the State might pass a law by which free negroes should be excluded from the State, and Congress declared that that provision in their constitution should never be so interpreted as to authorize the exclusion of free negroes from that State, requiring the Legislature of the State of Missouri to accept that as afundamental condition upon which Missouri was to be admitted into the Union. That is my recol lection.
Mr. BINGHAM. I have the statute here, and there is no such thing in it.
Mr. BOUTWELL. I now yield for a few moments to the Gentfrom Ohio, [Mr. GARFIELD]
Mr. BOUTWELL. I now yield for a moment to the Gentfrom NewYork, [Mr. DAvis]
Mr. DAVIS., Mr. Speaker, the single minute remaining before the debate on this bill must be closed will permit me to say only that, independently of any other considerations which might incline me to oppose its passage, I am constrained to vote against the admission of Nebraska as I shall vote against the admission of Colorado, because neither has a population sufficient to entitle it to a single Representative in Congress.
Mr. BOUTWELL. I now call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; which was upon the amendment of Mr. Boutwei.L. The amendment was read, as follows: Strike out the 3rd section in the following words: Abife:, That this act shall take effect with the fundamental and perpetual condition that within said State of Nebraska there shall be no abridgment or denial of the exercise of franchise, the elective or of any other right, to any person by reason of race or color, (excepting Indians not taxed. And inscrt in lieu thereof the following: Abife:, That this act shall take effect with the fundamental and .condition that within said State of Nebraska there shall be no abridgement or denial of the exercise of the elective franchise or of any other right t, o any person by reason of race or color, excepting Indians not taxed and upon the further fundamental condition that the Legislature of said State, by a solemn public act, shall declare the assent of said State to fundamental condition, and shall transmit the said POTUS an authentic copy of said whereof the President, by proclamation, shall forthwith announcethe fact, whereupon said fundamental condition shall be held as a part of the organic law of the State; and thereupon, and without any further proceeding on the part of gress, the admission of said State into the U.S. be considered as complete. Said State Legislature shall be convened by the territorial government within 30 days after the passage of this act, to act upon the condition submitted herein.
Mr. HISE. Is not the question on this amendment divisible, so that we can have a separate vote on striking out the 3rd section?
The SPEAKER protempore. One of the rules of the House expressly declares that a motion to strike out and insert shall not be divisible.
Skip Skip Mr. THAYER. I call for the yeas&nays on the adoption of the amendment. The yeas&nays were ordered. e question was taken; and there were yeas 87, nays 70, not voting 34; So the amendment was adopted. During the call of the roll the following announcements were made: Mr. MORRILL. My colleague, Mr. Wood BRIDGE, is confined to his room by illness. Mr. GRINNELL. My colleague, Mr. HUB BARD, of Iowa, is detained from the House by sickness. Mr. HOGAN. My colleague, Mr. Noell, is confined to his room by illness. Mr. O'NEILL. My colleague, Mr. My ERs, is absent attending to business of a committee. If he were present he would vote for this amendment. Mr. VANHORN, of NewYork. I desire to announce that Mr. CLARRE, of Kansas, is necessarily absent. If he were present he would vote for this amendment. o The result of the vote was announced as above stated. The bill as amended was ordered to a 3rd reading, and was read the 3rd time. M. BoUTWELL. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. ASHLEY, of Ohio.&nays. The yeas&nays were ordered. Thg question was taken; and it was decided in the affirmative–yeas 103, nays 55, not voting 33; So the bill was passed. During the call of the roll the following announcements were made: Mr. ALLISON., My colleague, Mr. Kassos, has been necessarily called away this morning. If he were here he would have voted in the affirmative on the amendment and on the passage of the bill. Mr. FERRY. I desire to announce that my colleague, Mr. BEAMAN, is absent by leave of the House. Mr. STOKES. I am authorized to state that my colleague, Mr. ARNELL, if present, would vote for the passage of this bill. The result of the vote was announced as above stated. Mr. ASHLEY, of Ohio, mtRtv the bill was passed; upon the table. agreed to. ADMISSION OF COLORADO.
Mr. ASHLEY, of Ohio. I now move, by unanimous consent, to take up and consider Senate bill No. 462, to admit the State of Col. orado. There was no objection. The bill was read. The preamble recites that on the 21st day of March, 1864, Congress passed an act to enable the people of Colorado to form a constitution and State government, and offered to admit the State, when so formed, into the Union upon compliance with certain conditions therein specified; that it appears by a message of the POTUS that the people have adopted a constitution, which upon due examination is found to conform to the provisions and comply with the conditions of the enabling act, and to be republican in its form of government, and that they now ask for admission into the Union. The 1st section provides that the constitution and State government, which the people of Colorado have formed for themselves be accepted, ratified, and confirmed, and that the State of Colorado be declared to be one of the U.S.A., and admitted into the Union upon an equal footing with the original States in all respects whatsoever. Section 2 declares the State of Colorado entitled to all the rights, privileges, grants, and immunities, and subject to all the conditions and restrictions of an act entitled “An act to enable the people of Colorado to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, ” approved March 21, 1864. Section 3 provides that this act shall take effect with the fundamental and perpetual condition that within the State of Colorado there shall be no abridgement or denial of the exercise of the elective franchise, or of any other right, to any person by reason of race or color, (excepting Indians not taxed.)
Mr. ASHLEY, of Ohio. I move to strike out the 3rd section, and in lieu thereof to insert the following, which is substantially the same provision as that which the House has already incorporated into the Nebraska bill: Abife:, That this act shall not take effect og: upon the fundamental condition that within the State of Colorado there shall be no denial of the elective franchise or any other rights to any person by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the Legislature electedunder saidState constitution, by a solemn public act, shall declarethe assent of said State to the said fundamental condition, and shall transmit to the POTUS an authentic copyof said act, upon the receipt whereof the President shall o: cwoitnhdiatine nnousnhcaellthbeefahcetl, dwahsearepuaprotnosfatidhefuonrdgaamnicenlatawl of the proceeding State; and thereupon, and without anyfurther on the part of Congress, the admission of spaleidteS.tate into the Union shall be considered as com Said State Legislature shall be convened by the governor elect of said State within 60, days after to:of this act to act upon the condition submitted herein.
Mr. BINGHAM, I ask my colleague to let me offer the following amendment: soTahmatenifd the irpeeoonpsletitouftisoanidasStthaatet no of deioslcorriamdionasthioanll shall be made on account of race or color in the right of the citizens therein to the elective franchise, the same shall be admitted by proclamation of the President on an equal footing with the other States.
Skip Skip Mr. ASHLEY, of Ohio. I cannot yield for that purpose. I demand the previous question. The House divided; and there were ayes 70, noes 40. so The previous question was 2nded.The main question was then ordered.Mr. FINCK demanded the yeas&nays on the amendment. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 84, nays 63, not voting 44;. So The amendment was agreed to. The bill, as amended, was ordered to a 3rd reading; and it was accordingly read the 3rd time. Mr. ASHLEY, of Ohio, demanded the previous question on the passage of the bill. Mr. DAVIS moved that the House adjourn. The motion was disagreed to. The previous question was 2nded and the main question ordered; which was upon the passage of the bill. Mr. ELDRIDGE demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 90, nays 60, not voting 41; So the bill was passed. During the roll call, Mr. STOKES stated that his colleague, Mr. A‘alys. o, was absent; if present he would vote Mr. ALLISON. My colleague, Mr. Kasson, would have voted “ay” if he were present. Mr. O’NEILL. , colleague, Mr. MYERs, who is absent on business of a committee, would have voted for the bill had he been present. Mr. VANHORN, of NewYork. I wish to make the same statement in regard to the Gentfrom Kansas, Mr. CLARKE, that I made upon the passage of the Nebraska bill. He is necessarily absent, and if present would have voted for the bill. The result having been announced as above recorded, Mr. ASHLEY, of Ohio, mtRtv the bill was passed; on the table. agreed to.
Mr. SCHENCK. I move that the House adjourn. WAR DEBTS OF THE LOYAL STATES.
@@@IN SENATE SENATE. WEDNESDAY, January 16, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. WILLEY, from the ComNavAffrs, to whom was referred the petition of George L. Elder, lieutenant of company D, 99th regiment NewYork volunteers, praying for relief for the officers of said company who were on board of the U.S. }. ate Congress when that vessel was attacked and destroyed by the rebel ram Merrimac, submitted a report, accompanied by a bill, (S.No.508,) for the relief of the officers of company D of the 9 9th regiment NewYork volunteers. The bill was read and passed to a 2nd oling and the report was ordered to be printed.
Mr. MORRILL, from the ComDistCol, to whom was referred the bill (S.No.492) to protect the rights of married women, and for other purposes, in the DistCol, reported it with an amendment. COOLIE TRADE.
Mr. SUMNER. The ComForRel have directed me to report a resolution in reference to the coolie trade; and in making this report I desire to say that the committee considered the question whether the resolution should be a JtResolution, which of course would require the action of both bodies and the signature of the President, or a concurrent resolution, which of course would require the action of the 2 loodies in harmony, or whether it would be enough to be simply a resolution of this body. While the subject was under consideration a similar resolution was introduced into the other House and there passed. It seemed, therefore, that the committee would do their duty if they reported the resolution simply as a senate resolution, and ask the immediate action of this body upon it.
The PRESIDENT protempore. The Senfrom Massachusetts asks the present consideration of the resolution now reported by him from the ComForRel. It requires the unanimous consent of the senate to consider the report on the day it is made. No objection being made, the resolution is before the Senate, and will be read.
The Secretary read it, as follows: ‘Whereas the traffic in laborers transported from China and other, eastern countries, known as coolie trade, the is odious to the people of the U.S. as inhuman and immoral; and whereas it is abhorrent to the spirit of modern international law and policy, which have substantially extirpated the African slave trade, to permit the establishment in its place of a mode of enslaving men different from the former, in little else than the employment of fraud instead of force to ore, make its victims captive: There Be it resolved, That it is the duty of this Government to give effect to the moral sentiment of the native prevent I through all its agencies for the purpose of the further introduction of coolies into this hemisphere or the adjacent islands.
Mr. SUMNER. I will read a very brief letter which has been put into my hands, dated “HongKong, November 14, 1866.” It will be seen that it is a very late letter for one coming so far. It is as follows: “Hard times are upon the Chinese and the coolie trade flourishes. 22 vessels were loading at one time at Macao. The negro slave trade was never half as bad as this traffic, which will ruin regular migration of the Chinese. It is time a stop had been put to this business. So much rascality is done in it that the Chinese suspect every offer of going abroad.” The resolution was adopted.
Mr. MORRILL. The ComDistCol, to whom were referred the amendments of the HoRep to the bill (S.No.177) to incorporate the National Safe Deposit Company of Washington, have instructed me to report them back to the Senate with a recommendation that the Senate concur in the amendments of the House; and I ask for their present consideration. There being no objection, the Senate proceeded to consider the amendments of the House to the bill. The amendments were read, as follows:. In section 5, line 3, page 2, after the word on ” insert the word “special.” In, section 5, page 2, words “such line 15, strike out the deposit and” and insert in lieu thereof the word “the.' In section 5, page 2, line 18, strike out the words “funds of " and insert in lieu thereof the words “funds belonging to.” In section 5, page 3, lines 19 and 20, strike out the words “ or such money or funds as may be deposited with said company for that purpose.” At the end of the bill add the following: “Nor be deemed to authorize the said corporation to pay interest on deposit of money, securities, or any other property deposited with it; and the operations of this corporation shall be confined to the DistCol.”
The PRESIDENT protempore. The question is, Will the Senate concur in these amendments made by the HoRep to the bill? The Chair will take the the question on the amendments collectively, unless some senator asks for a separate vote on each amendment. The amendments were concurred in. BALTIMORE AND OHIO RAILROAD.
Mr. MORRILL. The same committee, to whom was referred a resolution of the Senate instructing them to inquire into the transactions of the city council in granting certain rights and privileges to the Baltimore and Ohio Railroad Company in introducing its road into this District, have instructed me to report in part a bill which I have the honor now to present; and I ask for its present consideration. The bill (S.No.507) to amend an act entitled “An act to authorize the extension, construction, and use by the Baltimore and Ohio Railroad Company of a railroad from and between Knoxville and the Monocacy Junction into and within the DistCol, ” approved July 25, 1866, was read a 1st time by its title, and passed to a 2nd reading.
Mr. JOHNSON. I ask that the bill may be read at large.
The PRESIDENT protempore. The Senfrom Maine in reporting this bill from the ComDistCol asks for its present consideration. It requires the unanimous consent of the Senate to consider the bill the day it is reported. Is there any objection?
Mr. GRIMES. We can hear it read before we decide that question, I suppose. I should like to hear it read at length.
The Secretary read the bill, as follows: Be it enacted, doc., That instead of the right granted to said Balimore, and Qhio Railroad Company by the act approved July 25, 1866, to “into extend their said road and within the DistCol to such point or points, terminus or termini, as may be agreed upon between said company and the corporation of Washington, in respect to a road within the limits of Washington, and between the said company and the corporation of Georgetown, as respects a road within the limits of Georgetown, ” said Baltimore and Ohio Railroad Company are hereby authorized to extend their said road into and within the limits of the DistCol on such line and to such place or places as upon actual survey and plan of the same may be authorized by Congress, and not otherwise. Ske. 2. Abife: That all acts and parts of acts inconsistent with this act are hereby repealed.
The PRESIDENT protempore. Is the present consideration of this bill objected to? No objection being made, the bill is before the Senate for consideration.
Mr. JOHNSON. I suppose the effect of the bill is to take from the corporate authorities of Washington the right to control the road in the manner in which it is to come into the city, or whether it is to come in or not. I do not object to that. I think it perfectly right. The whole country is interested in the road which the company propose to make and are now, I believe, engaged in making. They are making a road from the Point of Rocks, the point of intersection with the main stem of their road that runs to Wheeling, and they propose to strike the District out here to the west somewhere. But I do not know how long Congress may sit. If Congress adjourns about the 1st of March, or the 1st of April, or the 1st of May, there will be nobody to pass upon the plans which the company may have for coming into the city, and it may obstruct the completion of the road for some 6 or 7 months. I suggest therefore to my friendfrom Maine that perhaps it would be as well to amend the bill so as to leave the location of the road to the approval of the SecyWar, or the President and SecyWar, instead of Congress. Congress is rather an unwieldly body to pass upon a question of that description. I think perhaps the bill had better lie on the table for the present; and if m friendfrom Maine has no objection, I will move that it be laid upon the table and printed.
Mr. JOHNSON. I will not make the motion now as the Senfrom Maine wishes to say something.
Mr. JOHNSON. I withdrew the motion to enable my friendfrom Maine to make the explanation which he has made in relation to the bill. I renew the motion that it lie on the table.
The PRESIDENT protempore. It will be printed under the rule, being reported from a committee. The motion to lay on the table was agreed to. INTRODUCTION OF BILLS.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.509) to amend certain acts in relation to the Navy; which was read twice by its title, referred to the ComNavAffrs, and ordered to be printed.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 157) in relation to ocean mail service between SanFrancisco, in California, and Portland, in Oregon; which was read twice by its title, and referred to the ComPostOffices. PAPERS WITH DRAWN AND REFERRED. On motion of Mr. NESMITH, it was Ordered, That the memorial of others, Cherokees, Susan Coody and odestroyed by indemnity for property someof the U.S. soldiers near Fort Gibson, in the year 1845, be withdrawn from the files of the Senate and referred to the ComIndAffrs.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPerson, its Clerk, announced that the House had passed the bill (S.No.462) to admit the State of Union, Colorado into the with an amendment, in which the concurrence of the Senate was requested. ADMISSION OF NEBRASKA.
The PRESIDENT protempore laid before the Senate the amendment of the HoRep to the bill (S.No.456) for the admission of the State of Nebraska into the Union; which was to strike out the 3rd section of the bill, in these words: Abife:, That this act shall take tehffaetct within the said fuSntdaatme oefntNael barnadskpaertpheetrueaslhcaollndbietion no abridgment or denial of the crercise of the elective franchise, or of any other right, to any person by reason of race or color, (excepting Indians not taxed.) And in lieu thereof to insert: Abife: That this act shall nottake effect except upon the fundamental condition that within the State of Nebraska thereshall beno abridgment or denial of the exercise of the elective franchise or of any other right to any person by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the Legislature of said State, by a solemn public act, shall declare the assent of said State to the said fundamental condition, and shall transmit to the POTUS an authentic copy of said act, upon receipt whereof the President, by proclamation, shall forth with announce the fact, whereuponsaid fundamental condition shall be held as part of the organic law of tphreocSeteadtieng and thereupon, and with9ut any further on the part of Congress, the admission of said State into the Union shall be considered as plete. comSaid State Legislature shall be convened by tphaesstaegrreitorial Governor within 30 days after the of this act, toted herein. act upon the condition submit
Mr. WADE. I move that the Senate concur in the amendment of the House.
Mr. EDMUNDS. I hope the Senate wool not concur in the amendment of the House. It is quite evident to lay mind, and of course that is as far as is necessary for my action, either that Congress have the power in setting up this Territory into a State to declare what shall be the practical exercise of equal rights there, or else it must be left to the people of the Territory in their original capacity as a people in the act of forming their constitution to.There is no middle ground. We might just as well, it appears to me, leave it to the common council of the city of Washington to decide how that shall be in the Territory of Nebraska as to the Legislature, I mean just as well upon legal grounds; and therefore it is that, without going into a fresh debate on the subject, but merely stating my reason for my position, I hope the Senate will not concur in the amendment.
Mr. JOHNSON. I agree with my friendfrom Vermont, that one of 2 propositions must be true; and if either is true this amendment ought not to be adopted, in the form in which it is. Either Congress has the authority to impose of itself without the consent of the people of Nebraska such a condition as is now in the bill, and which does not differ at all from the one contained in the amendment proposed by my friendfrom Vermont, or the power is in the people of the State. The amendment made by the Honse leaves it to the Legislature of Nebraska to decide whether the constitution which the people of the State have adopted shall be changed in a very important particular. If that is a proper mode of legislation, Congress can change the constitution of the State in any other particular without consulting the people of Nebraska. For that reason, therefore, which is the same as that suggested by my friendfrom Vermont, I shall be unable to vote for a concurrence with the amendment of the House.
Mr. EDMUNDS. I ask for the yeas&nays on the question of concurrence. The yeas&nays were ordered.
Mr. HENDRICKS. I did not expect that this bill would be called up this morning. I intended to propose the amendment which was submitted before by the Senfrom Missouri, [Mr. BRow N, not that I believe Congress ought to impose any conditions upon the admission of the State, but I do believe that if Congress undertakes to change the constitution that the people of a State have adopted, that proposed change ought to be submitted to some authority in the State that has control of the subject. It is very clear to my mind that Congress cannot change the constitution of a State; and I think it is equally clear that the Legislature of a State cannot change the constitution of the State, whether in the act of admission or afterward. It is not a legislative act. In the ab sence of authority in the constitution itself for the Legislature to change it, how is it possible for the Legislature now to provide that negroes may vote in the State of .when the constitution of that State, as adopted by the people expressly prohibits it? But I have not the amendment prepared and therefore cannot offer it. I think that the measure ought to be amended so as to refer the subject to the Polo
Mr. MORRILL. It is difficult for me to see the distinction which appears so plain to the Senfrom Indiana. In the case of missouri, the constitution provided, as has been stated by the Senfrom Indiana, that the Legislature should have power to exclude a certain class of persons. That is substantially the provision here. It is with the question of exclusion in the constitution of Nebraska that we are dealing. The cases were, both of them, equally questions of exclusion. Now, how othey be dealt with? Congress under took in the Missouri case to provide by act of Congress, which should be regarded as fundamental, that if Missouri came in as a State that act of Congress should be binding upon her, and being binding upon her should overrule her constitutional provision. That was the oint.
Mr. HEN DRICKS. Will the Senator allow me to ask him one question?
Mr. HEND RICKS. The Constitution of the U.S. provides that the citizens of each State shall have all the rights, privileges, and immunities of citizens of the several States. I believe that is the language very nearly. Now, I ask the Senfrom Maine whether the provision of the constitution of Missouri prohibiting persons of color from coming into that State who might be citizens of other States, in his judgment, was in conflict with this provision of the Constitution of the U.S.? If in conflict, was not that provision of the constitution of Missouri void? And in that view was it not proper for Congress expressly to disclaim an approval of that proposition, it being deemed by Congress unconstitutional? Is that case at all analogous to the oue’oeiore us, which is the case of a State regulating the right of suffrage, the right to do which is exclusively given to the State by the Constitution of the i.States?
Mr. MORRILL. I did not misunderstand the point taken by the honorable Senfrom Indiana before. I understood him before to say as he now repeats himself. But it was not the subject matter of the Constitution with which I was dealing; it was the method of reaching it by Congress, and in both instances it is the same. The Senate must remember that, in the case of Missouri, Congress did not undertake to nullify that provision of the constitution of Missouri; but it proceeded apparently upon the ground that it was at least doubtful whether she might not do that thing, and provided in the very terms of the act that the act of Congress should be regarded as a fundamental condition upon which she should be admitted, and being fundamental should overrule her constitution. In that case it was the validity of the act of congress which was relied upon to correct the irregularity in the constitution of Missouri. So here Erec.isely: we are to admit Nebraska; but there a feature in her constitution which is re. garded as objectionable, the HoRep have proceeded, in the very language of the act in the case of Missouri, as I recollect it, to say that it shall be done upon the fundamental condition that the objectionable provision in her constitution shall never be construed to have the effect that is provided for in that constitution. I submit to my friendfrom Indiana, waiving the question of the subject matter in the 2 cases, that the method of proceeding is precisely parallel.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is Senate bill No. 453.
Mr. WADE. I move that that be laid aside so that we may dispose of the Nebraska and Colorado bills. they will not cause any further lengthy debate. The subject has been debated so long that it seems to me nothing new can be said on it.
The PRESIDENT protempore. It is moved that the present and all prior orders be post poned for the purpose of continuing the consideration of the amendment of the HoRep to Senate bill No. 456.
Mr. EDMUNDS. I hope the Senate will not do that. It is quite evident that this measure with the new complication which is now attached to it a proposition which received the disapproval of a very large majority of the Senate on a vote the other day will not be disposed of without considerable debate; and I think, inasmuch as the regular order of business is now reached, and that is a matter of very considerable importance also, and one which I hope we shali finish today, this other measure will take its usual course, so that we shall be able tomorrow to consider it.
The PRESIDENT protempore. The question is on the motion of the Senfrom Ohio.
Skip Skip The question being put, there were, on a division ayes 15, noes 15., Mr. RAMSEY called for the yeas&nays, and they were ordered; and being taken, resulted years 24, nays 17; 48. So the motion of Mr. WADE was agreed to.
The PRESIDENT protempore. The Senfrom Missouri is entitled to the floor on the question before the Senate.
Mr. HENDERSON. I had about concluded what I intended to say. My only object in ris; was to express the hope that we might get rid of this question, and I do not know of any better way than to accept the amendment of the HoRep. The Senate, I presume, in the adoption of the amendment of the Senfrom Vermont originally, desired to use simply a constraining influence upon the people of and Colorado to enfranchise the colored population. There are, perhaps, from 5 to ten negroes in each of those Territories, and their enfranchisement will be the only effect the amendment wi?? have, even if it be effective, to accomplish the object designed. The HoRep seem to think that the amendment adopted by the Senate will not be effective, and they think that if it shall be consented to by the Legislatures of these 2 States it will have the effect. Now I have no objection to that amendment if it shall be so thought; and my impression being that, even though it shall not be effective to accomplish the object, these States will enfranchise the blacks, I shall vote for the proposition and hope that in that way we shall dispose of this question., The dispute really amounts to but little; and as I believe a ma. jority of the Senate are inclined to admit these States now, and inasmuch as they think they ought to be admitted aside from the question which is now pending and which is not a prac tical question and is not one of very great importance anyhow, in my judgment we had bet.ter admit them.
Mr. HENDRICKS. If it be practicable for the Secretary to put his hand upon the amendment which was proposed to this bill originall by the Senfrom Missouri, [Mr. BRowN, ] will move to substitute that for the House amendment.
The Secretary read the proposed amendment to the House amendment; which was to strike out all after the word “that” and insert the following: This act shall not take effectexcept upon the fundamental condition that within the State of Nebraska there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, and upon the further condition that this fundamental condition shall be submitted to the voters of the Territory of Nebraska at an election to be held on the 1st Tuesday of next. And at such election said voters shall declare their assent to or dissent from the condition aforesaid in such form as shall be prescribedby the Governor of said Territory. Andall votesgiven at such election shall be returned teolescuticohnG, governor within days from the day of the who shall forthwith canvassthe same. And if a majority of such votes shall be for this condition the Governor shall certify that fact to the i. of the U.S., who shall by proclamation an nounce the fact; whereupon, without further proceedings on the part of Congress, this act shall take effect.
Mr. HENDRICKS. It is suggested to me that the words “excepting Indians not taxed.” ought to be inserted.
The PRESIDENT protempore. It is in the power of the Senator to modify his own amendment, and it will be modified at his suggestion by inserting those words.
Mr. WADE. I wish to ask the Senator a question. Does he propose to vote for the bill if his amendment is attached to it?
Mr. HENDRICKS. That is a question which it was hardly necessary to ask, because the bill is not again to be voted upon. But, sir, I will act in good faith upon this question: you adopt this amendment and I will vote for the amendment.
Mr. WADE. Oh, yes, “for the amendment!” I presume so.
Mr. HENDRICKS. I ask the Senator how I can vote for or against the bill now?. He asks me a question that I cannot answer, for I cannot vote for the bill or against it: the bill is not before the Senate. But I answer the question in its force and meaning by saying that if he will adopt this and let the question go to the people I will vote for it and let the people decide; and if they decide that they want negro suffrage in Nebraska, let it be so; I am content.
Mr. FESSENDEN. I do not rise for the purpose of taking any part in this debate, but simply to notify the Senate that it was my design to call up the tariff bill tomorrow; but, under the circumstances, with so many questions pending, I have concluded to defer it a little longer, and I now give notice that I shall ask the Senate to take up that bill on Monday next. It is very pressing; we have but a short time left; and we have as yet hardly done any of the absolutely necessary business of the session. No one of the appropriation bills has yet come from the House. I shall on Monday move to take up the tariff bill, and shall insist upon it so far as it is in my power to insist, asking the Senate to postpone any other business that may be in the way of it at that time.
Mr. WADE. I do not propose to go into any argument on this question. It was hereto fore argued so much in this body that I believe every Senator who saw fit to participate in the debate had ample opportunity to do so and to define his position upon every point connected with it that could be thought of And I abstain because I know that if we do not forbear some what from debate on these questions the business of the Senate will be very much obstructed. I ask the friends of the bill to vote down all these amendments and take the amendment of the HoRep, in order to get rid of the subject in some way or other as soon as we can. I will not debate it; I will not be provoked into any further discussion on the subject; and I wish the friends of the bill would stand by the House amendment if they can, and let us end the matter one way or the other with as little delay as possible.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Indiana to the amendment of the HoRep.
Skip Skip Mr. HENDRICKS called for the yeas&nays, and they were ordered; and being taken, resulted yeas 18, nays 21; 13. So the amendment to the amendment was rejected.
The PRESIDENT protempore. The question recurs on concurring in the amendment made o the HoRep, upon which the yeas&nays have been ordered. The quo being taken by yeas&nays, resulted yeas 28, nays 14; 10. So the amendment was concurred in. ADMISSION OF COLORADO.
Mr. WADE. I move now to take up the The motion was agreed to; and the Senate proceeded to consider the amendment of the HoRep to the bill (S.No.462) to admit the State of Colorado into the Union, the House amendment being to strike out all of the 3rd section of enacting the bill after the clause and in lieu of it to insert: That this act shall not take effect except upon the fundamental condition that within the State of colorado there shall be no denial of the elective franchise or of any other right to any person by of race or color, excepting Indians not taxedr;eaasnodn upon the further fundamental condition that the Legislature, elected under said State constitution, by a solemn public act, shall declare the assent of said State to the said fundamental condition, and shall transmit to the POTUS an authentic gopy of President, .s”aid a.ct, usphoanll freercte hipwtitwhhaenrneooufnthcee, the fact, whereupon said, fundamental, condition shall be held as a part of the organic law of the State; and thereupon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by the Governor elect of said State within 30 days after the passage of this act to submitted herein. act upon the condition Mr. BUCKALEW. I ask for the yeas&nays on the question of concurring in that amendment. The yeas&nays were ordered; and being taken, resulted yeas 27, nays 12;. So the amendment was concurred in. FRENCH interVENTION IN MEXICO.
Mr. HOWARD. I move to take up the resolution submitted by me some time since, which was under consideration yesterday morning.
Mr. WILLIAMS. I do not intend to indicate any opinion as to the merits of the resolution, but I hope the pending business will not be put aside for the purpose of taking up that resolution. I do not see that there is any immediate necessity for its consideration, and it opens an unbounded field of debate, and there is a necessity that the question regularly before the Senate should be disposed of as soon as practicable so that it can be under stood what is to be the policy of Congress in reference to appointments to and removals from office.
Mr. HOWARD. I do not think this resolution will lead to any debate.
Mr. HENDRICKS. If the Senfrom Michigan desires particularly the consideration of this resolution now, I shall not oppose it. I did design to submit some o:on the Mexican question to the Senate and would have liked to submit them on this resolution; but of course I will not ask him to postpone calling it up if he desires its immediate consideration.
Mr. HOWARD. I am anxious that the resolution should pass; but still if any gentleman desires to address the Senate upon iIt will not insist upon occupying the time of the body with it today. I am not apprehensive, however, that much time will be occupied in its discus S10n.
Mr. CONNESS. I believe the chairman of the ComForRel intends to address the Senate on this subject. I expect that that is the case to some extent. I hope it will not be taken up now, but that we shall go on and finish the other subject alluded to by the Senfrom Oregon, for even if that be not of pressing importance it is certainly clear that we shall not get to other business until it is disposed of.
Mr. SUMNER. I desire to say that I cer. tainly have no purpose of addressing the senate at any length on this subject. I do not think at this moment, just at this juncture, debate on the question is expedient. I am sure there is no occasion for it; and it is not a little curious that while my excellent friend [Mr. HowARD] yesterday in his elaborate speech was declaring his disbelief that the French troops were about to leave Mexico, or that they ever would leave Mexico, the morning paper contained a distinct annunciation that troops were going enmasse, as it was expressed, to Vera Cruz to embark for France. All official and private information is to the same effect. I had yesterday in my hands a disatch which had been communicated to me from the State Dept, from our consul at Vera Cruz, announcing the arrival in that harbor of an Austrian frigate to receive Maxi milian. That I had on my desk while the Senator was speaking asking for information on the subject and declaring his entire disbe lief that the French troops would ever leave Mexico in any reasonable time. I beg to inform that Senator that while we are now speaking the French troops are getting on board their transports for France. Does not the Senator hear the sound of their em on and the whistle of their steam en lines
Mr. SUMNER. Very well; let him apply his ears and he will hear it. It comes in every wind from the South, and also from Europe itself. There is no doubt about it. The French troops are at this moment, while we are making this inquiry, on their way to Europe. The whole inquiry therefore is entirely unnecessary. But as I said yesterday I have no objection to the passage of the resolution and calling the attention of the committee to the subject, provided the resolution is in the received language of this body; that is, that the subject is committed to the discretion of the committee, charging them with the inquiry if in their judgment it it shall be expedient. I proposed an amendment to the resolution like that yesterday. With that amendment I shall have no objection to the passage of the resolution. I have made these remarks as one reason why we should not proceed with it now.
Mr. WILLIAMS. I call for the regular order.
The PRESIDENT protempore. The motion is that the present and all prior orders be post poned; that motion is in order.
Mr. HOWARD. I hope the resolution will be taken up and passed by the Senate. It is one of importance because the information which it requires at the hands of the Commit.tee on Foreign Relations is itself very important to the country. I do not propose to go into the merits of the resolution, as the Senfrom Massachusetts seems to have done. I said upon that subject almost all that I desired to say yesterday. I must at the same time, however, repeat that I regard these rumors to which he has given currency here in the Senate as of no more value than the 1,000 and one rumors with which the country has been amused during the last 16 or 18 months in regard to the withdrawal of the French troops from Mexico. Iyesterday showed from the convention between the French emperor and Maximilian the improbability of any such withdrawal. But that is not all that is covered by the resolution; it embraces a great number of other matters equally important to the country; and I hope the Senate will pass the resolution as it is presented and not adopt the amendment suggested by the Senfrom Massachusetts giving to the ComForRel entire discretion whether to report upon these grave subjects or not. That discretion the committee have always possessed, and they might have exercised that discretion at any time heretofore. It is not for the chair man of the ComForRel or any other chairman of a committee here to claim the right of deciding what is expedient for the Senate to do in regard to these inquiries; it is for the Senate to decide whether or not it is expedient to call for the information, and not for the ComForRel, however wise and learned and industrious it may be. The motion to take up the resolution was not agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLoyd, its Chief Clerk, announced that the House had passed a bill (H.R.No. 356) fixing the compensation for the bailiffs and criers of the courts of the DistCol. Enrol, Led bills signed. The message also announced that The SPEAKer of the House had signed the following enrolled bills; and they were signed by the President protempore: A bill (S.No.456) for the admission of the State of Nebraska into the Union; and, A bill (S.No.462) to admit the State of Colorado into the Union. HOUse bill, referred. The bill (H.R.No. 356) fixing the compensation for the bailiffs and criers of the courts of the DistCol was read twice by its title, and referred to the ComJudiciary. TENURE OF OFFICE.
Mr. WILLIAMS., I move that the Senate proceed to the consideration of the bill regu ating the tenure of offices. The motion was agreed to; and the Senate resumed the consideration of the biii (S.No.453) to regulate the tenure of offices, the pending question being on the motion of Mr. SUMNER to amend the amendment agreed to as in ComWhole by adding to it the following additional section: Abife:, That all officers or agents, except clerks of Depts, now appointed by the President or by the head of any Dept, whose salary or compensation, derived from fees or wise, other exceeds$1,000annually, shall be nominated by the President and appointed by and with the advice and consent of the Senate; and the term of all such officers or agents who have been appointed since the 1st day of July, 1866, either by the President or by the head of a Powithout the advice and consent of the Senate, shall expire on the last day of February, 1867.
Mr. HOWE. I have been very much in favor of the pending bill and am still; and yet I shall feel profoundly sorry to reject see the Senate the o;amendment; and in spite of.I have heard I cannot imagine for my life what answer the Senate can give if it shall ass.the bill and reject this amendment. The from Vermont [Mr. EDMUNIsl says he does not want to incumber the bill; he does not want to embarrass the bill. What does he want to pass the bill for unless he means to accomplish something by it? And if he means to accomplish anything by the passage of the bill I think he will have to put the amendment into the bill or he will not achieve anything much by the bill. Now, what is it that he aims to accomplish by the passage of the bill? What is the evil we are trying to redress? The Senfrom Maine [Mr. FEssRNDEN] said last night that he was in favor of the passage of this bill, because he had given notice at the last session that if the President per sisted in reappointing to office persons who had been nominated to the Senate and rejected, then he would be in favor of some law to restrict this power of the President. And so the Senfrom Maine seemed to be under the impression that by the passage of this bill we were aiming simply to prevent the President from reappointing to. } office men who had been by him and had been rejected by the Senate. If that be the main purpose of this bill, I have misapprehended it; and if that be the unain purpose at which this bill aims, it is a very awkward attempt to achieve it. If my purpose were to prevent the President from appointing to office men who had been rejected by the Senate, I think I could find a more direct and a more certain way to accomplish that end than this bill. I think it would be sufficient for that purpose to say that if he did appoint to office one who had been rejected by the Senate it should be a crime, and that he should be punished for it in some mild way.
Mr. EDMUNDS. They are appointed by the SecyTreasury,]. to law, on the nomination of the collector of the port.
Mr. CRAGIN. Allow me to make a suggestion to the Senator.
Mr. CRAGIN. The Senator has just been arguing that these appointments practically are made by the collectors and assessors. I ask him if they do not know these men?
Mr. HOWE. Do they come under the amendment?
Mr. EDMUNDS. Certainly they do, because they are not deptal clerks, and they are in the service of the Government.
Mr. SUMNER. They are not appointed by the head of a Dept.
Mr. EDMUNDS. The exception in the amendment is simply of clerks in the Depts.
Mr. SUMNER. They are not appointed by the head of a Dept, but appointed by the various postmasters.
Mr. FESSENDEN. Oh, no; the nominations are sent by the postmasters to the PostMGenl.
Mr. EDMUNDS. They are appointed in exactly the same way that the clerks all over the country administering the functions of every one of the other Depts are apointed; that is, the head of i. the Dept has a controlling voice as to who those clerks shall be. Then, take the customhouses, if you please; there are 100s of night watchmen, whose only necessary quality is that of simple fidelity as a sentinel, whose compensation is more than 1,000 dollars a year.
Mr. SUMNER. Are they appointed by the head of a Dept?
Mr. EDMUNDS. They are appointed by the SecyTreasury.
Mr. HOWE. Yes, sir, unless I mistook him, he really undertook to be facetious over the idea that the Senate might be caught hereafter in secret session deliberating upon the fitness of a night watchman in some of the customhouses of the U.S. That might be a ludicrous spectacle; but then I wish to console my friend with the reflection that it will be in secret session and nobody will see us but our selves, and we can stand that. But the point I wished to make was, that whatever officer, be he employed in NewYork, Burlington, Madison, or elsewhere, is held to be of sufficient importance to the service to pass in review before any tribunal here in the capital of the nation, whether it be the President or the head of a Dept, is, in my judgment, of sufficient importance to have the indorsement of the Senate. Let your collectors select all the unimportant officers and be responsible for them; but when you want to dignify an officer so far as to send his name to Washington to pass in review before the SecyTreasury, I object to his being reviewed by him at all. Let him come here.
Mr. EDMUNDS. Will my friend allow me to ask him how can we, by the Constitution, vest the appointment of these inferior officers in the collectors of customs? The Constitution only gives us authority to vest the appointment of inferior officers in the President, the heads of Depts, or the courts of law. That is the limit of our authority. We cannot therefore authorize a collector of customs, or a local postmaster, or anybody else to appoint an officer who is to execute the laws of the U.S.
Mr. HOWE. And yet, Mr. President, prac tically they do do that; and I heard it asserted by the Senfrom Maryland, {Mr. JOHNson] the other day that we could locate the appointment of these officers just where we pleased.
Mr. HOWE. No, I cannot say that I do think we can locate them where we please; but if the law is defective in that respect we can prevent that effect of it by an amendment to it, if that be your purpose. What we are aiming at is to bring the body of those officers who are made political machines of now before the Senate for their indorsement. That is the purpose at which we are aiming; and I am not to e deterred by being told that the number is very great. If it is very great, as I believe it is not, I say, as I said before, that the necessity for the law is so much greater.
Mr. FESSENDEN. I should like to ask a question of the honorable Senfrom Iowa and also of the honorable Senfrom Wisconsin. Why do they confine this provision to those officers ; receive more than 1,000 dollars? Why not extend it to every one who receives as much as $100?
Mr. GRIMES. Does the Senator desire an answer?
Mr. GRIMES. I did not draw the amendment proposed by the Senfrom Massachusetts; but if I had the power to do it I would not limit it to those receiving $1,000. I insist that the appointing power is lodged in the President, with the advice and consent of the Senate, of every officer, and that we aban don our duty when we confer it entirely upon him.
Mr. FESSENDEN. The Senator is mistaken in supposing that the Constitution says any such thing. The Constitution takes it for granted that this power will not all be lodged in the President. The Constitution says that the President shall appoint all officers except those the appointment of whom may be vested in the heads of Depts or the courts of law; and I would ask the honorable Senfrom Massachusetts why he does not include the appointees of the Supreme Court; why he confines it to the Depts? I should like an answer if he chooses to give one.
Mr. SUMNER. I did take that case into consideration, and I was governed by the thought that the appointments by the courts, whether the Supreme Court or the circuit courts, were a class by themselves, and I thought that that might be treated of in a separate bill if there should be occasion for it. I was not sure that there was occasion for it, because I was early taught that a court ought to have the appointment of its own officers; and there seemed to be some reasons peculiar to a court why they should have that power. I have not yet abandoned that ori fo teaching with o to courts, and there ore on this occasion I did not propose to interfere with that; and yet I can see that there may be strong arguments why this provision should extend even to the clerks of courts.
Mr. FESSENDEN. Well, Mr. President, it seems it comes to the same thing. The framers of the Constitution were so unwise and so feeble that they forgot to provide that the president should appoint every officer, and the Senfrom Iowa, by way of curtailing his power, gravely argues that the way to do it is to make him appoint every officer. That is the way to curtail his power. And that is the argument of the honorable Senfrom Wisconsin. The President has not the appointment now of the 10,000 mine r officers in the country; give it to him in order to curtail the power that he exercises; frighten him with it.
Mr. GRIMES. He has it indirectly through others.
Mr. GRIMES. The Senator has stated the number of civil offices in the gift of the President. Perhaps he may be able to inform the Senate of the number in the gift of the SecyTreasury. If so, I would be happy if he would inform us.
Mr. COWAN. Sloanaker. He was twice confirmed and twice rejected, and I know that a very considerable number of Senators belonging to the dominant party were anxious that he should be reappointed again, notwithstanding the rejection. I agree with the honorable Senfrom Maine, as I have stated on the floor, that, in my judgment, it is against the spirit of the Constitution to reap Yoint the same person to the same office after. has been once rejected by the Senate; yet I do not look upon that as imperatively the rule. I should never do it unless I was satisfied that a wrong had been done to the appointee by the Senate without being properly informed. But, sir, it is equally clear that the effect of this rejection does not last forever. If a man should be appointed collector for the port of NewYork at this session and rejected by the Senate and nominated ten years afterward, nobody would pretend that that rejection would disqualify him.
Mr. FESSENDEN. He may be nominated at the very next session; but he should not be appointed during the recess after having been rejected.
Mr. COWAN. Well, if the effect of the rejection is simply to continue during the recess, then it is divested of its difficulties.
Mr. FESSENDEN. He ought not to be put in again without the assent of the Senate.
Mr. COWAN. I am not prepared to say that I would agree to a distinction of that kind, to so define the power and limit it, because I have had my mind made up on that subject for 20 years. I had occasion 20 years ago to look that question directly in the face; and although I could not say it was bad law, I did think it was a discourtesy to the coordinate body and an improper exercise of the appointing power. As I see my honorable friendfrom Ohio [Mr. SHERMAN] in his seat now, I beg to call his attention to another thing. It was stated by him that “of the 2,000 removals made, not 100 had been sent in to the Senate.” The number that has been sent in is 357, and I believe the Senate have acted upon but 5. I do not think that my honorable friend desired to exaggerate about this matter and I have no idea that he was desirous still further to disturb the state of feeling now existing in the country by putting things in a worse light than they really are; but that is the fact. 446 removals out of 2400 have been made; 357 of those have been sent to the Senate, and 5 of them have been disposed of by the Senate. Now, sir, it is unquestionably unjust to complain of the President, that he has not sent all these names into the Senate, when he is abead this session 352 appointments now, and they are not yet acted upon. P. WILLIAMS. I ask the Senator if that includes military appointments?
Mr. COWAN. Oh, no, civil appointments; and I will state the number of removals that have been made in the different Depts, as I have taken the trouble to get the information on that subject. In the Dept of State there are 340 appointments, and there have been ten new ones made. In the Treasury Dept there are 973 appointments, and there have been 199 changes. In the Dept of the interior there are 2ten appointments, and there have been 21 . In the postoffice Dept there are 709 appointments, and there have been 197 changes. In the office of the AttyGen there are 22 appointments, and there have been 19 changes.
Mr. GRIMES. What do you mean by “appointments?”
Mr. FESSENDEN. Were not soldiers dismissed to make room for civilians?
Mr. COWAN. I have heard that statement, but I do not know of a single case where a good soldier who was qualified to perform the duties of the office and could give the proper securities was displaced. I knew of one case where a very worthy man was in an office, but unfortunately his securities were not such as to recommend him to the appointing power and I think they would not have recommended him to the Senate, and a civilian was put in his place; but as a general rule wherever a soldier could be found who was qualified to perform the duties of the office and fill its functions he was favored. Mr. President, I cannot hope to say so well as the honorable Senfrom Maine has just said, what are the reasons against this proposition. I would not dare to attempt the task of gilding his gold and painting his lily; but I must be allowed to say that I think his words were wise, eminently wise, eminently good, eminently adapted to pour oil upon the surface of these troubled waters, and I should be glad if willing ears were lent to them.
Mr. JOHNSON, You can state what has not been done.
Mr. SHERMAN. I can state then, in a single word, that but one of all these nominations, about which there is so much feeling and controversy in the State of Ohio, has been sent to the Senate. My colleague will know whether I am correct or not.
Mr. SUMNER. Are those persons appointed by the head of a Dept?
Mr. SUMNER. I think not according to law.
Mr. JOHNSON. Mr. President, the question of the President's power to remove is not ferhaps involved in the particular amendment. rise, therefore, not for the purpose of discussing that question nor to say anything upon the propriety of the particular amendment, but merely to make good what I stated to be a fact, as I thought very accurately within my recollection that the opinion which Mr. Hamilton expressed in a number of the Federalist, to which the Senfrom Oregon [Mr. will LIAMs] referred the other day, that the power to remove could only be exerted in conjunction with the Senate, was afterward changed by him. At the moment I did not recollect where I had seen it; but that I had seen it I was perfectly satisfied.. I find, as evidence of that, a letter from Mr. Madison, dated the 10th of January, 1832, to Mr. W. C. Rives, in the concluding portion of which he says:. “The nuthority of Colonel Hamilton, I observe, is cited against the power in question.” He is speaking of the power of removal. “If his language in the Federalist was so intended, which is not probable, he must have changed his opinion at a very early day, as is proved by his official reports, which go into the opposite extreme. such a change, if real, would not, indeed. be with oeuxtplahiinseodwn example. In the Federalist he had so the removal from office as to deny the power to the President. In an edition of the work at NewYork there was a marginal note to the passage that “Mr. H. had changed his view of the constitution on that point.’” That is the authority to which I referred as proving that the alleged opinion which he entertained on the subject was subsequently altered.
Mr. MCDOUGALL. Will the Senfrom Missouri allow me to ask him a question?
Mr. MCDOUGALL. Suppose that a postmaster should be guilty of a '. by abstract.ing $5,000 from the postoffice during the recess of Congress, where then would be the authority to displace him and appoint some competent man?
Mr. HENDERSON. Certainly not. I apprehend nobody denies the power of Congress to regulate it. The difficulty, I will suggest to the Senfrom California, is that we have always left this question to the President; we have never regulated it by law. We have always supposed that when an officer commits a wrong, a crime, the President may remove him. We have conceded that power to him. But now, as I understand, the Senate and HoRep have gone to work to regulate this power of appointment, and instead of removing absolutely we give to the President the power merely of suspending an officer.
Mr. MCDOUGALL. If the Senator will allow me, not designing to interrupt the course of his argument, I desire to say a word, as I do not purpose to enter into the discussion myself. The reason why that doctrine was held was, that it was necessary that Government should be capable for all its immediate exigencies that executive and legislative and judicial powers should exist for all proper purposes; that the business of taking charge of offices rested with the Executive, and in the absence of Congress, when Congress could not act, there was no other power except the executive power, and ez necessitate it fell to the executive branch of the Government. It was so held because it was a necessary fundamental law for the purpose of an established Government, and belongs to the foundation of law. It was necessary that there should be power somewhere to rectify an evil which might exist in the Government. It was necessary, when an officer acting on the part of the Government should commit a crime, that some power should exist to put him out of authority and substitute some other person in his place who would endeavor to maintain the rights of the Government. That necessary rule of law, fundamental law, necessary law, obtained and became the rule, because its necessity was found in the early days of the Republic; and it is a necessity now, and it is that necessity that has made the rule.
Mr. EDMUNDS. I shall yield with pleasure to that motion, but I hope it will be understood that we shall be ready to stay here tomorrow till we finish this bill. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, January 16, 1867. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. ORDER OF BUSINESS.
The SPEAKER protempore [Mr. Wash BURNE, of.] stated as the 1st business in order the consideration of House bill No. r5e4g3, arpdending at adjournment last evening, in to reconstruction.
Mr. STEVENS. I understand there are several gentlemen who desire to have a morning hour. I have no desire to interfere with it if this bill shall come up immediately after the morning hour, and if the morning hour shall commence immediately. I can only consent to that arrangement with the understanding that the morning hour commences now. No objection was made.
The SPEAKER protempore. The morning hour has now commenced, and the 1st business in order is the call of the committees for reports, resuming the call where it was last suspended, with the ComDistCol. DISTRICT COURT OF NCAROLINA.
Mr. CQQK, by unanimous consent, submit.ted the following resolution; which, being a call for executive information, was considered by unanimous consent, and agreed to: Resolved, That the SecyInterior be in satrreucptreodvidteodrefoprortthetocltohrek oHfotuhsee wcihrceuth iteraanndydirsotorimcts courts of NCarolina, and whether any legislation is necessaryto securethe records of that office, and what has been the entire compensation of the mar shal and clerks of that district during the last year. CONSTITUTIONAL AMENDMENT.
Mr. SPALDING. I ask leave to submit the following resolution: Resolved, That the ComJudiciary be instructed to ritpinregparerespaencdtinrgepthoertnetcoetshsiistyo House obtaining any further sanction to the constitutional amendment than 3/4ths of the States actually represented in the Congressof the U.S. "
Mr. FINCK. I object. CONVERSION OF BONDS AND TREASURY NOTES.
Mr. ALLISON, by unanimous consent, submitted the resolution; which was read, considered, and agreed to: Resolved. That the of the Treasury is hereby directed to furnish this House with the information required by the provisions of section 2 of chapter 39 of the act of the 1st session of theos.Congress, approved April 12, 1866. COMMANDER AARON K. HUGHES.
Mr. WARD, of NewYork, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComNavAffrs be eanucthyoorfizeaduthanordizdinirgecttheed President to intnoomthienaetxepeadnid: by and with the advice and consent of the Senate, to appoint, Commander Aaron K. Hughes to the active list of the Navy. NATIONAL LIFE AND ACCIDENT INSURANCE.
The SPEAKER protempore. The House now resumes the call of committees for reports, and reports are in order from the ComDistCol.
Mr. MERCUR. There was a bill pending, reported from the ComDistCol on Friday, when the House passed from the consideration of District business for the incorporation of the National Life and Accident Insurance Company.
The SPEAKER protempore. That bill was upon the Private Calendar and will not come up again until next Friday.
Mr. INGERSOLL. By unanimous consent it was taken from the Private Calendar and considered during the morning hour.
The SPEAKER protempore. It was taken up by unanimous consent on private bill day, but if there be no objection its consideration can be resumed today. No objection being made, the House resumed the consideration of bill of the Senate No. 290, to incorporate the National Life and Accident Insurance Company of the DistCol.
The SPEAKER protempore. When this bill was last under consideration the Gentfrom Iowa [Mr. ALLIson] moved to add, as an amendment to this bill, the following proviso: Provided, That the operation of this company shall be confined to the DistCol. The Gentfrom Illinois [Mr. INGER SolI] offered the following as an amendment to the amendment: Provided. That the operations of this company may be extended to all the States of the Union, subject to the laws of the respective States. The pending question is upon the amendment to the amendment.
Skip Skip The question was put, and no quorum voted.
Mr. INGERSOLL. Is it in order for me to say a word in support of my amendment?
The SPEAKER protempore. order as the House is dividing. Tellers were ordered; and Messrs. ALLIson andingERSolI, were appointed. The Housedivided; and the tellers reported aye.s 5.1, noes 50. amendment to the amendment was to. The question recurred upon agreeing to Mr. ALLIson's amendment as.
Mr. INGERSOLL. I think there is some misapprehension in regard to this amendment. I offered my amendment as a substitute for the amendment of the Gentfrom Iowa [Mr. ALLISON] and not as an addition to it. It is not in
The SPEAKER protempore. The Chair is advised by the Clerk that it was offered as an amendment to the amendment.
Mr. INGERSOLL. I intended to move to strike out the gentleman's amendment and substitute mine for it.
The SPEAKER protempore. the understanding.
Skip Skip The question was put upon agreeing to the amendment as amended; on which no quorum voted. Mr. UPSON. I move that the bill and amendments lie upon the table. The question was put; and there were ayes 31, noes 38; no quorum voting. Tellers were ordered; and Messrs.ingER soli, and ALLIson were appointed. The House divided; othe tellers reported ayes 53, noes 44. So the bill was laid upon the table. Mr. ALLISON mtRtv the bill was laid upon the table; upon the table. agreed to. PAY OF BAILIFFS AND CRIERs.
Mr. INGERSOLL, from the ComDistCol, reported back, with the recommendation that it do pass, bill of the House No. 356, fixing the compensation for bailiffs and criers of the courts of the DistCol.
Mr. WARD, of NewYork. Does this bill increase the compensation of these officers?
Mr. WARD, of NewYork. Then I am against it. The bill was read at length. The 1st section provides that the bailiff and criers who are required by the marshal or the courts of the DistCol to attend upon the district, circuit, or criminal court of said District shall be paid by said marshal $3.50 per day for each day's attendance, instead of 2 dollars as now provided by law, commencin the 1st day of January, 1866. The seconsection provides that so much of the act of Congress as limits the number of notaries public to 35 is hereby repealed, and the superior court of the DistCol may appoint as many as they may deem necessary for the public convenience. The question was upon ordering the bill to be engrossed and read a 3rd time.
Mr. ROSS. Is not this an appropriation bill? If it is it should go to the ComWhole.
The SPEAKER protempore. It is not an appropriation bill; it is a bill to increase sal aries, but the appropriation to pay that increase is not contained in this bill.
Mr. INGERSOLL. And if it was, I cannot see the with of raising the point on this bill.
The SPEAKER protempore. The Chair overrules the point of order.
Skip Skip Mr. INGERSOLL. I now call the question ovious on the engrossment of the bill.
Skip Skip The question was taken upon 2nding the call for the previous question; and upon a division, there were ayes 38, noes 23; no quorum Voting. The SPEAKER protempore appointed Messrs.ingERsoll, and EcKLEY to act as tellers. The House again divided; and the tellers reported that there were ayes 71, noes 26. So The previous question was 2nded.The main question was then ordered; and under the operation thereof, the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly rea the 3rd time. Mr. LNGERSOLL. I now call the previous question upon the passage of the bill.
Skip Skip The question was taken upon 2nding the call for the previous question; and upon a division, there were ayes 28, noes 29; no quorum voting: The SPEAKER protempore appointed That was not Messrs.ingERsoll, and DEFREES to act as tell ers. The House again divided; and the tellers reported that there were ayes 56; noes not counted. So The previous question was 2nded.The main question was then ordered; and under the operation thereof the bill was passed. Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FortNEY, its Secretary, announced that the Senate had agreed to the amendment of the House to the bill (S.No.177) to incorporate the National Safe Deposit Company of Washington, in the DistCol. Judicial, PRoceedINGS IN THE DISTRICT.
Mr. MAYNARD. Mr. Speaker, I will not detain the House with the details of this bill. I will simply say that it is, as the House has observed from the reading, a bill regulating or defining questions of practice in the courts. It has been prepared with a great deal of care, upon consultation with legal gentlemen of this District. When the District was organized and the courts 1st went into operation the old Maryland practice was adopted. Maryland, by subsequent legislation, has advanced her practice; while the practice in the District has remained in many respects stationary. The design of this bill is by legislation to make the practice in this District correspond with the advanced system of practice prevailing in the several States. The bill with the amendments is the result of the joint labors of members of the committee coming from different States and familiar with the respective systems of practice; and the experience and legal knowl edge of the committee have been aided by information derived from members of the bar of this District. The bill has been prepared with as much care as the committee could be stow upon it. Now, unless some gentleman desires to ask me a question, I will call for the previous question.
Mr. BROOMALL. Mr. Speaker, I desire to ask the Gentfrom Tennessee whether I rightly understand the bill to provide for the service of original process by publication so as to bring non-residents within the jurisdiction of the court without actual notice?
Mr. MAYNARD. In cases of attachment, divorce, and when the cause of action is local, as in case of foreclosure of mortgages, enforcing of specific liens, and the like.
Mr. STEVENS. Is this confined to local action?
Mr. MAYNARD. It is, except attachment cases for the collection of debts and divorce.
Mr. BROMALL. I ask whether the judgment in those cases operates in personam or in rem?
Mr. MAYNARD. In cases by attachment for the collection of debts and of divorce the judgment would be in personam; in other cases in the nature of judgments in rem. Not strictly and technically so, perhaps, for proceedings in rem, properly so denominated, bind everybody whether parties or not. The object of this bill is not to originate, but to regulate, the substitution of publication for the service of process. I now demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof, the bill as amended was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed.
Mr. DAWES. I move to amend the title of the bill by adding the words “in relation to judicial proceedings therein, ” so it will then read, “An act to amend the law of the DistCol in relation to judicial proceedings therein.”
Skip Skip The amendment was agreed to; and then the title, as amended, was adopted. Mr. MAYNARD mtRtv the bill was passed; upon the table. agreed to. GRANT OF THE RIGHT OF WAY.
Mr. JULIAN, by unanimous consent, intro ticed a bill to extend the provisions of the act of August 4, 1852, to all rail and plank roads for the term of 5 years; which was read a 1st and 2nd time, and referred to the ComPubLands. WASHINGTON COUNTY HIORSE RAILRoAD.
Mr. MAYNARD, from the ComDistCol, reported back Senate bill No. 380, to incorporate the Washington County Horse Railroad Company in the DistCol, with the recommendation it do pass. he Clerk proceeded to read the bill; but before it was concluded the morning hour expired, and the bill went over until tomorrow morning. RECONSTRUCTION.
The SPEAKER stated that the 1st business in order was the House bill, No. 543, to provide for restoring to the States lately in insurrection their full political rights, on which the Gentfrom Ohio [Mr. BINGHAM] was entitled to the floor.
Mr. PAINE. The Gentfrom Ohio has consented to yield for 15 minutes to Ine.
Mr. BINGHAM. I hope the House will not take it out of my time; but I yield to the gentleman whether it does or not.
Mr. SPALDING. I object unless it is taken out of my colleague's time.
Mr. BINGHAM. I am under obligation to yield to the Gentfrom Wisconsin, and I am sorry my colleague insists it should be counted out of my time.
Mr. PAINE. I ask the Clerk to read the 2nd section of this bill.
The Clerk read as follows: SEC. 2. Abife:, That the State governments now existing defacto, though illegally ormed in the midst of martial law, and in many irnesstsa, nacneds thneotcosnusbtmituitttieodnstowe three ardaotipfitceadtiounnder of the people, and therefore are not to be treated as free republics, yet they are hereby acknowledged as governments valid shall be duly afloterrmedu, naicnidpathl eiprulrepgoissleastiuvnetil and the same executive officers shall be recognized as such.
Mr. HUBBARD, of Connecticut. I understand the Gentfrom Wisconsin to infer that the venerable Gentfrom Pennsylvania [Mr. STEVENs] is expected to be appointed by the President postmaster of some village in Pennsylvania. [.]
Mr. STEVENS. Will the gentleman allow me to say that that bill was not reported in connection with the present pending amendment; but it was reported in connection with an amendment which was defeated.
Mr. ASHLEY, of Ohio. What remedy do you propose in place of that?
Mr. MAYNARD. I would ask the gentleman if he recognizes the right of citizens of this Government to throw off their allegiance?
Mr. BINGHAM. Not at all, while they remain within its jurisdiction.
Mr. MAYNARD. I am not asking that question. I would like an answer to the question in the exact terms in which I put it.
Mr. BINGHAM. Well, if the gentleman is asking me whether I recognize the right of self expatriation, I answer that I think the Government of the U.S. settled that;upon the seas about 50 years ago by attle.
Mr. MAYNARD. Will the gentleman allow me then to ask him whether, in his judgment, the men who went into the rebellion did not, by connecting themselves with a foreign government, by every act of which they were capable, denude themselves of their citizenship whether they are not to be held and taken by this Government now as men denuded of their citizenship, having no rights as citizens except such as the legislative power of this Government may choose to confer upon them? In other words: is not the question on our part one of enfranchisement, not of disfranchisement?
Mr. BINGHAM. I thought that what I had already said would have been deemed a sufficient answer to the gentleman's inquiry.
Mr. MAYNARD. I ask the gentleman's pardon. I had not the opportunity of hearingi.his whole speech.
Mr. BINGHAM. But, Mr. Speaker, if the House will pardon me for touching again upon that of which I have already spoken, I have no objection to answering still more fully for the gentleman's satisfaction. I say, as I said before in the progress of this argument, that the people of a State who engage in armed revolt against the Government of the U.S., within the jurisdiction of the U.S., can no longer, except by the consent of the sovereign authority of this nation, exercise the powers of an organized State within the Government, and are therefore subject, until they are restored to the powers of a State organization, to the exclusive legislation of the Congress of the U.S. But their treason and revolt does not make them a foreign nationality, nor put them or the States in which they reside beyond the jurisdiction of the U.S., nor absolve them from their allegiance to this Government, nor make the faithful, law abiding citizens of their States alien enemies and traitors. But, sir, when the gentleman interrupted me, I was remarking that the Congress of the U.S. has already indicated to the people of the U.S. the disabilities it proposes to impose upon the persons who were engaged in the rebellion; and that disability is a disqualification to hold any office, civil or military, State or national, until such time as the disability may be removed by act of congress. I propose, sir, to stand upon that, and abide by it. [Here the hammer fell]
Mr. MAYNARD. I hope the Gentfrom Ohio [Mr. BINGHAM] will be allowed to proceed.
Mr. DAWSON. If it be the pleasure of the House to give the gentleman additional time I will yield with pleasure, provided that the time he may occupy shall not be deducted from the hour to which } am entitled.
Mr. BINGHAM. I would like the indul gence of the House for a short time longer.
Mr. STEVENS. I understand there are some 20 gentlemen who desire to speak. I shall not object to extending the time of the Gentfrom Ohio; but this is the last extension of time to which I will consent in the discussion of this bill.
Mr. ELDRIDGE. I will not object to an extension of 15 minutes; I must object to an indefinite extension.
Mr. BANKS. I hope there will be no objection to letting the gentleman speak for an hour longer, if he desires that much time. Let him conclude his speech.
The SPEAKER. The Gentfrom Wisconsin [Mr. ELDRIDGE] objects to that. Is there any objection to an extension of 15 minutes? No objection was made.
Mr. ASHLEY, of Ohio. I ask unanimous consent of the House that the time of my colleague be extended 15 minutes. . objection was made, and Mr. BINGHAM's time was extended accordingly.
Mr. STEVENS. I would ask the gentleman how many of these States have already rejected the amendment?
Mr. BINGHAM. I had closed what I had to say; but as the Gentfrom Pennsylvania [Mr. 5.] has asked the question, I can only answer him that as far as I am advised all of the States lately in rebellion which have considered it in their Legislatures, with the exception perhaps of Arkansas, have rejected it.
Mr. BINGHAM. I do not so understand it, but I am not going to dispute with the gentleman. If they have all rejected it it does not follow that they will not all yet accept it.
Mr. STEVENS. The most votes they got for it were 4.
Mr. BINGHAM. I will repeat what I have said already that if 3/4ths of the organized and represented States put this amendment into the Constitution of the U.S., it will bind the insurgent States and give them the benefits of it as well, whenever in good faith those States choose to accept it, while, in the mean time, it will also bind us and empower us by law to secure full and equal protection to all. For that reason I ask that the bills be referred to the JtCom on Reconstruction.
Mr. MILLER. Will my colleagtie [Mr. DAwson] yield to me for a moment?
Mr. MILLER. I move to amend the 9th section of the substitute of my colleague [Mr. STEVENs] by adding to it the following: And such State ratify the amendment to the constitution of the U.S. proposed by 2/3rds of both Houses of the 39th Congress, and submitted to the respective States for ratification. I hope the gentleman will not object to that.
The SPEAKER. It is not in order to amend either one of the substitutes now pending, as the power of amendment in that respect is exhausted. And the original bill cannot be perfected by amendment, because the motion to refer is now pending, which cuts off all amendment.
Mr. STEVENS. As this bill is already out of print, I ask unanimous consent to have it ordered to be printed between now and tomorrow morning. No objection was made, and the order to print was made accordingly.
The SPEAKER. That will require unanimous consent.
Mr. STEVENS. I must object to that. When a gentleman of my own party [Mr. BING HAM] was speaking, and an extension of his time was aski, I gave notice that so far as I was concerned I should object to the extension of time in any other case. I cannot depart from that notice, although I am sorry to apply the rule to my friendfrom Pennsylvania, [Mr. DAwson]
Mr. WASHBURNE, of Illinois. Let the gentleman have leave to print the remainder of his remarks.
Mr. HILL. I desire very much that the gentleman [Mr. ool shall yield his objection, so that I may have an opportunity of putting a question to his colleague, [Mr. DAwson]
The SPEAKER. The Gentfrom Pennsylvania insists on his objection.
Mr. DAWSON. Then I give notice that with my consent there shall never be another extension of time so long as I am a member of the House.
Mr. STEVENS. If the Gentfrom Illinois [Mr. BAKERJ is not desirous of going on tonight, I will move that the House resolve itself into the ComWhole on the state of the Union, so that we may pass an appropriation bill which it is very necessary to pass today.
Mr. BookER. That is entirely satisfactory to me.
The SPEAKER. The Gentfrom Illinois will be entitled to the floor when the House resumes the consideration of this subject.
Mr. STEVENS. I yield for a moment to the Gentfrom Maine, [Mr. BLAINE] WAR DEBTS OF LOYAL STATES.
Mr. BLAINE. I move to reconsider the vote by which the House recommitted to the Committee on War Debts of the Loyal States the bill (H.R.No. 998) to reimburse the States that furnished troops to the Union Army for advances made and expenses incurred in raising the samo,
The SPEAKER. The motion to reconsider will be entered. LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. STEVENS moved that the rules be sus. pended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. So the House resolved itself into the ComWhole on the state of the Union, (Mr. LAwkENCE, of Pennsylvania, in the chair, and resumed the consideration of House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867.
The CHAIRMAN stated the pending question to be upon the following amendment, offered by Mr. Boo. In lines 898 and 899 strike out the words “and additional compensation of officersand clerks;” so that the clausewill read as follows: For salaries of additional clerks, under act of Au gust 6, 1846f, or the better organization of the Treasury, at reasonasbulceh, $ra6toe, s as the Secretary may deem just and Mr. DAWSON moved to amend the amendment by striking out the last word; and proceeded to deliver the concluding portion.Phis speech as printed in the foregoing proceedings. Before closing he was interrupted by Mr. STEVENS, who said: Mr. Chairman, are we not in ComWhole on the state of the Union on the special order, the legislative oriation bill?
The CHAIRMAN. Yes, sir; and the Gentfrom Pennsylvania [Mr. DAwson] has moved an amendment, on which he has the right to speak for 5 minutes.
Mr. STEVENS. I do not see the perti nency of the gentleman's remarks. The pend.ing amendment relates to additional clerks,
Mr. DAWSON. The gentleman will doubtless see the applicability of my remarks before I conclude.
The CHAIRMAN. The Gentfrom Pennsylvania [Mr. DAwson] will proceed.
Mr. DAwson resumed and concluded his speech.
Mr. HILL. I rise to oppose the amendment of the Gentfrom Pennsylvania, [Mr. jo I listened with a greatdeal of pleasure to the high eulogy pronounced by the gentleman upon the present occupant of the White House for acts done by him prior to the time when he became either President or VEEP. I desire to ask the gen. tleman whether those eminent qualities which he has so highly eulogized were sufficient to induce him to vote for Mr. JOHNson for VEEP in 1864. I will yield the gentleman enough 6f my time to allow him to answer.
Mr. DAWSON. The gentleman asks me whether I voted for the nominee of his party in 1864. I will only say that the questionhas nothing to do with principle.
Mr. }. I am not sure whether I understood correctly the gentleman's answer. I understood him to say
Mr. WASHBURNE, of Illinois. I rise to a question of order. I submit that both the Gentfrom Pennsylvania [Mr. DAWSON and the Gentfrom Indiana [Mr. Hill are out of order, as the legislative appropriation bill is the special order, and the remarks of the gentlemen have no relation to that subject.
The CHAIRMAN. The Chair sustainsthe point of order.
Mr. DAWSON. I withdraw my amendment to the amendment.
The CHAIRMAN. The question is now upon the amendment of the Gentfrom issouri, [Mr. BENJAMIN]
Mr. STEVENS. I hope that amendment will not prevail. This is the estimate for the officers now employed in the sub Treasury dept of the Government. It is Procisely the same heretofore provided for be law and in the words of the law. It is. i on the sub Treasury according to the law passe in 1846.
Mr. RANDALL, of Pennsylvania. For the purpose of finding out whether there is a quo rum I call for a division on the amendmen; This is an important appropriation bill, and! have no idea of its being considered without." quorum.
Skip Skip The committee divided; and there were ayes 19, noes 20. The Chairman ordered tellers; and appointed Mr. RANDALL, of Pennsylvania, and Mr. Fan" Worth. The committee again divided; and the tellers reported ayes 35, noes 62. So the amendment was disagreed to.
The Clerk read as follows: For salaries of additional clerks andlo compensation of officersand clerks, underthe; August the 6, 1846, for the better organization."eein Treasury, at such rates as the Secretarymay just and reasonable, $60,000
Mr. WASHBURNE, of Illinois. I move o strike out in line 900 and o such rates as the Secretary may deemjus!" reasonable.” It was agreed by the Gentfrom Iowa, [Mr. KAsson, ] who had charge of the jo. these words should be stricken out “at existing rates” should be inserted in o stead, which I also make a part of my amendment.
The Clerk read as follows: For salaries inelocal of ten supervising and 5o!" inspectors, appointed under act of the 1852, for the better protection of the live; 9 r gers by steamboats, with traveling and exot is expenses incurred by them, including the expo” their annual meeting, $100,
Mr. WASHBURNE, to of Illinois, I. insert after the word “meeting. the the “and for a more thorough investigation into the cause of disaster to vessels propelled in whole or in part by steam.” Mr. Chairman, one word in regard to that matter. I shall move a further amendment after this is adopted. I introduce the amendment for the purpose of giving additional authority to these supervising inspectors to investigate into the cause of these disasters. As chairman of the ComCommerce, I have had several conferences with the SecyTreasury on this subject. There was the Evening Star, where there was a great loss of life. There was the Fashion, at Mobile, where 3 or 400 lives were lost. There was the more recent disaster of the steamer Commodore of the Sound line. There are a great many vessels which during the war were under charter by the Government, but which since the Government has dispensed with them have gone into the service of private corporations. These vessels are put again in use, although in many cases they have been proved to be unseaworthy. There is the case of the Commodore, and it is one of the most flagrant of which I have any information. It was a steamer plying on LongIsland sound, on one of the between Boston and NewYork. It was deemed so unseaworthy that the supervising and local inspectors had refused to give a license, yet i. owners of that line, in utter defiance of law, ran that steamer, exposing the lives of 100s of passengers every night. And, sir, it was a miracle that every life on board was not lost. I desire the Treasury Dept may be invested with authority to make most stringent investigations. And I hope in the case of the Commodore there will be a criminal pros. ecution entered against every man who had anything to do with running her. Under the circumstances I hope the amendment will be adopted, and then I will ask that an additional appropriation be made to carry it out.
Mr. WASHBURNE, of Illinois. In order to make this effective, if these investigations and prosecutions are to go on, I move to increase the appropriation from $100,000 to $110,000., I desire the Government shall be armed with sufficient authority to prosecute all the men who have been arraigned. t
The Clerk read as follows: Judiciary office of the AttyGen: For salaries of the AttyGen, asst attygen, and the clerks and messengerin his office, $27, 500.
Mr. STEVENS. I move to insert after the words “asst AttyGen” the words, “law clerk and chief clerk.”
The Clerk read as follows: For oftexpensesof the judge assigned to the 10th circuit for attending session of the SCOTUS, $1,000.
Mr. GRINNELL. I move to strike that out.
Mr. HIGBY. I rise to oppose the amendment. I hope it will not prevail.
Mr. GRINNELL. I see no appropriation for the traveling expenses of the judge who resides in my State of Iowa; and if this provision be retained I shall move to appropriate 250 or 5 i.dollars to him for that purpose. But I am opposed to this altogether. This is nothing more than a tuity to this gentleman.
Mr. HILL. I rise to oppose the amendment. I o: this appropriation would not be put in the bill if there was no sum provided by law for this purpose for the judge of the 10th circuit. This is carrying out the provisions of an existing law. The amount may be considered large, but the law exists, and we certainly ought not to repeal it in this underhanded way. Let it be done fairly if it is to be donc at all, and not by striking out a provision in an appropriation bill to carry out an existing law. The amendment was disagreed to. great lines of travel.
The clerk read as follows: For facilitating communication between the Atlantic and Pacific States by electrical telegraph,
Mr. WASHBURNE, of Illinois. I move to strike out this clause.
Mr. FARNSWORTH. This item was stricken out of the deficiency bill, and to be consistent the House should strike it out of this bill for the coming year. I understand there has been a very flagrant violation of the contract on the part of the telegraph company, and for that reason the Senate struck out this item.
Mr. STEVENS. We ordered this to be stricken out in the deficiency bill, and it should be stricken out of this, upon the ground that the company have not complied with their part of the contract, as I am informed the Senate on investigation have discovered, and accord ine refused to pay it.
Mr. DODGE. This appropriation of $40,000 is for the fulfillment of a contract with the tel egraph company which was made, as I understand, 5 or 6 years ago, when there was no telegraph line between the Atlantic and Pacific States. For the purpose of aiding the telegraph company in constructing a line from the missouri river to SanFrancisco the Government entered into a contract to pay them this sum every year for ten years. The money has been paid for a number of years, and the telegraph company have fulfilled the contract on their part. They have constructed the line and transmitted messages for the Government under the terms of the contract from year to year. In addition to the line which they constructed under the contract, which is now the old line, and which has recently been interrupted by Indian depredations, they have a new line, and they are from day to day transmitting messages for the Government over it. They claim that they have fulfilled their contract, and they are ready now to submit the question of fulfillment to any committee of congress. Indeed, they have been before a committee for that purpose. This appropriation was ordered for the purpose of facilitating communication between the Atlantic States and the Pacific. We are now in daily intercourse by telegraph, and yet gentlemen seem to think it is of no consequence whether this contract should be carried out or not. I trust the appropriation will not be stricken out without oconsideration on the part of the House.
Mr. STEVENS. This House has twice inserted this same appropriation, and the Senate has twice stricken it out, and the House acquiesced upon the assurance on the part of the Senate that the company had not fulfilled their contract. Now I propose that we strike it out here, and if the company have fulfilled their contract to the satisfaction of the Senate, which has investigated the matter, and the Senate shall insert it and send it back to us, we will then concur.
Mr. DAWES. I would inquire of the Gentfrom Pennsylvania whether he has any knowledge of the fact of the violation of the contract?
Mr. STEVENS. None except what I have received from the chairman of the ComFinance in the Senate, who assured me that the company had not complied with their contract.
Mr. DAWES. It seems to me that as this is a contract, unless we have knowledge of our own to justify us in refusing the appropriation, it would be hardly right E. us to throw the responsibility upon the other branch of congress. Let us fulfill this contract on our part unless we can put our fingers upon some specification that will justify usin declining to do so. Here the hammer fell]
Skip Skip The question was taken on the amendment; and there were ayes 34, noes 18; no quorum voting.
Mr. FARNSWORTH, I suggest to the gen. tlemen who are opposed to striking out this item that they allow it to be stricken out in committee and have a vote upon it in the House.
Mr. DAWES. I suggest to the gentleman that unless we have some reason given for not doing so we leave it in, in fulfillment of our Contract.
Mr. WASHBURNE, of Illinois. It is a swindle involving 100s of 1000s of dollars.
Mr. DAWES. My friendfrom Illinois is in the habit of calling everybody a swindler who has any elaim upon the Government.
Skip Skip Tellers were ordered on the amendment; and Messrs. DoDGE and FARNsworth were appointed. The committee divided; and the tellers reported ayes 57, noes 40. So The amendment was agreed to.
Mr. RADFORD. I. rise to a privileged motion. I move that the committee do rise. now
Mr. STEVENS. I hope not. We can easily get through this bill tonight.
Mr. RADFORD. We cannot get through the bill tonight. It is half past 4 now and I am hungry. [Laughter] moTthioenq; question was taken on Mr. RADFord's and the committee refused to rise.
Mr. STEVENS. I move to strike out the following clause: For salary of the reporter of the decisions of the SCOTUS, $2, 500. And to insert in lieu thereof the following: For salary of the reporter of the SCOTUS, . if one volume only of the reports is published as heretofore; and in case the SupremeCourt should direct him to publish 2 volumes, then the sum of $2, 500for each volume so published. By law this reporter's fee is $2, 500 a volume. It was supposed when this pay was fixed that one volume would contain all that it would be necessary to report. It is thought now that owing to the increase of business the Supreme Court will direct 2 volumes to be published, and if they do that of course there must be an additional appropriation of the same amount. The contract with the reporter only extends to a single volume. I understand the probability is that the Supreme Court will find it necessary to have another volume published in order to disseminate all their opinions.
Mr. HALE. Do I understand the gentleman to say that under existing law this reporter is paid by the volume and not by the year?
Mr. WASHBURNE, of Illinois. No, by the year.
Mr. HALE. I supposed he was paid by the year. STEVENS. He was only to furnish one volume a year.
Mr. HALE. I know that has been the prac tice, and I only wish to say that for one it strikes me, as a lawyer, that the true rule of policy would be the reverse of that proposed y the Gentfrom Pennsylvania. Let us pay him $2, 500 if he publishes only one vol ume, and a less salary if he publishes 2 volumes.
Mr. RADFORD. I rise to a question of order. There is more than one gentleman upon the floor discussing this question.
The CHAIRMAN. The Chair understands the Gentfrom NewYork [Mr. HALE] to be opposing the amendment offered by the Gentfrom Pennsylvania, [Mr. STEVENs.
Mr. HALE. I rose to oppose the motion of the Gentfrom Pennsylvania; and I believe that I am in order.
The CHAIRMAN. The gentleman is in or der, the Gentfrom Pennsylvania [Mr. STEVENs] having surrendered the floor.
Mr. HALE. It seems to me that the tend ency to increase and multiply these report 3 by filling up volumes with the arguments and points of counsel, which might be condeased very materially, thus adding to the value of the reports, ought not to be encouraged by congress by making the salary of the reporter depend upon the number of volumes he shall produce. I therefore hope that this amendment will not prevail, but that we shall leave this reporter at an annual salary. 512 January 16,
Mr. WASHBURNE, of Illinois. I will ask how much per volume the reporter gets for the copyright independent of his salary? It is something very considerable; and if we should pass the amendment of o. the Gentfrom [Mr. STEvess, T it would make his salary some $8,000 or $10,000 a year I reckon. The question was upon the amendment of Mr. STEvens; and being taken, it was not agreed to.
The Clerk resumed the reading of the bill, and read as follows: For continuing the collection of reliable statistical information concerning the gold and silyer mines of the western States and Territories, which shall include the labor and capital employed, the product and the modesof working the same, which information shall be reported to Congress, $10,000.
Mr. WASHIBURNE, of Illinois. I move to reduce the amount to be appropriated by this clause from $10,000 to $5,000. I was in hopes that this provision never would appear in another appropriation bill. We have made enough appropriations of this character, without continuing them year after year in the propriation bills. It looks to me very much like jobs to enable parties to get certain amounts or specimens of minerals. I think that private enterprise can give us all the specimens that are necessary without bleeding the public Treasury for that purpose. I omove to reduce this amount from $10,000 to $5,000. I will withdraw that motion, and move instead of that to strike out the entire clause.
Mr. HIGBY. I hope that motion will not E. This amount was given last year, I believe, to the gentleman appointed to make this investigation. Mr. J. Ross Browne, the gentleman appointed by the SecyTreasury, has already sent a report to congress, and has communicated with the delegation from the mining States on that subject. He recommends an appropriation, even larger than this, but he does not ask that he be con. tinued in the position. He says in his letter that he foknows there are many men who can this service better than he can, and e is ready to turn it over to anybody else whom the Dept may see proper to apint in his place. But he says that he thinks it is for the interest of the country that this investigation should be continued; and for that purpose he recommends an appropriation larger than the one in this bill, even as high as $25,000. He has sent in a report, which is now in the hands of the Public Printer, making some 500 pages; and he writes me, in a letter upon the subject, as I have no doubt he has written to other members, that he has but justentered upon this investigation, and recommends that it be continued. I therefore hope that this appropriation will not be stricken from the bill.
Mr. FARNSWORTH. The question seems to be whether we shallingraft upon the government a dept of mineralogy.
Mr. HIGBY. I think it would be well to O 80.
Mr. FARNSWORTH. We were told last session, when this appropriation was made, that it was to enable the Government to accomplish a certain purpose, and that the amount then appropriated would be sufficient. And yet more is asked for now for the same purpose. This time $25,000 was asked for; but the committee have cut it down to $10,000. Next year they will ask for $50,000, which may be cut down to $25,000. I hope this appropriation will not be made.
Mr. HILL. I am not sure but we would lose very much if we were not to make the appropriation asked for in the clause now under consideration. I do not know what we should have done for those interesting articles in Harper's Magazine upon “Washoe mines and mining, ” and articles of like character, if Mr. Browne had not had this money to travel upon. For that reason it might not be expedient to ‘strike out this appropriation; I can see no other reason for making the appropriation.
Mr. STEVENS. I move to amend the clause proposed to be stricken out by reducing the appropriation from $10,000 to $5,000.
Mr. McRUER. I hope that motion will not revail. As I understand it, an appropriation as only been made for last year. Mr. Browne was sent out by the SecyTreasury to perform this investigation. He has commenced his labors and has already sent in to Congress a very elaborate report in regard to the mineral resources of California. He proposes to continue that investigation, and calls to his aid there all the intelligence upon the subject in the mineral regions. If there is anyone subject upon which Congress may well be enlightened it is upon the resources of this vast mineral region, its wants, its necessities, and its capacities; and I do not believe that $10,000 or even $20,000 can be more properly or more usefully applied than in supplying not only to Congress to the country a good degree of intelligence in regard to that vast territory now filling up so rapidly. Therefore I hope the amendment will not prevail. This sum of $10,000 is a very small sum upon which to continue this investigation, for '. Browne has to employ a corps of laborers upon this work. As to his having traveled around California upon this money while preparing articles for publication, it is no such thing. His articles for Harper's Magazine, which no doubt the Gentfrom Indiana [Mr. HILL] has read with much interest, and from which he has doubtless derived a great amount of information, were written long before any such appropriation as this was made; and in my opinion there is no man more honest or more competent to continue this investigation, or with more intelligence upon the subject, than the gentleman who has been designated for the purpose by the SecyTreasury.
Mr. WASHBURNE, of Illinois. I trust that the amendment of the Gentfrom Pennsylvania [Mr. STEveNs] will not be agreed to, but that we will strike out this entire clause. We appropriated last year $10,000 for this purpese. Opposition to it was made in the House at the time, and nobody anticipated that we should be asked for more. But $25,000 more was asked for, which amount has been cut down to $10,000 by the ComAppropriat, for obtaining information which can be got elsewhere without one dollar of expenditure, and for which one dollar ought not to be expended by us. Everything in relation to these mines and the collection of this statistical information can be had without this appropriation. The gentlemen from California who come from a mining country have urged this appropriation. Sir, I, too, come from a mining country. I, in conjunction with my friendfrom Wisconsin, represent the richest lead mines that there are in the world; yet we do not come here and ask an appropriation to have spread before the country at the public expense statistical information in regard to those mines.
Mr. ASHLEY, of Nevada. I desire to move an amendment to the amendment.
The CHAIRMAN. No furtheramendment is now in order. The question being taken on the amendment of Mr. Stevens, it was not agreed to. The question recurred on the motion of Mr. WASHBURNE, of Illinois, to strike out the clause. The motion was agreed to. The Clerk, resuming the reading of the bill, read the following: For compensation to the laborer in charge of the water closets in the Capitol, $538.
Mr. STEVENS. I move to amend by striking out “five” in the clause just read and inserting in lieu thereof “4;” so that the clause will read: For compensation to the laborer in charge of the water closets in the Capitol, $438.
The Clerk read as follows: For compensation to the public gardener, $1, 400.
Mr. STEVENS. I move to amend by striking out in the clause just read the words “ 400 ” and inserting in lieu thereof “ 40.”
The Clerk read as follows: For compensation of 5 watchmen in reservation No. 2, $4, 500.
Mr. PRICE. I move to amend by striking out the clause just read. I understand this reservation is a garden, and I do not seeany use in spending $4, 500 upon it in addition to paying for doing the work.
Mr. STEVENS. The law authorizes the employment of these men, and they are em. ployed. The only question is whether we shall pay them agording to the contract.
Mr. PRICE. The law does not compel their employment.
Mr. HILL. I would inquire of the Gentfrom Pennsylvania [Mr. ji. information he has in regard to the fact of their being employed. Are they in fact employed, and is their employment necessary at all 2
Mr. STEVENS. They were employed last year, and they are now.
Mr. PRICE. This is to pay for services to Conne.
Mr. HILL. Has the Gentfrom Pennsylvania any information whether it is necessary to continue their employment?
Mr. STEVENS. In regard to that I have no information. At the time the law waspassed that matter was examined, and the employment of these men was thought necessary..
Mr. HILL. I hope the motion to strikeout will be agreed to.
Mr. BERGEN. I move, as an amendment to the amendment, to strike out “five and insert “three;” and to strike out “$4, 500 and insert “$2, 700;” so that the clause will read as follows: For compensation of 3 watchmen in reser”tion No. 2, $2, 700. Mr. Chairman, I think that 2 or 3 watchmen, probably 3, are necessary to take charge of this reservation, especiallyduring, the night time. On this reservation of periments are made in the cultivation of Yan.ous plants; and the laborers employed to during the day cannot watch the groundsdo.ing the night. It is well known that in to vicinity extensive depredations are common upon gardens and cultivated land. I consider, however, that 5 watchmen are morethan” necessary. The amendment to the amendmentwas"" agreed to. The amendment of Mr. Price was agreed”
The Clerk read as follows: Metropolitan Police: f the For salaries and other necessary.o. Metropolitan police for the District, of . $38, 850. And the compensation of said Metrolitan police force, officers, and clerks, be, and the ereby, increased 50%. upon the o of hereby appropriated, commencing on theo of july, is 5, said increase to be borne by the ol ty 0 Washington and Georgetown, and the or Washington, in the DistCol, in portion equal lotted to the number of oo of severally to the city of Wojno, to?. Georgetown, and and the county of M oile, Georgetown, and the levy court of said and they are hereby, authorized ando: of levy aspecial one tax not exceeding one quar"%. for the purpose aforesaid.
Mr. RADFORD. I want to know.oo originally pay was? I move to reduce 25%.
Mr. STEVENS. 50%.ized before, and we thought it was"8" ught
Mr. RADFORD. I do not think we to make it 50%. without knowing they get now. ion go
Mr. MORRILL., Why does this go back to 1865 if a like appropriation goes before? This increase of 50% increasing back a year further than the one the salary 20%. a M. jo's winero of these men a year ago, and ni these corporations should pay "P" the Government should pay the remainder, but we did not make an appropriation.
Mr. FARQUHAR. I move to reduce the amount to 20%.
Mr. HILL. In regard to going back to 1865, I insist that was proper. Our effort was to relieve men serving at an inadequate salary on account of the price of living and the depreciation of the currency., I do not think we go back far enough even when we go back to 1865. The amendment, as modified, was agreed to.
Mr. BERGEN. I move to insert “1866” instead of “1865, ” and I do it upon this ground: a few days ago we took occasion to increase the pay of the clerks in the several Depts, commencing with 1866, and I do not see why we should depart from the rule we then adopted. If it was right then to commence in 1866, it is right now.
Mr. FARNSWORTH. I find the following to be the estimate of the Dept: And the compensation of said increased force is hereby ainpeprreoapsreiadtefidftycopmemr ecnecning upon the amount on the 1st day of November, 1866;said increase to be borne by the cities of Washington and Georgetown, and the county of Washington, in the proportion equal to the number of privates allotted severally to a cities of Washington and Georgetown and the county beyond the limits of said cities; and the corporate authorities of sleavidy cities of Washington and Georgetown, and the court of said county, be, and they are hereby, authorized and required to levy a special tax not exceeding one quarter of 1%. for the purpose aforesaid. My impression is 50%, is none too much. Their salary was very low before this increase. I do not reinember precisely the amount. I remember the committee examined this question, and that we came to the conclusion this was no more than an adequate increase. It seems to me, however, this should be amended so as to commence on the 1st of November, 1866, and to give 50%. I move to substitute the clause I have read for the one now before the House.
Mr. BERGEN. I accept that as a modification of my own amendment. The amendment as modified was agreed to.
Mr. HARDING, of Illinois. I understand that amendment as accepted, and I now move to add the following proviso: Provided, That no person shall hereafter be employed as police or watchman who has not served one year in the Army of the U.S and received an honorable discharge.
Mr. HALE. I wish simply to suggest to the mover of this proviso to modify it so he will say “no person hereafter shall be appointed, ” &c., for there may be, and probably are, though I know not the facts of the case, very valuable officers who cannot be spared who will have to be removed if the proviso passes as it now is.
Mr. HARDING, of Illinois. What, watch men 2
Mr. HALE. The office of policeman or watchman does require skill and experience if anything does in the world. have only to say I am disposed to do every thing that ought to be done to reward our soldiers, but I do not think by such an amendment we ought to remove such men from the performance of their functions against whom no allegation is made. I know nothing of these men; but the effect of the amendment of the Gentfrom Illinois is simply to remove the entire police force of the DistCol. I think the proposition is too sweeping and ought not to be adopted.
Mr. HARDING, of Illinois. The proposed amendment provides that no person shall here after be employed, and I am willing to accept the modification of “appointed” for “employed, ” who has not been wounded or served at least one year in the Army.
Mr. RADFORD. I move to amend the amendment by striking out “one year.” If he has been in the service at all that qualifies him as well as if he had been there ten years. If he has been in the service one year and has been honorably discharged he should have the like to have the question taken on my amend same right as a soldier who has been in the service 4 years.
Mr. HARDING, of Illinois. I accept the amendment. The amendment of Mr. HARDING, of Illinois, as modified, was adopted.
Mr. STEVENS. I move a verbal amendment in the last paragraph of the bill by striking out the words “and Georgetown.” It now reads “county of Washington and George town, ” which is incorrect.
Mr. STEVENS. I move to add the following as a new section: Abife:, That the proviso contained in the 3rd section of chapter 2ten of the act of July 2, 1864, shall be construed to embraceall suits to which the U.S shall be a party, either plaintiff or defendant.
Mr. RANDALL, of Pennsylvania. like some explanation of this.
Mr. STEVENS. A provision was inserted in the appropriation bill in ject 1864 upon this subwhich I supposed then and still suppose was large enough to embrace the Court of Claims; but the Court of Claims decides that it does not apply to them; and they have directed an amendment of this kind with a view of enabling them to conform to that provision of the law.
Mr. RANDALL, of Pennsylvania. This is a judicial question. I think it altogether out of place in an appropriation bill, and shall insist that it be considered by a quorum of the House, and I believe there is no Mr.jFNCK?S. quorum now. The Gentfrom Pennsylvania [Mr. STEVENs] has overlooked a stat ute subsequent to the passage of the appropriation bill of 1864, which essentially modifies the provision to which he has alluded. I think with his colleague [Mr. RANDALL] that this matter had better be reserved and introduced as a separate bill.
Mr. STEVENS. I have no objection to that course, and I therefore withdraw the amendment.
Mr. WASHBURNE, of Illinois. I ask leave to move an additional amendment in regard to losses of vessels propelled in whole or in part by steam, by othe words “and for the prosecution for violations of said act.”
Mr. RANDALL, of Pennsylvania. I move to amend by adding the following section: Abife: That to enable the Clerk of the HoRep to paythe increased compensation voted by the House during the 39th Congress to its employees, clerks and others, and to pay the increasedrate of compensationthereby authorized, a sum sufficient therefor is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Mr. STEVENS. It will not do to pass that here now. I move that the committee rise.
Mr. RANDALL, of Pennsylvania. I would I wouldment.
Mr. FARNSWORTH. Can the committee rise and report the bill as long as there is an amendment pending?
Mr. RANDALL, of Pennsylvania. There can be no objection to the amendment. We have agreed to pay this money, and we may as well appropriate it.
Mr. so CNS. I am willing it shall come up in theo
Mr. RANDALL, of Pennsylvania. We may as well have the vote now.
Skip Skip The question was put; and the chairman announced that The amendment was agreed to. Mr. STEVENS. I call for a division. The question was again put; and no quorum voted.
Mr. STEVENS. I think the committee had better rise.
Mr. RANDALL, of Pennsylvania. Well, I have no objection, if it is. that the amendment is agreed to.
Mr. STEVENS. I rise. move that the committee The motion was agreed to. So the committee rose; and The SPEAKer having resumed the chair, Mr. Lawrence, of Pennsylvania, reported that the ComWhole on the state of the Union, having had under consideration the state of the Union generally, and particularly House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of.] June, 1867, had him to report the same back to the House with sundry amendments.
Mr. FARNSWORTH. I rise to a of order. When the committee rose stood there was an amendment pending.
The SPEAKER. The chairman reported it. to the House with sundry amendments. Mr.oThat is not strictly correct as an amendment was pending and not acted upon.
The SPEAKER. The Chair is informed by the Clerk that the amendment was. adopted by the chairman of the committee and was reported by him with the other amendments to the House. ENROLLED BILLS SIGNED.
@@@IN SENATE SENATE. THURSDAY, January 17, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. The Secretary proceeded to read the Journal of yesterday.
Mr. EDMUNDS. I perceive that the reading of the Journal does not seem to be near a conclusion, and I therefore move that by unanimous consent it be dispensed with.
The PRESIDENT protempore. It can only be dispensed with by the unanimous consent of the Senate. No objection being made, the further reading of the Journal is dispensed with.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep , by Mr. Lloyd, its Chief Clerk, announced that the House had passed a bill (H.R.No. 907) to amend the law of the DistCol in relation to judicial proceedings therein, in which the concurrence of the Senate was requested. ENROLLED BILL SIGNED. The message further announced that The SPEAKer of the House had signed the enrolled bill (S.No.177) to incorporate the National Safe Deposit Company of Washington, in the DistCol; and it was thereupon signed by the President protempore of the Senate. HOUSE BILL REFERRed. The bill (H.R.No. 907) to amend the law of the DistCol in relation to judicial proceedings therein was read twice by its title, and referred to the ComDistCol. REPORTS OF COMMITTEES.
Mr. MORRILL, from the ComDistCol, to whom was referred the bill (S.No.479) to punish illegal voting in the DistCol, and for other purposes, reported it with an amendment. NEWYORK CITY postoffice.
Mr. RAMSEY. I am instructed by the ComPostOffices, to whom was referred the JtResolution (H.R.No. 229) to procure a site for a building to accommodate the postoffice and U.S. courts in NewYork city, to report it back with an amendment; and I am instructed to ask for the immediate consideration of the JtResolution.
The PRESIDENT protempore. It requires the unanimous consent of the Senate to consider the JtResolution on the day it is reported. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. It appoints the mayor and postmaster of the city of NewYork, the district attorney of the U.S. at NewYork city, the president of the Chamber of Commerce of the State of NewYork, and Jackson S. Schultz, Charles H. Russell, Charles H. Rogers, and Moses Taylor, of NewYork city, a commission to purchase the site for a building to accommodate the postoffice and U.S. courts in the city of NewYork, in accordance with their report submitted to the SecyInterior and the PostMGenl, and by them approved, namely: the lower portion of the City Hall park, containing land equal to 26 city lots, (or over 66,000 square feet,) and authorizes them to purchase it for the sum of $500,000, subject to the condition that the Government of the U.S shall stipulate that it shall be used for public purposes only; and they are to procure plans and estimates for a suitable building upon the site, to be submitted to the PostMGenl and the SecyInterior; and should such plans and estimates meet their approval they are to communicate them, with such additional suggestions as they may think. to Congress; and the SecyTreasury is authorized to pay such sum of money as may be necessary to carry this resolution into effect. The amendment reported by the ComPostOffices was in line 16 of the resolution, after the word “dollars” to insert: Provided. That the title to said property shall be approved by the AttyGen of the U.S.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate. as amended, and the amendment was concurred in and orderengross, and the JtResolution to be read a 3rd time. It was read a 3rd time and passed.
Mr. RAMSEY. I am also instructed by the same committee, to whom was referred the letter of the SecyInterior and the PostMGenl transmitting the report of the commission appointed to select a proper site for a building for a postoffice, and for the accommodation of the to. States courts in the city of NewYork, to ask to be discharged from its further consideration, the subject having been disposed of. The motion was agreed to. PAY OF postoffice ROUTE AGENTS.
Mr. RAMSEY. I am also instructed by the ComPostOffices, to whom was referred the bill (H.R.No. 964) in in regard to the compensation of route agents in the postoffice Dept, to report it back to the Senate without amendment; and to ask for its immediate consideration. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the bill, which authorizes the PostMGenl to pay the route agents in the service of the postoffice Dept any sum not less than $900 nor more than $1, 200 per annum. The bill was reported to the Senate without amendment.
Mr. BUCKALEW. I should like to inquire what the compensation of these persons is under existing laws?
Mr. RAMSEY. The maximum is $1,000 at present. They are the most poorly compen sated officers in connection with the postoffice Dept. They travel "night and day, and they are in constant peril, for they travel immediately behind the engine, and when a collision occurs or any mischief happens to the train they are always involved in it.
Mr. CONNESS, You do not propose to pay them $1, 200 for that?
Mr. GRIMES. Is there any scarcity of applicants for the places?
Mr. HENDRICKS. I do not know whether there is any public necessity for the passage of this bill. I think there are quite a number of gentlemen willing to serve the Government at the present rates of compensation. My corre spondence does not lead me to believe that there is any special difficulty in obtaining persons to serve the Government at the rate of compensation now allowed. I believe the rate for these officers is now $800.
Mr. RAMSEY. The maximum compensation is $1,000. It varies from 800 to 1,000 dollars, at the discretion of the PostMGenl.
Mr. HENDRICKS. It is proposed to leave it at his discretion not less than $9not more than $1, 200. Why put in the minimum? I shall make no objection to the maximum if the postoffice Dept desires it; but I think that part of the bill fixing a minimum had better be stricken out, and I move to strike it out. There are a good many routes where it is important to have agents where but little time is required from them to perform the duty, and I am afraid that this provision will embarrass us in getting the duty performed. I know of one or 2 instances in my State where the PostMGenl may not be willing to pay a high price, where for a few 100 dollars he could get an agent to attend to the business. I move to amend the bill by striking out the minimum.
Mr. I think the Senfrom Indiana must be mistaken. Theservice that he wishes to have performed is not of the character described in this bill. Those to whom he refers are not technically route agents. I suppose he has reference to carrying the mail from some locality to some principal office, but the party carrying that mail does not fall under the denomination of a route agent, and hence would not be included in this bill. For some reasons the postoffice Dept desires this minimum, and the bill comes in this shape from the HoRep. I can see no especial objection to it, and I think it quite as well to retain it.
Mr. HENDRICKS. If this is a House bill I shall not press the amendment. I thought it was a Senate bill. I do not care enough about the matter to insist on the amendment.
The PRESIDENT protempore. The amendment is withdrawn. The bill was ordered to a 3rd reading; and was read the 3rd time, and passed. o NIAGARA SHIP CANAL.
Mr. CHANDLER. I move to postpone all prior orders for the purpose of taking up House bill No. 344; and.the motion is put I wish to say that I shall not insist upon pressin the bill today if there is objection to it, but should like to have an early day fixed for its consideration.
Mr. CHANDLER. The Niagara ship canal bill. I think it will pass without much discussion. A great deal of time was expended on it at the last session, and I wish to take it up now for the purpose of making it the special order at an early day. [“No special orders.”] If there is objection to that, I should like to have it considered today. I move to take it up at any rate.
Skip Skip The question being put, there were on a division ayes 10, noes 12; no quorum voting. Mr. CHANDLER. I call for the yeas&nays. The }.&nays were ordered. Mr. PATTERSON. I ask for the reading of the bill; I do not know what it is.
The PRESIDENT protempore. The reading of the bill is asked for; it will be read. [“Oh, no.”
The SECRETARY. The bill proposed to be taken up is the bill (H.R.No. 344) to incor porate the Niagara Ship Canal Company. The question being taken by yeas&nays, resulted yeas 20, nays 15; 17. So the motion was agreed to.
Mr. EDMUNDS. I should be glad to have that clause of the bill read which I believe it contains, respecting the assent of the State of NewYork, I think it is the last section or the last but one.
The Secretary read as follows: Sec. 28. Abife:, That this act shall not take effect unless the Legislature of the State of NewYork shall within 2 years from the date hereof give its assent thereto.
Mr. EDMUNDS. I move to strike out that section.
Mr. SHERMAN. I move that the bill be postponed. The Senfrom Michigan stated that his only object was to fix a day for its consideration. It is an important question.
Mr. CHANDLER. I should like to fix an early day for its consideration. I move to make it the special order for tomorrow at one o'clock, if that will suit the Senate.
Mr. SHERMAN. It is scarcely worth while to set it for so early a day as tomorrow, because it is generally understood that on Monday the tariff bill will come up.
Mr. CHANDLER. I think we can get through with this bill in perhaps a single day.
Mr. SHERMAN. I do not think you will get through with it in a week.
Mr. CHANDLER. We may as well, perhaps, take a vote now on the amendment proposed by the Senfrom Vermont.
The PRESIDENT protempore. The motion is that the further consideration of the bill be postponed.
Mr. SHERMAN. I will move next Thursday, if that will suit Senators. Mr. CHANDLER. I should like to name an earlier day. How long will the tariff bill probably occupy?
Mr. SHERMAN. I have not the slightest idea. The Senator can name his own day. This section is a very important feature of the bill, and as a matter of course it ought not to be voted on unless the whole subject is taken up for consideration.
Mr. CHANDLER. Then I will name tomorrow at one o'clock for this bill.
Mr. SHERMAN. You had better let it go over to a later day.
The PRESIDENT protempore. It is moved that the further consideration of the bill be postponed until tomorrow, and that it be made the special order for one o'clock tomorrow.
Mr. CONNESS. I hope that this will not be done, and that the Senator having charge of this bill will not ask it in view of the many important questions before us. This I conceive to be an important one also, but not of the same character: I allude to national questions, questions concerning the revenue, questions involving the peace of the country, involving the industrial and financial interests of the country. I hope that special orders will not be made at this time in favor of any other class of measures. If the Senfrom Michigan will give notice that at an early day he will call up this bill, Senators will then have notice to prepare and be ready for action; and if when the Senator calls it up there shall be opportunity for the Senate to consider it, the Senate will not refuse him when he makes the motion. I hope that course will be taken.
Mr. CHANDLER. I consider this bill one of the most important measures now before Congress.
Mr. CONNESS. I have said that it was important.
Mr. CHANDLER. It is very important indeed. It is a bill in which the people of the West take a deep interest, and in which the people of the East are as much interested as those of the West. I do not wish to antago nize it of course with the tariff bill or with an bill from the ComFinance, but should like to have for it early consideration; and I see no reason why we might not take it up tomorrow and finish it during tomorrow and the next day certainly, if not during tomorrow alone.
Mr. WADE. Give notice that you will call it up tomorrow; that is just as good as a special order.
Mr. CHANDLER. Very well; then I give notice that I will call up this bill tomorrow at one o'clock; and I now move to postpone the further consideration of the bill until that hour tomorrow.
Mr. EDMUNDS. I should like to inquire whether the motion in that form will make the bill a special order for tomorrow?
The PRESIDENT protempore. The Chair understands that the bill has already been made a special order, and therefore if postponed until tomorrow at one o'clock it will not lose that character, but will still be a special order according to the rules of the Senate.
Mr. EDMUNDS. Is it in order to move to amend the motion by striking out the hour named, so as to leave it merely a motion to postpone until tomorrow?
The PRESIDENT protempore. it is in order.
Mr. EDMUNDS. I move to amend the motion by striking out the hour, so as to make it merely a motion to postpone until tomorrow generally.
Mr. MORRILL. I should like to inquire whether that will cut us off from the morning hour?
Mr. CHANDLER. accept the amendment, and give notice that I shall call up the bill tomorrow at one o'clock. Certainly The i.o.tempore." The motion of the Senfrom Michigan is modified so as o tempore. It will not. to be a motion to fo. the further consideration of the bill until tomorrow. The motion was agreed to. RIVER AND HARDOR IMPROVEMENTS.
Mr. WADE. I offer the following resolution, and ask for its present consideration: Resolved, That the comCommercebe instructed to inquire whether any further legislation is necessary to carry more fully into effect the provisions of the act of last session, (House bill No. 492,) making for the repair, preservation, and completion of certain public works, &c., has been referred which to by the SecyWar in his recent report, page455. By unanimous consent the Senate proceeded to consider the resolution.
Mr. WADE. I wish to call the attention of the ComCommerce to this subject. The officers of the Dept find great difficulty in executing the law of the iast session on account of some matters which they set forth, and this resolution points to the fo where those statements are to be found. I need not recapitulate them here. I hope the ComCommerce will turn their attention to the subject, and make that amendment to the law which the Dept seems to think ought to be made. The resolution was agreed to. BALTIMORE AND OHIO RAILROAD.
Mr. MORRILL, I move to take up for consideration Senate bill No. 507. The motion was agreed to; and the bill (S.No.507) to amend an act entitled “An act to authorize the extension, construction, and use, by the Baltimore and Ohio Railroad Company, of a railroad from between Knox ville and the Monocacy Junction into and within the DistCol, ” approved July 25, 1866, was read the 2nd time, and considered as in ComWhole.
Mr. HENDRICRS. I should like to know why it is thought necessary to take the control of this matter from the mayors and councils of the 2 cities and give it to Congress? Is it thought that Congress can better judge of a question of this sort? Why change the law in question?
Mr. MORRILL. Congress has been very tenacious of granting the right to change the streets and avenues of this city, or its public squares, or allowing any ‘interference with them whatever, except on its own judgment. It has been so jealous of this heretofore, the city having been laid out according to a plan adopted by Congress, that it has reserved to itself the exclusive right of opening and altering streets. No street can be opened, altered, or changed without the consent of Congress; that is in order that Congress may preserve the original plan, which was a feature of its own adoption. In addition to that, the Senate was advised by a memorial, which was referred to the ComDistCol, that in connection with the authority granted to the city corporation to permit this road to come into the District, and to agree upon the place where it should terminate, and the manner of its coming into the District, they have undertaken to couple with it another act to locate the depot which is now so near us, the present depot of the Baltimore and Ohio Railroad Company, and keep it there until the year 1910– an act quite unauthorized and so extraordinary as, I think, to justify Congress in keeping in its own hands the power over that question. If we extend the Capitol grounds it might be an annoyance to have the depot so near us. These 2 reasons justified calling the attention of the Senate to the matter. Then I ought to say while I am up that the grant of this power to these corporations was entirely unprecedented on the part of Congress. It had never been done before.
Mr. HENDRICKS. Do they not exercise the power under their general authority?
Mr. MORRILL. No, sir; and it is a thing which the committee are very clear ought not to be permitted to these corporations. The bill was reported to the Senate, orderengross for a 3rd reading, read the 3rd time, and passed. PENSION AGENTS.
Mr. LANE. I move to take up Senate bill No. 69, to provide for the payment of pensions.
Mr. HENDRICKS. I would suggest to my colleague that as the general question of the tenure of office is now before the Senate in a bill applicable to all offices, so much of this bill as relates to that subject had better be postponed until final action by the Senate on the other bill. I suppose he would not want one rule for the officers generally that are appointed by the President and another rule for the pension agents. If of the general law be right it ought to be applicable to these officers; if it be wrong it ought not to be passed. It ought to be general or it ought not to be passed.
Mr. LANE. In answer to that suggestion I will only say that we have passed this bill; we have reached the final vote; it stands simply on a motion to reconsider. I do not know what the fate of the other bill will be. I think I shall vote for that also, but I believe we had better dispose of this now. The House amendment has been agreed to; it stands simply on a motion to reconsider. The motion of Mr. LANE was agreed to; and the Senate proceeded to consider themotion of Mr. MoRRILL to reconsider the vote concurring in the amendment of the House f Representatives, as amended, to the bill (S.No.69) to provide for the payment of pensions,
Mr. HENDRICKS. I think, as this relates to the subject of the main bill that is before the Senate, the decision upon the motion to reconsider had better be postponed until the vote of the Senate upon the bill which is in the charge of the Senfrom Vermont, [Mr. EDMUNDs.]I therefore move the postponement of the motion to reconsider until Tuesday next.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up, without a motion, the unfinished business of yesterday, which is Senate bill No. 453.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLoyd, its Chief Clerk, announced that the House had passed the bill (S.No.253) to incorporate the 1st Congregational society of Washington, with an amendment, and also the bill (S.No.380) to incorporate the Washington County Horse.". in the DistCol, with amendments, in which amendments it requested the concurrence of the Senate. TENURE OF OFFICE. The Senate resumed the consideration of the bill (S.No.453) to regulate the tenure of offices, the pending question being on the motion of
Mr. SUMNER to amend the amendment agreed to as in ComWhole by adding to it the following additional section: Abife:, That all officers or agents, except clerks of Depts, now appointed by the sParelasriydent or by the head of any Dept, whose or compensation, derived from fees or otherwise, exceeds$1,000annually, shall be nominated by the President and appointed by and with the advice and consent of the Senate: and the term of all such officers or agents who have been appointed since the 1st day of July, 1866, either by the President or by the head of a Dept, without the advice and consFeenbtruoafry, the Senate, shall expire on the last day of 1867.
Mr. MCDOUGALL. I desire to inquire of the Senfrom Massachusetts whether he proposes to discuss the pending amendment, which I understand has been offered by him 2
Mr. SUMNER. Before the vote is taken I may have something to say upon it.
Mr. MCDOUGALL. . you propose to withhold your remarks until what you suppose to be the close of the debate 2
Mr. SUMNER. I had no purpose on the subject. Should anything occur in the debate which I should think it proper to answer, I shall throw myself upon the indulgence of the Senate to answer it; but I have no purpose on the subject.
Mr. COWAN. What is his name and what is his office?
Mr. WILLEY., His name is Long, and he is postmaster of the city of Wheeling, and he is the editor of a paper published in Wheeling called the Register. He is a gentleman who had, as I have understood, some experience in a certain institution in Wheeling known by the name of the Atheneum during the war. In his paper of the 13th of March, 1865, he published as follows: “It is aid that Mr. Thaddeus STEvens, the republical. leader in the HoRep, declared faat if the House had beenin session he would have raoved for the impeachment of Johnson. But Johnson is comparatively guiltless. The party leaders who nominated him and who advocated his elec tiou, knowing his habits and his character, are the parties who ought to be impeached beforethe august tribunal of the American people. A gentleman when sober never becomesa thorough ruffian when in his cups. Johnson drunk, is but Johnson, sober with itnhge mbraasgkgoanrt;;at heart a boastful, low bred, time serv a brutal, tyrannical pimp of power. Those who brought disgrace upon. Whe nation by {lacjing him in the position not. Johnson must be responsible before the world.” Again, in the same paper, on the 14th of March, 1865, he said: "Andy illustrates in the quality of his brain and its brilliancy, as lit up by the alcoholic contents of his stomach, what an uncouth and unadulterated statesman he is, and how strangely the machine popular government may beworked when a drunken man is chosen 2nd engineer.” I have a good deal “more of the same sort, ” ibnugt I confess that I have been disgusted in read thus much.
Mr: JOHNSON. Permit me to ask when that appointment was made.
Mr. WILLEY. The was made sometime in August last, I think.
Mr. COWAN. What is the date of the paper from which the honorable Senator has read 2
Mr. WILLEY. In giving the extracts I gave the dates.
Mr. COWAN. I beg pardon but I did not hear them. w
Mr. WILLEY. I read extracts from the Wheeling Register of March 13, 1865, and March 14, 1865. Rather than read further from it in the Senate, for I confess a loathing and disgust to doing so, I will hand to the honorable Senator, if he desires it, a great deal “more of the same sort” which I have here.
Mr. WILLEY. Now, sir, this man uttering this language applies for this position and the POTUS appoints him to it. I appeal, therefore, to the Senfrom Pennsylvania to say whether he is altogether right when he urges that the President has been influenced in making his appointments by a desire to thrust from office men who have been ross in their language of abuse toward the POTUS I do not pretend to say that there is any truth in all these remarks which I have read from this paper. Its editor occasionally pays his respects to an individual much more humble than the POTUS, and in terms and assertions of alleged facts which I know to be wholly untrue. I am far from wishing to be understood as saying that these vile charges against the President are true. I onlymention them in reply to the suggestion of the Senfrom Pennsylvania yesterday, that the President ought to turn from office men who indulge in gross abuse of his person or of his administration, and to show him that he has rather exercised his power in appointing men to office who had indulged in such language.
Mr. COWAN. If the Senator will allow me, I say now what I said then that if gentlemen will make use of this kind of language toward the President and assail him with epithets of this kind, I think it is good cause for the removal from office of any person who does so; and I think furthermore it would be a most excellent cause why such a man should not be appointed to office.
Mr. MCDOUGALL. I desire, Mr. president, to make a single remark in this connection. In the State from which I come no changes have been made by the President of which I am advised except in a single instance, where an Army officer who had been promoted and had reached a colonelcy for his services in the field was appointed by the POTUS in place of a person removed from office there. The President has I think been careful to avoid personal questions, and has not carried out fully the wishes of his friends in this matter. I desired myself to see some persons appointed in my own State; but differing from the majority of the Senate, I have not deemed it proper for me to commend anyone to office that I did not think should meet with favor from the majority. Since I have been here in a minority I have made no recommendation for office that I did not think deserved the favor of the majority. I believe, however, there is but one instance in my State where a removal has been made by the president and another person placed in office, and in that case the person who was removed was substituted by an officer who had been in the field and done the Commonwealth good service.
Mr. COWAN. Mr. President, in the remarks I made yesterday my intent was simply to show that the action of the President was represented in this Chamber in an exaggerated form; that is, it was supposed to be much more extensive and to embrace a much wider scope than it really did. In illustration of that I might have referred to the fact shown by the report of the PostMGenl, that in that Dept alone there are over 20 3,000 appointments, and during the past year of all that vast number of appointees only a little over 1,000 about one 2/3rd of the whole number have been removed. It seems to me that almost at any other time, on an occasion of any political change whatever, this number of removals would hardly have created remark. I have nothing to say as to the language or the libel, as I may call it, of the person whom my honorable friendfrom WestVirginia says has been appointed postmaster at Wheeling. If the case is as he states it I have no doubt the President has been grossly deceived; and erhaps it was the province of my honorable riend to prevent him from being so deceived. But if we take into account the number of these various appointments and the difficulty there is in receiving correct information as regards the applicants, we cannot be surprised that the like everybody else, should be deceived, and deceived very often. I confess, for my own part, that I have almost come to the conclusion that I cannot determine anything with regard to the character of an appli cant for office, and I have felt very much like declining to have any opinion upon it whatever. You are met by a batch of gentlemen one day, respectable people apparently, who say that such a man is without stain or blem ish; and the next day you are encountered by another batch who say that such an appointment would be utterly destructive and fatal.
Mr. CONNESS. That is the misfortune of your position.
Mr. COWAN. Allow me to congratulate my friend on his position; and I hope he will never get out of it. I hope he will never be called upon to judge in a case of this kind.
Mr. COWAN. I hope so for his own hap piness' sake, however ambitious he may be.
Mr. WILLIAMS. I should like to ask the honorable Senfrom Indiana what proportion of the 1,800,000 men to whom he refers voted and determined in 1864 that the war for the Union was a failure?
Mr. HENDRICKS. I have not made any calculation upon that subject; and, sir, I know of no portion of the voters of the country who voted that sentiment. I know of no expression of that opinion. I know of a resolution, to which Isuppose the Senator means to refer, declaring that thus far, up to a certain time, the war had proved a failure to restore the Union. 8 months after that, in my judgment, that resolution ought to have been proved untrue, and the result of the war ought to have proved that the Union was restored. But, sir, the Union is not yet restored; and until the Senfrom Oregon is ready to bring all of the States into their proper relations in the Federal Union upon o basis of the Constitution, until he is ready to admit into the Senate and HoRep loyal men who are able to take the oath prescribed by law, he cannot say that the restoration of the Union is completed. But, sir, I have spoken of the 1,800,000 men who at the late elections voted in favor of the policy of the POTUS, to say the least of it a very large minority; and when Senators claim that the offices belong to the people, what are the rights of this large minority?
Mr. MCDOUGALL. Allow me to ask the Senfrom Indiana whether he means to affirm that that question was involved in the late controversy? I do not understand it to have been involved at all in the States where the majority preponderated. I do not understand that the judgment of the people was passed on the question to which he has referred.
Mr. HENDRICKS. I think that in the late elections the difference between the Congress of the U.S and the POTUS did make a very marked issue in the contest, and upon that issue the majority which I havementioned went in favor of congress. I am now speaking of the large minority that sustained the President. It is known that. that question ten of the States were not allowed to express any opinion. In the States that did at the ballot box express their opinion Congress received the majority which I havementioned. When you speak of the offices be longing to the people, let me ask what are the rights of this minority of 1,800,000 men? It is not asked, and has not been asked as a general proposition, that the offices should be given to the men who opposed the election of the present Chief may gistrate. It is simply asked that of the men who voted for him in 1864 he should be allowed to bring into office a reasonable number of those who now support him and are in sympathy with him. Is that unjust? Is it an unfair thing to demand, so that the Senfrom Massachusetts is authorized to denounce it as misconduct on the part of the President? Is a thing that was so generally sustained by the majority party in 1861 wrong in 1866? I do not understand it so. Why is it that the POTUS by public opinion has been sustained in removing men and putting those in office who sympathize with him? It is because in the due execution of the laws he should have his friends to aid him. That is the sentiment of the country upon that question; and now, if it has devolved upon the present Chief Magistrate to see that the laws are executed, why may he not claim that for himself; why may not his friends claim that for him which has been conceded to every Administration that went before him?
Mr. SUMNER. Will the Senator allow me to ask him a question in that connection? Does the Senator mean to give his approbation to the extraordinary language of the President in which he announced his policy? I refer to the declaration made in the speech at StLouis that he would “kick out” that is the word, as I have said before; I put it in quotation marks kick out of office good Republicans, and that he would return from StLouis to Washington and commence the work of kicking out. I ask if the Senfrom Indiana, who is now vindicating the conduct of the President, means to vindicate that peculiar enunciation of what he intended to do?
Mr. HENDRICKS. Mr. President, the question that the Senfrom Massachusetts suggests to me is a question of rhetoric. I cannot say that I like the style that he attributes to the POTUS I say this; that the POTUS, by the judgment of the country in former Administrations, has been sustained in removing from office men opposed to his Fo and placing in office men in.with him; but we always express that by the pleasing term of “removal from office.” To “kick” a man “out” is but to express the same thought in other language, not quite so agreeable. I have doubted whether the President used that language at all; and after the Senator had concluded his speech, so strong were my doubts upon the question of fact that I went to him in his seat and asked him if he knew certainly that the President had used any such language; he said he thought that he had; that he thought he had seen it in the newspapers.
Mr. HENDRICKS. I was unfortunate in not reading that speech, perhaps. I read some of the speeches, but I ää not know that I was obliged to read all the speeches the President made on his trip to Chicago, and it may be that I omitted to read that speech. I will not say that the President did not make the remark, for I cannot say that; but I have not met with it, and was surprised when the so from Massachusetts charged it upon lin.
Mr. MCDOUGALL. Allow me a word in this connection?
Mr. MCDOUGALL. The Senfrom massachusetts has undertaken to state what the POTUS has said while being President without giving exact references or an opportunity to ascertain whether it was really. not. Isay as a matter of order, of privilege if you please, that he is bound to state his authority. That is the law of the Senate, and has been from time imme morial. He does not furnish the day or date or paper even.
Mr. EDMUNDS. Allow me to ask the senator if he refers to the case of the U.S. vs. Guthrie, in 17 Howard; the Minnesota case?
Mr. HENDRICKS. I refer to the case of the Minnesota judges.
Mr. EDMUNDS. In that case the court declined as a body to express any opinion on that point, and the only judge who did express an opinion upon it held exactly the reverse of what the Senator seems to suppose. The other judges declined to pass on o: question at all, holding it in reserve, and turned the case on the question of the propriety of issuing a writ of mandamus to compel the payment of the money. So that as far as we can get any light from that decision that light is against the power of the President.
Mr. HENDRICKS. Did the case come from the court below?
Mr. EDMUNDS. No, it was a proceeding in this District on a petition for a mandamus against the SecyTreasury to com. pel the payment of salary.
Mr. HENDRICKS. I was notable to state the case exactly. The application was for the salaries of the removed territorial judges, and it resulted in their not getting their salaries.
Mr. HENDRICKS. And it resulted in the persons who were appointed in their places getting their salaries.
Mr. EDMUNDS. Not by force of the deClsion.
Mr. HENDRICKS. I thought it had been ojudgment of the court finally upon the point. This power, then, of the President to remove and to appoint during the recess, in my judgment, has been settled too long to justify us in saying that it is an open question for any purpose. The power being possessed by the presMolent, I submit whether 8.can restrict the President in the exercise of the power. We may fix the tenures of offices unquestion ably so far as they are under our control. To that part of the bill I should have no objection a bill for that purpose, confined to that purpose; but a bill that takes away from the President what I think to be a power, conferred upon him by the Constitution I cannot dream of supporting. Suppose, the question being an original one, we should say that the President does not have the power to remove, that he does not have the power to create a vacancy during the recess. I submit to the Senfrom Vermont as a lawyer whether upon a constitutional question he allows no force precedent, to the uniform practice of the Government, whether after 70 odd years of usage upon this subject, after a very full expression p the legislative opinion upon the subject, it be now an open question.
Mr. EDMUNDS. I will not make any extended answer to the question of my friend at this moment, but will only assure him that it is capable of demonstration, as he will discover presently, when we reach that question, that everything which has been done by way of practice, which is so o much relied upon, has done by express authority of law; and I have yet to learn that a practice may continue long enough under authority of law to preclude the lawmaking power from changing the law, and therefore changing the practice.
Mr. HENDRICKS. If the Senator refers to the Constitution as the law, I agree with him; but without reference to any particular power expressed in the law, to remove an officer the President has exercised it.
Mr. EDMUNDS. Every officer that has been removed, so far as my understanding goes, has been removed by force of the express authority conferred upon the President to do it. It may be true that the President may claim the exercise of that power independent of the law; but I take it, as long as the lawmaking power confer the authority upon him they are not to be concluded because he chooses to say that he has got the power without, because we are not committed as long as we authorize it to any construction he may put upon the Constitution himself.
Mr. HENDRICKS. What law does the senator refer to?
Mr. EDMUNDS. I refer to any act under which any Dept has been created or under which any officer has been appointed from the beginning of this Government down to this day; and I will produce the acts for the benefit of my friend when we reach the point of the debate where it properly belongs.
Mr. HENDRICKS. I cannot an. 3. question like that. I do not know who: the action of the Senate prevented anyot als or not. The Senator can predicato". ever argument he pleases upon his, Poo"tion. I cannot answer a hypothetical CaS6. r
Mr. HENDRICKS. I did not refer to that as any criticism. I agree with the Senator; I have never found any fault with the majority o the Senate selecting the chairmen of committees. I have no objection to that; but I say that that is a specimen of proscription in the Senate which comes in strong contrast with the criticisms that are made by the majority party upon the President for doing a like thing. That was the use I made of it.
Mr. CONNESS. I have not used the word “proscription”, myself. I. do not think the construction of the committees of this body can be viewed in that light. I believe that one of the distinguished gentlemen to whom the senator referred [Mr. CowAN] has only recently received the votes of the Opposition party in a neighboring State for the office of U.S. Senator, showing that the judgment of the senate in regard to his political relations to the dominant party is not much out of the way. I do not wish to pursue that branch othe subject; nor, indeed, do I wish to pursue this subject at all. It is evident from the direction the debate has taken the bill before the Senate has been lost sight of, and I am as anxious as any Senator to get to a vote upon the measure before us. Sir, it is not agreeable always (although it is in another sense quite agreeable to me afways) to listen to the distinguished Senfrom Indiana. The astute manner of the Senator in endeav oring to seize all possible advantages for his political party out of questions as they arise in the Senate Iis, think, pretty well under stood. The Senator is of distinguished ability; he has exercised his ability in the Senate in the respect that I speak Iof, think since he has been in it, the engineer of his party; the leader of his party, and recently having added to it a number in the Senate, he still keeps the lead. I do not know that a better one could be chosen. But, Mr. President, I will not pursue this line of remark, nor waste the time of the Senate longer. What has taken place is well known and understood by the Senate and the country, and for one, as a member of the dominant party responsible for my part of their action, I feel entirely sinless in the premises.
Mr. HOWE. Mr. President, I rise for the single purpose now of reminding my colleague that before he commits himself absolutely and unequivocally to the task of demonstrating, so that any man can see it, that the policy to which e Philadelphia convention committed itself and undertook to commit the country was identical with the policy pursued by the late President and avowed by the convention which nominated that President, he ought to remember that he has been endeavoring, during the last campaign, to demonstrate that very fact, and that about 2/3rds of the American people were utterly unable to see it, and in view of his success on that occasion I think he ought not to undertake unequivocally to show it hereafter.
Mr. DOOLITTLE. Mr. President, when I enter upon the demonstration. I hope that I shall be able to convince my colleague. I shall read his own speech on that subject, made not many months ago, and refer to his own votes in favor of that same policy.
Mr. HOWE. Mr. President, if my colleague will only confine himself to reading my speeches he will be able to demonstrate a good many things that he never has demonstrated. yet; but he will utterly fail in the demonstration which he promises. “
Mr. DOOLITTLE. Mr. President, I can only say that when the question of Arkansas was up not very long ago my colleague made a speech on that subject, which he has not an swered and which has never been answered in this body, in which he demonstrated that the State of Arkansas was still a State of this Union, and that she had a right to choose Representatives. That is the speech to which I refer.
Mr. HOWE. Yes, Mr. President, I did make a speech on that occasion which I never have heard answered, and which I do not believe today can be answered, that under the law as it then stood the State of Arkansas had the right to send representatives here and a right which ought not by the Senate to be denied to her while the law stood as it did then on our statute book. But in that speech I did insist that the State of Arkansas had forfeited that right, and that the 2 Houses ought to unite in declaring that forfeiture. At the very last session of Congress they did unite in declaring that forfeiture.
Mr. DOOLITTLE. I do not understand that the 2 Houses of Congress have passed any law declaring that these States are out of the Union. The law stands precisely where it stood when my colleague made the speech.
The PRESIDING OFFICER. The ques.tion is on the amendment of the Senfrom Massachusetts to the amendment.
Mr. SUMNER. As the proposition on which the Senate is about to vote was brought for ward by me I should like to have the indul. gence of the Senate for a few minutes while I answer the objections that have been made to it. Had I succeeded in catching the eye of the Chair at the proper time I should perhapshave said something in reply to the Senfrom Indiana, [Mr. HENDRIcks,) but he has already been answered by the Senfrom California, [Mr. Conness] Besides, the topics which he introduced were, if I may so express myself 3.in their character. He did not ad. ress himselfdirectly to the proposition on which you are to vote. I do not say that his remarks were irrelevant; but obviously he seized the occasion to make a political speech. The Senator is an excellent , he always speaks to the point as he understands it; and yet his point is apt to be E. Of coursehespeaks as one having authority with his party, in which he is an acknowledged leader. And now, sir, you will please to remark, he comes forward as a leader for the POTUS, The Senfrom Indiana, an old school Democrat he will not deny the appellation now resents himself as the defender of the Pres: ident. Very well. I congratulate the President upon so able a defender. Before this great controversy is closed the President will need all the ability, all the experience, all the admirable powers of debate which belong to the distinguished Senator. As Ipropose to call the attention of the Senate precisely to the question before Ius, shall begin by asking the Secretary at the desk to read the amendments which I have offered.
The Secretary read the pending amendment, which was to insert as an additional section: Abife: That all officers or agento except clerks of Depts, nowappointed by the President or by the head of any Dept. whose salary or compensation, derived from fees or otherwise, exceeds $1,000 shail be nominated by the President and appointed by and with the Advice and consent of the Senate; and the term of all so officers or owho have been appointedsincethe ist day of jufy, iso, either by the Presidentorby the ead of a Dept, without the advice and consent of the Senate, shall expire on the lastday 9 February, 1867
Mr. MCDOUGALL. I rise to a question of privilege. I wish to ask
Mr. MCDOUGALL. I do not ask you to yield the floor. I rise to a question which gives me a right to be heard a question of Pos
The PRESIDING OFFICER, (Mr. ANTHoNY in the chair.) The Senfrom California rises to a question of privilege; he will state his question of privilege.
Mr. joo. It is that no Senator on this floor has a right to make use of such remarks of or about the Executive of the U.S. as those the Senfrom Massachusetts has just uttered, when that Senator may be a judge upon a question of impeachment, if an impeachment should be preferred against the President. It has been held so always as the law of Parliament. It was the law of the Senate in its better days, always maintained by the Gentfrom Vermont, now called to his long home, who for so many years graced the chair, [Mr. Foot]
Mr. SUMNER. I rise to a point of order. The rule is explicit
The PRESIDING OFFICER. The Senfrom Massachusetts rises to a question of order; he will state his point of order.
Mr. SUMNER. My point of order is this: the Senator undertook to interrupt me; declined to yield the floor to him; and yet he proceeds to make a speech.
The PRESIDING OFFICER. The Senfrom California rose to a question of privilege. The Chair understood him to object to words spoken in debate
Mr. SUMNER. Let him take them down and present them.
The PRESIDING OFFICER. place to reduce the words to writing.
Mr. MCDOUGALL. I will do so. The Senator proceeded to write upon a sli of paper the words of Mr. SUMNER to which he excepted; and having written them, handed the writing to a page to be submitted to Mr. SUMNER.
Mr. SUMNER declined to receive the paper, saying: I do not want it.
Mr. MCDOUGALL. I ask if I am correct in what I have there put down as the words used by the Senator?
Mr. SHERMAN and Mr. JOHNSON. Let the paper be read.
Mr. MCDOUGALL. I wanted to see if I was correct. [To Mr. SUMNER] Are not the words I have written down the words you used?
Mr. SUMNER. If the Senator has any point of order to make let him make it; otherwise I must insist upon proceeding.
Mr. MCDOUGALL. I insist on my point of order, then. I say as a question of order as well as of privilege that it is not the privilege of a Senator, while on the floor of the Senate, unless the President is accused and being tried by this body as a high court
Mr. SUMNER. I rise to a question of order. I insist upon proceeding unless the rules of the Senate are complied with.
The PRESIDING OFFICER. The Senfrom California will send up a written statement of the words to which he excepts; and the question will be decided by the Chair. No debate is in order pending the decision, and after the decision is announced no debate on the question is in order unless an appeal be taken.
Mr. MCDOUGALL. I now send to the desk a statement of the words uttered by io the from Massachusetts, as I understood them.
The Secretary read the paper sent up by Mr. MCDougALL, as i.” p “We have never before had a POTUS who was an enemy of his country.”
Mr. MCDOUGALL. Those are the words I understood the Senfrom Massachusetts to use.
The PRESIDING OFFICER. It is the impression of the Chair that those words do not exceed the usual latitude of debate which has been permitted here. Of course the Chair, as at present occupied, is very liable to error; and if the Senator objects to the ruling he can take an appeal.
Mr. MCDOUGALL. I do not desire to appeal from the decision of the Chair; but I think I must ask for a vote of the Senate on the question whether such language is parliamentary or not.
The PRESIDING OFFICER. The Senfrom California appeals from the decision of the Chair.
Mr. MCDOUGALL. And I ask for the yeas&nays upon it. The Bing OFFICER. The Chair will state the question. The Senfrom California has risen to a question of privilege, and objected that the words read at the desk are out of order. The Chair decides that the language is not out of order. The Senfrom .appeals from the decision of the Chair, and.for the yeas&nays.
Mr. SUMNER. I insist that the actual words I used shall be read by the short hand writer. It is his
The PRESIDING OFFICER. The Chair will 1st ascertain whether the call for the yeas&nays is sustained. The yeas&nays were ordered.
Mr. SUMNER. I insist that the words which I used and which are objected to shall be taken from the notes of the short hand reporter.
Mr. MCDOUGALL. I have no objection to that; the sense is the same.
Mr. SHERMAN. I think the words objected to are clearly in order. I have heard similar remarks 50 times without any question of order being raised. I may say, when the tariff bill is up, that the Senfrom California in taking a particular course is an enemy of the country is a common mode of argument, which has always passed unquestioned. We may express our opinion that an officer of the Government in doing so and so is an enemy of the country.
Mr. SUMNER. I rise to a question of order. I wish to proceed with my remarks.
Mr. MCDOUGALL. I have the floor. The Senfrom Ohio would be right if the person addressed was a member upon this floor; but he not being on this floor, the Senfrom Massachusetts has no more right to use such language than he would if he were in the supreme Court.
Mr. SUMNER. I raise the point of order that debate is not in order now. The Senator is insisting upon debate.
Mr. JOHNSON. There is an appeal from the decision of the Chair. Debate is in order upon the a peal.
The PRESIDING OFFICER. The appeal is debatable.
Mr. EDMUNDS. Will the Senator allow me to make a suggestion?
Mr. EDMUNDS. This is a very important question, and I am rather inclined to agree in opinion with the Senfrom California, that the words spoken exceeded the proper limit of debate, but I am not certain about it. I suggest the propriety of this question of order being adjourned until tomorrow, and that we proceed with the consideration of the bill, so that we may have time to look into the precedents.
Mr. MCDOUGALL. I should like to have the question determined by the Senate.
Mr. EDMUNDS. I move to postpone the further consideration of this question of order until tomorrow.
Mr. HOWARD. I move to lay the appeal upon the table.
The PRESIDING OFFICER. The appeal cannot be withdrawn except by the unanimous consent of the Senate, the yeas&nays having been ordered upon it.
Mr. MCDOUGALL. The question of the appeal may be postponed, and the debate may go on on the bill.
Mr. EDMUNDS. My motion was, the Senfrom California yielding the floor for that purpose, to adjourn this question of order until tomorrow and to proceed with the bill. That motion I believe to be perfectly in order.
Mr. GRIMES. I hope that will not be done. I think it is due to the Senfrom Massachusetts that this question should be settled. He is charged with having given utterance to a sentiment here which the reporter's notes do not bear out. The appeal should be changed by the Senfrom California so as to correspond with the official report, and then let us settle this question and let the Senator. g
Mr. MCDOUGALL. I wrote them as I heard them.
Mr. GRIMES. The words used by the Senfrom Massachusetts were, we have never had a POTUS who was an enemy of his country.
Mr. GRIMES. No, sir. The words attrib uted to him by the Senfrom California were, “We have never before had a POTUS who was an enemy of his country, ” making a very material difference.
Mr. JOHNSON. Do you speak now from the report?
Mr. GRIMES. Yes, sir, from the report by the reporter.
Mr. MCDOUGALL. If the Senator will allow me, I wish to make an inquiry of the Senfrom Massachusetts. I put down his language as I heard him deliver it. I wish to ask him whether he denies the affirmation?
Mr. SUMNER. The Senator has not quoted my language correctly. Of course he has not quoted it correctly.
Mr. MCDOUGALL. Very well. I designed quoting it correctly, and I have a very bad pair of ears and a very short memory if I have not done it.
Mr. JOHNSON. The decorum which the Senfrom Massachusetts almost always observes, and which is so necessary to the success of our own deliberations and the character of the body, satisfies me that he could not have in tended to apply the remark, whatever he may think, in the sense in which it was understood by the Senfrom California. I do not know that my friendfrom Massachusetts has before him, as he sometimes has, in writing what he stated to the Senate; but if he has not, my own experience, and what I am sure will be admitted to be the experience of every member of the body is, that our reporters are accurate to a letter. I have no doubt, therefore, that if my friendfrom Iowa is correct in saying what the reporters have stated to have been the remark it is not out of order. It does not imply that the incumbent of the presidential office is or has been an enemy to his country. It is
Mr. HOWARD. If the Senfrom Maryland will allow me a moment
Mr. HOWARD. I wish to inquire whether this debate is in order. I made a motion to lay the appeal on the table.
The PRESIDING OFFICER. The Chair did not hear the motion.
Mr. JOHNSON. I did not hear it either. I think if the honorable Senfrom Michigan will permit me to go on I shall not say anything that he will find fault with. There is nothing
Mr. MCDOUGALL. If the Senfrom Maryland will allow me one moment. Upon the statement of the Senfrom Massachusetts, if he will affirm that the language expressed by him is that just stated I will with draw the appeal.
Mr. JOHNSON. Very well; then I have nothing further to say.
The PRESIDING OFFICER. It can only be withdrawn by unanimous consent, the yeas&nays having been ordered. Is there any objection?
Mr. DOOLITTLE. As some question has arisen
The PRESIDING OFFICER. Does the Senator object to the withdrawal of the apea p
Mr. DOOLITTLE. I object until I make my statement. I say some question has arisen as to the precise language which was used by the Senfrom Massachusetts
Mr. DOOLITTLE. I understand the senator proposes to read his precise language, so that there will be no doubt as to what were the precise words which were used by him, and then of course we shall be better prepared to judge whether they are in or out of order.
Mr. MCDOUGALL. I have withdrawn the appeal.
Mr. HOWARD. If the appeal is withdrawn, of course the Senfrom Massachusetts will proceed with his remarks.
The PRESIDING OFFICER. The Chair understands there is no objection to the with drawal of the appeal. It is withdrawn. The Senfrom Massachusetts is recognized as entitled to the floor.
Mr. SUMNER. When I was interrupted in the extraordinary way which the Senate has witnessed a few moments ago, I was trying to present reasons in favor of the proposition on which we are to vote, and I had insisted as strongly as I could that the special duty of the hour was protection to loyal and patriotic citizens against the POTUS; and in that connection I undertook to reply to something that fell from the Senfrom Maine, who does not enter into this consideration; who seems, if I may judge from his argument, to feel that there is no occasion for any special safeguards at this hour; and while presenting that view I used language which, according to the short hand reporter, was as follows. He has kindly written it out and sent it to me. I read it from his notes: “There, sir, is the duty of the hour. There was no such duty on our fathers; there was no such duty on our recent predecessors, becausethere was no POTUS who had becomethe enemy of his country.” such were the words which I used when sud denly interrupted. By those words, sir, I stand.
Mr. DOOLITTLE. I raise a question of order, whether these words are in order, as stated by the Senator?.
The PRESIDING OFFICER. The Chair has already decided a similar point of order. The Chair will submit this question to the Senate.
Mr. DOOLITTLE. Very well; let it be submitted to the Senate, and let the sense of the Senate be taken as to whether these words are in order.
The PRESIDING OFFICER. In the opin. ion of the Chair the words referred to do not exceed the latitude of debate that has been usual here. That has already been decided on these precise words. Does the Senfrom Wisconsin appeal from the decision of the Chair?
Mr. DOOLITTLE. I understood the chair to state that he would take the sense of the Senate on the question, and on the question of submitting it to the Senate I desire to make a single observation.
Mr. SUMNER. I rise to a question of order, I insist upon proceeding in order unlessthere is some further motion pending before the Senate.
The PRESIDING OFFICER. The Sena. tor from Wisconsin rose to a point of order.
Mr. SUMNER. Very well; he has been overruled.
The PRESIDING OFFICER. The Chair proposed to submit the point to the decision of the Senate; but several Senators calling upon the Chair to decide the point of order, the Chair decided that the words referred to were not out of order. Does the Senfrom Wisconsin appeal from the decision of the Chair?
Mr. DOOLITTLE. Mr. President, as this precise question is one of very greatimportance, inasmuch as discussions are continually arising and observations are being made in relation to the executive dept of the Government, I think it should be passedupon dispassionately and considerately, and in order to give us an opportunity to do so I movethat the Senate do now adjourn. & Oh, no."]
Skip Skip The question being put; there were on a division ayes 9, noes 24. Mr. MCDOUGALL. I call for the yeas&nays on the motion to adjourn. The yeas&nays were not ordered. The Senate refused to adjourn. Mr. LANE. I move to fay the appealfrom the decision of the Chair upon the table, and on that motion I ask for the yeas&nays.
The PRESIDING OFFICER. The Senfrom Wisconsin has the floor, and the Senfrom Indiana cannot take the floor from him to make the motion without his consent.
Mr. LANE. I supposed the Senator " through.
Mr. SHERMAN. The SenfromWir consin must have yielded the floor because the question has been put to adjourn.
Mr. SUMNER. “He lost the floor by allow"ing another motion to intervene.
The PRESIDING OFFICER. The Chair was in error. The motion of the Senfrom Indiana is in order. ion of Mr. DOOLITTLE. On the question " moving to lay on the table an appeal."." question of order, I submit whether.the Senfrom Indiana is in order in moving the appeal on the table?
The PRESIDING OFFICER. The motion of the Senfrom Indiana is in orderin" judgment of the Chair. d
Mr. LANE. It is the only possible and proper motion to suit such a case as my opinion.
Mr. DOOLITTLE. ion which It is a motion." is made in reference to a great many.
Mr. DOOLITTLE. I rise to a question of order, whether a motion to lay the app" the table is in order?
Mr. FESSENDEN. The Chair has fer 9" ruled that point.
Mr. Þoð?ttle, I do not understand the Chair to have made any announceme" the Tshubjoecst.ping ando of FICEB, Io;ment of the Chair the motion is in ord" Chair is not aware of any exceptions to this In Otlon.
Mr. DOOLITTLE. I will appeal, then, from that decision
Mr. LANE. You cannot pile up 2 appeals, one upon the other. The 1st question of order must be decided, and then an appeal may arise; but you cannot pile up one appeal on another. If so, the process will be interminable and we shall reach no result.
Mr. DOOLITTLE. I call the honorable Senfrom Indiana to order. I had the floor on an appeal from the decision of the Chair, and having the floor I did not yield to the Senfrom Indiana for any such purpose. Now, I insist that where an jaf is taken from a decision of the Chair on a question of order, and the question of order is thus brought before the Senate, if a motion to lay the appeal on the table can be entertained, it is utterly impossible to get the judgment of the Senate upon the question of order; it is disposed of, of necessity, without debate; whereas an appeal from the decision of the Chair is always a matter for discussion, so that the Senate can pass considerately upon the question of order; and questions of order are sometimes the most important questions which can be submitted to the Senate. The objection which is made that I am piling appeal upon appeal
Mr. SUMNER. I rise to a question of order. I insist that all that the Senfrom Wisconsin is now interjecting into this debate is out of order. There is a motion of the Senfrom Indiana to lay the appeal on the table. You cannot pile another appeal upon the 1st Pool The vote must be taken.
Mr. COWAN. The motion of the Senfrom Indiana to lay the appeal on the table is not an appeal.
Mr. SUMNER. But there is an appeal, which he moves to lay on the table.
Mr. COWAN. I so understand it; but that is not an appeal from the decision of the Chair. I understand the Chair to decide that the motion of the Senfrom Indiana is in order. Then there is only one appeal. My honorable friendfrom Wisconsin has a right to his appeal, and that is the only one.
The PRESIDING OFFICER. In the judgment of is the Chair the Senfrom Wisconsin in Order.
Mr. DOOLITTLE. I was saying that I do not see how it is possible on a question of order to obtain the judgment of upon the Senate a consideration if a Senator can rise and at once move to lay it upon the table.
Mr. GRIMES. That is the very purpose, because the Senate is not prepared to express any judgment; to lay it over or lay it on the table for consideration at another day.
Mr. DOOLITTLE. But what is to be done with the Senator when, under the rule of the Senate, if he be not in order he cannot proceed at all? How are we to dispose of him?
Mr. FESSENDEN. For the sake of testing this matter I desire to appeal from the last decision of the Chair, that the Senfrom Wisconsin was in order. That will make only 3 appeals pending at the same time.
The PRESIDING OFFICER. There is only one question of appeal pending. There is a motion of the Senfrom Indiana to lay an appeal on the table. The Chair decides that that motion of the Senfrom Indiana is in order. From that decision the Senfrom Wisconsin appeals.
Mr. FESSENDEN. And then the question is raised by the Senfrom Messachusetts whether the Senfrom Wisconsin is in order. The Chair decides that he is. From that decision I appeal.
The PRESIDING OFFICER. The Chair thinks he is in order.
Mr. WADE. And I move to lay this last appeal on the table. [Laughter] I want to see how we shall come out.
The PRESIDING OFFICER. The appeal of the Senfrom Maine is an appeal over an appeal.
Mr. FESSENDEN. Mine was the 3rd. There were 2 previous appeals.
Mr. DOOLITTLE. The same objection which was made to the motion of the Senfrom Indiana applies to the motion of the Senfrom Ohio. If an appeal can be laid upon the table and the question of order disposed of in that way, and without debate, it is impossible to get the judgment of the Senate upon the question; whereas we know that questions upon appeals are always open to debate in order that the judgment of the Senate may be had. I simply desire that the judgment of the Senate.be pronounced upon this question as to whether the use of such words is allowable. Suppose we were to speak of the Congress or the HoRep
The PRESIDING OFFICER. The Gentfrom Wisconsin is not in order in discussing any question except the appeal.
Mr. DOOLITTLE. That is just the point I was intending to present.
The PRESIDING OFFICER. The other point is not in order.
Mr. MCDOUGALL. Will the Senfrom Wisconsin allow me to ask him a question?
The PRESIDING OFFICER. The Senfrom Wisconsin has the floor.
Mr. MCDOUGALL. I wish to ask him a question for information. I understood that he had not yielded the floor when the Senfrom Indiana rose and made the motion to lay on the table, but still claimed the floor.
Mr. LANE. That is an entire mistake. The Senfrom Wisconsin had made a motion to adjourn, and that motion being put, of course he lost the floor, and then I was properly on the floor, and the motion was in order.
Mr. DOOLITTLE. I was still entitled to the floor.
Mr. SHERMAN. Will the Senator allow me a moment?
Mr. SHERMAN. I merely rise to say a word on this point of order, because we do not wish to be involved in altercations of this kind here. The manual and rule of parliamentary law both of the HoRep and the British Parliament is, that whenever a motion is made that is not debatable you cannot accumulate questions upon it. Therefore, when a motion is made to adjourn, you cannot take an appeal from the decision of the Chair on the and debate that; and when a motion is made to lay a question on the table, the most ordinary form of parliamentary motion, there can be no debate after that motion is made until the motion is deter mined. Therefore, in my opinion, with due deference to the decision of the Chair, when the Senfrom Indiana makes a motion to lay the appeal on the table, that is the end of all debate, and that motion must be put, and no other motion or business can intervene except a motion to adjourn. That being a motion of a prior and higher order, supercedes the motion to lay on the table. That is the parliamentary rule. I trust, therefore, that we shall go back and commence at the beginning of this difficuly and take the question, without debate, upon the motion of the Senfrom Indiana. That is the parliamentary rule.
Mr. DOOLITTLE. I. In reply to the Senfrom Ohio I have simply to say that one of 2 things is certain: we must either dispose of and settle the question of order in the midst of the debate, for it has reference to the debate and the Senator upon the floor; we must dispose of that question now, or if a motion to lay that question on the table can intervene, it carries the debate with it and the subject matter of the debate.
Mr. SHERMAN. The Senfrom Indiana moves to lay the question upon the table. What question is that? Simply the appeal. The point of order can come up again tomor row or any day, at any moment. The Senfrom Wisconsin may call up that question which was laid upon the table, and we can consider it then. That is the custom of the Senate.
Mr. DOOLITTLE. Let us see where we stand, and not be misled by the very astute argument of my learned friendfrom Ohio. A Senator is upon the floor, making use of language alleged to be out of order. He is called to order because the words are out of order. An appeal is taken from the decision of the Chair on the question of order. A motion is made to lay that appeal on the table. What effect has that motion upon the Senator on the floor in debate? Is he allowed to go on?
Mr. SHERMAN. The parliamentary law says expressly that upon any disposition made of the point of order the Senator may proceed according to the judgment of the Senate; and that is the language used in the rule.
Mr. DOOLITTLE. Then, according to the Senfrom Ohio, the judgment of the Senate can be taken without debate on a question of order.
Mr. SHERMAN. The judgment of the Senate may be taken without debate on a question to lay a proposition on the table. It is simply to lay it aside for the present. Then the ordinary motion is that the Senator be allowed to proceed in order.
Mr. DOOLITTLE. What I desire is, to get the judgment of the Senate and I want the deliberate judgment of the Senate on the question whether the use of these words is parliamentary. I do not care whether it is decided just at this moment or decided an hour hence or decided tomorrow; but the question ought to be passed upon, so that we may know whether such words are or are not within the rules of parliamentary proceedings; whether it is parliamentary for a Senator speaking of the SCOTUS to say that the SCOTUS is the enemy of the country; whether it is parliamentary for a Senator to say that the HoRep is the enemy of the country; whether it is parliamentary for us to say of the POTUS that he is the enemy of the country; whether it is parliamentary for us to say of each other on this floor that we are the enemies of the country.
Mr. FESSENDEN. No; that would not be in order.
Mr. DOOLITTLE. My friend suggests that we cannot say on this floor to each other that we are the enemies of the country. Why not? If it be not in order for one Senator to say to another Senator that he is the enemy of the country, what is the reason that it is out of order? It is because you are not using proper and parliamentary language toward an officer of the Government who is entitled to be treated with ordinary respect.
Mr. FESSENDEN. Because it tends to promote disorder in the body.
Mr. DOOLITTLE. It is suggested because it tends to promote disorder in the body. But, sir, is there not a still greater tendency to promote disorder and confusion in the country if one branch of the Government is to denounce' another branch of the Government as an enemy of the country; for the Senate to denounce the HoRep as an enemy to the country; for us to denounce the President as an enemy of the country? That is the question. I wish to have the judgment of the Senate upon that question. I do not care how it is arrived at. Forms are nothing to me; substance is all at which I aim. believe that according to parliamentary law it is not even parliamentary for any person in debate on this floor to say of a pending measure that should it pass the President would veto it, or would probably veto it. It is not within the rule of parliamentary law for us to speak of the proceedings of the HoRep in any way disrespectful, or in any way whatever, or of the proceedings of a committee. All I ask is, that I may understand the judgment of the Senate on this question: I care not as to the form of arriving at it. have great respect for the decisions of the Chair always, and it was simply with a view of getting the judgment of the Senate on this question that I took the appeal, and I wish the person occupying the Chair had taken the sense of the Senate directly upon the question as to whether the use of these words was in order.
The PRESIDING OFFICER. The Chair is satisfied, upon an examination of the authorities, that the former decision made by him in regard to the appeal taken by the Senfrom Wisconsin was not correct, and that no debat able motion can intervene after a motion to lay upon the table. such is the judgment of the Chair after an examination of the authori ties.
Mr. DOOLITTLE. Having made the apeal for the purpose of. making my statement, now withdraw it. What I desire is
Mr. SUMNER. I rise to a question of order; the Senfrom Wisconsin is not in order.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Indiana to lay the appeal on the table. SUMNER. And that is not debat able.
Mr. DOOLITTLE. If it is decided that that is not debatable I will withdraw my appeal.
The PRESIDING OFFICER. It is moved that the appeal taken by the Senfrom California [Mr. MCDoug ALI] from the judgment of the Chair be laid upon the table.
Mr. DOOLITTLE. I withdraw my appeal from the decision on the motion of the Senfrom Indiana, the Chair having stated that on examination he found the authorities the other way.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Indiana to lay on the table the appeal taken by the Senfrom California, and that motion is not debatable.
Mr. MCDOUGALL. I withdrew my appeal by unanimous consent.
The PRESIDING OFFICER. The Senfrom California asks leave to withdraw the appeal by unanimous consent.
Mr. MCDOUGALL. It was withdrawn, and then renewed by the Senfrom Wisconsin.
Mr. LANE. It was the appeal of the Senfrom Wiconsin which I moved to lay upon the table, and there the debate should have ended, and the vote should have been taken.
The PRESIDING OFFICER. The Chair understands it was renewed by the Senfrom California. [“No!” “No T'
Mr. MCDOUGALL. I withdrew it by unanimous consent.
Mr. SUMNER. The appeal is by the Senfrom Wisconsin.
The PRESIDING OFFICER. The appeal is by the Senfrom Wisconsin, and the question is on the motion of the Senfrom Indiana to lay that appeal on the table.
Mr. CONNESS. And upon that question the yeas&nays were called for by the senator who made the motion.
The PRESIDING OFFICER. They were called for, but not ordered. On this question the i.&nays are demanded. The yeas&nays were ordered; and being taken, resulted yeas 29, nays 10;. So the appeal from the decision of the Chair was laid upon the table.
Mr. FESSENDEN. With the leave of the Senfrom Massachusetts, I understand from him that, he is not particularly desirous of closing his remarks tonight, and it is quite evident that we cannot get through with the bill tonight. Cold as this room is and uncomfortable as it is, I would be willing to stay here if we could finish the debate tonight, but it is quite evident that we cannot do it. I rise, therefore, for the purpose of moving an adjournment. If my friendfrom Vermont has anything to say I will withdraw the motion.
Mr. EDMUNDS. I merely wish to say this: it is quite obvious to me that we shall be just as far off tomorrow morning as we were this in reaching the end of this question, unless we determine to go on with it. Of course if it is the pleasure of the Senate to adjourn they will do so. It is their pleasure not mine that will control that question.
Mr. FESSENDEN. I will withdraw the motion if my friend desires me to do so.
Mr. EDMUNDS. I certainly desire it to be withdrawn.
Mr. FESSENDEN. I move that the Senate do now adjourn. The motion was agreed t;o and the Senate adjourned.
HoRep. THURSDAY, January 17, 1867. The House met at 12 o'clock m. Prayer by Rev. E. P. MARVIN, D. D., of Boston. The Journal of yesterday was read and approved. HAirbor. At POINT sau.
Mr. McRUER, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComCommerce be instructed to inquire into the existence of a harbor in the vicinity of Point Sal, on the coast of California, the practicability of renderingsuch harbor available for the purpose of commerce, and what expenditure is necessarytherefor. COLONEL L. C. Hour.
Mr. STOKES, by unanimous consent, introduced a bill for the relief of Colonel L. C. Houk, of Tennessee; which was read a 1st and 2nd time, and referred to the ComClaims. JAMES M. LATTA.
Mr. DEFREES, by unanimous consent, introduced a JtResolution for the relief of James M. Latta; which was read a 1st and 2nd time, and referred to the ComClaims. PAWING OF PENNSYLVANIA AVENUE.
Mr. INGERSOLL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That the ComDistCol are hereby instructed to inquire into the expediency of paving Pennsylvania avenue, or any part thereof, and that the committee have leave to report by bill or otherwise. WILLIAM B. TODD.
Mr. INGERSOLL, by unanimous consent, introduced a bill for the relief of William B. Todd; which was read a 1st and 2nd time, and referred to the ComDistCol. FRAUDS ON THE GOVERNMENT.
Mr. COOK, by unanimous consent, introduced a bill to enable the U.S. to recover the value of property of which it has been defrauded; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. STEVENS. I now call for the regular order of business. The House resumed, as the regular order of business, the consideration of the bill reported last evening from the ComWhole on the state of the Union, with sundry amendments, being House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867.
Mr. STEVENS. I was somewhat surprised, sir, to read in the papers of this morning that the call for a division on the last amendment pending in the ComWhole on the state of the Union last evening had been withdrawn. It is entirely untrue. I called for and insisted upon a division, and I left the House. inf that there was not the 3rd of aquorum here. cannot understand how the amend.ment can have been reported to the House as having been adopted by the committee. If the Journal so reports, I beg to have the Journal corrected, if there be any Journal, and I do not know that there is in ComWhole.
The SPEAKER. There is no Journal in ComWhole on the state of the Union. The chairman of that committee re. ported the bill with various amendments.
Mr. STEVENS. Can that include anamend.ment which was not adopted at all by the committee? I am ready to assert that the last amendment pending was not adopted, and therefore it could not be reported.
Mr. BLAINE. Then I would ask if it was not equally incompetent for the chairman to report the bill if that amendment wasstill pending?
The SPEAKER. The chairman of the committee decided that the amendmentwas agreed to, and it is not within the province of
The SPEAKer to rule in regard to what occurred in ComWhole. All thattakes place in ComWhole is subject to revision in the House, and that is the reason why no Journal is kept in ComWhole.
Mr. STEVENS. I am very, unwilling to have the record left in the condition in which it now is, for it is wholly untrue in therespect I have indicated.
Mr. FARNSWORTH. I have quite a distinct recollection how this matter occurred. Before the ComWhole rose last evening the Gentfrom Pennsylvania [Mr. Stevex's] called for a division upon an amendment which was then pending, and h; insisted upon the division. I myself, with other gentlemen here, appealed to the gentle. man to withdraw his call for a division, le! the amendment be regarded as adopted, and then the bill could be reported to the House: But the gentleman did not withdraw his call for a division, but persisted in it, and therefore after the committee rose and the chair man of the ComWhole hadmade his report,
The SPEAKer will recollect that I made the point of order that the report wo not strictly correct, as there was an amend.ment offered to the bill in ComWhole which had not been acted on. But to Speaker decided that he had no right to go behind the report of the chairman of the ComWhole.
The SPEAKER. The Chair understands that there was no division upon the motion." report the bill with amendments from the ComWhole. The Chair supposestho the chairman of the ComWhole did not understand the Gentfrom Pennsylvania as persisting in his demand for a division.
Mr. STEVENS. I over and over declared that I would not withdraw the for a division.
The SPEAKer to rule upon the subjeo gentleman can move to recommit the bill, amendments, to the ComWhole,
Mr. STEVENS. I desired to make the statements I have made in order that, who may say hereafter upon the subject will not be understood. I do not know but what it take longer to go into Committee of to. than to dispose of it in the House. o: perhaps we had better go on with the bi the House. ke
The SPEAKER. The gentleman ean. a motion to recommit the bill, with ements, to the ComWhole." 0f, gentleman can ask for a separate voteP the amendment in the House. to
Mr. STEVENS. Very well; I will recommit the bill and pending amendment the ComWhole for the o: of correcting an amendment that was ". nt page 8 of the bill, in relation to o expenses of the HoRep therefore move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. so the House resolved itself into the ComWhole on the state of the Union, (Mr. Cobb in the chair,) and resumed the consideration of House bill No. 896, making approriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867.
Mr. STEVENS. I now ask that unanimous consent be given to restore the clause in relation to laborers for the HoRep to what it was when originally reported, so that it will read as follows: For laborers, $12, 693. No objection was made, and the clause was restored to its original form.
Mr. STEVENS. I now move to amend the clause so that it will read: For laborers, $12, 893. chaFrogreadditional compensation to Louis Saunders, in of House water closets, $100;and for deficiency due him for the current fiscal year, $100.
Mr. FINCK. I rise to a point of order. I ask whether it is in order for the Gentfrom Pennsylvania to move to strike out an amendment inserted by the ComWhole without 1st reconsidering the vote by which it was adopted?
The CHAIRMAN, (Mr. Cobb in the chair.) The motion to restore the clause to its original form was made by the Gentfrom Pennsylvania [Mr. STEvens] and agreed to by unanimous consent; that left the clause open to amendment as before. The Chair is further advised that in ComWhole the motion to reconsider is not in order.
Mr. FINCR. I understand the amendment was made in ComWhole.
The CHAIRMAN. That amendment was stricken out by unanimous consent.
Mr. fo I did not understand the question.
The CHAIRMAN. The Chair rules the amendment to be in order. The amendment was then agreed to.
Mr. STEVENS. I now renew an amendment which I withdrew last evening, adding a a new section. I have altered it so as to make it apply to the Court of Claims alone, and I understand there will now be no objection to it. I move to add the following new section: Abife: That the proviso contained in the 3rd section of chapter 2ten of the act of July 2, 1864, shall be construed to embrace all suits to which the U.S shall be a party in the Court of Claims, either as plaintiff or defendant.
Mr. WASHBURNE, of Illinois. Before I agree to that I want some explanation of it. I want to know what that act is.
Mr. STEVENS. That act, which was passed in 1864, provides that in the courts of the U.S. there shall be no exclusion of any witness on account of color, and that in civil actions parties in interest may testify. It was supposed, and I suppose now, that that provision was broad enough to include all cases in which the U.S. s, was a party in any court; but inasmuch as the Court of Claims is notmentioned, that court has decided that this provision does not apply to suits P.; in that court; that the old law with regard to exclusion still exists. The object of this amendment is to put suits in the Court of Claims on precisely the same footing as suits in the U.S. district courts.
Mr. WASHBURNE, of Illinois. The proposition now offered has no business in an appropriation bill.
Mr. STEVENS. The original provision was contained in an appropriation
Mr. WASHBURNE, of Illinois. Well, it had no business there. I object to this amendment. I do not wish to give the Court of Claims any further jurisdiction. I object to the passage of any law under which parties may go into that court and swear their claims through. I raise the point of order that this amendment proposes independent legislation on an appropriation bill, and it is flagrantly out of order under the rule.
The CHAIRMAN. The Chair decides that under the usage of this House the amendment is in order. Although as an original question the Chair would be inclined to regard this amendment as inadmissible, yet long usage has settled the practice in favor of the reception of such propositions.
Mr. STEVENS. The appropriation bill of 1864 contained the provision to which I have referred. This is merely a declaration as to the meaning of that law nothing else.
Mr. WASHBURNE, of Illinois. It is an alteration of existing law; and it is general legislation in an appropriation bill. To my mind it is clearly out of order.
Mr. STEVENS. The appropriation bill of 1864 contained a provision “That in the courtsof the U.S. there shall be no exclusion of any witness on account of color, nor in civil actions because he is a party to or interested in the issuetried.” This amendment is a mere construction of that law, declaring that it applies to the Court of Claims as one of the courts of the U.S.
Mr. WASHBURNE, of Illinois. I have objected to the admission of this amendment. The committee cannot go back except by unanimous consent.
The CHAIRMAN. The Chair understands that this amendment is offered to come in at the end of the bill. N Mr. STEVENS. Certainly.
Mr. JENCKES. if I understand the Gentfrom Pennsylvania, this amendment is restricted in its operation to cases in the Court of Claims.
Mr. HALE. Do I understand the Gentfrom Pennsylvania to say that since the passage of the civil rights bill the Court of Claims has decided that negro testimony cannot be received in that court?
Mr. STEVENS. They have decided within a few days that the provision which I have quoted does not apply to that court.
Skip Skip On the amendment of Mr. STENENs there were ayes 52, noes 25; no quorum voting. The CHAIRMAN, under the rule, ordered tellers; and appointed Mr. STEVENs and Mr. WAshburne, of Illinois. The committee divided; and the tellers reported ayes 73, noes 25. So the amendment was agreed to.
Mr. WENTWORTH. I desire to ask the unanimous consent of the committee to a mod ification of an amendment adopted yesterday. The amendment offered by the Gentfrom Illinois [Mr. HARDING] with regard to employing in the police force of this city those who have served as soldiers of the U.S. does not embrace those who have been in the naval service. There are now in the police force some who have served as sailors. I ask unanimous consent that the amendment be modified by inserting “seamen and marines.”
The CHAIRMAN. If there is no objection the amendment will be so modified. There was no objection.
Mr. RAYMOND. Allow me to ask a question. I desire to know whether the following paragraph has been acted on: oFor facilitating communication between the At and Pacific States by electrical telegraph,
Mr. STEVENS. It has been acted on; but there is to be a vote in the House, and the gentleman may call for the yeas&nays if he chooses.
Mr. BIDWELL. I ask unanimous consent that we may go back and consider the following paragraph which was stricken out: For continuing the collection of reliable statistical information concerning the gold and silver mines of the western States and Territories, which shall include the labor and capital employed, the product and the modesof working the same, which information shall be reported to Congress, $10,000.
Mr. STEVENS. Ree rise. move that the commit. The motion was agreed to. So the committee rose; and The SPEAKer having resumed the chair, Mr. Comb reported that the ComWhole on the state of the Union, having had under consideration the state of the Union generally, and particularly House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867, had directed him to report the same back to the House with sundry amendments.
Mr. STEVENS. Before demanding the previous question I beg leave to renew an amendment rejected in ComWhole. I understand some gentlemen who objected then are now in favor of the proposition. I again move the following amendment: to strike out these words For salary of the reporter of the decisions of the SCOTUS, $2, 500. And to insert in lieu thereof the following: For salary of the reporter of the SCOTUS, $2, 500, if one volume only of the reports is published as heretofore; and in case the Supreme Court should direct him to publish 2 volumes, then the sum of $2, 500for each volume so published.
Mr. WASHBURNE, of Illinois. That amendment has already been rejected.
Mr. THAYER. The Gentfrom Pennsylvania asks unanimous consent to submit the amendment in the House; and if the Gentfrom Illinois will permit me I will make a short explanation. If he will hear me I am sure he will not insist on his objection. If it had been understood by the committee yesterday it would not have been voted down. It has always been customary.
Mr. WASHBURNE, of Illinois. I insist on my objection. I do not object to the Gentfrom Pennsylvania making an explanation until the House adjourns, but I insist on reserving all of my objections.
The SPEAKER. The amendment is not before the House.
Mr. THAYER. Allow the House at least to vote upon it with some explanation on the subject. "I am sure the gentleman would not do this gentleman an injustice.
Mr. BIDWELL. I desire to know whether it is in order to ask for a separate vote on the amendment.
Mr. BIDWELL. Then I ask for a separate vote on the amendment in reference to mining statistics.
Mr. THAYER. I rise to a point of order. Is it not competent for the chairman of the ComAppropriat to move an amendment?
The SPEAKER. Any amendment appropriating money must have its 1st consideration in the ComWhole on the state of the Union. This appropriates $2, 500 under certain contingencies which have not been fully considered in the ComWhole.
Mr. THAYER. 2,500 dollars have been appropriated; and the proposition is to double the appropriation in consideration of the reporter being obliged to issue an additional volume, 300 copies of which he has to give to the interior Dept at his own expense. Now, is it not competent for the chairman of the ComAppropriat to move to amend the bill at this stage by striking out “ 2,500 dollars” and inserting “ 5,000 dollars? ”
The SPEAKER. It is not; that would be a very good argument in ComWhole.
Mr. THAYER. I am not making an argument, but a point of order. I inquire whether it is not competent for the chairman of the ComAppropriat, after the bill is reported to the House, to move an amendment to his own bill increasing the appropriation?
The SPEAKER. It is no more in order for the chairman of the ComAppropriat than for any other member of the House to move the amendment.
Mr. STEVENS. Better let it go to the Senate.
Mr. STEVENS. Before I call the previous question I have a single word to say in regard to what is reported as the last amendment. beg it may be. read. Clerk read the amendment as follows: Abife:, That to enable the Clerk of the HoRep to pay the increased compensation voted by the House during the 39th Congress to its employees, clerks, and others, and toJo increased rate of authorized, compensationthereby a sum sufficient therefor is hereby appropriated out of.money in the Treasury not otherwise appropriated.
Mr. STEVENS. Now I deny that that was ever reported by the ComWhole; therefore I think it ought not to be adopted. I have no objection to paying these clerks any reasonable amount that anybody will bring in a bill for, but it is proper for me to say that there is a great inequality in the compensation of the different classes of clerks. Some of them receive 50, some 60, and some 80%, more than another large class of them. Now I am willing, if a bill is brought in equalizing the compensation of these clerks, to make an appropriation putting them on the same footing; but while this difference in their relative compensation exists this amendment is unjust and ought not to be made. I again say that if a bill is presented giving any reason able amount of compensation, but equalizing Iit, shall not object to it.
Mr. BLAINE. I presume the chairman of, the committee will not dispute the fact that this enables us to carry out what at the last session we promised to do, and that my friendfrom Pennsylvania himself supported it.
Mr. STEVENS. There were various resolutions offered relative to the clerks those who have been most vigilant; but there are a considerable number of clerks who were quite as much entitled to it who did not get the advantage of the resolutions. But the Senate refused to make the appropriation, and we adopted in lieu of it, for the clerks in both branches, 20%. increase. I thought that had ended the matter. I am willing to equalize the whole, but I cannot vote for this amendment in its present shape.
Mr. BLAINE. This went in by general consent upon an amendment offered by the Gentfrom Illinois limiting it to the 39th Congress; but by some construction of the Auditor these clerks failed to get what the House pledged itself they should have; and now this appropriation is merely a question of good faith on the part of the House agreeing to do what it promised.
Mr. STEVENS. After that we passed in both branches a provision giving them 20%. additional. BLAINE. This has nothing to do with at.
Mr. FARNSWORTH. An item on page 82 was stricken out in ComWhole, namely: “For additional and temporary clerks in the postoffice Dept, $40,000.” I have a letter from the PostMGenl which I will ask the Clerk to read.
The Clerk read as follows: postoffice DEPT, January 11, 1867. SIR: The clerical force of this Dept wasin creased by act of Congress February 16, 1866. On July 23 following, an appropriation was made for compensation of authorized additional and for mporary clerks, $37,000for the current fiscal year. $1h2o, mo0o0u. nt estimated, for temporary clerks was It was thought that the additional clerks authorized by the act of February 16, with the tem Porary olerks provided for July 23, would be sufficient. Thmisainelxypo ewctiantion, however, has been disap. to the unexpected amount of labor growing out of the restoration of mail service in the late insurgent States. When this work shali e accomplished, the number of clerks, regular and temporary, now provided for by law may probably be sufficient. It is manifest, however, that for another year from 1st of July next the number oftemporary w calpeprkrospmriautsitonbe increased, and for this purpose an of $40,000has been asked. It should also be notedthat the money order business is increasing more rapidly than was anticipated a year ago, which renders the more necessarythe desired appropriation for the next fiscal year, the . clerks named in the appropriation of July 23, 1866, are females not included under act of February 16, 1836. Yours, very respectfully, Koper W. RANDALL, PostMGenl. Hon. John F. FARNsworth, HoRep, Washington, D. C.
Mr. WARD, of NewYork. I desire to ask the gentleman whether the increased labor alluded to by the PostMGenl in his letter is the increased labor which was caused by removing Union men and soldiers from postoffices and substituting in their place cop p.erheads and rebels?
Mr. FARNSWORTH. The letter explains itself. The PostMGenl says that this increased labor was caused by the opening of new mail routes in the southern States. I had a conversation this morning with Mr. McLellan, the 2nd Asst PostMGenl, who made this estimate himself, and also with Mr. Zevely, and from conversation with those gentlemen I am satisfied that an appropriation of this sum or of some other sum will be necessary for the next fiscal year. A large number of temporary clerks are already employed in the Dept. am very glad that such action has been had in ComWhole on the state of the Union as has brought this explanation before the House. Before this we had no explanation of this appropriation. Now, I am satisfied of its propriety, and I ask the House to non-concur with the ComWhole in their action upon it.
Skip Skip The question was put; and the amendment of the ComWhole on the state of the Union was not concurred in.
Mr. STEVENS. I desire to say a word or 2 in regard to the appropriation for 5 watchmen on reservation No. 2. That reservation includes the Smithsonian Institution, and their appointments are all authorized by law. I ask a separate vote on that amendment.
Mr. RAYMOND. On page 44 of the bill there was a clause appropriating $40,000 “for facilitating communication between the Atlantic and Pacific States by electrical telegraph.” That clause was stricken out by the ComWhole on the state of the Union last evening, for what reason I do not know. I desire to ask a vote upon that amendment in the House mainly for the purpose of asking from some person who may F. it the reason for striking out this appropriation. As I understand the matter, the appropriation was made in fulfillment of a contract provided for expressly by law. That contract was made in 1860 with the Western Union Tele graph Company, and gives $40,000 annually to that company, provided the amount of service rendered to the Government by the company reaches that sum. Now, I do not know that any breach of contract on the part of the company is alleged further than is contained in some complaints that private messages have, in one or 2 in stances, been overcharged. That, I understand from the company, was the workofit em. ployes, without the sanction or approval of the company, and was at once corrected by the company as soon as it came to their knowledge. I have heard from no quarter allegations of any other breach of contract. I desire to say further that I understand from responsible officers of the company that there is now due the company from the Government a larger sum for services rendered to the government than is provided for by this appropriation. The amount of this appropiation is actually due for services already rendered. It is not a deficiency, but an annual appropriation.
Mr. STEVENS. I wish to say that this optiation is for the future and not for the past.
Mr. RAYMOND. Certainly; but whathas been done in the past has not been paid for, and is absolutely due. Now, sir, if it will obviate objection in the mind of any gentleman, I will move a proviso to this clause That the sum of $40,000hereby appropriatedshall not exceed the amount that may be due the company for services rendered the Government duringany year for which it shall be paid according to the rates fixed by law. The proviso is not necessary, but it is simply offered to obviate the objections urged by some gentlemen. The rates fixed by law will be found in the law of 1862. The rate is 3 dollars for any dispatch. I think the company has fulfilled its contract with the Government, and I have yet to learn why the Government should not fulfill its part of the contract.
Mr. STEVENS. cannot consent to have the amendment offered.
Mr. RAYMOND. I suppose a motion to restore the section would be in order.
The SPEAKER. The same object can be accomplished by voting down the amendment of the ComWhole.
Mr. WOODBRIDGE. I desire to say a few words upon the Prof. in relation to the pay of our clerks. The pay of our clerks was our votes at the last session of took some interest in the subject have it what consideration and investigation I could in the short time ! had to spare; and if my memory serves mIe prepared the clause which was adopted. The bill originally provided that this increaseshould be made permanently; but at the suggestion of the Gentfrom Illinois [Mr. Wast BURNE] the increase was provided for only the 39th Congress. I afterward learned that the bill did not work equally in all respects; that some clerks, particularly in the lowerpart of the building, complained that it did noto, ply to them. fwas very sorry, indeed, thatidid not apply to them, for I designed to make it. general as my information on the subjectwould permit. It was conceded on all handsthat the provision made for the clerks, which was included in the bill, was not too large; thatthey ought to receive the increased compose. which it provided. And I think it wouldbeyo unwise and very unjust for us now to refis.” make the appropriation to carry out the or which Congress intelligently made at the lo session. If injustice has been done any 9. I am willing to vote to equalize this incre. pay, if equalization does not exist when o question comes up in a proper shape. ” think it would be very improper to strike." here an appropriation to meet the exigo" provided for at the last session of Congreo, did
Mr. STEVENS. I have only to say that these different appropriations were all made last year before the 20%. clause was inserted in the appropriation bill. I send up and ask to have read a statement prepared by the Clerk of this House upon this subject.
The Clerk read as follows: “All have already received 20%. advance upon their previous salary, and this is permanent, voted in “If the act of July 28, 1866. the resolutions are nowexecuted, thoseincluded in them will receive, some 25, some 30, some 40, and some 60%. additional on the pay as existing before any legislation was had. Those excluded will receive no general increase beyond the increase voted alike to all. The increase voted in the resolutions was irregular in amount, because the languageof the resolutions differed, some referring back to the beginning of Congress, some to the beginning of the last session, &c., as the date at which the increaseshould begin. “I suppose 30 or 40,000 dollars would be required to pay the resolutions. “A letter from the clerk of the House, transmitting the resolutions and the correspondencewith the 1st Comptroller of the Treasury in regard to them, wason opresented to the House, and has not yet been printed.’
Skip Skip Mr. STEVENS called for the previous question. The previous question was 2nded and the main question ordered.
Mr. STEVENS. I yield for a moment to the Gentfrom Illinois, [Mr. WASHBURNE]
Mr. WASHBURNE, of Illinois. I desire to say a word in reply to the Gentfrom NewYork, [Mr. RAYMoND] I moved, to strike out this appropriation in regard to telegraphs, and if I may be permitted by my friendfrom massachusetts, [Mr. DAwes,) who undertook to administer a sort of rebuke to me yesterday because I objected to paying $40,000 to a tel egraph company that has violated its contracts, I will state the reason why I submitted my motion and why I presume the House sustained it. It is well known to you, sir, and to the old members generally, that the contract with this telegraph company is one of the most extrava. gant and profligate contracts ever entered into by the Government. The company has made so much money out of this contract that it should be held to a strict performance of every obligation. The Senate F. investigated this matter fully, and has found that the company has violated its contract. For this reason the Senate has in 2 instances, I believe, struck out the appropriation for this company. think this is a good reason to induce us to strike out this proposition. The Senate, after full investigation, has rejected this appropriation, and we have concurred in their rejection. Why should we now send again to the Senate a proposition to }. riate money to this company?
Mr. BLAIN }. In what respect has the company violated its contract?
Mr. WASHBURNE, of Illinois. It has overcharged and has delayed messages.
Mr. RAYMOND. With the consent of the Gentfrom Pennsylvania, [Mr. STEvens, ] I desire to add a word or 2 on this subject. As Iunderstand, the only reason assigned for the Government declining to fulfill its part of this contract is that the Senate has once or twice refused to make the appropriations to carry out the contract. I acknowledge that this would be a good reason, provided that the reasons which influenced the action of the senate were such as to satisfy the judgment of this House. But the mere fact that the Senate has taken such action is no reason why we should blindly follow in its footsteps. I should be glad if the Gentfrom Illinois would state the grounds on which the Senate acted. If he can show any instances in which the company has palpably and intentionally violated its contrac I will yield my convictions on this subject as readily as anyone. I would like to ask the gentleman whether there is any other alle gation than this: that in one or 2 instances and I think the names could be specified in all the instances which may be brought in question the company's employees have made an overcharge for private messages from Denver east. I ask him further, whether in each of those cases the error was not corrected as soon as it was brought to the knowledge of the company? If this contract is profligate, let Congress provide for its abrogation. I. am perfectly willing, if the gentleman will allow me, to offer a proviso, that this sum shall be appropriated in fulfillment of the contract, upon the condition that the company will consent to the abrogation of the existing contract upon the application of the SecyTreasury or any other officer who may represent the Government in the matter. I submit that the gentleman should give us some better reason for violating a Government contract than the mere fact that the Senate refuses to consent to the appropriations required to carry out the contract.
Mr. STEVENS. I ask a separate vote on the amendment with reference to the additional pay of House clerks and employees.
Mr. GRINNELL. An amendment was adopted in ComWhole, on m motion, striking out the provision for a “cler of pardons.” Learning from authentic sources that there is a necessity for this clerk, on account of the applications for pardons from persons imprisoned, &c., I am willing, upon deliberation, to consent that the provision for this clerk shall be retained.
The SPEAKER. If there is no objection, the amendment will be reconsidered, and the clause restored to its original form. There was no objection.
Mr. HALE. I ask a separate vote upon the amendment providing for a termination of the contract for furnishing volumes of the Globe to members of future congresses. The various amendments reported from the ComWhole, except those on which a separate vote was demanded, were agreed to.
The Clerk read the following amendment of the ComWhole, on which Mr. HALE asked a separate vote: Page 4, lineoadd the following: Provided further, That no appropriations shall be made for supplying complete sets of Globe and Appendix to members of any succeeding Congress.
Skip Skip The House divided; and there were ayes 24, noes 62. Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were not ordered. Mr. FARNSWORTH demanded tellers. Tellers were ordered; and Mr. HALE and Mr. FARNsworth were appointed. The House again .; and the tellers reported ayes 51, noes 57. So the amendment was non-concurred in. The question next recurred on concurring in the following amendment, on which a separate vote was asked by Mr. HALE: Page 8, line 163, insert the following proviso: Provided, That notice is hereby that at the close of the 40th Congress of the U.S. will terminate the purchase of one complete set of Globe and Appendix for each senator, Representative, and Delegate, provided for by the act approved July 4, 1864.
Skip Skip Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative–yeas 85, nays 55, not voting 51; So the amendment was concurred in. The question then recurred on the following amendment, on which a separate vote was asked by Mr. RAYMoND: Strike out these words: For facilitating communication between the Atlantic and Pacific States by electrical telegraph,
Mr. RAYMOND. I ask unanimous consent to add the following proviso: Provided, The company will consent to the abrogation of the existing contract upon the application of the SecyTreasury.
Mr. WASHBURNE, of Illinois. they are not entitled to anything.
Skip Skip The House divided; and there were ayes 63, noes 34. So the amendment was concurred in. The question next recurred on the following amendment, on which a separate vote was asked by Mr. Bidwell. Strike out the following: For continuing the collection of reliable statistical information concerning the gold and silver mines of the western States and Territories, which shall include the labor and capital employed, the product and the modesof working the same, which information shall be reported to Congress, $10,000.
Mr. BIDWELL. I happened to be absent yesterday, and ask unanimous consent to make a few words of explanation.
Skip Skip The House divided; and there were ayes 64, noes 34. Mr. BidweLL demanded tellers. Tellers were not ordered. So the amendment was concurred in. The question next recurred on the amendment, on which a separate vote was aske by Mr. STEveNs: Strike out the following: For compensation of 5 watchmen in reservation No. 2, $4, 500, The amendment was non-concurred in. The question then recurred on the followin amendment, on which a separate vote was asked by Mr. STEVENs: Abife:, That to enable the Clerk of the HoRep to pay the increased I object; compensation voted by the House during the 39th Congress to its employees, clerks and others, and to pay the increased rate of compensation thereby authorized, a sumsufficient therefor is hereby appriated out of any money in the Treasury not otherwise appropriated.
Skip Skip The question was taken on concurring in the amendment made in ComWhole; and it was concurred in ayes 83: noes not counted. The question recurred on ordering the bill; as amended, to be engrossed and read a 3rd time. Mr. BIDWELL. Is it in order to move an amendment? The SPEAKER. It is not, the previous question having been moved. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. STEVENS. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. STEVENS mtRtv the bill was passed; upon the table. agreed to. ORDER OF BUSINESS.
The SPEAKER. The next business in order is House bill No. 543, in regard to reconstruction.
Mr. STEVENS. There are a great many gentlemen around me who want a morning our. I will agree, therefore, to have this bill postponed till the expiration of the morning our. No objection was made.
The SPEAKER. The morning hour has now commenced, and the 1st business in order is Senate bill No. 380, to incorporate the Washington County Horse Railroad Company in the DistCol, being the unfinished business at the expiration of the morning hour yesterday, on which the Gentfrom Tennessee [Mr. MAYNARD) is entitled to the floor.
Mr. MAYNARD. I yield to allow several gentlemen to offer resolutions by unanimous Consent. REPORTING CONGRESSIONAL PROCEEDINGS.
Mr. HILL, by unanimous consent, submitted the following resolution; which was referred to the ComPrintg under the law: Resolved. That the ComPrintg be instructed to inquire into the expediency of by law for the reporting of the debates and progeedings of Congress by reporters chosen by each House thereof and for the publication of proceedings such debates and at eave the Government Printing Office, with to report by bill or otherwise. REPORT of FREEDMEN’s BUREAU.
Mr. ELIOT, by unanimous consent, offered the following resolution; which was referred to the ComPrintg under the law: Resolved, That 2,000, extra copies of the report of the Commissioner of the Bureau of Freedmen and Refugees be printed; 1,000 for the use of the Commissioner and 1,000 for the use of members of the House. TExAS DEBT.
Mr. WASHBURN, of Indiana, by unanimous consent, submitted the following resolution; which, a call for executive information, was considered by unanimous consent, and agreed to: Resolved, That the SecyTreasury be instructed to report to the House what amount of debt due by the U.S. the to the State of Texas previous to the rebellion yet remains unpaid, and whether the State of Texas has accounted for the money and stores taken by said State from the confederate authorities upon the breaking up of the tolreesr.acy, and the amount of said money and INVESTIGATION AT WESTPOINT.
Mr. ANCONA. I ask unanimous consent to submit the following resolution:, Resolved, That the ComMilAffrs be directed to inquire into alleged abuses in the qual:ity and charges for board and other articles furnished at WestPoint; that they have power to send for per of" WestPoint to Q.investigation, if . in expedient. g eir judgment
Mr. SCHENCK. I will ask my colleague on the committee to accept an amendment to his resolution. I understand the resolution is offered upon representations which have been made to my colleague on the committee, and through him to the committee. But if there should be an investigation instituted it seems to me it ought to be more general and not be confined to that particular matter. I ask the gentleman therefore to accept the following as an addition to his resolution: In which case the committee shall extend its investigation as far as may seem to be required into other matters connectedwith the administration and of the institution.
Skip Skip The resolution is already before the House by unanimous consent. The resolution as modified was agreed to. Mr. SCHENer mtRtv the resolution was agreed to; on the table. agreed to. RING AND WOOD.
Mr. HITCHCOCK, by unanimous consent, introduced a JtResolution for the relief of King & Wood, of the Territory of Nebraska; which was read a 1st and 2nd time, and referred to the ComIndAffrs. MINERAL RESOURCES OF THE U.S.
Mr. HIGBY, by unanimous consent, submit;ted the following resolution; which was referred to the ComPrintg under the law: Resolved, That the ComPrintg be instructed to inquire into the expediencyof having the report of J. Ross Browne to Treasury upon the mineral resthoeurcSeescoref ttahrey'U9nf ittehde States printed in the French, and Gerinan languages for distribution at the Paris Exposition. TARIFF ON SILK GOODS.
Skip Skip The amendment was agreed to. The 2nd and 3rd amendments, which were merely verbal, also were agreed to. The 4th amendment was to add to the bill the following as an additional section: Abife:, That the levy court of county the of Washington are hereby prohibited from doing any act or thing to hinder, delay, or obstruct the construction, or operation of said railroad as herein authorized.
Mr. SCHENCK. I move to amend this bill by adding to the section providing for the conveyance of passengers the proviso: That it shall not be company, through any lawful for the said railroad of its conductors or agents, to collect fares for the transportation of passengers to whom a seatin such conveyance is not furnished.
Mr. GRINNELL. I ask the gentlemen to allow me to move to add the words, “without the consent of the passengers.”
Mr. GRINNELL. I desire to say, in repl to the Gentfrom Ohio, [Mr. . } that I. his amendment is ol and will be very embarrassing to this new company. This railroad is to be established for the purpose of bringing the suburban population of this city into a nearer and closer communication with the heart of the city. If he will accept the amendment I have offered to his proposition, so that the fare shall not be collected from persons not having seats except by the consent of the person riding, I will not make any objection to the proposition. The fault the gentleman complains of is the fault of those who hang on the cars, who demand admission under the circumstances, and not the fault of the company. My friend himself would consider it a great hardship if during a rain storm, when his carriage was not at hand, he was not allowed to get into a car out of the rain, because the seats were all taken before he applied for admission. Let my amendment be adopted and then if he gets into the car he can exercise his own option in regard to paying the fare.
Mr. SCHENCK. I will say simply this to the Gentfrom Iowa, [Mr. GRINNELL:] there will be no necessity for his amendment if we give to a man the legal right not to have fare collected of him unless he is provided with a seat, for he can waive that right if he thinks proper. if I go to a tavern and ask for lodgings, and I am content to be put into the cellar or a coal hole or upon the floor, and waive my privilege of going where I can get a bed, I can o so. The effect of the amendment of the Gentfrom Iowa [Mr. GRINNELL] is to recnact the common law, which gives every man the right, if he thinks proper, to waive his legal rights. I propose to give every person a legal right against these corporations if they do not supply him with the accommodations the law requires. Then, if he is fool enough to waive those rights, he right has the common law to do so.
Mr. GRINNELL. My answer to that is, that most people do not understand the common loaw; they only understand the common prin that if they ride they must pay. he question was upon the amendment of Mr. GRINNELL to the amendment of Mr. SchENck.
Mr. INGERSOLL. I call the previous question on the bill and pending amendments.
Skip Skip The previous question was 2nded and the main question ordered. The 1st question was upon the amendment of Mr. GRINNELL to the amendment of Mr. SCHENCK.
Mr. INGERSOLL. Mr. Speaker, I am opposed to the amendment offered by the Gentfrom Ohio, [Mr. SchENCK] and also to the amendment to the amendment, offered by the Gentfrom Iowa, [Mr. GRINNELL] though if the idea of the Gentfrom Ohio meets the favor of the House it would be better that the amendment of the Gentfrom Iowa should prevail. The amendment of the Gentfrom Ohio proposes to declare it unlawful for the agents of this corporation to collect fare from any person to whom a seat is not furnished. No option is to be left to the person riding or to the conductor as to the payment or collection of the fare. I submit to the House that such a provision is unjust to the company we now propose to incorporate. This company proposes to construct a railroad running out into the country for the benefit of the poor people who live in the suburbs of the city and for the convenience of the deptal clerks. Now, sir, if it were probable that the travel on this railroad would be regular, that there would be ten, 15 or 20 passengers for each car on each trip, the gentleman's amendment would be proper enough, and I would have no objection to it. But it is well known that there are times when the cars, even on Pennsylvania avenue, run empty or almost, so, while at other times every car is crowded. The travel fluctuates. So it inust be with this railroad, the construction of which we now propose to authorize. At the hour when the clerks leave the Depts, there would be 100s wishing to ride, while at other times the passengers would be but few. Can this congress with any justice require this company to f.six, 8, or ten cars in waiting at certain hours to accommodate a momentary rush of passengers? This would impose upon the company a hardship which would result, in the abandonment of the project. The Washington and Georgetown Railroad Company and the Metropolitan Railroad Company, already in corporated, are not subjected to any such requirement.
Mr. HILL. Will the Gentfrom Illinois yield to me for a moment?
Mr. INGERSOLL. I will hear any suggestion of the gentleman.
Mr. HILL. I desire to read the requirement which is imposed upon the Washington and Georgetown Railroad Company by its charter: "The said companyshall place 1st class cars on said railways, with all the modernimprovements for the convenienceand comfort of passengers, and shall run cars thereon during the day asoften as every 5 minutes, except as to 7th and 14th streets and on theseonce in 15 minutes each way, an until 12 o'clock at night as often as every half hour; and throughout day and might as much oftener as public convenience may require.”
Mr. INGERSOLL. All that there is in that section is incorporated in this bill. Now, sir, let me state for the information of the House that this company proposes to commence its road at the terminus of the 14th street railroad, extending it about a mile and a half into the country, then crossing over to the 7th street turnpike, and coming down 7th street to the terminus of the 7th street railroad. The whole extent of the route is about 4 miles. It will run through a suburban portion of the District which at present is sparsely populated, but which is being settled by clerks and mechanics and laborers, the very men for whom above all others we should provide accommodations of the sort here proposed.
Mr. COBB. Will the Gentfrom Illinois [Mr. INGERsoll] yield to me for a question?
Mr. COBB. The gentleman has stated the route of this railroad. I wish to ask him in this connection whether the route which he describes does or does not run around what is known as the “Corcoran farm, ” and whether he knows or has heard that this proposition for chartering a railroad is part and parcel of a job for the sale of that “Corcoran farm” to the Government for a presidential mansion and park, and the Lord knows what all?
Mr. INGERSOLL. No, sir; I have heard nothing of the kind; and even if it were true it would not affect this question, which is one involving the interests, not merely of those who are to be the corporators of this road, but of those who now reside and shall hereafter take up their residence in that section of country through which the road is to pass.
Mr. INGERSOLL. I will not detain the House in reference to this matter any longer, except to add that a reservation is made in this bill by which Congress retains control over this road, so that if these powers be abused or the public be put to inconvenience in regard to the running of the cars or anything else, we can at any time alter, amend, or abolish the charter.
Mr.MAYNARD. I was called away tem porarily from my desk when the consideration of this bill was resumed this morning. When I reported it I intended to yield to any gentleman who thought proper to make the motion, which I was not authorized to make myself, that each Senator, Representative, and Dele. gate during his official term should be permitted to ride free on the cars of this company as a matter of right. I. will not give my views in this connection; but it would relieve the members of this House from some insinuations and imputations and suggestions which are thrown Qut. ond which are not very pleasant to hear. I will not move the amendment myself, but will yield to any gentleman who may think proper to do so. It was intimated by a question which has been propounded that this is a private enter rise, a matter of private speculation. unoubtedly it is so. Those who invest in railroads do not do so without expecting to make something. That is undoubtedly so. This will afford access to country I do not know how many miles from the Capitol, and will enlarge the area, where those who are engaged here in the Government service may seek homes for themselves. It will be of great benefit to the public; and, as has been well said, the bill contains a reservation by which Congress may alter and amend or abolish this charter if it be abused.
Mr. GRINNELL's amendment to the amendment was disagreed to.
Mr. Schexck's amendment was also defeated. The bill was ordered to be read a 3rd time: and it was accordingly read the 3rd time, and passed. 1ST CONGREGATIONAL SOCIETY.
Mr. INGERSOLI. If it is in order I sug. gest that my friendfrom Ohio [Mr. SchExck] should add a proviso to this bill that no more persons should be admitted into this church than they have eligible seats for. [Laughter]
Mr. SCHENCK. I would then perhaps deprive the Gentfrom Illinois of the means of grace, and I know none who so much needs it. [Renewed laughter]
Mr. INGERSOLL. Of late I have asso ciated much with the Gentfrom Ohio, and consequently I shall not insist that he shall offer the proviso.
Mr. Ao. Has it been customary in acts of incorporation of religious societies in Washington to insert a clause of exemption from taxation? If it has I then do not object; but if not, inasmuch as equality is the essence of justice in taxation, I move to strike it out.
Mr. INGERSOLL. That question came up in the committee, and we were reliably in formed that no church in Washington paid taxes of any kind on church property.
Mr. THAYER. Assuming that statement to be correct I shall make no objection.
Skip Skip The substitute was agreed to. The bill, as amended, was ordered to a 3rd reading; and it was accordingly read the 3rd time, and passed. Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to. JUSTICES OF THE PEACE IN THE DISTRICT.
Mr. WELKER, from the ComDistCol, reported back Housebill No. 571, to regulate proceedings beforejustices of the peace, and for other purposes, with a substitute therefor. The substitute, which was read, provides that justices of the peace in the DistCol shall have jurisdiction in all cases where the amount claimed does not exceed $100, except in cases involving title to real estate, actions for assault and battery, slan. der, &c. It further provides that the supreme court shall establish rules of practice andforms of proceedings and fix and determine feesand costs to be taxed; that all justices of the peace may issue civil and criminal warrants return. able before themselves, but causes may be removed on filing a proper affidavit that the applicant believes he will not get a fair and impartial trial on account of prejudice or other reasonable cause; that no person shall be fined for disorderly conduct unless guilty of acts dis; orderly in themselves; and that in all criminal cases the justice shall allow the defendantrea: sonable time to prepare for defense or bail. It repeals all acts of the Legislature of Maryland or of Congress now in force inconsistentwith this act, which takes effect from and after its passage.
Skip Skip Mr. WELKER. I demand the previous question on the adoption of the substitute. The previous question was 2nd edand the main question ordered; and under the opera.tion thereof the substitute was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thi time and passed. Mr. W?osn. mtRtv the bill was passed; upon the table. agreed to. GRAND AND PETIT LARCENY.
Mr. WELKER, from the same committee reported back House bill No. 431, defining and for the punishment and petit larceny, with a substitute therefor. The substitute, which was read, declares stealing to the value of 35 dollars to be peolarceny, and punishes the same by imprisonment at hard labor not less than oneyear to more than 3; it declares the stealing." bank bills, promissory notes, receipts, checks, bonds, &c., of the value of 35 dollars” misdemeanor, and affixes the same punishmen; also the buying and receiving of stolengo or chattels, promissory notes, &c., of the lo value knowing the same to be stolen.,!! affixes penalties for embezzlement and fo." fraudulent taking of goods by commontare It provides that all persons sentenced, "." prisonment in jail may be employed under oulations prescribed by the supreme conth' s proceeds thereof being applied to pay to i. penses of their trial and conviction, and t the supreme court shall make prop.tions necessary for the health and proper”ment of the prisoners. 4 peremplon t lenges are. to the defendant; pay” of necessary witness fees and costs are" o: the same as Government witnesses of: o: paid; attorneys who may be assigned by 5 court are not to be paid more thano mt dollars; all laws of the District inco.” with the provisions of this act are repea: the act takes effect from and after its o
Mr. MAYNARD. Toppsaloo on the committee [Mr. W?LKER] to. to offer a single amendment. One ofthe question s of the bill provides that crime the “on the trial of any person charged” jo. punishment whereofmay be confinemen to district jail, the defendant shall be on tied to 4 peremptory challenges of jur" tem I desire to move that instead of for peremptory challenges be allowed. far as I have had an opportunity to observe the crim inal practice of the country that would not be an undue provision in favor of the personal liberty of parties accused of crime.
Mr. o I have no objection to yielding to allow the amendment to be offered.
Mr. MAYNARD. I do not intend to argue it.
Mr. ASHLEY, of Ohio. I hope it witl not be adopted.
Mr. WilkeR. The practice of nearly all the States does not allow so many challenges in criminal trials in these prosecutions as the amendment proposes. With the exception of Tennessee I do not know of any State that allows more than 4 challenges. I hope the amendment will not be agreed to.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of Mr. MAYNARD was disagreed to. The substitute was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. WELKER mtRtv the bill was passed; upon the table. agreed to. On motion of
Mr. WELKER, the title of the bill was amended so as to read, “A bill providing for the punishment of certain crimes therein named, and for other purposes.” TranSPORTATION AND COAL COMPANY.
Mr. WELKER also, from the ComDistCol, reported back, with an amendment, bill of the House No. 592, to incorporate the Washington Transportation and Coal Company. The Clerk proceeded to read the bill.
Mr. WASHBURNE, of Illinois, (interrupting the reading.) Will the gentleman allow me to ask him a question?
Mr. WASHBURNE, of Illinois. I hear the name of Charles Knap among the incor orators. Is this bill for the benefit of the ohnson committee which existed here during the last campaign 7
Mr. WASHBURNE, of Illinois. He was treasurer of the committee through which black mail was levied upon office holders.
Mr. WELKER. I do not know anything about that, although I see his name among the incorporators.
The SPEAKER. The morning hour has expired, and the bill goes over until tomorrow. NUMBERING OF HOUSES IN WASHINGTON.
Mr. INGERSOLL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComDistCol be instructed to inquire into the expediency of having the houses in the city of Washington numbered in accordance with the system adopted by tWhiesec.ity of Philadelphia, and report by bill or other PRINTING OF MILITIA BILL.
Mr. CLARKE, of Ohio, from the ComPrintg, reported the following resolution: Resolved, That 3,000 extra copics of the bill to provide for organizing, arming, and disciplining the militia, and for other purposes, referred to the Committee on the Militia January 3, 1867, be printed in pamphlet form for the use of said committee.
Mr. WASHBURNE, of Illinois. Is that for the members of the committee or for the members of the House? It seems to me too large a number for the members of the committee.
The SPEAKER. For the use of the committee.
Mr. WASHBURNE, of Illinois. I move to strike out the words “said committee” and insert “House, ” so as to have these bills printed for the use of the members of the House.
Mr. CLARKE, of Ohio. This resolution is reported in response to a request of the Committee on the Militia for copies of the bill.
Mr. WASHBURNE, of Illinois. It is entirely unprecedented. I never knew a resolution of this kind to pass.
Mr. ASHLEY, of Ohio. I object to the amendment of the Gentfrom Illinois, [Mr. WASHBURNE]. I do not, for one, want any copies of this bill.
Skip Skip The question was taken on Mr. WASHBURNE's amendment; and it was agreed to. The question recurred upon the adoption of the resolution as amended; and being put, there were ayes 28, noes 42; no quorum voting. Mr. CLARKE, of Ohio, demanded tellers. Tellers were ordered; and Messrs. CLARKE, of Ohio, and WASHBURNE, of Illinois, were appointed. The House divided; and the tellers reported one in the affirmative; and a further count not being demanded, the resolution was disa agreed.Mr. WASHBURNE, of Illinois, mtRtv the resolution was rejected; upon the table. agreed to. BRIDGES ACROSS The MISSISSIPPI.
Mr. HOGAN, by unanimous consent, introduced a bill to repeal the 2nd section of the act authorizing the construction of certain bridges, approved July 25, 1866; which was read a 1st and 2nd time, and referred to the ComCommerce. HARBOft OF ONTONAGON. Mr. DRIGGS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the joWar be, and he is hereby, requested to send to this House any surveys and estimates for improving the existing harbor at Ontonagon, on Lake Superior, in the State of gan, that may be Michi in his possession; and if no such estimates have been, made then that he causethe same to, be done and sent to this House as soon as practicable. PUBLIC COAL LANDS, ETC.
Mr. DRIGGS, by unanimous consent, introduced a bill to amend an act entitled “An act for the disposal of coal lands and of town property in the public domain, ” approved July 1, 1864, and to amend an act supplemental thereto, approved March 3, 1865; which was read a 1st and 2nd time, and referred to the ComPubLands. 2 1ST NEWYORK CAVALRY.
Mr. HOTCHKISS, by unanimous consent, introduced a bill for the relief of the members of the 2 1st regiment NewYork cavalry volunteers; which was read a 1st and 2nd time, and referred to the ComMilAffrs. ADMISSION OF COLORADO AND NEBRASKA.
Mr. LAWRENCE, of Ohio. I was neces. sarily detained from my seat during the 1st days of this week. I ask leave of the House merely to have printed in the Globe a statement, which I have prepared, of how I would have voted upon several propositions had I been present.
Mr. LeBLOND. I am willing that my friend shall record his vote, as the rest of us were allowed to do. But f must object to his being allowed to hand in for publication in the Globe his statement in writing of how he would have voted.
Mr. LAWRENCE, of Ohio. I would be very glad to have my vote recorded now, if I can be allowed to have it done.
The SPEAKER. That can be done only on Monday, by a suspension of the rules.
Mr. LAWRENCE, of Ohio. Cannot leave be given by unanimous consent?
The SPEAKer cannot even ask unanimous consent for a member to vote who was not present when his name was called.
Mr. LAWRENCE, of Ohio. I hope my colleague [Mr. LeBLOND] will allow my remarks to go in the Globe.
Mr. WASHIBURNE, of Illinois, called for the regular order of business.
The SPEAKER stated the 1st, business order to be the consideration of House bill o. 543, to provide for restoring to the States lately in insurrection their full political rights. The pending question was upon the substitute of Mr. STEvens, upon which Mr. BAKER was entitled to the floor.
Mr. STEVENS. Will the Gentfrom Illinois yield to me for a moment?
Mr. STEVENS. I find that the 2nd section of my substitute is objected to. My ardent friendfrom Wisconsin [Mr. PAINE] on yesterday made great objection to this 2nd section. Now, if it is going to offend any brother I am willing to modify my substitute so as to out that 2nd section. leave
The SPEAKER. The gentleman has the right to modify his substitute before any vote is taken. And if no objection is made, H. Call do so at this time, although the Gentfrom Illinois [Mr. BAKER) is entitled to the floor. No objection was made.
Mr. BAKER, I will, say, before I yield, that in my opinion the ComReconstruction can pilot us more safely and wisely than that.
Mr. STEVENS. This provision only refers to the preliminary constitution, and goes no further than that; then it exhausts itself. I will add that yesterday I received information which justifies this clause in the bill. A gentleman told me he saw last week white men who only received a slap upon the back, while black men received 17 lashes, every lash bringing the blood; and this they did to show that the law was impartially executed.
MR. STEVENS, by unanimous consent, during the remarks of Mr. BAKER, modified his substitute by striking out of it the following: Sec. 2. Abife:, ove.rnments now existing defacto, tThhoautghthilelegal State in the midst of martial law, and in many in stances the constitutions were adopted under duress and not submitted to the ratification of the people, and thereforeare not to be treated as free republics, yet they are hereby acknowledged as valid governments formunicipal ".until the same shall be duly altered, and their legislative and executive officers shall be recognized as such.
Mr. GRINNELL. Mr. Speaker, I had meditated no remarks and shall yield a portion of my time to the Gentfrom Minnesota, [Mr. DoNNELLY, and therefore I will not long occupy the attention of the House. I feel as if there was a demand upon us for action rather than for hypercriticism. I should have been much better pleased with the remarks of the able gentleman who has just taken his seat [Mr. BAKERJ if he had directed his attention to perfecting a bill rather than in technical opposition to the proposition now before the House.
Mr. Io. I thought the ComReconstruction were incomparably more competent to perfect a bill than myself, or even the Gentfrom Iowa; [Mr. GRINNELL] if he will pardon me for saying so.
Mr. GRINNELL. Allow me to say, in conclusion, that it rests upon us to decide at an early day whether we are to allow rebels to come and take their seats here unwashed, unrepentant, unpunished, unhung, [laughter:} or whether we will heed the voice of our friends, from the South for their lives; whether we will listen to the supplication of o 4 million black all true to the great principles which we ere seek to establish. For one I urge the earli. est action. I desire we should place those States in a position where a home may be possible, where education may be established, where the ballot may be secured to all those who are loyal to this Government. Yes, sir, education and the ballot, as I have read history, they will be as the urim and thummim, the pol ished stones to be placed in this great temple of national liberty now being reared" by the American Congress. Let us have no delay, noo recommitment; rather the earliest action this bill, as the requirement of the people who have saved the country; what the suffering implore, what justice demands, and what I believe God will approve. I now yield the remainder of my time to the Gentfrom Minnesota, [Mr. DoNNELLY]
Mr. STEVENS. The gentleman will allow me to say a word?
Mr. STEVENS. As this bill now stands the pending motion is to commit it to the ComReconstruction. I desire to say to the House that if the motion to commit shall be voted down, it is not my intention to call the previous question, but to afford an opportunity to any gentleman who may desire to offer amendments.
The SPEAKER. The Chair will state that if a demand for the previous question on the motion to commit should be sustained, the previous question, would not exhaust itself until the 3rd reading of the bill, except by unanimous consent.
Mr. STEVENS. I did not intend to move the previous question on that motion, but to say that after the vote is taken on the motion to commit, if that motion shall be voted down, I intend to leave the bill open for gentlemen to offer amendments to it. I should like to say a few words myself before the vote is taken on the motion to commit.
Mr. BINGHAM. With the permission of the Gentfrom Minnesota, I will move that the House adjourn, as the hour is late.
The SPEAKER. The Chair would ask the Gentfrom Pennsylvania [Mr. STEvex's] at what time he expects the debate to close upon this proposition?
Mr. STEVENS. I understand that a large number of gentlemen have put down their names as desiring to speak upon it.
The SPEAKER. Quite a number of gentlemen desire to speak.
Mr. STEVENS. I do not wish to deprive them of the opportunity within reasonable limits.
Mr. SPALDING, I suggest to the gentleman that he fix the 10th day of next month as the day for closing the debate.
The SPEAKER. The Chair will state that at the rate at which the debate has been progressing, about 2 speeches a day, the Chair knows of enough gentlemen desiring to speak as would occupy the next 2 weeks. PRINTING OF NAVY REGISTER.
Mr. LATHAM. I rise to a privileged question. I am instructed by the ComPrintg to report the following resolution: Resolved, That there be printed for the use of the members of this House 1500 extra copies of the Navy Register for 1857.
Mr. RANDALL, of Pennsylvania. we put in also the Army Register? ‘
The SPEAKER. That was not referred to the committee, and they can only report under the law upon what is referred to them. The resolution was agreed to.
Mr. LATHAM mtRtv the resolution was adopted; upon the table. agreed to. NEWYORK postoffice SITE. On motion of Mr. RAYMOND, by unanimous consent, JtResolution of the House No. 229, to procure a site for a building to accommodate the postoffice and U.S. courts in NewY. city, which had been returned from the Senate with an amendment, was taken from The SPEAKer's table, and the amendment of the Senate was concurred in, as follows: Add to the resolution the following proviso: Provided, that the title to said property shall be approved by the AttyGen of the U.S.
Mr. RAYMOND mtRtv the amendment of the Senate was concurred in; upon the table. agreed to. And then, on motion of Mr. BINGHAM, (at 4 o'clock and 15 minutes p. m.,) the House adjourned. Cannot
@@@IN SENATE SENATE. FRIDAY, January 18, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. TIHE CONSTITUTIONAL AMENDMENT.
Mr. HENDRICKS. I am requested to ask leave, on behalf of Mrs. Mary Ann Sands, to withdraw the petition and papers praying for compensation for services rendered by. her Joseph Gideon, as acting purser of the U.S. storeship Fredonia, which were presented by her at the 38 h Congress. I am told that the papers were presented by myself. I do not now recollect about the facts connected with the case, nor do I rec ollect what was the action of the committee with regard to it; but on her behalf her attor ney in NewYork, Mr. Tremaine, has asked for the withdrawal of the papers; and I move that leave be given to withdraw them so that they may be sent to her. The motion was agreed to. On motion of Mr. HOWE, it was Ordered, That Knauth, Nachod & Kiihne, importers of dry goods in the city of NewYork, have leave to withdraw from the files of the Senate their petition, praying for relief for the loss of goods stolen from the jo.storehousewhile in keeping the careand of Government officials. On motion of Mr. HOWARD, it was Ordered, That the petition of John Watters, a lieutenant in the U.S. Navy, praying for compensation for property destroyed by the burning of the U.S. receiving ship Pennsylvania, on the files of the Senate, be referred to on Claims. the Committee REPORTS OF COMMITTEES.
Mr. HOWARD, from the ComClaims, to whom was referred the JtResolution (H.R.No. 173) for the relief of Ober, Nanson & Co., merchants of NewYork, reported it without amendment. NATIONAL CEMETERIES.
Mr. WADE. } have seen some of the iron monuments provided for by this bill, and I think it is not creditable to the country to have such monuments over the graves of our soldiers. They are small cast iron slabs, not more, perhaps, than 18 inches high.
Mr. WADE. Perhaps that is it; I did not measure them. They look more like a tin ket tle than anything i and are liable to be kicked off and kicked about and changed from one grave to another by any mischievous person. I think the ComMilAffrs cannot have seen a specimen of them. They seem to me to be E. totally inadequate for the contemplated, and it is discreditable to the country to erect such things as monuments for its soldiers.
Mr. WADE. Yes, a solemn toy, or whatever you please. It is a burlesque rather than a monument. If we cannot do any better than that, I would much rather that nothing should be done. I think it is discreditable to us, and must be a means of wounding the feelings of the relations of the soldiers who may have occasion to visit the cemeteries where their remains are deposited. I hope the bill will not pass in this form. I think it had betterlie over, and let the ComMilAffrs inspect these monuments and see if some better model cannot be t adopted. I was assured by persons in charge of some of the cemeteries that they were entirely opposed to the adoption of any such plan or style of monument, and I agree with them most heartily. I think if the Military Committee will look into the subject they will come to the same conclusion that I have arrived at. There are other gentlemen here who inspected some of these cemeteries at the same time that I did, and who as I understood came to the same conclusion.
Mr. WILSON. By existing law the War Dept was authorized to prepare these monuments, and I am told they have agreed upon this plan. I have no particular reason for pressing this bill now if the Senate does not wish it acted upon at present. I am willing to take time to make further inquiries. The main feature of the bill, however, and the great object is to get possession of the land necessary for the sites of these ceme teries. The objection which the Senator makes is simply to the 2nd section of the bill, which is only carrying out what has already been adopted. It may be necessary that congress should arrest it, and I have no objection to allowing the bill to lie over that I may make immediate inquiry in regard to what has been done by the Dept which would be cov ered by the 2nd section. The other sections of the bill, in regard to obtaining the title to land, are very important to be passed.
Mr. RAMSEY. I think if the chairman of the ComMilAffrs would inquire of the Quartermaster's Dept in this city he would find a large number of protests there from all those who have charge of these national cemeteries in the South against the adoption of this plan, which seems to have met the approbation of the Dept, of iron tomb stones, socalled. They almost universally object, and there are many representations on ie upon the subject. I think the committee should take some steps immediately to check the further execution of the contract if it has already been entered into. It is unquestionably Wrong.
Mr. WILSON. I have no objection to the bill lying over, and I shall call it up after I have made the necessary inquiries.
The PRESIDENT protempore. Does the Senator make that motion?
The PRESIDENT protempore. It is moved that the further consideration of the bill be postponed. The motion was agreed to. MINISTER AT WIENNA.
Mr. SUMNER, I, offer a resolution of inquiry, which I should like to have acted on today: Resolved, That the POTUS be requested to communicate to the Senate, if in opinion his not inconsistent with the public interest, any correspondence, between the Dept of State, and, Mr. Motley, envoy extraordinary and minister plenipotentiary at Vienna, relating to reported resignation his of this post.
Mr. BUCKALEW. I object to the consideration of the resolution..
The PRESIDENT protempore. It will lie over under the rules. BILL INTRODUCED.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.510) declaring a bridge to be built over the Missouri river at the town of StCharles, in the State of Missouri, by the North Missouri Railroad Company, a legal structure and a post road; which was read twice by its title, and referred to the ComPostOffices. On motion of Mr. MORRILL, the amendment of the HoRep to the bill (S.No.253) to incorporate the 1st conregational Society of. Washington, was reto the ComDistCol. On motion of Mr. WADE, the amendments of the HoRep to the bill (S.No.380) to incorporate the Washington County Horse Railroad Company in the DistCol, were referred to the ComDistCol. REMOVALS FROM OFFICE.
Mr. SAULSBURY. I move that the senate proceed to the consideration of the resolution offered by me 2 or 3 days ago, calling on the various heads of Depts for information in relation to removals from office and appointments to office in their respective Depts from March 4, 1861, to arch 4, 1865. The motion was not agreed to.
Skip Skip MESSAGE FROM The house. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the House had agreed to the amendment of the Senate to the JtResolution (H.R.No. 229) to procure a site for a building to accommodate the postoffice and U.S. courts in NewYork city. The message further announced that the House had passed the following bills, in which it X?’? the concurrence. Senate: A bill (H.R.No. 571) to regulate proceedings before justices of the peace in the DistCol, and for other purposes; and A bill (H.R.No. 896) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867. BALTIMORE AND POTOMAC RAILROAD.
Skip Skip The amendment was agreed to. The next amendment was to add to section 8 the following additional proviso: And provided further, That Congress shall have to alter, amend, or repeal this act. The amendment was agreed to.
Mr. WADE. I move further to amend the bill by striking out in lines 16 and 17 of section 3 the words “ or by any other body or bodies, private or corporate, or by any individual or individuals.” If those words remain they are entirely repugnant to the objects of the bill, and I do not see how the company could get their road into the district at all. If these words be striken out the section will read: “upon any lot or square or upon any part of any lot or square, owne by the U.S. within the limits of the city of Washington.” Of course the road must pass over somebody’s property, and the bill provides for the manner in which that property may be condemned, if necessary, in the usual way.
Mr. JOHNSON. I suppose that amendment is necessary to enable the bill to operate, because the road must pass over property be longing to the public or foto some individual; and if I understand the amendment, the Senfrom Ohio proposes to strike out the latter words. I have no objection to that amendment, but I trust he will oblige me by letting the bill go over. Indeed I believe the time has come for the termination of business of the morning hour.
Mr. WADE. I should like to make a couple of verbal amendments, which will not take more than a few moments.
The PRESIDENT protempore. The morning hour having expired, this bill can only be proceeded with by common consent.
Mr. EDMUNDS. I feel it my duty to object. It will evidently take some time.
Mr. WADE. No, I only wish to make 2 verbal amendments.
Mr. EDMUNDS. Well I will give you 5 minutes, Let the special order be informally laid aside for that time.
The PRESIDENT protempore. The special order is laid aside by unanimous consent for the purpose indicated.
Mr. MORRILL. I wish to suggest to the Senfrom Ohio that I hardly think the language which he proposes to strike out is repug nant to the general object of the bill or that any embarrassment can arise from it. If he thinks so, however, I shall not object to the amendment. Section one authorizes the location of this road; section 2 provides the manner of purchasing the right of way, and on failure to purchase the right of way, the manner in which they may condemn it; and I think this language is put in simply to prevent their doing it without condemnation.
Mr. WADE. No, it would prevent them going on the land of private owners at all.
Mr. MORRILL. Very well, if the Senator thinks Iso shall not object to his amendment.
Mr. WADE. There can be no objection to it.
Mr. WADE. I move to amend the bill further by striking out in line 30 of section 3 the words “the said corporation” and inserting “Congress, ” leaving it entirely under the control and direction of Congress.
Mr. JOHNSON. Does the term “corporation” as there used apply to the city?
Mr. WADE. I presume it does. The language is “that the level of said road within the said city shall conform to the present graduation of the streets, unless the said corporation shall agree to a different level.” I want it to read: “unless Congress shall agree to a different level.” Congress has entire control of the subject by other provisions.
Mr. JOHNSON. Certainly if the word “corporation” there applies to the city the amendment is right.
Mr. WADE. Undoubtedly it applies to the city and cannot apply to anything else.
Mr. WADE. Now, I move in line 31 of that section to strike out “agreed to" and insert “authorized;” so as to read “un less Congress shall authorize a different level.” This is a mere verbal amendment.
Mr. JOHNSON. If the Senfrom Ohio is through with his amendments I desire to repeat the suggestion which I before made that he would oblige me by letting the bill go over.
Mr. WADE. I do not ask any further action now. Let it go over and stand as unfinished business for tomorrow morning.
Mr. CHANDLER. I gave notice yesterday that at one o'clock today I should call up the Niagara ship canal bill. Of course I cannot antagonize it with this bill, which is unfinished business, but I give notice that the moment this bill is passed I shall call up the Niagara ship canal bill and antagonize it against any other measure that stands in its way. TENURE OF OFFICE. The Senate resumed the consideration of the bill (S.No.453) to regulate the tenure of offices, the pending question being on the motion of Mr. SuMNER to amend the amendment agreed to as in ComWhole by adding to it the following additional section: Abife:, That all officers or agents, except clerks of Depts, now appointed by President or by the head of any Dept, whtohsee salary or compensation, ao, fees or otherwise, exceeds$1,000oshall be nominated by the President and appointed by and with the advice and consent of the Senate; and the term of all such officers or agentswho have been appointed since the 1stday of July, 1866, either by the President or by the head of a Dept, without the advice and consFcenbtruoafry, the Senate, shall cxpire on the last day of 1866.
Mr. SUMNER. And so they are yet, the Senator reminds me, and justly; but can the Senator doubt that if at the time when those officers were made subject to the confirmation of the Senate, weighers and gaugers and in spectors had been as well paid as they are now at they too would have been brought under the control of this body? I cannot.
Mr. SUMNER. The Senator does not think they would.
Mr. EDMUNDS. The reason was that those offices of marshals and district attorneys were considered in early times to be invested with a supposed degree of respectability, honor, and responsibility connected with the duties to be performed, and not in respect to the mere price which was paid to the persons for performing them. So the collectors of cus toms, with the approval of the SecyTreasury, were authorized to appoint most of their subordinates; the PostMGenl was authorized to appoint all of his, it being supposed that that class of offices requiring only a low degree of skill and not involving large public trusts, either in respect to administration or in respect to the pecuniary consideration to be received, might properly be left to the heads of Depts. I think that was the rule which governed the discrimination which was made.
Mr. offs. I do not rise to prolong the debate on this amendment more than a few moments; but I think it right to say, in reply to my friendfrom Massachusetts, for whose opinions upon fundamental questions I have always entertained the highest respect, that I think upon reflection he will himself admit by and by that there are many theories which are absolutely perfect in themselves that cannot be carried into practice. There are many things that it. be exceedingly desirable to do if, as human nature goes and as human organizations are, they could be actually effected. It would be highly desirable if the will of the people of this country could be.car ried into the remotest detail of the Government, because that is the fundamental theory. It is, in theory, the duty of the hour in all democratic governments that the people's will should go to the uttermost artery and vein of the administration of a people's Government; but, every man in his senses knows perfectly well that no such chimera can be carried into practice. The people are numerous. They cannot act individually or collectively together as a body. They must select their chief agents. Their chief agents must select subordinates, and those subordinates again must have more or less discretion in selecting the agencies which, under them, are to carry out the practical operations of the business of the Government. Now, the question on the amendment of my friend is simply this: 1st, whether it be desirable for the President and the Senate of the U.S. to occupy their time, no matter whether they are in opposition or in accord, in discussing the jo.merits of A against by for a night watchman in the city of NewYork or for an inspector of customs in the city of Boston.
Mr. SUMNER. The Senator does not in tend to misrepresent me; but he knows there is no such proposition before us.
Mr. Mr. President, I know that there is such a proposition before the senate. The proposition before the Senate is the written amendment proposed by my friendfrom Massachusetts, and that makes a sweeping provision for every civil officer under the Government of the U.S., except the clerks in the Depts, who is appointed by the head of a Dept. If my friend will look at the law
Mr. SUMNER. The language is, “all persons now appointed by the President or any head of a Dept.” If a night watchman is appointed by the head of a Dept the Senator is right; if he is not appointed by the head of a Dept he is not right.
Mr. EDMUNDS. Exactly. My friend has stated the point of difference between us precisely. If a night watchman is appointed by the ical of a Dept then he comes within the operation of the amendment; if he is not, he does not.
Mr. SUMNER. That is, if his pay is up ward of $1,000 a year.
Mr. EDMUNDS. Certainly. Now, I submit to my friendfrom Massachusetts whether or not. SecyTreasury is the head of a Dept? I believe he is.
Mr. EDMUNDS. Now, I refer him to the law, and it may be called almost the fundamental law it is the fundamental law of cus. toms which has stood from 1799 to this day, which makes it the duty of the SecyTreasury, the head of the dept of customs, on the nomination of the collector or the surveyor or the naval officer, as it may be, of the port, to appoint all the subordinates, and he does
Mr. SUMNER. Will the Senator allow me to read the precise text?
Mr. SUMNER. I have it before me, the statute of 1799. It is: “That the collector shall, with the approbation of the principal officer of the Treasury Dept, employ proper persons as weighers, gaugers, measurers, and inspectors at the several ports within his district.” There it is. The collector shall do this with the approbation of the principal officer of the Treasury Dept. What is the thing to be done? He shall employ proper persons as weighers, gaugers, measurers, and inspectors; nothing more.
Mr. EDMUNDS. Now, if my friend will allow me to instruct him a little and it is very rare that I or any other man can have that opportunity, and I say it in sincerity let me inform my friend that a night watchman in the city of NewYork and in the city of Boston, or wherever he may happen to be in the cus toms service, is an inspector, and is appointed as such, and his business is to inspect and watch over vessels during the night, and so he is called a night watchman. There is not any such legal officer known to the law by the name of night watchman that I know of.
Mr. SHERMAN. If my friend will allow me, I will state that under the Constitution it is clear that Congress has no power to confer upon anyone but the President, the heads of Depts, or the courts of law, the power of appointing officers.
Mr. EDMUNDS. That I stated the other day.
Mr. SHERMAN. By the Constitution we must confine it to the POTUS, the courts of law, and the heads of Depts; and we have no right to confer it on the heads of bureaus. We attempted to do so, and the point was made, and we had to change the law in the case of asst as sessors.
Mr. SUMNER. May I interrupt my friend there for one moment? What right have I to know that the President is to be impeached? How can I know it? And let me add to that, even if I could know it, there can be no reason in that why I should not argue the measure directly before the Senate and present such considerations as seem to me to be proper, founded on the misconduct of that officer.
Mr. SUMNER. It would be impossible to make that classic.
Mr. JOHNSON. Why, almost everything in that way is possible that the honorable member from Massachusetts undertakes to accomplish. Everybody may dispute for himself, until the authority of the honorable member is brought to its support, the poetry of the phrase; but if he lends it his sanction, as he has done now 20 or 30 times and more, and talks to the Senate from hour to hour and day to day of officers being “kicked out, ” it will become a household word. What did the President mean by “kicking out?”. Does the honorable member suppose he really intended to “kick them out?"
The PRESIDING OFFICER, (Mr. HARRIs in the chair.). The question is on the amendment proposed by the Senfrom Massachusetts to the amendment made as in ComWhole.
Mr. SUMNER. Before the vote is taken I will amend my amendment, as it is within my power to do so, by striking out “$1,000” and substituting “$1,500.”
The PRESIDING OFFICER. The Senator has a right to modify his amendment, and it will be so modified.
Mr. SUMNER. I have made that change in deference to Senators about me, and especially yielding to the earnest argument of the Senfrom Vermont, who was very much disturbed by the idea that the Senate would have to act upon inspectors. My experience in this body teaches me not to be disturbed at anything. I am willing to act on an inspector or a night watchman; and if I could I would throw over him the shield of the Senate against the tyranny of the Executive. The Senfrom Vermont would leave him a prey to that tyranny, so far as I can understand, for no other reason than because he is an inspector, an office of inferior dignity; and because also if we embrace all inspectors we shall have too much work to do. Sir, we are sent to the Senate to do work, and especially to surround the citizen with all.safeguards. The duty of the hour is now as I have declared. It ought not to be postponed. Every day that it is postponed is to my mind a sacrifice of duty. Let us not, then, be deterred even by the humility of these officers or by their number; but whether humble or numerous let us embrace them within the protecting arms of the Senate.
Mr. EDMUNDS. Only a single remark, sir. I do not think that in order to save these inspectors from what my friend seems to consider the dangerous clutches of the President we ought to neglect all the rest of the people of the country in protecting them by approriate legislation. The Senator has now mod ified his amendment to make the limit $1,500; and the effect of that, without going into it any further than to point out one single effect, will be to take away from the confirmation of the Senate 100s of deputy postmasters, as they are called, who are now required to be confirmed by the Senate, because according to the existing law where the salary of a deputy postmaster is $1,000 a year we have to act upon his nomination. The consequence will be that the Senator by this change will lose almost as many offices from the control of the Senate as he will get into it. He will throw the postmasters into the dangerous clutches of the PostMGenl, and will save a few inspectors. I hope that every friend of the real purpose of this bill will vote against the amendment.
Mr. SUMNER. Let me reply precisely to the Senator. He says that the proposition I have now made would throw certain postmasters within what he calls the clutches of the President. The language he employs is apt within the clutches of the President. But he is mistaken; let him read the amendment and he will see that it is open to no such interpretation. My amendment is only applicable to those agents and officers who are now ap}. by the President or by the head of a dept without the advice and consent of the Senate. All postmasters with $1,500 salary are now pool by and with the advice and consent of the Senate.
Mr. EDMUNDS. Yes, Mr. President, but the law under which those appointments are made, as it now stands, is that all postmasters with a salary of $1,000 or upward shall be appointed by the President by and with the advice and consent of the Senate. It is proposed to change the law by making the point of confirmation $1,500, and that of course will throw out all who receive less.
Mr. SUMNER. The point to which the Senator refers is made applicable only to officers, now appointed by the President or the head of a Dept without the advice and consent of the Senate. If $1,500 postmasters are in that category, then I admit that they fall within my amendment; but if they are not within that category then they do not fall within my amendment.
Mr. MORRILL. I ask the Senfrom Massachusetts if he will accept an amendment which proposes to submit all of these officers to the cot.firmation of the Senate? As I understand the proposition now it is that all efficers appointed by the President whose sal ary amounts to $1,500 shall be submitted to the Senate for confirmation, and those appointed by the heads of Depts not.
Mr. SUMNER. No; the Senator does not read the amendment aright. It is that all agents or officers appointed by the President or by the head of a Dept whose salary or emoluments, whether from fees or otherwise, amount to $1,500 per annum, shall be appointed hereafter by the President by and with the advice and consent of the Senate, and only in that way.
Mr. MORRILL. I do not know but that the amendment is susceptible of that construction, but I think it is not quite as clear as the Senator's statement. If, however, that is the view of Iit, of course make no further suggestion.
Mr. SUMNEft. I call for the yeas&nays. The yeas&nays were ordered. Mr. NORTON. I wish to state that I have aired off on this question with the Senfrom Tennessee, [Mr. Fowler] If he were F. he against would vote for the amendment and it. The out. being taken by yeas&nays, resulted yeas 16, nays 21; 15. So the amendment to the amendment was rejected.
Mr. SAULSBURY. The reason assigned by the honorable Senfrom Wisconsin cer. tainly is a very unanswerable one indeed! What is it? A rumor. Where does it come from. who is responsible for it, and upon what authority is it based? A passage taken from a daily paper, that the portfolio of War may be tendered to the distinguished Senfrom Tennsylvania, who certainly has no superior as a statesman on this floor, any in the country; and the action of the Senate of the U.S. is gravely invoked in behalf of an important amendment to this bill because, perhaps by the adoption of that amendment, the portfolio of War may not be tendered to the Senfrom.And that, too, sir, when, if that portfolio be tendered to that distinguished senator, his confirmation will be in the hands of the Senate of the U.S.; and if the Senate of the U.S. forbid that confirmation no disaster can come to the country from such a tender as that to the Senfrom Pennsylvania. The distinguished Senfrom Wisconsin said he could not answer the argument which he himself read; in other words, he confessed that he could not answer an idle rumor, which I suppose is true.
Mr. BUCKALEW. Mr. President, I desire to state, in connection with what has been said, that my colleague is now absent from the Chamber, and is not himself able to take any notice of the introduction of a newspaper correspondent's speculation in the debates of this body. I desire also to state, as this point has been raised, that my colleague was nominated by the POTUS for a position abroad without his knowledge. Hed no information that such a nomination was.no concern whatever in procuring it. estands perfectly independent of the whole proceeding, having had no personal connection with it in any way whatever. I must say, in addition to that, as to the statement by a newspaper correspondent upon a proposed location of my colleague hereafter in intimate relations with the President at home, I have no information whatever; but so far as my opinion can be formed from a knowl edge of him, from a knowledge of the general circumstances of the case, f do not believe there is the slightest foundation for what is stated by the correspondent. Of course we may conjecture upon what may take place here after as we please. What I desire to say is that, so far as I know and believe, this statement by the correspondent is a vague, idle conjecture, belonging to a class of conjectures which I suppose find their way into the news papers of the country from the fact that these newspaper correspondents are in want of may terial to make up the correspondence for which they are paid, and in the absence of definite and exact information to communicate to the newspapers with which they have the relation of correspondent they exercise theiringenuity for the purpose of feeding that popular love of excitement upon which newspaper circulation is to a great extent based. I have said thus much because of the circumstance which I stated in rising: that the member of this body who was affected was not then present in the Chamber.
Mr. HOWE. I trust it is not necessary for me to disavow any purpose of reflecting upon the character of the distinguished gentleman whose name is introduced in this paragraph. It is not necessary for me to disavow any such purpose, because I did not indulge in any such reflection, had none to indulge in. I have not a feeling in the world toward that gentleman, but of the very kindest character. The only oint I make is that, judging of the matter from my stand point, which differs essentially from the stand point of the Senfrom Pennsylvania and the Senfrom Delaware who have just taken their seats, I do not think it would be a good thing to do. I should prefer to see the present incumbent retained in the custody of that portfolio, and therefore I am not willing to leave the power in the hands of the President to take it from him without the consent of the Senate. That is the only point I make upon it. I. do not think that is a very strange opinion for me to entertain. I ask for the yeas&nays on my amendment. E.&nays were ordered.
Mr. HOWARD. I shall vote for the motion made by the Senfrom Wisconsin to strike out the exception contained in the 3rd line of the 1st section.
The PRESIDENT protempore. Does the Senfrom Michigan give way to the Senfrom Pennsylvania?
Mr. HOWARD. I have but a word to say. I shall so vote, not for the reason intimated by the honorable Senfrom Wisconsin, thoug I may say with truth that I sympathize with him somewhat in the reason which he has given, but I shall do it in order to save the principle which is incorporated in the bill. The clause reads that every person, except the heads of Depts, holding any civil office, shall hold the same until his successor shall be appointed by and with the advice and consent of the Senate. The principle of the bill is, if I understand it rightly, that all civil officers of the U.S shall be appointed by the POTUS, by and with the advice and consent of the Senate. To except from the category the heads of Depts, as is done by the clause as it now stands, seems to me to give up the principle and to acknowledge in the same breath that as to the highest officers of the Government the Presldent has authority to remove them at pleasure during the vacation and to appoint others in their stead. That is the very principle that we are combatting.
Mr. EDMUNDS. Allow me to say to my friendfrom Michigan that he misapprehends the principle of the bill, taking his statement of it, in this: the bill does not undertake to declare that every civil officer shall be appointed by and with the advice and consent of the Senate; but it simply undertakes to declare that every civil officer who by law is required to be appointed by and with the advice.consent of the Senate, with the exception named, shall hold his office for a certain length of time. That is, it regulates the duration of holding office; and it makes this exception, not as surrendering the principle upon which the bill goes, but because by express authority of law now the President is authorized by the law, as I say, or as is claimed, in opposition by the Constitution, to remove these officers at pleasure. We thought it right for the time being at least to try the experiment of still authorizing him by law, that is leaving the law to stand just as it does now, to change Cabi net ministers. That is the principle of the bill.
Mr. HOWARD. I did not misunderstand the theory of the bill; nor was it very highly necessary in my judgment that the Senfrom Vermont should have interrupted me with a view to correct what he calls my misapprehension. What the bill intends to do is to prevent the POTUS removing from office during the vacation those who have been regularly appointed, and substituting others in their stead. That is the evil which we propose to remedy. Now, sir, this exception in the bill seems to me to yield the very principle itself upon which the bill is o and to say to the President, “You may remove the SecyState, the SecyWar, &c., during the recess of the Senate and appoint others in their stead if you see fit to do so.” In short, it appears to me to be a clause which is utterly inconsistent with the object, the scope, and purpose of the bill; and I shall therefore, for the sake of harmonizing the provisions of the bill, vote to strike out this exception, and then I shall vote also to strike out another clause in the 2nd section, which is a recognition of this previous exception.
Mr. COWAN. Mr. President, I understand that my colleague has explained my position in the matter.) as I think, has been without any sufficient warrant introduced here as an offense on the part of the President. I have only to say, as I understand my colleague has already said, that I am utterly, entirely and totally innocent of all these honors which are about to be thrust upon me; I have never had the slightest intimation of anyone of them; and this report, to which the Senfrom Wisconsin has directed my attention, that I am to be SecyWar, I certainly never heard from anybody connected with the Presi.dent, the SecyWar, or anybodyelse in authority. I have only to state further with regard to the SecyWar that from the time he accepted that position he and myself have been upon the most friendly and intimate terms, coming from the same region of coun. try and having known each other for a long time, and I do not know of anybody to whom he might more safely intrust his destinies for fair play than to myself. I make this statement in order that these things, which are mere rumors, idle wind, which may be made by anybody, may not be allowed to influence the action of this body in the premises.
Mr. CONNESS. From the direction that the latter part of this debate has taken it might appear as though the Senate, or somepart of the Senate, desired the adoption of the amend.ment now proposed by the honorable Senfrom Wisconsin, for the purpose of preserving to the distinguished citizen who now holds the position of SecyWar the office which i. has so ably filled and which he still graces, I take it that it is scarcely necessary to be said here or necessary to be said anywhere to those who know him or know his character, that he would be the last man either to seek or wish protection to himself in that or any otherplace. this unnecessary to add that he occupies the place because of the high position that he holds in the hearts of the people, and the greatfitness which he has in the opinion of the people for the office. I feel called upon to say this much only because of the turn the latter part of this debate has taken.
Mr. HOWE. I am obliged to the Senfrom California for the reminder he hasgiven the Senate, and I ought in support of it to say that of course I offered this amendmentupon my own responsibility entirely, without the slightest consultation with the SecyWar or anybody, so far aIs know, that has seen the SecyWar; and he had no moreideo that the amendment was to be offered than person on the other side of the Atlantic.
Mr. CONNESS. Of course not. That is well understood.
Mr. HOWE. I have, I avow here, a very high opinion of the public services of the SecyWar. I should regard it a publi. calamity to have him removed at the projuncture. I should think the Congress of the U.S. assumed a grave responsibiog if, knowing that there was a probability of his being removed, they allowed it to be donewhen they could prevent it; and I say this, no! hay.ing been, as the Senfrom Pennsylvania says has been the case with him, on into terms with the SecyWar. I haveooo. ied no confidential relation whate or " F. I have judged of him as from a disto judged of his public acts, and put. o perhaps an exalted, certainly a very highes mate, as I have no doubt every Senato' on this floor has done. The question being taken by rejo yeasandnays, 13, nays 27; so the amendment to the amendm" " rejected. the
Mr. EDMUNDs. I move to ame" 6th section by adding these words: to Provided, That the President shall.o. toothe make out and deliver, after the adjourno. of oommissions oint" for all officerswhyments shall have been advised and consented to the Senate. dment I do not think myself that this is absolutely necessary; but as opinions differ as to the precise point of time when an apointment is completed, the committee thought it best, to save all question, inasmuch as the penalties of this section are very heavy, to add a proviso giving the President power to make out, after we have adjourned, commissions in cases where we have confirmed men, on the last day of the session, for instance, so that he could not make out the commission before the adjournment.
Mr. HOWARD. I inquire of the Senfrom Vermont whether that has not been the Iuniform practice of the President in such cases. think it has been. I have no desire to make opposition to this amendment, but it seems to me to be supererogatory.
Mr. EDMUNDS. That undoubtedly has been the uniform practice; but it has also been the uniform practice of the President to remove and appoint and make out commissions at his own.will altogether. We now propose to regulate the duration of appointments and to punish by heavy penalties any violation of this act; and we do not think it wise, on the whole, to leave it open to any criticism as to what precise point on.an appointment takes effect, and therefore we thought it better to say in express words, to save all question, that commissions in these cases may be issued after the adjournment.
Mr. HOWARD. I do not wish to oppose this amendment, though I really think it is superfluous. I think the point was decided by the SCOTUS in the case of Marbury vs. Madison.: What I understand to be the proceeding is this: the POTUS makes a nomination of a particular officer to the Senate; that is to say, he asks the Senate to give their advice and consent to the appointment of A. B. Suppose the Senate does so, and the proper officer of the Senate reports the fact to the President; then he has in his hand the advice and consent of the Senate to that particular nomination. After this advice and consent are thus communicated to the President I do not understand that he is under the slightest obligation actually to appoint that nominee. The vote of the senate may remain in his drawer unnoticed. The appointment, properly and strictly.is never made and completed until the President, in the form of a regular commission, with the seal of the U.S. affixed by the SecyState, has appointed the person to that office. In other words, I think that an appointment by the Presidentis never complete and the office completely vested in the appointee until a commission has thus been signed and deliv ered to the appointee. Is not that the law 7 Believing that to have been the understanding of the country and to have been the decision of the Supreme Court, or rather the reasoning of Mr. Chief Justice Marshall in the case to which I have referred, I cannot see the propri ety or necessity of this amendment.
Mr. EDMUNDS. That is precisely the reason why the committee thought it best to offer this amendment. Inasmuch as we prechude any appointments being made in the recess, so far as the making out of the commission for a person whose appointment the Senate have advised and consented to is a part of the appointment, we want to have the president authorized to do it in the recess when necessary, and therefore to save any question as to violating the penal provisions of the section we thought it wise to put in this provision. My own opinion is that it is not necessary, but we did not want to leave any excuse to prevent the making out of the commission in such a Case.
Mr. HOWARD. Very well; if the committee have considered this somewhat delicate question and think this provision necessary I shall not object.
Mr. LANE. I am going to make a motion which I hope will meet Generalconeur rence. We propose by this bill to restrict the power of removal in the President. We have, already determined upon the motion of the Senfrom Massachusetts not to restrict certain officers to be removed in the future whose salary is over $1,000. We have upon motion of the Senfrom Wisconsin already voted that Cabinet officers shall be excluded. We propose to do a certain thing and at the same time the bill does not accomplish it; and I move now the indefinite postponement of the bill, and I shall vote for that motion in the ho}pe. that it may prevail.
The PRESIDING OFFICER. That motion has precedence. The question is on the motion of the Senfrom Indiana to postpone the bill indefinitely.
Mr. SUMNER, I cannot say that at this stage I am ready to vote for the indefinite post ponement of the bill, but I am ready to say that the votes which have been taken do deprive the bill of its essential practical value. The Senfrom Vermont follows up his bill on points of law: he had better meet the practical questions of the hour; they are involved not in law, but in facts. The facts are that a tyr anny at the other end of the avenue seeks to oppress the honest citizens of this Republic. can interpose our protecting arm, but we have refused to do it. Now, we proceed to try to settle certain questions of law. If those questions of law can be settled by this bill, I shall be glad of it; therefore I am not ready at this moment to vote for the indefinite postponement of the bill; but I do say that the bill will be of very little practical value compared with what it could be had it not been shorn of its proper functions. The bill does not meet the exigency of the times. It ignores great facts that fill this whole country. It ignores the tyranny of the President, which is brought to bear with a strong arm upon loyal and patri otic citizens throughout the land. It seeks simply to vindicate to itself certain powers of the Senate, and thus to throw a safeguard over a certain number constituting a limited class of office holders. The bill should go further and surround all office holders, so far as it is practicable, with the arms of the Senate.
Mr. EDMUNDS. Mr. President, the difficulty with my friendfrom Massachusetts seems to be that unless he can have plum puddin every day he is almost ready to starve. f suppose, on his theory, if we were organizing a court of justice, he never would consent to the passage of a bill which should establish a judiciary until he had gone over the country and gathered up all the suitors and arranged their places in it and provided exactly who should be tried 1st. If my friendfrom Massachusetts would only consider for a moment that the simple proposition in this bill relates to the powers of the Senate and to the duration of the tenure of certain offices and to nothing else, and would content himself with doing one thing at a time, there would then be time enough to declare afterward how broad the area should be of the number of offices to whose appointment the confirmation of the Senate should be a necessaryingredient. As fast as that number of offices is enlarged, just so fast the officers to fill them will come within the scope of the protection of this bill. Now, I implore my friendfrom Massachusetts and my friendfrom Indiana, if they are really sin cere in treating this subject in any other way than that of mere enthusiasm and heat, let us settle the principles upon which the action of the President and Senate shall proceed, and then as fast as the occasion arises we shall find the subjects upon whom these principles shall operate.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Indiana to postpone the bill indefinitely.
Mr. LANE. I do not wish to embarrass the action of my party friends; I have 5. acted with them; and I will withdraw the motion, although I think there is nothing at in all the bill.
The PRESIDING OFFICER. That motion being withdrawn, the question recurs on the amendment proposed Thy the Senfrom Vermont.
Mr. BUCKALEW. This amendment is clearly proper and necessary if the bill itself shall pass. By the 3rd section it is provided that “if no appointment by and with the advice and consent of the Senate shall be made to such office so vacant or temporarily filled, as aforesaid, during such next session of the senate, such office shall remain in abeyance” shall not be filled. Then, in the 6th section, to which it is proposed to add the amendment, are provisions making it a penal offense to fill up or issue any er in connection with an appointment forbidden by the present bill. It will follow that where an appointment is not actually made and the commission issued be. fore the adjournment of the Senate, it cannot be made or issued after the adjournment. We know that in the closing hours of the session we very often confirm 100s and 100s of officers when it is physically impossible that the President shall in consequence of our confirmations sign the commissions before the Senate adjourns. It therefore becomes strictly necessary that we should confer authority by an amendment upon him to make the appointment, or rather sign the commission and issue it after our adjournment. It is physically impossible that he can do it before. }. Senfrom Maryland {Mr. JOHNson] asks, does he not have that power now? Of course he has, but this bill takes it away. It takes away the power to make an appointment, to sign a commission, to issue a commission, to do any act where the office is not actually filled during the session of the Senate: it cannot be done afterward. If the Senator will look back to the 3rd section and consider it in connection with the penal clauses of the 6th he will see that this amendment is indispensable. The amendment to The amendment was agreed to.
Mr. HENDRICKS. I suppose we all understand this bill now very well, and the votes upon the different propositions indicate the pleasure of the majority to stand by the report of the committee, and I think it is desirable, as this bill is to pass, not by my vote however, that it should be passed this evening. It is a matter of comfort that we should soon come to a vote, and I suggest that we do come to a vote and dispose of this bill. If I thought further discussion was useful on the subject I should like to participate in it; but I reckon we have considered all the amendments it is important to consider, and I hope we shall come to a vote this evening so as not to take up any further time with it.
Mr. WADE. Very well; let us have a vote.
The PRESIDING OFFICER. The question now is on concurring in the amendment made in Committee of the Whole as it has been amended in the Senate. The amendment as amended was concurred 1Il.
Mr. EDMUNDS. I promised my friendfrom Indiana yesterday that at the proper time I would endeavor to convince him and other gentlemen of the strict propriety of this measure under preceding legislation and under the constitution; but I am disposed, as I perceive such is the temper of the Senate, and it agrees with my own decidedly, to forego any observations upon that point and let the bill come to a vote at Once.
Mr. HENDRICKS. In reply to the suggestion of the Senfrom Vermont, I will say to him. I have investigated the subject some what that was between us about the legislation on this subject, and he and I would not be able to agree upon the question of fact. So we shall have to postpone that discussion to some other bill. The bill was orderengross for a 3rd reading and was read the 3rd time.
Mr. HENDRICKS. I ask for the yeas&nays on the passage of the bill. The yeas&nays were ordered. The Secretary proceeded to call the roll.
Mr. JOHNSON (when his name was called) said: I have paired off with the member from Iowa, who is not in his seat, [Mr. KIRKwood,) on the question. He would have voted for the bill and I should have voted against it.
Mr. NORTON (when his name was called) said: I have paired off with the Senfrom Tennessee, [. Fowler] who would have voted for the bill and I would have voted against it. The result was announced yeas 29, nays 9;–14. So the bill was passed. On motion of Mr. EDMUNDS, the title of the bill was amended so as to read, “A bill regulating the tenure of certain civil offices.” PERSONAL EXPLANATION. THE TARIFF BILL.
Mr. GRIMES. I rise to a personal explanation. A friend has just called my attention to the last number of a newspaper, published in the city of NewYork, called The Iron Age, which contains an article headed “Senator GRIMEs and the Tariff, ” which reads thus: “It was on the motion of Senator GRIMEs, of Iowa, that the consideration of the tariff bill passed by the House was postponed until the present session. In making his memorablemotion Mr. GRIMEs is reported in o Congressional Globe as using the following words: “‘I do not believe that you can convince the people of any State that it will be to their advantage to increase the duty on iron yariously from ten to 50 dollars a ton; or that it will be for their advantage to increase the duty on the low grades of cutlery, such asgointo every farmer's house, 600%.” “We should be very sorry to do Senator. GRIMEs an injury; but it is fair to him to say that it is currently reported that he has a pecuniary interest in a hardware establishment in Burlington, Iowa, and is a silent, partner in a cutlery business in Beekman street, NewYork; and as in his speech proposing the postponement of the tariff he exhibited special repugnance to the duty on cutlery, it is, to say the least, not a little, significant that the Senate bill should come with lower duties than were proposed either by the House bill or that, of Mr. Wells. It looks certainly a little suspiciousthat in thesespecial instances the tariff should be sent from the Senate so strangely low. ported cutlery, and has not used his influence as a member of the Senate to P.". his own private ends. In that case we shall be happy to publish the disclaimer at present it is but just to tell him that appearances are against him.”
Mr. POLAND. I move that the Senate proceed to the consideration of House bill 598, to establish a uniform system of bankruptcy.
Mr. CHANDLER. I desired to make the same motion in regard to the Niagara ship canal bill; but as the Senator is in advance of me, I will now move that the Senate adjourn; and I give notice that I shall try to get that bill up tomorrow at one o'clock.
Mr. JOHNSON. Will the honorable member do me the favor to withdraw his motion that I may say a word upon a question which interests us all I think?
The PRESIDING OFFICER. The motion to adjourn is withdrawn. PERSONAL EXPLANATIONS THE TARIFF.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLoyd, its Chief Clerk, announced that the House had passed the bill of the Senate (S.No.311) for the relief of James Pool. The message further announced that the House had passed a bill (H.R.No. 431) providing for the punishment of eertain crimes thereinmentioned in the DistCol, and for other purposes, in which it requested the concurrence of the Senate. ENROLLED BILLS 81GNED. The message further announced that The SPEAKer of the House had signed the enrolled JtResolution (H.R.No. 229) to procure a site for a building to accommodate the postoffice and U.S. courts in NewYork city; and the enrolled bill (H.R.No. 964) in regard to the compensation of route agents in the postoffice Dept. Order of BUSINESS.
Mr. POLAND. I move that the Senate proceed to the consideration of House bill o. 598, to establish a uniform system of bankruptcy throughout the U.S.
Mr. LANE. There is a motion to take up the bankrupt bill, and the Niagara ship canal bill is antagonized with it. I am too, opposed to both, and therefore I move that the Senate do now adjourn.
Mr. POLAND. } beg the gentleman to withdraw his motion, so that we may have a vote on the motion I have submitted. If the motion to adjourn is not withdrawn I hope the Senate will vote it down. ENROLLED BILLS. sIGNED.
The PRESIDENT protempore. With the permission of the Senfrom Indiana and of the Senate, before putting the motion to adjourn, the Chair will announce the signin the following enrolled JtResolution an lil A JtResolution (H.R.No. 229) to procure a site for a building to accommodate the . office and U.S. courts in NewYork city; and A bill (H.R.No. 964) in regard to the compensation of route agents in the postoffice Dept. HOUSE BILLS REFERRED.
The PRESIDENT protempore. The Chair will also, with the permission of the Senate, lay before the Senate certain House bills for reference. The bill (H.R.No. 431) providing for the punishment of certain crimes therein named in the DistCol, and for other purposes, and the bill (H.R.No. 571) to regulate proceedings before justices of the peace in the DistCol, and for other purposes, were read twice by their titles, and referred to the ComDistCol. The bill (H.R.No. 896) making appropriations for the legislative, executive, and judicial expenses of the Government for the year:30th June, 1867, was read twice by its title, and referred to the ComFinance:
Mr. LANE. I do not know how it is that bills are presented after my motion to adjourn. I made a motion to adjourn, and it seems to me that is the 1st motion to be put.
The PRESIDENT protempore. The Senator is certainly correct. The Chair, however, stated that with the permission of the Senfrom Indiana and of the Senate, before putting the motion to adjourn, the Chair would announce the signing of certain enrolled bills, and also lay certain House bills before the Senate. No objection was made. The Chair therefore went on. It was the privilege of the Senator, certainly, to insist on his motion if he chose.
Mr. LANE. I will now withdraw the motion if gentlemen want to take up anything else.
Mr. SHERMAN. I should like to have a short executive session.
The PRESIDENT protempore. The motion to adjourn is withdrawn. BANKRUPT ISILL.
Mr. POLAND. My motion to take up the bankrupt bill is now in order, I believe.
The PRESIDENT protempore. That is the motion now before the Senate. The question is on proceeding to the consideration of the bill indicated by the Senfrom Vermont. The motion was agreed to. ExECUTIVE SESSION. On motion of Mr. SHERMAN, the Senate oceeded to the consideration of executive usiness; and, after some time spent therein, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, January 18, 1867. The House met at 12 o'clock m. Prayer by Rev. O. H. TIFFANY, D. D., of Chicago, Illinois. The Journal of yesterday was read and approved. POST ROUTES IN MIC HIGAN.
Mr. UPSON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:: Resolved, That the ComPostOffice be instructed to inquire into the crorocchi hi.nooaf Perasitraieb, lisihninKgalpaomsat zroooutceosuanstyfo. lMloiwchsigan From to Leonidas, in StJoseph county; also from Galesburg; in said Kalamazoo county, via Pavilion Mills and Brown's Mill, to Mendon, in StJoseph county: and to report by bill or otherwise. AGRICULTURAL BUtte.A.U.
Mr. RITTER. I ask unanimous consent to fsourbmit the following preamble and resolution consideration at this time: Whereas it is in the judgment of this House improper and a departure from the intention and design Congress, in the establishment of the Bureau of Agriculture, for the Commissioner to purchase for distribution seeds that are common in the country: Therefore, Resoiced, That the ComAg be, satnrdicttihnegyaanrdephreorheibbiytiningsttrhuecsteadid Ctoomrempiosrstioanbeirllfrorme the purchase for distribution of any seeds, plants, or flowers that are common in the U.S.; and that they have leave to report by bill or otherwise.
Mr. SPALDING. I must object to this resolution unless it be modified so as to instruct the committee to oire into the expediency of so reporting a bill.
Mr. RITTER. as suggested. The preamble and resolution as modified were then agreed to. JURISDICTION OF COURT OF CLAIMS.
Mr. HUBBARD, of Connecticut. I have bfoelelonwrineqgujeositnetd to ask leave to introduce the resolution, for reference to the ComJudiciary: Resotted by the Senate and HoRep the U.S.A. in Congress, assembled, rehsatrtictthethe jurisdiction on the ComClaims Ansaancdt ttoo ide for the payment of certain demands for quartermaster stores, and subsistencesupplies furnished to the Army of the States, approved July 4, 1864, ”be, and the same is hereby, extended to the gounties of Frederick, Warren, Clarke, Shenandoah, Page, and Rockingham, in the State of Virginia.
The SPEAKER. That requires unanimous consent at this time.
Mr. CULLOM. I object. CONSTITUTIONAL AMENDMENT KENTUCKY.
The SPEAKER laid before the House a letter from the Governor of Kentucky, announ cing the rejection by that State of the constituI will modify my resolution.tional amendment; which was laid upon the table, and ordered to be printed. A. D. MOREY.
The SPEAKER also laid before the House a communication from the AttyGen, transmitting, in compliance with the resolution of the House of January 14, 1867, the papers relative to the case of A. D. Morey, indicted in the local court at Wicksburg, Mississippi; which was referred to the ComMilAffrs, and ordered to be printed. internalrevenue DIRAWBACK REGULATIONS.
The SPEAKER also laid before the House a communication from the SecyTreasury, transmitting, in compliance with the resolution of the House of January 15, 1867, copies of all drawback regulations which have been prescribed under the internalrevenue law; which was referred to the ComWays&Means, and ordered to be printed. contrng ENT FUND of TREASURY DEPT.
The SPEAKER also laid before the House a communication from the SecyTreasury, transmitting statements of the disbursement of the contingent fund of the various offices of his Dept, as required by the 20th section of the act of August 26, 1842; which was laid upon the table, and ordered to be printed. ORDER OF BUSINESS.
Mr. BENJAMIN called for the regular order of business.
The SPEAKER. This being private bill day, the 1st business in order is the consideration of reports of a private character from committees. On Saturday last, being private bill day, the House granted to the ComDistCol an additional hour for their business, and that committee is now in order to make reports. TrANSPORTATION AND COAL COMPANy.
The SPEAKER. The 1st business in order is the consideration of the bill pending at the expiration of the morning hour on yesterday, being a private bill reported by the Gentfrom Ohio [Mr. WELKERJ from the ComDistCol, with an amendment,"; bill of the House No. 592, to in corporate the Washington Transportation and Coal Company. The bill was read at length. The amendment reported from the committee was to add to section 3 the words “and the laws of the States respectively.”
Mr. PRICE. I would inquire of the gen. Gentfrom Ohio. [Mr. WELKER] how this amendment will affect the bill.
Mr. WELKER. It provides that in the transaction of business outside of the District this oshall be governed and controlled by the laws of the State in which the business shall be transacted.
Mr. PRICE. That is all right enough. I thought it had reference to 2 other points to which I had intended to call the attention of the committee reporting this bill.
Mr. HISE. I desire to bffer an amendment to this bill to the effect that the corporators and stockholders of this company shall be severally and goresponsible for all the debts and trespasses of this company.
Mr. WELKER. I cannot yield for any such amendment. The bill already provides that the stockholders shall be liable to the amount of stock they have subscribed.
Mr. HISE. I must vote against the bill unless lo. as I have proposed, and I would like an opportunity to state to the House my reasons for that vote.
Mr. WELKER. I must decline to yield for that purpose.
Mr. PRICE. I desire to inquire of the Gentfrom Ohio [Mr. WELKER] whether it would not be better, in that clause of the bill which provides that the stockholders shall have the power to make such by laws, as they may deem proper, to add the words “not inconsistent with the charter;" and further whether in that part of the bill which binds the stockholders for the amount of their stock, it would not be better to insert the usual requirement in acts of incorporation and make the stockholders liable for twice the amount of. their stock. I suggest to the gentleman that he had better allow something of this kind to go into the bill if he wishes it to be passed.
Mr. WELKER. I am willing to yield for the 1st amendment which the gentleman suggests; but I cannot consent to the 2nd amendment which he proposes.
Mr. PRICE. Then I hope that the House will not sustain the call for the previous ques.tion and will vote down the bill; for no act of incorporation ought to pass here or elsewhere unless the stockholders of the bank, railroad company, or other corporation are bound for twice the amount of their stock. No other rule is safe.
Mr. WELKER. I will allow the gentleman to offer the amendment. If the House desires its adoption I will interpose no objection.
Mr. PRICE. Then I offer the following amendment:. After the word, " prescribe, ” in insert the words “not inconsistenttwheithsetchoisndchsaerctteior.n In insertthe same section strike out the word “full, ” and in lieu thereof the word “double, ” so asto read “double the amount of their stock.”
Mr. WILSON, of Iowa. I ask the Gentfrom Ohio [Mr. WELKERJ to yield to me a moment for a single suggestion.
Mr. WELKER. In reply to the Gentfrom Iowa, I will say that I do not know any reason why the names of the same individuals are inserted in these bills of incorporation. It may be that these gentlemen are capitalists of the DistCol and the only individuals who make application for acts of incorporation to carry on business of this kind.
Mr. WILSON, of Iowa. I think I might suggest an explanation to the Gentfrom Ohio. It may be that these individuals who are constantly applying for eharters intend to make money out of them by selling the franchises to some persons who may be desirous to engage in these particular branches of business.
Mr. WELKER. In reply I will say I do not see anything in the act of incorporation which authorizes them to sell their charter.
Mr. WILSON, of Iowa. They appear very often before this House in these bills.
Mr. WELKER. In reference to another objection the gentleman makes to this bill, that these directors may make their director ship perpetual, I will say I am willing an amendment shall be moved to make the election of directors annual. I remember no provision of the kind is contained in the bill. This company is intended to act outside of this district. It is intended to operate in Cumberland, and from the mines in that region coal is to be transported down the canal to Washington; and it is authorized to do general trading business. I do not see how this corporation can become a monopoly any more than a common partnership or any other combination of men who may engage in the coal business. know a great many attempts have been made to incorporate these companies, and for myself I'. prefer that Congress should pass a general act of incorporation rather than to do as we have been doing. In looking into this charter I see nothing objectionable, nor do the committee who make this report, in the provisions contained in this bill. Some of the men who are named as in corporators may be men to whom members may take personal exception. I do not know that. It was a matter not considered by the committee. We considered the incorporation for this purpose, and we did not think there was anything in this bill which could lead to the consequences spoken by the Gentfrom Iowa.
Mr. WENTWORTH, I wish to ask the gentleman a question. We have lately passed a bill enfranchising a certain class of our fellow citizens. Now, before they can assume their rights in this District it seems to me we are chartering away all of those rights. It seems to me these charters should be given without distinction of race or color. [Laughter] We ought to live up to the faith we profess. I therefore suggest to the gentleman to insert the name of John D. Johnson, a well known and respectable man, known to every member of this House, who I am certain owns as much proomany of those who are named here.
Mr. WELKER. I will let the gentleman move the amendment.
Mr. WENTWORTH. I move then to substitute the name of John D. Johnson for that of Charles Knap. He will be a representative of our colored brethren who were lately enfranchised.
The SPEAKER. No amendment is now in order.
Mr. ELDRIDGE. I do not object if it is understood we shall have the yeas&nays on the amendment.
Mr. WENTWORTH. Certainly. I want the country to see we are living up to our professions.
Mr. FARNSWORTH. I ask whether there are any coal mines in the DistCol?
Mr. STEVENS. Is this an act of incorporation to work coal mines?
Mr. WELKER. Yes, sir; and for the transportation of coal, &c.
Mr. STEVENS. I desire to say I look upon it then as the most pernicious proposition before this House this year. The idea of incorporating companies to interfere with private enter prise where private capital is. Cotmpetent seems to me to be a great mistake. It was tried in Pennsylvania 30 years ago when our coal mines were 1st worked, and it was found to be injurious to all private interests, There was a general uprising against it by the mining districts, and it has long since been rejected as utterly untenable. I object to the whole matter without regard to the particular features of this bill. 22.
Mr. WELKER. Is it not true a large number of companies are now engaged in mining. coal in Pennsylvania?
Mr. DAVIS. There is a large number of companies in Pennsylvania doing business, transporting coal, &c., and I ask whether it is under any general law?
Mr. STEVENS. There is a law by which companies may build railroads and carry upon them anything they choose, whether coal or anything else. There were originally compa nies formed to work mines, simply as miners, but Pennsylvania has repealed those charters and refuses to renew them.
Mr. DAVIS. I suspect the Gentfrom Pennsylvania, while he has been giving very strict attention to his public duties as a member of Congress for a few years past, has over looked the legislation of his own State. I undertake to say that in 1863 the Legislature of Pennsylvania passed a general statute authorizing the formation of coal corporations, with the right of transportation; that in 1864 that statute was amended, and that both those acts are now on the statute book of Pennsylvania. Now, I know nothing about this bill or the character of the parties to be incorporated under it.
Mr. STEVENS. Does the gentleman refer to any special law or to one open to all?
Mr. STEVENS. Oh, certainly; undoubt ediy.
Mr. DAVIS. But the objection the gentleman made was that these corporations were interfering with the rights of individuals.
Mr. STEVENS. I referred to the former practice of creating special corporations. A general law has since been passed allowing everybody to embark in the business.
Mr. DAVIS. Was the charter of the Pennsylvania Coal Company, or the Delaware and Hudson Canal Company, or the Delaware, Lackawanna and Western Railroad Company repealed or abolished? [r. STEVENS. The charters for those coal companies were long ago granted in Pennsylvania, and they did not undertake to abolish them, although there was a very strong protest against them, and no such charters have since been granted.
Mr. DAVIS. The gentleman said all these corporations were abolished.
Mr. STEVENS. So far as they had an opportunity to do it; these old charters were irrepealable lawS.R.HOOPER, of Massachusetts. I find in looking at this bill “that said company is authorized and empowered to rent, purchase, and hold such real estate as may be necessary to carry into effect the objects of their organization, and to build thereon all necessary docks, wharves, ships, roads, and buildings for their own use and accommodation; to rent, purchase, and hold coal mines for the purpose of mining the same; to build, purchase, own, and rent boats propelled by steam or otherwise, to carry freight, and passengers, ” &c. Now, I wish to ask the Gentfrom Ohio [Mr. WELKER] how this affects the coal trade beyond the limits of the U.S.; whether there is any limit to the power of this company in regard to mining, building, and general transportation by ships and steamboats within as well as outside the limits of the States?
Mr. WELKER. In reply to the gentleman I will say that so far as the bill, is concerned there is no limitation; but I apprehend a corporate company in the DistCol would not possess any advantages upon the broad seas over any other oil.engaged in that branch of trade.
Mr. HOOPER, of Massachusetts. Then it free to extend itself over the whole U.S.
Mr. WELKER. I do not know whether this company intend to extend their business; I am not advised as to that.
Mr. HOOPER, of Massachusetts. They have the power to do it under this bill,
Mr. WELKER. I suppose they can buy vessels, go across the ocean, and do that class of business; but they can do that I suppose without an act of incorporation if they have money enough to buy vessels,
Mr. HOOPER, of Massachusetts. This is an act to authorize almost any kind of business and confines it to no id:; except that the company itself is here in Washington.
Mr. WELKER. This corporation is like all others that have been created by Congress to transact business in the DistCol. There has been no special limitation as to the place where they may do business, and this is as general as other bills that have heretofore been reported by this committee and adopted by Congress. e do not of course undertake to limit the right of the company to trade wherever they can otherwise than by requiring them to obey the laws of the States in which they may transaet business.
Mr. FTHOMAS. I came in but a moment ago. I understand the Gentfrom Ohio [Mr. WELKER} to say that it was intended this corporation should operate in the district I have the honor to represent. I feel warranted therefore in making this inquiry. I would be glad to know whether these corporators are to be responsible in their individual capacity for the contracts of the corporation.
Mr. WELKER. In answer to that I will state that the bill itself provides that the stock holders shall be individually liable to the amount of their stock, and the Gentfrom Iowa [Mr. PRICE] has moved an amendment, which is now pending, to make them liable for double the amount of their stock.
Mr. WELKER, I desire to say to the Gentfrom Maryland that there is a provision in the bill which requires the company to transact their business according to the laws of the State in which they may transactit.
Mr. WILSON, of Iowa. I move to lay the bill upon the table. The motion was agreed to.
Mr. WILSON, of Iowa, mtRtv the bill was laid upon the table; upon the table. agreed to. SINEKING FUND.
Mr. RANDALL, of Pennsylvania, by unanimous consent, from the ComBanking&Currency, reported back a bill to authorize the issue of Treasury notes, not bearing interest, to be used in providing a sinking fund for the extinguishment of the national debt, with a substitute; and moved that the bill be recommitted, and, with the substitute, ordered to be printed. The motion was agreed to.
Mr. BLAINE mtRtv the bill was recommitted; upon the table. agreed to. FIRE AND MARINE INSURANCE COMPANY.
Mr. MERCUR, from the ComDistCol, reported back, with sun dry amendments, bill of the Senate No. 98, to incorporate the Metropolitan Fire and Marine orance Company. the District of Colum 181. The bill was read. The amendments reported by the committee were then agreed to.
Mr. WENTWORTH, I ask the gentleman to allow me to have inserted in the list of corporators the name of John D. Johnson.
The SPEAKER. The gentleman cannot accept an amendment to a bill reported from a committee. The amendment can be made. unanimous consent or by a vote of the house. No objection being made, the amendment of Mr. WENTworth was agreed to.
Mr. MERCUR. I will, with the leave of the House, state the general features of this bill. This bill provides that this company shall have a capital of not less than $100,000 nor more than $1,000,000; that at the time of subscribing to the stock the sum of 20 dollars shall be paid in on each share of the stock subscribed, and that the balance shall be secured by mortgage, or notes indorsed, or bonds, which shall be approved by the directors of the company. bill further provides that 20 dollars more on each share of stock subscribed shall be paid in at such times as the directors shall designate, not exceeding 6 months after the company shall have commenced business. It also provides that no dividends shall be made by the company greater than 6%., unless there shall be remaining on hand a surplus of at least $20,000. There is another clause by which it is provided that annual statements showing all the affairs of the company shall be filed in the office of the SecyInterior; and that those statements shall also be published for 6 weeks, as often as once a week, in 2 of the daily newspapers of the city of Washington. Upon the question of security, this bill provides that the stockholders shall, in addition to their stock, beliable to an additional amount, not greater than the amount of capital stock subscribed by them, for the debts and liabilities of the company. It is believed that all the safeguards are thrown around this corporation which the interests of the public may require. Some of them have been inserted in view of the dispo.sition indicated by the House upon a former bill of like character which was before it for consideration.
Mr. WILSON, of Iowa. I noticed, as the Clerk was reading the bill, that there was a provision in it declaring that no stockholder shall become liable to the corporation or asso. I demand the previous ciation as the drawer or indorser to an amount greater than 20%. of the amount of the stock held by him.
Mr. MERCUR. I think the Gentfrom Iowa [Mr. Wilson] has misunderstood the bill in that respect.
Mr. WILSON, of Iowa. I have a very distinct recollection of hearing those words read.
Mr. MERCUR. The bill provides that no stockholder shall be required to pay an assessment of more than 20%. of his subscription at anyone time.
Mr. WILSON, of Iowa. I am satisfied I heard what I have stated, in connection with the words “drawer or indorser, ” and I could not see the propriety of such a provision in this bill, unless it rested upon another portion of the bill, to wit: that part which declares that the directors of this corporation shall have the power to determine what use shall be made of the profits of the association. Now it occurred to me that by taking these 2 sections of the bill together it might be discovered to be the intention of these corporators to engage in the business of banking.
Mr. MERCUR. They are expressly prohibited from doing that.
Mr. WILSON, of Iowa. I know there is a limitation in the bill prohibiting them from issuing notes to circulate as money. But there is nothing there which prohibits them from engaging in the exchange and broker age business, for instance. And therefore it occurred to me that in that view of the case it was very proper to provide that no stock holder shall become liable as a drawer or indorser to more than 20%. of his stock. And if I am correct in my view of the bill, it seems to me the House, in ostensibly incorporating an insurance company, will not be pleased to incorporate also a banking institution. There is one other suggestion which I wish to make to the gentleman. A corporation an insurance company for instance incor porated in one State can transact business
The SPEAKER. The morning hour has expired, and the bill goes over till tomorrow. The Chair will state, in reply to some inquiry which has been made why the ComDistCol has 4 mornin hours, that on Wednesday and Thursday. this week, the committee was called in regular order for public business. On last Satur day the House, by unanimous consent, when the call for private business had reached the ComDistCol, granted 2 morning hours to that committee. Thus the committee has 4 morning hours; and this bill goes over as unfinished business for tomorrow. PRIVATE CALEN DAR.
Mr. DELANO. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the private Calendar. I make this motion in obedience to the wish of the ComClaims. The motion was agreed to ayes 58, noes 40. The House accordingly resolved itself into the ComWhole (Mr. PRICE in the chair) and proceeded to the consideration of bills and JtResolutions on the Private Calendar, as follows: JAMES POOL. P oact (S.No.311) for the relief of James OOl. The bill was read. It authorizes and directs the SecyInterior to pay to James Pool $1, 287 10. 4 foand 87 dollars and 50 cents of this amount are to be paid out of any annuities or moneys ayable to the Senecas and Shawnee Indians, if there be any, and if none, then the whole sum is to be paid out of the Treasury of the U.S.,
Mr. WASHBURNE, of Illinois. no report in this case?
Mr. JOHNSON. There is no report made to this House in this case. But the bill has passed 3 times in the Senate, and I have Is there here the Senate report, which I ask the Clerk to read.
Mr. SLOAN. I move to amend the bill by adding the following proviso: Provided, That before any money shall be paid under this act, the city of Washington shall file with the Treasurer of the U.S. a receipt to the effect that the city has received the amount to be paid by virtue of this act in full of all claims against itnhge Government for grading, paving, and construct sewers in the streetsof said city. I will state my reason for offering this amendment. The claim which this bill proposes to Wo: the same claim which the corporation of Washington presented before the ComWays&Means; and that committee a short time ago reported an appropriation of many 1000s of dollars to liquidate this very claim. If this claim is to be presented by the city before different committees of this body, I think it prudent that, when the claim is paid, the Government shall have some voucher to show its liquidation. If jo." we do not take this have very great doubts whether the payment of this money will either settle the claim or even reduce it. We may have the same claim, swelled to a much larger amount, presented to some future Congress. I trust that the amendment I have offered will meet the approval of the committee.
Mr. SLOAN. The truth is, as I understand, that the city has no legal claim for reimbursement of this money. It incurred this expenditure without authority of law, and I am opposed to recognizing it.
Mr. WASHIBURN, of Massachusetts. The gentleman is wholly mistaken. That was the case until Congress passed a law that we should pay for the improvements according to the property we owned on these different avenues and reservations. These expenses to that extent, then, were made under the law binding us to pay according to the property we own. We left no charge in the jF.according to law. Some of these expenditures were made at the request of the ComrPubBldg and Grounds. There is so much for sweeping Pennsylvania avenue. It belonged to the Government to do that; but the government not having the force necessary to do it at the time needed asked the city to do it. The money was expended in that way. So far as the principal items were concerned, they were all according to a law passed subsequent to the time to which the gentleman refers; and after the money was expended they came before Congress, and a law was passed providing that the Government should pay its proportion of these claims according to the amount of property it owned bordering on these avenues and streets. This is founded simply on that law.; SLOAN. Was this work done before 1864
Mr. WASHBURN, of Massachusetts. Most of it and I think all of it was done since 1864.
Mr. SLOAN. I think the Gentfrom Massachusetts is mistaken; I think the principal portion of the work for which this claim was put in was done before 1864, and some of it many years before; so that I am not mistaken in saying that by the law as it stood when this work was performed the city should only be reimbursed i. the Government to the extent of the fund derived from the sale of these lots. It had no right to expect it; it had no claim on the General Government beyond that. The law of 1864 is prospective in its operation, and perhaps binds the Government to pay its ratable proportion of the work thereafter. But we are proposing to pay this money upon a prior claim which has no legal foundation. As I was about to remark, I am opposed to recognizing the practice on the part of the city or of individuals of going on and expending any amount of money in the expectation that Congress will subsequently legalize their acts and reimburse the amount they have expended. It is time, I think, that we laid down a rule that we will not pay such claims unless there is a law of Congress authorizing the work to be done.
Mr. INGERSOLL. Will the Gentfrom Massachusetts allow me a word?
Mr. WASHBURN, of Massachusetts. Yes, Slt.
Mr. SLOAN. }". I yielded the floor to the Gentfrom Illinois, and I will now resume it.
Mr. INGERSOLL. I did not so understand. I understood that I held the floor by the cour tesy of the Gentfrom Massachusetts,
Mr. Washburn] who has charge of the bill.
Mr. SLOAN. I yielded the floor to the gentleman.
The CHAIRMAN. The Chair understood that the Gentfrom Massachusetts had the floor, and yielded it to the Gentfrom Illinois, [Mr. INGERsoll]
Mr. INGERSOLL. I so understood it. I should certainly feel grateful to the Gentfrom Wisconsin if he had yielded the floor to me.
Mr. WASHBURN, of Massachusetts. I will yield for a moment to the Gentfrom Illinois [Mr. INGERsoll] to close his remarks.
Mr. SLOAN. The point of order I make is that I was speaking and that the Gentfrom Illinois [Mr. fjj"the privilege of making some remarks, and he took the floor from me: and I submit that it is out of order for the Chair to decide that he obtained the floor from the Gentfrom massachusetts.
The CHAIRMAN. The Chair understands that the Gentfrom Massachusetts [Mr. W]had the floor and yielded it to the Gentfrom Wisconsin, [Mr. SLoAN:] that the Gentfrom Wisconsin finished his remarks, and that the Gentfrom Illinois is now occupying the floor by the consent of the Gentfrom Massachusetts.
Mr. SLOAN. Then I was mistaken. I understood that I was recognized as entitled to the floor.
Mr. INGERSOLL. I will not detain the committee longer than to say that after the careful examination had in reference to this elaim by 3 committees of this House I would deem it an act of injustice longer to withhold the amount due to the city of Washington.
Mr. SLOAN. I only desire to say that my understanding is very different from that of the Gentfrom Illinois. I understand that the Government takes the trouble and expense of selling these lots and the proceeds of the sales go to the city.
Mr. INGERSOLL. The gentleman is mistaken in regard to that.
Mr. SLOAN. Most of the cities of this Union purchase grounds for their public parks, and after having purchased them adorn and take care of them. The Government does that for this city, and yet the city claims that the Government shall not only do that, but afterward improve and adorn them. It is asking more than justice requires at the hands of Congress.
Mr. WASHBURN, of Massachusetts, resumed the floor.
Mr. INGERSOLL. Can I have one minute more?
Mr. WASHBURN, of Massachusetts. Well, you may take half a minute.
Mr. INGERSOLL. The reason why the Government of the U.S. stands in a different position toward this city than the States do toward the cities in their limits is, that Congress has always reserved exclusive jurisdiction over the avenues and streets of the city. The city cannot even lay out a street or alley in this District without the consent of Congress; and having this jurisdiction over the city, we have made ourselves liable for the payment of these claims of Mr. WASHBURlN Massachusetts. I yield now to the Gentfrom Illinois.
Mr. DELANO. I hope the amendment suggested by the Gentfrom Illinois [Mr. WAshburn E] will be adopted. The committee who have reported this claim have not done so out of any feeling of favoritism to ward the city of Washington, or from any opinion that the city of Washington had very strong claims upon the Government. We have examined this account with these feelings, and have rejected from it every item which we felt we could reject with justice. I desire to move an amendment to the amendment of my colleague on the committee, the Gentfrom Wisconsin, [Mr. SLOAN]
Mr. WASHBURN, of Massachusetts. Will not the gentleman permit the amendment of the Gentfrom Illinois [Mr. WashBURNE] to be 1st offered?
Mr. DELANO. Is the amendment of the Gentfrom Wisconsin [Mr. Sloax] now pending?
The CHAIRMAN, (Mr. PRICE in the chair.) It is.
Mr. DELANO. I would suggest to the Gentfrom Wisconsin [Mr. Sloax] to withdraw his amendment until the amendment of the Gentfrom Illinois [Mr. WAshburn E] can be offered and acted upon.
Mr. SLOAN. I will do so, with the understanding that I shall have an opportunity to renew it.
Mr. WASHBURNE, of Illinois. Ine w move to amend this bill by adding the following: Prorided further, That no money shall be paid undcrithis act until after a full examination of all the iutreym, s by the proper accounting officer of the Treasand proof under oath that the work was done at fair and reasonable prices.
Mr.SI.OAN. I now move to further amend this bill by adding the following: And provided further, That before any money shall be paid under this act the city of Washington shall file with the Treasurer of the U.S. a receipt to the effectthat the city has received the amount to be paid by virtue of this act, in full of all claims against the Government for the grading, paving, and constructing sewers in the streets of the city of Wash:ington.
Mr. DELANO. I move to amend the amendment of the Gentfrom Wisconsin [Mr. SLoAN] by adding to it the words “to the date of May 5, 1864.” I will renew it myself if
Mr. WASHBURN, of Massachusetts. I would suggest to the Gentfrom Ohio [Mr. DELANo) to say May 23, 1865.
Mr. DELANO. The law is dated May 5, 1864.
Mr. WASHBURN, of Massachusetts. The last item of this bill is under date of May 23, 1865.
Mr. DELANO. Very well; I will modif my amendment as the gentleman suggests. will now simply state my reasons for this amendment. Under the act of May 15, 1820, the ComrPubBldg was authorized to pay, out of a certain fund that was expected to arise from the sale of city lots, the Government proportion of the expense of improving the streets, &c., of this city. The exhaustion of that fund has rendered the Commissioner unable to pay what accrued under that act up the date of the passage of the general law of May 5, 1864, by which it was provided that in future, from May 16, 1864, the proportion of these expenses properly charge able to the property of the Government should be o: by the U.S. This account is for the Government's proportion of these expenses arising previous to the passage of this law and under the law of 1820. W. have sifted these charges with as much care as we could bestow upon them, and we believe that we have reduced them to as low an amount as they can be reduced to hereafter. These expenses are to be paid under the law of 1864; and it is proper that the city should give the Government a receipt in full for all expenses up to 1864. This is all there is of the case. I hope the ComWhole will concur in the action of the ComClaims, for I think we shall never get the claim in a more favorable shape for the Government. The amendment of Mr. DELANo to the amendment of Mr. Sloan was agreed to. The amendment as amended was adopted.
Mr. UPSON. I move further to amend the bill by adding the following as a new section: Abife:, That section 3 of an act entitled “An act to amend an act to incorporate the inhabitants of the city of Washington, passed May 15, 1820.”approved May 5, 1864, be, and the same is hereby, repealed.”
Mr. WASHBURN, of Massachusetts. I must object that this is not a proper amendment to this bill. We have spent considerable time upon this bill, and I think it is now in as good a shape as it is likely to be hereafter if we reject it at the present time. If the House sees fit to reject the bill, let it be done fairly. But let us not undertake to attach to the bill an irrelevant provision for the repeal of an existing law.
Mr. UPSON. If the Gentfrom massachusetts still holds the floor, I desire that he may yield to me a few moments that I may explain the purpose which my amendment is designed to accomplish. Its object is to incurring avoid the expenditure
Mr. WASHBURN, of Massachusetts. I do not yield to the gentleman. I submit the point of order that the amendment is not pertinent to this bill.
The CHAIRMAN. The Chair sustains the point of order. TULLER AND FISHER. A JtResolution (H.R.No. 175) to author.ize the SecyTreasury to audit and pay the claim of Tuller & Fisher. The JtResolution was read. The preamble recites that the horses, coaches, stages” and means of transportation of essrs. Owen Tuller and Ulysses E. Fisher, mail contractors on mail route No. 10648, between Springfield and Rolla, in Missouri, were fo in the military service and taken possession of and used by competent military authority, by reason of which a large amount of such property was captured by the enemy and lost to the contractors. The JtResolution proposes to authorize and require the SecyTreasury to have the claim of Tuller Fisher audited, and to pay to them out of any money in the Treasury not otherwise appropriated the amount that shall be found due them for such losses, not exceeding $12, 500.
Mr. WASHBURNE, of Illinois. the reading of the report. The report was read.
Mr. THORNTON. This resolution proposes merely to authorize the SecyTreasury to audit this claim. The only question which the case presents is whether the government will pay for property seized for its use and the use of its Army during the recent war, It appears very clearly from the proof in this case that the claimants were contractors to carry the mail from Rolla to Springfield; that the parties had determined to abandon the contract, to give it up in consequence of the interference of armed rebels with their coaches and horses; that in consequence of this determination on the part of the contractors the military authorities interfered, compelled them to continue the carrying of the mails, and refused to permit them to remove their horses and coaches from the route. The carrying of the mail was continued under the orders of the military authority, these contractors being allowed no option in the ease. The simple question is, will congress authorize the auditing of this claim and the payment of these parties for horses and coaches thus taken from them? I hope this resolution will be laid aside to be reported to the House.
Mr. THORNTON. I call for I call the gentleman's attention to the resolution itself. It authorizes the SecyTreasury to audit the claim and to pay the amount found to be due on full investigation.
Mr. BENJAMIN. I do not know that removes my objection. We know the SecyTreasury is not going out to hunt up testimony. We know the claimants are the only parties who will be represented before him. If we are going to legislate upon these matters let us do it by general law,
Mr. DRIGGS. I want to say, Mr. Speaker, that I approve the remarks of the Gentfrom Missouri, not because I am opposed to the recognition of these claims as a matter of right, but because we discriminate against all similar claims, some of which have as much if not more merit than the one now before the House. I need only remind gentlemen of the case of Mr. Bingham, of Alabama, a loyal man who suffered everything during the war. He furnished provisions for our forces as they passed through Alabama. He presented a small claim for $1, 800, and yet the committee reported against it. For a little while after coming to Washington he held a clerkship, but he has been removed because I suppose he is a radical. You refuse to pay him although he is now destitute, while you propose to pay these claimants. As the Gentfrom Missouri says, if we open the door we should establish the same rule in reference to all of these parties. Then the question comes up, are we able at the present time to open the door to so many as will present themselves? I will be as willing as any gentleman upon the floor to recognize and pay these claimants when we can do it; but I do not think it right to discriminate in favor of these individuals when so many of equal merit are cut off by our rule.
Mr. WASHBURN, of Indiana. I agree with the Gentfrom Missouri [Mr. BEN JAMIN] and the Gentfrom Michigan [Mr. Driggs] that there are cases of great hardship that cannot be reached at present. The case of Bingham comes under the resolution which this House adopted, that parties in the insur gent States, until they are reconstructed, shall wait for the adjustment of their claims. Their claims may be just and right; but the House has decided that being so unfortunate as to reside in a State in rebellion they must wait a short time before they can be adjusted.
Mr. BENJAMIN. Does the gentleman say that the State of Missouri was in rebellion?
Mr. WASHBURN, of Indiana. I am not speaking of any claims of my friendfrom missouri. Imentioned no claim in particular but that of Mr. Bingham, of Alabama, which was referred to.
Mr. BENJAMIN. I will merely state that Missouri never was in rebellion, and there are 1000s of claims in that State unadjusted.
Mr. WASHBURNE, of Illinois. I desire to say but a few words upon this subject about which my colleague foingERsoli.] seems to have worked himself into quite a passion. I do not know why he considered it necessary to refer to me, and to say that if this claim had been made by citizens of the Galena district I would be found supporting it here. I can only say that there has been no claim presented here by citizens of the Galena district that I have supKpo.rted since my colleague has been here.ingERSOLL. I made the remark by way of compliment to my colleague, for I never knew him to fail to advocate any claim that came from the Galena district, and very properly, I have no doubt.
Mr. WASHBURN, of Indiana. If the gen. tleman will allow me, I desire to call his attention to a portion of the report in this case, which seems to have escaped his attention.
Mr. WASHBURNE, of Illinois. I will hear it.
Mr. WASHBURN, of Indiana. The report states: “At this period, and at least as early as the 1st of March, 1863, Colonel S. N. Boyd, then a military officer in the volunteer service of the U.S., and since a member of this House from Missouri, in junction with other citizens, applied conto the commanding officer of that military dept and obtained an order taking possession, of their horses, wagons, stages, harness, forage; of all their means of transportation and storesused in themail servieeon said route, and appoied the same to military useand purposes of the Government.”
Mr. WASHBURNE, of Illinois. I was perfectly aware of what is there stated, and was coming to that very point. That raises another question: whether a military commander can seize the property of anybody he pleases for any purpose he pleases, whether good or bad, and render the Government liable? I contend that the Government is not liable. I contend that Colonel Boyd, a patriotic gentleman, who was a member of the last Congress, had no authority to bind this Government.
Mr. WASHBURN, of Indiana. It was not he that issued the order; he obtained an order from the proper military authority.
Mr. WASHBURNE, of Illinois. That makes no difference. I concede that he was the proper military authority; but that is immaterial. I say that the Government is not bound by these orders of military commanders. I think it unsafe for us to adopt a rule which would remder the Government liable for the action of its military commanders. I do not think this House will ever adopt such a rule.
Mr. INGERSOLL. I ask, the Gentfrom Illinois [Mr. THoRNToN] to yield to me for a moment, that I may make an explanation.
Mr. THORNTON. I yield to the gentleman for one minute.
Mr. INGERSOLL. My colleague [Mr. WASHBURNE] has of course, without intending it done me injustice. I did not say that this Government would act dishonorably if it refused to pay this claim. I did, however, make the remark that if the Government of the U.S. should repudiate its honest debts it would be dishonored; and I reiterate it. I agree fully with all that my colleague has said with regard to the liberality, the magnanimity, and the grandeur ofernment; this govand I feel an interest in maintaining its honor, so that its grandeur and glory may continue undimmed and may grow more resplendent. I am here, not alone to guard the Treasury of the U.S., not alone to protect the interest of my Rmmediate constituents, but to preserve, so far as I may be able, the honor of the whole country.
Mr. THORNTON. I now yield for a few moments to the Gentfrom Ohio, [Mr. DELANo.
Mr. DELANO. Mr. Chairman, I desire to state to the committee in as few words as possible the facts which control this case. On the question of the assumption of liabil ities by the Government much has been said with which I do not agree. I think that cases of this sort are best argued by presenting simply and clearly the facts on which they rest. The claimants in this case were contractors before the war for carrying the mail in missouri. After the war broke out the troubled condition of affairs in that State rendered it, as they saw, almost impossible for them to continue to carry the mail certainly impossible without subjecting themselves to terrible losses by the loss or destruction of their property. nder these circumstances they applied to the Government to be released from making the effort to carry the mail. The Government declined to release them. The mail service was considered so important that the Government insisted they should go on and do the best they could, promising them all the aid that could be given by the troops of the U.S. They went on and carried the mails; and in doing so they suffered heavy losses. Their horses and coaches were captured.
Mr. BOUTWELL. Will the gentleman allow me to ask him a question?
Mr. BOUTWELL. Did not these contract o rs receive from the Government their regular contractors?
Mr. DELANO. The Government, as I understand, paid them the contract price, but Ine extra pay.
Mr. HoRwell. They went on as contractors?
Mr. DELANO. They went on as contract. ors under the contract. Of course they went on at the importunity of the Government. They were not permitted to surrender their contract. The Government paid them, I am told, only for the trips actually made. The question arises whether the parties who have attempted to serve the Government under such circumstances when service was demanded, and who have sustained inevitable losses thereby, are to be paid. The committee agreed that this mail service was important to the Government. The committee thought it was one of the simplest cases, but the House can draw its own conclusions. It has nothing to do with the claims of disloyal States or i. States under the rule adopted by the House. It is simply whether these contractors, who entered into a contract before the war, who went on after the war being promised the aid of the Government, who sustained all this loss, should be paid for it by the Government. One other view of this subject. If this could be said to be for property destroyed by the enemy in the ordinary sense of the term I would not vote for it. A private citizen can make no claim for property destroyed by the enemy. He must take his chance. As God orders, so he must endure. These parties suffered these losses while serving the Government at the importunity of the Government, and I do not think the case stands in the line of the principle alluded to. The resolution simply provides what they have actually lost in the effort to serve the Government shall be ascertained by othe proper accounting officers and paid is all. The JtResolution was laid aside, to be reported to the House with the recommendation that it do pass. riseM.
Mr. STEVENS moved that the committee The motion was agreed to. The committee accordingly rose; and The SPEAKer having resumed the chair, Mr. Prio, reported that the ComWhole House had according to order had the Private Calendar generally under consideration, and had directed him to report the following bills and JtResolution to the House, with the recommendation that they do pass: A bill (H.R.No. 710) to pay and discharge certain debts and expenditures to the corporation of the city of Washington;JtResolution (H.R.No. 175) to audit and pay the claim of Tuller & Fisher, of Missouri and A bill (S.No.311) for the relief of James Pool. EVENING SESSION.
Mr. INGERSOLL moved that the House take a recess from half past 4 o'clock till half past 7 o'clock p.m., for the purpose of having an evening session to be devoted to debate only. The motion was agreed to. DEBTS DUE TO WAShingtoN CITY.
The SPEAKER. The 1st bill reported from the ComWhole House is House bill No. 710, to pay and discharge certain debts and expenditures to the corporation of the city of W.with an amendment. The amendment was concurred in. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. TULLER AND FISHer
Skip Skip The question next recurred on House JtResolution No. 175, to audit and pay the claim of Tuller & Fisher, of Missouri, and also reported from the ComWhole House with a recommendation that it do pass. The JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.Mr. BENJAMIN demanded the yeas&nays on the passage of. the JtResolution. yeas&nays were ordered.
Skip Skip The question was taken; and it was decided wold, Harris, Hart, I W. Hubbard, Hulburl, Humphrey] in the affirmative–yeas 75, nays 37, not voting 79; During the roll call Mr. LeBLOND stated that Mr. HARRIs was detained from the House in consequence of the illness of his wife.Mr. HOGAN. I desire to state that my colleague, Mr. Noell, is unable to be present. Mr. RANDALL, of Pennsylvania. I wish to state that my colleague, Mr. STRouse, is about in consequence of sickness in his family. The vote having been announced as above recorded Mr. WASHBURN, of Indiana, mtRtv the JtResolution was passed; upon the table. agreed to. JAMES POOL. The last bill reported from the ComWhole was Senate bill No. 311, for the relief of James Pool. The bill was ordered to be read a 3rd time; and was accordingly read the 3rd time and passed. ENROLLED BILL AND RESOLUTION SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill and JtResolution of the following title; when The SPEAKer signed the same: An act (H.R.No. 964,) in regard to the compensation of route agents in the postoffice dept.JtResolution (H.R.No. 229,) to procure a site for a building to accommodate the postoffice and U.S. courts in NewYork city. Hawkins, Edwin RECONSTRUCTION. The House resumed the consideration of House bill No. 543, to provide for restoring to the States lately in insurrection their full political rights, on which Mr. DoNNELLY was entitled to the floor.
Mr. ELDRIDGE's remarks the hour of half past 4 having nearly arrived, on motion of Mr. LeBLOND, by unanimous consent the session was extended till a quarter to 5 o'clock, at which time, pursuant to order, the House took a recess till 7 and a half o'clock p. m. EVENING SESSION. The House reassembled at 7 and a half o'clock p. m., (Mr. EcKLEY in the chair.)
Mr. KOONTZ obtained the floor, but gave way to Mr. HENDERSON, who moved that the House adjourn. The motion was agreed t;o and thereupon (at ten o'clock and ten minutes p. m.) the House adjourned.
The PRESIDENT protempore laid before the Senate a communication from the SecyWar, transmitting; in compliance with the requirements of the 5th section of the act of April 21, 1808, a list of the contracts made by the officers and agents of the engineer dept during the year 1866. The communication and accompanying papers were referred to the ComMilAffrs .
Mr. HENDRICKS, from the ComNavAffrs, to whom was recommitted the bill (S., No. 452) to authorize the SecyNavy to accept League Island, in the Delaware river, for naval purposes, and to dispense with and dispose of the site of the existing yard at Philadelphia, reported it without amendment.
Mr. POLAND, from the ComJudiciary, to whom was referred the resolution of the HoRep proposing an additional joint rule for the appointment of aJtCom on Public jand Grounds, asked to be discharged from its further consideration, and that it be referred to the ComPubBldg and Grounds; which was agreed to.
Mr. iANE, from the ComPensions, to whom was referred the petition of Kennedy O'Brien, late a private in company K, 5th Indiana volunteers, praying for an increase of pension, submitted a report accompanied by a bill (S.No.512) for the relief of Kennedy O'Brien. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. e also, from the same committee, to whom was referred the petition of Patrick Meehan, of Decatur, Indiana, praying to be allowed a onsign; submitted a report accompanied by a ill (S. No.513) granting a pension to Patrick Meehan. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred the petition of Charles Appleton, late of the U.S. Army, praying for an increase of pension, submitted a report accompanied by a bill (S.No.514) for j. relief of Charles Appleton. The bill was ‘read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred the petition of Mrs.ernestine Becker, widow of Leopold Becker, late captain of company D, 24th regiment Illinois infantry, praying to be allowed a pension, submitted a report accompanied by a bill (S.No.515) granting a pension to Mrs.ernestine Becker. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred the petition of Jacob C. Went worth, of Somersworth, NewHampshire, praying that a pension may be granted him on account of a disability incurred while a lands man on board the U.S. frigate colorado, submitted an adverse report, and asked to be discharged from the further consideration of the subject; which was agreed to. MRS. MARY E. FINNEY.
Mr. EDMUNDS. I am instructed by the ComPensions, to whom was referred the petition of Mrs. Mary E. Finney, praying to be allowed the 3 months' extra pay due her late husband, Solon H. Finney, a lieutenant in the 6th regiment Michigan cavalry, to report a bill for her relief; and I ask that the bill may be considered at this time and put upon its passage, if there be no objection. By unanimous consent the bill (S.No.511) for the relief of Mrs. Mary E. Finney, widow of 1st lieutenant Solon H. Finney, late of the 6th regiment Michigan cavalry, was read twice and considered as in ComWhole. It directs the payment to her of the 3 months' extra pay proper which her hus band by law would have been entitled to receive had he been mustered out of service after April 9, 1865, he having died of wounds received in battle on the 9th of April, 1865. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.516) additional to an act granting lands to aid in the construction of a railroad and tele graph line from Lake Superior to Puget Sound, on the Pacific coast, by the northern route; which was read twice by its title, referred to the ComPacificRR, and ordered to be printed.
Mr. STEWARI asked, and by unanimous consent obtained, leave to introduce a bill (S.No.517) to reimburse S. B. Wallace and others expenses incurred by them for the suppression of Indian hostilities; which was read twice by its title, and referred to the ComIndAffrs.
Mr. STEWART. I desire also to present certain, vouchers and papers explanatory of that bill, and ask to have them referred to the same committee. They were so referred. COLORED SCHOOLS IN THE DISTRICT.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent, and agreed to Resolved, That the ComDistCol be instructed to inquire whether or not the corporation of Washington has conformed to the requirements of the several acts of Congress in relation to the support of colored schools in the cities of Washington and Georgetown, DistCol; and that said committee be instructed to report the facts, and recommend such action as may be deemed necessary and proper; also, that said committee have authority to call for persons and papers.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSoN, its Clerk, announced that the House had passed the following bills and JtResolutions, in which it requested the concurrence of the Senate: A bill (H.R.No. 140) to restore Lieutenant Joseph P. Fyffe to his grade in the active service of the Navy; A bill (H.R.No. 710) to pay and discharge certain debts and expenditures to the corpora.tion of the city of Washington; A bill (H.R.No. 843) for the relief of Rufus C. Spalding, paymaster in the U.S. avy; A JtResolution (H.R.No. 175) to audit and pay the claim of Tuller & Fisher; and A JtResolution (H.R.No. 216) for the restoration of Lieutenant Commander S. L. Breese, U.S. Navy, to the active list from the retired list. ENROLLED BILL SIGNED. The message further announced that The SPEAKer of the House had signed the enrolled bill (S.No.311) for the relief of James Pool; and it was thereupon signed by the President protempore of the Senate. ORDER OF BUSINESS.
Mr. HARRIS. I move that the Senate proceed to the consideration of Senate bill, o. 438.
Mr. WADE. I hope not. I hope we shall proceed to the consideration of the unfinished business of yesterday; that is, the bill to authorize the extension of a branch of the Baltimore and Potomac railroad into this city. I suppose it will not take long to dis. ose of it, and there is a reason why it should [. acted upon at once. It is the unfinished business. I do not know what bill the Senator proposes to call;up but there is a reasonwhy this one should be considered and disposed of Mr. HARRIS. I have a small bill that I have been desirous of having action upon all this session, but still I will not press it against the Senator's wishes.
Mr. SUMNER. I should like to call up the resolution that I offered yesterday, which is merely asking for information, and have it acted upon.
Mr. HARRIS. The bill that I havemoved to take up is a bill for the relief of the heirs of John E. Bouligny. However, I will waive my motion until the bill of the Senfrom Ohio is disposed of.
The PRESIDENT protempore. The mo.tion of the Senfrom NewYork is with: drawn.
Mr. WADE. I move to proceed to the con. oration of the unfinished business of yester. ay.
The PRESIDENT protempore. The unfinished business of yesterday is Housebill No. 598, being the bankrupt bill. Senators in favor of the motion to proceed to the consideration of the unfinished business, being the bankrupt bill, will say “ay;” those opposed, "no." The motion was agreed to.
The Secretary read the title of the bill as follows: A bill to establish a uniform system of bankruptcy throughout the U.S..
Mr. WADE. I do not know how that bill comes up in preference to this other bill; but I will move to postpone all prior orders and take up House. No. 888. I do not suppose it will take long to dispose of it. {{. SHERMAN. I suppose the misapprohension grew out of my colleague moving to take up the unfinished business of yesterly instead of the unfinished business of yesterday's morning hour.
Mr. WADE. The unfinished business of. the morning hour, as I understand, is the bi which I have in my hand, House bill No. 38.
The PRESIDENT protempore. The motion of the Senfrom Ohio was that the Senate proceed to the consideration of the unfinished business of yesterday, and the Soir put the motion. That bill is House bill No. 598, to establish a uniform system of bankruptcy throughout the U.S..
Mr. WADE. Then, if there is anything in that point, I will move to amend the motion as to proceed to the consideration of the un" finished business of the morning hour of Jo terday.
The PRESIDENT protempore. Both mo.tions were in order.
Mr. Poi. AND, I shall not object to gentleman occupying the time until oneo'clo The presi protempore. The Senfrom Ohio moves that the Senate proto the consideration of the bill (H.R.No. 388) to authorize the extension, construt to", and use of a lateral branch of the Bali and Potomac railroad into and within the DistCol. fin
Mr. LANE. I understood that the unfinished business of the morning hour was fo bill in regard to the appointment of P agents. morning hour certainly of when we were about to vote upon that, i k
Mr. WADE. The gentleman is mist" This bill was up last in the morning hooed
Mr. LANE. The morning hour P. when we were upon that pension bill acco"4 to my recollection.
The PRESIDENT protoo. The Senfrom Ohio names this bill Housebi the 388, and the Chair states the question. Senate as being the motion to take up i. ins Whether it be the unfinished business '. morning hour or not, the Senfrom makes the motion that the Senate proceed to its consideration. The motion is in order.
Mr. PQLAND. I should like to inquire whether if this motion prevails and this bill is now taken up, it will interfere with the regular order at one o'clock, the unfinished business of yesterday.
The PRESIDENT protempore. The unfinished business will come up under the rule at one o'clock.
Mr. POLAND. I have no objection, then. BALTIMORE AND POToMAC RAILROAD. The motion of Mr. WADE was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 388) to authorize the extension, construction, and use of a lateral branch of the Balti more and Potomac railroad into and within the DistCol.
Mr. WADE. I have never heard that the colleague of the Senfrom Maryland took any particular interest in this matter.
Mr. JOHNSON. He told me so; but it was at the last session, it is true.
Mr. WADE. I do not deny that; but I never heard anything of it before, and certainly that gentleman's colleague here is a very able advocate for any interest that Maryland may have. There are reasons why this bill should be passed as soon as it may be; but I should not like to be guilty of any act of discourtesy. It does seem to me that the opposition to the bill is hardly capable of any very strenuous advocacy from any quarter, however able it may be. I can only say that there are many interests affected anxious for the passa of this bill, and it has already been o; delayed.
Mr. HENDRICKS. I should like to ask the Senator where this road is to run; what road it is.
Mr. WADE. The main road is to run from Baltimore to the Potomac river in the neigh borhood of Port Tobacco, passing near the county seat of Prince George's county, Marl boro’. That is the direction of the main line of the road according to the charter, with power in the company to establish lateral branches without any limitation. That is the power granted in the charter and passed upon twice by the State of Maryland. The company have commenced ol.on the road and are very anxious, as they naturally would be, to know whether they are to be permitted to run a branch of their road into this District or not; and the only question now before Congress is whether or not they shall be authorized to do that. Of course they can make their other road because Maryland has said they might; but they cannot come into the District unless Congress gives them leave to do so, and that is the only HUstion here.
Mr. HENDRICKS. I wish to ask the Senator another question, whether this branch was contemplated by the Legislature. Is it provided for in the act of incorporation?
Mr. WADE. I do not know. The language of the statute is general, without any restriction. I suppose they can run branches where they please, provided they can get authority from the proper jurisdiction, and Maryland cannot stop them. The 12th section of their charter I will not read the whole of it, it is too long provides that the company “May make and construct all works whatever which may be necessary and expedient in order to the proper completion and maintenance of said road, and they may make or cause to be ways in any direction whatever frommadtehelatseariadl rraaiill road, and for the construction, repair, and mainte nance thereof.” It seems to be as large a power as could be given, without any limitation.
Mr. HENDRICKS. I do not think the subject is much understood in the Senate; I know I do not understand it, and therefore I ask the Senator these questions. I ask him now how much of this road will be in the State of Maryland and how much in the DistCol 2
Mr. WADE. I do not know exactly; but I suppose some ten or 12 miles of it will be in Maryland and the remainder in the District, some 3 miles perhaps; but that I only guess at.
Mr. WADE. And about 3 miles in the District, I am told.
Mr. JOHNSON. I do not know where the main stem will run. If the main stem runs from Marlboro'
Mr. JOHNSON. If that is the point from which the lateral road is to be made, it would be 12 or 13 miles I think till it would reach the District line.
Mr. WADE. I do not know the distance which the route of this road will be, but I believe Marlboro' is 16 or 18 miles from here.
Mr. JOHNSON. It cannot run more than 4 or 5 miles in the District if it comes in on that side of the District.
Mr. WADE. It runs near Marlboro' and is to come from there into the District.
Mr. JOHNSON. The distance from the District line to Marlboro' is about ten or 12 miles in Maryland; but the whole length of the road will be I suppose 30 miles from there to Baltimore;.then they have to run to the Potomac river also.
Mr. GRIMES. Will it go to Annapolis or near it?
Mr. HENDRICKS. I want to know the Senfrom Maryland I suppose can inform me how far from the point where this branch leaves the main line it runs in Maryland and how far in the District of Columbla.
Mr. WADE. Both parties were before the committee and the route was marked out and mapped. It was said by one of the parties that this would be a shorter road to Baltimore than the present road. The other contended that it would not be much shorter. On actual survey it was claimed by the advocates of this new road that the distance to Baltimore by the route proposed would be 4 miles shorter than by the present road; but I suppose it makes no great difference whether they were precisely accurate or not in that.
Mr. FRELINGHUYSEN. I should like to inquire whether the road this bill authorizes is entirely within the DistCol, so far as the bill which is now before the Senate is concerned, or whether any part of it is in Maryland.
Mr. WADE. This bill proposes to give authority to construct the road in the District and to bring it to the city. That is exactly what this bill is for, and all there is in it. I do not think there is any reason why we should not pass it at once.
Mr. HENDRICKS. With the information I have on this subject, I cannot vote for this road. The commercial and traveling interests of the country do not seem to require another road between this city and Baltimore. At the commencement of the war there was a difficulty because the Baltimore and Ohio branch had but one track; but during the war, for the purpose of accommodating the increased businesss of transportation of munitions of war and commerce and passengers, a 2nd track was laid down by that company between this city and Baltimore, making a very admirable road, as far as I have observed and heard; and that road is well managed, well conducted. A very large capital has been put into that road and into the main Baltimore and Ohio road a road of great importance to the western country a road that competes well with the Pennsylvania Central in transporting our western productions; and I would not wish to construct, for the purpose of speculation, a competing road, that is not called for by the business of the country. With the information I now have on the subject I cannot vote for this bill. I regard the Baltimore and Ohio road as of very great importance to the western country, especially that commerce and business that goes into Cincinnati from our State and from other western States. I should be reluctant to vote for any road that would cripple it to any extent. teMer. YATES. Having been on the commit
Mr. WADE. I move that the unfinished business be informally passed over, that the Senate may proceed othe consideration of this bill.
Mr. POLAND. I have yielded to the gentleman and to almost every other gentleman, and if I could be satisfied that nothing remained to be done but simply to take a vote on this bill I should be quite content to have that done; but I see very strong indications that that is not to be the case. I cannot consent to let the regular order go by.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business, which is House bill No. 598, the bankrupt bill; that bill is before the Senate and will be read.
Mr. WADE. I move to othat bill for the purpose of continuing the consideration of the bill which has been before the Senate.
Mr. JOHNSON. Ihope that will not be done in the absence of my colleague. I know last session he was very anxious to be here when this bill should be considered; and he will be here on Monday no doubt, or on Tuesday any how.
Mr. YATES. Having been on the committee where this matter has had very thorough consideration, and where we heard the colleague of the honorable Senfrom Maryland, Iarose to state that from the investigation before the committee I understand that this road in its entire length is 71 miles, and the branch is ten miles; and the only privi. lege the company ask is to come into Washington with their branch. I cannot appreciate the argument of my friendfrom Indiana that another road from Baltimore to Washington will be any crippling of the enterprise or business of the great West. I hope that the motion to postpone will prevail, so that we may go on with the bill.
Mr. WADE called for the jo.&nays, and they were ordered; and being taken, resulted yeas 10, nays 21; 21. So the motion of Mr. WADE was not agreed to. HOUSE BILLS REFERRED. The following bills and JtResolutions from the House of.were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 140) to restore Lieutenant Joseph F. Fyffe to his grade in the active service of the Navy to the ComNavAffrs. A bill (H.R.No. 710) to pay and discharge certain debts and expenditures to the corpora.tion of the city of Washington to the ComDistCol. A bill (H.R.No. 843) for the relief of Ru fus C. Spalding, paymaster in the U.S. Navy to the ComNavAffrs. A JtResolution (H.R.No. 175) to audit and pay the claim of Tuller & Fisher, of Missouri to the ComClaims. A JtResolution (H.R.No. 216) for the restoration of Lieutenant Commander S. L. Breeze, of the U.S. Navy, to the active list from the retired list to the ComNavAffrs. BANKRUPT BILL.
The PRESIDENT protempore. The unfinished business of yesterday is the bill (H.R.No. 598) to establish a uniform system of bankruptcy throughout the U.S., which is now before the Senate as in ComWhole. It will be read.
The Secretary read the bill at length. The 1st amendment reported by the ComJudiciary was in section 3, line two, to strike out the word “circuit” and insert “district;” so as to read: That it shall be the duty of the judges of the district courts of the U.S. within and for the several districts, &c.
Mr. GRIMES. I beg to inquire of the senator who has charge of this bill why it is proposed to take this power away from the circuit judges and to confer it upon odistrict judges.
Skip Skip The question being put on the amendment, a division was called for.
Mr. HOWE. If there is to be a division I shall vote against this amendment proposed by the committee. It seems to me the ground upon which it is urged is a mistaken one, and will be found so practically. I do not think, le, those appointments be made by either the district or the circuit judge or the Chief Jus tice of the Supreme Court, he will ever be guided by what he knows personally of the fitness or unfitness of his appointees; he will be guided by the opinions of the bar practicing in his court, let who will make the appointment.
Mr. POLAND. Then what difference does it make who appoints them?
Mr. HOWE. It does make a decided difference who appoints them in some States. There is no more reason either why the judge should personally know the individual to be appointed than there is why the POTUS should know the individuals whom he is called upon to appoint. I think the circuit judge can be trusted with the selection of these officers, by and with the advice and consent of the bar of his circuit; and it seems to me to be a reflection upon the character of the circuit judges that they should be stricken out of the bill, and the district judges substituted in their place; I shall therefore vote against the amendment.
Mr. GRIMES. I am not prepared to say that the proposition in the bill which comes from the HoRep is the wisest that could be devised. I do not pretend to say that it would be expedient to let in the last instance all these appointments be made by the Chief Justice of the Supreme Court; but what I would like to get, if I could, would be an opportunity to vote in favor of conferring this power on the circuit judges of the respective circuits, instead of conferring it upon the local district judges. In the 1st place, it seems to me that is where it ought to be lodged from various considerations, and I have heard no reason as signed by the Senfrom Vermont why it should not be lodged there except that it is presumed that the district judges are better informed of the personal and professional qualifications of the people within their districts than the members P the Supreme Court are when performing circuit duty; and he illustrates it by reference to the case of his own particular State. That is not the case generally I think. I think that as a general thing the circuit judges, certainly in the northwestern country, perform all the duties imposed upon them by the laws of the U.S and hold their respective circuit courts; and I apprehend that they are almost, if not quite, as familiar with the personal characteristics and qualifications of the citizens who would be competent to perform the duties that are required of these officers as the judges of the district courts are. I shall therefore vote against this amendment, and if it does not carry, I hope we shall so frame the section as to confer the power upon the circuit judges entirely.
Mr. WILLIAMS. My vote on this amendment reported by the committee would be in fluenced by the action the Senate may take on the other amendment which is to follow it, if I could know what that action would be. I think it is not very important whether these appointments are made by the circuit or the district judges if they are made upon the nomination or recommendation of the Chief Justice of the SCOTUS I believe that that clause of the section ought to be retained. I think that under existing circumstances the amendment which has been recommended by the committee to strike out that clause ought not to be adopted; and if that clause which the committee move to strike out is retained in the bill, I do not care whether the district or circuit judges make the appointments. If that clause be retained, I have nothing further to say; but I have some choice, so far as my State is concerned, betweenthe district and circuit judges in the making of these appointments.
Mr. GRIMES. I desire to say that that would entirely satisfy me and those few gentlemen who think as I do upon this subject. I am perfectly content that the word “circuit” should be stricken out and the word “district” inserted in its place, provided the other clause is retained which the committee have proposed to strike out.
Mr. POLAND. It would not make much once how this was arranged if that was eft in.
Mr. HOWE. Mr. President, I rise to try and express my sense of obligation to the Senfrom Maine for having stated the actual reasons which control my vote on this amendment. I should have stated them myself if I had felt at liberty to introduce political topics into the Senate; but after the voting we have had for a few days past I did not feel authorized to indulge in any such line of argument. But it is. true, as is very frankly and considerately stated by the Senfrom Maine, that there happens to be a judge presiding in the circuit in which I live who, at the last dates, was a Republican; and it is true that there happens to be presidin in the district a judge who, both at the last an the earliest dates which I have ever consulted, was not a Republican; and I did not like, under those circumstances, to agree to an amendment which proposed to strike out the circuit judge and put in the district judge. As I said before, I should have stated that reason in the outset if I had not felt hereafter called upon to go to some church for political discussions, and leave the Senate.
Mr. GRIMES. I desire to say to the Senfrom Maryland that I believe I did not attribute any motive whatever to the ComJudiciary in proposing this amendment.
Mr. WILLIAMS. I should like to ask the Senator if he supposes that because a President or a judge makes appointments from among his own political friends, therefore he assumes that all the men in the opposite party are dishonest and disqualified for office. Does not the Senator know that every President we have ever had, in appointing supreme judges, has made appointments from among his political friends; and does not the Senator know that in those States where judges are elected they are elected from among those who have the political majority in the State? I think it is entirely unjust to assume that because these appointments are made from among the friends of the appointing power, therefore those on the other side of the political question are assumed to be dishonest or disqualified. It is human nature. The honorable Senator can stand up and profess to be entirely disinterested, entirely free from any party bias or party feeling; but every man who has had anyone that it is human nature for a man who has the appointing power to prefer his political friends to his political enemies, all other things being equal; and I do not know, but I should suppose from the generous nature of the honorable Senator, that he would frankly avow that he would rather prefer, as a usual thing, his political friends to his political enemies.
Mr. WILLIAMS. I do not believe in it, but I can name a place in the U.S. where the Senator's political friends do adopt that expedient.
Mr. HENDRICKS. If this Senator's political friends do that, this Senator condemns it most emphatically.
Mr. HENDRICKS. I do not care where it is done, or by whom it is done, it is a mean thing, it is a dirty thing, it is below even the dignity of party warfare and ought to disgrace the man who does it among honorable men.
Mr. HENDRICKS. I am glad the honorable Senfrom Oregon agrees to all that. Upon one subject, then, we are agreed. Now, sir, this is a simple question whether in the discharge of some mine r duties under the district judge, the appointment of the officers to discharge them shall be made by him. I am sat isfied in my State which ever way you fix it, because it does not make any difference. I am willing to trust, Mr. Justice Davis to appoint any nominee that belongs to his court; and so of Judge MacDonald, both of them gentlemen of high standing in their profession, and of integrity, as I believe.
Mr. FRELINGHUYSEN. Mr. President, while listening to the remarks of my friendfrom Maryland, [Mr. JoHNson, ] I concurred with his view; but on reflection it seems to me that there are advantages in having these officers appointed upon the nomination of the Chief Justice. I can see that there may be a good deal of strife for this office of register among the bar, and that the district judge may be placed in very unpleasant circumstances in being called upon to decide it, and that therefore it would be better if the nomination was made by the Chief Justice. The Chief Justice would of course confer with the district judge and not act in opposition to his views. Then, again, in some of our Federal courts there has grown up the practice of appointing sons and nephews and brothers, owould be avoided if the appointment were made by the Chief Justice. It is a very important office, one not beneath the dignity of the Chief Justice to take into consideration. I have no doubt that everybody agrees with the remarks made by the Senator who last addressed us that all partisan feelings should be excluded from this subject, but there are substantial reasons why it would be better that the appointment should be made by the Chief Justice, who no doubt would act with the concurrence of the district judge.
Mr. GRIMES. The question I believe is on striking out the word “circuit” in the 2nd line of the 3rd section.
The PRESIDING OFFICER, [Mr. MoR RiLL] And inserting the word “district” in its place.
Mr. GRIMES. I am perfectly willing that that amendment shall be concurred in. I believe I was the one who made the objection and called for a division upon it; but I with draw the objection. I am content that the Then it is not peculiar I call for the yeas and word “district” shall be substituted for the word “circuit.”
The PRESIDING OFFICER. The Senfrom Maryland called for the yeas&nays upon the amendment.
Mr. JOHNSON. I withdraw the call if the objection is not insisted upon.
The PRESIDING OFFICER. The question, then, is on agreeing to this amendment, reported by the ComJudiciary. amendment was agreed to. The next amendment was in section 3, lines 4, 5, and 6, to strike out the words, “upon the nomination and recommendation of the Chief Justice of the SCOTUS, ” so as to read: That it shall be the duty of the judges of the district courts of the U.S. within and for the several districts to appoint in eachcongressional district in said districts, one or more registers in bankruptcy, to assist the judge of the district court in the performance of his duties under this act.
Mr. GRIMES. That amendment I hope will not be concurred in.
Mr. JOHNSON. I ask for the yeas&nays on the amendment. The yeas&nays were ordered.
Mr. FESSENDEN. I should like to inquire how that would operate; whether it is sufficiently expressed: “ shall be made by the district judge upon the nomination.” Does that mean that the nomination is to be conclusive, and that when that nomination is made the district judge is to appoint?
Mr. POLAND. As the inquiry is directed to me, I will state that it was not Ho by me. It is a question upon the construction of the language. My honorable friendfrom Maine would be a better judge of that than I should be myself. It seems to me that it is substantially giving the appointment to the Chief Jus tice. o the U.S.
Mr. FESSENDEN. I have no objection to that. The question being taken by yeas&nays, resulted yeas 14, nays 16; 22. So the amendment was rejected. The next amendment was to strike out the following clause in section 3, lines 8, 9, ten, 11, and 12: In case of disagreement, between the judges of said court as to such appointments, or in case.of vacancy in the office of o district judge, the presiding of the circuit court shall determine the number of appointments to appointments. be made, and make such
Mr. POLAND. This amendment must be made of course. This portion of the section went upon the ground that this appointment was to be committed to 2 persons, and provided in case of difference who should have the casting vote, the choice; but inasmuch as we have confined it to one, of course this portion must be struck out.
Mr. FESSENDEN. It struck me on the reading that that clause referred to the number of appointments instead of the appointees. “In case of disagreement between the judges of said court as to such appointments.” Does not that apply to the number of appointments to be made?
Mr. POLAND. It is not material to what it does refer. This whole matter is now left to a single judge instead of two, and therefore there is no necessity for any provision about a difference of opinion.
Mr. FESSENDEN. Of course it should go out, then.
Skip Skip The amendment was agreed to. The next amendment was in section 5, to insert after “court, ” in line ten, the words “in accordance with the rules prescribed under the 10th section of this act;" so as to make the section read: Sec. 5. Abife:, That the judge of the district court may direct a register to attend at any place within the district for the purpose of hearing such voluntary applications under this act as may not be opposed, of ofany meeting of credit ors or receiving any proof of debts, and generally for the prosecution of any bankruptcy, or other proceed iongs under this act; and the traveling and incidental of such register, and of any clerk or other officer attending him, incurred in so acting, shall be settled by said court in accordance with the rules prescribed under the 10th section of this act, and paid out of the assets of the estate in respect of which such register has so acted, or if there be no such assets, or if the assets shall be insufficient, then such expenses shall form a part of the costs, &c.
Mr. POLAND. In the 25th line of this same section there is an amendment which ought to be made to make it conform to the present condition of the bill in relation to the appointment of these registers. It now reads: “Such register shall be subject to removal by the judges of the circuit court.” It should read, “judge of the district court.”
Mr. POLAND. “Such register shall be subject to removal by the judge of the district court, ” &c. I move that amendment.
The PRESIDENT protempore. That amendment will be made in order to make the bill consistent with what has previously been done. The next amendment was in section ten, line 3, to strike out the words “five commissioners” and insert “any 2 of the associate justices of the Supreme Court;” and in line 4 to strike out “appointed “ and insert “se lection;” so as to read: Sec. 10. Abife:, That the Chief Justice of the SCOTUS, with the assistance of any 2 of the associate jus tices of the Supreme Court, to be selected by said justice, and subject to the provisions of this act, shall frame general orders for the following purposes, &c.
Mr. POLAND. There are 2 or 3 corrections necessary in order to make this section correspond with the amendment that has been made. I move in line 26 after the word “time, ” to strike out the words “when approved by the Justice of the Supreme Court so designated;” in line 28 to add the letter “s” to the word “justice;” and to strike out all after the word “approve” in the 2 9th line, in the following words: The district judges shall be eligible to act as such commissioners. No pay or compensation shall be allowed to Section. such commissionersfor servicesunder this So that that portion of the section will read: After such general orders shall have beensoframed they, or any of them, may be rescinded or varied, a other general orders may be framed in manner afore said, and all such general ordersso framed shall, from time to time, be reported to Congress, with such suggestions as said justices may approve.
Mr. POLAND. The word “approve” in the 2 9th line, the last word in that section, should be stricken out, and the words “think proper” substituted.
The PRESIDENT protempore. That amendment will be made, as it is merely a verbal correction. The next amendment was in section 14, to strike out the following clause in lines 27, 28, 29, 30, 31, 32, and 33: “And such other property not included in the fore going exceptions as is exempted from levy and sale upon execution by the laws of the State in which the bankrupt has his domicile at the time of the commencement of the proceedings in bankruptcy, to an amount not exceedingthat allowed by such State exemption laws in force in the year 1864:” so as to make the 1st proviso to that section read: Provided, however, That there shall be excepted fromof. of the provisions of this section the necessaryhousehold and kitchen furniture, and such other articles and necessaries of such bankrupt as the said assignee, shall designate and set apart, havin referencein the amount to the family, condition, an circumstances of the bankrupt, but altogether not to exceed in value, in any case thesum of $500; and also the wearing apparel of such bankrupt and that of his wife and children, and the uniform, arms, and equipment msiloitfiaanoyrpienrstohnewsheorviisceor of the U.S and such other property as now is, or hereafter shall be, exempted from attachment, or seizure, or levy on execution by the laws of the U.S.
Mr. HOWARD. I move that the Senate adjourn. I want time to consider this subject. The motion was agreed t;o and the Senate adjourned.
###HOUSE OF REPRESENTATIVES, SATURDAY, January 19, 1867. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. ALEXANDER H. COFFROTH.
Mr. BENJAMIN. I ask unanimous consent to submit the following resolution: Resolved, That the Sergeant at Arms be, and is hereby, authorized and directed to pay to H. Coffroth the amount of increased pay oAflemxaenmdbeer r of this House by law, from the commencement of the 39th Congress to the period when he ceased to be a member.
Mr. KOONTZ. Mr. Speaker, there is a legal question involved in this resolution, and I move to refer it to the ComJudiciary.
Mr. WOODBRIDGE. There is another question of that kind before the ComJudiciary, and I hope it will be referred to that committee. The resolution was accordingly so referred. Subsequently Mr. BENJAMIN entered a mtRtv the resolution was referred. PUBLICATION of congressionAL GLoBE.
Mr. WILSON, of Iowa, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComPrintg be, instructed to inquire into the expediency of providing for the publication, of the Globe in the ona style of the debates of the British Parlia Hloil DAKOTA GEOI,00ICAL SURVEY.
The SPEAKER laid before the House a memorial of the Legislature of the Territory of Dakota relative to a geological survey of the Black Hill country; which was referred to the ComAppropriat, and ordered to be printed. FIRE AND MARINE INSURANCE COMPANY.
Mr. BRANDEGEE. I call for the regular order of business.
The SPEAKER. This being private bill day, the 1st business in the morning hour is the consideration of Senate bill No. 98, to incorporate the Metropolitan Fire and Marine Insurance Company of the DistCol; which was reported from the ComDistCol, and pending at the expiration of the morning hour on yesterday.
Mr. MERCUR, I move to further amend the bill by adding to section 5 the following: Said corporation shall have power to reinsure any risk which may betaken by them or any part thereof, in the discretion of the officers or directors of the company.
Mr. PRICE. I wish to offer one or 2 amendments to this bill before it is put upon its passage. In the reading of the yesterday I noticed that it provides that no larger dividends than 6% shall be declared unless the surplus profits of the company shall exceed $20,000. }. bill, however, does not restrict the company from declaring a dividend at any time of 6%, or less, though they may have no profits at all. Now, it will be readily perceived by members that under this provision this company may divide the capital stock up in dividends when there is no surplus of profits from which to pay dividends. In my opinion such a provision as that ought not to be allowed to go into any bill of this character, for it is perfectly ruine us, allowing the stockholders or directors for the stock holders to do that which certainly has never been allowed to be done in this country. Now, I would suggest to the gentleman who has charge of the bill [Mr. MERCUR] that it should be so amended that no dividends shall be d.eclared unless the company shall have on at the time a certain amount of surplus profits.
Mr. MERCUR. I have no objection to such an amendment.
Mr. PRICE. Then I move to amend the bill in the section providing for the declaration of dividends so as to provide that no dividends shall be declared unless the company shall have on hand at least $20,000 of net profits.
Mr. DAVIS. I would suggest to the GentIowa [Mr. PRICE] that he better frame his amendment so as to provide that no dividends shall be declared by the company except from the profits of the company.
Mr. PRICE. I think the amendment I have suggested will cover the whole ground. I desire to provide that no dividends shall be declared unless the company shall be in possession of at least $20,000 of net profits.
Mr. DAVIS. The gentleman will excuse me, I hope, if I still urge upon his attention the fact that the language which he has employed does not fully accomplish the purpose i. states he has in view. According to the amendment which the gentleman suggests the company are not to declare any dividends of any amount unless they have at least $20,000 of net profits on hand. But there is nothing to prevent the company, after they shall have accumulated $20,000 of net profits, from going on and making their dividends from the capital. I suppose the purpose of the gentleman is to have the dividends declared from the profits, and the profits alone. i.PRICE. That is what I seek to accomlsh. p
Mr. DAVIS. The language employed by i. gentleman in his amendment does not do that.
Mr. PRICE. My intention is that the company, after the declaration of any dividends, shall have on hand at least $20,000 of net profits; that no declaration of dividends shall reduce the surplus profits below that amount.
Mr. DAVIS. I would suggest to the gentleman to modify his amendment so that it shall provide that no dividends shall be declared except from the profits of the company, nor unless there shall be a surplus of at least $20,000 net profits after the payment of the dividend.
Mr. PRICE. Ition. will accept that modifica The amendment, as modified, was agreed to.
Mr. PRICE. I, wish to make another sug. gestion. if I understood the bill correctly as it was read, it provides that any number of direct. ors may be a quorum for the transaction of business. Now, I do not know whether the Gentfrom Pennsylvania [Mr. MERCUR] noticed that provision of the bill; but he must see at once the propriety of making it read that any number not less than so many, which ought to be not less than one half, shall constitute a quorum to transact business.
Mr. MERCUR. The bill provides that the directors shall determine what number of their body shall constitute a quorum.
Mr. PRICE. Precisely; and they may determine that one member shall constitute a uorum, and thus place the entire business of the company under the control of one man, which would be ruine us to the interests of the company and of the public. I move to amend by inserting the words “not less than 2/3rds of the entire number.”
Mr. MERCUR. I will agree to an amendment saying “one half.”
Mr. PRICE. Very well; I will move that amendment.
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time. The question was upon the passage of the bill. Mr. . I call for fo yeas&nays on the passage of the bill. The yeas&nays were not ordered. Mr. WILSON, of Iowa. I move that the bill be laid on the table. On the motion there were ayes 46, nays 30; no quorum voting. M. WASHBURNE, of Illinois. I call for the yeas aird mays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative–yeas 09, nays 54, not voting 68; So the bill was laid on the table. Mr. WILSON, of Iowa, mtRtv taken; on the table. agreed to.
The SPEAKER. The time allowed to the ComDistCol for private business has expired. The call of committees for private business will now be resumed where it was arrested on the 12th instant.
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.453) entitled “An act to regulate the tenure of offices, ” in which the concurrence of the House was requested. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill (S.No.811) entitled “An act for the relief of James Pool;” whereupon The SPEAKer signed the 8turne. Rufus C. Spai, ding.
Mr. RICE, of Massachusetts, from the ComNavAffrs, reported back, with a recommendation that it pass, a bill (H.R.No. 843) for the relief of Rufus C. Spalding, a paymaster in the U.S. Navy. The bill, which was read, proposes to authorize and require the SecyTreasury, in adjusting the accounts of Rufus C. Spald:ing, as paymaster in the Navy of the U.S., to credit Spalding with $14, 563 78, be:ing the amount stolen from the quartermas ter's safe at the naval station at Mound City, Illinois, on the night of December 21, 1865; which sum stands charged to his account as paymaster.
Mr. DRIGGS. I would like to hear some explanation of this bill.
Mr. WILSON, of Iowa. I wish to know the facts concerning the leaving of the safe keys in a desk in the same room. I think we ought to have a more particular statement than the gentleman has yet given.
Mr. RICE, of Massachusetts. As I have stated already, Paymaster Harvey was sent out by the Navy Dept to be the asst of Paymaster Spalding. Paymaster Harvey himself was a bonded officer of the Government, and responsible for the correct discharge of his duties. He had charge of this small sum at Mound City. I may say this sum of $54,000, which I call a small sum, was small in comparison with the amount in the custody of Paymaster Spalding. He had $475,000 at Cairo and other places of safe keeping. The disbursements at Mound City amounted to from 20 to 50,000 dollars a day, and therefore he had at Mound City the sum of $54,000, and that at the time of the robbery was in the possession of Paymaster Harvey, who made payments from the safe. He had o of the safe, and put them into his own esk.
Mr. WILSON, of Iowa. I wish to ask the Gentfrom Massachusetts whether the committee considered this question: whether the relief proposed to be extended to Paymaster Spalding will not also extend to Paymaster Harvey; and whether it is the intention of the committee to relieve Paymaster Harvey as well as Paymaster Spalding.
Mr. RICE, of Massachusetts. I will answer the gentleman by saying it is not the intention of the committee anybody should be relieved from responsibility under this bill except Paymaster Spalding. It appears from the evidence in the case that Paymaster Spalding was not responsible, and that Paymaster Harvey will be left to settle his own accounts as well as he may.
Mr. WILSON, of Iowa. Paymaster Spalding is held responsible because Paymaster o: was acting under his orders. Paymaster Spalding, as I understand the case, in consequence becomes responsible to the Government for the loss of this property, and that responsibility will not attach to Paymaster Harvey except through Paymaster Spalding. Hence in relieving Paymaster Spalding we relieve Paymaster Harvey, who was negligent in the discharge of his duties in leaving the keys of a safe containing $54,000 in a desk in his office, so any person could take it, as some person did.
Mr. RICE, of Massachusetts. reply to the gentleman by saying that the statement would undoubtedly be true if Harvey had simply been the clerk of Paymaster Spalding. But the fact was that Harvey was himself asst paymaster in the Navy and a bonded officer, responsible to the Government for the proper discharge of his duty.
Mr. WILSON, of Iowa. If the responsibility then rests upon Paymaster Harvey, I do not see the necessity of relieving Paymaster Spalding. But if the responsibility is upon Paymaster Spalding, and it is necessary to relieve him, then it occurs to me this may extend to Paymaster Harvey.
Mr. RICE, of Massachusetts. In answer to that I will state that the custom of the Navy Dept is to charge all the money sent to the chief paymaster in charge. Paymaster Spalding was there in charge; the accounts were opened with him alone before this assist.ant was sent to him. The asst went to him by the Dept, but went in the capa. city of a bonded officer. I will state to the gentleman and to the House that the Navy dept have relieved Paymaster Spalding, as far as it was in their power, and that the additional responsibility under which he is held is merely technical, but still of a character that ‘of’. should be asked to relieve. I yield now to the Gentfrom Ohio, [Mr. ScFIENke
Mr. RICE, of Massachusetts. The gentleman can move that amendment.
Mr. SCHENCK. I will do so, but I do not wish to be understood as stating that even Paymaster Harvey should be responsible for the loss of this money. But if anybody should be held responsible, it should be Harvey. I move to amend the bill by adding the words “that nothing herein contained shall be so construed as to exempt from official or personal liability upon his bond Asst Paymaster Harvey.’
Skip Skip The amendment was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and engrossed, it was accordingly read the thir time.Mr. SPALDING. I ask to be excused from voting on this bill. No objection was made, and Mr. SPALDING was accordingly excused from voting. The bill was then passed. Mr. RICE, of Massachusetts, mtRtv the bill was passed; upon the table. agreed to. Josefit P. Fyffe.
Mr. RICE, of Massachusetts, from the ComNavAffrs, reported back, with a substitute, House bill No. 140, to restore Lieutenant Joseph Fyffe to his grade in active service in the Navy. The substitute was read. It authorizes the POTUS to nominate, and, by and with the advice and consent of the Senate, to appoint Lieutenant Joseph P. Fyffe to the active i. of the Navy, and to restore him to the rank to which he may be entitled therein.
Skip Skip The substitute was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. RICE, of Massachusetts, mtRtv the bill was passed; upon the table. agreed to. S. L. BreeSE.
Mr. BRANDEGEE, from the ComNavAffrs, reported back House JtResolution No. 216, for the restoration of Lieu tenant Commander S. L. Breese, U.S. Navy, to the active list from the retired list. The JtResolution was read. It authorizes the POTUS to nominate and by and with the advice and consent of the Senate to appoint, Lieutenant Commander S. L. Breese to the active list of the Navy, with the rank to which he may be entitled thereon.
Skip Skip The JtResolution was then orderengross and read "a 3rd time; and bein engrossed, it was accordingly read the thir time, and passed. Mr. BRANDEGEE mtRtv the JtResolution was passed; upon the table. agreed to. PAUL S. FORBEs.
Mr. KELLEY, from the ComNavAffrs, reported back, with amendments, Senate JtResolution No. 99, for the relief of Paul S. Forbes, under his contract with the Navy Dept for building and furnishing the steam screw sloop of war i. The bill was read. It authorizes the SecyNavy, as in his judgment he deems best, either to accept the steam screw sloop of war Idaho of the contractor, Paul S. Forbes, at the contract price of $600,000, or to transfer the said sloop to said contractor, on the latter giving bond with good and sufficient security, to be approved by the SecyNavy, to.to the for within 6 months of the date of such transfer all advances of money made by Government on account of the construction and equipment of said vessel. The committee recommend that the bill be so amended as to instruct the SecyNavy to accept the steam screw sloop of war Idaho from the contractor, Paul S. Forbes, at the contract price of $600,000.
Mr. WASHBURNE, of Illinois. I understand that the amendment recommended by the ComNavAffrs proposes to take away from the SecyNavy all discretion in this matter, and directly instructs him to accept this vessel and pay the contract price.
Mr. KELLEY. That is what the committee o
Mr. WASHBURNE, of Illinois. I hope the amendments of the committee will not be agreed to by the House.
Mr. KELLEY. I do not know that I can more briefly and clearly state the facts involved in this case than by asking that the petition of Mr. Forbes be read.
The SPEAKER. The morning hour has expired, and this bill will go over to the morning hour of the next private bill day. ENGINEER CONTRACTS FOR 1866.
The SPEAKER laid before the House a communication from the SecyWar transmitting in compliance with the act of April 21, 1808, a list of the contracts made by the officers of the engineer dept during the year 1866; which was laid upon the table and ordered to be printed. PATAPSCO Ship Chann EL.
The SPEAKER also laid before the House a communication from the SecyWar, transmitting, in answer to a resolution of the House of , 8, 1867, a report by the chief of engineers relative to the ship chan nel of the Patapsco river; which was referred to the ComCommerce, and ordered to be printed. AFFAIRS IN UTAH.
The SPEAKER also laid before the House a communication from the SecyWar, transmitting, in answer to a resolution of the House of January 3, 1867, reports of the tours of inspection made by General Rushing and General Hazen; which, with the accompanying documents, was laid upon the table, and ordered to be printed. TENURE OF OFFICE.
Mr. HALE. I ask unanimous consent that a bill now on The SPEAKer's table be ordered to be printed; I refer to Senate bill No. 453, to regulate the tenure of offices. No objection being made, the bill was accordingly ordered to be printed.
Mr. WILLIAMS. Would it be in order at this time to move the reference of that bill to the ComJudiciary?
The SPEAKER. That would require unan imous consent.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FortNEY its Secretary; announced that the Senate hai passed a bill (S.No.511) for the relief of K. Mary E. Finney, widow of 1st lieutenant Solon H. Finney, late of the 6th regiment Michigan to: in which the concurrence of the House was requested. MILITARY ROAD.
Mr. PAINE, by unanimous consent, introduced a bill to amend an act entitled “An act anting land to the States of Michigan and .to aid in the construction of a military road from Fort Wilkins, Copper Harbor, Rewenaw county, in the State of Michigan, to Fort Howard, Green bay, in the State of Wisconsin, ” approved March 3, 1863; which was read a 1st and 2nd time, and referred to the ComPubLands. TRADE MARiks.
Mr. MOORHEAD, by unanimous consent, introduced a bill relating to trade marks: which was read a 1st and 2nd time, an referred to the ComPatents. GEORGE W. FISH.
Mr. BANKS. I desire unanimous consent to move that the ComClaims be discharged from the further consideration of the bill (S.No.} for the relief of George W. Fish, and that the bill be referred to the ComFornAffrs.
Mr. WASHBURNE, of Illinois. I would like to hear the bill read, so that we may deter mine to which committee it should properly go.
Mr. BANKS. The ComForAffrs has had the subject under consideration. The bill, which was read, proposes to direct the SecyTreasury to pay to George W. Fish $1, 825 04, in full pay for consular services as to U.S. consul at Ning Po, China, and for exchange due him.
Mr. WASHBURNE, of Illinois. This bill should properly go to the ComCommerce; but I will not object to the proposition of the Gentfrom Massachusetts, [Mr. BANKs] There being no objection, the motion of Mr. BANKs was agreed to. BOUNTIES OF CALIFORNIA TROOPS.
Mr. BIDWELL, by unanimous consent, submitted the following resolution: Resolved, That the ComMilAffrs be instructed to inquire into the propriety and jus tdicuerine gf securing to the troops raised in California the late rebellion, who enlisted for 3 years or during the war, but who were honorably discharged, by reason of the termination of the war, before their term of service had expired, the bounties promised to them at the time of their enlistment; and that the committee have leave to report at any time by bill or otherwise.
The SPEAKER. The clause of this resolution authorizing the ComMilAffrs to report at any time, requires unanimous consent for its adoption.
Mr. BIDWELL. I modify the resolution by striking out that clause. The resolution, as modified, was adopted. PAGE's PICTURE OF FARRAGUT.
Mr. RICE, of Massachusetts, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the JtcomLibrary be instrugted to inquire into the ".of purchasing Page's picture of Admiral. Forragut, now hanging in the Rotunda of the Capitol, with leave to report by bill or otherwise. RECONSTRUCTION. The House then resumed the consideration of House bill No. 543, to provide for restoring to the States lately in insurrection their full political rights.
Mr. SPALDING. Mr. Speaker, I desire to say that I am now, as I have been for some months past, of the opinion that if the constitutional amendment should not be accepted by the disloyal States it would become the duty of Congress to intervene, and so legislate as to reconstruct those rebellious communities upon the votes of their loyal citizens without respect to class or color. But, sir, if the amendment of the Gentfrom Pennsylvania [Mr. STEVENs] to this bill should be adopted and become a law, it will, it seems to me, be found defective in this important particular; that it does not afford any protection to that loyal class of the inhabitants of those communities who are to perform these high functions. Why, sir, these colored men who are now recognized by the Government as possessing the rights of free men, and who are to be called upon to assert the elective franchise, are to be in jeopardy of being shot down like so many dogs when they attempt to visit the polls. Now, I propose to have that class of citizens armed with power for their protection; and to that end I desire to offer an amendment, which I hope my friendfrom Pennsylvania will accept. It is to add a new section, as follows: Abife: That from and after the passageof this act, and until said States in rebellion sahfoarlel sbaeida, dmitted to representation in Congress as the privilege of the writ of habeascorpus sChaarolllibnoas, uGspeeonrdgeiad, iFnloVirginia Texss NCarolina, a, LSoouuisthiana, Mississippi, and Arkansas; and said districts of cdouurinntgry are hereby placed under martial law for and the whole term aforesaid.
Mr. STEVENS. I think that is all right. I accept it as a modification of my amendment.
Mr. COOPER. Mr. Speaker, I simply wish to ask the honorable Gentfrom Pennsylvania, whether this House did not adopt a resolution making it the duty of Mr. McPHERson its Clerk, to forward the very constitutional amendment about which he is arguing to the different States lately in rebellion before he knew the SecyState had forwarded it?
Mr. SCOFIELD. I do not recollect any such action of the House. But if sent to them by us it was only to allow them an opportunity to prove their loyalty by giving it their assent. In the preamble to the bill readmitting Tennessee their assent to this amendment is recited, among other things, as evidence of the loyalty of the government defacto, and as a reason for legitimatizing it and admitting it into the Union. For this purpose we of course desired them to have a copy, but, unlike the SecyState, we did not expect that the assent of these communities would fasten this amendment upon the country without the concurrence of 3/4ths of the adhering States, nor that their dissent would defeat it if that concurrence was had. The Secretary is clever in work of this kind. An English nobleman was at one time exhibiting his kennel to an American friend, and passing by many of his showiest bloods they came upon one that seemed nearly used up. “This, ” said the nobleman, “is the most valuable animal in the pack although he is old, lame blind, and deaf.” “How is that?” inquired the visitor. The nobleman explained: “His education was good, to begin with, and his wonderful sense of smell is still unimpaired. We only take him out to catch the scent and put the puppies on the track and then return him to the kennel.” Do not suppose that I intend any comparison between the SecyState and that veteran hunter. such a comparison would be neither dignified nor truth ful, because the Englishman went on to say: “I have owned that dog for 13 years, and hard as he looks he never bit the hand that fed him, nor barked on a false trail.” [Laughter and applause on the floor and in the galleries, promptly checked by The SPEAKer] I would inquire of the Chair if my time has expired.
Mr. STEVENS, (in his seat.) The Chair called you to order for doing injustice to the dog. [Renewed laughter]
Mr. WASHBURN, of Indiana. I would like to ask the gentleman if the preacher Nasby lives in his district? [Laughter.]
At the conclusion of his remarks he said: I yield, as I have promised, the remaining portion of my time to the Gentfrom Ohio.
Mr. LeBLOND. Mr. Speaker, I have changed my purpose, and now conclude not to make any remarks on this subject, but will defer what I have to say till the bill in reference to the Electoral Colleges, introduced by the chairman of the ComJudiciary, is taken up.
Mr. MILLER. The Gentfrom Ohio yields to me the remaining portion of his time.
Mr. GRINNELL. I move the House do now adjourn.
The SPEAKER. There are other members who wish to speak, and the Gentfrom Pennsylvania is speaking in the time of the Gentfrom Ohio.
Mr. GRINNELL. Does anybody want to go on now?
The SPEAKER. The Chair knows of 4 or 5 who wish to speak on Monday. [Laughter]
Mr. BINGHAM. The Gentfrom Pennsylvania gives notice he will ask for a vote on Monday.
The SPEAKER. For that reason the Chair to hear as many made today as posslole.
Mr. GRINNELL. I withdraw the motion to adjourn.
Mr. MILLER. I offer this amendment: Abife:, That no such State shall be admitted to a representation in Congress until it also ratifies the amendment to the Constitution of the U.S. which has been proposed by 2/3rds of both Houses of the 39th Congress and submitted to the respective Statesfor ratification.
The SPEAKER. The motion to refer prevents any amendment being now offered.
Mr. MILLER. I understand the gentleman who has charge of the bill does not object to the amendment.
The SPEAKER. It will be in order when the motion to refer is withdrawn if the previous question be not called.
Mr. KERR obtained the floor. CLERKSHIP OF A COMMITTEE.
Mr. BLAINE. With the permission of the Gentfrom Indiana [Mr. KERR] I wish to submit a question for the consideration of
The SPEAKer. In the early part of the last session the House adopted the following resolution: “Resolved, That the select committee of 7on the War Debts of Loyal States be allowed to employ a clerk during the present session, or mittee until the oom is discharged, at the usual compensation. On May 30, 1866, it was “Ordered, That the bill be recommitted to theselect ComWarDebts of the Loyal States, and that the same be continued as now organized. Wit leave to report during the next session by bill or otherwise.” What I desire to ask, Mr. Speaker, is whether, in view of this action of the House, the ComWarDebts of the Loyal States is entitled to a clerk at the present session.
The SPEAKER. The Chair thinks that, under the 2 orders of the House which have been read, there can be no argument upon the question which the gentleman submits. The resolution adopted December 14, 1865, provides: “That the select committee of 7 on the War IdPuerbintgof Loyal States be allowed to employ a clerk dischargethde, present session, or until the committee is at the usual compensation.” This would indicate that the House contemplated the probability that the committee might {. extended beyond the session. Afterward, and before the session expired, the House ordered that select oommittee be “continued as now organized, with leave to report at the next session by bill or otherwise.” The committee was authorized to employ a clerk until it was discharged. It has not been discharged, and hence it is entitled to employ a clerk, the committee for the time being upon the same footing as one of the standing committees. And then, on motion of Mr. KooxTz, (at 4 o'clock and 30 minutes p. m.,) the House adjourned.
@@@IN SENATE SENATE. Monday, January 21, 1867. Prayer by Rev. J. N. MURDock, D. D., of oston, Massachusetts. The Journal of Saturday last was read and approved.
Mr. WILSON, from the ComMilAffrs , to whom was referred the bill (H.R.No. 848) to amend an act entitled “An act to incorporate the National Soldiers' and Sailors' Orphans' Home, ” approved July 25, 1866, reported it with amendments.
Mr. STEWART, from the ComPubLands, to whom was referred the bill (S.No.461) to aid in the construction of the SanFrancisco Central Pacific railroad, reported it with an amendment in the nature of a substitute. ASYLUM FOR DISABLED VOLUNTEERS.
Mr. WILSON. The ComMilAffrs , to whom was referred the JtResolution (H.R.No. 227) authorizing the SecyWar to transfer certain property to the National Asylum for volunteers, have directed me to report it back to the Senate without amendment, and as it is very brief I ask that it be put upon its passage.
The PRESIDENT protempore. It requires unanimous consent to the JtResolution on the day it is reported.
Mr. GRIMES. I ask for the reading of it for information.
The Secretary read the JtResolution. The National Asylum for Disabled Volunteer Soldiers not having obtained title to land at Point Lookout, in .as contemplated in the 12th section of the act approved March 21, 1866, establishing that institution, the JtResolution authorizes the SecyWar, at his discretion, to transfer to the National Asylum any of the property of the U.S. still remaining at E. Lookout which may be considered appropriate and useful for the objects of. that corporation. being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution.
Mr. WILSON. I will simply state that there is some property belonging to the U.S. at Point Lookout that will be of service to the home for soldiers, and this resolution authorizes the SecyWar at his discretion to fo to the institution that kind of property. t it is not of any value to anybody else, and may be of great service to them. the JtResolution was reported to the senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. BROWN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.518) to amend an act entitled “An act granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific ocean, ” approved July 27, 1866, and to facilitate the early construction of the Atlantic and Pacific railroad; which was read twice by its title, referred to the ComPacRailroad, and ordered to be printed.
Mr. MORRILL asketl, and by unanimous consent obtained, leave to introduce a bill (S.No.519) to incorporate the Metropolitan Fire and Marine Insurance Company of the DistCol; which was read twice by its title, referred to the ComDistCol, and ordered to be printed.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.520) to aid in the construction of the Kansas and Neosho Valley railroad, connecting the great lakes, Iowa, Missouri, and Kansas, with Texas, the Gulf of Mexico, and the Southwest with the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes; which was read twice by its title, referred to the ComPacificRR, and ordered to be printed. MINISTER AT WIENNA. On motion of Mr. SUMNER, the following resolution submitted by him on the 18th in stant was taken up and agreed to: Resolved, That the POTUS be requested to communicate to the Senate, if in opinion his not inconsistent with the public interest; any correspondence between the Dept of State and Mr. Motley, envoy extraordinary and minister plenipotentiary, at Vienna, relating to resignation of this post. his reported INDIAN MASSACRES AND HOSTILITIES.
Mr. WILLIAMS submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the ComIndAffrs be instructed to lo.into and report as to the circumstancesof the late massacreof the U.S. troops near Fort Phil. Kearney, and as to what further, if any, legislation is necessaryto protect immi froantisla.ndinseottulerrws, easntedrnfo SrttahteessuapnpdreTsesriroitnoorifes Indian ILLEGAL WOTING IN THE DISTRICT.
Mr. JOHNSON. I should like to know of my friend, the chairman of the committee, what the law is now on the subject to which this bill applies. I thought by the present law there were some penalties attached to illegal voting.
Mr. MORRILL. There are none that I know of. I am sure there are none such as are covered by this bill, and I think none at all. This bill, without the amendments, was introduced by the Senfrom Vermont, P. EDMUNDs]. There are no penalties that know of for illegal voting provided by the present laws. I would not like to assert that positively, because I am not sufficiently famil iar with the laws which may be in force in this District, as the laws of Maryland were when the District was organized upon the subject; but to my knowledge there is no provision on this subject. I inquire whether it is in order to move an amendment to the amendment of the committee already adopted in ComWhole.
The PRESIDENT protempore. The Chair thinks that any additions can be made to that amendment. It would be in the nature of an amendment to the bill. The amendment hav. been adopted, it is a part of the text of the bill, and any amendment may now be made to it as a part of the bill.
Mr. MORRILL. I move, then, to amend in section 3, line 5, by striking out the words “biennially and.”
The PRESIDENT protempore. The Chair stated, perhaps a little too broadly, that any addition jbe made. This amendment, having been adopted in committee, cannot be amended by striking out what has already been adopted, at least in committee; it will be in order when the bill comes into the Senate.
Mr. MORRILL. I thought we were in the Senate. I withdraw the motion, then, for the present. The bill was reported to the Senate as amended.
The PRESIDENT protempore. The question is, Will the Senate concur in the amendment made as in ComWhole? The amendment suggested by the Senfrom Maine would now be in order.
Mr. MORRILL. I move, then, in section 3, line 5, to strike out the words “bien nially and, ” and in line 11 to strike out the i “biennially;” so that the section will read: That there shall be 5 judges of elections within and for the city of Washington, and 3 within and for the city of Georgetown, the same to be appointed the supreme court of the DistCol, whose duty it shall be, prior to each election, to prepare a list of the personsqualified to vote in wards, the several of said cities in any election; and said judges shall be in open session in their respective cities to receive evidenceof the qualification of personsclaiming the right to vote in correcting any election therein, and for days priorsaid lists, on 2 days, not exceeding 5 to each election for the choice of city officers, giving prior notice of the time and place of each session in some newspaper. The amendment to The amendment was agreed to.
Mr. EDMUNDS. I move to amend the amendment agreed to in ComWhole by inserting after the word “Columbia.” in line 5 of section 3 these words, “who shall hold their office for 2 years and until their successors shall be appointed and qualified, and;” so that it will read: That there shall be 5 judges of elections within and for the city of Washington, and 3 within and for the city of Georgetown, the same to be appointed by the supremecourt of the DistCol, who shall hold their office for 2 years and until their successors shall be appointed and qualified, and whose duty it shall be prior to each election, &c. The amendment to The amendment was agreed to.
The PRESIDENT protempore. The question now is, Will the Senate concur in the amendment made as in ComWhole as amended?
Mr. BUCKALEW. I have no objection of course to this bill so far as it seeks to prevent frauds at elections in this District. "If the chairman of the ComDistCol is correct in his statement, it may be necessary that there should be further provision of law on that subject. I desire, how eyer, to say a word questioning the propriety of the amendment, which is the immediate question before the Senate. In the District suffrage bill it was provided that a registry of voters should be made in the District by the particular officers named I believe by the mayors of the cities of Washington and George town and perhaps other officers united with them. That bill contained all the provisions necessary for the purpose of having a correct registry made and for having it put up at proper places within the District, and for having the act given in charge to the grand jury immediately preceding each general or city election. The o osee to this amendment is that it creates a number of new officers. There are to be 5 new officers created for the city of Washington and 3 for the city of George town, upon whom is to be charged the duty of making this registry of voters. The bill does not provide how these officers shall be paid or what shall be their compensation, but as a matter of course they are to be charged upon the Treasury and to constitute a part of the expenses of this District. Now, sir, I perceive no good reason for transferring these duties, which are now charged upon officers of the DistCol and to be discharged by them without any expense whatever, to 2 sets of new officers, who of course must be paid and who, as far as I can perceive, will be no better qualified to the discharge of this duty than were those officers named in the former law. For that reason I feel inclined to vote against the amendment.
Mr. MORRILL. It is perhaps necessary that I should reply to the Senfrom Pennsylvania in a single word. This amendment was suggested to the committee by a discussion which is going on in the papers of the District, that the execution of . law as it passed the other day on the question of suffrage is impracticable. It provides for a registry on or before the 1st day of March before each election, and the publication of the list for ten days before that election. The election in Georgetown takes place in February next, and it is said that the city authorities of George town construe the law to mean that they are not obliged to make this list on or before the election in February, because the terms of the law are on or before the 1st of March, and therefore they have a right to go to the extreme limit of the law and say they shall make it on the 1st of March next, and thus comply with the law, and thereby postpone the registry for 2 years. The committee thought it was perhaps reasonable to relieve these authorities from any complication of that sort; that they ought not to be embarrassed certainly by any doubtful construction of the law; and while upon that subject the committee supposed that it might be quite as safe to all concerned to confer the duty which had thus been devolved upon them, and which they showed so little inclination to perform, upon some parties who might perhaps be disinterested; and therefore this amendment is provided to make the thing certain that the registry is to be made prior to each election without reference to any particular month; and that there may be no mistake about its execution it takes the duty from the mayor and aldermen and devolves it upon the judges, whose duty it is to make the registry in conformity with the act passed by the Senate the other day.
Mr. CONNESS. In addition to what the chairman of the ComDistCol has said, I desire to call attention to the 5th section of the District suffrage bill as it passed. I have it in my hand. It reads: That the mayors and aldermen of the cities of Washington and Georgetown, respectively, on or before the 1st day of March in each year, Ali prepare a list of the persons they judge to be qualified.to to: in the several wards of said cities in any elec I do not see but that, under this provision, they may exclude whoever they deem not qualified to vote. I do not see but that the language of the 5th section and I noticed it when the bill was pending, but it was thought by gentlemen not well then to amend it in the stage in which it was puts it in the power of the mayors and aldermen of Washington and Georgetown to exclude the very persons enfranchised by the District bill if they see fit so to do.
Mr. MORRILL. If my friend will allow me, this bill repeals so much of that act as is inconsistent with this.
Mr. MORRILL. And the language here obviates the difficulty: “to prepare a list of the persons qualified to vote.”
Mr. CONNESS. I so understand it, and I regard that as the essential value of this bill.
Mr. MORRILL. I misunderstood the Senator.
Mr. CONNESS. But it was a point to which attention had not been called. I noticed it, and was about to offer an amendment when the suffrage bill was pending in the Senate, but, as I before observed, it was suggested to me that it might be amended in the future, and if passed in this questionable shape, o it entirely in the power of the mayors and alder men of these 2 cities to exclude every person from the franchise whom the act intended to enfranchise; and therefore the greater necessity of passing the bill now before us.
Mr. MORRILL. My friend is quite at fault about his facts. These are never duties devolved on the mayor and aldermen except by the law to which this bill is amendatory;
Mr. BUCKALEW. The Senator will allow me to explain. What I mean is that duties of this description, duties of assessment and of making out a registry of voters, in the States are charged upon officers selected by the people and responsible to them. That is what I In ean.
Mr. MORRILL. I think that is so, ordinarily; but the reason why I think this duty ought not to be imposed perhaps upon the mayors and aldermen in these cities is that they are unaccustomed to anything of the kind, and it may be onerous upon them, and beside I think it would be distasieni to them. "Those 2 reasons put together lead me to suppose that it would be more agreeable, perhaps, to the authorities that it might be devolved on these other parties.
The PRESIDENT protempore. The yeas&nays are demanded on the question of concurring in the amendment made as in ComWhole, as amended. The yeas&nays were ordered; and being taken, resulted yeas 25, nays 9; 18. So the amendment, as amended, was concurred in. The bill was orderengross for a 3rd reading; and was read the 3rd time, and passed. ORDER OF BUSINESS.
Mr. FESSENDEN.:I move that all prior orders be postponed, and that the Senate proceed to the consideration of the tariff bill.
Mr. POLAND. I should be very glad to proceed with the bankrupt bill, which was under consideration on Saturday, but I do not desire to antagonize that against the consideration of the bill which my friendfrom Maine has in charge. The tariff bill, perhaps, is regarded by my constituents as far the more important measure of the two. I will not, therefore, at.". to keep it in the way of the consideration of the tariff bill, and I consent that the bankrupt bill may be laid aside informally for the purpose of allowing the tariff bill to be taken up and proceeded with, which will obviate the necessity of any motion to lay it aside.
Mr. FESSENDEN. I am willing to make any motion that will effect the gentleman's object if there is any that I can make. The bankrupt bill can be laid aside informally, I suppose, and we can proceed with the tariff bill. I move that that bill be taken up.
The PRESIDENT protempore. The unfinished business of Saturday is the bankrupt bill, and the morning hour having expired that biii is legitimately before the Senate. The Senfrom Maine moves to postpone that and all prior orders and to proceed to the consideration of the tariff bill. The Senfrom Wer mont suggests that the bankrupt bill be laid aside informally by common consent, and that the tariff bill come up for discussion. That course will be pursued if there be no objection, and the bankrupt bill by common consent will be laid aside, and the tariff bill will be considered as the bill before the Senate. INDIAN AFFAIRS.
Mr. WADE. Before the bill of the Senfrom Maine is proceeded with I desire, with his consent, to offer a resolution of inquiry: Resolred, That the SecyInterior be, and he is hereby, directed to transmit copies of all reports, written or printed, which may be in his possession regarding the inyestigation made by a committee of the Senate, in of Indian affairs in the westerr states 1S865i, enstoantdh Territoriies.
Mr. NESMITH. As the chairman of the committee alluded to is not present it is perhaps proper that I should make an explanation in relation to the subject. The committee were sent out in 1865 for the purpose of making an investigation into the condition of Indian. affairs, and of course, being assigned to duty in all the Territories and States where Indians could be found, their labors extended over a vast extent of country. The Presiding Officer of the Senate, having been a member of that committee, is cognizant of some of the embarrassments under which the committee labored. They have collected all the testimony taken and the various sub reports and have them printed, now ready for distribution; and it is a matter of which the SecyInterior has not a particle of control, this committee being authorized to make their report direct to Congress. The testimony and sub reports are printed and have been for 6 or 8 months; E. the final report has not yet been made u by the committee, and they have deemed it proper to withhold the other reports until they could make up the final report of their investigations. I see in a paper which has been sent to me a statement that these reports and the testimony have been suppressed by the committee for some improper reason. I beg leave to say to the Senate that no such reason actuated the committee. The report has not been submitted because we have not yet had time during this session to get together to complete the final report. The statement which has appeared in the papers that the report is lying at the printing office and is intended to be suppressed by the committee is entirely untrue. There is no foundation for any such statement; and without the passage of this resolution the report will be submitted to Congress in a few days, as soon as we have time to complete the examination of the phpers and make up the final report.
Mr. Wo. That is satisfactory to me, I was only anxious to see the report because it is a matter of a good deal of interest. The resolution may lie on the table for the present.
The PRESIDENT protempore. The resolution will lie over.
Mr. WADE. I have another resolution to offer: Resolved, That the SecyWar be, and he is hereby, directed to transmit to the Senate a copy of the report of Major General A. D. McCook, concerning the Chivington or Sand Creek massacre, and other matters concerning the condition of Indian affairs upon which General McCook may have reported.
Mr. SHERMAN. I should like to amend that by adding to it
Mr. FESSENDEN. I think I must insist upon going on with the tariff bill, as there, is evidently going to be discussion on the resolution; let it lie over.
Mr. WADE. I supposed there would be no objection to it. o
The PRESIDENT protempore. Objection being made to the present consideration of the resolution, it will lie over.
Skip Skip MESSAGE FROM The hOUSE. A message from the HoRep, by Mr. McPERSoN, its Clerk, announced that the House had passed a bill (H.R.No. 1030) to regulate the sale of gold by the SecyTreasury. The TARIFF BILL. The Senate, as in ComWhole) proceeded to consider the bill (H.R.No. 718 to provide increased revenue from imports, an for other purposes.
The PRESIDENT protempore. The ComFinance have reported an amendment to this bill, which is to strike out all of the bill after the enacting clause and insert a substitute. The substitute will be read.
Mr. FESSENDEN. I propose to suggest such amendments as have . agreed on by the committee, and verbal amendments as the reading is proceeded with.
Mr. FESSENDEN. The word “kirschenwasser, ” in line 80 of section 1, should be “kirschwasser.’
The PRESIDING OFFICER, (Mr. Ep. MUNDs.) That modification will be made, no objection being interposed.
Mr. FESSENDEN. In line 80, after “kirschwasser, ” I move to insert “bermuth.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 86 and 87 I move to strike out the words “irrespective of value, cask included, ” and insert “ imported in casks;” so as to make the clause read: On wines of all kinds, imported in casks, containing not morethan 20%. of alcohol, Trallc's hydrometer, 50 cents per gallon. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 88 I move to insert: On all wines imported in bottles, not otherwise herein provided, tw8 dollars per dozen bottles, each bottle containing not more than one quart and more than one pint, or 2 dollars per 2 dozen bottles, each containing not more than one pint. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 89 I move to strikeout “ 30 ” and insert “ 20;” so as to read: Provided, That any liquors containing more than 20%. of of.? which of. entered under the name of wines shall be liable to forfeit ure, &c. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 95 I move to strike out the words “value of the wines, ” and insert “quantity; and so much in the 5 9th section of an act approved March 2, 1799, as provided for allowances for leakage and breakage is hereby repealed;” so as to make the proviso read: And provided further, That upon bottled wines no allowance, shall, be made for breakage, unless the same shall be shown to be in excess of ten%. of the invoice quantity; and so much of the 5 9th section of an act approved March 2, 1799, as for provided loanees for leakage and breakage, is hereby repealed. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 1 I move to strike out the word “other'. before “spirituous, ” and after the word “dozen, ” in line 1three, to insert “each bottle containing not less than one and a half pints;” so as to make that proviso read:. And provided further, That wines and, spirituous liquors, except brandies, may be imported in bottles when the package shall contain not less than one dozen, each bottle containing not less than one and a half pints. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 1five I move to strike out the word “brandies, ” and also the word “other;” so as to read: And all bottles shall pay a separate and additional duty of 3 cents each, whether containing wines or spirituous liquors subject to duty, &c. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 1seven I move to strike out the words “in capacity containing, ” and to insert “a capacity of;” so as to read: And any spirituous liquos may be imported in casks of a capacity of not lessthan 15 gallons. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 91 and 92 I move to strike out the words “ and on all embroideries of every material (except silk)” after “embroidery” in line 91, so as to make the item read: On, cotton edgings, insertings, and embroideries, of which the embroidering is the chief value, not otherwise provided for, 40%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to insert after line 94 this paragraph: On manufactures of cotton, known asbook binders’ cloths, 25%. advaloren.
Mr. FESSENDEN. After the word “flocks, ” in line 1five, I move to insert. heating: of new fulled cloth, ” so as to read: And on woolen flocks or shearings of new fulled cloth the duty shall be 3 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In the proviso in lines 38 and 39 I move to strike out to aif such goods, ” and to insert “skirtings, upholstery fabrics, and all other worsted goods;” so as to make the proviso read: Provided, That onskirtings, upholstery fabrics, and all other worsted goods weighing 4 ounces and over per square yard, the duty shall be 50 centsper pound, and, in addition thereto, 35%. valorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out from lines 66 to 77 inclusive, and in lieu of them to insert: On Wilton, Saxony, Aubusson, Axminster, patent velvet, Tournay velvet, and tapestry velvet carpets and carpeting, Brussels carpet. wrought by quard machine, the Jac and all medallion or whole carpets, valued at $1 25 or under per square yard, 80 cents per square yard; valued at over $1.25per squareyard, 90 cents per square yard: Provided, That no car peting, carpets, or rugs of the foregoing description shall E. a duty of lessthan 50%. advalorem. peOtinngB, rpursisnetelsdand tapestry Brusselscarpets and car per square yard.on the warp or otherwise, 60 cents On all trebleingrain, 3 ply, and worsted chain Venetian carpets and carpeting, 45 cents per square yard. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 78, after “carpets, ” the words “or carpeting” should be inserted.
The PRESIDING OFFICER. That mod ification will be made.
Mr. FESSENDEN. In “bocking, ” line 80, after I move to insert “and felt carpets and carpeting.” The amendment to The amendment was agreed to.
The Secretary next read section 5 of the substitute, as follows: SEc. 5. Abife:, That in lieu of the duties heretofore imposed by law on the importation of silk and the manufactures of silk, there shall be levied, collected, and paid the following duties and rates of duty, that is to say: On spun silk for filling, in skeins or cops, not more advanced than singles, 35%. adva lorem, on silk in singles, tram, thrtohweng, um not more advanced than or organzine, and on floss silks, 35%. advaloren. On sewing silk or silk twist in the gum or purified, 50%. advalorem. ine gsn, barllaridibsb, ofrnisn, gbees, ltignigmsp, sg, aglllooovness,, hcalota bkanadnsd, bdirnedss trimmings, fancy buttons, cords, dress cords, cords and tassels, head nets, head dresses, neckties, collars, and scarfs, made of silk, 70%. advalorem. On each and every other description of manufactures of silk, whether produced by the loom or frame, or in any other way, or further advanced by the needle, whether by hand or machinery, 60%. advalorem. On all other manufactures of materials, comprised silk mixed with other as above, in which silk is the material of chief value, 60%. advalorem.
Mr. FESSENDEN. In “silk, ” line 16, after I move to insert “or of which silk is the component material of chief value;” so as to read: On all ribbons, beltings, galloons, &c., made of silk o: which silk is the component material of chief Value. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 16 I move to insert as a new paragraph: On silk plush for the manufacture of hats, 30 5%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 22 and 23 I move to strike out “three cents per square yard, and in addition thereto, ” and after “ 30, “ in line 23, to insert “five;” so as to read: Manufactures of flax, hemp, or jute, or of flax, hemp, which or jute is the component material of value, chief not herein otherwise specified, 35%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 47, 49, 51,55, and 57, respectively, I move to insert “five” after “ 30, ’” so as to make the advalorem rate in those cases 35%. instead of 30. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out from lines 7 to 11 inclusive, and to insert instead thereof: On old iron, cast or Provided, wrought, 3 dollars per ton: That nothing shall be deemedold iron exCept waste or refuse material or iron that has been in actual use and is fit only to be remanufactured by melting or reheating and rolling or welding. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 23 I move to strike out “and” and insert “or, ” and to make the same change in line 24 after the word “wide.”.
The PRESIDING OFFICER. Those modifications will be made, no objections being interposed.
Mr. FESSENDEN. In line 30 I move to strike out “eight” and insert “five, ” so as to read “No. 5 wire gauge.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After “rods, ” in line 43, I move to insert “and wire rods;” so as to read: On rods and wire rods less than 5 16ths of an inch diameter, The amendment to The amendment was agreed to.
Mr. FESSENDEN. After the word “band, ” in line 52, I move to insert “strip, scalp, tube i' and in line 53, to change “eight” to “five;” so as to read: On all sizes of hoop, band, strip, scalp, tube, and scroll iron, thinner than No. 5 and not thinner than No. 14wire gauge, &c. The amendment to The amendment was agreed to.
Mr. FESSENDEN. At the end of line 80 the word “on” should be “or.”
The PRESIDING OFFICER. “That modification will be made.
Mr. FESSENDEN. In line 83 I move to strike out “and cut” and insert “or hammered;” and in line 85, after “rolled” to insert “ or hammered.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 120 I move to insert this proviso: Provided, That no iron, except railroad iron and old scrap iron, on which a specificduty is act, fixed by this shall pay a lessrate of duty than 35%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 170 I move to insert “glazed” after “on;” and after “tinned” to strike out “and” and insert “or;” so as to read: On glazed, tinned, or enameled wrought iron hol low ware, &c.
Mr. FESSENDEN. In line 172 “steam gas” should be “steam, gas, ” and “or” should be inserted after “gas;” so as to read “on cast iron steam, gas, or water Pin. &c. he amendment to The amendment was agreed to.
Mr. FESSENDEN. In line? 12 I move to strike out “steel” before “railway, ” and in line 213 after “part” to insert “of steel;” so as to read “railway bars made in whole or in part of steel.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 281 I move to strike out ‘ 45” and insert “50;” so as to make 50% advalorem the rate of duty on “hard ware, tools, implements, ” &c. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out lines 287, 288, 280 9, and 290, and then in line 291 to insert “on” before “all, ” and after “machinery” in that line to strike out “for other purposes” and insert “not herein otherwise provided for.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. At the bottom of page 89, line 51 of that section, I move to strike out “ 15%. advalorem “ and to insert “ 30 cents per pound;” so that it will read: On nickel, 30 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 59 products form a part, an move to insert the following as a new para graph: On tin in pigs, bars, or blocks, 15%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 60, after the word “tin, ” I move to insert the words “or terne;” so that it will read: On finned iron, known astin or terne plates, 20 5%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 14 I move to strike out “ten” and to insert “ 15, ” "so that it will read: Acetate of lead, or sugar of lead, 15 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 22 I move to strike out “ten” and to insert “15, ” so that the clause will read: On acetic or pyroligneous acid, exceeding the specific grayity of 1.040, 25 centsper pound; not exceeding the specific gravity of 1.040, 15 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 25 I move to strike out “25 ” and to insert “ 30;” so that the clause will read: On glacial acetic acid, solid attemperatures above. two degrees Fahrenheit, 30 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out the whole of line 28: On boracic acid, crude, 5 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 38 I move to insert as a new paragraph the following: On mitric, muriatic, and sulphuric acids chemically pure, 8 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 50 I move to strike out “ 15” and to insert “ 16;” so that it will read: On tartaric acid, 16 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. The word “maber, ” in line 66, should be “amber.”
Mr. FESSENDEN. In line 70 I move to strike out the words “one cent per pound” and to insert “ 30 cents per 100 pounds;” so as to read: On sulphate of ammonia, 30 cents per 100 pounds. The amendment to The amendment was agreed to.
Mr. WILLIAMS. The Senfrom Maine has been called out for a few moments, and I move to strike out the words “and on, ” in lime 94, and the words “tartar, 4” in line 95 and to insert the word “six;” so that the clause will read: On argols or crude tartar, brown, gray, or red, 6 cents per pound. The amendment to the d amendment was agreed to.
Mr. WILLIAMS. I move to strike outlines 96 and 97, as follows: On argols, white, or partially refined tartar, 6 cents per pound. The amendment to The amendment was agreed to.
Mr. WILLIAMS. I move to strike out “seven” and to insert “ten” in line 99; so as to read: On cream of tartar, purified argols, or bitartrate of potassa, ten cents per pound. The amendment to The amendment was agreed to.
Mr. WILLIAMS. In line le“isgihxt;'I' move to strike out “ten” and to insert so as to read: peOrnpobuenlladd. onna root and belladonna leaf, 6 cents The amendment to The amendment was agreed to.
Mr. WILLIAMS. I move to add to line 123 the words “when 15 dollars per ton;” so that it will read: heOanvybsaprayrt, acrundaetive carbonate and sulphate, or 5 dollars perton; when ground. 15 dollars per ton. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 150 the word “cent” should be struck out and the words “and 1/2 cent” inserted; so as to read: peOrnpobuonradt.e of lime, crude, one and 1/2 cent The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 156 I move to strike out “ 40 ” and to insert 75;” so as to read: On bromine, 75 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 166 I move to strike out the words “ 20%. advalorem;” and to insert “ 15 cents per pound;” so as to make the clause read: On corrosive sublimate, cyanide, and iodide of mercury, red oxide of mercury, red precipitate, and all salts and preparations of mercury not otherwise herein provided for, 15 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out lines 197, 198, and 199, in these words: line en, clay, china clay, pipe clay, fire clay, and kao 5 dollars perton. On fuller's earth, 3 dollars per ton. They are but a repetition. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 2 hurored and 20 I move to strike out “one dollar" and to insert “ 15 cents;” so as to read: On ergotine, 15 cents per ounce. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out from line 275 to 280, inclusive, and in lieu thereof to insert a more accurate classification or description, as follows: On gelatine, glue, and glue sizings valued at more tphearnpothuinrdty; 5 cents per pound, 25 cents 35 valued at morethan 15, and lessthan cents per pound, ten cents per pound; vpaelrupeoduantdl.ess than 15 cents per pound, 5 cents The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out line 282, which is in these words, “on glycerine in all forms 30%. advalorem, ” and in lieu thereof to insert: On 2 cents per pound. On refined glycerine, 15 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out Iines 346 and 347, and in lieu of them to insert: On muriate of lime, onc cent per pound. On citrate of lime, 3 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 476 I move to strike out “five dollars” and insert “one dollar;” so as to read: On oil of ergot, one dollar per pound. The aunendment to
Mr. FESSENDEN. Between lines 537 and 538 I move to insert: On piperine, 50 cents per ounce. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 546 I move to strike out “three” and to insert “4;” so as to read: On chromate and bichromate of potassa, 4 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 548 I move to strike out “five” and to insert “six;” so as to read: On yellow prussiateof potassa, 6 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 554 I move to strike out the word “cent” and to insert “and 1/2 cents;” so as to read: On saltpeter, or niter, or nitrate of potassa, crude, one and 1/2 cent per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out line 555 entirely, namely: On saltpeter, partially refined, 2 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 559 I move to strike out “seven” and to insert “ten; ” so as to read: On cream of tartar, tartrate and bi tartrate of pot assa, ten cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 572 I move to strike out “ 33 ” and to insert “ 40;” so that the clause will read: On quinia, quinidia, and all their salts, 40 cents per ounce. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 594 I move to strike out “ten” and to insert “ 12; ” so as to read: On Seidlitz mixture, 12 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 613 I move to strike out “one and one 5th cent per pound” and insert “ 75 cents per bushel; ” so as to read: On castor seed or boans, 75 cents per bushel. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 628 I move to strike out “65 ” and insert “75; ” so as to read: On iodate and hydriodate of soda, 75, cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 652, after the word “dollar, ” I move to insert the words “and 25 cents;” so as to read: On strychnia and salts of strychnia, or strychnine $1 25per ounce. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 670, after the word “ad valorem, ” a semi colon should be inserted instead of a comma.
The PRESIDING OFFICER. That change will be made by general consent.
Mr. FESSENDEN. In line 699 I move to strike out the words “cordials, bitters.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 701, after the word “compositions, ” I move to insert the words “not herein otherwise specified.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 707 I move to insert the following proviso: Provided, That upon all medicinal or other preparations, or the compounds, of which distilled spirits are the component, part of chief value, there shall be levied, in addition to the duties imposed by this act on such preparations, the duties imposed upon distilled spirits. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 710 the word “and” should be “or;” so as to read: “ or put up for popular sale.”
The PRESIDING OFFICER. That change will be made, if there is no objection.
Mr. FESSENDEN. The word “chemicals” in line 717 should be struck out.
The PRESIDING OFFICER. That change will be made, no objection being interposed.
Mr. FESSENDEN. In line 66 the words “ad valorem” ought to be inserted after “%.”. PRESIDING OFFICER. Those words will be added if there be no objection.
Mr. FESSENDEN. In line 82, after the word “dressed, ” I move to insert “ten%. advalorem, ” and also to strike out the word “and” after the word “dressed, ” ake a new paragraph following; so as to read: peOrn hatters' or cut furs, cleaned and dressed, ten cent. advalorem. On furskins or furon the skin, cleaned, dressed, or prepared, 20%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 86 I move to strike out “ 40 ” and to inserto 50, ” so as to read: On furhats, hat bodies, caps, robes, muffs, and all manufactures of fur, 50%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 88 and 89, after the word “dozen, ” I move to insert the word “pair, ” so as to read: paQirn. kid gloves of every description, $45oper doze n paQirn. all other leather gloves, 3 dollars perdozen The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 179 I move to insert: vaQlonrehma.ir pins made of iron wire, 50%. adThe amendment to The amendment was agreed to.
Mr. FESSENDEN. Now I move to strike out “hair pins” in line 180. She amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 211 I move to strike out the letter “s, ” at the end of the words “umbrellas” and “par. asols, ” and also to strike out the word “and” after “parasols;” so that will read: On umbrella and parasol sticks, frames, tips, &c.
The PRESIDING OFFICER. That correction will be made if there be no objection.
Mr. FESSENDEN. In line 35 of that section I move to strike out “ 40 ” and to insert “50;” so that it will read: '. On all other, lenses for optical purposes, whether in frames or otherwise, 50%. advalorem. The amendment to The amendment was agreed to.
The Secretary read section 12 of the substitute, as follows: Sec. 12. Abife: That, in lieu of the duties heretofore imposed by law on the importation of the articles hereinafter enumerated, there shall be levied, collected, and paid the following duties and rates of duty, that is to say: On hides, raw or uncured, whether dry, salted, or pickled, ten%. advalorem; on hide cuttings, strips, tails, and like articles, used as glue stock, ten%. advalorem. On raw goat skins in the hair, and on deer skins and calf skins raw, ten%, advalorem. On raw sheep skins, or pelts without wool, ten per tcaewnet.d,, advalorem, and, all skins, dressed, tanned, or curried, wo or in part, not otherwise herein provided for, shall pay as leather, except skins of the North American buffalo, which shall be admitted as raw skins, at a duty of ten%. advalorem. On skivors and roans, pickled or salted, ten%. advalorem. On skivers, tanned, colored or finished, 35%. advalorem. On leather, namely, on bend or belting leather, and on Spanish or other sole leather, 35%. advalorem. anOdnonFraelnl cuhp, pGeerrlmeaatnh, ear, nedxocethpetrM, foarnoncecdo, cjaalpfasnkni and patent leather, 35%. advalorem. On Morocco, enameled, glazed, japanned, yarn ished, and patent leather, 40%. ada On fawn, kid, and lamb skins, tanned and dresse otherwise than in colors, and known as chamois, an on all skins tanned, tawed, carried, or dressed, not otherwise herein provided for, 35%. advalorem. On shoes, boots, and slippers, of which leather or lasting is th. principal component material, and on all manufactures of feather, nototherwise herein provided for, 40%. advaloren. On mats of sheep skins, not colored, 40%. advalorem. On mats of sheep skins, fancy, colored, 50%. advalorem.
Mr. FESSENDEN. In the 25th line of that section, page 83, I move to strike out the words “morocco, japanned, and pat ent leather, ” and to insert “morocco, enam eled, glazed, japanned, varnished, and patent leather.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 25, page 85, I move to strike out the words anthracite and;” so that it will read: for on all other coal, not herein otherwise provided $150 per ton of 2cight bushels, 80 pounds to the bushel. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 37 I move to strike out “ 20%. adva lorem, ” and to insert “five dollars per ton;” so as to read: On grindstones, finished, 5 dollars perton. The amendment to The amendment was agreed to,
Mr. FESSENDEN. In line 61, page 86, I move to strike out “35%. advalorem, ” and to insert “two dollars per ton of 13 cubic feet;” so as to read: On building, paving, or monumental stones, of every description, cut or dressed, 2 dollars per ton of 13 cubic feet. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 66 I move to strike out the words “to salt, or, ” and also to strike out the words “in whatever form imported;” so that the clause will read: Provided, That no return of duties shall be made on account of damage to sacks containing salt. The amendment to The amendment was agreed to.
Mr. SUMNER. Is that a substitute for the proposition in the bill?
Mr. FESSENDEN. Yes, sir, for the 11th, two: and 13th lines.
Mr. SUMNER. I will say nothing about it now. At the proper time I shall have some remarks to make on this subject. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 26 the words “sized or” should be stricken out, so that the clause will read: unOsnizepda, per, namely, on book and printing paper, used for books and newspapers exclusively, 20%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 13 of that section, page 89, I move to strike out “ 15” and to insert “ten, ” so as to read: On barley, not including pearl or hulled, ten cents per bushel. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 92, page 92, I move to strike out the words “including rice commonly called Patna rice;” and in line 94 I move to strike out the words “including Patna rice;” so that the clause will read: On cleaned rice, 2 and a half cents per pound. On uncleaned rice, one and a half cent per pound. The amendment to The amendment was agreed to.
The Secretary read section 16 of the substitute, as follows: SEc. 16. Abife: That in lieu of ltehveied duties heretofore imposed by, law there shall be collected, and paid on the importation of the articles hereinafter, mentioned the following duties and rates of duty, that is to say: sqOunaraeldl timber, not otherwise herein provided for, or sided, one cent per cubic foot. On sawedboards, plank, deals, and other lumber of spruce, hemlock, whitewood, and basswood, one dollar per 1,000 fect, board measure. On all other varieties of per sawed lumber, 2 dollars 1,000 feet, board measure:, Provided. That when lumber of any sort is planed or finished, in addition to the rates herein provided, there shall be levied and paid for eachside so planed or dollar per finished 1,000 feet; and if plancq on 9ne sid faenedt; tongued and grooved, 2 dollars per 1,000 and if planed on 2 sides and tongued and grooved, $250 per 1,000 feet. On hubs for, wheels, posts, last blocks, wagon bglloecks oar jocks, gun blocks, heading blocks, shin bolts and staye bolts, and all like blocks or sticks, rough hewn, or On pickets, psaaliwnegds, only ten%. advalorem: and lath, ten%, advalorcm. pine and cedar shingles, 50 cents per 1,000. On spruce shingles, 30 cents per 1,000. On pine clapboards, 2 dollars per 1,000. Qn spruce clapboards, $150 per 1,000. On house or cabinet furniture, in pieges, or rough and osc. 30%. advalorem. On cabinet wares and house furniture, finished, 45%. advalorem. On casks, and barrels, empty, and on sugar box shooks, and packing boxes of wood, not qtherwise provided for, 30%. advalorem: Provided hat casks, barrels, or carboys, and other vessels, and grain bags, the manufacture of the U.S., if exported containing American produce, and decla " be made of intent to return the same empty, shall be admitted free of duty under such regulations as shall be prescribed by the SecyTreasury. the On all manufactures of wood, not otherw ise herein provided for 35% advaloren.
Mr. FESSENDEN. In lines 20 and 21 of that section, page 94, I move to strike out the words “shingle bolts and stave bolts.” We propose to put them on the free list. The amendment to The amendment was agreed to.
Mr. FESSENDEN. There is a typograph ical error in the 2nd line of this section. The word “heretore” should be “hereto ore.”
The PRESIDING OFF CER, That correction will be made.
Mr. FESSENDEN. In line 29 I move to strike out the words “in pieces, or;” so as to read: ishOend, htohuirsteyopr ecrabinet furniture, rough and not fin cent. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 31, after the word “and” I move to insert “cabinet and;” so as to read: On cabinet wares and cabinet and house furniture, finished, 45%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 38, after the word “produce, ” I move to strike out the words “and declaration be made of intent to return the same empty;” and in line 39, after the word “shall, ” to insert “when returned empty;” so that the proviso will read: Provided, That casks, barrels, or carboys, and other yessels, and grain bags, the manufacture of the U.S., if exported containing American produce, shall, when returned empty, be admitted free of duty under such .Secretary as shall be prescribed by the of the Treasury. The amendment to The amendment was agreed to.
Mr. FESSENDEN. The word “emigrants” in line 32 should be “immigrants.”
Mr. FESSENDEN. In line 58, page 97, after “mattresses, ” I move to insert ‘not herein otherwise provided for;” so that the clause will read: On moss, sea weed, and all like vegetable substances, upsroevdifdoerdbfeodr, stawnedntmy aptetrrecsesnets., andotvalorem. otherwise The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 73 I move to insert the following: On pula or pulu, 2 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 83 after the words “provided for, ” I move to strike out the words “except such as are included in the free list.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After “ambergris, ” in line 5, I move to insert: Animals imported as specimens of natural history. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 23, after the word “old, ” I move to insert the words “and fit only to be remanufactured;" so as to read: Bells, old, and fit only to be remanufactured, and old bell metal. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 30, page 99, I move to insert the following as a new paragraph: Bones calcined, and bone ash, imported for the manufacture of phosphates and fertilizers. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out line 45 on page 100, in these words: Copper, when imported for the U.S. Mint. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 69, page 101, a new paragraph should be made after the word “not;” the word “hair” should boe inserted after the word “cow, ” and “or” be inserted instead of “and; ” so as to read: Hair of the horse, long, and used for weaving, cleansed or not. Horse and cow hair, not cleansed or dressed. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 122, o: 103, after the words “U.S., ” I move to insert the following: Household furniture, and effects, books, and paintings actually in use by the diplomatic, consular, or.officersof the U.S. in foreign countries, imported for the use of the owners, and not as chandise. mer The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 131 I move to strike out the word “and” between the words “paintings” and “statuary, ” and after the word “statuary” to insert “fountains and other works of art;" and in line 132, after the word “State, ” to insert the words “educational, religious;” so that the clause will read: Paintings, statuary, fountains, and other works of art, imported expressly for presentation to national,;educational, religious, or municipal instituons. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 144, after the word “rags, ” I move to insert the word “of, ” and at the end of the line to insert the words “suitable only for the manufacture of paper;” so that the clause will read: onRlaygs of cotton, linen, jute, and hemp, suitable for the manufacture of paper. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 146 another “t” should be inserted in the word “ratans.”
The PRESIDING OFFICER. That change will be made for the sake of orthography.
Mr. FESSENDEN. Between lines 147 and 148 I move to insert the following paragraph: Regalia, meaning thereby articles only worn onthe ipnersons of priests or their officials, or usedby hand the performance of religious ceremonies. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 100 a“nodr, ”56 I move to strike out the word after the word “raw;” and also the words “or rereeled, ” in the same line; and after the word “cocoon” to insert the words “or rereeled;” so that the clause will read: Silk, raw, as reeled from the cocoon, or rereeled in tahdevacnocuendtriyn omfaonruigfainc, tuarned, &ncot doubled, twisted, or The amendment to The amendment was agreed to.
Mr. FESSENDEN. After line 163 I move to insert: Stave bolts and shingle bolts. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out line 169, as follows: Tin in pigs, bars, or blocks. The amendment to The amendment was agreed to. l
Mr. FESSENDEN. I wish to make some few amendments in the part of the bill that has not yet been read, and if it is the pleasure of the Senate to suspend the further reading of the bill until tomorrow, I am willing that it shall go over and come up as the unfinished business.
The PRESIDING OFFICER. It will be taken to be the pleasure of the Senate unless objection be othat the further reading of the bill be postponed until tomorrow.
Mr. FESSENDEN. With the understanding that it will come up as the unfinished business. PrinTING OF REPORTS.
Mr. WILSON, from the ComMilAffrs , to whom were referred a report of the SecyWar, communicating in obedience to law statements by the Chief of Ordnance showing the orders given and the purchases made by the Ordnance office during the year ending December 31, 1866; a report of the SecyWar, communicating in obedience to law the QuarterGen’s statement of contracts made by that Dept from July 1 to December 31, 1866; a report of the SecyWar communicating in obedience to law a list of contracts made by the officers and agents of the Engineer Dept during the year 1866; and a report of the SecyWar, commu nicating, in compliance with a resolution of the Senate of December 17, 1866, reports of the asst commissioners of freedmen, and a synopsis of the laws respecting persons of color in the late slave States, reported in favor of printing the same; which was agreed to. ExECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message from the POTUS, communicating, in compliance with a resolution of the Senate of december 19, 1866, certain information in respect to the progress made in collecting the prod ucts and also the weights, measures, and coins of the U.S. for exhibition at the Universal Exposition to be held at Paris during the present year; which, with the accompanying documents, on motion of Mr. SUMNER, was ordered to be printed, and referred to the ComForRel. HOUSE BILL REFERRED. The bill (H.R.No. 1030) to regulate the sale of gold by the SecyTreasury, was Hai twice by its title, and referred to the ComFinance.
Mr. RAMSEY. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Monday, January 21, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of Saturday last was read and approved. BILLS ANDJtResolutionS.
The SPEAKER stated the 1st business in order was the call of States and Territories for the introduction of bills and JtResolutions for reference only, and not to be brought back by a motion to reconsider. INCREASE of CoMPENSATION OF CRIERs, ETC.
Mr. RANDALL, of Pennsylvania, introduced a bill to increase the compensation of criers and tipstaves of the circuit snd district court of the U.S. held in the cities of Boston, NewYork, Philadelphia, Balti more, Brooklyn, NewOrleans,San Fran cisco; which was read a 1st and 2nd time, and referred to the ComJudiciary. WAYS&MEANS.
Mr. BUCKLAND introduced a bill to amend an act entitled “An act to provide Ways&Means to support the Government, ” approved March 3, 1865; which was read a 1st and 2nd time, and referred to the ComBanking&Currency. PUBLICATION OF LAWS, ETC.
Mr. MAYNARD introduced a bill providing for the publication of the laws and judicial and other notices in the States recently inrebellion; which was read a 1st and 2nd time, and referred to the ComJudiciary. TENNESSEE RIVER IMPROVEMENT.
Mr. STOKES introduced a bill for the improvement of the navigation of the Tennessee river; which was read a 1st and 2nd time, and referred to the ComRds&canals. MIC higAN CITY HARBOR COMPANY.
The SPEAKER (placing Mr. FARQUBAR in the chair for the time and taking his place upon the floor as a Representative from Indiana) introduced a bill in relation to the Michigan ACityj Harbor Company; which was read a 1st 2nd time, and referred to the ComCommerce. RECONSTRUCTION.
Mr. BAKER. I introduce the following JtResolution, and ask that it be referred to the ComJudiciary: Resolved, 1st, that the ten communities lately in armed rebellion against the U.S.A., known as the States of Virginia, NCarolina, SCarolina, a, Florida Texas,, Georgia, Alabama, Mississipp and Arkansas, were left without civil governmentsupon the overthrow of said armed rebellion; 2nd, that the pretended governments since set up therein through the military interference of the POTUS, are defacto, governments of mili origin, without civil foundations, and are not valid State governments under the Constitution of the U.S and could only become such, if at all, by being so recognized and declared by Congressin due form of law. The JtResolution was read a 1st and 2nd time.
Mr. BAKER. I ask that this JtResolution be referred to the ComJudiciary, unless
The SPEAKer shall decide it must go under the rule to the joint select ComReconstruction.
The SPEAKER. The resolution can be referred to the ComJudiciary, and will be so referred.
Mr. FINCK. I rise to a question of order; the resolution cannot be referred without the question to the House.
The SPEAKER. The rule requires its ref. erence without debate.
Mr. FINCR. Without a vote? Is not the House to judge whether a resolution shall be referred or not?
The SPEAKER. By the rule it must be referred.
Mr. FINCK. Is a motion to lay upon the table in order?
The SPEAKER. Not under the rule. If the gentleman prefers another committee he can make that motion.
Mr. ELDRIDGE. I rose to a question of order at the same time that the Gentfrom Ohio [Mr. FINck] did, intending to ask whether this JtResolution did not go to the ComReconstruction.
The SPEAKER. The Chair examined it and thought not, as it did not refer even indirectly to the question of the representation of the socalled confederate States, and the rule of the House is that all papers relating to the representation of the socalled confederate States shall be referred to the JtCom on Reconstruction without debate. AMENDMENT OF THE CONSTITUTION.
Mr. LeBLOND. Would it be in order to move that that JtResolution be rejected?
The SPEAKER. The gentleman can object to granting leave to introduce the JtResolution. That is the only way in which he can arrive at his object:. It is rarely done; but the gentleman has a right under the rules to object to the reception of the JtResolution.
Mr. LeBLOND. If it is necessary to make a motion to that effect I make that motion, that the JtResolution be not received; and upon that motion I demand the yeas&nays. The yeas&nays were ordered.
Mr. WASHBURN, of Indiana. What is the question?
The SPEAKER. The Gentfrom Ohio Mr. LeBLOND] objects to granting leave to the Gentfrom Illinois [Mr. BRoxwell] to introduce this JtResolution for reference to a committee. The rule states that bills and JtResolutions for reference only may be introduced on leave during the morning hour on Monday. The question now is on granting leave; will the House allow the introduction of the JtResolution for reference to the ComReconstruction.,
Skip Skip The question was taken; and it was decided in the affirmative–yeas 94, nays 33, not voting 74; So leave was granted for the introduction of the djuoriinntgresolution. the roll call, Mr. SHANKLIN stated that his colleague, Mr. WARD, was confined to his room by indis. position. The result having been announced as above recorded, the JtResolution, was read a 1st and 2nd time and referred to the JtCom on Reconstruction. RETIREMENT OF LEGAL TENDERS.
Mr. HILL introduced a JtResolution suspending the further retirement and cancellation of U.S. legal currency notes for the Bidwell, Blaine, term of 2 years; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. POWERS AND PRACTICE OF SUPREME COURT.
Mr. WILLIAMS. I ask leave, not being }.when myState was called, to introduce or reference a bill to regulate the practice and efine the powers of the SCOTUS in certain cases arising thereon. ling, Cook, Cullom, Mr. LeBLOND. Let it be reported; I believe the State of Pennsylvania has been passed, and I may object to it after hearing it read. The bill was accordingly read as follows: Be it enacted, &c., That in all casesof writs of error from and appeals to the SCOTUS sSttaattuetsew, herein drawn in question, the validity of a States, or of an authority exercised by the U.S or the construction of any clause of the conssttiattuuttioen, of the U.S., or the validity of a or an authority exercised under any State, or the ground of repugnancy to the Constitution or laws of the U.S. the hearing shall be had?before a full bench of the judges of said court; aagnadinnsotjudgment shall be rendered or decision made the validity of any statute, or of any authority exercised by the U.S., except with the concurrence of all the judges of the said court.
Mr. LeBLOND. I feel compelled to object.
Mr. WILLIAMS. Will it be in order to move to suspend the rules?
The SPEAKER. Not during the morning hour. WETERAN OFFICERS.
Mr. HUBBARD, of NewYork, introduced a bill to amend an act entitled “An act to extend the benefits of section 4 of an act making appropriations for the support of the Army for the year ending June 30, 1866;” which was read a 1st and 2nd time, and referred to the ComMilAffrs. REPAVING PENNSYLVANIA AVENUE.
Mr. INGERSOLL introduced a bill providing for the repaving of a portion of Pennsylvania avenue; which was read a 1st and 2nd time, and referred, together with the accompa nying papers, to the ComDistCol.., y, POWERS AND PRACTICE OF SUPREME COURT.
Mr. BENJAMIN introduced a bill to regulate the practice and define the powers of the SCOTUS in certain cases arising under the Constitution and laws thereof.
Mr. LeBLOND. I believe that is the same bill introduced by the Gentfrom Pennsylvania, [Mr. WILLIAMs] If so, I enter my protest against it again.
Mr. WENTWORTH, I call the yeas&nays on the question of its reception. The yeas&nays were ordered. The bill was again read in full. The question being taken on granting leave to introduce the bill, it was decided in the affirmative yeas 107, nays 39, not voting 45;. So leave was granted. The bill was accordingly read a 1st and 2nd time, and referred to the ComJudiciary. SUFFRAGE IN THE DISTRICT.
Mr. NOELL introduced a bill to amend an act entitled “An act to regulate the elective franchise in the DistCol, ” passed at the 2nd session. 39th Congress, January 8, 1867; which was read a 1st and 2nd time.
Mr. NOELL. I move the reference of this bill to a select committee of 5.
Mr. UPSON. I move that it be referred to the ComDistCol.
Mr. WENTWORTH. I would like to hear the bill read. The bill, which was read, provides that the act of January 8, 1867, be amended so as to abolish all disfranchisement of persons from voting on account of sex.
Mr. NOELL. I desire to state in regard to this bill, that I last Monday introduced a simi lar one, which was referred to the ComDistCol. I believe it is a parliamentary rule that a bill should be referred to a committee that will not strangle it. In asking the reference of this bill to a select committee I simply desire to bring the measurebefore the House. It is a matter of great importance and is at least entitled to consideration. Let the bill be referred to a committee of its friends.
Mr. UPSON. I am not aware that the ComDistCol is not a committee of its friends.
The SPEAKER. The question is 1st on the motion to refer the bill to the ComDistCol. Under the rules a motion to refer to a standing committee takes precedence of a motion to refer to a select committee. The motion of Mr. Upson was agreed to, there being ayes 70, noes 45. So the bill was referred to the ComDistCol. DISTRIBUTION OF SUPREME COURT REPORTS.
Mr. UPSON introduced a bill to provide for supplying the State library of each State with one copy of each volume of the reports of the decisions of the Supreme Court hereafter annually published; which was read a 1st and 2nd time, and referred to the ComPrintg. LIEUTENANT JOHN H. HAMLIN.
Mr. LONGYEAR introduced a JtResolution to pay Lieutenant John H. Hamlin for military services; which was read a 1st and 2nd time, and referred to the ComMilAffrs. TOWN PROPERTY in Great Salt Lake City.
Mr. DRIGGS introduced a bill to authorize the preemption and sale of town property in Great Salt Lake City, Utah Territory; which was read a 1st and 2nd time, and referred to the ComPubLands. PREVENTION OF SMUGGLING. Mr. FERRY introduced a bill to amend an act further to prevent smuggling, and for other purposes; which was read a 1st and 2nd time, referred to the ComCommerce, and ordered to be printed. CHARGES OF CLAIM AGENT8.
Mr. WILSON, of Iowa, introduced a bill to fix and establish the fees and charges of agents and attorneys for performing, collecting, and remitting in all cases of claims for bounty, pensions, pay, and emoluments, where such ees and charges are not fixed and established by existing law, and for other purposes; which was read a 1st and 2nd time, and referred to the ComJudiciary. AMENDMENT OF THE CONSTITUTION.
Mr. COBB introduced a JtResolution proposing an amendment of the Constitution of the U.S.; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. CAPTURE OF JEFFERSONDAVIS.
Mr. PAINE introduced a bill to provide for the distribution of the reward offered by the President for the capture of JeffersonDavis; which was read a and 2nd time, referred to the ComClaims, and ordered to be printed. TIMBER CUTTING in CALIFORNIA.
Mr. HIGBY introduced a bill to legalize an act of the Legislature of the State of California, and to grant the right to cut timber from lands within the county of Alpine, in the State of California; which was read a 1st and 2nd time, and referred to the ComJudiciary. INDEMNITY FOR INDIAN DEPREDATIONS.
Mr. DENNY introduced a bill to indemnify the citizens of the Territory of Washington and the State of Oregon for property destroyed by Indians in the years 1855 and 1856; which was read a 1st and 2nd time, referred to the ComIndAffrs, and ordered to be printed. SETIn E. WARD.
Mr. HITCHCOCK introduced a bill for the relief of Seth E. Ward, of the Territory of Nebraska; which was read a 1st and 2nd time, and referred to the ComIndAffrs. PACIFIC RAILROAD.
Mr. GOODWIN introduced a bill to aid the construction of a railroad and telegraph line from the Gulf of Mexico to the Pacific ocean, and to secure to the Government the use of the same, for postal, military, and other purposes; which was read a 1st and 2nd time, referred to the ComPacRailroad, and ordered to be printed.
Mr. GOODWIN also presented a memorial of the Legislative Assembly of the Territory of Arizona, asking for aid to the southern Pacific railroad; which was referred to the ComPacificRR, and ordered to be printed. ORGANIC ACT OF ARIZONA.
Mr. GOODWIN also presented a memorial of the Legislative Assembly of the Territory of Arizona, asking for a change in the organic law of that Territory; which was referred to the ComTerritor, and ordered to be printed. TOWN OF PRESCOTT, ARIZONA.
Mr. GOODWIN also presented a memorial of the Legislative Assembly of the Territory of Arizona, asking Congress to donate 2 quarter sections of land to the town of prescott, Arizona; which was referred to the ComPubLands, and ordered to be printed. BOUNDARY OF ARIZONA.
Mr. GOODWIN also presented a memorial of the Legislative Assembly of the Territory of Arizona, asking that the act of Congress approved May 5, 1866, setting off to the State of Nevada all that part of the Territory of Arizona west of the ". "degree of long E. west from Washington, and west of the Xolorado river, be repealed; which was referred to the ComTerritor, and ordered to be printed. MAIL ROUTES IN ARIZONA.
Mr. GOODWIN also presented a memorial of the Legislative Assembly of the Territor of Arizona, asking for the establishment o new mail routes in that Territory; which was referred to the comPostOffice, and ordered to be printed. MONTANA SURVEYING DISTRICT.
Mr. McLEAN introduced a bill erecting the Territory of Montana into a surveying district, and for other purposes; which was read a 1st and 2nd time, and referred to the ComTerritor. MonTANA JUSTICES OF THE PEACE.
Mr. McLEAN presented a memorial of the Legislature of Montana, asking Congress to amend the organic act of that Territory so as to extend the jurisdiction of justices of the peace; which was referred to the ComJudiciary, and ordered to be printed. POST ROUTES IN MONTANA.
Mr. McLEAN also presented a memorial of the council of Montana, asking for the establishment of post routes and postoffices in Montana Territory; which was referred to the comPostOffice and Post IRoads, and ordered to be printed. ExAMINATION OF TREASURY DEPT.
Mr. GARFIELD introduced a bill to provide for the examination of the Treasury Dept, and other Executive Depts; which was read a 1st and 2nd time, referred to the ComWays&Means, and ordered to be printed. SanFranCISCO, CALIFORNIA.
Mr. McRUER introduced a bill to relinquish the interest of the U.S. in certain lands to the city and county of SanFrancisco, California; which was read a 1st and 2nd time, and referred to the ComPubLands. REVENUE STAMPs.
Mr. MILLER introduced a bill explanatory of the act relating to revenue stamps upon writs of process in courts of record; which was read a } and 2nd time, and referred to the ComJudiciary.
The SPEAKER. The morning hour has now expired. REGULATING SALES OF GOLD.
Mr. MORRILL, from the ComWays&Means, asked leave to report, for immediate consideration, a bill to provide for the sale of gold, and for other purposes.
Mr. MORRILL. I move that the rules be suspended in order to allow me to report the bill I have indicated.
Mr. WILSON, of Iowa. Let the bill be read. The bill was read. It provides that after the passage of this act whenever a sale shall be made of coin from the Treasury of the U.S. public notice of at least 4 days shall be given by advertisement in one daily news aper of each of the cities of Washington and NewYork, designating the amount to be sold, inviting proposals for any part thereof, namin the place and hour up to which such seale proposals shall be received, the terms of payments, and when and where such proposals shall be opened. such proposals shall be addressed to the Asst Treasurer of the Treasury at NewYork, and shall be opened and declared by him in the presence of such persons as may choose to attend at the time desig nated in the notice; and no proposal shall be considered unless accompanied by a certificate of deposit in the Treasury of the U.S. of 5%. of the amount of coin bid for in such proposal, which shall be received as part pay of the coin bid for when the proposal is accepted, or refunded to the party making the same when not accepted; and payment may be received for coin thus disposed of in compound interest notes with the interest accrued thereon. The Asst Treasurer, with the approval of the SecyTreasury, shall have the right to reject the whole or any parts of any such proposal; provided that none but the highest bid shall be accepted; and in case of different bids at the same rate, said bids shall be accepted only prorata. The question was upon suspending the rules.
Mr. DELANO. Will the Gentfrom Vermont [Mr. MoRRILL] consent to a modification of this bill so as to extend the notice beyond 4 days, in order that this business shall not be confined entirely to the city of NewYork?
Mr. MORRILL. The bill says that not less than 4 days' notice shall be given.
Mr. DELANO. I would suggest to the gentleman that the time should be made at least ten days.
Mr. MORRILL. Every order for a sale will be telegraphed throughout the entire country, and any order which may be given will of course be given by telegraph.
Mr. DELANO. That I am aware of, but I respectfully suggest to the gentleman ten days would be better.
The SPEAKER. It is not; the motion to suspend the rules is not debatable.
Mr. RANDALL, of Pennsylvania. I should like to know about the printing of this bill. This committee has taken a long time to consider it, and now it is to be forced upon the House without being printed.
The SPEAKER. T. It is not yet before the House, the question being on suspending the rules.
Mr. RANDALL, of Pennsylvania. That committee has had a month to consider the subject.
Mr. SCHENCK. I rise to inquire of the chairman of the ComWays&Means whether it is his purpose to F. call the question if the rules be suspended. ask whether he will not pledge himself not to call the previous question.
Mr. MORRILL. I will pledge myself to call the Poio question.
Mr. O'NEILL. I do not rise for the purpose of debate, but merely to suggest to the chairman of the ComWays&Means that he also insert Philadelphia, which is a city of great commercial importance.
Mr. RANDALL, of Pennsylvania. I suggest to the House that this bill be postponed till tomorrow, and ordered to be printed.
The SPEAKER. The Chair will state, as he has heretofore done in reference to the condition of business, that if the bill be postponed it will not be reached again probably during this session.
Mr. RANDALL, of Pennsylvania. I am willing it shall be made a special order.
The SPEAKER. Then it will come in after the o;bill.
Mr. MORRH.L., I insist on the question. If gentlemen will allow it to be explained I do not think there will be serious objection in any art of the House. It is a measure called for by the sentiment of the country.
Skip Skip The House divided; and there were yeas 73, nays 36. Mr. RANDALL, of Pennsylvania, demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 115, nays 38, not voting 38; . So (2/3rds having voted in the affirmative) the rules were suspended. During the vote, Mr. SCHENCK stated the chairman of the ComWays&Means consented to an amendment to extend the time, and he would therefore change his vote from the negative to the affirmative. Mr. BAKER and others made a like statement. The vote was then announced as above recorded. The bill was then received, and read a 1st and 2nd time by its title.
Mr. MORRILL., Mr. Speaker, the present bill is merely intended to provide that Government sales of gold hereafter shall be publicly advertised and be open to all who may desire to bid therefor. While such sales are secretly conducted it is impossible that it should not ive rise to suspicion, if not the charge of avoritism and corruption. such a law may diminish the power of the Secretary for sudden and effective movements, but it will at least protect him from unfounded and damaging rumors. For one I should deprecate the transfer to Congress of the responsibility of the management of our finances from the Treasury Dept where it properly, belongs. We therefore leave the decision with the Secretary as to whether sales shall take place or not; but if any are made the bill opens them to the pub.lic at large, and they will no longer be conto the gold room at NewYork. It is only the surplus above what is required for interest that can be sold; and if ever specie payment should be resumed a large reserve would be indispensable for its accomplishment. The amount now on hand furnishes a basis to some extent for the credit of the legal tender currency; but sell off the gold largely and the relief would be merely temporary, and we should lose all power to resume at all. There is another view of the case. Under this bill no expense will be imposed upon the Government for any sales; as now conducted we pay a broker's commission. They will be made, if this bill should become a law, under the authority of the SecyTreasury, by the sub Treasurer at NewYork. I promised to allow the Gentfrom Ohio [Mr. DELANo) to move an amendment to extend the time for giving public notice of sale, which is fixed in the bill at 4 days. I will now yield for that purpose.
Mr. KELLEY. I desire to ask a question of the Gentfrom Vermont. I have not had ano of examining the bill before the House, and I simply desire to know whether it expressly or by implication authorizes the sale of any gold.
Mr. MORRILL. Not at all; it merely provides that, if the Secretary does sell, it shall be a public sale, advertised for, and that the awards shall be made to the highest bidders in all cases, save where there are coincident bids, they shall be accepted so far as accepted at all at prorata rates.
Mr. KELLEY. There would be nothing inconsistent in the adoption of this resolution at this time and the adoption by the House, should it in its judgment deem fit, of another resolution prohibiting the sale of any gold.
Mr. KELLEY. That is all I wished to know.
Mr. INGERSOLL. I desire to ask a ques.tion; as I moved the reference of substantially this bill to the committee some few weeks since. I wish to know if there is any limit upon the SecyTreasury, so that he shall not be permitted to sell any gold except when the amount in excess shall be, say, $50,000,000.
Mr. MORRILL. There is no limit in relation to the amount of gold on hand. It is simply a law providing that whenever he does sell orn, it shall be at public sale and of the character I have already described.
Mr. INGERSOLL. I desire, at the proper time, to make an amendment to that effect.
Mr. MORRILL. I new yield to the Gentfrom Ohio, to allow him to propose his amendment.
Mr. DELANO. I desire to offer an amendment as to the time when notice is to be given for the sale., My own judgment is that ten days is the shortest time that ought to be adopted. It is urged however by those who are opposed to that extension that it will give an opportunity for gold gamblers to combine and put the price down. My own opinion is that such a combination will be made as effect ually in 4 days as in ten; that by giving ten days competition we will save the country from any ocombination. Now, if I were to follow my own sentiment I would move to amend by making it ten days, but I have so much respect for the chairman of the Committee of W and Means, who seems so well convinced that it is too long a time, that in deference to his judgment I move to extend it only to 6 days.
Mr. MORRILL. I have no right to accept the amendment, but I make no objection to its being offered.
The SPEAKER. The bill being reported by a committee the gentleman has no right to accept it without the assent of the majority of the committee.
Mr. MORRILL. A majority of the committee now present say they have no objection. No objection being made, the bill was accordingly amended by striking out “4” and inserting “six.”
Mr. oARD. Will the gentleman yield for a question?
Mr. MAYNARD. I notice this bill provides that the gold to be sold may be paid for in compound interest notes with principal and interest. Will there not be danger that this may be construed as providing for the conversion of all that class of paper?
Mr. MORRILL. Not at all; I do not suppose the SecyTreasury will be able to get a single million of compound interest notes under the provisions of this bill.
Mr. O'NEILL. I wish to make a suggestion to the Gentfrom Vermont. serve by this bill that public notice of the sale of is to be given only in the cities of Washington and NewYork. I suggest to the ient.leman that he include the cities of Phila Boston, and Cincinnati.
Mr. MoRRiii. I would say in reply to the Gentfrom Pennsylvania that it was not deemed important by the ComWays&Means that notice should be given in either of those cities, because the moment a sale of gold is advertised in Washington or NewYork it will be telegraphed to all the cities of the Union, and it would be a useless expenditure for advertising to provide that the sales shall be advertised in any cities except the cities of Washington and NewYork. If the House differs with the committee I have no objection to the suggestion of the Gentfrom Pennsylvania, but I think it would be a useless expenditure of money.
Mr. O'NEILL. Would not it give an advantage to men in these 2 cities?
Mr. MORRILL. I do not think it would make a difference of 12 minutes.
Mr. WILSON, of Iowa. I wish to make a suggestion to the Gentfrom Vermont. I think that in legislation of this kind the House should be very careful not to do anything which would disturb the currency of the coun. try any more than is absolutely necessary at s, of time. ow, if a sale of gold should be made under this bill, or under the law as it now exists, which would require the payment by the purchasers of, say 30. dollars of currency for the gold sold to them, and the SecyTreasury should draw upon the purchasers or upon the banks immediately for that amount, it might create a temporary stringency in the market, which would work a det riment to the business of the country. It has occurred to me that it would be well in disposing of the gold in the Treasury to require the SecyTreasury to receive, in exchange for the gold so disposed of the funded debt of the U.S.; or, in other words, that in ofor the gold sold by the SecyTreasury he shall receive, instead of currency, 5 20 bonds or ten 40 bonds or 7 30 bonds. In that way a sale of gold would not create any immediate or extraordinary demand upon the currency of the country, and therefore would not disturb it. I merely make the suggestion. I suppose the ComWays&Means have examined the subject.
The SPEAKER. Does the Gentfrom Vermont [Mr. MoRRILL] yield for an amendment to be offered?
Mr. HOOPER, of Massachusetts. I desire to ask the Gentfrom Iowa [Mr. WILson] this question: what effect it would have to have this gold paid for in bonds at parwhich are now selling at a high premium?
Mr. WILSON, of Iowa. That would depend very much upon the character of our legislation. I merely made the suggestion as one which I thought worthy of consideration, although I did not suppose that the chairman of the ComWays&Means would be prepared to afford me an opportunity to offer an amendment of that.inasmuch as he had said that he joined to move the previous question on the 111.
Mr. MORRILL. I think there need be no apprehension in relation to the management of the SecyTreasury, because he, more than any other man in the whole country, has the responsibility upon him to so manage that he can conduct the affairs of the Dept with success.
Mr. INGERSOLL. I desire to inquire of the gentleman whether the bill provides that the payment for this gold shall be made in national currency or whether it requires legal tender?
Mr. MORRILL. We do not prohibit the reception of national currency in payment.
Mr. INGERSOLL. It is left, then, at the option of the SecyTreasury whether he will accept national currency or not.
Mr. MORRILL. I insist on the previous question.
Mr. HOOPER, of Massachusetts. Before the previous question is sustained I desire to suggest a verbal amendment. The bill now reads “Asst Treasurer of the Treasury.” I propose to Treasury.” strike out the words “of the
Skip Skip The amendment was agreed to. The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. MoRRiLL mtRtv the bill was passed; upon the table. agreed to.
Mr. GARFIELD. I move to amend the title of the bill so that it will read, “A bill to regulate the sale of gold, and for other purposes.”
Mr. MAYNARD suggested that the gentleman leave out the words “and for other purposes.”
Mr. KASSON. I suggest further to the Gentfrom Ohio that he make the title read, “A bill to regulate the sale of gold by the SecyTreasury.”
Mr. GARFIELD. I will modify it in way. that The amendment of the title as modified was agreed to, I have no objection to olo Message FROM THE PRESIDENT. A message in writing from the POTUS was communicated to the Hoouse by Mr. WILLIAM G. MooRE.
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 JtResolution No. 227, authorizing the SecyWar to transfer certain property to the National Asylum for Disabled Volunteers. CONTESTED ELECTION. THOMAS WS.ARNELL.
Mr. DAWES. I rise to a question of privilege. The ComElections, to whom were referred the memorial and accompanying F. of Dorsey B. Thomas, contesting the right of Hon. Samuel M. Arnell to a seat in this House as a Representative of the 39th Congress from the 6th congressional district of Tennessee, have instructed me to make aoaccompanied by a resolution. I ask that the resolution be read, and that the report and resolution be laid on the table and printed. The resolution was read, as follows: Resolved, That Dorsey B. Thomas, contesting the Hon. Samuel M. Arnell to a seat in this House as a Representative from the 6th congressional district of Tennessee be, and, he is hereby, dreaqyusired to serve upon the said Arnell, within, 8 after the o:of this resolution, a particular statement of the grounds of said contest; and that suapiodnArnell be, and he is hereby, required to serve said Thomas his answer thereto in 8, days thereafter; and that both parties beallowed 18 days next after the service of said, answer. to take tdeesntiiaml, oniny in support of their several allegations and all respectsin conformity with the requirements of the act of February 19, 1857, except that not tmakoirneg thoafnafnoyudredpaoyssi tine ontiucnedsehratlhl ibsereresqouluirteiodnf or the The report and resolution were laid upon the table and ordered to be printed. LATE ELECTIONS IN MARYLAND.
Mr. WARD, of NewYork. I move to suspend the rules in order to enable me to submit a preamble and resolution for consideration at this time.
Mr. STEVENS. I call for the regular order of business.
The SPEAKER. A motion to suspend the rules on this day takes precedence of a call for the regular order of business, for it is a motion to suspend the rule under which any subject becomes the regular order of business.
Mr. WARD, of NewYork. The preamble and resolution which I desire to submit are as follows: Whereas by the constitution and laws of the State of Maryland who were disloyal to the government of the U.S., or gave aid and en to the recent rebellion are deprived of the elective franchise; and whereasit is alleged that at the last election in the State of Maryland large numbers of the persons disqualified as aforesaid did vote for Representative in the 40th Congress and other officers; and whereasit is further alleged that armed forcesof the U.S. were ordered }. Federal authority to, and did, cooperate with the xecutive of the State of Maryland and others who were engagedwith him in overriding the constitution and laws aforesaid, and in securing the votes of rebels and persons disqualified as loyal aforesaid, and whereby and qualified voters of Maryland were deterred from the free exercise of the elective franchise and from resisting and preventing, the violation of the constitution and laws aforesaid: Therefore, Resolved, That the ComElections shall inquire into and report whether the equstitution and laws have been violated as aforesaid, and whether the President of anyone under his command has in any manner interfered with the said election, or has in any way used or threatened to use the military power oftion, and the nation with roferenceto, the said elec if so, whether it was upon the requisition of the Governor of o;and the committee shall have power to sendfor persons and papers. The question was upon the motion to suspend the rules.
Mr. PHELPS. I rise to a question of order. The point of order is that under the Constitution of the U.S and the rules of this House the present HoRep of the 39th Congress is not competent to inquire into the election and returns of men bers of the 40th Congress.
The SPEAKER. The Chair overrules the point of order. This HoRep can certainly inquire into anything which the House may resolve to inquire into; when the House shall come to act the gentleman's point of order may be made.
Mr. PHELPS. So far as I am concerned there is no reason why I should make any objection to the fullest investigation of the elections referred to by this resolution. But I submit to this House, apart from my point of order, whether it is proper for this Congress to anticipate the action of the 40th confl. in a matter concerning exclusively, as this does, the election and returns of members of that Congress.
The SPEAKER. That is a question for the House itself to determine.
Mr. WARD, of NewYork. I desire to state that I have introduced this preamble and resolution at the instance of prominent Union men of Maryland.
The SPEAKER. A motion to suspend the rules is not debatable.
Mr. FINCK. Then I object to debate. The question was upon suspending the rules.
Mr. FINCK. On that question I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 109, nays 37, not voting 45;. So (2/3rds voting in favor thereof) the rules were suspended. During the call of the roll,
Mr. MORRILL said: A number of the members of the ComWays&Means were last week engaged in their committee; room during the sessions of the House, and they expect to be detained from the House during this week in the same way. This will account for the non-appearance of their names Jones, Ketcham, rence, Marshall, on the yeas&nays. The result of the vote was announced as above stated.
The SPEAKER. The rules having been suspended, the preamble and resolution are now before the House.
Mr. WARD, of NewYork., Mr. Speaker, the preamble and resolution recite substantially all that I would desire to say upon the subject. I think that members of the House fully understand the subject matter of the resolution and are prepared to act upon it. I desire to say only that the resolution is introduced at the instance of prominent Union men of the State of. Maryland, they believing that their only remedy is an to the Congress of the U.S. They believe that the Executive of the State of Maryland, who in imitation of a higher example has been guilty of apos tacy to his party and to the principles upon which he was elected, has handed over the Unionists, bound hand and foot, to the men who, by the constitution of the State, were deprived of the exercise of the elective franchise, because they had been engaged inrebellion against the U.S. With this statement I demand the previous question.
Mr. WARD, of NewYork. I will yield for a suggestion.
Mr. DAWES. I did not understand distinctly the full scope of the resolution; but it seems to me that there are 2 questions arising upon it. 1st, it is so broad that it imposes upon the ComElections, if they are expected to do this work thoroughly and as it ought to be done, more labor than it will be possible for them to perform during the brief period of their existence. The other suggestion is that this will evidently be labor entirely lost, for this same labor will be imposed upon the ComElections of the next Congress; for that committee will not, of course, be identical with the present com. mittee, even if it should include any member of the present committee. While the present committee will not shrink from the performance of any labor within their power which may be required of them by the house, still I think it highly desirable that the Gentfrom NewYork should accept a modification of his motion, and permit the resolution, without being adopted by the House, to be referred to the committee, so that they may inquire whether under all the circumstances this is a proper investigation to be entered upon by the present committee without their being able to make any legal use of the testimony that may be taken, and when the committee of the next Congress would be obliged to carry on a similar investigation, going over the same ground. If the gentleman will consent to trust his resolution with the committee for this purpose, that would seem to me to be the proper course.
Mr. WARD, of NewYork., Mr. Speaker, in the preamble of this resolution there is a suggestion that the POTUS has, without any requisition of the governor of Maryland, without any demand being made upon him in pursuance of the Constitution, interfered in the elections of Maryland; and I think that question should at least be examined by some committee. I felt a delicacy about asking for the appointment of a select committee, because I E. the reluctance which the House feels toward appointing so many select committees, especially so late in the session. I should have asked a reference of this matter to the ComJudiciary; but I knew that that committee is already charged with the io.of many important matters, and is burdened with more business than it can attend to during the present ses:sion. I felt it proper that this matter should o before the Committee of. Elections, becauso well aware that it is a competent committee to make this investigation, and that many members of the committee are elected to the next Congress. But, sir, as I said in the commencement, I offer this resolution at the suggestion of the prominent Union men of if who have suffered everything during the late contest, who have had their homes desolated, their fields laid waste because of their loyalty to the government of the U.S.
Mr. PHELPS. Will the gentleman yield to me? o Mr. WARD, of NewYork. Not now. They supposed they would be protected in the rights of American citizens when the war was over and the old flag again waved over every inch of the national domain, but they found themselves, through the treachery of the Executive of Maryland, transferred to those who had been warring against the Government and seeking to overthrow our institutions transferred to them through the machinery of this Government by aid of the President. And they feel this matter should be investigated now. They went to the Legislature of Maryland; they asked that legislature to investigate these matters, and that legislature has refused to investigate the matters involved in this resolution. The courts there, sir, have sold freedmen into slavery in defiance of the civil rights bill. The President is against them; the Executive of the State is against them; the majority of the people of Maryland who have been rebels and are now restored to power in that State are against them; and, sir, their sole resort is to the Congress of the U.S. I, ask, therefore, this resolution be passed in deference to the sentiments and feelings of these loyal people; and I hope the Gentfrom Massachusetts will not interpose objection. Of course the ComElections can investigate such questions as they may deem proper and their time will permit. I beseech the House, representing as I do the sentiment of the loyal Union people of Maryland–I expected one of the Representatives of the Balti more district would be present to offer it, but he is absent I ask the House to refer the mat oter the committee; and I ask that committee to make a full and fair investigation as far as time will permit. I do not know of any particular labor this committee has at present on its hands. I do not know of any contested election cases. I have great confidence in that committee, and I hope they will give their attention to the subject.
Mr. FHELPs. ask whether any petition or memorial from those prominent loyal men of whom the gentleman speaks has been presented to this House upon which this or any other resolution can be based? I have seen no such petition, and I undertake to deny the fact the gentleman has enunciated that this is sanctioned by prominent loyal men of Maryland.
Mr. WARD, of NewYork. I do not yield for a speech; f only yield for a question.
Mr. PHELPS. This is a matter in which the State of Maryland is concerned.
Mr. WARD, of NewYork. I will yield to the Gentfrom Massachusetts when I have answered the Gentfrom Maryland. He asks if my action is based on any petition presented to this House. I have only to say in reference to that I have had no petition in the form of a petition, but I have had application from numerous Union men of the . of Maryland. One of the prominent Union men who asks this action is the gentleman who claims the Gentfrom Maryland has been returned to a seat in this House by rebel votes in defiance of the constitution of Maryland.
Mr. WARD, of NewYork. I decline to yield to the gentleman. I yield to the Gentfrom Massachusetts.
Mr. DAWES. The gentleman knows the ComElections do not desire to prevent any investigation into this matter, but will be willing to investigate anything trusted to us by this House. If gentlemen will notice how broad it is and what labor it will involve, I think they will consent that it should be mod ified.
Mr. PHELPS. Allow me to correct the gentleman's statement.
Mr. WARD, of NewYork. Mr. Speaker, I desired that my friendfrom Maryland should have an opportunity to make the statement which he has, because I certainly do not wish to odiscussion on this subject. But, sir, I hold in my hand a copy of the American and Commercial Advertiser of Baltimore which purports to give the : of the Legisature of the State of Maryland with reference to a proposed investigation upon this subject, and trusting I shall not weary the House with the matter I ask that that report be read. It is all the information I have on the subject.
Mr. WARD, of NewYork. That is the answer to the 1st question of the Gentfrom Maryland. Now in answer to the 2nd o
Mr. PHELPS. Will the gentleman allow me a question?
Mr. WARD, of NewYork. I cannot. I desire to answer the 2nd question pro gentleman, namely: who has suggested this thing? what promiment Union man has asked me to present this resolution? I can tell him that Hon. John L. Thomas is one, and Mr. Stewart, who is to contest the gentleman's seat in the next Congress, is another. And I have letters here on the subject from numerous parties in the State of Moyland whose names I do not now remember. Now, sir, I say that this is the only remedy which these people have. This is a part of the grand conspiracy in which the President Governor Swann, the rebels of the South, an the Copperheads of the North are engaged, to restore the rebels to power and to demand and insist upon the recognition of the rebel State governments in the South. The SCOTUS has issued its edict, has taken its position; the POTUS has taken his position; the rebels of the South and the Copperheads of the North have taken their position; and the only remedy that is left to the loyal people of this country, to the down trodden and oppressed Unionists of the South, whether in Maryland or in Georgia, or wherever they may be, is to come to the Congress of the U.S.; and, sir, they do come here in this form and ask this interference: that the part taken by the Executive in Maryland matters may be and that the broad seal of congressional protection be thrown over the Unionists of Maryland. I demand the previous question on the resolution, fowo .
Mr. PHELPS. Will the Gentfrom NewYork yield to me for a moment?
Skip Skip The previous question was 2nded ayes 70, moes31; and the main question was ordered to be put.
Mr. LeBLOND. Upon the adoption of the resolution I demand the yeas&nays, that we may see who believes that Congress has power to remedy all these evils, if evils exist. The yeas&nays were ordered. i.ng
The SPEAKER. Is there objection to have the vote taken on the preamble and resolution together?
Mr. LeBLOND. I am perfectly willing that the vote shall be taken together. No objection was made.
Skip Skip The question was taken upon agreeing to the preamble and resolution; and it was decided in the affirmative yeas 104, nays 35, not voting 52; So the preamble and resolution were agreed to. Mr. WARD, of NewYork, mtRtv the preamble and resolution were agreed to; upon the table. agreed to. GEORGE ST. LEGER GRENFEL.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep: I transmit herewith a report from the SecyWar and the accompanying papers, in compliance with a resolution of the HoRep of the 19th ultimo, requesting copies of all papers in F.of the President touching the case of George StLeger Grenfel. ANDREWJOHNSON.
Mr. WENTWORTH moved that the message and accompanying documents belaid upon the table and printed. The motion was agreed to. NCarolinA JUDICIAL OFFICEtts.
The SPEAKER also laid before the House the following message from the POTUS: To the HoRep: I herewith communicate a report from the SecyInterior, in answer to a resolution of the HoRep of the 16th instant, in relation to the clerks of the Federal courts and the marshal of the U.S. for the district of NCarolina. ANDREWJOHNSON. WASHINGTox, D. C., January 19, 1867.
Mr. WILSON, of Iowa, moved that the message and accompanying document be referred to the ComJudiciary, and ordered to be printed. The motion was agreed to. NewOrleans RIOT.
The SPEAKER also laid before the House a communication from the SecyWar, in answer to a resolution of the '. of December 13, 1866, stating that all information relative to the NewOrleans riot of July last has been sent by him to the President for transmission to Congress; which was laid upon the table and ordered to be printed. SPRINGFIELD ARMORY EXPENDITURES.
The SPEAKER also laid before the House a communication from the SecyWar, in compliance with the act of April 2, 1794, transmitting a statement of the Chief of Ord nance of the arms manufactured and repaired and expenditures made at the Springfield ar mory during the year ending June 30, 1866; which was referred to the ComMilAffrs, and ordered to be printed. BOTANICAL GARDEN SEWER.
The SPEAKER also laid before the House a communication from the ComrPubBldg, in compliance with the civil appropriation act of last session, transmitting a report relative to the sewer through the botan ical garden; which was referred to the ComPubBldg and Grounds, and ordered to be printed. LAWS OF UTAH AND ARIZONA.
The SPEAKER also laid before the House copies of the laws of the Territories of Utah and Arizona; which were referred to the ComTerritor. ORDER OF BUSINESS.
Mr. STEVENS. I now demand the regular order of business.
The SPEAKER. The regular order of business is the consideration of House bill No. 543, to provide for restoring to the States lately in insurrection their full political rights, upon which the Gentfrom Indiana [Mr. ERR] isjto the floor. RELIEF of Pooh IN THE DISTRICT.
Mr. INGERSOLL. Will the Gentfrom Indiana yield to me long enough to enable me to introduce a concurrent resolution for the relief of the poor of this District, which I am sure no one i.will have the heart to object to when they hear it read 2
Mr. KERR. I will not object if it gives rise to no discussion.
Mr. INGERSOLL. I then ask unanimous consent to offer the following resolution: Whereas the extreme severity of the present winter has doubled the suffering and distress of the poor; Therefore Be it reebreeaspoplvreodp, r(iathteedS, conuattoefcaonnycumrorinnegyhinertehine. Treasury not otherwise appropriated, the sum of $25,000, to be paid to Major General 0. O. Howard, to be distributed by him to the suffering poor of this District, without distinction of race or color, in such sums as to him shall seem propor.
Mr. LeBLOND. I do not propose to object to the resolution if there is a reason for it, but I know of no reason for the adoption of the resolution; neither do I see the propriety of placing this appropriation in the hands of this GenlHoward. It seems to me that if the appropriation is made at all, it would be more properly placed in the hands of the mayor of the city to be applied by him.
The SPEAKER. Does the Gentfrom Ohio [Mr. LeBLOND] object to the introduction and consideration of this concurrent resol ution at this time?
Mr. LeBLOND. If the Gentfrom Illinois [Mr. INGERSoLL] will assign any satisfactory reason for appropriating this money at this time for this purpose I will not object, otherwise I shall object.
Mr. INGERSOLL. I have received accounts, more perhaps than have been received by any other member of this House because of my position as chairman of the ComDistCol, from all quarters of the distresses of the poor in this city.
Mr. INGERSOLL. Yes, sir, of the white as well as other poor persons; I have had more calls made upon me from the white poor than from any others. This is and has been an unusually severe winter; perhaps the most severe so far of any winter since 1780. On 2 different occasions heretofore Congress has appropriated the sum of $2, 500, and on one occasion the sum of $25,000 for similar purposes. In my opinion there is more occasion now for this assistance than ever before; and this is owing to the combination of high prices, excessive snows, and extreme cold weather of this season, together with the unprepared condition of the poor to meet this kind of weather. Many of them are now living in huts, hovels, and shanties, seeking shelter where they can find it. A poor boy came to me the other day who had been lying of nights in a lumber yard, and consequently had a hand and a foot frozen.
Mr. ELDRIDGE. Will not the gentleman consent to modify his resolution so as to provide for placing this money in the hands of those whose duty it is to provide for the poor in this city?
Mr. ELDRIDGE. It seems to me that those who have charge of the poor of this city will know better how to expend this sum of money than any general officer of the Army or any officer of the Freedmen's Bureau.
Mr. INGERSOLL. The main object I have in view is the relief of the distresses of those who are thus suffering. I shall make no objection to anyone of known integrity and honesty whom the Gentfrom Wisconsin [Mr. ELDRIDGE] may name.
Mr. ELDRIDGE, I would suggest the mayor of Washington or the overseers of the oor. p
Mr. INGERSOLL. Several gentlemen around me say they prefer that GenlHoward shall have charge of this matter. So far as I am personally concerned I have no objection to the mayor of Washington; but as several gentlemen around me object I cannot accept the suggestion of the gentleman.
Mr. RADFORD. I shall insist that this resolution, containing an appropriation, shall be referred to the ComWhole unless some person is joined to the one named in the resolution for the disbursement of this money.
Mr. STEVENS. I would ask if this money is to be drawn from the Treasury of the U.S.?
Mr. STEVENS. Then it should be distrib uted by U.S. officers. If that is not provided for I must object to it and insist upon the regular order of business.
Mr. HOOPER, of Massachusetts. Will the gentleman allow me to suggest
The SPEAKER. The Gentfrom Indiana [Mr. KERR] yielded on the condition that this matter should not give rise to debate.
Mr. KERR. I desire to suggest, in regard to this resolution, that it be modified so as to provide that the money shall be distributed the mayor of this city in conjunction wi GenlHoward.
Mr. ELDRIDGE. The mayors of the cities of Georgetown and Washington, and GenlHoward.
The SPEAKER. If the Gentfrom Illinois [Mr. INGERsoli.] will state in what shape he desires to present the proposition the Chair will put the question to the House.
Mr. STEVENS. I call for the regular order.
Mr. INGERSOLL. I move to suspend the rules.
The SPEAKER. The regular order having been demanded, the Gentfrom Indiana [Mr. KERR] was upon the floor some time. since, and yielded to allow the Gentfrom I have no objection to Illinois [Mr. INGERsoll] to ask unanimous consent for the introduction of a resolution. The Gentfrom Indiana cannot, unless by his own consent, be taken off the floor by a motion to suspend the rules.
Mr. KERR. I must decline to yield further.
Mr. INGERSOLL. Will not the Gentfrom Indiana allow me a word in explanation of my position here? I have been appealed to by gentlemen on both sides of the House to yield to suggestions and I have declined. I would like to state my reasons.
Mr. RANDALL, of Pennsylvania. I object to further debate on this question. I insist on the regular order. RECONSTRUCTION. The House resumed the consideration of House bill No. 543, to provide for restoring to the States lately in insurrection their full political rights.
Mr. HIGBY obtained the floor. RELIEF OF POOR IN THE DISTRICT –AGAIN.
Mr. INGERSOLL. The Gentfrom California [Mr. HIGBY] kindly consents to yield to me that I may have another opportunity to present the JtResolution appropriating $25,000 for the relief of the poor of this district.
Mr. HIGBY. Provided that it gives rise to no debate.
The SPEAKER. In what shape does the Gentfrom Illinois now present his proposition?
Mr. INGERSOLL. In order that the resolution may go through without opposition I have consented to modify it so that the distri bution of the fund shall be under the control of GenlHoward and the mayor of Washington.
Mr. WILSON, of Iowa. I object to it in its present form, though, I am willing it shall be introduced and passed in the form in which the gentleman originally presented it. Mits. MARY WEBBER. Mr. CULVER, by unanimous consent, introduced a JtResolution for the relief of Mrs. Sarah Webber, late postmistress at Franklin, Pennsylvania; which was read a 1st and sec. ond time, and referred to the comPostOffice and Post Road. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a JtResolution (H.R.No. 227) authorizing the SecyWar to transfer certain property to the National Asylum for Disabled Volunteers; whereupon The SPEAKer signed the same.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. ForNEY, its Secretary, announced that the Senate had passed a No. 479) entitled “An act to punish illegal voting in the District of Colum ia, and for other purposes, ” in which the concurrence of the House was requested. RELIEF OF POOR IN THE DISTIRICT –AGAIN.
Mr. WILSON, of Iowa. I withdraw my objection to the introduction of the resolution of the Gentfrom Illinois, [Mr. INGER so LL.
Mr. STEVENS. I suggest to the Gentfrom Illinois that he modify his resolution by inserting after the word “sums” the words “and commodities, ” so as to read “in such sums and commodities as to them shall seem proper.
Mr. McKEE. I object to the introduction of the resolution in its present form. WHIPPINGS IN NORTH CAItOLINA.
Mr. FARQUHAR, by unanimous consent, submitted the following reselution; which was read, considered, and agreed to Resolved., That the select committee, heretofore authorized by this House to investigate the facts in the case of certain murderers in SCarolina who were discharged by writ of hereby, habeascorpus, be, and are instructed further to investigate and report the facts of alleged punishment by publicly whip ping citizens of the U.S. in NCarolina, and particularly at Raleigh and vicinity, and the burning aliye of citizens in, SCarolina while confined or imprisoned in jail.ed WArd LUsher.
Mr. GRISWOLD, by unanimous consent, introduced a bill for the relief of Edward Lusher; which was read a 1st and 2nd time, and referred to the ComCommnerce. RedExipTION OF SMALL COINS.
Mr. KETCHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructed to inquire into the expediency of providing by law that coins of the denomination of one, of two, of 3, and of 5 cents shall be redeemable at the offices of the treasurer and Asst Treasurer of the U.S. when presented in sums of not less than ten dollars. RELIEF OF POOR IN THE DISTRICT –AGAIN.
Mr. INGERSOLL. consent to submit a JtResolution for the relief of the suffering poor of the DistCol.
Mr. RANDALL, of Pennsylvania. I hope the gentleman will yield to me to move to insert the name of the mayor of Georgetown. o f "Nijo. ". ';. of Columbia and is already included. I move the resolution now with the names of GenlHoward and Mayor Wallach.
Mr. ELDRIDGE. If the JtResolution be presented in that form there will be no objection on this side of the House.
Mr. INGERSOLL. Can I move a suspension of the rules?
The SPEAKER. The gentleman has not the floor to make such a motion, another subject, the regular order, being pending.
Mr. INGERSOLL. Can I not move to postpone it? Objection was made.
The SPEAKER. The Chair will state, in reference to the reconstruction bill, that if postponed without being made a special order it may not again come up this session. RECONSTRUCTION. The House then resumed the consideration of House bill No. 543, to provide for restoring I again ask unanimous to the States lately in insurrection their full political rights, on which the Gentfrom California [Mr. HIGBY] was entitled to the floor.
Mr. STEVENS. The Gentfrom California yielded to me for a few moments. I propose to call for the vote on the pending bill tomorrow at one o'clock p. m. I now give that notice. I will move, as there are several gentlemen who wish to speak, that there be an evenin session. I trust we will take a recess. half past 7 o'clock p. m., and that the evening session be devoted to debate only. I move that the recess begin at the close of the hour of the Gentfrom California. There was no objection; and the motion was agreed to. By unanimous consent it was agreed that at the close of the evening session Mr. STEVENS should be considered as holding the floor.
Mr. BANKS, by unanimous consent, submitted the following resolution; which was read and referred to the ComLibrary: Resolved, That the ComLibrary be authorized to paintings, thorcooungtrhalyct with Albert Bierstadt for 2 American in character, representing some prominent feature of the scenery or important event in the discovery or history of America, to fill 2 unoccupied panels of the Chamber of the HoRep. RELIEF OF POOR IN THE DISTRICT –AGAIN.
Mr. INGERSOLL. I desire to submit for adoption the JtResolution offered by me twice before providing for the relief of the poor in the DistCol.
Mr. RADFORD. I do not object provided the understanding is that it is to ic. the Mayor of Washington as well as General How ard, and is not to be amended.
Mr. WILSON, of Iowa. I object if the resolution is to be introduced with the understanding that it is not to be open to amendment.
Mr. STEVENS. I hope the next time the gentleman introduces the JtResolution he will modify its language so as to say “in such sums and commodities.”
Mr. INGERSOLL. I hope the gentleman The Senators at from NewYork will withdraw his objection.
Mr. RADFORD. I understand what the surprises me that with the Constitution so sadly House and then to amend it as they please, and therefore I must object to the introduction of the resolution unless it be with the understanding that the name of the mayor of Washington shall not be stricken out.
Mr. WILSON, of Iowa. And I object to the resolution coming in with any understanding that it is not to be open to amendment. HULL AND COZZENS, AND A. O. NAYLOR. Mr. HOGAN, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Iesolved, That the Committee on requested the Territories be to inquire what sum or sums of money are due to Hull & Cozzens, and A. O. Naylor, of StLouis, Missouri, for work done and materials furnished for building the State House for Nebraska Territory, and to report by bill or otherwise. And then, in compliance with the order of the House, (at a quarter to 5 o'clock p.m.,) a recess was taken till half past 7 o'clock p. m. EVENING SESSION. The House resumed its session at half past 7 o'clock p. m., Mr. VANHoRN, of NewYork, acting as Speaker protempore.
The SPEAKER protempore. The Gentfrom Ohio [Mr. Ashley] is entitled to the floor, but as he is not present the Chair will assign the floor to the Gentfrom Kentucky, [Mr. TRIMBLE] TAX ON DISTILLED SPIRITs.
Mr. DODGE. Mr. Speaker, it was my purpose to have prepared some remarks to submit to the House in the morning, but I understand the debate is to close this evening, and I shall have no opportunity in the morning. I therefore embrace the present moment to give some reasons why it will be impossible for me to vote for the bill or the amendment. But I trust in the remarks I am about to make I shall not be accused of being a renegade to party; that I shall not be accused of goin with those who are considered as enemies o the best interests of the country, for I claim to be as loyal as any other man.
Mr. RADFORD. To whom does the gentleman refer as enemies of the country? Does he mean gentlemen on this side of the House?
Mr. RADFORD. Will my colleague allow me to ask him a question?
Mr. RADFORD. I desire to know if the gentleman is now in favor of admitting the southern States to a representation here in Congress provided they ratify the amendment to the Constitution?
Mr. DODGE. I say unhesitatingly that I should, provided they send loyal men here.
Mr. SCOFIELD. Will the gentleman allow me to ask him a question?
Mr. HISE. I will with pleasure if it will not take much time.
Mr. SCOFIELD. Suppose the confederate States had succeeded—
Mr. HISE. It would then have been a successful revolution.
Mr. SCOFIELD. The gentleman has not heard my question. Suppose they had succeeded in establishing their independence by force of arms, the Constitution o the U.S. being unchanged, no amendments having been agreed upon either by us or them, would they then be States in the Union while running their own governments and entitled to rights here under the Constitution? And if not under the Constitution how would they have got out of the Union?
Mr. HISE. It would have been a case of a successful attempt at revolution; they would have established their independence. If they had prosecuted that struggle until the North had ceased to resist or to wage war for their subjugation and had acquiesced in their independence, why then the States remaining would have been the U.S. north, and the other States would have been the States south under their own confederate government and constitution.
Mr. SCOFIELD. If they had no power to secede, had we any power to acquiesce? What becomes of the constitutional provision regard:ing them as States after they have severed their connection with the Federal Governmentf
Mr. HISE. When I speak of secession 1 am speaking of the law as applicable to it, and not upon the subject of the successful applica.tion of force. The law of the case is that they cannot secede; there is no authority in the Constitution for their secession. The compact is between sovereignties, by which they bound themselves perpetually that the Constitution of the U.S and the laws of the federal Congress made in pursuance thereof shall be the supreme law of all the States of the Union, anything in the constitution and laws of any State to the contrary notwithstanding. Every State, therefore, by its own ratification of that Constitution agreed with every other State to remain in perpetual unity under that compact, never supposing, much less providing for, such an event as secession or severance. Therefore secession, attempted, severance, was a revolutionary movement. It may have been rightful or wrongful; that is a subject which I do not desire to discuss; I desire to promote harmony and good feeling between my friends North and South.
Mr. SCOFIELD. The gentleman does not meet my question exactly. I agree to his premises about the Constitution.
Mr. HISE. I think I understand my friend's position.
Mr. SCOFIELD. Well, but suppose these States had remained out 50 years, runnin their confederate government meanwhile; if understand the Gentfrom Kentucky, he claims that they would have been theoretically States in the Union under the Constitution and entitled to representation. But their secession and war were unconstitutional. Our consent to it, even if we had consented, was unconstitutional; and they were bound to us, and would be entitled all the time for these 50 years to have representation in our Government.
Mr. HISE. I would suppose that if the war had been conducted for 5 or 6 years, and then terminated by the consent of the 2 bel ligerents
Mr. SCOFIELD. Ah! that is not what I suggested.
Mr. HISE. In such case it would be like 2 game cocks, that have fought and continued the fight until they find that neither can master the other. They then retire by degrees, getting a little further apart, and finally separate and each goes his own way. Why, sir, if that state of things were to continue for 50 years the doctrine of lapse of time would apply, and the southern States would have become an in dependent confederate Government; and the northern States would have retained their own independence and union under their existing Constitution; in other words, it would have been a successful revolution, resulting in a severance of the States by force and not by law. But such is not the case here.
Mr. SCOFIELD. Then I understand the gentleman to say that it is a question of time; if they only stay out 4 years then they are still States and entitled to representation; but if they stay out 50 years they are not entitled to representation.
Mr. HISE. If they stay out 50 years you have no right to govern them. All Governments, let me say to the gentleman, are instituted by the people for the purpose of promoting their own peace, welfare, and happiness. Govornment is but a machinery costly, expen sive, and attendant with a variety of evils, among which is its tendency always to usurpation and corruption. Yet Governments have boen found to be necessary evils by peoples where they have the doctrine of meum and tuum prevailing; for the conservation of rights of o and person. In such cases the people have found it to be necessary to create governments for their own protection, advantage, and happiness. That being the case, no Government can continue to prosecute a war for 50 years for its own aggrandizement, and to subjugate by military power a people attempting to establish their own independence, and reduce them to a state of absolute political and individual slavery.
Mr. FARNSWORTH. Will the gentleman allow me to ask him a question?
Mr. PERHAM moved that the House adjourn. The motion was agreed to, and accordingly (at ten o'clock p. m.) the House adjourned.
@@@IN SENATE SENATE. TUEsday, January 22, 1867. Prayer by Rev. C. R. HAINs, of West River, Maryland. The Journal of yesterday was read and approved. PRESIDENT protempore presented the credentials of Hon. Charles D. Drake, elected a Senator by the Legislature of the State of Missouri for the term of 6 years, commencing on the 4th of March, 1867; which were ordered to be placed on the files of the Senate. ExECUTIVE COMMUNICATION. the o.o. tempore laid before the Senate a report of the SecyWar, communicating, in obedience to law, a statement of the expenditures and of the arms, &c., manufactured and repaired at the Spring field Armory during the year ending June 30, 1866; which was referred to the ComMilAffrs , and ordered to be printed. PERSONAL ExPLANATION.
Mr. WILLEY. I ask the indulgence of the Senate to make a remark or 2 in regard to a matter in the nature of a matter of privilege. It will be within the recollection of the Senate that a few days since I had occasion to advert to certain extracts from the Wheeling Regis ter, at that time edited by a Mr. Long, now postmaster of the city of Wheeling. I have received a letter from Mr. Long, in which he complains somewhat that injustice has been done him by reading those extracts; and I will read his own explanation, so that it may go out to the country together with the extracts: “Of the alleged extracts from the Register but one appeared as original matter, the others, if they were published at all, having been copied from other journals. In addition to this fact, it can be proyen that I was not personally responsiblefor the publication of any of these things. "I was absent from the city and from the State when, it is alleged that the enxottrhaicntgs twoedroewpituhbltihsehmedwhinatethveer, Raengdisshteoru., ld, Ine ht abde made to suffer for them.” It is proper I should state that the attention of Mr. Long was directed to these extracts so long ago as the 30th of August last by a very sharp criticism in another paper published in that city; but I am not aware that Mr. Long or any other person for him disavowed his complicity with those articles, or in any way denounced the spirit and matter of them until now. It was to be presumed, therefore, that he was responsible for them. My remarks and the extracts have gone out to the country, and I have placed his own explanation upon the records of the Senate, to go out along with them, and if any injustice has been done him his own explanation of the matter will go out to the country also.
The PRESIDENT protempore. The motion to print will go to the ComPrinting, the order to lie upon the table will be entered. PAPERS WITH DRAWN AND REFERRED. On motion of Mr. HENDERSON, it was Ordered, That the papers in the case of Georgeand W. H. Wood, presented to the Senate on the 20thof January, 1864, and referred to, the ComClaims, be withdrawn from the files of again the Senate and referred to said committee. REPORTS OF COMMITTEEs.
Mr. HENDERSON, from the ComIndAffrs, to whom was referred the JtResolution (H.R.No. 126) for the relief of certain settlers on the Sioux reservation, in the State of Minnesota, reported it without amend Iment. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.521) to amend an act entitled “An act for the disposal of coal lands and of town property in the public domain, ” approved July 1, 1864, and to amend an act supplemental thereto, approved March 3, 1865; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Mr. WILSON asked, ic by unanimous consent obtained, leave to introduce a bill (S.No.522) to equalize the bounties of soldiers, sail ors, and marines who served in the late war for the Union; which was read twice, by its title, and referred to the ComMilAffrs .
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.523) to provide for the registration of elect. ors in the Territories of the U.S.; which was read twice by its title, referred to the ComTerritor, and ordered to be printed.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.524) establishing the salaries of the judges in the Territories; which was read twice by its title, and referred to the ComJudiciary. Mr. PATTERSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.No.158) for the relief of Ellis; Daniel which was read twice by its title, and referred to the ComMilAffrs . DIGEST OF REVENUE LAWs.
Mr. SHERMAN. I ask the Senate to grant an order for the printing of a digest of the statutes of the U.S. prescribing the rates of duties on imports in force October 1, 1866, with an index prepared by Mr. Lewis Heyl, of the Treasury Dept. As the subject is now before us, I desire to have this digest printed, so that we may have it on our tables. The motion was agreed to. CONSTRUCTION OF LAND GRANT BILLS.
Mr. NORTON submitted the following resolution; which was considered by unanimous consent, and agreed to: Whereas it is alleged that by the construction of the Congress Depargtrmaenntitngof the interior of several acts of lands to aid in the construction of certain railroads settlers are deprived of the full benefit of the precmption and homestead laws: Therefore Žeroiced. That the ComPubLands be, and is hereby, directed to o what, if any, legislation is necessary or may be had to construction, correct such and to report by bill or otherwise. Pension AGENTs.
Mr. LANE. I move that the Senate proceed to the consideration of Senate bill No. 69, to provide for the payment of pensions, which stands upon a motion to reconsider.
Mr. HENDRICKS. As a bill has passed the Senate regulating the appointment and tenure of all officers whose appointment requires the confirmation of the Senate, I cannot see any necessity for this bill; at least the latter part of it. All that it is necessary now for the Senate to do, it seems to me, is to provide for the appointment of these agents by the President, by and with the advice and consent of the Senate, and then they will fall under the bill that was passed last week. If Senators think that bill was right in regard to all presidential appointments, these being presidential appointments of course ought to be governed by its provisions; and therefore I think the reconsideration ought to take place.
Mr. LANE. After full consideration at the last session and the present session we have matured and passed a bill for the appointment of pension agents, which now stands merely upon a motion to reconsider. It was passed by a very large vote of the Senate, and a motion to reconsider was made. It does not fall within the scope of the bill passed on the subject of appointments to office generally, because the provision embraced in this bill is not touched by the provisions of that bill. It is true that this bill makes the nomination of the President and confirmation of the Senate necessary to the appointment of pension agents. It is equally, true that by another provision reported by the ComJudiciary this bill proposes that the offices of certain pension agents, those appointed since July last, shall expire within 30 days after the passage of the bill. This bill, then, contemplates a class of officers not embraced and not touched in the general bill passed the other day. As the whole subject of the bill has been under debate several times in the Senate, I shall content myself now with expressing the hope that the Senate will not reconsider, but will let this matter be passed.
Mr. HENDRICKS. I do not wish to continue the debate with my colleague on this subject; but I think his 1st suggestion is calcu lated to make a wrong impression on the Senate. He said that this bill was considered at the last session and passed. At the last session he reported a bill making these agents to be apointed by the President, and not any longer i. the SecyInterior. That was the bill that my colleague proposed a bill that I was very well satisfied to approve; but he never did report, and I do not think he would report, a bill that certain officers appointed before the 1st day of October shall not go out of office, and all appointed under the same law after that date shall go out. He did not report any such provision; it was not in the bill; the Senate did not vote it at the lar session; it was not up; but now, when these appointments are made subject to the confirmation of the Senate, this entire class of officers will fall under the operations of the bill that the Senate passed last week. If that bill is right, it ought to govern these officers; if it is wrong, it ought not to govern any officers. That is a plain proposition. It is the bill that the majority agreed to in regard to presidential appointments. If it is right, the majority ought to make it applicable to all officers; if it is wrong, they ought to repeal it. PRESIDENT protempore.tion is on the motion that the Senate now proceed to the consideration of Senate bill No. 69, to provide for the payment of pensions. The motion was agreed to. The jo o tempore. The bill is before the Senate. The question is, Will the Senate reconsider its vote passing the bill?
Mr. BUCKALEW. I understood the question was on reconsidering the concurrence of the Senate in the House amendment. The bill passed the Senate at the last session and came back at the present session from the House with this amendment in relation to the dismission of agents at the expiration of 30 days; and, if I am correct in my recol r The ques lection, the pending question is upon reconsidering the vote by which the Senate concurred in the House amendment.
The PRESIDENT protempore. The Senfrom Pennsylvania is right technically; but that vote passed the i and the Chair therefore stated it in the general form. Teck nically, the question is, will the Senate reconsider its vote concurring in the amendment made by the House to the bill, the effect of concurring being to pass the bill. The ques.tion is on the reconsideration.
Mr. BUCKALEW. Then I hope the senate will reconsider its vote in order to free the bill from this novel feature, and, as already explained by the Senfrom Indiana, allow these officers to fall under the general regulations, which are, or may be, provided by law, instead of singling them out, a very few in number, and introducing a very objectionable feature in our legislation, to wit, the direct dismissal of officers by the act of Congress itself, the legislative body, instead of leaving their dismissal either to the former regulations of law or to the new principle which has been introduced, namely, the conjoint action of the Senate and the President.
Mr. FESSENDEN. I ask for the yeas&nays on the reconsideration. The yo&nays were ordered.
Mr. FESSENDEN. There was no sort of objection in the mind of anyone to the 1st provision of the bill, which was all very proper as it passed the Senate originally, and that was providing that these officers hereafter shall be nominated by the President and confirmed by the Senate, and providing also for limiting the number. But the bill goes further o the amendment of the House, and provides that a certain portion, of those who have been appointed not all of them, but a certain fo. who have been appointed recently shall go out of office. understand it.
Mr. TRUMBULL. All who have been apointed within a certain period.
Mr. FESSENDEN. Why not apply it to all who have been appointed?
Mr. FESSENDEN. The reason is very obvious. The Senator need not give it. Those appointed before that as pension agents were appointed by our side. Since the present SecyInterior has come in he has turned out a few and appointed some others; and the bill provides, or is intended to provide, that those whom the present Secretary has appointed since he came into office shall go out. That is about the amount of it. If the Senator wants to conform his action to all the previous legislation of Congress let him put them all out. I have no objection to the proposition except simply what I stated a day or 2 ago: it is a kind of legislation that I do not like. Authority has been exerted legally on the subject, and I do not think it will look well for the credit of Congress if we direct our legislation merely to putting out a few officers who have been appointed in different parts of the country I believe there are but few of them by the present SecyInterior. That is my only objection to it, and it is the reason why I objected the other day. If the Senate choose to do it, they can do so; but I really do not think that the great duty of the hour of the great party to which I have the honor to belong is to devote itself to keeping certain persons in office and preventing other persons from getting in. they have duties beyond and larger than that.
Mr. TRUMBULL. I do not think either that that is the great business of the country, to keep certain men in office and certain others out; but I think it is very proper that the con‘gress of the U.S., so far as it has the power, should see that the friends of the country exercise the official authority of the country. These persons have been appointed, to say the least of it, under questionable authority. I have looked into the law as carefully as I was capable of examining it, and I have never been satisfied that the SecyInterior had the authority to make these appointments.
Mr. FESSENDEN. The present Secretary had just as much as the previous Secretary.
Mr. TRUMBULL. Yes, sir; but this is a novel thing that has been done very recently by all of them since the war. I made some remarks in the Senate before the present Secretary occupied the position of SecyInterior in which } contested the authority of the Secretary to make these appointments.
Mr. FESSENDEN. Nobody objects to that part of the bill at all.
Mr. TRUMBULL. No, sir; they ought not all to go out because the law had specifically provided for certain pension agents. Congress many years ago established pension agents when this branch of the public service was connected with the War Dept, and by special acts of Congress pension agencies were established in the different States, at Tusca loosa, Alabama, and at other points; but when this branch of the public service was transferred from the War to the interior Dept, the SecyInterior assumes, possibly correctly by inference from some laws which have been passed there is no direct statute author.izing it that he had this authority. I think it is questionable whether he had it or not. This is not novel legislation. I will say to the Senfrom Maine that similar legislation to this was had in 1820 when the terms of various officers were fixed; some went out of office at the end of one year, and some at the end of two. This bill does not prevent the President from removing any of these officers, but it declares that certain of them shall go out within a lim ited period: and so did the act of 1820.
Mr. FESSENDEN. That turned them all out at some period or other. That is the way it stands Ias
Mr. TRUMBULL. I think it did provide that all of them should go out within some period. It seems, then, that if this bill had provided that no one should hold the office for more than 4 years without a reappointment, as the act of 1820 provided in regard to mar shals, a certain class of postmasters, district attorneys, registers of land offices, and other officers, it would obviate the objection which the Senfrom Maine has. Perhaps it would be well enough to limit it. I am not sure whether the bill under consideration does limit the term of service to 4 years or to any definite period. It might be well enough to do it. But whether limited or not, the President exercises the power of nominating at any time a person as a new incumbent of any of these offices, and if the Senate confirms the nominee the old officer goes out even within the 4 years. It is a very common thing for a postmaster to be removed who has served but one or 2 years, although the term of office which he would serve would be 4 years if he was not interfered with by the Executive.
Mr. LANE. If the Senator will pardon me one moment, I can inform him that the bill provides expressly for a term of 4 years.
Mr. TRUMBULL. Very well; then it meets that objection. They all go out within a limited period, and it is in that respect in precise conformity to the legislation of 1820. The only effect of the bill is, that it provides that certain officers shall go out sooner than others. There is nothing novel, in that legislation; and it seems to me, in the condition of the country, it is very proper that such legislation should be had. P.am desirous that legislation should be had that will put a termination to the offices of certain persons who have been appointed within the last few months, in some of the States at least.
Mr. CONNESS. I am opposed to this reconsideration, and I confess very freely that my opposition is based in a great measure upon the fact that the appointments complained of were made by the present SecyIn terior, because I regard him as one of the most responsible of the bad advisers of the President, and one of the most accountable for the unfortunate differences that have occurred betweenthe executive and legislative depts of the Government. These do not furnish the only cases in which that officer has exhibited that class of partisanism that is based upon the removal of men from office because they have not taken up the cudgels in behalf of the Executive, or rather against Congress. In place of using his time and bringing his talent to an adjustment of the differences that existed, I have the best reason to believe that that officer has constantly promoted the unfor tunate difficulties to which I have referred, from which the country suffers so much. There. fore, sir, I am opposed to the reconsideration and in favor of just such legislation as has been enacted.
Mr. SAULSBURY. I wish to state a simple proposition, which is clear to my own mind, and yet I may be in error. It is a question of law. These pension agents were appointed by authority of law by the Secretary o the Inte rior. They entered upon the discharge of the duties of their office. According to judicial decision, they had a property in their office; and the proposition now is, not to repeal the act creating the offices, but to remove, by legislative power, men in office having a property in their office. I hold that that is not within the competency of Congress; but if they wish to get clear of these officers they must repeal the act under which they were appointed; and Congress has so acted. When it seemed necessary for the good of the country, and in obedience to the dictates of “loyalty, ” that congress should get clear of the courts in this district, what did they do? Did they attempt by a single act of legislation to remove the No, sir; but they repealed the act constituting the court. Now, sir, I hold that these officers having been appointed according to law by a power having the right to appoint them it is not competent for the legislative dept of the Government simply to remove them; but if they wish to get clear of them they must repeal the actunder which they were appointed, and pass another act, under which other persons may be appointed in their stead. For that reason I shall vote for the reconsideration.
Mr. TRUMBULL. I stated that this legislation was not without precedent. The Senfrom Maine seemed to think it was a novel mode of legislating. I have now before me the act of May 15, 1820, which declares “That from and after the passing of this act all district attorneys, collectors of the customs, naval officers and surveyors of the customs, navy agents, receivers of public moneys for lands, registers of the land offices” Enumerating various officers “to be appointed under the laws of the U.S., shall be appointed for the term of 4 years, but shall be removable from office at pleasure.” The 2nd section reads as follows: “That the commission of each and every of the officers named in the 1st section of this act. now in office, unlessvacated by removal from office or otherwise, shall ceaseand expire in the manner following: all such commissions bearing date on or before the 30th day of September, 1814, shall cease and expire on the day and month of their respective dates which shall next ensue after the 30th day of September next: all such commissions bearing date after the said 30th day of September, in the year 1814, and before the 1st day of October, 1816, shall cease and expire on the day and month of their respective dates which shall next ensueafter the 30th day of Septem ber, 1821;and all other such commissions shall cease and expire at the expiration of the term of 4 from their respectivedates.” Now, the Senate will observe that if a person was appointed a register of a land office or a district oafter the 1st day of October, 1816, say on the 1st day of November, 1816, he would go out at the end of 4 years, which would be the 1st of November, 1820; whereas a person appointed before October, 1816, would hold until the 30th of September, 1821.
Mr. FESSENDEN. It is the other way I think.
Mr. TRUMBULL. No, sir; those last appointed would go out before those who had been appointed prior to October, 1816. Those appointed prior to October, 1816, and after 1814, were to hold until the 30th of Septem ber, 1821, but all others
Mr. TRUMBULL. Well, if they were appointed in November, 1816, the 4 yea would expire in November, 1820, which would be a year before the others would go out; and the different periods were fixed when the various officers would go out of office. I think the case is entirely analogous to the one we have before us. It is no new legislation nothing extraordinary to declare that certain persons in office shall go out of office. Some time certainly should be fixed when these persons appointed by the SecyInterior should go out of office.
Mr. FESSENDEN. I will simply say that the Senator is mistaken. Those earliest appointed by the act of May 15, 1820, go out of office 1st.
Mr. TRUMBULL. If the Senator will read it through he will see that he is mistaken.
Mr. FESSENDEN. I will read it: “All such commissionsbearing date on or the 30th day of September, 1814” before That is the earliest date. “shall cease and expire on the day and month of their respective dates, which shall next ensueafter the 30thday of September next.” That is 1820.
Mr. TRUMBULL. That is right. the 1st time.
Mr. FESSENDEN. “All such commissionsbearing date after the said 30th day of September, in the year 1814, and before the 1st day of October, 1816s, hall ceaseand expire on the day and month of their respective dates, which tonest ensue after the 30th day of September, That is That is a later year.
Mr. FESSENDEN. 'ex“Apinrde, all, other such commissions shall ceaseand at the expiration of the term of 4 years from thcirrespective dates.”
Mr. TRUMBULL. Let me ask the Senator, suppose a person was appointed on the 1st of November, 1866, when would he go out of office?
Mr. FESSENDEN. But the obvious intent of the law is to make those 1st appointed go out 1st.
Mr. TRUMBULL. It is as to part of them; but the Senator will see it is not the case as to those a pointed after October, 1816.
Mr. o?. It goes up to 1820. There might possibly be a few, but the most of them would hold over for a still longer period.
Mr. TRUMBULL. Some of them, but the principle is in the bill.
Mr. FESSENDEN. The principle is that those 1st appointed should 1st go out of office clearly, because otherwise why did they post pone the 2nd class after the 1st class; and even there the great majority of them would come in the same way.
Mr. TRUMBULL. But some of them would Ine t.
Mr. FESSENDEN. It is possible a few might not, but it is obvious that that is the principle of the bill; whereas the principle here is to make a few recently appointed go out anyhow and leave the rest in. However, I care nothing about it, and as it is one o'clock and I wish to take up the tariff bill I will withdraw t3he c.all for the yeas&nays and take the on a division, and settle it one way or the other.
The PRESIDENT protempore. The call for the yeas&nays can be withdrawn by unanimous consent only. Is there any objection?
Mr. HENDRICKS. Yes, sir; let the question be taken by yeas&nays.
The PRESIDENT protempore. The motion is that the Senate reconsider its vote concur ring with the HoRep in amending this bill. Those who are in favor of reconsidering will as their names are called answer “yea.”
Mr. FESSENDEN. Was there any objection to the call for the yeas&nays being withdrawn?
The PRESIDENT protempore. The Chair so understood; but the Chair will put the question again. The Senfrom Maine, on whose call the yeas&nays were ordered, asks the unanimous consent of the Senate to withdraw that call. Is there any objection?
The PRESIDENT protempore., Objection is made, and the call cannot be withdrawn.
Mr. WILLEY. As the yeas&nays are to be taken I desire to state that my colleague [Mr. VANWINKLE] has been detained from his seat for several days by indisposition. The question being taken by yeas&nays, resulted yeas 15, nays 24; 18. So the motion to reconsider was rejected. PRINTiNG OF DOCUMENTS.
Mr. SUMNER submitted the following res. olution; which was referred to the ComPrinting: Resolved, That 1,000 extra copies of the message of the President, with the accompanying documents on the subject of provided the Paris Exhibition, be copies for the use of the Senate, and 2,000 for the use of the Dept of State.
Mr. CONNESS submitted the following resolution; which was referred to the ComPrintg: Resolved. That 1,000 additional copies of the report of Admiral Davis, of the Naval Observa;tory. on interoceanic canals and railroads be printed for the use of the Senate.
Mr. CONNESS submitted the following resolution; which was referred to the ComPrintg: Resolved, That 10,000 copies of the report How Riddie, of J. Ross Browne to the?o, Dept of the statistics of mines and mining be printed for the use of the Senate. The TARIFF BILL.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is the bill (H.R.No. 718 to provide increased revenue from imports, an for other purposes; and that bill is now before 4he Senate as in ComWhole. The reading of the amendment reported by the ComFinance will be proceeded with from tehveenipnogi.nt where the reading terminated last Mr. EssexDEN. Before the reading is proceeded with I desire to go back and make a few amendments., The 1st is on page 31, in line 159 of section 7. The committee have ascertained that raising the duties so much on iron and not raising them on wood screws has had the effect to make the duty on iron so large that it affords no protection whatever on the screws, and therefore I move in line 159 to strike out “eight” and insert “mine;” and in line 160 to strike out “ 11 ” and insert “ 12;” so as to make the clause read: On screws, commonly called wood screws, 2 inches or over in length, 9 cents per pound: lessthan 2 inches in length, 12 cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 26 of section 9, page 42, “a half” should be “one quarter of a;” so as to read: On arsenious acid, one quarter of a cent per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. On page 44, after line 73 of that section, I move to insert: On crude aniline oil, ten%, advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. Now, in line 75 I move to strike out “and on aniline.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. On page 47, line 157.P section 9, I move to strike out the word “and” after “potassium, ” and after “sodium” to insert “and of ammonium; ” so as to read: On bromide of potassium, of sodium, and of nium, 65 ammo cents per pound. The amendment to The amendment was agreed to.
Mr. FESSENDEN. On the same page I move to strike out lines 163 to 166, inclusive, of that section, as follows: cuOryn, corrosivesublimate, cyanide, and iodide of mer red oxide of mercury, red precipitate, and all salts and preparations of mercury, not otherwise herein provided for, 15 cents per pound. And to insert in lieu thereof: On corrosive sublimate and red oxide of mercury or red precipitate, 15 cents per pound. On all salts and preparations of mercury, not otherwise herein provided for, 20%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out from line 233, on page 50, to line 256, on page 51, inclusive, and to insert in lieu thereof the following, which is a ification: better arranged class On extract of cannabis indica, or unjah, opium Indian hemp, or when strictly an officinal extract for medical use, $450 per pound. Qn, extracts of colocynth, colocynth compound, cubebs, iPecacuanha, jalap, nux vomica, and rhu barb, 2 dollars per pound. On extract of aconite, armica, belladonna, calumba or calumbo, chamomile or anthemis, colchicum, coni um, cicuta or hemlock, digitalis or fox glove, heife bore, humulus or hops, hyocyamus, papaver.y, quassia, rhatany, stramonium, taraxacum or lion, da and valerian, one dollar per pound. 0n extracts of dulcamara or bitter sweet, gentian, butter nuts, lettuce, and squill, 50 centsper pound. On lactucarium, 2 dollars pound. Q On extracts of cinchona or per pound. Peruvian barks, $3.50 On extract of elaterium, or elaterium, 60 cents per ounce. On all medicinal extracts not otherwise nerein provided for, 40%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. On page 57, line 4 14 of section 9, after the words “bene oil” I move to insert “and on cotton seed oil;” so as to read: On linseed, flaxseed, hemp seed, and rape seed oil, and on oil of sesame or oil, 23 beneoil, and on cotton seed cents per gallon. The amendment to The amendment was agreed to.
Mr. FESSENDEN. On page 61, line 5four of section 9, I move to strike out the words “all extracts and” at the end of the line; so as to read: On opium prepared for smoking, and on preparations other of opium, not otherwise herein provided for, 100%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. On page I75 move to strike out lines 118, 119, and 120 of section ten, and to insert in lieu of the following: leaOtnhemr, aInnudfiaac rtuubrebser, of guivtotary, perbeohnae, horn, wood. for umbrellas, parasols, canes, whips, and furniture trimmings, 40%. advalorem. The amendment to the amendment wo agreed to.
Mr. FESSENDEN. I move to strike out the words “and statuary” in line 153 of that section, page 76. The subjectionatter is provided for in another place.
The PRESIDENT protempore. That modification will be made, no objection being interposed.
Mr. FESSENDEN., I move to strike out lines 198, 199, and 200 of that section, on page 78, and in lieu of them to insert: On plaits, braids, flats, place trimmings, spray tis sues, willow sheets, and squares, used for making or ornamenting hats, bonnets, caps, and hoods, and not further manufactured, composed of straw, chip, grass, palm leaf, willow, or any other vegetable substance br of hair or whalebone, 25%, advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out lines 211,? 12, and 213 of : section, on page 78, and insert in lieu of them: On umbrella and parasol sticks, frames, tips, runners, stretchers, handles, or made otherparts thereof, when in whole or in chief part of iron, steel, or any other metal, 60%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN, I move to insert between lines 75 and 76 of section 11, on page 82, as a new para graph: On glassdemijohns of one gallon contents capacity or less, ten cents per demijohn 3 over one gallon oand not over 3 gallons, 7 cents per gallon; over 3 gallons 5 cents per gallon. carboys for each gallon contents capacity 5 cents. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out the proviso on page 90, beginning with line 27 of section 15 to line 35, inclusive, in these words: Provided, That loss of quantity of the fruits nbove: named by decay on the voyage shall be admitted when such loss shall be of full packages or separable portions; other and on oranges and lemons in box loss of quantity may be allowed where such loss reaches 33%. of the quantity in boxes, the such loss being certified by the appraisers of damage; but no other loss or damage shall be allowed in abatement of duty. The amendment to The amendment was agreed to. Mr. FESSENDEN. On page 94 I move to strike out lines 31 and 32 of section 16, and in lieu of them to insert: finQisnheadll, cwarbitininegt waanrdesto, cilaebt icnaesteasn, wdohrko ubsoexefusr, noitrunreamental and mantel clocks, all carved or other wood whether inlaid or embellished with paintings, not." otherwise provided for, 40%. advalorem. The amendment to The amendment was agreed to.
Mr. FESSENDEN. The Secretary may now proceed with the reading.
The PRESIDENT protempore. The reading of the amendment of the ComFinance reported as a substitute, where it ter. minated last evening, will now be resumed.
The Secretary read section 19 of the substitute, as follows: Sfc. 19. Abife: That from and after the passage of this act atchediinmtphoisrtsaeticotnion ofshtahlel be absolutely prohibited: and if imported or presented for entry in, any collection district of the U.S shall be declared forfeited, and shall bee faosruferyitemday and disposed of as the Secretary of the direct. dieFsirfsotr.TFralisoe:o the counterfeit money, or plates or 2nd. Indecent or obscene books, prints, paintings, photographs, cards, lithographs, engravings, or Thorethee. r iAnrdtieccleesntoofr foobrsecigen ne articles manufacture, and any package of such articles bearing any names, brands, marks, or devices, being or purporting to be the names, brands, marks, or devices, of any manufacturer or Firecracker produced residing in the U.S.
Mr. FESSENDEN. In line 4, after the word “imported, ” I move to strike out the words “or presented for entry.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After “U.S., ” in line 16, at the end of item “three, ” I move to insert: Unless authorized by such manufacturer or producer, of which fact proof satisfactory to the collector shall be presented. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After “fire crackers, ” in line 17, I move to insert the following proviso: Propided, That all fire crackers actually placed oenxpsohritpa tbioonard prior to the 1st day of May, 1867, for to the U.S., States from the country where manufactured, shall be admitted to entry on payment of the rates of duty established, by law at the time of the passage of this act: And provided uorther. That, fire crackers may be imported and for shipment or reexportation to foreign countries. The amendment to The amendment was agreed to. Section 20 of the substitute was next read, as follows: Section 20 Abite: That of claims for return of deties on imports ionnaalcl ccoausnets of damages occurring on the voyage of importation, where the damageso determined under existing laws shall exceed 25%, of the value of the merchandise damaged, the same shall be sold at public as naouwctrioengublayttehtehecoslalelectoofr, imunpdoertretdhemsearmcheacnodnidsietiobny the collectors of customs, and the amount of damage awarded shall be determined by such sale: the sound vaaplpureaisoefr the merchandise to be determined by the of damage: Provided., That when, in the l; ot, the saidofstahleecmolaleyctboer, mthaedepubbylitcheinitmerpeosrtterreqauftireer due and sufficient notice; and in such case the report of said sale shall be made to the collector, and shall be attested by the importer, on oath, as being bona fide to the highest bidder.
Mr. FESSENDEN. In line 2 the words “allowance of" should be inserted before the word “return, ” and in line 3, the word “damages” should be “damage;” so as to read: That in all cases of claims for allowance of return of duties on imports on account of damage occurring, &c.
The PRESIDENT protempore. Those corrections wiM be made.
Mr. FESSENDEN. In line 8 I move to strike out the word “imported” before “mer chandise, ” and to insert “unclaimed.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 11 I move to strike out the words “appraiser of dam. age, ” and to insert “duly authorized officer or officers of customs.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 13, after the words “sale may be made, ” I move to insert “at auction.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In lines 15 and 16 I move to strike out the words “and shall be attested by the importer, on oath, as being, ” and to insert “with satisfactory proof, on oath, to the collector that such sale has been.” The amendment to The amendment was agreed to.
The Secretary read section 21 of the substitute, as follows: SEc. 21. Abife:, That from and after the 1stday of April, 1867, there shall be allowed oenquthael following articles, when exported, a drawback to the amount of duty paid on the imported pmearterials usedin the manufacture thereof, less 5 cent. on the amount of such drawback, which shall be retained for the use of the U.S.; and such drawback shall be ascertained in accord taanrcye with regulations to be prescribed by the SecyTreasury, namely: on mowing machines, reaping machines, ploughs, axes, hatchets, scythes, cotton gins, shovels, spades, hoes, hay and manure forks, chisels, augers, and carpenters' tools.
The Secretary read section 22 of the substitute, as follows: SEc. 22. Abife:, That on and after tphaeid 1stday of April, 1867t, here shall be allowed and a drawback equal in amount to the duty paid on all iron, copper, and cordage, which shall be wrought up into the construction of sailing vessels of the U.S. moernutesdedinincroenpfoarirminigty vessels withthoef provisions of the act of 23dDecember, 1852, less 5%. on the amount of such drawback, which shall be retained for the use of the U.S. uurnydemr asyucphrersecgruiblaetion Prsoavsid theed, SecyTreas That the word iron as herein used shall, not be construed to include any manufactured article of iron.
Mr. FESSENDEN. In line 4 I move to strike out the words “iron, copper, and cord age, ” and to insert “ lumber, hemp, manila, copper, and upon all iron not advanced in manufacture beyond bars, rods, and bolts.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 5, after the word “construction, ” I move to insert “rig ging or equipment, ” and after the word “sailing” to insert “ or steam;” so as to read:.Which shall be wrought up into the construction, rigging, or equipment of sailing or steam vessels of the U.S., &c The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out the proviso at the end of the section in these Words: Provided, That the word iron as herein used shall o: otrued to include any manufactured article of iron. That is struck out, because we have provided for it by other words, which render the proviso unnecessary. The amendment to The amendment was agreed to.
The Secretary read section 23 of the substitute, as follows: Sec. 23. Abife:, That any goods, wares, or merchandise imported, into the U.S., upon which an adpaloremduty is imposed by law, may be taken by the U.S. upon the payment to the consignee thereof of the dutiable value of such goods, wares, or merchandise as stated by the iandvdoiitcioenthtoeresuofchaitnvthoeicepivaaoslue of teenxppoerrtacteionnt., tahnedreoinf and the freight, insurance, and charges to the place of importation. That it shall be the duty of the collector of the port of importation of any of such goods, gwoaoredss,, woramrees, rehandise, whenever in his opinion such or merchandise are undervalued to an amount equal to ten%. of the invoiced value thereof, to take, possession of such goods, wares, or merchandise as the property of the U U.S., and mtoasyell the same under such rules and regulations as be prescribed by the SecyTreasury. And to ascertain such undervaluation, he shall cause full and detailed inventory and valuation to be made, a copy whereof shall be delivered to the said consignee. And the SecyTreasury, is hereby authorized to pay such consignee the said dutiable value and ten%. thereof, and thesaid freight, insurance, and charges, in coin, out of any money in the Treasury not otherwise , and for such purposea sum sufficient is hereby appropriated. And the SecyTreasury is required to report to Congress annually the several seizures and sales made under this section.
Mr. FESSENDEN. In line 5 I move to strike out the word “dutiable, ” before the word “value, ” and to insert “entered or declared;” and in line 7 to strike out the word “invoice” before the word “value.”
The PRESIDENT protempore. Those corrections will be made if there be no objection.
Mr. FESSENDEN. After section 23 I move to insert 2 new sections, to be sections 24 and 25: Sec. 24. Abife: That a discriminating duty of ten%. adpalorem, in addition lteocttehde, duties imposed, by law, shall be levied., coland paid on all goods, wares, and merchandise which on and after the day this act shall take effect U.S shall be imported Provided in, sThhiapts otrhivsesdsiesclsrinmoitnoaftinthge duty shall not apply to goods, wares, and merchandise which shall be imported on and after the day this Satcattteask, es effect in ships or vesselsnot of the U.S. entitled by treaty or by any act or acts of congressto be entered in the ports of the U.S., on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in ships or vesselsof the U.S. SEC.25. Abife:, That on and after btheeledvaiyed and coyleleacrtethdi, saancdt sphaaildl taokneaelflfegcot, otdhse, rewsahreasll, and merchandise of the growth or produce of countries east of the Cape of Good Hope, except raw cot ton, when imported from places west of the Cape of Good Hope, a duty of ten%. advalorem in addition to the duties imposed on any articles when imported directly from the plage or places of their growth or production: Provided, That said duty of ten% shall not apply to goods, wares, and merchandise exempt from duty.” The amendment to The amendment was agreed to.
The Secretary read the 24th [ 26th ] and last section of the substitute, as follows: pSarrcts. [24]26. Abife: That all actsand of acts inconsistent with the provisions of this act, shall, on and after: day of berepealed: Provided. That the existing laws shall extend to and bein force for the collection of the duties imposedby tohffisenascets, for the prosecution and punishment of alltion, and for the recovery, collection, distribu and remission of all fines, penalties, and forfeitures, as fully and effectually as if every regulation, o: orfeiture, provision, clause, matter; ahnadd btheienngintosetrhtaetdeinff, ecatnind rteheeneaxcistetidngbylatwhsiscaocnttained And provided further, That, all goods, wares, and merchandise in bond, or in bonded warehouses, on which deuffteiecst, phaayve not been paid, shall, after this law takes all the rates of duty imposed by this act.
Mr. FESSENDEN. I move to fill the blank with the “1st day of April, 1867.” The amendment to The amendment was agreed to.
Mr. ANTHONY. I did not hear distinctly the last amendment which was read, imposing a differential duty on articles imported from beyond the of Good Hope.
Mr. FESSENDEN. It is the same provision we have in our existing laws.
Mr. ANTHONY. Is the differential duty applied on cotton 2. '
Mr. ANTHONY. That has been left off 2 or 3 times by temporary provisions, as the Senator will recollect.
Mr. FESSENDEN. The Senator can being that matter up by and by, by an amendment to the section, and in the mean time he can see what the law is on the subject. I hardly know whether it applies to Surat cotton or not; but perhaps there is no reason why that should be excepted. The exception existed during the war, I know.
Mr. ANTHONY. I think thereisgood reason for it now if the provision applies to that.
Mr. FESSENDEN. There are one or 2 blanks to be filled. In the 1st line of the 1st section of the amendment I move to insert “lst day of April, 1867.”
The PRESIDENT protempore. The blank will be so filled in order to make it correspond with the close of the bill.
Mr. FESSENDEN. I move the same amendment in line 111 of section one, page 5.
The PRESIDENT protempore. The blank will be so filled there for the same reason.
Mr. FESSENDEN. There are no other amendments of the committee.
The PRESIDENT protempore. The question is on the amendment of the committee as amended.
Mr. FESSENDEN. The “ 20 ” dollars has been raised to “ 30.”
Mr. FESSENDEN. I have no authority to agree to it. It is for the Senate to say.
Mr. CONNESS. With the consent of the Senfrom RhdIsland, if he will give way for that purpose, I will move an executive session. It is understood to be desirable to have a short executive session, and as it is now 4 o'clock I suppose it is about time.
Mr. FESSENDEN. An executive session can be had just as well at 5 o'clock as now, and we must get through with this bill at some time or other.
Mr. CONNESS. The honorable Senator will have the Senate with him until he passes his bill, but we must do a little else as we go along. I hope he will consent to this. At any rate, I make the motion that the Senate do now proceed to the consideration of executive business.
Mr. FESSENDEN. I hope the Senfrom RhdIsland will not give way. I wish to say to the Senfrom California that I do not have the Senate with me. Every now and then some Senator wants to offer a resolution and asks me to give way to let him do so. I believe the Senfrom California has done that twice today. I merely wish to remind Senators that this is not the only bill we have got to pass. We have not yet passed a single appropriation bill, and we have but a very short time remaining. If Senators will not allow more than 4 hours daily for action upon these bills when they come in, we shall not be able to get through our business. The British Parliament sit from 4 o'clock in the afternoon until midnight or one in the morning. The PRESIDING OFFICER, (Mr. HEN pricks in the chair.), Does the Senfrom RhdIsland yield the floor to the Senfrom California?
Mr. SPRAGUE. Certainly, I yield the floor.
Mr. CONNESS. I understand the force of the remarks of the honorable Senfrom Maine, but I think the Senate is really at his pleasure on these bills; and although he does not like to say it, I will say it for him, he generally has his own way here about time. I think an executive session is needed, and I hope we shall have it now. I insist upon my motion. The motion was agreed to; there being on a division ayes 18, noes 11. EXECUTIVE SESSION. The Senate proceeded to the consideration of executive business; and after some time spent therein, the doors were reopened and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUEsday, January 22, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. CLERK OF A COMMITTEE.
Mr. KASSON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That the Committee on a Uniform System of Coinage, Weights and Measures be authorized to employ a clerk, at the usual rate of compensation, for 40 days during the present session.
Mr. KASSON mtRtv the resolution was passed; upon the table. agreed to. JUDICIAL PROCEEDINGS.
Mr. WILSON, of Iowa. I ask unanimous consent to introduce a bill to regulate judicial proceedings in certain cases, and have it reerred to the ComJudiciary.
Mr. FINCK. I ask that the bill may be read.
Mr. WILSON, of Iowa. As the bill is a long one, and it will take up much time to read it in full, I will not ask leave now to introduce it. bran Chi OF UNION PACIFIC RAILROAD.
Mr. DONNELLY, by unanimous consent, introduced a bill to facilitat. the construction of a branch of the Union Pacific railroad from Sioux City to the head of Lake Superior; which was read a 1st and 2nd time, referred to the ComPacificRR, and ordered to be printed. LeAVE OF ABSenCe. Mr. STEVENS. I ask leave of absence for Mr. WASHBURNE, of Illinois, for the remainder of the session. The condition of his health is such that it is absolutely necessary that he should refrain from attendance here for the balance of the session. Leave was accordingly granted. OBSTRUCTION OF MAIL ROUTES.
Mr. PAINE, by unanimous consent, introduced a bill to punish obstructions of railways used for the transportation of the U.S. mail; which was read a 1st and 2nd time, referred to the comPostOffice, and ordered to be printed. HOT SPRINGS RESERVATION, ARKANSAS.
Mr. SCHENCK, by unanimous consent, introduced a bill for the sale of the Hot Springs Reservation, in the State of Arkansas; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. PAY OF HON. A. H. COFFROTH.
Mr. RAYMOND. With the consent of the Gentfrom Missouri I would like to ask a question.
Mr. RAYMOND. Early in this session a bill was introduced to repeal the law of last session giving increased compensation to mem: bers of Congress. That bill was referred, I believe, to the ComJudiciary. i would like to inquire of the chairman of that committee [Mr. Wilson, of Iowa) whether the committee propose to take action on that bill, and when they will probably be able to lay it before the or consideration. I ask this because there are probably quite a large number of members who have not drawn their extra compensation, and who prefer not to do so until they know what is to be the fate of that bill.
Mr. WILSON, of Iowa. I do not see that the question propounded by the Gentfrom NewYorko
Mr. RAYMoND] has any per tinency to the subject before the House, nor am I prepared to say, if the ComJudiciary should report back the bill referred. to, what would be the action of the House upon it. I presume that, if the bill should be reported to the House, all the members who voted for the increase of pay at the last session would be in favor of its continuance. Hence, I see no occasion for any member permitting the amount of his extra pay to remain longer in the Treasury. Certainly a HoRep, which just before the elections for members of Congress had the cour age to pass a provision for extra compensation, would not be in haste when the elections are over to repeal that provision of the law and pay back the amount of the extra compensation, as the amendment referred to the committee proposes.
Mr. RAYMOND. I have no objection to the gentleman arguing the probabilities with regard to a vote of the House on the question. I think, however, it might be more satisfactory to the House if the committee would report the bill and let the House act upon it according to its own judgment.
Mr. WILSON, of Iowa. I should like to know whether the Gentfrom NewYork has allowed his extra pay to remain in Treasury. the
Mr. RAYMOND. I have not drawn the extra compensation.. I am naturally very anx ious to do so, but I do not like to draw it until it is decided whether this repealing bill is to be passed or not. If the gentleman can give me an assurance that it will not be repealed and that I shall not be compelled to pass through the very unpleasant process of paying back the money, I do not know that I should press this inquiry further.
Mr. BLAINE. I cannot see that this question has any bearing upon the case of Mr. Coffroth. It seems to me that the House has fully and entirely adjudicated the whole question involved in this case by granting the extra compensation to Mr. Gooch. As to the matter of refunding the extra pay in case a repealing bill should be passed, I presume that Mr. Coffroth would make repayment as promptly as any of the 170 members who have drawn their extra compensation. I see no reason why Mr. Coffroth should be kept out of this extra pay a single day, when the rest of us have pocketed it. I do not see the pertinence of the inquiry made by the Gentfrom NewYork, [Mr. RAYMoND]
Mr. RAY MOND. I beg to remind the Gentfrom Maine that I have made no opposition to the resolution. I did not suppose that my inquiry was pertinent to this particular question. I made it for a different purpose altogether.
Mr. DAWES. I wish to call the attention of the House to the difference in the 2 cases of Mr. Gooch and Mr. Coffroth. It is not my intention to offer any remarks on the propriety of passing this resolution, but only on the power. I desire the House shall understand it is not the case of Mr. Gooch, but is fixing a new precedent, which will be followed by all the cases which have been passed upon by the ComElections. The difference between the case of Mr. Coffroth and that of Mr. Gooch is this: Mr. Gooch was a member of this House dejure, actually elected a member of this House, while Mr. Coffroth was never elected a member of this House, and was only a member defacto, and took the pay which the law allowed a mem. ber defacto, and that only. Mr. Gooch was actually a member of the House, while Mr. Cof. froth was only a member defacto; and, as the result showed, the report of the committee and the decision of the House was that he was not entitled to anything, and only took the pay of a member defacto, which he was entitled to under the law. According to the report of the committee and the decision of the House, he received pay which belonged to some one else. He took it, not in his own right, but in his own wrong. I only desire to have it clearly under stood that there is this difference in the 2 cases, and that this case will form a precedent for all cases passed upon by the ComElections.
Mr. BLAINE. I wish to inquire of the Gentfrom Massachusetts whether he ever knew of a gentleman who sat here and was afterward unseated by a subsequent decision of the House who was not paid the legal pay for the time he sat as a member. I submit the defacto case is stronger to my mind than the dejure one. Mr. Koontz never was a member of his thseeatHouunstiel, thweasr enpeovretroqfutahliefiecdo, mmneitvteere toaonkd the decision of the House. He was a presumptive member, but never participated in legislation, while Mr. Coffroth was here as a member until he was declared by the House not entitled to a seat. After he has participated as a member of o this House, whether he can be deof the opay of that time, which has been pocketed, I leave to the close logic of the chairman of the ComElections.
Mr. DAWES. It does not depend upon any logic of mine whether he shall have pay or not, but it depends on the correctness of the position of the Gentfrom Maine or mine whether the 2 cases are the same. The gentleman asks me whether I ever knew of a defacto member who did not draw the pay which a member was entitled to by law while he was sitting here. I answer, no; and that is what Mr. Coffroth did. He as a defacto member drew the pay a legal member was entitled to. One word more. The Gentfrom Maine says to his mind this is a stronger case than that of Mr. Koontz. Very well; but it is not the same case. It may be stronger to his mind, because he says Mr. Koontz was never a member of this House. I want him to understand that he sat in this House waiting upon the committee for months, the duties of which were protracted by this House; and I speak of this only to show Mr. Gooch was not without merit in claiming this extra pay.
Mr. PAWES. I want this put upon the true ground. It is not the same case as that of Mr. Gooch. It is a precedent, standing by itself, and for the 1st time in the history of contested election cases will a man who sat as a defacto member be adjudged by the HoRep entitled to extra pay not prescribed by the law in existence while he sat as a member. If the House is disposed to do iIt have not a word to say, only it will be followed by all of the other cases I havementioned.
Mr. BROOMALL. I desire to ask the Gentfrom Missouri whether this extra pay now claimed by Mr. Coffroth has not been in fact paid to the actual member, Mr. Koontz.
Mr. BENJAMIN. In reply to that I will say that not only the extra pay, but the original pay has been received by the successful contestant; and not only in that case, but in every case where a sitting member has been ousted. We always pay both members. Now, in reply to the Gentfrom Massachusetts, the question, and the only question is, was Mr. Coffroth entitled to the pay of a member of Congress. It makes no difference whether he is defacto or dejure a member, his pay is the same. That the gentleman admits. There is no difference between us in that respect. Now, what is the legal pay? Let every gentleman ask himself what pay he is entitled to and from what time that pay commenced. He can readily answer the question. Being entitled to pay at all, he is entitled to all of it; and he might for the same reason say he would never draw any of his pay after receiving the original $3,000 because it did not belong to him; for if he is entitled to any he is entitled to all, the act referring back to the commencement of the 39th Congress.
Mr. SCHENCK. It seems to me this whole matter may be adjusted without difficulty if the gentleman will consent to an amendment of his resolution. I will suggest an amendment to this effect: Provided, That the said Alexander H. Coffroth shall be entitled in good faith to the same consei. entious, scruples as other members of the 30. 9th Congress as to receiving any part of saidpay, and that he shall refund the same whenthey do, [Laughter]
The SPEAKER. That is not in order at present, the pending question being on the reconsideration of the reference.
Mr. BENJAMIN. I pledge myselfthat Mr. Coffroth will return the increased pay to the conscience fund whenever other members of this House do it. [Laughter] I demand the previous question.
Mr. RANDALL, of Pennsylvania. Willthe Gentfrom Missouri yield?
Mr. BENJAMIN. I decline to yield any further.
Mr. CONKLING. I desire to havethereso.lution reported for information. The resolution was again read. The question being taken on o the vote by which the resolution wasrefe to the ComJudiciary, it was reconsidered. o The question being taken on themotion to refer it to that committee, it was disagreed to. The question recurred on the adoption of the resolution.
Mr. SCHENCK. As my amendmentisnow in order, I ask to be allowed to offer it.
Mr. BENJAMIN. I will allowitto be read for information. The amendment of Mr. Schexck wasread, as follows: Provided, That the said Alexander H. Cool!" entitled in good faith to scruples the same couscio” as off. members of the39th.o. ress, as to receiving any part of saidpay, and to esnail refumi the amo whentheydo. (Laughter] Several MEMBERs. All right.
Mr. BENJAMIN. As it has o: beft the country, I think that will do. I decline" allow it to be offered. d
Skip Skip The previous question was 2nded " the main question ordered. Mr. BROOMALL. I demand the yeas&nays on the adoption of the resolution. The yeas&nays were ordered..,, The question being taken; it was decideo the affirmative yeaso, nays89, notvoting59; 39. so the resolution was adopted. s o: Mr. BENJAMIN mtRtv the resolution was adopted; upon the table. agreed to. PAY OF MESSRS. WOORhEES AND BROORS.
Mr. WASHBURN, of Indiana, by unanimous consent, submitted the following resolution: Resolved, That the Sergeant at Arms be, and is hereby, authorized and directed to pay Daniel W. Voorhees the amount of increased pay of a member of this House provided by law, from the commencement of the Yofh Congress to the period whicn he ceasedto be a member.
Mr. WASHBURN, of Indiana. the I demand previous question on the resolution.
Mr. TAYLOR, of NewYork. I desire to suggest as an amendment that the name of James Brooks be inserted in the resolution.
Mr. DAWES. I was about to ask the gentleman to modify his resolution in that way. We may as well make short work of it and put the name of James Brooks in the resolution.
Mr. WASHBURN, of Indiana. I will modify the resolution so as to include the name of James Brooks, and now I ask the previous question on the resolution.
Skip Skip The previous question was 2nded and the main question ordered. Messrs. DAWES and KOONTZ demanded the yeas&nays on the adoption of the resolo he yeas&nays were ordered.
Mr. FAIRNSWORTH. Would it be in order to move to amend the resolution so as to include all the contestants who came here to get seats?. The same principle would cover them precisely.
The SPEAKER. It could only be done by unanimous consent.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 79, nays 43, not voting 60; So the resolution was agreed to. Mr. WASHBURN, of Indiana, mtRtv the resolution was adopted; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. ForNEY, its Secretary, announced that the Senate had agreed to the amendment of House to the bill (S.No.69) to provide for the payment of pensions, with amendments, in. the concurrence of the House was requested. CoNTESTED ELECTION THOMAS WS. ARNELL.
Mr. DAWES. I rise to a question of privilege. I call up the resolution reported yesterday by the ComElections in the case of Thomas rs. ARNELL.
Mr. MAYNARD. I hope the gentleman will not call up that case until the report that accompanies the resolution is printed. It certainly would not be doing justice to the parties, and I think it would not be doing justice to the House.
Mr. DAWES. My object is to obtain as early action as possible, knowing how brief the time left is for the parties to prepare their cases. If the parties do.are not desirous of pressing the matter I have no desire to do it. "I think the Gentfrom Tennessee
Mr. MAYNARD) will be able to present to the House the precise question at issue as well without the report as with it.
Mr. MAYNARD. I think it is very unusual for the House to act upon such questions as this without having a printed report before them for their information. It is well known that members rely more upon the facts that are presented in the report than they do even upon the oral argument which may be founded upon those facts. This report I suppose is not very volumine us, and it may be sent in here from the printing office even during the present sit ting of the House, certainly before our next sitting. I trust we shall not be called upon to act in this case until we can have the report printed and laid before us. I had supposed that the report would have been printed and laid before us today. It certainly will be printed by tomorrow, and one day will not make much difference.
Mr. DAWES. Very well; I am not disposed to press the question, unless I can have the cooperation of members from Tennessee in the matter. I therefore withdraw my call for the present. HOT SPRINGS RESERVATION. AGAIN.
Mr. SCHENCK. I ask unanimous consent at this time to submit for consideration a resolution calling for information which should be sent to the ComPubLands, in connection with a bill which was introduced and referred to that committee this morning. The resolution is as follows: Resolved, That the SecyInterior be requested to communicate to this Houseall the information to be obtained from the records and files of his Dept relative to the condition, occupancy, and area of the Hot Springs Reservation, in Springs county, Hot State of Arkansas. No objection being made, the resolution was received, considered, and agreed to.
The SPEAKER. The morning hour has now commenced, and reports are in order from the ComJudiciary. E. R. AND S. W. CLARKre. On motion of Mr. WILSON, of Iowa, the ComJudiciary were discharged from the further consideration of Senate bill No. 402, to confirm the title of Ethan Ray Clarke and Samuel Ward Clarke to certain lands in the State of Florida, claimed under grant from the Spanish Government; and the same was referred to the ComPrivLandClms. CHARLES CLARKE. On motion of Mr. WILSON, of Iowa, the ComJudiciary were also discharged from the further consideration of Senate JtResolution No. 146, for the relief of Charles Clarke, marshal of the U.S. for the district of Maine; and the same was referred to the ComClaims. INDEMNITY FOR OFFICIAL ACTS.
Skip Skip The amendment was agreed to. The next amendment was to insert after the words “and no civil court of the U.S or of any State” the words “ or of the DistCol.”
Skip Skip The amendment was agreed to. The next amendment was to insert near the close of the bill, after the words “and respecting any of the matters aforesaid, ” the follow 1ng: And all officersand other persons in the service of the U.S., acting in the premises, shall be. primafacie to have been authorized by the president.
Mr. JOHNSON. Will the Gentfrom Iowa yield to me for a moment?
Mr. JOHNSON. Mr. Speaker, it strikes me that this bill goes very far; but we go to an extreme and an unprecedented length when we undertake to adopt a provision such as that proposed in the amendment. It proposes to enact that any officer of the U.S., when called to answer for wrongful acts committed by him, shall be held primafacie to have received authority for such acts. Sir, I think we had better let things take the ordinary course. If provost marshals of the U.S. have without legal authority imprisoned men, willfully locked them up from mere caprice or malice, why not let such cases take the regular course o:law? Why should this congress undertake to declare that, because men eld appointments under the U.S., it shall be presumed primafacie that, all their acts were done under the direct authority of the SecyWar and the President? It is reversing the proper order of things and requiring a party to prove a negative.
Mr. WILSON, of Iowa. Mr. Speaker, it is the purpose of the committee to provide in this a complete indemnity for persons who have acted for the U.S. in connection with the various subject matters mentioned in the provisions of the bill. It is for the purpose of making this indemnity effectual that I have proposed the pending amendment. I now demand the previous question on the amendment.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ELDRIDGE. I call for the yeas&nays on the amendment. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 109, nays37, not voting 45;. So The amendment was agreed to.
Mr. LeBLOND. I would ask the Gentfrom Iowa whether he has any other amendments to offer to the bill?
Mr. LeBLOND. I would ask the gentleman what course he intends to pursue in regard to the bill whether he intends to put it upon its oSnow.
Mr. WILSON, of Iowa. It is my purpose to put that bill uPon its passage.
Mr. LeBLOND. At this time, and without debate?
Mr. WILSON, of Iowa. Of course if I put it upon its passage now it will be without debate.
Mr. LeBLOND. Well, I did suppose the gentleman would allow at least a few minutes ebate upon this proposition. I should like to say something myself if the gentleman will per Init me.
Mr. WILSON, of Iowa. I should be ver glad to permit the discussion of this bill if it were possible for me to do so without interfering with the other business of the committee.
Mr. LeBLOND. Oh, Mr. Speaker, it seems to me, the Constitution is paramount to any other business that is pending, and some little debate ought to be given to it.
Mr. WILSON, of Iowa. Mr. Speaker, this committee has not been called for several weeks, and probably will not be called again during this session. A great deal of the important business is in the hands of that committee, and several members desire to submit their reports for the action of the House; therefore it will be impossible for me to consume the morning hour of the day in the discussion of this measure without depriving the committee of an opportunity to report their important bills.
Mr. DELANO. Allow me to make a suggestion. Perhaps the House may consent to put this measure in a position where it will receive some little consideration. It is undoubtedly an important measure, rendered necessary by the decision of the Supreme Court recently made, which decision I think would be properly reviewed and considered in the discussion of this measure. I look upon the measure as one of vast importance to the nation. It involves really the nation's power for its own protection; and in view of its importance I think it would be weii for the country that the House should consider it. I want to know whether the power of this nation for its own preservation lies at the power of anyone man. I think it is time the country should know it, and indirectly as this whole subject is embraced in the bill, I suggest whether, as this measure cannot now be discussed, it should not be put in a shape where it can receive the consideration which it deserves. I myself think it is a subject which the House should consider early and settle in such manner as to show its disapprobation to the decision of the Supreme Court which has rendered this bill a necessity.
Mr. WILSON, of Iowa. I desire to say, sir, I sympathize with the views expressed by the Gentfrom Ohio. I regret the neces: sity of asking the House to pass upon this bill without deliberate consideration, and if I can be relieved of this necessity, by order of the House, that it will not lead to undue postponement of this measure I shall be glad to be so relieved. If an early day can be fixed for the discussion of this as a special order, to be continued from day to day until disposed of, I shall not object to that order being made by the House. The subject embraced in this bill is one of more importance than any other that has been presented to the House during this or any other Congress since the foundation of the Government. It involves all of the questions embraced in the recent decision of the Supreme Court in the Milligan case. It proposes to bring the legislative dept of the government in conflict with the views of that court as expressed by the majority. But I do not to: the measure should be crowded through the House with unseemly haste; and if such proposition can be made as I have suggested, I Will be thankful to the House for making it.
Mr. WILSON, of Iowa. I must 1st ask the Chair what day we can fix.
The SPEAKER. In response to the inquiry of the Gentfrom Iowa, the Chair would state that there are already 5 special orders in the House undisposed of; namely: the bills in regard to appointments to and removals from office; in regard to counting illegal elect oral votes at a presidential election; from the ComJudiciary, amendatory of the currency law; from the ComBanking&Currency, amendatory of the same law, and a railroad 5 special orders undisposed of in the ComWhole on the state of the Union; namely, the following appropriation bills: Invalid pensions, consular and diplomatic, Military Academy, postoffice, and fortifications. The ComAppropriat have also to.". the Army and Navy appropriation ills, and for sundry civil expenses, which will be special orders in the ComWhole..And the ComWays&Means will also probably report a bill amendatory of the internalrevenue act.
Mr. WILSON, of Iowa. I move that the bill be recommitted to the ComJudiciary, with leave to report at any time; that will take it out of the morning hour and allow it to be freely and fairly considered.
Mr. SCHENCK. You will give at day's least one notice.: WILSON, of Iowa. Yes, sir.
Mr. GARFIELD. I ask whether the bill as it now stands legalizes the release of . rebel It seems to me, at a hasty glance, it oes more than the gentleman would like. I do not want to legalize the action of a large number of persons during the last 2 years, merely for the sake of indemnifying some of our friends who ought to be indemnified. that Puget sound. There are also.
Mr. WILSON, of Iowa. It is not the put pose of the committee to go beyond the class of cases named by the decision of the Supreme Court in the Milligan case. I do not think it goes beyond that. It is not the purpose of the committee to ratify any proceeding on the part of the President to which the gentlemanrefers. We do not enter on that at all.
Mr. ROGERS. I am a member of thiscom: mittee, and it has more business before it than any committee of this House. I am theonly member of Iit, suppose, who is opposed to this bill. It appears to be the practice of the com: mittee to run these bills through withoutallow.ing an opportunity for even a member of the committee to be heard. It is almostuseless for me to act upon them in the committee, for I am not heard at all. I must say, however, that I disagree with them in all thesebills of a revolutionary character which the committee are getting up.
Mr. WILSON, of Iowa. Unless the gentleman objects to the proposition I am not disposed to yield for a lecture by him.
Skip Skip The question was taken; and the bill was recommitted to the commtitee and ordered to be printed, with authority to report at anytime on giving one day's notice. OATH Fort ATToRNEYs, ETC
Mr. BOUTWELL, from the ComJudiciary, reported back House bill No. 239, to prescribe an oath for public officers and members of the bar, and for other purposes, with an amendment in the nature of a substitute therefor, by striking out all aftertheenacking clause and inserting the following: That no person shall be permitted to attorney act.o.o or counselor in any court of the U.S. who has been guilty of treasonb, riberym, uf: der, or other felony, or who hasbeeneng in o rebellion against the Government of the U.S., or who has given aid, comfort, or enouf.ment to the enemies of the U.S. in arm hostility thereto. Sec. 3. Abife:, Thatthe 1st so o:.: is logoslared to abe rule of every court of the U.S. Soc.3. Abife: That it shall be the duty of the judge or judges of anysuchcourt, when the suggestion is made in opencourtthat person acting as an attorney or counselor of. court, or offering or proposing to so act, if bar: by the provisions of this act, or whenever said judge or judges shall believe that such person is sob his to inquire and ascertain, whether such people been guilty of treason, bribery, murder, or ol felony, or whether he has been engaged, in rebellion against the Government of the U.S or whether he has given aid, comfort, or enolument to the enemies of the U.S. in.” hostility ther too and if the court shall be of: ion that such person has been guilty of bribery, murder, or other felony, or that, ” ru been engaged in any rebellion agains: too.ment of the U.S., or that he has go 0. aid, comfort, or encouragement to them to the U U.S. in armed hostility, theo of exclude or debar such person from the i. attorney or counselor of said court; ando. ". who shall testify falsely in an o; by any court as foresaid shall be guilyy of poo" and liable to the pains and penalties of perjury.
Mr. CHANLER. I hope the Gentfrom Massachusetts will not force this question directly upon the House without allowing some opportunity to this side of the House to speak in behalf, not of the rebellion, but of the SCOTUS, Will the gentleman allow me a few moments before he presses the previous question?
Mr. BOUTWELL. I will yield to the Gentfrom NewYork for 5 minutes.
Mr. CHANLER. I thank the gentleman for his extensive courtesy. But, sir, by this bill the whole issue upon this floor is changed. It is not now a question of rebellion against the Government of the U.S. sustained by the Opposition upon this side of the House, asis so often charged by the Administration party; but we are arrayed here and called upon to sustain the character of the SCOTUS from the assaults of the devifs advocate from Massachusetts. When, sir, a Christian was to be admitted into the cal endar of saints the college of cardinals sat in judgment upon the coming brother, and one of. arrayed in all the panoply of his office, assuming the position of advocate, accuses the unheard and unseen person of every crime known to the catalogue of sins.
Mr. SPALDING. I call the Gentfrom NewYork to order. He has called the Gentfrom Massachusetts [Mr. BouTweLL] “the devifs advocate.” [Laughter]
The SPEAKER. The gentleman must repeat the words excepted to, and the Chair will then rule upon them.
Mr. . The Globe reporters will furnish them; they have taken them down.
Mr. STEVENS. I hope the Gentfrom Ohio will not detain the House, but will with t draw his point of order. The Gentfrom NewYork [Mr. CHANLER) did not say a word; every one agrees to that. fo Mr. SPALDING. Well, I will withdraw the point of order.
Mr. CHANLER. I must ask the Gentfrom Massachusetts to extend my 5 minutes. He knows very well that the allusion I made had no personal reference to him as an individual, and that my remark was simply in regard to the system of legislation followed here, illustrated by that once adopted in the conclave of cardinals. In placing upon him the livery of the “father of o do not say that he is the “father of lies.”.I simply say that historically he appears on this floor in the same character that the cardinal of Rome assumed when he arrayed himself against a candidate to be admitted to the calendar of saints when, assuming the position of the devifs advocate, he charges the candidate for admission with every crime known to the catalogue of sins. Now, to start from that point, I assume that the SCOTUS stands too, high to be arraigned upon questions of individual character, because the gentleman himself said, as I understood him, in assailing that institution, that it was a question of character. I claim that I was not out of order in alluding historically to the position of the gentleman, and that he was out of order, under the rules of the House, in assailing one of the coordinate branches of this Government upon the sacred question of character. 5 minutes is not time enough to defend the character of the Supreme Court. [Laughter] I take it, sir, that when a defense of the Supreme Court is necessary upon this floor it will be more than a 5 minutes question; and if there is any argument deeper, broader, and more damning against the organization of this House it is that a man will rise here to assail the Supreme Court, and when asked to yield that that institution may be defended he shuts off debate under a 5 minutes rule. I leave the gentleman in his unenviable position. Let him go on and defend those whom he thinks to be right and I will defend those whom I deem to be right. Here the hammer fell.
Mr. BOUTWELL. I would perhaps yield further to the Gentfrom NewYork, [Mr. CHANLER] but I think that probably the SCOTUS will be satised with the defense he has already made of that body.
Mr. CHANLER. I am very much obliged to the Gentfrom Massachusetts, [Mr. BouT well]
Mr. BOUTWELL. I now yield for 8 minutes to the Gentfrom NewJersey, [Mr. Rogers]
Mr. KELLEY. I ask the Gentfrom Massachusetts [Mr. Boff to yield to me for a moment.
Mr. BOUTWELL. If the House shall sustain the call for the previous question, I will yield to other gentlemen a large part of the hour to which I shall be entitled. I do not intend to occupy much time myself. I call the previous question.
The SPEAKER. The Gentfrom massachusetts [Mr. Bottwell] is now entitled to an hour to close the debate.
Mr. BOUTWELL. I yield 5 minutes to the Gentfrom NewYork, [Mr. HALE]
Mr. HALE. Mr. Speaker, it is very difficult to judge of the merits of an important measure like this from the mere reading by the Clerk at the desk. The bill has not been printed and laid before us. I endeavored to follow the reading as closely as I could; but I am satisfied that I failed to understand properly several important ". ". of the . Iapprehended as the bill was read that it apto State courts as well as Federal courts. wish to inquire whether I am correct on that point?
Mr. BOUTWELL. The bill applies only to the courts of the U.S.; it does not interfere with the practice of the State courts.
Mr. BOUTWELL. I now yield to the chair man of the committee.
Mr. JOHNSON. I appeal to the Gentfrom Massachusetts to allow me 3 minutes. If it be not granted I shall object to the gentleman farming out the floor.
The SPEAKER. It has been decided more than once that under the rule a gentleman holding the floor may yield for explanation.
Mr. WILSON, of Iowa. As a question of E. each member will judge and act for imself; and that question !". not propose to discuss. I think, Mr. Speaker, the gentleman has not been happy in drawing his parallel between attorneys and counselors at law, who are officers of : court, and persons engaged in the mechanic arts. It is well known that in all courts of the land the power has been exercised to disbar members of the legal profession, prohibiting them from practicing in the courts forimproper or criminal conduct; as, for instance, if an attorney has willfully misled the court or been untrue to his client. Any act of that character is deemed sufficient to disbar the attorney and render him incompetent to practice as an attorney. I have never heard in this country that a mechanic, who may have even willfully done a bad piece of work, can be prevented from following his trade.
Mr. HALE. I concede they are officers of the court for the purpose of submitting them to this summary process.
Mr. WILSON, of Iowa. Then that question is out of the case. Now, how can this bill, if it becomes a law, be enforced? I have heard among members that that court cannot be authorized by congress to try a man in this summary way for treason or any other offense. Sir, this bill does not propose to clothe the court with any such power. If a member of the bar of the SCOTUS should be charged with bein guilty of any crime, such as murder, the record of his conviction is sufficient proof. So it is in reference to treason or any other grade of felony.
Mr. DAWES. I should like to ask the Gentfrom Iowa whether the statutes of every State do not prescribe as one of the qualifications for admission to the bar the possession of a good moral character, and whether it is not for the court to pass on that; and how does this differ from the requirements in State courts.
Mr. WILSON, of Iowa. I cannot see any distinction between the rule which this bill seeks to prescribe and that prescribed by the State laws.
Mr. ROGERS. I would ask the gentleman what construction he puts upon this part of the decision in the case of exparte Garland:. “The a.c.t oof t.heacnoducrtoucnlostehloerd, bwent nhgobffyicteh, edoseoslenment Qld, it, as a matter of grace and favor. The right which it confers upon him to appear for suitors and to argue cases is something more than a mere indul gence, revocable at the pleasure of the court or at the command of the Legislature. It is a right of which he can only be deprived by the judgment of for moral or professional delinquency.” the court Mr. WILSON, of Iowa. I am free to say, in reply to the gentleman, that I can find a great j in that opinion of the Supreme Court that I do not agree with.
Mr. FINCK. The Gentfrom Massachusetts inquired of the Gentfrom Iowa whether the States did not require as a qualification for the admission of attorneys to prac. tice in the State courts that the applicant should be a man of good moral character, and the gentleman replied that he believed such were the provisions of the laws of the States, and that he could not see any difference betweenthat and the ro. legislation here. I ask the gentleman if he would be willing to put in this bill a provision that the applicant should be a man of good moral character, and let the courts decide the question.
Mr. FINCK. I desire to ask my friendfrom Iowa whether this proposed lerislation is not retroactive in its operation; whether it will not have the effect of disbarring gentlemen who are now practicing law in the Supreme Court from the exercise of that right?
Mr. WILSON, of Iowa. I will answer the gentleman's question by asking another. Sup; pose the statute of Ohio should provide, as I believe it does, that no person who does not possess a good moral character shall be permitted to practice law in that State; and upon examination a party should be admitted to practice under this rule, and we all know these examinations are very loosely conducted some times, and after being admitted it should be discovered by the court that instead of being possessed of a good moral character the character of the party was infamous, does the gentleman say the court could not lawfully exclude him from the bar?
Mr. FINCK. I will answer the question as briefly as I can. In that case the court would find, before they would debar the party from p. that he was a man of bad character; but in this case of Garland the case has been already examined by the Supreme Court and he has been allowed to practice in that court, and you propose now to require the Supreme Court to go E. that decision and say that Garland is not qualified to practice. I claim that that is a retroactive law.
Mr. WILSON, of Iowa. Of course it would be retroactive, and I take it that we have the power to make it retroactive. It is simply a rule C. the court that persons who have been guilty of these offenses shall not appear in the presence of the court as its officers. The object is to defend the court against the presence of such persons, to exclude criminals and infamous rsons from the halls of justice; and I would ike to ask the Gentfrom Ohio whether any inquiry into the reputation and character of a party is not necessarily retroactive?
Mr. WILSON, of Iowa. Can you try a Iman's character and reputation in the future? suppose that a man's character is that which he is, regardless of the opinions of others, and that reputation is the judgment of the commu in which he resides.
Mr. FINCK. I claim that the question of character, where it is involved, must be deter mined by its standard at the time of inquiry, and not what it was years before. What is it now? is the inquiry.
Mr. W?os. of Iowa. A man's reputation must be based upon his conduct and what others say of him. man's character is that which he himself is, regardless of the judgment of those surrounding him, and an inquiry into either must necessarily be retroactive. I now resign the floor to the Gentfrom Massachusetts.
Mr. BOUTWELL. Mr. Speaker, if the House will pardon me, I think that by the record I can demonstrate concisely how congress is justified in this proceeding. The Gentfrom NewJersey [Mr. Rogers] was pleased to say that this bill contemplates a new mode of trial. I take it that no gentleman knows better than the Gentfrom NewJersey that the provisions of this bill with reference to an examination into the character of a counselor in a court are in exact accordance with the practice in every court in this country and in GreatBritain also, as I understand. If it be suggested in open court that a man has been guilty in any time past of any act which unfits him, either according to law or in the judgment of the court, to pursue his profession and hold office as a practitioner in the court, the court proceeds to inquire whether those things are so or not, not as a criminal is charged upon the criminal side of the court, but merely for the purpose of reaching an opinion which has only this effect, that it determines the future standing of the party in court, but does not affect the party anywhere else in rights. his
Mr. RO6ERS. I desire to ask the gentleman what is the best proof that a man is guilty of the offenses referred to in this bill, treason, murder, &c. 7 Can you prove it in any way except by the production of a record of his conviction?
Mr. BOUTWELL. Undoubtedly the production of the record of conviction is the best evidence of the guilt of the party; but that is o not the only evidence that a court may take. It may go into an examination of charges which have never been brought before a criminal tribunal, and if the court is convinced that the party is guilty it has a right to deprive him of the privil of practicing in the court.
Mr. MAYNARD, I would ask the Gentfrom Massachusetts whether this bill amounts to anything more than a statute declaratory of what the law now is? Every court has a right to inquire into the character of its officers; this House might inquire into the conduct of anyone of its members, or of its Clerk, or Sergeant at Arms, or Doorkeeper, and, being satisfied of his guilt of the charges brought against him, if get him aside. I would ask if this is anything more than the embodying in a statute of what the common law of the courts now i7s
Mr. BOUTWELL. There can be no doubt upon that point. And I say here, upon my responsibility, with reference to the recent decision of the Supreme Court, that it is an offense to the dignity and the respectability of the nation that that tribunal, under the general authority vested in it under the Constitution and the laws, does not protect itself from the contamination of rebels and traitors, until the rebellion itself shall be suppressed and those men shall be restored to their former rights as citizens of this country. The Supreme Court, failing in the performance of this and self protecting duty, the time has arrived when the Congress of the U.S., by whose breath alone the Supreme Court enacts rules of any sort or admits any man to the office of counselor or attorney at its bar, should assume exact and specific authority to declare by solemn law that men who have been guilty of murder or treason or bribery, or 5. have raised their arms to strike down the Government of their country, shall not participate in the administration of the laws of the land until they are absolved from their crimes. ow, it is notenough that the Supreme Court of this country tells us that the pardon of the President absolves these men from their iniqui ties. Sir, that is not enough; the pardon of the President may open the doors of jails and penitentiaries; it may release criminals who are guilty of murder or any other felony. But while I occupy a place upon this floor never with my consent shall the pardon of the President be a certificate on which a felon may enter into the sacred tribunals of this land and assist in the administration of justice. [Applause on the floor and in the galleries]
The SPEAKER. Spectators in the galle ries must not manifest disapprobation or aplause; and the asst doorkeepers o.f house will remove all persons offending against its rules.
Mr. ELDRIDGE. I would inquire of the Chair if it is not equally out of order for members on the floor to applaud.
Mr. JOHNSON. Will the Gentfrom Massachusetts [Mr. BouTwell] allow me 2 minutes upon this question?
Mr. BOUTWELL. There are 20 gentlemen appealing to me to yield, and if I yield to one I ought to yield to all. I must decline to yield further, though I would be glad to accommodate my friendfrom Pennsylvania, [Mr. JOHNson]
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting information required by the 2nd section of the act of April 12, 1861; which was referred to the ComWays&Means, and ordered to be printed. STEAMERS EVENING STAR AND COMMODORE.
The SPEAKER also laid before the House a communication from the SecyTreasury, in answer to a resolution of the House of the 3d instant, transmitting reports relative to the loss of the steamer Evening Star and the wreck of the steamer, Commodore; which was ordered to be printed, and referred to the ComCommerce. LEAVE OF ABSENCE. Mr. MOOREIEAD asked and obtained leave of absence for Mr. CULVER for ten days. OATHS FOR ATTORNEYS AGAIN.
The SPEAKER. The pending question is on the motion to adjourn.
Mr. LeBLOND. I move that when the House adjourns it adjourn to meet on Thurs day next. SPEAKER. That motion is not in order. The motion to fix a time for adjournment has priority over a mere motion to adjourn, but the usage has been in all recent Congresses that the former motion cannot be repeated, after being once decided, until the motion to adjourn has been decided, and for this reason: that one 5th of the members of the House could keep it in session when a majority desired it to adjourn.”
Mr. LeBLOND. Then I move that the House take a recess until half past 7 o'clock.
The SPEAKER. That does not takeprece. dence; the motion to adjourn must be put before any other motion of a similar character is put.
Mr. BOUTWELL. I wish to inquirewhat will be the state of this bill if the House adjourns.
The SPEAKER. It will come up tomor. row morning immediately after the reading of the Journal.
Mr. INGERSOLL. I ask unanimousconsent to introduce a resolution.
Mr. RADFORD. I object. The question being taken on the motion to adjourn, it was decided in the negative yeas 42, nays 82, not voting 67;. So the motion to adjourn was disagreed".
Mr. KASSON. I ask the consent of the House, with the approval of the gentlema.” charge of this bill, that instead of adjou. "; We l suspend the rules and go into folo Whole upon a very short bill, the postoffice appropriation bill.
Mr. ELDRIDGE. I move that the House take a recess till half past 6 o'clock..
The SPEAKER. The pending moi". to take a recess till half past 7o'clock." which the yeas&nays are ordered;. diThe question being taken, it was decide. the negative yeas 19, nays 99, NOT VOTING 73. So the motion was disagreed to.
Mr. BOUTWELL. We have consumed about the time we usually consume in our daily sessions, and perhaps tomorrow we may be able to finish this bill.
Mr. RANDALL, of Pennsylvania. I object to debate.
Mr. FINCK. I call for the yeas&nays on my motion.
Mr. ELDRIDGE. yeas&nays. Tellers were ordered; and Messrs. PAINE and Boy ER were appointed.
Skip Skip The House divided; and the tellers reported 33 in the affirmative. So the yeas&nays were ordered.
Mr. FINCK. I understand that the Gentfrom Massachusetts [Mr. Boutwell] is about to make a motion to adjourn, and in that case I will withdraw my motion.
Mr. RANDALL, of Pennsylvania. I object to the Gentfrom Massachusetts or anybody else upon that side of the House entering into debate.
Mr. BOUTWELL. I would like to know whether there will be any objection to taking the vote tomorrow morning if we adjourn now?
Skip Skip The question was taken; and it was decided in the negative–yeas 9, nays 78, not voting 106; So the House refused to adjourn. During the roll call, Mr. ASHLEY, of Ohio, stated that he had aired off until 12 o'clock tomorrow with
Mr. Ross. Mr. LEFTWICH stated that he had paired off with Mr. Stokes. I call for tellers on the
The SPEAKER. No quorum voted on the ast vote.
Mr. GRINNELL. I move that there be a call of the House.
Mr. SPALDING. I 2nd the motion. The motion was agreed to. The roll was accordingly called; when the following members failed to answer to their names: Messrs. Alley, Ames, Anderson, Arnell, Baldwin, Barker, Baxter, Beaman, Benjamin, Bidwell, Blaine, Blow, Bromwell, Buckland, Bundy, Chanler, Sidney Clarke, Culver, Darling, Dawes, Dawson, Defrees, Dreealarn, o. Dumont, Eckley, Eggleston, Garfield, Good Harris, Hart, Henderson, Hise, AsahelW. Hub ard, James R. Hubbell, Jones, Kelly, Kuykendall, Latham, William Lawrence, Marvin, Maynard, Mc Cullough, McKee, McItuer, Moorhead. Morrill, Moulton, Orth, Patterson, Perham, Phclips, Pike, Plants, Pomeroy, Alexander H. Rice, John H. Rice, itoss, Rousseau. Sitgrooves, starr, Stevens. Stilweli, Stokes, Thayer, John L. Thomas, Thornton, Robert T. Van Horn, Andrew H. Ward, Hamilton Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, dWoimllia, m B. Washburn, Stephen F. Wilson, Win and Wright. 1 12 members answered to their names.
Mr. BOUTWELL. I move that further proceedings under the call be dispensed with.
Mr. FINCK. On that motion I call the yeas&nays.
Mr. BOUTWELL. I withdraw the motion. The doors of the House were then closed and the Clerk proceeded to read the names of the absentees for excuses. John B. ALLEY.
Mr. HOOPER, of Massachusetts. I wish to say that my colleague, Mr. ALLEY, is absent by leave of the House, his leave extending, I believe; beyond the present time.
The SPEAKER. If the House has granted him leave of absence, he is excused. OAKES AMEs. Mr. HOOPER, of Massachusetts. I desire to make the same statement in regard to Mr. AMEs that I did in regard to Mr. Alley that he is absent on leave.
The SPEAKER. Then he will be excused. George W. ANDERson. No excuse offered. SAMUEL M. ARNELL. Mr. HAWKINS. My colleague, Mr. ARNELL, obtained leave of absence for ten days to return to his home.
The SPEAKER. Any gentleman absent on leave is excused, of course. John D. BALDw1N. No excuse offered. ABRAHAM A. BARKER. No excuse offered. Portus BAxTER. No excuse offered. FERNANDo C. BEAMAN. No excuse offered. John F. BENJAMIN. No excuse offered. John Bidwell. No excuse offered. JAMES G. BLAINE. No excuse offered. HENRY T. Blow. Mr. LOAN. My colleague, Mr. BLow, is absent by leave of the House for an indefinite time.
The SPEAKER. His name will be omitted from the list of absentees. HENRY P. H. BRomwell. fered. RALPH. P. BUCKLAND. HEzekiah S. BuNDY. John W. CHANLER. SIDNEY CLARKE.
Mr. GRINNELL. The Gentfrom Kansas, Mr. CLARKE, is absent on leave.
The SPEAKER. His name will be stricke from the list. CHARLEs W. CULVER.
The SPEAKER. The Gentfrom Pennsylvania, Mr. CULVER, obtained leave of absence today. WILLIAM A. DARLING.
Mr. RAYMOND. My colleague, Mr. DARLING, has been absent from the House, 1st on account of sickness, and now, I believe, on account of a death in his family. I believe he is absent on leave, but at any rate I move that he be excused. The motion was agreed to. HENRY L. DAWEs. No excuse offered. JJooshenphL. D.Awson. No excuse offered. H. DEFREEs. No excuse offered. CoLUMBus DELANo. No excuse offered. No excuse of No excuse offered. No excuse offered. No excuse offered. EBENEzer DUMont.
Mr. INGERSOLL. The Gentfrom Indiana, Mr. DUMont, has been absent during the greater part of the session on account o sickness. I move that he be excused. The motion was agreed to. EPHRAIM R. Eckley. No cxcuse offered. BENJAMIN EGGLEston. No excuse offered. JAMEs A. GARFIELD. Mr. ALLISON. The Gentfrom Ohio, Mr. GARFIELD, left the House a few hours ago, complaining of illness. I understand also that he has sickness in his family. I move that he be excused. The motion was agreed to. CHARLEs GooDYEAR. No excuse offered. BENJAMING. HARRIs. Mr. LeBLOND. I received a letter from Mr. HARRIs the other day, saying that his wife was very ill. I think he is absent by leave of the House. I move that he be excused. The motion was agreed to. Roswell HART. No excuse offered. JAMEs H. D. HENDERson. Mr. PRICE. The gentlemen from Oregon, Mr. HENDERson, is very sick, confined to his bed. I move that he be excused. The motion was agreed to. ELIJAH HISE. No excuse offered. AsAHEL. W. HUBBARD. Mr. GRINNELL. My colleague, Mr. HUB BARD, has been sick all the session and notable to be here at all. I move that he be excused. The motion was agreed to. JAMEs R. HuBBELL. No excuse offered. MoRGAN Jones. Mr. TAYLOR, of NewYork. My colleague, Mr. Jon Es, is sick, confined to his room, as he has been during the whole session. I move that he be excused. The motion was agreed to. WILLIAM D. KELLEY. No excuse offered. AGNeDoRrEgwe J. KUYKENDALL. No excuse offered. R. LATHAM. No excuse offered. WILLIAM LAWRENCE. Mr. WELKER. My colleague, Mr. LAw RENCE, of Ohio, is absent by leave of the House for an indefinite time.
The SPEAKER. That is the fact. His name will be stricken from the list of absentees. JAMEs M. MARVIN. Mr. MERCUR. The Gentfrom NewYork, Mr. MARVIN, left the Hall about an hour and a half ago, observing that he felt quite unwell. I move that he be excused. The motion was not agreed to. HoRAcE MAYNARD. No excuse offered. HIRAM. McCULLough. No excuse offered. SAMUEL McKEE. No excuse offered. DoNALD C. McRUER. No excuse offered. JAMEs K. MoorthEAD. No excuse offered. JUSTIN S. MoRRILL. No excuse offered. SAMUEL W. MoULTON. No excuse offered. GoDLovE S. ORTH. No excuse offered. JAMES W. PATTERson. Mr. HALE. The Gentfrom NewHampshire, Mr. PATTERson, stated to me an hour or 2 ago that it was indispensably necessary that he should leave; and he requested me to pair with him on this bill. I do not know fwohrether the fact that he is paired is an excuse his absence.
The SPEAKER. Pairing has not been regarded as an excuse for absence under a call of the House.
Mr. HALE. I presume the gentleman was uInder the impression that it was a valid excuse. move that he be excused. The motion was not agreed to.
Mr. INGERSOLL. I rise to make an inquiry of the Chair. I desire to know whether it is not, by the usages of the House, allowable for one member to pair with another and be absent?
The SPEAKER. The Gentfrom Illinois [Mr. WASHBURNE] has been granted leave of absence for the remainder of the session. His name will be stricken from the list of absentees. HENRY D. WASHBURN. No excuse offered. WILLIAM B. WASHBURN. No excuse offered. Stephen F. Wilson. No excuse offered. WILLIAM WINDoM. No excuse offered. Edwin R. W. WRIGHT. Mr. NEWELL, My colleague, Mr. WRIGHT, is at his home sick, unable to be here. I move that he be excused. The motion was agreed to.
Mr. GRINNELL. Mr. Speaker, I move that the Sergeant at Arms take into custody the members absent without leave and bring them to the bar of the House forthwith.
Mr. HILL. I move to amend that those who are outside of the Hall may be permitted to come in.
The SPEAKER. Members who are absent will be taken into custody as they appear.
Mr. HALE. Can those members who may be seen looking through the glass doors be said to appear here?.
Mr. ELDRIDGE. They only appear through the glass darkly. [Renewed n. g
Mr. HILL. I withdraw my amendment. I understand that those who are outside will appear and surrender themselves.
Mr. JOHNSON. I ask that I be excused by the House from further service during this day's session on account of sickness, and submit the motion accordingly.
Skip Skip The House divided; and there were ayes 81; noes not counted. So the motion was agreed to.
Mr. ELDRIDGE. The doors seem to be leaking.
The SPEAKER. The gentleman will state who has been allowed to come in.
Mr. ELDRIDGE. The Gentfrom WestVirginia seems to have dropped from Some quarter.
Mr. WHALEY. In reply I will say I was here when the roll was called and answered to my name, and if the Clerk did not hear me I cannot ho it.
The SPEAKER. The Clerk did not hear the gentleman's answer.
Mr. ELDRIDGE. Has the Doorkeeper the right to let members in upon their own statement?
The SPEAKER. The Chair will state to the Gentfrom Wisconsin that the Door keeper always requires every member to an swer whether he answered to his name on the call of the House, and when they answer they did he allows them to enter the House. The Chair will also state that during the pendency of a call of the House permission is uniformly given to members on their parole to be absent for a few moments.
Mr. WENTWORTH. I demand that the Sergeant at Arms shall enforce the warrant of the House.
Mr. RANDALL, of Pennsylvania, demanded tellers. naTysellers were not ordered; and the yeas and were not ordered. House refused to adjourn. The Sergeant at Arms appeared at the bar of the House, and reported he had under the warrant of the House now in custody Mr. PER HAM and Mr. Eckley.
Mr. PERHAM, you have been absent from the House without its leave. What excuse have you to offer therefor?
Mr. PERHAM. I felt in need of my dinner and went home and procured it. The only complaint'I have to make is, that when I returned I was kept waiting for a long time before I could get in.
Mr. BINGHAM. I move the gentleman be excused.
Mr. RADFORD. On the payment of costs. The amendment was agreed t;o and the motion, as amended, was adopted.
Mr. EckLEy, you have been absent without leave of the House. What excuse have you to make?
Mr. ECKLEY. When I left the House I was under the impression it was about to adjourn. That impression I received from the action of those who had charge of the bill. Like the Gentfrom Maine, I felt much in need of my dinner for the sustenance of the inner man, and after getting iIt returned here and had to wait for a long time before I was allowed to come in. I was absent without leave of the House, for which I beg its pardon. I did not mean any disrespect to the House.
Mr. SPALDING moved his colleague be excused on payment of costs. The motion was agreed to.
Mr. BINGHAM moved that the House adjourn. The motion was disagreed to.
Mr. BINGHAM: My colleague, Mr. LeBLoND, desired to be heard on this question, The Clerks are preparing and I move he be heard for ten minutes.
Mr. LeBLOND. I did not ask to be heard upon this bill, but on the one reported by the chairman of the ComJudiciary.
Mr. BINGHAM. I was mistaken then, and apologize to my oleo.
Mr. RADFORD. I. hope gentlemen on the other side will be willing to make somecom: romise, and fix an hour when the voteshall e taken.
Mr. RANDALL, of Pennsylvania. I object to any compromise.
Mr. BINGHAM. I move that all further proceedings under the call be dispensedwith. The motion was disagreed to.
Mr. RANDALL, of Pennsylvania. In con. sideration of the attention and devotedness of the members present, I move they shall be allowed a recess of 5 minutes.
The SPEAKER. That would dispensewith the proceedings under the call. o RANDALL, of Pennsylvania. It does not seem to be the wish of the House, and I withdraw it.
Mr. RADFORD. I ask for leave of absence.
Mr. SPALDING. I object. The Sergeant at Arms appeared at the bar of the House, and reported that, in compliance with its warrant, he had now in custody Mr. DELANo and Mr. Bucki, AND.
Mr. DELANo, you have been absent from the House without its leave. What excuse have you to offer?
Mr. DELANO. I went home, o my din. ner, and returned as soon as I could.
Mr. HUBBARD, of Comecticut. Was the gentleman arrested?
Mr. DELANO. I came back voluntarily and hunted up the Sergeant at Arms. [Laughter]
Mr. MILLER. I move the gentleman be excused on payment of the usual fees. The motion was agreed to.
Mr. BuckLAND, youhave been absent without leave of the House. What excuse have you to offer?
Mr. BUCKLAND. My only excuse iIs went to get my dinner.
Mr. RADFORD. I move the gentleman be excused on the payment of fees.
Mr. SCHENCK. If the gentlemanprocured his dinner at the restaurant below stairs it must have been so miserable a one that I amquito sure it was punishment enough. [Laughter] The motion was agreed to.
Mr. ROGERS. I move each one of the members be furnished with a ham sandwich af the expense of the House.
Mr. HOGAN. To be paid out of the con: tingent fund.
The SPEAKER. As it involves an oppo. priation it must be 1st considered in the ComWhole. [Laughter].
Mr. BOYER. I move the House adjourn. The motion was disagreed to.
Mr. INGERSOLL. I wish to present motion, and to explain it I ask the Clerk to read the paper I send up.
The Clerk read as follows: Ahy he reasonwh soji. States, as evidenced the adoption of an ordin” of secession
Mr. COOPER. I object to any further reading.
Mr. INGersoll. I move all furtherproceedings under the call be dispensedwith. The motion was disagreed to.
Mr. INGERSoLL. I move that Ishall: excused from further attendance on. session of the House; and I ask a paper" read in support of that motion:. ', cer
Mr. G. Is it a physician's “ tificate?tion
Mr. INGERSOLL. I rise to ask a quo of the Chair as to the right of a m. 3. deny me the privilege of being ho question of this kind. I ask the House. e cuse me. I may have the best reaso.” iwi. world, and yet gentlemen deny in the lege of giving them. Now, is that parmentary?
The SPEAKER. The Chair thiaks it is, unless the gentleman gives his reasons for desiring to be excused.
Mr. INGERSOLL. Am I compelled to give them verbally? Can I not send them to the Clerk's desk? I have an elaborate article prepared on the subject. [Laughter]
Mr. RANDALL, of Pennsylvania. say to the gentleman that I objected out of def. erence to himself.
Mr. INGERSOLL. I was not aware the gentleman had so much regard for me.
Mr. HiLL. I suppose the gentleman places it upon the ground i. he is not to give his reasons upon compulsion.
Mr. INGERSOLL. Although they should be as thick as blackberries I would not do it. [Laughter]
The SPEAKER. The Chair rules that the gentleman can give his reasons for asking to be excused, but he cannot have them read without permission of the House.
Mr. INGERSOLL. I suppose I can read them myself?
Mr. INGERSOLL. Well, sir, on some more happy occasion perhaps the House will hear them. [Laughter]
Mr. ELDRIDGE. I would like to know what occasion that will be. [Laughter]
Mr. BINGHAM. I move that the House do now adjourn. The motion was disagreed to ayes 27, noes 68.
Mr. WENTWORTH. Would it. bein order to have the President's message read? [Laughter]
The SPEAKER. It would not; no business can be transacted during the pendency of the call of the House.
Mr. KASSON. Then I move to suspend further proceedings under the call for the purpose of proceeding with the business of. the The motion was disagreed to.
Mr. GRINNELL. I ask if it is in order to move that The SPEAKer appoint an asst Sergeant at Arms so that members may be brought in with greater facility?
The SPEAKER. The Sergeant at Arms has power to appoint special messengers under the rule of the House.
Mr. INGERSOLL. I rise to a question of order; whether it is in order for lunch to be distributed on the desks of members during business hours. [Laughter]
The SPEAKER. Does the gentleiman insist upon the point of order?
The SPEAKER. The Chair rules that it is not in order.
Mr. INGERSOLL. I then ask that the order be carried into execution.
The SPEAKER. The Doorkeeper will execute the order.
Mr. HILL. Does that rule extend to apples? I am interested, as I have just sent for half a dozen. [Laughter]
Mr. WENTWORTH. I move that the chair man of the ComJudiciary [Mr. WILson, of Iowa) be excused out of deference to his position as chairman of that committee, and also taking into consideration his age. [Laughter]
The SPEAKER. The gentleman has not himself asked to be excused.
Mr. WILSON, of Iowa. Mr. Speaker, having finished my lunch; I ask that the order of the House be enforced and that the articles be removed. [Laughter]
Mr. RADFORD. Mr. Speaker, I want to know if the freedman yonder is a member of the House; if not, I ask that the floor may be cleared. [Laughter]
The SPEAKER. He is one of the employees of the House, and therefore entitled to be present.
Mr. RADFORD. Mr. Speaker, in good I will faith now I propose that the House adjourn; and on that motion I call the yeas&nays. On ordering yeas&nays there were ayes nine.
Mr. LYNCH. I demand tellers. Tellers were ordered; and the Chair appointed Messrs. LYNCH and RADFord.
Skip Skip The House divided; and the tellers reported ayes 2, noes 8. [Laughter] The SPEAKER. One 5th having voted in the affirmative, the yeas&nays are ordered. [Laughter]
Skip Skip The question was taken; and it was decided in the negative–yeas 13, nays 89, not voting 89;. So the motion to adjourn was not agreed to. The Sergeant at Arms here appeared and announced that in obedience to the warrant of The SPEAKer he had arrested and produced at the bar of the House, Mr. ORTH, of Indiana.
Mr. ORTH, you have been absent from this House without its leave. What excuse have you to render for your absence 2
Mr. ORTH. I do not know that I have any very good excuse to offer to this House. I remained here until I was satisfied that I would have a very late dinner if I got any at all. I trusted to the good sense of this House to soon adjourn; but I must confess that my confidence was misplaced, although I set the example myself of leaving the House. And I will also say that I saved the Sergeant at Arms from any unnecessary traveling, because I was arrested by him near the door of the House.
Mr. KOONTZ. I move that the Gentfrom Indiana, Mr. ORTH, be excused upon the payment of the usual fees.
Mr. ELDRIDGE. I move to amend by adding the following: And being subjugated he shall submit to suffrage without regard to race or color and shall take the test oath. [Laughter]
The SPEAKER. The Chair is of opinion that the amendment is not in order.
Skip Skip The question was taken; and the motion of Mr. Koontz was agreed to. The Sergeant at Arms also announced that in obedience to the warrant of The SPEAKer he had arrested and now produced at the bar of the House, Mr. His E, of Kentucky.
The SPEAKER. Mr. Hise, you have been absent from this House without its leave. What excuse haveyou to render for your absence?
Mr. HISE. May I inquire, being new to legislative forms and proceedings, what will be the penalty if I have no sufficient excuse to render for my absence?
The SPEAKER. It is within the discretion of the House. The usual penalty is the payment of fees to the Sergeant at Arms.
Mr. HISE. I have the floor for a few moments, I suppose, for the purpose of rendering my excuse.
The SPEAKER. The gentleman has the floor for the purpose of stating his reasons for his absence.
Mr. HISE. I did not leave the Chamber until after the usual hour of adjournment; it was a few minutes after 4 o'clock before I left. I was very much fatigued by close attemtion for some hours to the proceedings of the House. I was also somewhat dispirited, I acknowledge, with the appearance of things in the House as I left it. F.;that a bill constituting, I supposed, one of a series o measures, had been brought into the Housey and the supporters of the bill called for this extraordinary previous question, denying the privilege of discussion upon the subject. It was a bill which, with its confreres and asso ciate measures, in my deliberate judgment, makes an assault upon one of the main pillars" of this Government, and strikes down one of the corner stones of our political fabric.
Mr. KOONTZ. I rise to a question of order. Is the gentleman in order in thus making a speech upon this occasion?
The SPEAKER. In the opinion of the Chair the Gentfrom Kentucky [Mr. His E] is not in order. The gentleman must state his reasons for his absence without leave. The opinion of the gentleman upon a pendin bill is not a reason for absence; it is a reason for his remaining in the House. [Laughter. J
Mr. HISE. I think I can show that my remarks are pertinent.
Mr. LeBLOND. Is it not a good reason why a member should leave the House that he sees that one of the arms of the Government is being assailed? [Cries of “Order!” “Or. der!”]
The SPEAKER. The gentleman is out of order.
Mr. HISE. When I left the Chamber 1 thought I perceived that my further presence here would be unnecessary and unavailable. I was not willing to be present and see a measureof that description
The Speaker. The Chair thinks the gentleman is out of order.
Mr. WENTWORTH. I move that the time of the member from Kentucky [Mr. Hise] be extended. [Great laughter]
Mr. HISE. I was proceeding to show the motives and reasons why I absented myself. Be they good or be they bad, still they are the reasons I have for leaving the Chamber as I did; and they constitute the excuse, and almost the only excuse, I have to offer. I had heard the Gentfrom Massachusetts [Mr. oget up on this floor and proclaim and declare the most monstrous and horrible opinions that ever had been uttered either in or out of this House. [Cries of “Order f' “Order f'
The SPEAKER. It is clearly not in order for the gentleman to indulge in strictures upon the Gentfrom Massachusetts, [Mr. Borr well, ] or any other gentleman, in rendering his excuse for bein .without leave.
Mr. SLOAN. f, it not the duty of : Gentfrom Kentucky [Mr. His E] to take his seat after he has been called to order until he has the leave of the House to proceed?
The SPEAKER. After the Chair has ruled that a member is out of order in his remarks the Chair has nothing further to do in the matter. It is for a member, if he desires it, to insist that the member called to order shall take his seat until leave is given by the House for him to proceed in order.
Mr. HISE. I was merely remarking that I had heard opinions declared and views an nounced in regard to the structure and form of Government
The SPEAKER. These remarks of the gentleman are clearly out of order.
Mr. HISE, Well, I will state that I thought I perceived that if I remained in this Chamber there was no hope that I could obtain the exercise of the privilege of responding to those opinions, or of on: known my opposition to the monstrous measure now before the House. I furthermore state that in connection with that I was wearied and fatigued with my attendance here, and I thought that perhaps my personal presence was not material or necessary in any way, either to prevent the adoption of that measure or to give the opposition to its adoption any aid or assistance. I perceived that there were motions to lay on the table, to adjourn, and other motions by which the session of the House would be protracted to a very unreasonable hour in the night. And as I had done my usual duty, and had performed my usual amount of labor during the day, I hoped that I might retire without any prejudice to the public service.
Mr. GRINNELL. Is it in order to move that the gentleman have leave to print the remainder of his remarks?
The SPEAKER. The Chair thinks not, as the reasons the gentleman is giving are to in fluence the action of the House at this time.
Mr. SPALDING. I would inquire if the gentleman left with the intention of again returning?
Mr. HISE. I heft with the intention of returning tomorrow at 12 o'clock.
Mr. LeBLOND. I move that the Gentfrom Kentucky [Mr. HIs E] be excused upon the payment of the usual fees.
Mr. HISE. I came here immediately upon the summons of the officer without any delay, and here I am. [Laughter]
Mr. PRICE. As a reason for excusing the gentleman it may be urged that he gives the same reasons for absenting himself today that the members of the southern confederacy gave for absenting themselves in 1860.
Mr. RADFORD. I call the gentleman to order. The SPAEKER. The Gentfrom Iowa [Mr. PRICE] is not in order in the remarks he is making. The question was upon the motion of Mr. LeBLoWD, that Mr. Hise be excused upon the payment of the usual fees. The motion was agreed to.
Mr. SCHENCK. I desire to move an amendment to the motion of my colleague, [Mr. LeBLoND]
The SPEAKER. The gentleman is too late; the motion of his colleague [Mr. LeBLOND has been agreed to.
Mr. WILSON, of Iowa. I move to reconsider the vote by which the motion to excuse the Gentfrom Kentucky [Mr. His E] was agreed to.
Mr. ELDRIDGE. I move to lay the motion to reconsider upon the table.
Mr. RANDALL, of Pennsylvania. that motion I call for the yeas&nays. The yeas&nays were ordered.
Mr. ELDRIDGE. I rise to a question of order: whether this business can be done while the order is being executed for a call of the House?
Mr. ELDRIDGE. I.inquired of The SPEAKer.
The SPEAKER. That is the exact way in which the call proceeds. The motion to reconsider is of course in order, and it may be laid on the table.
The SPEAKER. The call of the House presumes there is not a quorum present.
Mr. STROUSE. I ask unanimous consent to excuse my colleague, Mr. DENIson, from further attendance at this sitting, as he is indisUpon Suppose there is no posed. No objection was made.
Mr. HALE. I rise to a point of order. Gentlemen who are supposed to be in the cus tody of the Sergeant at Arms are occupying their seats in this Hall. I ask if that is permissible.
The SPEAKER. It is not; gentlemen who are under arrest cannot occupy their seats until they are discharged from custody.
Mr. WENTWORTH. I would inquire what effect the decision of the Supreme Court has upon these arrests? [Laughter]
The SPEAKER. The Chair is not aware what effect that will have.
Skip Skip The question being taken on the motion to lay on the table the mtRtv the House excused Mr. Hise on payment of the usual fees, it was decided in the negative ayes 48, noes 53, not voting 90; So the motion was not laid on the table. The question recurred on the mtRtv Mr. Hise was excused on payment of the fee.
Mr. SCHENCK. Upon that motion I desire as a reason for the vote I shall give to have some of the language used by the Gentfrom Kentucky, [Mr. His E] read from the Clerk's desk. I hope the reporter will be called upon to read his notes.
Mr. RADFORD. I rise to a point of order. The gentleman has no right to present his views at this time.
The SPEAKER. It is in the province of the Gentfrom Ohio, on the motion to reconsider, to state why the Gentfrom Kentucky should not be excused on the payment of the fee. That motion opens the whole question, the motion to lay it on the table being rejected.
Mr. SCHENCK. If the motion to reconsider shall prevail, I propose to move some fine by way of amendment to the motion to discharge the gentleman on payment of the usual fee, because I think a fine ought to be imposed. I think when a member is called upon to present his excuse for his absence and he takes advantage of that opportunity to announce secession floo on this floor, and to abuse the chairman of the committee who reported the bill under consideration, he ought to be made an example of And I ask, as a reason for the vote which I shall give, and in illustration of the remarks which I shall make, 1st for the reading of this extract from the notes of the reporters, which I send to the Chair, containing what he said about Mr. BouTwell.
The Clerk read as follows: ge“t Iuhpaoven htheiasrdflothoer Gentfrom Massachusetts bmeoesntumttoenrsetdroeuitshaenrdinhoorrriobulet of the House.”ever had
Mr. SCHENCK. I also ask that the remarks made by the gentleman previous to that shall be read from the notes of the reporters. I am willing, however, to rest the case upon this attack made upon the Gentfrom Massachusetts, [Mr. BouTwell, ] who intro.duced the bill; an attack made by the Gentfrom Kentucky under cover of an excuse for his absence. I call the previous question on the motion to reconsider.
Mr. BINGHAM. I hope not; I desire to make some remarks upon the question.
Mr. LeBLOND. Can the previous question be ordered when the House is carrying Out an order for a call of the House, when theSpeaker has already announced that that presupposes there to be a minority of this House present?
The SPEAKER. Upon all the questions owing out of a call of the House, andarising from the power of the House over its absent members, the previous question and a motion to lay upon the table are in order under the rules of the House.
Mr. LeBLOND. I hope my colleaguewill withdraw the demand for the previous ques.tion. I would like very much to be heard for a moment in reply to my colleague.
Mr. I wish simply to saythat I have no desire myself to debate this matter, and no desire to hear it debated. I leavethe case just where it was, that, in the exercise of the privilege to give an excuse for his absence, the gentlemen from Kentucky, at least, whatever may be thought of anything else he said, took advantage of the occasion to attack a member of this House, and that is the reason why I shall vote to reconsider in order to afford an opportunity to see whether the House will not impose, a further P.than the easy and lenient course of merely discharging the member on payment of costs.
Mr. }}}. I wish to inquire of the gen: Gentfrom Ohio [Mr. Schexck] if he claims that the language of the Gentfrom Ken tucky as read from the Clerk's desk is unpar liamentary.
Mr. SCHENCK. I do claim it to be unpar liamentary, but that is not the point I make I present it as a proof of the fact that he availed himself of the opportunity to assault one of the members of this House, 'denouncinghim as having uttered the most monstrous andhor rible opinions he anywhere ever heard expressedhereof else.
Mr. HALE. Then I would ask the gentleman would it be right in his judgment to im, ose a fine upon a member of fo. this House, ” which was not unparliamentary?. And that being the question, I wish to submit the question to
The SPEAKer whether the language of the Gentfrom Kentucky was unpa" liamentary.
The SPEAKER. That is not a question for the ruling of the Chair on this proposition. It is within the province of the House to do. cide what penalties it will inflict uponitsaboo" members.
Mr. His E. Will the gentleman yield to me!
Mr. SchENCK. Not to make a speech on this question. I will move myself to allow the gentleman to respond hereafter, when a moto is made to impose any further fo upon him; but F. not want him to arguetho question. it Mr. HISE. I never yet understood, no please
Mr. SCHENCK. After having yielded to the Gentfrom Kentucky [Mr. HISE] to make his explanation of his motives and purposes, I feel it due to myself as well as to the house to be a little more explicitine presenting the point raised by the question now pending. In objecting to the language used by the Gentfrom Kentucky in presenting his excuse for absence from the House, I do not wish to be understood as construing it to be a personal assault prompted by personal hostility or enmity in any shape toward the Gentfrom Massachusetts. The ground I take is this: the gentleman was absent at the call of the roll; he was sent for; was arrested and has been brought to the bar of the House by the Sergeant at Arms, and has been called upon for his excuse for his absence. In making that excuse he assigns as a reason for his ab sence that while he was here he had heard such monstrous doctrines, such horrible opinions expressed by the Gentfrom Massachusetts that he was so saddened and dispir ited that he left the House, because he had become satisfied, from the course of proceeding here, that such was the tyranny of this House he could not exercise his rights here as a Representative. Now, I do not think I have overstated his language, and before I take my seat I may ask for the reading from the Globe reporter's notes of the language he did use. My objection is not so much to an attack upon a particular member, as to his characterizing the opinions of that member as horrible in connection with his reasons for leaving the House, and his conclusion that this House was a tyrannical body, in which he could not exercise his rights as a member. That I claim to be an arraignment of the majority of this House, under color of giving an excuse for his absence. That is the point I desire to have presented here. But the gentleman makes such disclaimer of motives that I hardly know whether to insist upon a reconsideration of the vote excusing him or not.
Mr. BOUTWELL. Will the Gentfrom Ohio [Mr. SchENck] yield to me for a few moments?
Mr. ELBRIDGE. I want to inquire of the Gentfrom Massachusetts, [Mr. Bout well, ] if he considers that any fair or reason able opportunity for debate has been granted to gentlemen upon this side of the House to make such remarks and argument as the character and importance of the subject would require of members of any deliberative body?
Mr. BOUTWELL. If the Gentfrom Wisconsin [Mr. ELDRIDGE] asks me whether I think the brief time, something less than 2 hours, which was accorded to the discussion of this subject this morning, is the time that should be given to a question of this sort, I say frankly that in my judgment it is not sufficient time. But if he asks me whether, under the rule of this House, by which the ComJudiciary as well as the members of the House are bound, it was reasonable for the ComJudiciary to give more time than was given this morning, then I must say that I think we gave all the time which, with reference to the business in our charge, we had a right to give. But the gentlemen on the other side will recollect that 2 of the 3 persons who 1st addressed the House on the pending bill were gentlemen on the other side, and that then I gave way to my colleague upon the committee, its chairman, the Gentfrom Iowa, oWILsoN, ] to speak for a few minutes.
Mr. ELDRIDGE. The remark made by the Gentfrom Massachusetts is subject to misapprehension. He stated the committee had 2 hours to report, and seemed to indicate that was all the time which could possibly be devoted to the discussion of these measures. I understand the rule to be they may report in that time and that it gives as much time as the House may wish for the discussion of any question. It is not necessary they should be all discussed and passed in 2 hours.
Mr. HILL. Will the gentleman allow me a single question?
Mr. HILL., Am I mistaken in saying that he has already occupied 4 hours of the time of the House for discussion at the present session? such is my impression that one speech ofhis occupied some 3 hours and another one.
Mr. HISE. I will frankly confess that probably I have consumed about 3 hours and a half, 2 and a half of which were occupied in the discussion of the President's message in ComWhole, when it is supposed that young members might be quite discursive and immethodical in the presentation of their views. But it will be observed that notwithstanding I had, under the practice and rule of the ComWhole, that latitude of discussion, I confined myself in a close and what I believe to have been a logical argument on the sole question of the constitutional right of the southern States to representation on this floor. I did not wander from it for a moment. There were other measures, it is true. For instance, the bill introduced for the disfranchisement of the southern States by depriving them of their political right of representation, and at the same time of their right to their due weight in the election of POTUS
Mr. HILL. Will the gentleman allow me a question?
Mr. HISE. Not till I have answered the gentleman's 1st question. [Laughter] On another question I got the floor on the reconstruction bill. I had a word to say and was cut off right in the midst of my argument. [Laughter] L had barely time in the one.consideration, as hour allowed me by what is called the hour rule to set forth the basis of the argument I intended to make on the subject when down came the hammer. [Laughter]
Mr. GRINNELL. I rise to a point of order, whether the gentleman is speaking under the hour rule now. of
The SPEAKER. The gentleman is speaking under the hour rule.
Mr. HISE. On another occasion some gentleman was kind enough to allow me, as I understood ofteen minutes. It turned out it was only 8 minutes, so that in the very midst almost of my 1st sentence down came the hammer. [Laughter] That is about all the opportunity. I have had for public discussion upon the floor of a Republican Congress or of a Congress of a republican Government. So it goes. [Laughter] ow, in respect to my friendfrom Ohio, [Mr. Schexck, I think he ought to consider my age and my inexperience as a member of this body. But, sir, I have no idea the gentleman was in earnest not the least; because if he was in earnest, and the proceedings of this House are to be stopped during their progress by calling a member to order for using abusive epithets, and a motion is to be made that a fine shall be imposed upon gentlemen for the use of unbecoming and improper language, why, sir, we would have a fund in the Treasury before the end of the session, provided gentlemen paid their fines in all cases, that would pay all the fromexpenses of the House. to: ter. I am sure that if gentlemen here were to be punished for all their personal abuse and for all their violations of order by the use of invectives and abusive epithets, as the gentleman proposes to punish me by the infliction of a why it would make a sum total that would relieve the distress of all the poor, black and white, in the city of Washington during this winter. That is my opinion. Having said thus much, I have nothing more to say, unless the gentleman will learn to understand what we mean by liberality and cour tesy, and consent that this measure now before the House be postponed to some day certain for the purpose of discussion, and enable me to add 2 other hours to the 4 that I have already occupied. [Laughter]
Mr. SCHENCK. I was about to bring this matter, I thought, to a close, and an amicable one, when I yielded the floor for a moment to the Gentfrom Massachusetts, [Mr. Bout well] I have already stated to the House that I did not put the vote which I propose to give upon reconsideration for I have made no motion upon the ground of the personal attack made upon the Gentfrom Massachusetts, but upon the ground that what was said about the Gentfrom Massachusetts was incidental to an explanation made by the Gentfrom Kentucky, in which he arraigned this House, as I thought, for its tyrannical course; whether he used that precise word or not I do not know, under the pretext of giving an excuse for his absence. The Gentfrom Kentucky has made, however, so frankly and so fully, I think I may say, an explanation of his entire want of personal animosity to ward anybody upon this side of the House, and that his disposition to arraign the House as tyrannical was only Pickwickian, that I feel bound to accept that explanation, and for one I shall not press the motion to reconsider further, and I hope the House will take into do, the want of experience of the juvenile member from Kentucky, which he has pleaded here. I am disposed, for one, to accept that explanation and be satisfied; and if the House will excuse me for having turned the faucet on this occasion, I promise never to set it running again. [Laughter]
Mr. WILSON, of Iowa. In order to close the faucet I withdraw the motion to reconsider. The Sergeant at Arms appeared at the bar of the House, and reported that in obedience f to the warrant of The SPEAKer he had arrested and had in custody at the bar Messrs. MoRRILL, PLANTs, HUBBELL, of Ohio, McRUER, STIL well, ANDERSON, of Missouri, PIKE, BEAMAx, EGGLESTON, GooDYEAR, STARR, BIDwell, BAx TER, and WASHBURN, of Indiana.
The SPEAKER. Mr. MoRRILL, you have been absent from the House without its leave. What excuse have you to render for your ab sence?
Mr. MORRILL. I think, Mr. Speaker, that if you will examine the record you will find that I was absent with the leave of the House.
The SPEAKER. The ComWays&Means has a right to sit during the sessions of the House. If the committee was in session the gentleman had a right to be absent. When a gentleman who is on that committee desires to vote the Chair always presumes that he was absent on official business; but on a call of the House that permission does not apply unless the gentleman himself states that he was absent in attendance on the committee.
Mr. MORRILL. I have no other excuse to offer.
Mr. GRINNELL. I move that the gentleman be excused on payment of the usual fees. The motion was agreed to.
The SPEAKER, Mr. Egglestos, you have been absent from the House without its leave. What excuse have you to render for your ab sence?
Mr. EGGLESTON. At the place where I am taking my meals I find that the boarders fare best who get there early. The 1st table is always the best. I was very hungry, and did not think that we should get a vote upon this bill, Iso went down to get my dinner and was arrested at my boarding place. That is the only excuse I have to offer.
Mr. ROLLINS. I move that the gentleman be excused on payment of the usual fees. The motion was agreed to.
Mr. GooDYEAR, you have been absent from the House without its leave. What excuse have you to offer for your ab sence?
Mr. GOODYEAR. My only excuse is that I had an engagement in the city at 6 o'clock, and went down for the purpose of meeting it. I was about coming back when the Sergeant at Arms notified me that I was wanted.
Mr. RADFORD. I move that the man be excused on payment of the us The motion was agreed to.
The SPEAKER. Mr. STILweLL, you have been absent from the House without its leave. What excuse have you to offer for your ab sence?
Mr. STILWELL. About half past 4 o'clock, the usual time for adjournment, I left the House, being quite hungry. I went to my hotel to get my }. expecting to return afterward if the House should remain in ses.sion. While at the hotel I was called for by an officer of the House and brought up here in a carriage a mode of conveyance which I do not often use.
Mr. INGERSOLL. Would it not be in order to move that all the culprits at the bar be excused enmasse? [Laughter]
The SPEAKER. The Chair cannot recognize that they are culprits. They are members who have been absent from the session of the House without leave. Each gentleman has the right to render his excuse. Some gentlemen may have been absent on account of illness.
Mr. JULIAN. I move that my colleague, Mr. STILWELL, be excused on the payment of the usual fine. The motion was agreed to.
The SPEAKER. Mr. BEAMAN, you have been absent from the House without its leave. What excuse have you to render for your absence? A MEMBER, (to Mr. BEAMAN.) Throw your self on the mercy of the court.
Mr. BEAMAN. No, sir; I propose to jus tify my conduct. Mr. Speaker, I am not entirely satisfied that I have been disobeying or disregarding any of the rules of this House in ntle fees. being absent in this instance without leave. During the 37th and the 30 8th Congress I was absent only 3 days, and in those instances my absence was in consequence of serious sickness in my family. During the last session I was absent, I. 3 days at one time, and afterward about 2 weeks, in consequence of sickness. I make these remarks for the purpose of calling the attention of the House to the fact that, as I suppose, I know more of the common law of this House than most other gentlemen here present. During all these 6 years I have observed closely the proceedings of this House, and I have discovered that we are in the habit of having a very questionable quorum during a great portion of the time. }. view of this fact, Mr. Speaker, that we are, day after day, week after week, and month after month without a quorum, you and my fellow members will readily perceive that I had good reason to suppose it had become the common law of this house not to punish anybody for so purely fictitious a violation of the rules. Having made this statement, I do not, as my friend has suggested, “throw myself on the mercy of the court, ” but I suggest that those gentlemen who can show a clearer and a better record than I can will be very proper judges as to the condign punishment to be inflicted npon me.
Mr. NIBLACK. In consideration of the gentleman's good behavior, I move that he be excused upon the payment of the usual fees.
Mr. HOTCHKISS. Mr. Speaker, I think that no fine should be imposed upon the Gentfrom Michigan. He has within this session handed over to the Treasurer of the U.S. more than $500, which he was justly entitled to retain
Mr. BEAMAN. I call the gentleman to order.
The SPEAKER. The Gentfrom Michigan is still under arrest, and cannot call a member to order.
Mr. BEAMAN. I am on my defense; and I submit that I have a right to defend myself.
The SPEAKER. The gentleman, while under arrest and before his case is decided, cannot call a member to order.
Mr. HOTCHKISS. That the Gentfrom Michigan has been conscientious in this matter no one can doubt, though he has shown himself more sensitive than other gentlemen of the House. righMtr. BEAMAN. Has. the gentleman the to slander the members of this House? [Laughter]
Mr. HOTCHKISS. I move to amend the motion of the Gentfrom Indiana [Mr. NIBLAGK] by striking out the provision for the payment of the usual fees. The amendment was not agreed to. The question recurring on the motion of Mr. NIBLAck, it was agreed to.
The SPEAKER. Mr. ANDERson, you have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. ANDERSON. I do not know, Mr. Speaker, that I have any very good excuse. I have observed, sir, that in this city a gentleman must be on time if he wants to get any. thing to eat. I stayed here until half past 4 o'clock watching the bad conduct of my Dem ocratic friends until I became so thoroughly disgusted that I thought I would retire.
Mr. ELDRIDGE. I call the gentleman to order.
The SPEAKER. The Gentfrom Wisconsin [Mr. ELDRIDGE] excepts to the remarks of the Gentfrom Missouri. The Chair thinks that they are not in order.
Mr. ANCONA. I move that the Gentfrom Missouri be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER.Mr. PIKE, you have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. BROOMALL. I move that the gentleman be excused upon the payment of the usual fees, Mr. WILSON, of Iowa. The gentleman was so frank in his response to the Chair that F move to amend the motion by striking out the provision for the payment of the usual fees. Several MEMRERs. Oh, no.
Mr. HIGBY. If we adopt that amendment all the rest of the prisoners will make the same response that they may get off without paying anything. [Laughter]
Mr. HALE. move to amend the amendment so as to provide for the payment of half the usual fees.
Mr. WILSON, of Iowa. I withdraw the amendment.
The SPEAKER: The amendment being the amendment to the amendment allS. The motion of Mr. BRoom ALL was agreed to.
Mr. RANDALL, of Pennsylvania. I rise to a privileged question. I wish to know from the Chair what is the amount of the usual fines.
The SPEAKER. That is not a privileged question. The Chair will state, however, that the amount is not very large. The members interested will readily ascertain the amount.
Mr. RANDALL, of Pennsylvania. I would like to know whether this fund goes into the Treasury of the U.S or into the hands of officers of this House.
The SPEAKER. The gentleman will find all the information he desires on this subject on page 176 of the Digest.
Mr. RANDALL, of Pennsylvania. Well, I will not press the inquiry.
The SPEAKER. Mr. PLANTs, you have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. PLANTS. I believe I have no sufficient excuse. I think, however, I shall have to put in a plea to the jurisdiction of the court. I left the I acknowledge, for the purpose of fulfilling a previous appointment; but I came back promptly, without any notification and without any compulsion. I was not brought back in a carriage nor under any warrant. I went away quietly and voluntarily, and I came back in the same manner. I knew nothing of all these proceedings until I was met at the door by an officer of the House and informed that I was under arrest. When I left I supposed there was no special reason why I need remain. I have no other excuse to present.
Mr. TAYLOR, of NewYork. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. McRUER, you have been absent from the House without its leave. What excuse have you to offer for your absence?
Mr. MORRIS. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. JAMEs R. HuBBELL, ou have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. HUBBELL, of Ohio. I remained here until half past 4 o'clock, when it was understood that the Gentfrom Massachusetts [Mr. BoutwelL] would, make a motion to adjourn, which would be adopted. I remained in the House until the motion to adjourn was made. I then left supposing that the House would adjourn immediately. This is all the excuse I have to present.
Mr. FINCK. I move that my colleague be excused on the payment of the usual fine. The motion was agreed to.
The SPEAKER. Mr. STARR, you have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. STARR. Mr. Speaker, I ask to be discharged from arrest on the ground of my privilege as a member. The Constitution provides that members shall be privileged from arrest while fo to and returning from the sessions of the [Laughter] I had been home, and was returning when I was arrested. [Rowed laughter.
The SPEAKER. The Chair overrules the F." raised by the gentleman. The same constitution which the gentleman has quoted H. that less than a quorum of either house shall have the power to compel the attendance of absent members. The House has prescribed this method of compelling their attendance.
Mr. STARR. There was no compulsion necessary in my case. I was at the door desiring to come in.
Mr. MILLER. I move that the gentleman be excused on the payment of the usual fees.
Mr. INGERSOLL. I rise to a question of order. Is it not competent for
The SPEAKer to issue a general amnesty proclamation to all these culprits? fo hter]
The SPEAKER. fis not. The motion of Mr. MILLER was agreed to.
The SPEAKER. Mr. BIDw ELL, you have been absent from the House without its leave. What excuse have you to render for your absence?
Mr. BIDWELL. Early in the day I notified my committee of a meeting tomorrow morning. It was necessary that I should have time to prepare certain o: in order to be ready for the meeting of the committee. o That is my main reason. The next reason is that I saw it was a question of filibustering, and being no filibuster, having no sympathy with filibustering, I did not think I could do any good by remaining, especially as I supposed the House would adjourn. That is all of my excuse.
Mr. MILLER. I move that the gentleman be excused on payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. BAxTER, you have been absent from the House without its leave. What excuse have you to offer?
Mr. PERHAM. I move the gentleman be excused on payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. WASHBURN, of Indiana, you have been absent from the House without its leave. What excuse have you to offer?
Mr. WASHBURN, of Indiana. I remained here until half past 4, and othe House was about to adjourn when I left.
Mr. TAYLOR, of NewYork. I move the foleman be excused on payment of the usual ees. The motion was agreed to.
Mr. SCHENCK. Will it be in order to move that the fees paid by absentees shall be devoted to pay for the dinners of the members who have remained? [Laughter]
The SPEAKER. The fees are provided for in the statutes, and an order of the House cannot suspend the operation of the statutes.
The SPEAKER. Mr. HART, you have been absent from the House without its leave. What excuse have you to offer?
Mr. HART. I have no excuse. I remained here until 5 o'clock, and aided in filibustering until the Gentfrom Massachusetts voted for the adjournment 3 times, and then I left, supposing the House would soon adjourn.
Mr. RADFORD. I move that my colleague be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. WARNER, you have been absent from the House without its leave. What excuse have you to offer?
Mr. WARNER. No excuse. I remained here until I thought all of us ought to be at home.
Mr. DEMING. I move that my colleague be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. BARKER, you have been absent from the House without its leave. What excuse have you to offer?
Mr. BROOMALL. I move that my colleague be excused on payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. MAYNARD, you have been absent without leave of the House. What excuse have you to offer?
Mr. MAYNARD. It was important to my personal matters I should spend the evening in my room writing. I left at a pretty late hour and took one of my colleagues on the other side with me; and as an o to the magna. nimity and generosity of the House I will say I gathered up a distinguished gentleman, of Massachusetts, whom I have here to exhibit. [Laughter]
Mr. MORRIS. I move the gentleman be excused on payment of the fees. The motion was agreed to.
The SPEAKER. Mr. Rice, of Massachusetts, you have been absent from the House without its leave. What excuse have you to offer to
Mr. RICE, of Massachusetts. I retired to the room of the ComNavAffrs when I supposed the final vote was being taken on the adjournment, and after some 20 minutes went home. Finding the House had not adjourned I returned voluntarily, and am not under arrest, so far as I know.
Mr. CULLOM. I move that the gentleman be excused on payment of fees. The motion was agreed to.
Mr. BINGHAM moved to dispense with all further proceedings under the call.
Mr. ROGERS. Upon that motion I ask to be excused from voting; and upon that I call for the yeas&nays.
The SPEAKER. The Chair cannot entertain the motion of the gentleman; otherwise, as members will see, during the pending of a motion to adjourn, or of any question growing out of it, 100 members might ask to be excused from voting, and the yeas&nays might be ordered in each case, and so piled up that the House could not adjourn even if a majority should wish to do so. Therefore the Chair cannot entertain the motion of the Gentfrom NewJersey, [Mr. Rogers]
Mr. WILSON, of Iowa. I desire to say to the House that if there can be a general un: derstanding by which a vote can be had upon this bill after the reading of the Journal to: morrow, or say at the end of the morning hour, I think a motion to adjourn would be consented to by this side of the House.
Mr. RANDALL, of Pennsylvania. With one hour allowed for debate.
Mr. WILSON, of Iowa. I will restate my proposition in the original form in which I proposed it. It is that if we can haveageneral understanding that the House will come to a vote upon this bill tomorrow immediatelyafter the reading of the Journal, I will move to ad. Ourn. J
Mr. ELDRIDGE. The vote tomorrow to be taken without any debate whatever?
Mr. WILSON, of Iowa. No debatewould be in order, for the previous question is now pending.
The SPEAKER. That would requireunan. imous consent.
Skip Skip The question was upon the motion for a call of the House, upon which the yeas&nays had been demanded. Mr. GRINNELL. I call for tellersupon ordering the yeas&nays. Tellers were ordered; and Messrs. GRINNELL and KERR were appointed.
Skip Skip The House divided, and the tellers reported that there were ayes 27; noes not counted. So (the affirmative being one 5th of the last vote) the yeas&nays were ordered. Mr. BOYER. Is a motion to adjournnow in order? The SPEAKER. It is not, because the ending motion to fix the hour to which the owill adjourn takes precedence of the motion to adjourn.
Skip Skip The question was taken; and it wasdecided in the negative yeas 19, nays 109, not voting 63; so a call of the House was not ordered. During the call of the roll, Mr. WASHBURN, of Indiana, said: sire to state that Mr. Hespersox is s" as to be unable to leave his room. Mr. FINCK. I wish now to submito i. to the House. o. o: house appreciate very fully that wo to.o. final passage of this bill; o: have not sought during the day to into the proper business of legislation, except o be purpose of obtaining an i. oppo. n upon the bill; and we now so tlemen who have the charge of the bilf ayes, Hub o they will agree to adjourn now, with the understanding that we are to have an hour for debate immediately after the reading of the Journal tomorrow we will consent.
Mr. WASHBURN, of Indiana. I object. The question was upon the motion that when the House adjourn today it be to meet on Thursday next.
Mr. LeBLOND. I move to amend that motion by striking out “Thursday” and inserting “Friday.”
Mr. ANCONA. On that motion I call for the yeas&nays.
Mr. HIGBY. I would like to submit the proposition that, instead of taking an hour tomorrow morning, it be taken now.
Mr. ELDRIDGE. We are a little out of breath now.
Mr. HIGBY. That shows how ready you are for a compromise.
Mr. HISE, I ask the House to excuse me from further attendance on today's session. No objection was made; and Mr. His E was excused.
Skip Skip The question was upon ordering the yeas and navs upon the motion of Mr. LeBLoND. iMor. LYNCH. I call for tellers upon order yeas&nays. ellers were ordered; and Messrs. LYNch and Cooper were appointed. The House divided; and the tellers reported that there were ayes 30; noes not counted. So (the affirmative being one 5th of the last vote) the yeas&nays were ordered.
Mr. MAYNARD. If I may be permitted to do so, I will make a suggestion which, perhaps, may meet with approval. It seems that it is desired to debate this bill which has already passed its 3rd reading. I suggest, that as this is a very full House, and there is a very full attendance in the galleries, by common consent we devote the remainder of the present session of the House to the discussion of this bill, and continue it to as late an hour as may be desired, with the understanding that the vote on the passage of the bill shall be taken tomorrow after the morning hour.
Skip Skip The question was taken on Mr. LeBLOND's amendment; and it was decided in the negative yeas 10, nays 110, not voting 71; So the amendment was disagreed to. The question recurred on Mr. ELDRIDGE's motion, that when the House adjourns it adjourn to meet on Thursday next.
Mr. BOYER. I move that the House do now adjourn.
The SPEAKER. That motion is not in order, because a motion to fix the time to which the House shall adjourn, has priority of a simple motion to adjourn.
Mr. WASHBURN, of Indiana. I desire to withdraw my objection to the proposition of the Gentfrom Tennessee, [Mr. MAY NARD.)
The SPEAKER. The Chair will state that proposition again. It is that the remainder of this day's session be devoted exclusively to debate upon this bill, and that the vote. be taken on the passage of the bill tomorrow, immediately after the morning hour, without further dilatory motions.
Mr. ELDRIDGE. I desire to say, in response to the Gentfrom Tennessee, that those gentlemen who desired to debate this question are completely exhausted by the labors of this day. They cannot speak to: night. They have had no dinner, having had to remain here all day, and they simply ask that you shall give them one hour tomor row.
The SPEAKER. Does the Gentfrom Wisconsin object to the proposition of the Gentfrom Tensessee?
Mr. HILL. I move that these gentlemen have leave to print all they desire to say upon this question.
The SPEAKER. The Chair hears no objection, and the leave is granted.
Mr. ELDRIDGE. I move to amend the H.motion so as to provide that when the house adjourn it adjourn to meet on Saturday next.
The SPEAKER. That would not be constitutional. [Laughter]
Mr. ELDRIDGE. Then say on Friday at ten o'clock.
The SPEAKER. It would require unanimous consent to change the rule that the House do meet at 12 o'clock each day.
Mr. ELDRIDGE. I move to suspend the rules.
The SPEAKER. That will not be in order until after the morning hour on next Monday.
Mr. ELDRIDGE. Well, then, let us go on and vote on the pending proposition; I do not care what it is so long as it occupies time.
Skip Skip The question was taken; and it was decided in the negative yeas 14, nays 96, not voting 81; So the motion of Mr. ELDRIDGE was not agreed to. The question recurred on the motion that the bill be laid on the table, on which the yeas and o had been ordered.
Mr. TRIMBLE. Mr. Speaker, I rise to a question of oIdesire to make a correction of the Associated Press report of yesterday's proceedings of this House. This is a question personal to myself. I am reported as osaid in the speech which I night made last Mr. UPSON. I rise to a question of order. I submit that this is not a question of privilege.
The SPEAKER. The Gentfrom Kentucky [Mr. TRIMBLE] is out of order. In the 1st place, it is not a question of privilege to correct the Associated Press report; and in the 2nd place, the gentleman cannot take the floor pending the motion to lay the bill on the table, unless he moves to adjourn or to fix a time to which the House shall adjourn.
Mr. TRIMBLE. Can I not make the statement by unanimous consent?
Mr. TRIMBLE. I hope there will be no objection.
Mr. FINCK. I appeal from the decision of the Chair that this is not a question of privilege.
The SPEAKER. The Chair decides further that, pending the motion to lay the bill on the table, no gentleman can take the floor for debate on a question of privilege or for a personal explanation, except by unanimous conSent.
Mr. FINCK. I appeal from the decision of the Chair; and on that question I call for the eas and navs.
Mr. PAINE. I call for tellers on ordering the yeas&nays. Tellers were ordered; and Messrs. PAINE and FINCK were appointed.
Skip Skip The House divided; and the tellers reported ayes 26, noes not counted. So the yeas&nays were ordered. Mr. ANCONA. I move that the appeal be laid on the table. Mr. FINCK. On that motion I demand the yeas and Mr. ECKLEY. I call for tellers on ordering the yeas and mays. Tellers were ordered; and Messrs. EcKLEY and CAMPBELL were appointed. The House divided; and the tellers reported ayes 26; noes not counted. So the yeas&nays were ordered.
The SPEAKER. The Chair will state the question. The Gentfrom Ohio claims it is a question of privilege to correct the report of the Associated Press. The Chair decides it is not, and that even if it were it could not be entertained pending the motion that the bill be laid upon the table, except by unanimous consent. From this decision the gentleman appeals, and the Gentfrom Pennsylvania moves the appeal be laid upon the table.
Skip Skip The question was taken; and it was decided in the affirmative yeas 112, nays 1, not voting 77; S So the appeal was laid upon the table.
Skip Skip Mr. NIBLACK. I ask to be excused from voting on the pending question; and demand the yeas&nays. The yeas&nays were ordered. Mr. ANCONA moved that the House adurn. ELDRfbGE" moved that when the House adjourns today, it adjourn to meet on Friday next, and demanded the yeas&nays. Mr. BENJAMIN demanded tellers. Tellers were ordered; and Mr. BENJAMIN and Mr. Nicholson were appointed. The House divided; and the tellers reported ayes 26. So (more than one 5th of those present having voted in the affirmative) the yeas&nays were ordered.
Mr. FINCK moved to strike out “Friday” and insert “Thursday, ” and demanded the yeas&nays. The yeas&nays were ordered.
Mr. FINCK. I move there be a call of the house. The SPEAKER protempore, (Mr. Rollins in the chair.) It is not in order. Mr. FINCK. I appeal. The SPEAKER protempore. The Chair cannot entertain the o
Skip Skip The question was taken; and it was decided in the negative–yeas 3, nays 93, not voting 95;. The amendment was disagreed to.
The SPEAKER protempore. It is not in order during the pending of a motion to adJourn.
Mr. RANDALL, of Pennsylvania. I appeal from the decision of the Chair.
The SPEAKER protempore. The Chair will not entertain such an appeal pending the question on the motion to. }. otherwise the House might remain in session against the will of the majority.
Mr. RANDALL, of Pennsylvania. The motion to adjourn having been voted down, and H there appearing to be no quorum present, at what other time would a call of the House be proper if not now?
The SPEAKER protempore. The motion that has been just voted down was to adjourn till Thursday next; the pending motion is simply to adjourn, and no call of the House can now be entertained.
Mr. ELDRIDGE. Does the Chair decide that a call of the House is not in order on the motion to adjourn to a day certain?
The SPEAKER protempore. The Chair decides that a call of the House is not in order during the pendency of a motion to adjourn.
Mr. ELDRIDGE. Does the Chair decide that the House can fix a day to which it will adjourn other than tomorrow without a quo rum?
The SPEAKER protempore. Less than a quorum can adjourn simply; it requires a quo rum to adjourn till some other day. The motion pending is to adjourn, on which the yeas&nays have been ordered. The question being taken on the motion to adjourn, it was decided in the negative–yeas 8, nays 73, not voting 110; So the House refused to adjourn. Mr. RANDALL, of Pennsylvania, (at ten o'clock and 55 minutes p. m.,) moved a call of the House. The motion was agreed to. The roll was accordingly called, and the following members failed to answer to their names: Messrs, Anderson, James. M. Ashley,, Baldwin, Blaine, Bromwell, Bundy. Chanler, Davis, Dawes, Defrees, Dumont, Garfield, Aaron Harding, Hart, Holmes, Hooper, Edwin N. Hubbell, james R.iiub. bell, Kasson, Latham, George W. Lawrence, Left wich, Loan, Marshall, Marvin, Maynard, McCul lough, McKee, Moorhead, Phelps, Pomeroy, Ross, Rousseau, Sitgreaves, Sloan, Stilwell, Stokes, Na thaniel G. Taylor, John L. Thomas, Thornton, Andrew H. Ward, Hamilton Ward, William B. Washburn, Wentworth, Stephen F. Wilson, Wood. bridge, and Wright.
Mr. HALE. I rise to a privileged motion: that the House do now adjourn.
Skip Skip The question being put, there were ayes 23, noes 52. Mr. ANCONA demanded tellers.
Mr. BROQMALL. I desire to submit a proposition that, I think ought to meet the approbation of the House.
Mr. BRO0MALL. Hear my proposition. Certain gentlemen on the other side desire to be heard on the ". bill, and it seems to me but fair that they should have an opportunity. I therefore propose that the vote be taken at once upon the bill, and that those Davis, Driggs, gentlemen be allowed to print their remarks in the National Intelligencer at their own expense. [Great laughter]
Mr. ELDRIDGE. That is as much as you could expect from that gentleman.
Mr. BROOMALL. Is the proposition accepted?.
Mr. ELDRIDGE. Oh, of course it is accepted. [Laughter]
Skip Skip Tellers were ordered; and Messrs. KETCHAM and ANconA were appointed. The i.i.i.; and the tellers reported ayes 20, noes 50. So the House refused to adjourn. The doors of the Hall were then closed, and the Okerk proceeded to call the list of the absentees for excuses: GEoRGE W. ANDERson. No excuse offered. JAMEs M. As HLEY. No excuse offered. John D. BALDw1N. No excuse offered. JAMEs G. BLAINE. No excuse offered. HENRY P. H. BROMWELL. No excuse of fered. HEzeki.AH. S. BUNDY. John W. CHANLER. Thomas T. DAvis. HENRY L. DAWEs. No excuse offered. No excuse offered. No excuse offered. No excuse offered. EBENEzer DuMont.
Mr. WASHBURN, of Indiana. General DUMoNT is sick and unable to be present. I move that he be excused. The motion was agreed to. JAMES A. GARFIELD.
Mr. GRINNELL. I present the same excuse on behalf of General GARFIELD that was presented before by General SchENCR, his amily difficulties. I move that he be excused.
Mr. ELDRIDGE. I do not think General GARFIELD is very sick. He has certainly had time to get well, and to say that he has difhculties in his family is an imputation which the Gentfrom Iowa ought to withdraw. [Laughter]
Skip Skip The question was taken on Mr. GRINNELL’s motion, and it was sustained. AARQN. HARDING, Mr. RITTER. My colleague, Mr. HARDING, being quite unwell, retired to his lodging a few moments ago, and I hope the House will excuse him. I move that he be excused.
Skip Skip The question was put; and there were ayes 63, noes 30. Mr. FINCK. I demand the yeas&nays. Mr. LeBLOND. I call for tellers on the yeas&nays. Tellers were ordered; and Messrs. GRINNELL and Box.ER were appointed. The House divided; and the tellers reported ayes 26, noes 2. So (one 5th of those present voting in the affirmative) the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 87, nays 10, not voting 94; So Mr. HARDING, of Kentucky, was excused sfrloomn. further attendance during today's ses: Mr. SPALDING, I move that further proceedings under the call be dispensed with. nayMsr. ANCONA. I call for the yeas and on that motion. Mr. NOELL (at 11 o'clock and 55 minutes p. m.) moved that the House adjourn.
Skip Skip The question was taken; and upon a division, there were ayes 32, noes 58. So the motion to adjourn was not agreed to. The question recurred upon the motion of Mr. SPALDING, that further proceedings under the call be dispensed with.
The Clerk resumed the call of the list of absentees for excuses. Roswell HART. No excuse offered. SIDNEY T. Holm Es. No excuse offered. SAMUEL Hooper.
Mr. CONKLING. Mr. Hooper, of massachusetts, is a member of the ComWays&Means, which committee has leave to sit during the sessions of the House. He left the House a short time ago, saying that as a sub committee he had to prepare a matter for the committee by the time it meets tomorrow. I therefore move that he be excused. The motion was not agreed to. Edwin N. HuBBELL. No excuse offered. JAMEs R. Hubbell. No excuse offered. John A. KAsson. No excuse offered. GeoRGE R. LATHAM. No excuse offered. GEoRGE W. LAwkENCE. No excuse offered. John W. LEFTwich. wicMhr, COOPER. My colleague, Mr. LEFT is in very feeble health, and has been for some weeks past.
Mr. ELDRIDGE. He is perfectly well, I know. [Laughter] He has been here a long time today.
Mr. COOPER. I move that my colleague, Mr. LEFTwich, be excused.
Mr. ROGERS. On that motion I call for the yeas&nays.
Mr. GRINNELL. I call for tellers on ordering the yeas&nays. Tellers were ordered; and Messrs. Rogers and PRICE were appointed.
Skip Skip The House divided; and the tellers reported ayes 23; noes not counted. So (the affirmative being one 5th of the last vote) the yeas&nays were ordered.
Mr. GRINNELL. I ask leave to make a statement. I understand there will be no objection to taking a vote tomorrow without any dilatory motions. Therefore I move that the House now adjourn.
Mr. RANDALL, of Pennsylvania. We have made no such proposition.
Mr. RINNELL Then I withdraw my motion to adjourn.
Mr. INGERSOLL. I desire to make a motion. It is now after midnight
The SPEAKER protempore, (Mr. RolliNs in the chair.) Debate is not in order.
Mr. INGERSOLL. I am satisfied we will reach a vote sooner by an adjournment till tomorrow.
Mr. SCHENCK. How does the gentleman know that? We have no assurance to that effect from the other side.
Mr. INGERSOLL. I do not want any more assurance than I have.
Mr. UPSON. You have enough already. [Laughter]
Mr. INGERSOLL. I make the motion that the House adjourn.
Skip Skip Mr. ANCONA. I call for tellers is no such under Morris. Moulton, Newell, O’Neill, O Sawyer, Schenck, Scofield Aernam, Burt Van Horn, Warner, Ilenry D. W Tellers were ordered; and Messrs. ANconA and TRow BRIDGE were appointed. The House divided; and the tellers reported ayes 46, noes 51. So the House refused to adjourn.
Mr. WILSON, of Iowa. I desire to ask unanimous consent to be excused from further attendance on the session of the House tonight. I have been unwell all day. I received an in jury this morning from a fall, and it has been with the utmost inconvenience that I have remained here.
The SPEAKER protempore. If there be no objection, the Gentfrom Iowa will be excused. There was no objection.
Mr. SPALDING. I also ask unanimous consent to be excused from further attendance tonight. Several MEMBERs objected. The question recurred on the motion of Mr. Coopert, that Mr. LEFTwich be excused; on which the yeas&nays had been ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 72, nays 16, not voting 103;. So Mr. LEP"rwich was excused.
Mr. BOUTWELL. o;that by adjourning now we shall save the legislative day tomorrow, I move that the House adjourn.
Mr. EGGLESTON. On that motion I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 48, nays 55, not voting 88; So the House refused to adjourn.
The SPEAKER protempore. The Clerk will proceed to ific roll of absentees for excuses. BENJAMIN F. LoAN. No excuse offered. SAMUEL S. MARSHALL. No excuse offered. JAMEs M. MARWIN. No excuse offered. HoRACE MAYNARD. No excuse offered. HIRAM McCULLough. No excuse offered. SAMUEL. McKEE. No excuse offered. JAMEs K. MooRHEAD. No excuse offered. CHARLEs E. PHELPs. No excuse offered. THEodor E.M. Pom ERoy. No excuse offered. LEwis W. Ross. No excuse offered. LovELI, H. Rousse.AU. No excuse offered. CHARLEs SITGREAVEs. No excuse offered. ITHAMAR C. Sloan. No excuse offered. THADDEU’s STEVENs. Mr. MORRILL. I move that Mr. STEVENs be excused. The motion was agreed to. THoMAs N. STILweLL. No excuse offered. WILLIAM B. Stokes. No excuse offered. NATHANIEL G. TAYLoR. No excuse offered. M. Russell, THAYER.
Mr. HOGAN. It has been stated that Mr. THAYER is detained at home by sickness in o his and I therefore move that he be excused. The motion was agreed to. FRANCIs THoMAs.
Mr. ECRLEY. I move that Governor Thomas be excused. He is old and I believe not very well.
Mr. LeBLOND. I demanded the yeas&nays before the Chair announced the motion was agreed to.
The SPEAKER protempore. The Chair refuses to entertain the appeal.
The SPEAKER protempore. The Chair has made its decision; gentlemen will resume their seats.
Mr. LeBLOND. I will resume my seat when my rights are guarantied and not short of it. I appeal from the decision of the Chair, and demand the question shall be put to the House.
The SPEAKER o tempore. The occupant of the chair refused to entertain an appeal for this reason: there are certain questions which the Chair must decide absolutely. Where 3 or 4 gentlemen rise and claim the floor the Chair must determine which gentleman is entitled to it, and there is no appeal. And the Chair must decide in reference to gentlemen rising in time to demand the yeas&nays, and there is no appeal. The gentleman has the right to move to reconsider the vote if he thinks his right has been infringed.
Mr. LeBLOND. Then, Mr. Speaker, I move to reconsider the vote by which the Gentfrom Maryland was excused.
The SPEAKER protempore. That motion is in order; but the decision of the Chair was correct in declining to receive the appeal of the gentleman after the Chair had declared that the Gentfrom Maryland was excused by a vote of the House.
The SPEAKer of the House would have done it. [Lau Skk The k R. The gentleman moves to I hope that will The motion s reconsider the vote by which the Gentfrom Maryland [Mr. FTHOMAShomas] was excused from voting.
Skip Skip Mr. FINCK. On that I demand the yeas nd nays. Mr. GRINNELL. I demand tellers on or do the yeas&nays.: Tellers were ordered, and the Chair apointed Messrs. BAKER and Hog AN. The House divided; and the tellers reported ayes 25, noes none. So (one 5th of the members present having voted in the affirmative) the yeas&nays were ordered. The question being taken on reconsidering the vote by which the House excused Mr. FTHOMASHoMAs, it was decided in the negative ayes 13, noes 85, not voting 93;.
The Clerk resumed the call of the roll of absentees for excuses. John L. Thomas. No excuse offered. ANTHONY THoRNToN. No excuse offered. Rob ERT T. WAN HoRN.
Mr. HOGAN. I move that he be excused. He is absent from the city sick, and he was excused in the early part of the evening. The motion was agreed to. ANDREW H. WARD. No excuse offered. HAMILTON WARD. No excuse offered. WILLIAM B. WASHBURN. No excuse offered.
Mr. MORRILL. Mr. Speaker, I am quite anxious that we should adjourn. We have got an internalrevenue bill to act upon in the next few days. The ComWays&Means are very anxious to have the morning for committee work; the tariff bill is to be acted upon, and I have received, such assurances that I am satisfied there will be no dilatory motions made tomorrow morning. I therefore move that the House adjourn.
Mr. SCHENCK. What assurances are they? I demand the yeas&nays on the motion. the yeas&nays were ordered. question being taken; it was decided in the negative–yeas 38, nays 63, not voting 90;. So the House refused to adjourn.
The Clerk resumed the call of the list of absentees for excuses. STEPHEN F. WILsoN. WILLIAM WINDoM.
Mr. DONNELLY. I ask that my colleague, Mr. WINDoM, be excused on account of illness in his family. The motion was agreed to. FREDERICK E. WooDBRIDGE.
Mr. GRINNELL. I move that the Gentfrom Vermont [Mr. WooDBRIDGE] be excused on account of indisposition.
Mr. SCHENCK and Mr. ELDRIDGE. He is well enough. The motion of Mr. GRINNELL was not agreed No excuse offered. to EDWIN R. W. WRIGHT. No excuse offered.
Mr. SCHENCK. I now move that a warrant be issued for the arrest of such of the absentees as have not been excused, and that the Ser geant at Arms be directed to bring them to the bar of the House. The motion was agreed to.
Mr. ALLISON. I rise to a question of order. I desire to know what becomes of the gentlemen who answered to their names on the rst call of the roll, and then left the House. Are they to be included within this warrant?
The SPEAKER protempore. The Chair will inform the to that no member has left the Hall within the knowledge of the Chair except upon agreeing to return within 5 minutes, and not to leave the building.
Mr. ALLISON. I do not think the Chair quite apprehends my question. At the 1st roll call a number of members answered to their names and then left the Hall before the doors were closed.
Mr. MORRILL. And some of them went out through the windows.
Mr. CONKLING. Did any go up the chim ney? [Laughter] knowledge, as a member of this House, that certain members who answered at the 1st call of the roll have since disappeared from the Hall. Now, I move that after the warrant just ordered shall have been issued, and while we are waiting for a return upon it, there be another call of the House, and an additional war rant be issued for those who left immediately upon the 1st call of the roll. [Cries of “That is right.”]
The SPEAKER protempore. That can only be done by dispensing with the present call of the House, as there cannot be 2 calls of the House at the same time.
Mr. SCHENCK. Then I move to dispense with the present call, and that a new call of the House immediately take place.
Mr. ELIOT, I would ask of theochair this question: suppose the present warrant be issued, and before the Sergeant at Arms make a return upon it the call be dospensed with and then a new call be ordered, would not the effect of that be to bring the absentees named Mr. SCHENCK. I state from my personal in the present warrant into the House to answer to the 2nd call?
Mr. CONKLING. Those men coming in would be in time to answer to their names under the new call.
The SPEAKER protempore. The result desired to be reached can be accomplished by unanimous consent, and all members not an swering to their names on the new call, and not excused, can be included in Mr. SCHENCK. the warrant. I ask unanimous consent that that be done. No objection was made. The Clerk then proceeded to call theroll aloaln. The following members failed to answer to their names: Messrs. Alley, Ames, Anderson, Arnoll, James M. Ashley, Baldwin, Barker, Bingham, Blaine, Blow, BEran.deig.ee;, B;romwell, Bundy, Chanler, SidneyClarke, Davis, Dawes, DefreesD. emingD, en ison, $o.o.o. Garfield, GriswoldH, ale, Aaron Harding, Harris, Hart. Henderson, Hist, oines, Hooper, Asahel W. Hubbard, Edwin N. jiu ji, jos' fo. Hubbell,ingersoil, Johnson, Jones, Rasson, Kefley, Latham. George W. Lawrence, William Lawrence,?os. Loan, Marshall, Mar win, Maynard, McCullough, McKee. MoorheadP, at. terson, Phelps, Pike, Pomeroy, Radford, Raymond, John H. Rice, Ross, Rousseau, SitgreavesS, loanS, the vens, Stilwell, Stokes, Nathaniel G. Taylor, Thayer, Francis Thomas, John L. Thomas, Thornton, Robert Van fiorn. Andrew H. Ward. HamiltonWard, Elihu B. Washburne, William B. WashburnW, ent worth, James F. Wilson, Stephen F. Wilson, Win dom. Winfield, Woodbridge, and Wright.
Mr. TRIMBLE. My colleague, Mr. WARD, is confined to his room by sickness. He was excused on the 1st call. If it be necessary I withdraw my motion to make the motion again I move that he be excused. The motion was agreed to.
Mr. MOULTON. I move that warrantsissue for all the absentees except those whohave been excused.
The SPEAKER protempore. An order of that kind, including all the absentees, has already been made iy unanimous consent.
Mr. TAYLOR, of NewYork. I movethat my colleague, Mr. Jones, be excused on account of sickness. The motion was agreed to.
Mr. A. W. HuBBARD, be excused. He has been absent during the whole session on account of sickness. The motion was agreed to.
Mr. PRICE. I move that the Gentfrom Oregon [Mr. HENDERson] be excused. He is sick. The motion was agreed to.
Mr. ORTH. I move that my colleague, Mr. DuMont, be excused on account of siomo The SPEAKER protempore. The Chiri. informed that the Gentfrom Indian” [Mr. DuMont] has already been excused.
Mr. SHELLABARGER. I move that my colleague, Mr. WILLIAM Lawrence, ho cused. He is absent from the city and is sick. The motion was agreed to.
Mr. MOULTON. I move that my cologo. BRomwell, be excused. He is at home S1CR. The motion was agreed to.
Mr. BENJAMIN. I move thatmycolleague, Mr. Biow, be excused. He is detained at home by sickness in his family. The motion was agreed to.
Mr. GRINNELL. I move that tho. Gentfrom Pennsylvania, Mr. Stoo". excused. al.
The SPEAKER protempore. He ho ready been excused for the entire day. The Clerk, by direction of
The SPEAKer 5. tempore, read the names of the memo. Ot had answered on the 1st call, but who respond on the last call. They were as fo James G. Blaine, John A. Bingham, . Brandegee, Henry C. Deming, John worth, John A. Griswold, Rober. i. Ebon C.ingersoll, William D. Kelley, W. Patterson, Frederick A. Pike, William Radford, Henry J. Raymond, John H. Rice, and Charles H. Winfield. wilTlhe SPEAKER protempore, Warrants be issued for the members whose names have just been read.
Mr. VANAERNAM. I move that my colleague, Mr. Hotchkiss, be excused from further attendance at the session of tonight, on account of ill health.
Mr. ELDRIDGE. Is the gentleman really ill 7
Mr. HOTCHKISS. I have been in attendance all day, and I am unable to remain longer. I have already stayed longer than I ought to have done.
Skip skip The motion of Mr. VANAERNAM was agreed to. Mr. RANDALL, of Pennsylvania, (after a pause.) I move to reconsider the vote by which the Gentfrom NewYork [Mr. jwas excused. a The mtR agreed to. The question recurred on the motion that Mr. Hotchkiss be excused. On the motion, there were ayes 50, noes not counted. So Mr. Hotchkiss was excused.
Mr. NOELL. I move to postpone all proceedings in regard to the arraignment of the absentees until tomorrow at one o'clock.
The SPEAKER protempore. The gentleman must reduce his amendment to writing.
Mr. ELDRIDGE. Would it be in order for the Gentfrom Iowa [Mr. GRINNELL] to sing “John Brown's body lies a moldering in the grave, But his soul is marching on?”
Mr. GRINNELL. I will do it, if the Gentfrom . Wisconsin will allow me to quote a verse for him to sing.
Mr. GRINNELL. The verse I would quote would be: “And are we wretchesyet alive, And do we still rebel? 'Tis only by amazing grace That we are out of hell.”
Mr. DRIGGS. I suggest that the gentleman sing “Oh, for 1000tongues to sing !”
Mr. NOELL. I offer the following resolution: Resolved, That the arraignment before the bar of the House of all persons for being absent without leave be postponed until Wednesday, the 23d, at one o'clock p.m.
Mr. NOELL. I believe the resolution is in order. A case of this kind came up last year.
Mr. UPSON. I object; last year is played out. [Laughter]
The SPEAKER protempore. The question is on the adoption of the resolution of the Gentfrom Missouri, [Mr. NoFLL]
Mr. BROOMALL. I move to amend the resolution by striking out all after the word “Resolved” and inserting the following: That the Sergeant at Arms, be directed to bring the members now absent without leave before the bar of the House as soon hereafter as possible, and that they be then required to show causewhy they should not be declared to be in contempt of the House, and to abide the order of the House.
Skip Skip The question was put; and there were ayes 33, noes 38. So the amendment was not agreed to. The question recurred on Mr. Noelfs resolution.
Mr. BROOMALL. I offer the following amendment to the resolution: Resolved, That the Sergeant at Arms be directed to bring the membersnow absentwithout leave, who are not previously arrested, before the bar of the House at one o'clock tomorrow, Wednesday, Janu ary 23, 1867;and that they then be required to show cause why they should not be declared to be in con. of the House, and abide the orders of the house.
Mr. SCHENCK. I move to lay the resolution and amendment upon the table. I object.
Mr. NOELL. I accept the amendment of the Gentfrom Pennsylvania.
Skip Skip The question was taken on Mr. SchENck's motion; and there were ayes 39, noes 10. So the resolution was laid upon the table.
Mr. NOELL. I rise to a question of order. I desire to know whether it is in order to smoke cigars and eat old cheese during the session of the House? fo.
Mr. McKEE. I ask a division of the question.
The SPEAKER protempore. The Chair is of opinion that it is not in order.
Mr. TRIMBLE. I feel, Mr. Speaker, no good can result to ourselves or the country by continuing this session longer, and I therefore move that the House adjourn.
Mr. SCHENCK. It would not be respectful to the members we have invited here. [Laugh
Mr. BROOMALL. I submit the following resolution: Resolved. That the Sergeant at Arms, be directed to bring all the members now absent, who shall not be arrested and brought before the bar of during this day's session, before the bar of the HHoouussee at theoyne o'clock p.m., Wednesday, January 23, and then be required to show causewhy they should not be declared in contempt of the House, and they abide the order of the House.
Mr. RANDALL, of Pennsylvania. to lay the resolution upon the table.
Mr. FINCK. I make the point of order that it is the same resolution already voted OWn.
The SPEAKER protempore. The Chair overrules the point of order. It is not the same resolution.
Mr. RANDALL, of Pennsylvania. I with draw my motion.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. ELDRIDGE mtRtv the resolution was adopted; upon the table. agreed to."
Mr. O'NEILL. I hope we will take a recess till half past 3 on the 23d, as these evening sessions are so pleasant and instructive we ought to have more of them.
Mr. ELDRIDGE. I move to take a recess till 12 o'clock m.
The SPEAKER, protempore. order pending a If.; the House.
Mr. BOYER (at 25 minutes to 3 a.m.) moved that the House adjourn. The motion was disagreed to.
Mr. NOELL. I move that we direct the Sergeant at Arms to bring in the members from Arkansas, who are absent without leave of this House.
Mr. WARNER. That goes under the rule to the joint select ComReconstruction.
Mr. BERGEN. I move that my colleague, Mr. HUNTER, have leave of absence till 12 o'clock m.
Mr. STARR. I have the manuscript of a sermon delivered by our Chaplain not long ago; and I ask it be read, as I fear there were some members here who did not hear it. Objection was made.
Mr. HARDING, of Illinois. I move the following resolution: Resolved, That the Sergeant at Arms be instrugged to return the writs against absenteesunder the pod.ing call at 9 o'clock a.m. today, it being now the hour of 3 o'clock a.m., until which time this House take a recess.
The SPEAKER protempore. A motion for a recess is not in order pending the call of the House.
Mr. WASHBURN, of Indiana, (at 5 minutes past 3 o'clock a.m.,) moved that the House adjourn.
Skip Skip Mr. BENJAMIN called for tellers. Tellers were ordered. I move I demand the previous It is not in The House divided; and there were ayes 15, noes 34. So the House refused to adjourn.
Mr. WASHBURN, of Indiana. I would like to know what reason the Gentfrom Dakota has for being present tonight? Let us hear him.
Mr. SCHENCK. Let us admit him as a State. [Laughter.
Mr. BURLEIGH. I am sent here as a Delegate of a Territory, and not as a representative of a State.
Mr. BURLEIGH. It never bowed the knee to the political Baal.
Mr. BURLEIGH. My people stood by the Government in the hour of trial.
Mr. BURLEIGH. I have not the honor to represent a State, but I represent a Territory of which I am as proud as any member can be of his State. If it has not a great population, it has resources to sustain the vast population to go there hereafter. I came here to night to look after the interest A MEMBER. Of Indians?. [Laughter]
Mr. BURLEIGH. Yes, sir; I always look after their interest, and propose to do so. A MEMBER. So we understand. [Laughter]
Mr. BURLEIGH. Yes, sir; you understand it; from men who have dyed their hands in fraud and perjury.. We have the evidence on this subject, and will show it to this House and to the nation. Yes, sir, I stand here to protect the Indians of the Northwest, and not only the Indians of the Northwest, but of the eastern slope; and I will stand here as long as I can stand at all [great laughter] for the rights of humanity.
Mr. WASHBURN, of Indiana. Would it be in order to allow the gentleman to tell us how he votes on the pending measure?.
Mr. BURLEIGH. If it is in order I will state that I have always been in favor of organization, and I think
Mr. ELDRIDGE. How is the gentleman on [Laughter]
Mr. BURLEIGH. If the majority here had only organized they might have put on 2 watches, one on the larboard and the other on the starboard side one on duty while the other one rested and have fought this thing out; while the minority, being small in number could not have had enough on the watch to cali the yeas&nays.
Mr. WASHBURN, of Indiana. They cannot call them now.
Mr. GRINNELL. Talk about white people now.
Mr. BURLEIGH. if I had a vote I would vote for the country, the Constitution, and the rights of mankind. A MEMBER. Do you leave the Constitution around 7
Mr. BURLEIGH. I never “swing round the circle.” [Laughter.
Mr. HILL. I insist that the gentleman is not showing cause why he should not go out. j
Mr. BURLEIGH. All I have to say is, if my eause is not sufficient, the officers of the House may try the same means to eject me that they did on the man in the gallery..".
A MEMBER. How do you stand on the tax on whisky on hand?
Mr. HUBBARD, of Connecticut. The speech of the gentleman seems to me entirely satisfactory and I move it be accepted.
Mr. ELDRIDGE. I move to extend his time ten minutes.
The SERGEANT At ARMs. Mr. Speaker, I have the honor to report to the House that one of my messengers has returned and makes the following report: that he visited the room of JAMEs M. HuMPHREY, at the Seaton House, and was informed by Mrs. Humphrey that her husband must be in this House, or some other good place, [laughter] for he had not been home this evening.
Mr. ELDRIDGE. I rise to a question of order. Just before the warrant was issued Mr. HUMPHREY appeared here and asked if his name was in the warrant, and was assured that he was reported as being present. He is in the House now, and I do not wish any imputation cast on him for being in “some other good place.” [Laughter] The SERGEANT AT ARMs. The messenger also called at the Seaton House for THOMAs N. STILWELL and found his room vacant. He was not to be found there. The same mes senger called at the Avenue House at the room of SIDNEY T. HolMEs, and found that he was absent. He also called at the rooms of ITHA MAR C. SLoAN and of STEPHEN F. Wilson at the same hotel, and they could not be found. He also called upon FREDERick A. PIKE, who informed him that he desired a message sent to the House that he had left in consequence of being ill; that he was absolutely too unwell to return, and that he wished this excuse to be presented to the House.
Mr. TAYLOR, of NewYork, Mr. HUM PHREY is present in his seat. The SERGEANT AT ARMs. The messenger called at the room of BENJAMIN F. Loan, who reported that he had remained in the House as long as he possibly could; that he was sick in the early part of the evening, and had gone home and taken his bed, and was absolutely too sick to return to the House.
Mr. RANDALL, of Pennsylvania. I move that Mr. LoAN, in consideration of his recent great effort made here in relation to the impeachment of lo the President, be excused.
Mr. SCHENCK. Before the motion is put I would inquire whether members are aware of any epidemic prevailing just at this time. [Laughter.
Mr. LeBLOND. I am not sure but that trichina is afloat here.
Mr. SCHENCK. I notice that every one seems to be unwell. [Laughter]
Mr. LEBLOND. I. to say this in ref. erence to Mr. LoAN, that for one I am opposed to excusing him, or excusing any other member who is as well able to be here as the rest of us. It is unfair, and especially so to excuse a man who had the physical ability to move in reference to the impeachment of the President to the extent that he went, and have the amount of bile that he poured forth upon us. He is certainly physically able to be here now, and I am opposed to his being excused. He relieved himself of that quantity of bile and must therefore be in better health, today.
Mr. GRINNELL. I make the point of order that the amount of bile connected with the Gentfrom Missouri is not under consideration, and that it is out of order to refer to his bile.
Mr. SCHENCK. I rise to a question of order, as to the regularity of any motion to excuse a member whose name is in The SPEAK er's warrant and for whose arrest an order is out, until the warrant is regularly returned with the body of the prisoner, and he is called upon to make an excuse. This is a sort of pardon in advance. [Laughter]
The SPEAKER protempore. The Chair presumes that it is competent for the House to excuse a member.
Mr. RANDALL, of Pennsylvania. I with draw the motion.
Mr. SCHENCK. I move that the name of Mr. HUMPHREY be stricken from the warrant, as it was erroneously inserted. I understand that he is represented as being here.
Mr. HUM PHREY has been here all the evening.
Skip Skip The question was taken on Mr. SchENck's motion, and it was agreed to, and Mr. HUM PHREY’s name was stricken from the record. The SERGEANT At ARMs. One of my mes sengers has also visited the Washington House and the room occupied by Hon. John A. BING HAM, [laughter, and found him absent. He has not been found, and search will be made for him until he is found and presented at the bar. I make this report, Mr. Speaker, that members may know what progress we are making. I have given the returns of 4 different In essengers.
Mr. VANHORN, of NewYork. How many members have been brought here? The SERGEANT AT ARMs. This is the 1st return.
Mr. HILL. I understand that Mr. BING HAM, with certain other gentlemen, escaped from the custody of the House tonight by climbing through the window of the barber's shop, and on account of the extraordinary agility shown by a gentleman of Mr. BING HAM's age I move that his name be stricken from the warrant. The motion was not agreed to.
Mr. FINCK. I wish to inquire if the Ser eant at Arms has made his report altogether?. he got through with it? [Cries of “No, no.”] I move, then, that he make another effort to get these gentlemen into the House.
The SPEAKER protempore. That motion has been made practically. The order of the House is that he shall bring them here.
Mr. ALLISON. He must execute The SPEAKer's warrant.
Mr. FINCK. Then what was the use of his making this return?
Mr. CULLO M. He reports progress so as to satisfy the House that he is at work.
The SPEAKER protempore. The Ser geant at Arms will, of course, continue his efforts to execute the order of the House and bring in members.
The SPEAKER protempore. The gentleman can proceed only by the unanimous consent of the House. No objection was made.
Mr. BURLEIGH. I have only to remark that if the bill under consideration is just, it appears to me proper that it should pass, without keeping men out of bed at so late an hour, or so early an hour of the morning. If it is unjust, then it should be withdrawn by its author.
Mr. MILLER. I would ask the gentleman what the bill is.
Mr. BURLEIGH. I understand that the bill was reported from the ComJudiciary by the Gentfrom Massachusetts, [Mr. Boutwell, ] and that it is intended to prescribe rules for the U.S. courts. Am I right? [“Yes, ” “yes.”] I am not so oblivious as some gentlemen may suppose. [Laughter] If the bill is not just, then let it be withdrawn. Why keep all these gentlemen here from their slumbers in view of their arduous duties of tomorrow? I do not know much about parliamentary usage here, but I know if a transaction of this kind was going on in the Territory of Dakota [laughter] it would be re??". as extremely disgraceful. [Laughter] y impression is (knowing what I do of its Governor) that it would either cease before 3 o'clock in the morning or he would boot that august body out of the Capitol. [Laughter] That is all I have to say. The Sergeant at Arms appeared, and reported that in pursuance of the warrant of The SPEAKer he had arrested, and now had in custody at the bar of the House, Mr. HART, of NewYork, and Mr. SITGREAVEs, of NewJersey.
Mr. ELDRIGE. I would ask the gentleman if he is ready now to take the test oath?
Mr. HART. Yes, sir; or any otheroath that is reasonable.
Mr. ALLISON. I move that the gentleman be excused upon the payment of the usualfo Mr. TF. That proposition is very liberal. [Laughter]. The motion of Mr. Allison was agreed to.
Mr. HART. If it is in order, I move to reconsider the vote just taken, and move to lay motion on the table. [Great laughter.
The SPEAKER protempore. That is not necessary.
The SPEAKER protempore. Mr. SIT GREAves, you have been absent fromthos.sion of the House without its leave. Who excuse have you to render for your absence?
Mr. SITGREAVES. I have no excuse other than the fact that, having a previous engagement, I left the House under the supposition that it would soon adjourn.
Mr. ELDRIDGE, Almost everymembo" when brought to the bar has stated by way". excuse that he had a “previous engagem." I would like to know what is meant by the “previous engagements.” r, RANDALL, of Pennsylvania. o that the Gentfrom NewJersey [Mr.St. GREAves] be released on the payment of the usual fine. k
Mr. So I desire to inquire what would be the effo. the adoption of a motion to suspendope". under the call. Would it release tomo" sibility those members who are still i Ot The SPEAKER protempore. It wo"." t The absentees arrested could be brough!"." one o'clock tomorrow, under the resolution of the House. nt Mr. BEAMAN. Would not an adjourn” have the same effect? isel
Mr. WASHBURN, of Indiana. Do I unow stand that those members who are ". ". arrested would not be arrested if the gotion. I have suggested should be adopted
The SPEAKER protempore. A. xeCU” arrests could be made at present. The i.tion of the call yo. be suspended u" Ine ‘rr.owWaAt oSnHeBOU'CRlONC, k. of Indiana. I move, hen, if it be in order t."obo. I ask the goleman" yield to me that I may offers tohaf
The Clerk read the resolution, as follows: Reso/red, That this House has heard with intense satisfaction the Dakota, speechof the Delegate from printed and that 500,000 copies be in the English, German, and Choctaw languages Mr. WASHBURN, of Indiana. I cannot yield for that. I see that the Sergeant at Arms iIs ready to make a report. I defer the motion was about to make.
The SERGEANT AT ARMs. I have the honor to report the action of a messenger who went in search of Hon. Mr. BRANDEGEE. Mr. BRAN DEGEE was found in bed, and he assured the messenger that he had left the House on account of severe sickness, and that he was positively too unwell to come here. I desire also to report that my messenger was obstructed. At Willard's Hotel he was prevented by the clerk from visiting the rooms occupied by members. The clerk refused to communicate to the messenger the number of members' rooms or to allow him to visit them. I will read the report of the messenger
Mr. I beg leave to interrupt this report for the purpose of raising a point of order. I submit to the Chair that all these narrations of messengers are out of order. If there is anybody to be produced here under arrest, that is ation, matter; but this history this Pilgrim's Progress which is related here by way of hearsay, is, I submit, not in order. I think that wo get enough from this night session, without any more than properly belongs to it Mr. HUBBARD, of Connecticut. I believe that it is very proper for the Sergeant at Arms, in making his return to the House, to give a statement of what transpired while he was endeavoring to execute the commands of the House. The SERGEANT At ARMs.
The SPEAKer and the House will pardon me. I may be in error in the execution of my duty; but on a former occasion, when I myself was out 5 hours without making a return to the House, it was attempted to cast censure upon me, and my name was attempted to be placed upon the Journal. I have therefore made these reports to obviate such objections.
Mr. CONKLING. It is quite proper, so far as the Sergeant at Arms is concerned, that he should set himself right. I do not mean to cast any reflection upon him; but it is hardly fair that narrations should be read here which in the estimation of some gentlemen's constituents may be a reflection upon them. I submit it is not worth while, nor is it called for, that we should have these narrations read. !. SPEAKER protempore. The Chair is informed by those who have larger experience hPereresidthinatg the only parties who can address the Officer beside members are the mes sengers from the Senate and from the POTUS All others communicate in writing, even the Clerk of the House. The Sergeant at Arms is undoubtedly required to report in writing. The Sergeant at Arms reports he has now in custody at the bar Mr. FARNsworth, Mr. GARFIELD, and Mr. Stokes.
Mr. FARNswoit TH, you have been absent from the House without its leave. What excuse have you to offer?
Mr. FARNSWORTH. I think I had better take the benefit of the presumptions in my favor and stand mute.
Mr. ALLISON. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER. Mr. GARFIELD, you have been reported absent without leave. What excuse have you to offer?
Mr. GARFIELD. I left the House at half past 4 with a bad headache, which I mentioned to Mr. ALLIsox. I have been twice excused from attending this day's session, but the gallantry and pluck evinced in this fight have induced me to return, though not quite well.
The SPEAKER protempore. The gentleman has been excused, and will therefore be discharged from custody. Mr. Stokes, you have beeu absent from the House without its leave. What excuse have you to offer?
Mr. STOKES. Mr. Speaker, I had a conversation with Mr. Bottwell, of Massachusetts, just before half past 4 o'clock p.m., and he thought the House would soon adjourn without difficulty. I went to my colleague, Mr. LEFTwich, and proposed we should pair off, and we did pair off. I was not well, and Mr. LEFTwich said he would make the statement to the House during the roll call or immediately afterward. They were then calling the roll. I supposed the House would remain but a few moments longer, and I did not see an necessity for my staying. It is the 1st time ever absented myself from the House. In the 36th Congress I never missed a roll call but once during the whole time. if I had known the Opposition would have been so courageous, bold, and determined in standin out to thwart the legislation of the country would have remained in my seat.
Mr. GRINNELL. I move the gentleman be excused.
Mr. LeBLOND. On the payment of the usual fees. I am not sure whether we ought to grant that, for the gentleman has reflected upon the motives of this side of the House. I do not presume our action is revolutionary or for the purpose of obstructing legitimate legislation. It is simply to let the country know what is proposed to be done under the gag law. It is the only motive we have, and it is the right which belongs to us as members. The imputation undertaken to be sent out, I say, on behalf of the minority, is unfounded; we simply desire to have fair and equal jus tice.
Mr. STOKES. My remark was intended for the opposite side of the House, that they were endeavoring to prevent legislation so far as discussion was concerned.
The SPEAKER protempore. The gentleman must confine himself to the reasons why he should be excused.
Mr. STOKES. I have said all I want to. The amendment was agreed t;o and the motion, as amended, was adopted.
The SPEAKER protempore. The Chair will now entertain the point of order raised by the Gentfrom Ohio, [Mr. SchENck]
Mr. SCHENCK. I was inquiring of the Chair whether the effect of the resolution already passed, to bring all the delinquent members not yet oito answer at the bar of the House at one o'clock tomorrow A MEMBER. Today.
Mr. SCHENCK. No; this is a legislative day, and it is still yesterday. [ Laughter] My inquiry was whether that resolution will not stand even if we now dispense with the further proceedings under the call. I suppose that a distinctive, substantive order of that kind under parliamentary law will stand.
The SPEAKER protempore. The Chair thinks it would oS
Mr. SCHENCK. I move then that all further present proceedings under the call be dispensed with, leaving the resolution to o stand, a view to going on with the business before the House.
Skip Skip Mr. RANDALL, of Pennsylvania. mand the yeas&nays on the motion. Mr. GRINNELL. I call for tellers on ordering the yeas&nays. Tellers were ordered; and the Chair appointed Messrs. GRINNELI, and ELDRIDGE. The House divided; and the tellers reported ayes 25; noes none. So the yeas&nays were ordered. Mr. RANDALL, of Pennsylvania. I move that the House now adjourn, and on that I call the yeas and nayS.R.ORTH. I call for tellers on ordering the yeas&nays. Tellers were ordered; and the Chair appointed Messrs. ORTH and Noell. The House divided; and the tellers reported ayes 24; noes none. So the yeas&nays were ordered.
The SPEAKER protempore. The Sergeant at Arms is ready to report to the House, and in the opinion of the Chair his report is in order. The SERGEANT At ARMs. I have the honor to report that I have brought before the bar of the House Ebox C.ingERsoll, JAMEs W. PATTERSoN, and GEORGE W. ANDERson, being absent without leave. soTllh, e SPEAKER protempore.
Mr. INGERSOLL. you have been absent from the session of the House without leave. What excuse have you to offer?
Mr. INGERSOLL. I would like before proceeding to understand my status, [laughter] whether I am to be regarded as a belligerent or public enemy; and if a belligerent whether I am to be accorded belligerent rights; or whether I am an American citizen A MEMBER. Without distinction of color. [Laughter]
Mr. INGERSOLL. I do not desire to waive any of my political rights. I want to know whether this is a proceeding in rem or in personam or a criminal proceeding; and if it be a criminal proceeding, whether I am not entitled to trial by jury? I wish the Chair to decide that question.
The SPEAKER protempore. The Chair has propounded the usual question to the member, to state the reason for his absence.
Mr. INGERSOLL. I submit whether I am to be deprived of my liberty. I understand I may be fined.
The SPEAKER protempore. The Chair has no authority to make any order in reference to a fine.
Mr. INGERSOLL. If I am without defense I will challenge the whole array. [Laughter]
Mr. HIGBY. The gentleman says he does not want to waive his rights; I would like to know if anything waved when he went out of the cloak room? [Laughter]
Mr. INGERSOLL. To the best of my knowledge I saw 2 coat tails waving in the air. [Laughter] Mr. Speaker, I believe there is an old law of the DistCol which requires honest citizens to be in bed soon after 12 o'clock. In compliance with that law and my own wishes I left this House about that time, after all reasonable effort had been made, on my part, to adjourn. I thought after I had exhausted all effort to bring the oarties to an agreement with reference to this i. I could be of no further service here, and so like a good citizen I went home to bed and was sound asleep when the Sergeant at Arms aroused me.
Mr. MILLER. I move that the gentleman be excused upon paying the costs and upon the promise that he will not jump out of the window again. [Laughter]
Mr. INGERSOLL. I deny that I jumped out of the window. The motion to excuse the gentleman was agreed to.
The SPEAKER protempore.Mr. ANDERson, you have been absent from the session of this House without leave. What excuse have you to render 2
Mr. ANDERSON. I do not know that I have any very good excuse to offer. I will only say to the gentlemen who live on the west side of the Mississippi river that I am chair man of the Committee on Mileage, and they had better vote right on this question of excusing me or their mileage may be cut down. [Laughter]
Mr. BENJAMIN. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.
The SPEAKER protempore.Mr. PATTER son, you have been absent from the sessions of this House without leave. What excuse have you to render for your absence?
Mr. PATTERSON, Mr. Speaker, it was not out of any disrespect for the House that I left it, but purely out of respect to myself.
Mr. INGERSOLL. That is sound; do not say another word.
Mr. PATTERSON. 2 other gentlemen went with me, the distinguished Gentfrom Ohio, [Mr. BINGHAM, who asserted that this was a clearly unconstitutional case and that it was rather the duty of every good man in the House to absent himself; and then again the distinguished chairman of the Com: mittee for the DistCol, who said there was a rule of the levy court of this district that every honest man should be at home before 12 o'clock, especially if he is a member of Congress, and for that reason I thought it was rather incumbent on me to escort the gentleman home. [Laughter] That is the only excuse which I have to offer.
Mr. BROOMALL. I move that the Gentfrom NewHampshire be excused on the? payment of the usual fees. he motion was agreed to. The question recurred on the motion of Mr. RANDALL, of Pennsylvania, that the House do now adjourn, upon which the yeas&nays had been ordered.
Mr. FINCK. I move that when the House adjourn it adjourn to meet on Friday next.
Skip Skip Mr. ELDRIDGE. I demand the yeas&nays on that motion.Mr. WASHBURN, of Indiana. I call for tellers on the yeas&nays. Tellers were ordered; and Messrs. BRoom.ALL and FINck were appointed. The House divided; and the tellers reported 24 in the affirmative. So the yeas&nays were ordered. Mr. NOELL. I move to amend the motion of the Gentfrom Ohio, [Mr. FINck, l by striking out “Friday” and inserting “Thurs day” in lieu therof. Mr. ELDRIDGE. Upon the motion I demand the yeas&nays. Mr. WASHBURN, of Indiana. I call for tellers on the yeas&nays. Tellers were ordered; and Messrs. Noelland WASHBURN, of Indiana, were appointed. The House divided; and the tellers reported 20 in the affirmative. So the yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 25, nays 68, not voting 98;. So the amendment was disagreed to. The SPEAKER protempore. No quorum having voted, the question recurs on the motion of the Gentfrom Pennsylvania, [Mr. RANDAli] that the House do now adjourn. The question was taken; and it was decided in the negative yeas 29, nays 56, not voting 106; So the motion to adjourn was not agreed to."
The SPEAKER protempore. The question recurs upon the motion of the Gentfrom Ohio [Mr. SchENCRJ to suspend for the present further proceedings under the call. The Sergeant at Arms appeared and re . that in pursuance of the warrant of The SPEAKer he had arrested and now had in custody at the bar of the House Mr. DEFREES, of Indiana.
The SPEAKER protempore. Mr. DEFREEs, ou have been absent from the session of the house without its leave. What excuse have you to render for your absence?
Mr. DEFREES. About 15 minutes after 4 o'clock in the afternoon I inferred from indications here that the House would soon adjourn, and therefore I left. It was about the usual hour of adjournment, and I knew the House ought to adjourn about that time. I do not know that I have any other excuse.
Mr. ORTH. I move that the gentleman be excused upon the payment of the usual fees.
Mr. SCHENCR. upon that motion, I would like to know of the gentleman, if he will tell me, how he will vote if we let him off in this way. I have noticed this in regard to all the deserters here; after they have been arrested, brought here, discharged, and returned to the ranks, they go against us. That is a trait common to all deSerters.
Mr. DEFREES. When my name is called upon any question I will show how I will vote.
Mr. SCHENCK. In the hope that this case will be an exception to the rule, I will not oppose the motion of the Gentfrom Indiana, [Mr. ORTH]
Mr. DRIGGS. Is it in order to move to amend so as to require that the Gentfrom Indiana o EFREEs] shall be put in the old Capitol until 12 o'clock, so as to secure ourselves from this vote against us?
The SPEAKER f". tempore. The Chair is of opinion that such an amendment would not be in order. The motion of Mr. ORTH was then agreed to.
The SPEAKER protempore. The question recurs upon the motion to suspend for the present the proceedings under this call, upon which the yeas&nays have been ordered.
Mr. FINCR. I would inquire how many votes were reported on the last call of the roll? Before the House acts
The SPEAKER protempore. Less than a quorum.
Mr. FINCK. Then I move a call of the House.
The SPEAKER protempore. There is one call still pending; the House is now acting under a call. There cannot be 2 calls of the House at the same time.
Mr. FARNSWORTH, (at 15 minutes before 5 o'clock a.m.) Is a motion to adjourn now in order?
The SPEAKER protempore. That motion would be in order.
Mr. FARNSWORTH. Then I move that the House do now adjourn.
Skip Skip The question was taken; and upon a division, there were ayes 42, noes 53. Before the result of the vote was announced, Mr. FARNSWORTH called for tellers. Tellers were ordered. Mr. SCHENer We may as well have the yeas&nays on this question; and I therefore ask for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative–yeas 57, nays 58, not voting 76; So the House refused to adjourn.
The SPEAKER. A quorum being now present, the question recurs on the motion of the Gentfrom Missouri, [Mr. Noell, to amend the motion of the Gentfrom Ohio [Mr. FINck] by striking out “Friday” and inserting “Thursday;” on which the yeas&nays have been ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 19, nays 83, not voting 89; So the amendment was disagreed to.
Mr. INGERSOLL. I rise to a privileged question, and move that the House adjourn.
Mr. SCHENCK. I rise to a question of which takes precedence of a privileged question. There are certain members here who, by the rule, are not entitled to vote, because the fees due by them as delinquents have not been paid. I know that The SPEAKer has said there is a presumption, unless it apears to the contrary, that the fees are paid. he rule is distinct that the fees must 1st be aid before the member can vote. I will say, or instance, I have information from the Ser geant at Arms that Mr. FARNsworth has not did his fees; and I move, as a test question, is name be stricken from the roll.
Mr. FARNSWORTH. The gentleman cannot prove I have not paid them.
The SPEAKER protempore. The Chair decides that the execution of the order of the House takes precedence of all other business except a motion to adjourn.
Mr. SCHENCK. ask the Chair to look at the top of o;37 of the Manual.
The SPEAKER protempore. The motion to adjourn over is pending and must be 1st disposed of.
Mr. ELDRIDGE. All we want is one hour for debate after the morning hour.
The SPEAKER protempore. The Ser eant at Arms, reports he has
Mr. FINCK. He was excused from attendance on account of sickness.
The SPEAKER protempore. That is not the record at the Clerk's desk.
Mr. WARD, of Kentucky, you have been ab sent from the House without its leave. What excuse have you to offer?
Mr. WARD, bf Kentucky. I have been confined to my room for 2 days past, and, only looked into the House for a few minutes last night and found the House was in the highest filibustering mood. I retired on the assurance I had been excused from further attendance.
Mr. FINCK. charged. The motion was agreed to.
Mr. SCHENCK. I make a point of order: the gentleman cannot address the Chair, because I have inquired of the Sergeant at Arms and learned there has been no adjustment of fees.
The SPEAKER protempore. That cannot be received while the House is in the execution of its own order. The Sergeant at Arms has another absentee at the bar.
Mr. BROMwell, you have been absent from the House without its leave. What excuse have you to offer?
Mr. BROMWELL. I stayed here as long as I was able, suffering, as I am and have been, from an injury. I left at half past 5 and went to my lodgings, thinking the House would soon adjourn. When informed the House was still in session I returned and remained till the last car, when I went home, satisfied if I did not do so the injury might become permanent.
Mr. D, of Connecticut. the gentleman be excused. The motion was agreed to. Only on the I move the gentleman be disI move
Mr. INGERSOLL. I move that the House adjourn.
Mr. SCHENCK. I make this point: until a member pays his fees he cannot address the House or make a motion. such is the language of the rule. I go further and say the member is presumed not to have paid it till the contrary is shown.
Mr. COBB demanded the yeas&nays on the motion to adjourn.
Mr. SCHENCK. record hereafter. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative–yeas 51, nays 63, not voting 77;. So the House refused to adjourn.
Mr. FINCK. I now move that when the House adjourns it adjourn to meet on Friday next.
Mr. SCHENCK. Is not that in the nature of business, and can it take precedence of the appeal upon the question of privilege that I took?
The SPEAKER protempore. The Chair is not aware that any appeal is pending.
Mr. SCHENCK. }. certainly attempted to appeal and was recognized once, but somehow the Gentfrom Illinois [Mr. INGERsoll] got an opportunity to move to ad}iou.rn.SPEAKER protempore. The motion of the Gentfrom Ohio [Mr. FINck] is in order.
Mr. HIGBY. The Gentfrom Ohio [Mr. SchENck] certainly took an appeal from the decision of the Chair.
Mr. SCHENCK. The SPEAKer decided that my question could not be entertained pending the motion to adjourn to a day certain. From that I took an appeal, but about that time the motion to adjourn to a day certain was with drawn, and then the Gentfrom Illinois moved that the House adjourn., My question was, that the gentlemen.had not paid their fines were not entitled to make motions or to vote. I believe that motion is in order now, and I make it.
The SPEAKER protempore. The motion that when the House adjourns it adjourn to meet on Friday next takes precedence of the motion of the Gentfrom Ohio, [Mr. Schenck]
Skip Skip Mr. FINCK. I demand the yeas&nays on my motion. The yeas&nays were ordered. It may be useful as a Mr. ELDRIDGE. I move to amend by inserting Thursday instead of Friday, and on that I demand the yeas&nays. Mr. McINDOE. I call for tellers on ordering the yeas&nays. Tellers were ordered; and the Chair appointed Messrs. McINDoE and LeBLond. The House divided; and the tellers reported ayes 26, noes none. So the yeas&nays were ordered. The question being taken; it was decided in. the negative–yeas 18, nays 68, not voting 105; So the motion was disagreed to. The question recurred on the motion of Mr. FINck, that when the House adjourns it adjourn till Friday next; on which the yeas&nays had been ordered, The question being taken, it was decided in the negative yeas 11, nays 77, not voting 103; So the motion was disagreed to.
The Sergeant at Arms appeared and reported that he had, pursuant to the warrant of The SPEAKer, arrested and now had in custody that the bar of the House Mr. RAYMonD and Mr. PoMERoy.
The SPEAKER protempore. Mr. RAY Mond, you have been absent from this House during its session without its leave. What excuse have you to offer for being thus absent?
Mr. RAYMOND. None but fatigue, Mr. Speaker.
Mr. CULLOM. I move that the gentleman be excused upon the payment of the usual fees. The motion was agreed to.
The SPEAKER protempore. Mr. Pome Roy, you have been absent from this House during its session without leave. What excuse have you to Mr. POMEROY for being thus absent? I went to NewYork on necessary and important business. I returned to this city by the night train, and seeing the Capitol lighted up, I came up here to see what was to pay.
The SPEAKer will inform the gentleman that there is the sum of $250 to pay. [Laughter]
Mr. MORRIS. I move that the gentleman be excused without the payment of fees. The motion was agreed to.
Mr. SPALDING. I desire to suggest to the House that we take a recess till 12 o'clock; or rather to have an understanding that there will be no vote taken till 12 o'clock, but that gentlemen may speak until that time. Objections were made by several members.
The SPEAKER protempore. The question recurs upon the motion of the Gentfrom Ohio [Mr. SchENck] to strike from the roll the name of the Gentfrom Illinois, [Mr. FARNsworth]
The SPEAKER protempore. The question next recurs upon the motion of the Gentfrom Ohio [M. SchENck] to suspend for the present further proceedings under the call.
The SPEAKER protempore. No other business is now in order but proceedings under the call.
Skip Skip Mr. FINCK, (at ten minutes to 7 o'clock a.m.) I move that the House now adjourn. Mr. ORTH. Upon that question I call for the yeas&nays. Mr. GRINNELL. I call for tellers upon ordering the yeas&nays. Tellers were ordered; and Mr. GRINNELL and Mr. Nicholso N were appointed. The House divided; and the tellers reported that there were no votes in the affirmative and none in the negative. So tellers were not ordered. The yeas&nays were not ordered. The question recurred upon the motion to adjourn. Mr. FINCK. I call for tellers on the motion to adjourn. Tellers were ordered; and Mr. RANDALI, of Pennsylvania, and Mr. MoRR1s were appointed. The House divided; and the tellers reported that there were ayes 24, noes 65. So the motion to adjourn was not agreed to.
Mr. HUBBARD, of Connecticut. I rise to a privileged question. I. would like to be in formed by the Chair if there is any regular parliamentary mode by which a member may. escape from this. I went without my dinner yesterday and without my supper last night. Now, I would be very happy to be enabled to get my breakfast this morning; and I would like the Chair to inform me where I can find any hole through which I can lawfully escape from this Hall. I desire to be just absent long enough to get a breakfast.
The SPEAKER protempore. The gentleman can be. by a vote of the House, or the House can adopt a motion to suspend all further togeedings under the call.
Mr. HIGBY. I hope the gentleman will not be excused; I never knew him to have so sweet a voice as now, and I think it must do him good to go without eating for a time.
The SPEAKER protempore. The only business now in order is the call. the pr oceeding under
Mr. SCHENCK. Would it now be in order for me to make a proposition?
The SPEAKER protempore. by unanimous consent. No objection was made.
Mr. SCHENCK. I propose that for a little while we refuse to suspend proceedings under the call until we have obtained a sufficient number of our members here to enable those on this side of the House to relieve each other so that we may wear out the other side.
Mr. RANDALL, of Pennsylvania. You have been doing that for a longtime.
Mr. ELDRIDGE. I am only surprised at the magnanimity and generosity of the gentleman; it is
Mr. SCHmEoNreCtKh.an he ever gave before. I know it is not usual to disclose one's plans to an enemy.
Mr. ELDRIDGE. That is a most remark able thing.
Mr. NOELL. I rise to a question of privilege. If we are to remain here all day, F. It would be gest that the doors of the galleries had better be opened so that we may have some fresh air.
The SPEAKER protempore. The Door keeper will be instructed to open the doors of the House.
Mr. RANDALL, of Pennsylvania. I desire unanimous consent to say one word. [Cries of “Proceed, ” “Go ahead, ” and “Say one
The SPEAKER protempore. The Chair hears no objection.
Mr. RANDALL, of Pennsylvania. Mr. Speaker, we have remained here engaged in.Imay term an hours, only idle effort.during 16 a handful of Representatives contending against nearly 5fold their number. We have stood here for the purpose ofing demand a discussion of a bill which you of the majority have said yourselves is most important, and which we, in like manner, consider of the utmost and the gravest importance. This is no less, sir, than a bill to interfere with the practice of the SCOTUS, and for the discussion of that question so important we have asked you for but one single hour, and we feel that having asked that single hour for the discussion of so important a question we shall not only stand right in our own estimation, but that we shall stand right before the country. The people of this country in no respect and at no time sympathize with the tyrannical majority of a legislative body which seeks to trample upon the rights of the minority and prevent a }. discussion of any measure. And now, sir, after 16 hours' contest we say to you again that we are willing to end this contest and adjourn now, provided you will give us that one hour after the morning hour tomorrow. [Cries of “No, no!” from the Republican side of Well, the House] sir, it is your privilege again to refuse; it is our duty to ask.
Mr. HIGBY. That offer was made early last evening. [Criesof “No, no!” from the Democratic side of the House]
Mr. RANDALL, of Pennsylvania. No, sir, I question that statement. There was never atime during this entire contest, since 9 o'clock last evening when this side of the House was not willing to yield for one single hour's discussion.
Mr. HIGBY. Before 9 o’clock I rose in my place and made that proposition, and it was objected to. A Voice. Objected to on your own side of the House.
Mr. RANDALL, of Pennsylvania. I have no" such recollection; but if the gentleman acted in good faith last night in making that proposition, what objection can he have to renew it now? What has he to fear from a proper discussion of this bill?
Mr. BOUTWELL. I cannot speak for my friends, but if the gentleman opposite will take an hour now I shall not object.
Mr. RANDALL, of Pennsylvania. We cannot do it after nearly 24 hours labor here. We are not physical giants. We are asking nothing but is right, nothing word.” but what I think gentlemen should award to us. We have been resisting here what wo conceive to be a wrong.
Mr. COBB. I rise to a question of order. I desire to know what the questionbefore the House is?
Mr. RANDALL, of Pennsylvania. I am speaking by unanimous consent of the house.
The SPEAKER protempore. The gentle mon was allowed to proceed by unanimous consent.
Mr. SPALDING. How long doesthatcon. sent last? Can he speak for an hour?
The SPEAKER protempore. The gentle. man is entitled to one hour.
Mr. RANDALL, of Pennsylvania. Now, sir, how do we stand here?
Mr. RROOMALL. I rise to a question of order. I submit that there is no question before House upon which the gentleman can SPoeaok. FINCK. The bill is before the house,
The SPEAKER protempore. The Gentfrom Pennsylvania is proceeding by unanimous consent of the House.
Mr. RANDALL, of Pennsylvania. I rose, not for the purpose of aggravating this controversy, but rather with a view to arouse the magnanimity of the majority here. We fee that we can yet hold out much longer, and we mean to hold out; but I ask gentlemen what good will be done by the prolongation of this controversy? Let me say that the responsobility of this scene in the HoRep rests solely and entirely with the majority, who have denied to the minority one of the most reasonable requests ever made aby minority in any legislative body that in the is cussion of a question so important as this a single hour should be allowed them for discussion. We have asked for an hour.
Mr. SPALDING. I propose that we go to gentlemen on the other side from this fimo till 12 o'clock today to talk on thissubject
Mr. CONKLING. And that in the mean time the House adjourn. [Laughter.
Mr. STROUSE. Mr. Speaker, I claim the floor, my colleague, Mr. RANDALI, having yielded to me.
The SPEAKER protem the gentle. man's colleague had surrendered the floo and the gentleman can proceed only by unanim” consent.
Mr. INGERSOLL. I desire to submio proposition which f think will satisfy both wides of the House.
Mr. FARQUBAR. I object to the Gentfrom Illinois [Mr. INGERsoil) o: for the majority of this House., to o: traitor. [Laughter] Of course I mean in a Pickwickian sense. I
Mr. FiNCK. I rise to a point of order wish to know whether it is o:Ot a member on this floor to call a brother" ber a traitor.
The SPEAKER protempore. ion of the Chair it is not. kin Mr. FARQUBAR. I meant the remaf a Pickwickian sense, as a matter of.
Mr. MORRIS. I wish to make a sugg"tion. tle
The SPEAKER protempore. The genman can do so only by unanimous cons”. There was no objection. iority of Mr. Morris. Mr. Speaker, the no. this House have denied the minorityalo: A short time since the Gentfrom Pennsylvania [Mr. owho had.o, yielded it to my certain knowledge.” o league, [Mr. the Strouse.] It strikes!". latter Speaker ought to have recognized the n gentleman the rather than any gentleman on the other side. Tiso AKER proport. To man from NewYork Mr. MoRRIs].is rect mall as to the matter of fact. the ” newed In the opin' from Pennsylvania [Mr. RANDALL] whhoo". addressed the Chair had the unani" COfl o sent of the House to proceed and would have been entitled to an hour if he had chosen to occupy it, or to yield it to any other gentleman. He, however, ceased speaking, surrendered the floor, and in the mean time the Gentfrom Ohio [Mr. SPALDING} addressed the Chair and was recognized. This was some time before the Gentfrom Pennsylvania [Mr. STRouse] addressed the Chair. Hence the Gentfrom NewYork [Mr. MoRRIs] is mistaken in reference to the fact.
Mr. WHALEY. I ask unanimous consent to offer a resolution. I ask that it be read for. information.
Mr. HIGBY and Mr. SPALDING called for the regular order.
Mr. COBB. I rise to a point of order. Is all this debate supposed to be indulged in by unanimous consent?
Mr. COBB. Then I object to any further debate until there shall be some debatable question before the House.
Mr. INGERSOLL, (at halfpast 7 o'clock a.m.) I wish to submit a motion to adjourn, or rather to take a recess. Several MEMBERs. Oh, no.
Mr. INGERSOLL. I ask that I may be heard for a few moments.
The SPEAKER, protempore. Objection being made, no debate is in order; nor would a motion for a recess be in order. A motion to adjourn would be in order.
Mr. INGERSOLL. If the House would take a recess Several MEMBERs. Order!
Mr. INGERSOLL. I move that all further proceedings under the call of the House be dispensed with. The motion was not agreed to.
Mr. STROUSE, (at 25 minutes to 8 o'clock a.m.) I now move in good faith that the House adjourn. The motion was disagreed to.
Mr. SHELLABARGER. "Mr. Speaker, I have understood from the beginning of our trouble that it has not arisen from any indisposition on the part of the majority to give the minority an hour or more for the discussion of this bill, but is owing to this fact: that in giving that hour it would deprive the ComJudiciary of all the time they will have at this session to report to the House and have acted on the supremely important matters referred to that committee, and thus deprive the country of most vital legislation.
Mr. STROUSE. such, for instance, as the impeachment of the President.
Mr. SHELLABARGER. I ask whether there is any way by which it can be arranged that gentlemen on the other side shall have an hour or more for debate, which I exceedingly desire they shall have, and yet not deprive the ComJudiciary of the time allotted to it for making reports? That can be remedied Debate is
Mr. LeBLOND. by giving consent that they shall have an additional hour in which to make their reports.
Mr. SHELLABARGER. I consent to that, and think it a reasonable proposition.
Mr. BOUTWELL, I will make a suggestion to the House, and especially to gentlemen on this side. I have been as anxious as anybody to prosecute the public business, and in any part f have had in this matter I have had no purpose except to promote business under the rules of the House. We are in this difficulty. I do not say whether I am more to blame or other. but I am willing to take the responsibility for this affair, having charge of the bill from the ComJudiciary. I think, sir, it will be wise, looking to the prosecution of public business, if we shall disregard for a moment the question whether the fault lies with this or the other side for our present trouble; and I make the suggestion that we take a recess until 11 o'clock, and that from 11 to 12 o'clock be given to the other side for dobate, with the understanding that no dilatory motions are to be made.
The SPEAKER. The Chair will respond to the Gentfrom Massachusetts. By the rules of the House each committee is entitled to 2 morning hours. The ComJudiciary has already had one morning hour and is entitled to another, and this being the short session that committee will not be again reached in all probability for reports of a public nature. If the House adjourns the pending subject will come up after the reading of the Journal. By unanimous consent, the House can adopt the suggestion of the Gentfrom Massacusetts or grant an additional morning hour to the ComJudiciary.
Mr. LeBLOND. I want to meet the Gentfrom Massachusetts with the same liberality and desire to consult the public interest which he has just now shown. The gentleman will see it is now nearly 8 o'clock, and by the time we get our breakfast and return here it will be after 11 o'clock. I believe every member on this side will agree to extend to that committee an additional hour in which to make their reports.
Mr. SCHENCK. That would put back all other committees.
Mr. LeBLOND. I know some gentlemen on this side who desire to speak. I do not myself. I believe it is fair and right that they should be heard. This will obviate the whole difficulty, and when the hour expires the gentleman can have a vote on the bill, and that will end the controversy.
Mr. BOUTWELL. The difficulty is this: if the ComJudiciary be allowed another hour it will setback the other committees which are to follow that committee and are ready with their reports. If gentlemen will subject themselves to a little inconvenience this morning and come here at 11 o'clock, we can go on.
Mr. LeBLOND. We can prolong our session. For one I am willing to meet of nights, and I believe the minority is also willing in order to make up this time.
The SPEAKER. The Chair understands the proposition of the Gentfrom Massachusetts to be that the House take a recess till 11 o'clock, that from 11 to 12 be devoted to debate, and that at 12 the vote shall be taken.
Mr. FINCK. I suggest that we take a recess until half past 11 o'clock.
Mr. SCHENCK. I wish to say that it seems to me a little too late to go back now on what has been done. This bill was reported from the ComJudiciary under circumstances which have been fully explained to the House, and which are well understood. propositions were made, and there was no agreement under the lead of the ComJudiciary representing the majority on this floor. We have labored here for hours against a minority which has been, if not factious, at least very obstinate in its determination that the majority shall not have its way, until now we have advanced into another day. Is it necessary that we should now wait till 11 or half past 11 o’clock, or accept any other terms that may be dictated to us by that minority, and ought we to do it? There are in this city a sufficient number of members agreeing with us in opinion constituting a majority of this House, and who have the responsibility of its legislation, who can be brought here within the next hour or so, and I am willing to wait for them to come here and pass this bill over the heads of any such minority.
Mr. FINCK, Mr. LeBLOND, and others. You cannot do it; you will not pass this bill today.
Mr. SCHENCK. Well, I am willing to test the question who shall make terms; who shall dictate and who shall control us.
Mr. LeBLOND. When my colleague fails in parliamentary tactics to accomplish his end, what does he mean to do then?
Mr. SCHENCK. Ah, I have seen this thing before.
Mr. LeBLOND. I would like my colleague to answer this question: if he fails in parliamentary tactics to get a vote on this bill, by what means does he expect to get, that vote?
Mr. SCHENCK. It is very possible we may o able to get a vote by continuing in our places cre.
The SPEAKER. The Chair understands that the call for the regular order of business interrupts this debate, and the Chair will again put the proposition of the Gentfrom Massachusetts [Mr. Boutwell] to the House.
Mr. COBB. I ask the Gentfrom Ohio to." to me a moment.
Mr. SPALDING. I object to any further discussion.
The SPEAKER. The Gentfrom massachusetts proposes that the House now take a recess till 11 o'clock a.m., and that from 11 o'clock till 12 be devoted to debate upon this bill. position?
Mr. DAWSON. I think the proposition made by the Gentfrom Massachusetts is a reasonable one and should be accepted, and I trust there will be no objection to it on this side of the House; I renew his proposition.
The SPEAKER. The Gentfrom Pennsylvania [Mr. DAwson] renews the proposition of the Gentfrom Massachusetts. H. there objection to it?. The Chair hears no objection, and the House now takes a recess until 11 o'clock. Accordingly (at aquarter before 8 o'clock a.m.) the House took a recess till 11 o'clock 8. Hl. I demand the regular Is there objection to the propAFTER THE RECESS. The House reassembled at 11 o'clock a In.
The SPEAKER. By an order of the House, adopted by unanimous consent before the recess, one hour is now to be devoted to debate upon the pending bill (H.R.No. 239) to prescribe an oath for public officers and members of the bar, and for other purposes.
Mr. WILSON, of Iowa. I desire to say to the gentleman that Judge Davis is one of the minority of the court in the Garland case.
Mr. ROGERS. I referred to the judge who delivered the opinion, Judge Field. He was an appointee of President Lincoln, and never was a resident or citizen of any rebel State. He has been always a loyal and true man. There can be no charge against him of conniving with the rebels for the purpose of giving them an opportunity to destroy his country. There is more danger of the destruction of this Government by such a movement as is going on here than there was at any time during the hottest contest we had during the rebellion. Do gentlemen recollect how the liberties of Rome and Greece were destroyed? Do they recollect how the liberties of many other countries for the last 5 or 600 years were destroyed and overthrown? It was done by just such wild and revolutionary movements as are going on here. If we will only stand by and adhere to the system upon which our Government is founded our country will again become the 1st among the nations of the earth, and then the flag which now is spread above The SPEAKer's chair will wave in triumph over this degenerate race from one end of the country to the other, and we will become the wonder of the civilized world. The grandeur, greatness, and glory of this country will never again be established until we come back to the principles established by our fathers. I now yield to the Gentfrom Indiana, [Mr. NIBLAck]
Mr. KERR. I ask leave to print some remarks upon this bill, but which I will not take up the time of the House by making now. No objection was made, and leave was accordingly granted. [His remarks will appear in the Appendix]
Mr. BOUTWELL. I ask the Gentfrom Pennsylvania to yield to me to move that the House adjourn, so as to have another legislative day.
Mr. BOYER. I yield for that purpose. The motion was agreed to. And thereupon (at 11 o'clock and 50 8 minutes a.m.)
@@@IN SENATE SENATE. WEDNESDAY, January 23, 1867. 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 a report of the SecyTreasury, communicating, in compliance with a resolution of the Senate of the 4th of Decem ber, 1866, the report of the SecyWar in relation to the amount of money paid, or ordered to be paid, since the 18th day of May last, to the several newspapers published in the DistCol for advertising notices and proposals for the War Dept; which, on motion of Mr. Conness, was ordered to lie upon the table, and be printed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSoN, its Clerk, announced that the House had passed a bill (H.R.No. 239) to prescribe a rule concerning members of the bar, and for other purposes, in which it requested the concurrence of the Senate. ENIt OLLED IBILL, SIGNED. The message further announced that The SPEAKer of the House had signed the enrolled JtResolution (H.R.No. 227,) authorizing the SecyWar to transfer certain property to the National Asylum for Disabled Volunteers; and it was thereupon signed by the President protempore of the Senate. REPORTS OF COMMITTEES.
Mr. TRUMBULL, from the ComJudiciary, to whom was referred a bill (H.R.No. 356) fixing the compensation of bailiffs and criers of courts in the DistCol, asked to be discharged from its further consideration, and that it be referred to the ComDistCol; which was agreed to.
Mr. HARRIS, from the ComJudiciary, to whom was referred a bill (S.No.460) in relation to persons imprisoned under sentence for offenses against the laws of the U.S., reported it with an amendment.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (H.R.No. 710) to pay and discharge certain debts and expenditures of the corporation of the city of Washington, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. JOHNSON. I am instructed by the ComJudiciary, to whom was referred the bill (S.No.474) to authorize and require amendments and to cure defects in proceedings in the courts of the U.S., to report it back, and to say that the law as it stands gives all the authority which the bill proposes, and the committee therefore recommend its rejection. I ask for its present consideration.
The PRESIDENT protempore. Is there any objection to the present consideration of the bill?
Mr. JOHNSON. I have no objection to allowing an opportunity for that purpose; but perhaps the Senator did not hear me when I stated that the committee recommended the rejection of the bill.
Mr. WILLIAMS. Then I have nothing to say. I supposed it was proposed to be put on its passage.
Mr. WILLIAMS. Then I withdraw any objections to its present consideration.
The PRESIDENT protempore. Does the Senfrom Maryland move that the consideration of the bill be postponed indefinitely 2
Mr. JOHNSON. do The motion was agreed to. WASHINGTON COUNTY HORSE RAILROAD.
Mr. MORRILL. The ComDistCol, to whom was referred the bill (S.No.380) to incorporate the Washington County Horse Railroad Company in the DistCol, which came from the House with certain amendments, have instructed me to make the following report: that the Senate concur in the 2nd and 3rd amendments of the House, and concur in the 1st and 4th amendments, with amendments. I should like to examine I ask for the present consideration of the subject. There being no objection the Senate proceeded to consider the amendments of the HoRep to the bill. The 1st amendment of the HoRep was on page 4, at the end of line 20 4, to insert the words “shall call a meeting.” The ComDistCol proposed to amend the amendment by striking out the word “shall.” The amendment to The amendment was agreed to. The amendment, as amended, was concurred 1Il.
“The Clerk read” The next amendment of the House was on page 5, line7, to strike out the word “directed” and to insert the word “directors.” The amendment was concurred in. The next amendment of the House was on page 6, line two, to strike out the words “when requested” and to insert in lieu thereof the word “annually.” The amendment was concurred in. The next House amendment was to add the following as a new section to the bill: SEC. 19. Abife:, That the levy court of the county of Washington are hereby prohibited from doing any act or thing to hinder, delay, or obstruct the construction or operation of said railroad as herein authorized. The ComDistCol reported an amendment to the amendment, adding to it the following: Put Congress may at any time alter, amend, or repeal this act. The amendment to The amendment was agreed to. The amendment, as amended, was concurred lm. DEBTORS IN THE DISTRICT.
Mr. MORRILL. The same committee, to whom were referred the amendments of the HoRep to the bill (S.No.218) exempting certain property of debtors in the DistCol from levy, attachment, or sale on execution, have instructed me to report them back with a recommendation that the Senate concur in the 1st and 3rd amendments of the House, and non-concur in the 2nd amendment insk for their present consideration. There being no objection, the Senate proceeded to consider the amendments of the HoRep to the bill. The 1st amendment was after the word “library” in line 24 to insert “not exceeding in value $400.’ The amendment was concurred in. The 2nd amendment was to add to the bill the following proviso: Provided, however, That this act shall not in any manner interfere in the collection of debt or in the enforcement of any contract made prior to the passage of this act, and shall apply to cases founded upon contract only. The officer charged with the execution of any writ of attachment or execution shall ascertain the value and amount of provisions to be allowed to any family under this act by summoning 3 householders of the District, who shall be 1st duly sworn by such officer faithfully to perform their duty, and proceed to set apart the provisions necessary, for the debtor's family, according to this act, if such provisions be found on the premises or in possession of the debtor; and if not, they shall make out and return to such officer the value of such provisions, and the same shall be allowed in any property of the debtor. The amendment was non-concurred in. The 3rd amendment of the House was to strike out the word “the “ where it 1st occurs in the title and insert “certain.” The amendment was concurred in. MISSOURI STATE MILITIA.
Mr. HENDERSON submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComMilAffrs be instructed to inquire if under the present legislation of Congress the ten regiments of I U.S. troops, known as Missouri State militia, who wereorganized in : during said Stateand served for 3 the late war, are entitled to ounty, and receive if not, that said committee inquire into the expediency of so amending the bounty laws as to enable then to receive the same. the BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.525) supplementary to an act to prevent smuggling, and for other purposes, approved July 18, 1866; which was read twice by its title, and referred to the ComCommerce.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.520) to extend the time of letters patent issued to Daniel Woodbury; which was read twice by its title, and referred to the ComPatents and the Patent Office.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.527) to amend the postal laws, and for other purposes; which was read twice by its title, and refered to the ComPostOffices.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.528) to prevent abuses of the franking privilege; which was read twice by its title and referred to the ComPostOffices.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No. incorporate the Howard University in DistCol; which was read twice by its title, referred to the ComDistCol, and ordered to be printed.
Mr. NORTON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.530) amendatory of the homestead law, and for other purposes; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. HEIRS OF JOHN E. BOULIGN.Y.
Mr. HARRIS. I move to take up for consideration Senate bill No. 438. The motion was agreed t;o and the bill (S.No.438) for the relief of the heirs of John E. Bouligny was read a 2nd time and considered as in ComWhole. It proposes to confirm to Mary Elizabeth Bouligny, Corinne Bouligny, and Felice Bouligny, the widow and children of John E. Bouligny, deceased, the one 6th part of the land claim of Jean Antoine Bernard d'Autrive, in the State of Louisiana, the one 6th part amounting to 75, 840 acres. Inasmuch as the lands embraced in the claim have been already appropriated by the U.S. to other purposes, certificates of new location, in 80 acre lots, are to be issued to Mary Elizabeth Bouligny, for her own benefit and that of her mine r children, to be located at any land office in the U.S., upon any public lands subject to private entry at, a price not exceeding $1 25 per acre.
Mr. WILLIAMS. I do not understand from the statement of the honorable Senator how the claimants in this case became entitled to this land. In what way were they related to the family that occupied the land and aban doned it?
Mr. HARRIS. Mr. Bouligny was one of the descendants of d’Autrive, to whom the land was confirmed by the Spanish governor, and was entitled as heir at law of d'Autrive to one 6th of the claim. The bill was reported to the Senate without amendment.
Mr. BUCKALEW. I move to postpone the further consideration of the bill for the present.
Mr. HARRIS. I hope the bill will not be postponed. The Senate is as ready to act upon it perhaps as ever it will be. All that can be said against the claim, all that is said by the Senfrom Pennsylvania is, that it is an old claim. It has been examined very often and by different tribunals, by committees of this House, by committees of the HoRep, by the district court of Louisiana, by the receiver of the land office, and they have always, whenever it has been examined, reported favorably upon it. There has never been an adverse report, never been a word against the claim; and all that can be said against it now is that it is a large claim, and that it has been of long standing. I hope the Senate will act upon it.
Mr. BROWN. I have had my attention called to this case for the 1st time this morning by the statement of the chairman of the committee that has reported it. It is certainly a case of a great deal of magnitude and involving a great many questions that I am not prepared to pass upon at this moment. I think it would be better if it should be accompanied by some printed statement of the facts and of the evidence laid on our table, so that we may have some opportunity of examining it, and at least have an opportunity of reading and pon dering more carefully the statements which have been made in connection with it. I have no doubt but what the chairman of the committee is fully satisfied in his own mind of the propriety of this claim and the propriety of this action; but it is a matter which each of us I think ought to have some reasonable opportunity of satisfying ourselves about. I therefore hope that the motion which is made by the Senfrom Pennsylvania, that this case be laid over or postponed until we have some report of that sort laid before us, may prevail.
Mr. CONNESS. It is just in this way that this claim has been postponed so long. If it be not passed upon until every member of congress shall fully understand it and go through the volumine us examinations that have hereto fore been made, it will never be passed upon at all. It will be remembered, Mr. President, that there is a constant tendency with our Government to postpone and procrastinate the determination of land titles, particularly titles that originated in former foreign territories before our Government came in possession of them. For instance, 20 and more years have already passed since the U.S. acquired the Territory, now the State, of California, from Mexico. The titles of American citizens to lands in that Territory could have been settled in 2 years after the U.S. obtained possession, justly to the Government and justly to the claimants; but 20 years of time have passed and those cases are far from being settled, and in the mean time many of the claimants have been reduced to utter beggary by the procrastination and the difficulties and the embarrassments placed in the way of their obtaining the most simple justice oy the Government of the U.S. Now, sir, what examination can we make of a case like this but to commit it to our most careful committees and receive their reports in the premises? I confess that I am indisposed to further delay the case, and I hope the Senate will vote upon it.
Mr. SAULSBURY. I recollect that this claim was thoroughly considered by Mr. Crit tenden, of Kentucky, while he was a member of this body, and that he took great interest in it, and approved it and desired its passage: and from what I have learned of the claim have no doubt that it is just and proper. I shall therefore vote against any postponement, and in favor of the passage of the bill.
Mr. BROWN. suggest to the Senfrom Pennsylvania whether it would not be a more proper motion to move that this bill be recommitted, with instructions to the committee to make a written report setting forth the facts in the case.
Mr. BUCKALEW. If the Senator desires to submit that motion I will withdraw mine.
The PRESIDENT protempore. Does the Senfrom Pennsylvania withdraw his motion?:
Mr. BROWN. I move then to recommit the bill with instructions to that effect.
Mr. STEWART. I hope that motion will not prevail. The Senfrom NewYork has said that he has made a very thorough investigation of the claim. I believe from what I know in such cases that these dilatory motions have produced the very results complained of here, that is, the presentation of old claims. After a Senator has taken great pains to in vestigate a subject of this kind, which requires lengthy investigation, and there have been several reports upon Iit, think it should be acted upon.
Mr. SDRICRs. I think I know enough of this class of claims to justify me in express ng the opinion that Senators individually will never be able to investigate this particular case. I suppose there is no Senator who would not be willing to leave the adjudication in regard to a piece of land to the distinguished chairman of the ComPrivLandClms, who came to this body from the supreme court of his own State; and I need not refer to the other gentlemen of the committee, gentlemen eminent in the profession. Their adjudication, so far as we are concerned, I think is entitled to almost the weight of a judicial determination of the question. I cannot undertake to examine this case. I know very well that we ought to examine such cases; at least that they ought to be examined in the Senate with care. I think I was satisfied of the improper decision of one or 2 cases while P was connected with the land office; but I do not believe that the fact that a claim has been postponed by the Government from time to time is a sufficient reason to defeat it.
Mr. HARRIS. I hope the motion to recommit will not prevail. There have been 4 or 5 elaborate reports on this claim, all in favor of it, and if it were recommitted with instructions it would be only to repeat in a new report what has been said half a dozen times in others.
Mr. HARRIS. Those reports are on the files.
The PRESIDENT protempore. The question is on the motion to recommit the bill to the ComPrivLandClms, with instructions to make a written report of the facts involved in the case. The motion was not agreed to. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. WILSON. I ask for the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Mr. BUCKALEW. I have done my duty in calling the attention of the Senate to this subject. I cannot vote for this bill, at least until have time and opportunity to read some report on the subject. The idea of voting $500,000, or voting a bill which will involve in connection with other bills an appropriation of $500,000 out of the Treasury upon the ver bal statement of a single member of this body that he has examined it and is satisfied with it is a mode of doing business which I cannot sanction by my vote. rThee queostion being taken by yeas&nays 30, nays 10; 12. So the bill was passed. HOUSE BILL REFERRED. The bill (H.R.No. 239) to prescribe a rule. concerning members of the bar, and for other purposes, was read twice by its title, and reerred to the ComJudiciary.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the House had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 253) to punish for the removal of dead bodies from the grave or other place of interment in the DistCol; A bill (H.R.No. 668) to limit the time for bringing suits before the Court of Claims; A bill (H.R.No. 901) to regulate the selection of juries for the several courts of the DistCol; and A bill (H.R.No. 1038) providing for an additional term of the circuit court of the U.S. in the eastern district of Arkansas, and for other purposes. THE TARIFF BILL.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is the bill (H.R.No. 718 to provide increased revenue for imports, an for other purposes, which is now before the Senate as in ComWhole, and the Senfrom RhdIsland [Mr. SPRAGUE] is entitled to the floor.
Mr. SPRAGUE. I do not intend to delay the action of the Senate on the amendments which I yesterday indicated my purpose to propose, but simply to say that I have given to the flax interest my most earnest and anxious consideration; I have spent days and nights in endeavoring to bring the provisions affecting it into such form. shape as would conform with the duties placed on other great interests by the bill. As to the proposition suggested by me yesterday in relation to exempting the raw material from duty, I will say that the consideration of it is simply a question of time. My own judgment is. today is the time when the tax should be withdrawn, and here after, when the manufacturing interest has been fully developed, the flax interest as well as the wool interest and the iron interest may come up and demand that their product shall receive the consideration of the Senate and of the country. I appreciate the position that is taken in the West and in the Northwest in favor of protecting these great interests. I believe they are as much entitled to protection, whether in the shape of a raw material or a manufactured product, as any articles that have received value from the best appliances of machinery. I am no advocate for receiving protection for one branch of American industry without conceding it to all; and I shall not at this time ask the Senate to with draw the duty proposed by the ComFinance to be imposed on the unmanufactured flax. I now send to the Chair the amendments which I propose to the 6th section of. the bill as reported by the ComFinance.
The PRESIDENT protempore. The amendments proposed by the Senfrom RhdIsland to the amendment reported by the ComFinance will be read in their order.
The Secretary read the 1st amendment of Mr. SPRAGUE, which was to strike out of section 6 of the amendment of the Finance Commit.tee lines 17, 18, 19, 20, 21, 22, 23, and 24, and in lieu of them to insert: On burlap, canvas paddings, duck, cot bottoms, 4 cents per square }.} and, in addition thereto, 35%. advalorem. On all brown and bleached linens, damask table linens, damask brown hollands, Spanish linens, blay linens, coatings, drills, diapers, crash, huckabacks, handkerchiefs, lawns, or other manufactures of flax, hemp, or jute, or of which flax, hemp, or jute is component the material of chief value, valued at 30 cents or yard, andle, ss per squareo: 5 cents per square in addition thereto, 35%. advalorem, valued at over 30 centsand not over 60 cents per square yard, ten cents per square yard, and, in addition thereto, 35%. advalorem, valued at over 60 cents and not over one dollar per square yard, 15 cents per square yard, and, in addition thereto, 35%. talorem; valued at over one dollar per square . 20 cents per square yard, and, in hereto, 35%. advalorem. addition
Mr. FESSENDEN. Allow me to say to my friend that these figures are taken from the estimates made by the wool men themselves.
Mr. SHERMAN. I think Mr. Wells has fallen into a mistake.
Mr. FESSENDEN. I have read the orig inal report. That does not make it quite so much; he makes it more than they do.
Mr. FESSENDEN. That is a typograph ical error; it should be 1863.
Mr. CATTELL. The Senator misstates me when he says that I stated $305,000,000 to be the amount of foreign goods imported last year. That was the amount imported into the port of NewYork alone at the gold value, and I showed by a calculation further on that when you add to that amount the usual quantity imported at other ports, as shown by the averages of other years, and when you then add to that the estimate which the SecyTreasury himself makes, that there is a loss of 20%. by undervaluations and smug gling; and then when you reduce this result to our currency value, the aggregate reaches between6 and 700 million dollars of importations, instead of 300 millions, which is a very different figure. And I sug. gest here again, as I did yesterday, that no careful observer of the financial affairs of our country will admit that we can afford to continue to import even at currency value the enormous amount of 6 or 700 million dollars of foreign goods..
Mr. SHERMAN. I certainly did not wish to do my friend injustice, but I quoted the gold value of the productions of this country as given by him at $6, 700,000,000, and consequently I had a right to give the amount of importations at the gold value also. If you reduce both to the currency value the effect will be the same. I have before me a table of the importations, including specie and articles admitted free of duty, amounting to $437,000,000. It is in Mr. Wells' report. From that ought to be deducted articles admitted free of duty and bullion sent backward and forward to pay the balances on importations, probably about 350 millions.
Mr. CATTELL. I beg to say in reply that the statement which I made was for the calen dar year 1806, and not for the fiscal year; and that it was based upon statements received from the NewYork customhouse for the cal endar year 1866. The enormous increase of importations was in the last half of the calen dar year 1866. The figures stated by the Senfrom Ohio are true in regard to the fiscal year ending June 30, 1866; but the calculations I made were based upon figures I obtained of the importations in the calendar year 1866, ending on the last day of December. The importations were very largely increased during the latter part of the calendar year for reasons which I gave in the course of my remarks yesterday. The apprehension or the supposition that the Senate would probably pass. House bill, or something in the shape of it, stimulated importation to a very large amount, and consequently the sum total of importations for the calendar year 1866 is very much greater than for the fiscal year ending June 30, 1866, which included only 6 months of 1866, and 6 months of 1865.
Mr. FESSENDEN. Mr. President, the amendment pending has reference entirely to the section of the bill which relates to linens. The honorable Senfrom RhdIsland has moved a very essential change in that particular section section 6. I have no intention to make a general speech upon the bill; what Imay say will be confined to details as we go along; but I am very glad that the general principles opol, to E. the whole subject have so ably laid down by my colleagues on the ComFinance, the Senfrom NewJersey [Mr. CATTELL] and the Senfrom Ohio, [Mr. SHERMAN] With regard to this particular amendment I wish to say that it varies very essentially from the provisions of the House bill on the same subject. The Senfrom RhdIsland, to accomplish what he desired in reference to the protection of the linen manufacture, was at 1st disposed to strike out entirely the duty laid on what I must continue to call the raw material (though a product of labor) out of which linen is manufactured. I understand him, however, to have withdrawn that or not to insist upon it. It is very obvious that he is right in the latter conclusion, because if it is important to encourage the linen manufacture in this country it is also important to encour age the growth and preparation of the article from which linen is made. Up to this time, as I understand, we have in this country no growth of flax to any extent that is used or could be used as it has been operated in the manufacture of linens.
Mr. SHERMAN. Allow me to state to the Senator that the ordinary flax produced in this country is precisely like the flax made in Ire land, except that the fiber is allowed to ripen to secure the seed.
Mr. FESSENDEN. That is exactly what I was about to say. The flax is grown in this country merely for the production of seed, and is therefore permitted to ripen, and it becomes unfit in that process for use in the manufacture of linen. he farmers in this country have found their profit in raising flax for seed, thus permitting it to become a coarse and rough iber. It grows until it becomes ripe, and of course is unfit for manufacture. We have been obliged, for the purpose of the linen manufac. ture, so far to import flax which has not gone to that degree of ripeness, not advanced to that period when it is no longer fit for the uses to which this section particularly refers.
Mr. SPRAGUE. Permit me to interrupt the Senator. I desire to state that there are 2 stalks produced by the flax seed, one upon which the seed grows, and one upon which it does not; and the custom in countries where they cultivate it for the fiber is to pull that stalk on which there is no seed before they that upon which there is seed.
The PRESIDING OFFICER, (Mr. ANThoxy in the chair.) The question is on the amendment of the Senfrom RhdIsland [Mr. SPRAGUE] to the amendment of the ComFinance.
Mr. SPRAGUE called for the yeas&nays, and they were ordered; and being taken, resulted yeas 13, nays 19;. rejeoctethde. amendment to the amendment was MrT.heSPSReAcGrUetEa, ry read the next amendment of which was to strike out lines 33, 34, 35, 36, 37, and 38 of section 6 of the amendment of the ComFinance, and in lieu of them to insert: On jute, flax, hemp, coir, or cocoa nut matting and carpeting, 6 and a half cents per square yard, and, in addition thereto, 35%. adtalorem. On matsand on matting, not otherwisespecified, of the same or other exclusively vegetable materials, tshixeraentod, athhiratlyf cfievnetsppeerr square yard, and, in addition cent. al valoren.
Mr. FESSENDEN. I will simply remark that all the duties in this section have been framed with reference to each other, and unless we are going to adopt all the amendments of the Senator it is not worth while to adopt any of them. This jute and cocoa nut matting is a very coarse article and comes in competition with nothing produced in this country. We do not raise any jute here. We have put the duty very low on the original article, and these are predicated somewhat on that. I hope the Senate will not, unless they see very good reason for it, change the duty which we reported. have It is as much as the article will bear. The amendment to the amendment was rejected.
The Secretary read the next amendment of Mr. SPRAGUE, which was to strike out from line 41 to line 51 of section 6 and insert: On threads, patent threads, saddlers' threads, shoe threads, gill net thread or gill net twine, pack thread, and sewing machine thread, and all other threads twines, and yarns, single and when advanced beyon single, made of flax, hemp, or jute, or the tow of flax, hemp, or jute, valued at 30 cents or lessper pound, 5 cents per pound, and, in addition thereto, 30 5%. adcaloren; valued at over 30 cents and not over 60 cents, ten centsper pound, and, in addition thereto, 35%. advalorem, valued at over 60 centsand not over one dollar per pound, 15 gents per pound, and, in thereto, 35 per addition cent. adraforem, valued at over one dollar per pound, 20 cents per pound, and 35% all valorom.
Mr. CHANDLER. I see no reason why the product of linen should not receive the same protection that the product of cotton does. There is no country on earth where flax can be raised so cheaply and so abun dantly as this country. It is grown now to a very considerable extent for the seed alone, and the fiber is thrown away, while we are importing millions of that same fiber which is thrown away, at an enormous expense to the nation and very little benefit to the Treasury. The cotton product has been protected untilwe can now successfully compete in some depts with foreign productions; though in the finer classes of goods we cannot yet compete with the foreign product; but from flax we produce nothing. I believe there is no successful manufactory of flax now in operation in the U.S. I think the argument of the Senfrom RhdIsland is conclusive that the product of flax should receive the same protection that the product of cotton does. There is not a State in the Union that cannot produce any quantity of tons of the raw mate riaf of flax, and aside from the difference in the value of labor we can manufacture it as cheaply in this country as anywhere else. But with the enormous prices we have now to pay and I thank God we are enabled too prices to our laborers we cannot compete with the foreign production. Now, the question is, whether, we shall smother this infant enterprise or whether we shall grant it the same generous protection we grant to other branches of manufactures., I really hope that the Sonate will review its judgment in this matter, and vote with the Senfrom RhdIsland to give the same protection to flax manufactures that is given to cotton manufactures in this bill. I shall therefore vote for this amendment; and I hope the senate will reconsider the vote by which they rejected the previous one.
Mr. SPRAGUE. I desire to say that cot ton thread of the corresponding class has a duty of 40 cents and 30%. adra. lorem, and silk thread 60%. advalorem by the provision of the bill.
Mr. . I have no doubt that we have capacity enough to raise flax, and I have no doubt that even the Senfrom RhdIsland does not desire any change in the duty on flax itself; but with regard to this point if the Senate are disposed to throw away the evidence that has been received on the subject and the statement of the large majority of the manufacturers themselves as to what would be satisfactory to them, on the mere statement of the opinion of the honorable Senfrom Michigan, they can do so. I can only say that the matter was so very thoroughly examined, 1st by the Commissioner on testimony, and then by the committee, that they made up their minds definitely; and I do not know what is the use of committees at all in reference to these matters if their judgment on the evidence they take is to go for nothing. If the Senate choose to adopt this amendment they had better revise the whole of section 6 and impose large additional duties, which the majority of the manufacturers say are not necessary, and which will undoubtedly, as we are informed, prohibit the importation altogether and cut us off from all revenue from this Source.
Mr. JOHNSON. Will the Senator tell me what the revenue now is from linens?
Mr. FESSENDEN. The extent to which this amendment goes is to make a new classification, so as to place the duties we imposed on fine thread apply to thread of a coarser fabric.
Mr. JOHNSON. My question is, what is the present revenue from these articles?
Mr. FESSENDEN. That is more than I can tell you.
Mr. FESSENDEN, I cannot now say. I hope the Senate will not change the duties as they are fixed in this section.
Mr. CHANDLER. I desire to ask the Senfrom Maine if the manufacturers of flax are satisfied with the rates imposed in this section.
Mr. FESSENDEN. I state from the Commissioner that he had the manufacturers of flax before him in large numbers, and that a large majority of them said these duties were satisfactory.
Mr. CHANDLER. In the 1st place we have no fine manufactories of flax in the country.
Mr. FESSENDEN. Those who were in tending to manufacture those interested in the subject matter.
Mr. CHANDLER. The Commissioner may have fallen in with some who professed to be satisfied, but my judgment is that the men with whom he conversed were importers and did not intend to manufacture.
Mr. FESSENDEN. The Senator's judgment is undoubtedly better than the opinions of all these gentlemen.
Mr. CHANDLER. My judgment is based upon actual knowledge that we produce immense quantities of the raw fiber of flax: we raise it for seed and export the seed in bulk and in seed cake, and throw away the fiber because we do not furnish a sufficient protection to our own manufacturers to induce them to work it up, and they allow it to rot. Inasmuch as there are no manufacturers of the finer fibers of flax in this country and very few of the coarser, I must say that I doubt whether the orionerhas consulted the manufacturers ax.
Mr. WILLIAMS. I do not think that the argument offered in favor of this proposed amendment, derived from that part of the tariff imposing duties upon articles manufactured of cotton, is a very sound or logical one. We have been urged to impose a high tariff upon manufactured articles to protect the }. in the business and to furnish employment for laborers. Now, there is a vast amount of capital, as I understand, engaged in manufacturing cotton in the U.S., and a very large number of people are employed in that business, and when you impose a tariff upon fabrics manufactured of cotton you protect that capital and you protect that labor. But it is acknowledged by those who advocate this amendment that there is very little capital engaged in this business at this time, and very few persons employed, and the object of the amendment is to impose this high duty upon the consumers before the country can satisfy the demand. Under these circumstances it seems to me that a reasonable tariff and the one that has been reported by the committee is regarded as reasonable one sufficient to enable this business to start, is all that should be asked. To impose a tariff now as though the business in the country could supply the demands of the country, it seems to me, would be imposing a burden upon the consumers which they ought not to bear. The articles upon which it is proposed to increase this tariff are articles that are used in the manufacture of our shoes, articles that are needed for universal consumption, articles that are needed by all sorts of people. While I am in favor of a reasonable protection to all kinds of manufacturing in the U.S., I contend that we ought not to lose sight of the vast mass of people who consume these articles.
Mr. CHANDLER. The Senator states truly that there is but a very small amount, if any, of capital invested in the manufactures of flax in this country; but, sir, if we ever intend to have capital invested in those manufactures, we must protect them in their infancy. After you have a large amount of skilled labor and a vast amount of capital invested in any given manufacture, they are more able to compete with foreign capital and foreign skilled labor than the infant manufactures are. The imports of flax now amount to a great many million dollars. It is perhaps next to cotton in the amount that we import, and we import the whole, and permit the raw material, more than enough to manufacture all that we consume, to rot because we will not protect the infancy of our manufactures in flax. That is the true state of the case. This is perhaps a sufficient duty for our revenue; it may be all that we require for that purpose; but it is not a protection to the manufacture of flax in its infancy.
Mr. CONNESS. The Senfrom No. igan is very much in error on the point that he has twice presented, or else I am, as I have Some folo from individual experience in this matter of flax. He has said that the flax is permitted to rot in America.
Mr. CONNESS. The fiber, for want of protection. Not so, Mr. President. It is only it to rot because it is used for the purpose of obtaining seed from it. The fiber is worth nothing for the purposes of the manufacture of linen after it has ripened its seed. Flax for linen manufacture is always pulled in the green state, then rotted, then dried, then broke, and than'hackiej and o.to be made thread of; but when it is allowed to ripen for the purpose of obtaining a crop of seed it is of no value for the purpose of making linen. In proof of that I have but to state that Ireland, the great place for the manufacture of linen, where they excel in that manufacture, does not row its own seed. They are large producers of ax, but they do not grow their own seed. They pull their crop before it ripens or produces seed; and in America the seed is raised for the Irish flax seed, and has been for 50 years, and exported. I shall not discuss the question as to whether it would not be more profitable or economical for both countries to reverse their practice, namely: for the Irish, who manufacture linen so extensively and excellently, to raise their own seed and not import it from America, and for America to raise its own flax and make its own linen and not import linens already made from Ireland. That is an eco nomic question that I do not propose to enter into the discussion of But what I state in regard to the point made so palpably by the honorable Senator I am quite aware is true; so that I apprehend his argument scarcely applies to the case.
Mr. CHANDLER. It is perfectly immate: rial. It shows that this country is capable of producing flax to any extent.
Mr. CHANDLER. It does not change the argument at all.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom RhdIsland [Mr. SPRAGUE] to the amendment of the committee. The amendment to the amendment was rejected. The next amendment proposed by Mr. SPRAGUE was in section 6, to strike out from line 52 to line 57 inclusive, and to insert in lieu thereof the following: On seines or netsmade of flax, hemp, or jute thread, yarn, or twine, completed or in parts, valued at not over 50 centsper pound or less, ten centsper pound, and, in addition thereto, 35%. adca Morem, valued at 50 centsand not over 75 centsF.pound, 15cents per pound, and, in addition thereto, 35%. adoloren's valued at perovpeorunsde, veanntdy, 5 cents per pound, 20 cents in addition thereto, 35%. advalorem.
Mr. FESSENDEN. With regard to that clause, we have already raised the duties by an amendment from 30 to 35%. It stands at 35%. now. It was thought with regard to seines, nets, and fish lines the duty placed upon them by this bill already was high, very considerable of a duty, and it comes very hard upon the poorest class of the community, probably, and that is the fishermen, who use the nets and fish lines and things of that sort. All over the country where ever that class of men exist they are probably the poorest class in the community, and it would not do to tax them so heavily. I hope that the Senate will not adopt the amendment. The amendment to the amendment was rejected. The next amendment proposed by Mr. SPRAGUE was to strike out from line 58 to line 63, inclusive, of section 6, and to insert in lieu thereof the following: On fish lines of linen, or twines of linen suitable for fish lines, valued at $250, or less per pound, 40 cents per pound, and, in addition thereto, 35%.ad valorem, valued at over 2 dollars and 50 cents per pound, 60 cents per pound, and, in addition thereto, 35%. advalorem. The amendment to the amendment was rejected. The next amendment proposed by Mr. SPRAGUE was to strike out from line 73 to line 77, inclusive, of section 6, and to insert in lieu thereof the following: On webbing, tapes, galloons, bindings, gimps, trimmings, braids, plain or otherwise, made of flax, hemp, or jute, or of parts of either, or of which flax, hemp, or jute shall be the component material of value, 60 per chief cent. advalorem.
Mr. SPRAGUE. I will state that cotton articles of a corresponding nature bear a duty of 60%.; and while I am up I will say in relation to the remark made by the Senfrom Michigan as to the information derived by the Commissioner upon this matter, that there is a class of manufacturers who import the yarn and twist it and manufacture it into a twisted condition in this country, so that they importers and part manufacturerS.R.FESSENDEN. We have already adyanced the duty in this clause ten%. It is high enough, and I hope it will not be changed. The amendment to the amendment was rejected. The next amendment proposed o Mr. SPRAGUE was in section 6, line7, after the word “ 30 ” to insert “five;” so as to read: On jute yarns, single, 35%, advalorem.
Mr. SPRAGUE. As this clause now stands it reads, “On jute yarns, single, 30%. advalorem;” whereas in the portion of the bill in which threads are referred to it specifies “flax, hemp, and jute, ” and it would seem that this would be unnecessary. It seems to me unnecessary, because in the provisions of the bill with reference to twines and thread, flax, hemp, and jute are referred to.
Mr. FESSENDEN. But those are the ones advanced beyond single, and this is single.
Mr. SPRAGUE. As I have said before, there is no difference in these threads between single and double.
Mr. FESSENDEN. Then you have got too much duty on the double, that is all. The amendment to the amendment was rejected. The next amendment proposed by Mr. SPRAGUB was to strike out lines 78, 79, and 80 of section 6, and to insert in lieu thereof the following:. On all other manufactures of flax, hemp, jute, or similar fibers not herein otherwise specified, 50%. advalorem.
Mr. FESSENDEN, Those are predicated upon the others. It is best to let it stand as lt is. The amendment to the amendment was rejected.
The PRESIDING OFFICER. That concludes the amendments proposed by the Senfrom RhdIsland.
Mr. FOSTER. I move to amend the amendment of the committee on the 86th page by striking out “24, ” in line 63 of section 13, and inserting “18;” and by striking out “ 30 ” in line 64, and inserting “24.” It is in reference to the duties on salt. The clause as it stands reads thus: On salt in bulk, and on all rock salt or mineral salt, 24 cents per 100 pounds. I propose to strike out “24 ” and to insert “ 18.” On salt in bags or sacks, 30 cents perf 100 pounds. I propose to “24.” strike out “ 30 ” and insert
Mr. FESSENDEN. I will simply say in explanation that this is a matter for the Senate to judge. The report of the Commissioner was precisely as the honorable Senator moves now to amend. The committee, however, raised it somewhat and put it up to its present position. The committee were not unanimous on the subject, but the majority of the committee thought it best to propose these duties instead of those recommended by the Commissioner. This is one of those cases in which we varied from his report.
Mr. FOSTER. I really hope, Mr. President, that the amendment will be made, for I think the present duty is altogether too high. The duty of 18 cents per 100 pounds on salt in bulk is a duty enormously high. The duty of o 24 cents per 100 on salt in sacks or otherwise than in ulk is enormously heavy also; and it is on an article, not of luxury, not an article used by the rich alone, but which enters into the consumption of daily life of the poorest of our people; an article of prime necessity.
Mr. FOSTER. If the honorable Senfrom Michigan is right in his claim, it seems to me that the system which we have of raising money, either by internalrevenue or by duties at the customhouse, needs an entire and thor ough reform and change. He says that prio to our present difficulties salt could be manufactured in Michigan at a profit, if I mistake not, at 75 cents the barrel; and now, at 2 dollars the barrel it cannot be manu" factured.
Mr. FOSTER. Of course I mean without loss; and that, Mr. President, on an article which under all circumstances is agreed to be an article of necessity for the whole country. Our system of taxation has run a barrel of salt which could be manufactured at a profit at 75 cents up to such a rate that now it cannot be manufactured without loss at 2 dollars. I say, if that is the situation of our tax system, internal and external, it needs up rooting; the people cannot live under it; it is perfectly certain they cannot live under it; and the sooner we ascertain it the better, and
Mr. CHANDLER. Will the Senator allow me a single moment?
Mr. CHANDLER. The same thing holds good of iron. I bought myself 100s of tons of iron at 24 dollars a ton a few years ago, that cannot today be produced for 48 dollars. The same thing holds good of everything else. On the articles produced in your own State of Connecticut you came here and demanded for them suitable protection; and now, when we ask a suitable protection on our salt, after you have been protected in jo" manufactures, you say the system is bad. The system is bad on your part as well If it is bad in one place it is as on ours. bad all over.
Mr. FOSTER. No doubt, Mr. President. Salt, however, is manufactured in Connecti cut, I will inform the honorable Senator, to a very considerable extent; and I know not whether my constituents would think I was favoring their interest in moving this reduction in the duty on salt or not. I am satisfied that it is a necessary thing to be done; and I am not attacking a western interest any more than I am attacking an eastern interest. Here are the honorable Senators from Massachusetts. I would inform the honorable Senfrom Michigan that the eastern coast of Massachusetts is pretty largely engaged in the manufacture of salt. The gentleman has heard of Cape Cod. There is quite an amount of salt manufactured in that interesting locality; and in other portions of Massachusetts and along the coast of NewEngland there is a large amount of salt manufactured. The honorable Senator is entirely hasty when he thinks, that in my own estimation at least, I am attacking a western interest. I disavow any such purpose in the 1st place, and the fact is entirely the other way in the next place.
Mr. FESSENDEN. Salt is manufactured very largely in NewYork.
Mr. FOSTER. And NewYork, which I suppose the honorable Senator does not count an extreme western State; he hardly speaks of it in that complaisant way as he does when he talks abouth the great Northwest, as part oS the great Northwest I suppose NewYork is about as largely interested in salt manufacture as almost any State.
Mr. HOWE. NewYork is a suburb of the Northwest.
Mr. CHANDLER. I congratulate the senator upon his tremendous stride in reducing the cost of living, and I have no doubt the country will congratulate him and thank him. Each individual consumes per annum about ten pounds of salt. The Senator proposes to reduce the duty on salt 6 cents per 100 pounds. Well, sir, he will save every man, woman, and child in the whole U.S. one 10th of 6 cents per annum; [Laughter] This is a commencement, and with such a tremendous start there is no telling how soon we shall get down the price of living. With this ostart, I congratulate the country that something is really going to be done.
Mr. WILLIAMS. At the port of NewYork. That is true, I suppose, of all or nearly all articles of importation, that there was less imfortoed during those years than prior years the condition of the country interfered with the business of commerce. That argument, it seems to me, has very little force so far as it applies to this article, no more than it has application to other articles. The statement î.he has made is sufficient evidence, it seems to me, as to the cheapness of salt in foreign countries where a whole ship load costs only $3,000. That argument of itself is sufficient to show that the manufacturers of salt in the U.S. cannot compete with those who produce the article in foreign countries unless they are protected. This is a large business. It is not confined to anyone State; it is a business that extends into various States of the Union; and the simple question is, whether this business, in which there is so much capital invested, and which employs so many people, shall be abandoned; or whether, like the manufacture of cotton, of linen, and of iron, it shall be protected in the same way. It seems to me we ought to do justice by all interests. If we protect one interest we should protect another. Give every interest a reason able protection, and then you put them all upon an equal footing. wood and the
Mr. FOSTER. If the honorable Senator will allow me, I will ask him why it is necessary, in order to put all upon an equal footing, to make the importer of salt pay 100%. duty when no other importer of the necessaries of life pays the 4th of that?
Mr. WILLIAMS. I have only to say in answer to that argument that the practical experience of the men who are engaged in the business is better than any theory that can be advanced. If it be a fact that under the existing tariff the importations of salt are breaking down and destroying the business of its manufacture in the U.S. I care not what theory is advanced on the subject; the practical fact is evidence that the business needs protection; and that is the point upon which I rely. I believe that the representations that were made to the committee by these persons were reliable; and as all other articles are protected, as prices have greatly advanced, as the price of rice of coal consumed in the manufacture of salt and the price of labor has advanced, and as all the other articles which are used by the men engaged in this business are taxed and their price increased by the addition of a higher tariff, it seems to me that these reasons ought to satisfy us that this bill is not an unreasonable bill in the protection it affords to salt manufacturers.
Mr. MORGAN. It must be evident to every one that in the bill which is reported by the committee, the industries of the country are very largely protected. That fact must be evident from the debate which has taken place here today. No one can deny that all the industries of the country are protected, and probably protected to a greater extent in this bill than they have been in any former bill. The manufacture of salt is one of those industries a very large interest in the State of NewYork, The arguments that have been presented here were presented to the ComFinance, of which I happen to be a member. Gentlemen appeare before the committee and made statements showing that the manufacture of salt required the duty which the committee finally agreed to impose. Those rates, as I understand, are precisely the same as those passed by the HoRep. They do not appear to be so in the bill as it came. the House; but I think that is a misprint. I think they passed in the House at 24 and 30 cents, although the latter rate appears in the House bill as printed at 36 cents. I believe the duty on salt in the bill as it passed the HoRep is precisely the same as roof by the ComFinance. I hope, therefore, as we have adhered, and I have myself, to the report of the committee on these other items that the report of the committee will be adherei to on the article of salt.
The PRESIDING OFFICER. The question is on the amendment proposed by the Senfrom Connecticut.
Mr. FOSTER. I ask for the yeas&nays upon that amendment. I do not wish to take up time, but the Senate is so thin that I must ask for the yeas&nays upon it. The yeas&nays were ordered; and being taken, resulted yeas 11, nays 18; So the amendment to the amendment was rejected.
Mr. CRESWELL. I move to amend the amendment of the committee on page 63, line 546 of section 9, by striking out the word “4” and inserting “five;” so as to make the line read: On chromate and bichromate of potassa, 5 cents per pound.
Mr. EDMUNDS. I suggest to the Chair that the word “4” has been inserted alread in that clause by a vote of the Senate, an hence a motion to strike it out and insert another sum would not be in order at this time, I should suppose.
The PRESIDING OFFICER. The Senfrom Vermont is right. An amendment has already been made in that clause. The Senfrom Maryland can accomplish his object by making his motion when the bill comes in the Senate. It cannot be made in committee.
Mr. CRESWELL. I will make a motion, then, to strike out the whole of the 546th line.
The PRESIDING OFFICER. Thatamendment is in order.
Mr. CRESWELL. And to insert in lieu thereof: On chromate and bichromate of potassa, 5 cents per pound.
Mr. FESSENDEN. That would not be in order any more than the other, I take it.
Mr. CRESWELL. The motion was not before to strike out the whole clause.
The PRESIDING OFFICER. Precisely the same question has been decided, and in the judgment of the Chair it would not be in order.
Mr. FESSENDEN. I will state with regard to that, that the rate of duty was 3 cents a pound; the House put it at cents 3 and half Mr. CRESWELL. I call the Senfrom Maine to order. There is no question before the Senate. [o]
Mr. FESSENDEN. I submit. Is there no motion pending?
Mr. do?WLL. No, sir; the Chair decides the amendment out of order. if I cannot speak you cannot.
Mr. FESSENDEN. I thought the motion was pending.
Mr. EDMUNDS. I move to amend the amendment on page 98, section 18, immediately after the 4th line, by inserting: spAeclliablloyoikms, pmoratepds, charts, and other printed matter in good faith for any public library or society incorporated or established for o: ical, literary, or religious purposes, or for the encouragement of the fine arts, or for the useof any college, academy, school, or seminary of learning in the U.S.
Mr. FESSENDEN. I suggest to the senator to move to insert his amendment after “’ bones” between the 30th and 31st lines.
Mr. EDMUNDS. I have no objection to the transposition of place. I merely followed the old law in putting it in the place that I proposed. At the suggestion of my friendfrom Maine I will modify the amendment by striking out the word “all” at the beginning of it, and then proposing to insert it between the 30th and folines. The amendment merely keeps the free list on this class of books just as the law now is. It is a literal transcript of the existing law, with the exception of the introduction of the words “public library, ” it being open to some possible doubts whether. under the phraseology without that, city and town or county libraries would come within the exemption provided.
Mr. FESSENDEN. The Senator has drawn his amendment much larger than I hoped he would draw it, and in its present shape I must certainly object to it. He includes all books imported for the use of schools. That would destroy all the publishing interests in the country pretty much. If he were to specify libra ries and public institutions it would not be so objectionable; but as the tariff now stands, upon the principle the committee have adopted, to carry it so far, even although it may have been in the former tariff, oã not meet with the approbation of the committee, and it would be striking a blow at the existence of the publishing interest which they could not stand. To exempt from duty all books for the use of schools would cover almost everything that would come in.
Mr. EDMUNDS. As I said before, the amendment that I propose has the effect merely to leave the law as to this free introduction of books just as the law is now. I do not think that the publishing interests of the country have been injured at all, and I think my.from Maine will not say that they have been under the existing tariff by the introduction of free books, for the reason that books that are used as school books, in the ordinary sense of that term, the general run of school books, are almost always imported, as a general rule, by dealers, and sold in the regular way, and pay the duties. This amendment is confined to that class of books which are imported in good faith for a specific school or academy. If it happens that an academy at Portland or at Burlington wants a rare foreign book to put in its library for the information of the people there, and its managers choose to go to the trouble and expense of sending for it abroad specially, and importing it specially themselves for the of the academy, then it is to be received ree. But this amendment which I propose is not intended to operate upon school books in general, ogenerally for the use of schools. That is not the proposition; and I feel quite confident in saying that no mischief whatever of the kind that is suggested by the Senfrom Maine has arisen under this law, that has stood for years and years on the statute book, in this respect in the precise language of the amendment that I offer, because it must not only be a school book, but it must be a book specially imported by the school or academy for its own private use. Now, in such a case I do not think that any injury to the revenue or to the book trade will result if these words are introduced.
Mr. FESSENDEN. I should like to hear the amendment read again. It would better come in Mr. SUMNER, old statute.
Mr. FESSENDEN. I think the last clause had better be stricken out.
Mr. EDMUNDS. I do not believe the Senfrom Oregon, or any Senator within the sound of o voice, can name an instance. aS in which he what he believes himself to be credible information of the statute which has been referred to, and which has been a statute a great while, having in any instance been abused or circumvented or defrauded. It is the language of the
Mr. FESSENDEN. We raise the duties very largely in this bill, and the temptation will be very much greater.
Mr. WILLIAMS. The Senator will allow me to state that I am advised, and I have no doubt of the fact, that persons send books from the U.S. over to England and have them published there and brought back here, the productions of American intellect; and in that way the business of making books in this country may be very greatly damaged. The gentleman is not arguing the whole question when he assumes that this applies exclusively to books produced in a foreign country, foreign books; and I very much doubt, notwithstanding the high respect I have for all literary attainments, whether it would not be better for us to know more about books of our own country and less of those of foreign countries.
Mr. EDMUNDS. That is a question of taste about which I will not dispute with my distinguished friendfrom Oregon. He may take his choice of reading, and I will take, as far as my means will allow me, mine. I cannot argue the whole question at once because I have not the diffusive faculty necessary to hit all the points which are raised here by one single observation. Now, it is true undoubtedly, coming to the point my friend refers to, that once in a while an American author has his book copy righted and published abroad, and it is within the range of possibility that some college or some library or some institution may send abroad and get one copy of that book. If they should, there would be so much loss to the home industry of printing that book, the benefit of which would have been received if it had been printed here. But we all know that objections of that kind are merely trifling, after all, because they are extremely exceptional; they are not general. The general rule, operating broadly and generally in favor of learning and the diffusion of knowledge everywhere, is that it has been the policy of this country and every other to permit the productions of foreign intellect to be brought in where they will be for general use, be put in a place where the poor can get them freely to permit the intro duction of such matter freely. Now, all I ask of the Senate is, that they should adhere to the established policy and the just one upon this subject; and if you do not allow it only for those higher institutions, if you strike out schools and institutions of learn:ing other than the colleges and seminaries of higher degree and the libraries proper, then you cut off from the common people and poor people in the villages of our country great sources of information that they ought to have; and the number of books in all that would be introduced under this provision, unless it is evaded and defrauded, would be so small as not to affect the revenue materially.
Mr. MCDOUGALL. Mr. President, it is with great pleasure that I support the amendment of the Senfrom Vermont. If you place a high tariff on everything, you should not in my judgment place a high tariff on knowledge. It is well oto all who have learned anything that it belonged to our early opportunities to pick up knowledge as derived from books from those which came from Europe. We have made an effort to bring books from the older countries to inform us. probably none of the earliest reading of Senators in the very difficult parts of knowledge was in American publications.. My doctrine is to protect knowledge and allow it to be free. I remember very well that I had my earliest discipline from free libraries when I was a lad, and I could not probably have commanded it otherwise. This question is not a new one; it has been discussed before. I think there should be no tax upon the introduction of foreign literature. As to the suggestion that American books may be sold abroad, printed in London, and brought back here, that, as the Senfrom Vermont says, may once in a while happen, but it does not belong to a business argument. Knowledge should be as free as the air and the water. I trust the amendment may be approved.
Mr. FESSENDEN. If the Senfrom Vermont will strike out the last clause of his amendment, all after the word “arts, ” I shall vote for it; otherwise I shall be obliged to vote against the whole amendment, and hope it will not be adopted. The Senfrom Massachusetts has an amendment which I think is better drawn, more carefully considered, which covers the same ground.
Mr. EDMUNDS. That modification would strike out colleges and societies of learning. I cannot accept it.
Mr. FESSENDEN. The Senator perhaps then had better withdraw his amendment for the present, and look at that which is drawn by the Senfrom Massachusetts, which I think covers all the ground that ought to be covered.
Mr. EDMUNDS. The amendment of the Senfrom Massachusetts does not cover the ground that I think ought to be covered, because I think these schools being kept within the limits of the law as to good faith and the Treasury agents are pretty careful about free importations of every kind, as they ought to be; there is not much danger of fraud these schools ought to be allowed to have one book of a kind, if they choose to send for it, for the free use of all their students. Differing, therefore, from my friendfrom Maine, I must insist upon a vote on the amendment as it stands.
Mr. FESSENDEN. I shall be obliged to oppose the amendment, although I am in favor of some amendment on this point. I think this goes too far.
Mr. EDMUNDS called for the yeas&nays, and they were ordered; and being taken, resulted yeas 9, nays 10; 33.
The PRESIDING OFFICER. There is not a quorum voting.
Mr. DOOLITTLE. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, January 23, 1867. The House met at 12 o'clock m. oATH for: ATToRNEYs, Etc.
The SPEAKER. The 1st business in order is House bill No. 239, to prescribe an oath for public officers and members of the bar, and for other purposes, and by unanimous conserit of the House the vote on the bill is to be taken at 12 o'clock m., without dilatory motion. The question is, Shall the bill pass 2.The motion to lay upon the table is considered as withdrawn.
Mr. BOYER. I ask unanimous consent to be allowed ten minutes. There was no objection, and it was so ordered.
Mr. WILSON, of Iowa. I wish to correct the gentleman's statement as to the report of the ComJudiciary. They have not reported any such bill as the gentlemanmentions.
Mr. BOYER. such a bill has at least been offered by a member of that committee, and referred to the committee, and the House and the country will see whether the committee do not report it back to the House with a recommendation that it do pass. And I would ask the gentleman, as chairman of that committee, whether in his opinion that bill will not be reported by that committee to the House and put upon its passage here?
The SPEAKER. The gentleman's ten minutes have expired.
Mr. $iii!op. Mr. Speaker, were the yeas&nays ordered on laying this bill on the table?
Mr. ELDRIDGE. I wish to withdraw the motion.
The SPEAKER. It was understood before the recess that the motion was withdrawn, also the yeas&nays.
Mr. ELDRIDGE. I now demand the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Mr. BOUTWELL. I ask the indulgence of the House for about ten minutes to make a brief statement.
Mr. ROGERS. Will the gentleman allow me to ask him one question?
The question being upon the passage of the bill, the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 108, nays 42, not voting 41; So the bill was passed. During the call of the roll the following announcements were made:
Mr. LAFLIN. I desire to state, in behalf of my colleague, Mr. HULBURD, that having spent the night here he was so indisposed this morning that he is unable to be present here at this time. If he was here he would vote in favor of this bill.
Mr. VANHORN, of NewYork. I desire to state that Mr. CLARKE, of Kansas, is absent on leave. If here he would vote for the bill.
Mr. O'NEHL.L. My colleague, Mr. THAYER, is still detained at home by sickness in his family.
Mr. GRINNELL. I desire to state that my colleague, Mr. HUBBARD, of Iowa, is still detained from his seat by illness.
Mr. WASHBURN, of Indiana. I desire to state that Mr. HENDERSox is confined to his room by indisposition. After the call of the roll was completed, Mr. MORRIS said: I desire to say that I would have voted for this bill if I had been here before the call of the roll was completed. The result of the vote was announced as above.
Mr. BOUTWELL. I move to amend the title of the bill so that it shall read “‘A bill to prescribe a rule concerning public officers and members of the bar, and for other purposes.”
Skip Skip The amendment was agreed to. Mr. BOUTWELL. mtRtv this bill has just been passed; on the table. agreed to. SOLDIERS OF THE WAR OF 1812.
Mr. COBB, by unanimous consent, presented a memorial to Congress from the Legislature of the State of Wisconsin, in relation to the surviving soldiers of the war of 1812; which was referred to the ComInvalidPens, and ordered to be printed. PROTECTION OF AMERICAN TONNAGE.
Mr. PIKE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComWays&Means be instructed to consider the propriety of protecting theinterestsof tonnage nowafloat, aswell asto relieve the ship building industry of the country by draw backs of duties on materials used in the construction of vessels; and to this end that they consider the expediency of abolishing in whole or in part the ton; nage tax, and of adopting a system of differential dyeustiseeslswmitahy regard to American ships, so that our foreign merchhaavnedaises, hare, in the transportation of almost wholly to foreiganndbobttuosminse.ss now confined ALLEN WILSON.
Mr. STOKES, by unanimous consent, introduced a bill for the relief of Allen Wilson, of Wilson county, Tennessee; which was read a 1st and 2nd time, and referred to the ComInvalidPens. ORDER OF BUSINESS.
Mr. KASSON. I call for the regular order of business.
The SPEAKER. The morning hour has now commenced, and the 1st business in order is reports from the ComJudiciary, where the call of committees last rested. RIGHTS OF CITIZENS IN THE STATES.
Mr. WILSON, of Iowa. It is now about a week since the House, on motion of the Gentfrom Ohio, [Mr. SchENCK, ] directed the ComJudiciary to inquire into certain alleged illegal acts performed by parties in the State of Maryland; and in connection therewith the committee were directed to inquire whether any additional legislation is necessary to protect citizens of the U.S. in the enjoyment of their rights in the several States. Upon the latter branch of the inquiry I am instructed by the ComJudiciary to report a bill entitled “An act to declare and protect all the privileges and immunities of citizens of the U.S. in the several States.” I move that this bill be recommitted and ordered to be printed. I will state that I intend to enter a motion to reconsider the recommittal. I shall take this course because, this being a bill of importance, members may desire to examine it, perhaps discuss it; and it would be impossible for me to afford during the morning hour that time which I desire to give to gentlemen, if they should express any wish to discuss the bill. I may state that this bill is the substitute reported by myself during the last session for the bill introduced by the Gentfrom Ohio, [Mr. SHELLABARGER, being substantially the bill introduced by him. The motion of Mr. Wilson, of Iowa, was agreed t;o and the bill was recommitted, and ordered to be printed.
Mr. WILSON, of Iowa. I now move to reconsider the vote by which the bill was recommitted.
The SPEAKER. That motion will be entered. EIGHT HOUR SYSTEM OF LABOR.
Mr. NIBLACK. I desire to take this opportunity to propound a question to the Gentfrom Iowa, [Mr. WILSox]
Mr. Wii SoN, of fown.' I yield to the gen. tleman for that purpose.
Mr. NIBLACK. During the last session of Congress several propositions (including one submitted by myself) in regard to what is known as the “ Co. system” were referred to the ComJudiciary.. I beg leave to inquire of the gentleman whether the committee of which he is chairman intend at the present session to report anything to this house upon that subject.
Mr. WILSON, of Iowa. I will state, Mr. Speaker, that if the committee shall have suf. ficient time to get through with their reports one of the measures they will bring before the House will be a bill on that subject.
Mr. NIBLACK. The gentleman will allow me to suggest that the committee should at least report back some one of the propositions for consideration, even if the committee are noto to make a recommendation upon it, so that the House may take some action upon the subject.
Mr. WILSON, of Iowa. I believe I stated during the last session that the committee had acted upon that bill, and it will be reported if we can have time to make the report.
Mr. NIBLACK. I so understood; and hence I wanted to know the reason of the delay on the part of the committee. I move that the committee have leave to report upon that subject at any time when it will not interfere with the morning hour.
Mr. WILSON, of Iowa. no objection to that.
The SPEAKER. If there be no objection, the motion of the Gentfrom Indiana will be considered as agreed to. It requires unanimous Consent. s There was no objection. CIRCUIT COURT IN ARKANSAS.
Mr. MORRIS, from the ComJudiciary, reported back, with a recommendation that it pass, a bill providing for an additional term of the circuit court of the U.S. in the eastern district of Arkansas. The bill, which was read, provides in the 1st section that a term of the circuit court of the U.S. for the eastern district of Arkansas shall be held at Little Rock, in that district, on the 2nd Monday in October annually. The 2nd section provides that the salary of the U.S. district judge for the dis. trict of Arkansas shall hereafter be $4,000 per annum.
Skip Skip Mr. MORRIS. I demand the previous question. I certainly have The previous question was 2nded and the main question ordered.
Mr. FARNSWORTH. Does that increase the salary of that judge, and how much?
Mr. FARNSWORTH. I understand he draws $2, 500 now, and this increases it to $4,000. It is a precedent to be followed in the case of all others. I am opposed to it. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Skip Skip Mr. MORRIS demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. MORRIS mtRtv the bill was passed; on the table. agreed to.
Mr. WILSON, of Iowa, moved that the title be amended by adding the words “and for other purposes.” The amendment was agreed t;o and the title as amended was adopted. DESECRATION OF GRAVEs.
Mr. MORRIS, from the same committee, reported back House bill No. 253, to punish for the removal of dead bodies from the grave or other place of interment in the DistCol, with the recommendation that it do pass. The 1st section provides that every person who, in the DistCol, shall remove the dead body of any human being from the grave or other place of interment for the purpose of selling the same, or for the purpose of dissection, or from mere wantonness, shall, upon conviction, be punished by imprisonment not exceeding 5 years, or by fine not exceeding $500, or both such fine and imprisonment. The 2nd section provides that every person who, in the DistCol, shall purchase or receive the dead body of any human being, knowing the same to have been disinterred, contrary to the provisions of the preceding section, shall, upon conviction, be subject to the punishment in the said section specified. The 3rd section provides that every person who, in the DistCol, shall open a grave or other place of interment, with intent, 1st, to remove the dead body of any human being for the purpose of selling the same or for the purpose of dissection, or, 2nd, to steal the coffin or any part thereof, or the vestments or other articles interred with any dead body, shall, upon conviction, be punished by imprisonment not exceeding 2 years, or by fine not exceeding $500, or by both such fine and imprisonment.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. MORRIS mtRtv the bill was passed; upon the table. agreed to. ELECTION of senAtoRs, ETC.
Mr. WOODBRIDGE, from the same committee, reported adversely on House bill No. 908, to amend an act entitled “An act to regulate the time and manner of holding elections for Senators in Congress, ” approved July 25, 1866; and the same was laid upon the table. JUDGMENT LIENS.
Mr. COOK, from the same committee, reported adversely on a resolution to amend the law relating to judgment liens; and the same was laid upon the table. RECoRD of DEEDs, ETC.
Mr. COOK, from the same committee, also reported adversely on a bill to enable citizens of the U.S. to record deeds of lying lands in States other than the States of their residence in certain cases; and the same was laid upon the table. PART OWNERS OF FORFEITED PROPERTY.
Mr. COOK, from the same committee, also reported adversely on House bill No. 72, for the relief of loyal and innocent part owners of personal property forfeited on account of crim inal acts of the part owners of it; and the same was laid upon the table. COURT OF CLAIMS.
Mr. COOK, from the same committee, also reported back House bill No. 668, to limit the time for bringing suits before the Court of Claims, with the recommendation that it do a SS. The bill provides that every petition or proceeding before the Court of Claims to recover any claim against the U.S shall be filed or commenced within 6 years after the passage of this act if the claim in such petition or proceeding specified shall have already accrued, and if not, then within 6 years after such claim shall have accrued, and not after. But the provisions of this act shall not apply when the holder of such claim shall be under 21 years of age, insane or a feme covert; provided that the petition or proceeding to recover such claim shall be filed or commenced within 6 years next after such disability shall cease to exist.
Skip Skip Mr. COOK. I demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read a 3rd time, and passed. Mr. COOK mtRtv the bill was passed; upon the table. agreed to. FEES OF OFFICERS OF U.S. COURTS.
Mr. COOK, from the ComJudiciary, reported back House bill No. 872, to amend an actentitled “An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the U.S., and for other purposes, ” approved February 26, 1853. The bill was reported; and during the reading thereof the hour of one o'clock arrived, which was fixed for the execution bf the order of the House in regard to absentees. MEMBERS UNDER ARREST.
The SPEAKER. The hour of one o’clock having arrived, the Sergeant at Arms will now proceed to execute the order made by the house yesterday in regard to absentees from its session. The Sergeant at Arms will produce at the bar of the House the members in his custody.
Mr. ORTH. Mr. Speaker, the unpleasant difficulties growing out of the proceedings yesterday having been satisfactorily and honor ably adjusted, I presume there is no disposition on the part of the House to pursue this subject any further. I therefore move that the warrant of
The SPEAKer in the hands of the Sergeant at Arms be set aside, and that all persons arrested by virtue thereof be discharged, and on that I demand the previous question.
Mr. WASHBURN, of Indiana. I move to lay that motion on the table.
The SPEAKER. The effect will be to dismiss the whole subject.
Mr. WASHBURN, of Indiana. Then I withdraw the motion.
Mr. ASHLEY, of Ohio. I rise to a point of order. There are some 50 of us that have been fined.
Mr. WASHBURN, of Indiana. I raise the point of order that the gentleman is under arrest, and has no right to speak. [Laughter]
The SPEAKER. The arrest operates from this moment; therefore the gentleman is not entitled to speak.
Mr. ELDRIDGE. I rise to a question of order, Gentlemen under arrest by the Sergeant at Arms are in their seats in the House. Laughter]
The SPEAKER. The Chair sustains the point of order; the Sergeant at Arms will E." the gentlemen in his custody at the ar of the House.
Mr. LeBLOND. I suggest to the Gentfrom Indiana [Mr. ORTH] to modify his motion by making it simply to discharge the order of the House, and that the culprits be brought to the bar of the House so that we may see who they are. [Laughter]
The SPEAKER. The gentlemen are not culprits; they are members of this House.
Mr. FARNSWORTH. I desire to know if members under arrest have a right to vote on this question.
Mr. FARNSWORTH. For if they had they might vote down the motion.
Mr. SCOFHELD. I ask the gentleman to modify his motion by making it that they be oon paying the usual fee, except such of them as desire to come before the House and render their excuse.
Mr. McRUER. I raise the point of order that they are not at the bar of the House.
The SPEAKER. They are supposed to be at the bar of the House; if not, the Sergeant at Arms will present them. The Sergeant at Arms accordingly presented before the bar of the House the following members in his custody: Messrs. James M. Ashley, Baldwin. Bingham, Blaine, Brandegee, Bundy, Chanler, Dawes, Deining, Griswold, Hale, Holmes, Hooper, Edwin N. " James R. Hubbell, Kasson, Kelley, Latham, George V. Lawrence, Loan, Marshall, Marvin, Maynard, McKee, Moorhead, Pike, Radford, John H. Rice, Ross,sionn. Stilweil, Nihonief (i. Taylor, John L. Thomas, Thornton, Hamilton Ward, William B. Washburn, Wentworth, Stephen F. Wilson, Win: field, and Woodbridge.
The SPEAKER. The motion is that they be all discharged except those who desire to render excuses. If the motion prevails, then gentlemen who desire a separate vote will remain at the bar of the House, and the Chair will ask what excuses they have to render for being absent from the session of the House.
Mr. BLAINE. Mr. Speaker, I wish to make an inquiry. I was never served with notice of arrest, and yet I find my name in the list of absentees under arrest. With due def. erence to the House, I present myself here, and I wish to know whether I am under arrest?
The SPEAKER. The Chair thinks the gentleman is under arrest and at the bar of the house. [Laughter]
Mr. FARQUHAR. I ask my colleague to yield to enable me to offer an amendment, to make an exception in the case of those who have once been before the House and fined.
Mr. RADFORD. Have we a right to vote upon this question?.
The SPEAKER. The gentleman, as one of the members in custody of the Sergeant at Arms, has not a right to vote upon this question.
Skip Skip The question was taken on 2nding the demand for the previous question; and there were ayes 47, noes 51. So The previous question was not 2nd ed.
Mr. FARQUEIAIR. I now move to amend the motion of my colleague [Mr. ORTH] so as to except from his proposition those who were called before the bar and fined and also those who came
Mr. HILL. I suggest to the gentleman that he include those who got out of the House by unusual routes.
Mr. FARQUHAR. I propose to increase the fines imposed upon those who come within the terms of my amendment.
Mr. FARNSWORTH. It excepts those wh have not been fined: while it increases the fines upon those who have been fined. Does it propose to fine a man twice?
Mr. FARQUHAR. It is an exception in favor of those who have not been fined.
Mr. RANDALL, of Pennsylvania. I desire to say that I do not think that any further possible good can result in continuing this prose cution, and I hope therefore that the House will put a stop to it by adopting the motion that these gentlemen be relieved from arrest and that their fines be remitted.
Mr. HIG BY. I would like to inquire what the condition of the question is 2
Mr. RANDALL, of Pennsylvania. I will modify my motion so as to discharge them upon the payment of the usual fees.
The SPEAKER. That is the original motion.
Mr. RANDALL, of Pennsylvania. Very well, sir; I am satisfied with that.
Mr. HIGBY. Mr. Speaker, it would be utterly impossible for this HOuse ever to do any business unless there should be some means found of holding members here when they are brought here under arrest. It is a notorious fact that within a very few minutes after members were brought here by the Sergeant at Arms last evening they left the House knowing we were here in session, and yet they treated the House with utter contempt. It is impossible for us to do business otherwise, and I hope that those members who have been brought here by the Sergeant at Arms and have then left the House will be fined.
Mr. MORRILL. The older members of this House know that in no instance has this penalty been enforced, and that it is an utter waste of time to attempt it; and in order that there may not be another day wasted I move to lay the whole subject upon the table.
Mr. WINDOM. I raise the point of order, that when the House adjourned all the proceedings under the call fell with the adjournment.
The SPEAKER. The Chair overrules the point of order. The Digest says that “By an adjournment pending a call all proceedings under the call are terminated; but where the House has previously passed an order especially difeeting otherwise, such specialdirection should doubt less be executed.”
Mr. RAYMOND. What would be the effect of laying the whole subject upon the table?
The SPEAKER. The effect would be to relieve the members from arrest and dispose of the whole subject.
Mr. HILL. I wish to know further whether if this whole subject is laid upon the table, and these gentlemen are discharged, it will not be in effect an abandonment of the rules of the House.
The SPEAKER. The House has a right to abandon its rules if it sees fit.
Mr. BOYER. I desire to inquire whether the officer who makes the arrest would not in any event receive this pay? If these fines are remitted, will they not be paid out of the contingent fund of the House?
The SPEAKER. The Chair stated, in reply to a similar inquiry last evening, that these fees are settled and that that law is to be found in the statutes at large, volume nine.
Mr. BROMWELL. If this motion to lay upon the table prevails will not these members remain under arrest?
Skip Skip Mr. HARDING, of Illinois, demanded the yeas&nays on agreeing to the resolution, and called for tellers on the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. The question was put upon the motion to lay the resolution upon the table; and there were ayes 32, noes 69. So the House refused to lay the resolution upon the table.
Mr. FARQUEIAR. Idesire to call the attention of the House for a moment to the facts connected with the proposition which is now before this body for consideration. The pending proposition is to discharge all the gentlemen who are now at the bar of the House to answer for being absent without leave. I propose to amend that proposition so as to except from its operation those gentlemen who have previously been brought to the bar of the House They will not under the patent to ever for the same offense, and after fines had been imposed upon them again left the House without leave; and also certain other gentlemen who were present at the 1st call of the House, and then absented themselves without leave. My object in offering this amendment is for the purpose of vindicating the character of the House and rendering full justice to those mem. bers who remained here for 16 hours during yesterday and last night to maintain the integrity and dignity of this body. We were led by gentlemen of the ComJudiciary into a contest yesterday to sustain and carry through a measure which was regarded as of importance to the country. Many of the members now at the bar of the House united with us in the effort to sustain the character of this body and carry that measure, and then they abandoned us to maintain the contest during the night. Some of those members were ar. rested, brought to the bar of the House, and fined for having absented themselves without leave. Yet it is proposed that they shall now, after having again been brought to the bar of the House, be discharged without even the payment of the customary fines, which we imposed upon so many members last night.
Mr. INGERSOLL. Will the gentleman yield to me for a moment?
Mr. FARQUHAR. I cannot yield to the gentleman. The gentleman has justly been charged with being a deserter from his party in this struggle.
Mr. INGERSOLL. I rise to a point of order. My point of order is that the Gentfrom Indiana, [Mr. FARQUHAR,) who is now addressing the House, was arrested last night, brought to the bar of the House, and fined,, and he has not yet paid his fine. [Laughter]
The SPEAKER. The Chair has no information to that effect. The presumption is that every member who has been fined has paid his fine.
Mr. HIGBY. I would ask the Gentfrom Illinois (Mr. INGERSoLL) how many times he was arrested and brought into this House last night?
Mr. INGERSOLL. Once; and I paid for it. [Laughter]
Mr. MORRILL. I rise to a question of order. I would inquire of the Chair if these members now under arrest at the bar of the House are to be required to stand there during all this discussion. If so, would it not be just that that should be reckoned in mitigation of their sentence? [Laughter]
The SPEAKER. It is the order of the House that they be brought to the bar and kept there until some order shall be made in regard to them. If there is no objection they will be allowed for the present to occupy their usual seats.
Mr. HILL. If it does not relieve them from their liability I will not object.
The SPEAKER. It will not. No objection being made, the members unde arrest at the bar of the House were allowed occupy their usual seats for the time being.
Mr. FARNSWORTH. Irise to a point of order. My point of order is that the Gentfrom Indiana [Mr. FARQUHAR] is himself in contempt of the House, having last night slipped through the door without the permission of the Sergeant at Arms after the doors were ordered to be closed.
Mr. HILL. I believe there is no evidence of that before the House.
The SPEAKER. The Chair will state that the House has no knowledge of the fact which the Gentfrom Illinois [Mr. FARNsworth] States.
The SPEAKER. The Chair thinks that the point of order comes too late. It should have been made when the Gentfrom Indiana Mr. FARQUHAR] 1st rose to address the Chair. The Chair will state further to the Gentfrom Illinois [Mr. FARNsworth] that members who have been fined are presumed to have paid their fines unless they state to the contrary. One case occurred in this House 5 or 6 years ago, where
Mr. Cochrane, a member from the city of NewYork, being at the bar of the House, was subjected to a fine, which he in the presence of the House refused to pay. The House having this public notice of his refusal, he was not allowed to participate in the action of the House until the fine was paid. This, so far as the Chair is aware, is the only exception to the general practice. A member is supposed to obey the orders of the House; and so soon as an order has been made requiring him to pay a fine to an officer of the House, it is presumed, in the absence of evidence to the contrary, that the fine is paid.
Mr. FARQUHAR. I now yield the floor to my friendfrom Wisconsin, [Mr. Cobn]
Mr. INGERSOLL. I make the point of order that the Gentfrom Indiana [Mr. FARQUHAR] has no right to retain the floor, as he is in contempt of the House, having violated its rules.
The SPEAKER. The Chair has already overruled that point of order. It is too late to make it even if it were well founded.
Mr. FARQUHAR. I now yield to the Gentfrom Ohio, [Mr. Schexck]
Mr. SCHENCK. I have but a word or 2 to say. I understand a motion is now pending to discharge without penalty of any kind, but on the mere payment of fees and without each one answering for himself, all these gentlemen who have been brought here under arrest. I wish it to be understood whatever others may I do will oppose it at every step. We were kept here a whole night on account of the absence of these men. We were kept here when in all human probability we would not have found it necessary to stay had they been in their places. And there are some of them, at least, who having appeared once and answered to the 1st and perhaps to the 2nd call, withdrew from the and slept quietly while others were remaining in their positions as members upon this floor.. It seems to me if this House is ever to assert its right to enforce the attendance of its mem. bers under proper proceedings it is at this time. If we are to dispense with the proceedings I do not see any reason why we should not at all times hereafter let gentlemen attend or not as it may suit their personal convenience. I do not know who the gentlemen are and cannot intend anything personal in these remarks, but let them be who they may, the more distinguished the members of this House the more important it becomes they should be made examples for the rest. If these gentlemen are to have the benefit of good suppers and sweet repose in comfortable beds, while we remain subject to the orders of the House, endeavoring to conduct its business, it is time for us to know so we may take a like advantage hereaf.ter and stay away. Ihope nothing will be done which will prevent the call of each member to assign the reason for his absence so that we may judge each case on its proper merits.
Mr. FARQUHAR. I now yield a very few moments to my colleague.
Mr. ORTH. Mr. Speaker, I think from the course matters have taken here that the object I had in view will be defeated. My object was to prevent the consumption of the time of this House in bringing before it some 30 or 40 of its members, and putting them through a catechetical process in regard to their absence last night. And all this we are told is neces. sary in order to assert the dignity of this body. Sir, if any spectators were present yesterday long after midnight they must have come to the conclusion that some other process is necessary to be resorted to to assert and maintain our dignity. I was with my distinguished friendfrom Ohio [Mr. Schenck] during the whole of the watches of the night.
Mr. SCHENCK. I wish to correct the gentleman as to his having been with me through all the watches of the night. He was one of the 1st lot of prisoners brought in. [Laughter] “A fellow feeling makes us wondrous kind.”
Mr. ORTH. It does so. The gentleman has stated no new fact to the House. It is true I was absent and I answered to the call of the House and submitted to its judgment, and that was, as the Gentfrom Ohio well knows at a very early hour in the evening, as early as 7 o’clock. I was with him from that hour till 8 o'clock this morning, and judging from our proceedings a man might readily suppose that during the whole of this time all the dignified members had left except the Gentfrom Ohio [Mr. SchENck] and myself. [Laughter] Mr. Speaker, I have seen since my service here several attempts at for temporary absence from this House. Your honor will recollect a scene that transpired here during the 38 h Congress.
Mr. INGERSOLL. I rise to a point of order. Has a member a right to address the Chair as “your honor?” [Laughter]
The SPEAKER. The Chair thinks it is not exactly correct.
Mr. ORTH. Well, then, I will transfer that expression from The SPEAKer to the Gentfrom Illinois. [Laughter] I desire to learn from the experience of the past, and I hope and trust that I have a dueoof what belongs to the dignity of this body. Sir, what was my motion this morning? I am satisfied that the previous question was voted down because my proposition was not understood. What was it?. It was that instead of having 40 or more members arrayed before us and put through a sort of schoolboy process of answering all sorts of questions, for the purpose, no doubt, of adding to the dignity of this House and no one is so fruitful in this mode of examination as my distinguished friendfrom Ohio [Mr. Schexck] I desired that all the members under arrest should be discharged from custody upon payment of the usual fees. It is true the adoption of my motion would probably have robbed him [Mr. Schenck] and the world of those glittering witticisms with which, like lightning flashes, he has essayed from time to time to illumine this House. [Laughter] The result of the adoption of my motion would have been to place these delinquents upon precisely the footing that all were placed last night to discharge them upon the payment of the usual fees. But the previous question was voted down because my proposition was misunderstood by many and misrepresented by others. It was my desire simoply to save time. Sir, we had been apto by the Gentfrom Vermont [Mr. of Bill] and by the chairmen of various committees, who stated that the business of the House was pressing, while the hours of the session were rapidly passing away.
Mr. GRINNELL. Then why does the gentleman consume the time himself?
Mr. ORTH. The Gentfrom Iowa is the last man to talk to me in regard to the consumption of time. Mr. Speaker, I supposed this whole matter could be disposed of i. my motion in the short space of 5 or ten minutes, and the dignity of this House asserted and maintained to its fullest extent. Under the operation of my motion the Jour nal of this Congress will show that some 40 of its members were arrested this morning for absenting themselves without leave from our deliberations; it will contain the names of the delinquents; that they were discharged by order of the House upon payment of the usual fee. Will not this record satisfy gentlemen who seem to have the dignity of the House in their special keeping? We shall, by the adoption of this course, assert our power in the preservation of our rules, save time, now so precious for more important legislation, and vindicate our dignity to at least as full an extent as it was preserved during the 20 hours of our boisterous session of yesterday. I trust the motion will prevail. Oh, says fo Gentfrom Ohio, we must punish these men. What is the punishment e proposes? He and I, sir, have stood at the bar of this House as mutual delinquents and enormous foes were imposed upon us, of which he and I up to this day have never paid the 1st red, foand we never Wif.
Mr. HUBBARD, of Connecticut. I will ask whether the Gentfrom Indiana, [Mr. ORTH,) not having paid the fine imposed upon him by this House, is entitled to address the House. I make that point of order.
The SPEAKER. The Chair overrules the point of order for the reason that the gentleman's fine was in reference to the 1st call at last evening's session, and that call was dispensed with by the House.
Mr. FARQUHAR. I ask the House to hear my amendment as I have modified it. It excepts members fined under the 1st call, and also members who left the House after the 1st call of the House, and proposes that all those excepted shall be discharged upon the payment of double the usual fees. Now, I desire to say but a very few words in answer to the remarks of my colleague, [Mr. ORTH.] I do not understand, nor did I at the time I moved this amendment, that it conflicted with his proposition in any manner whatever. It concedes as does his that those members of the House who have been arrested and brought to the bar of the House, and who had no knowledge of the call of the House, shall be discharged on payment of the usual fees; but it provides that those gentlemen who had been brought to the bar of the House and had been fined for their absence, and who had knowledge of the call of the House, shall be doubly fined. I refer to the men who went away from the House in the midst of the struggle to carry through this measure and aban oned us. My amendment provides: 1st, that those members who had no knowledge of the call of the House shall be fined in the usual amount; and 2nd ly, that those members shall be doubly fined who had knowledge of the call of the House, and who left the House knowingly and willfully, leaving us here to struggle, as we did, for some ten or 12 hours, who, if they had been here as they ought to have been and had stood by us, would have saved us from the mortification and humiliation of that defeat which, I acknowledge, we received from the hands of the minority this morning. Now, having said this much, I move the previous question on the resolution and the pending amendments.
Mr. FARNSWORTH. I withdraw my amendment. I am in favor of the proposition of the Gentfrom Indiana, [Mr. ORTH]
The SPEAKER. The gentleman will find that in the Statutes at Large, volume 9, and also in the Digest.
Mr. MORRILL. I desire to ask whether or not all these fees will not go into the pocket of the Sergeant at Arms?
The SPEAKER. The Chair has never in vestigated that point. It is a matter regulated by law. The rule in reference to that subject is to be found on page 176 of the Digest.
Skip Skip The question being on Mr. FARQUfAR's amendment, it was put; and there were ayes 54, noes 43. So The amendment was agreed to. The question recurred upon the resolution as amended; and being put, said resolution was agreed to. Mr. MOULTON mtRtv the resolution was adopted; upon the table. agreed to.
The SPEAKER. Any gentleman who has been arrested and who desires to make excuse and have a separate vote on his case, will now present himself at the bar to make that excuse.
The SPEAKER. Mr. TAYLoR, you have been absent from the sessions of the House without its leave. What excuse have you to offer for that absence?
Mr. TAYLOR, of Tennessee. Mr. Speaker, I would state in vindication of myself that I am in the habit of attending very closely to my duties in this House. But for the last 6 weeks from one to 3 of my family have been sick. During that time I have lost a great deal of sleep and have given a great deal of attention to those that are sick. Under these circumstances I paired off with my colleague, Mr. MAYNARD, about 5 or 6 o'clock yesterday evening, not anticipating a long session of the House. I say this in justification of myself.
Mr. WASHBURN, of Indiana. I move that. gentleman be excused without payment of ees. The motion was agreed to.
Mr. RANDALL, of Pennsylvania. I would suggest that the excuse should not occupy more than one minute in its statement.
The SPEAKER. No limitation of time can be imposed except by unanimous consent.
Mr. RANDALL, of Pennsylvania. I merely desired to make the suggestion.
Mr. BALDwiN, one of the absentees, presented himself at the bar of the House.
The SPEAKER. Mr. BALDw1N, you have been absent from the sessions of the House without its leave. What excuse have you to render for having been thus absent?
Mr. BALDWIN. My only excuse is this: for some considerable time past I have been troubled with a very severe inflammation of the throat, and my physician has recommended me not to go out of doors at night. For that reason yesterday I went home before the night Carne On.
Mr. MILLER. I move that the Gentfrom Massachusetts [Mr. BALDw1N] be discharged from the custody of the Sergeant at Arms without the payment of the usual fees. The motion was agreed to. No other of the absentees appeared at the bar to render an excuse for being absent without leave. HON. JOHN H. FARQUHAR.
Mr. KASSON. I arise to a question of privilege, and offer for consideration at the present time the following resolution: Resolved, That the Hon. Mr. FARQUHAR, a member of this House, from Indiana, having during its last session forced his way into this House without its permission during a call of the House, and after the doors had been closed by its order, be taken into custody by the Sergeant at Arms and brought to the bar of the House, to abide its order in respect to contempt his of its rules.
Mr. UPSON. The resolution assumes that which is not in evidence before this body.
Mr. KASSON. I yield to the gentleman, retaining my right to the floor.
Mr. STEVENS. The Gentfrom Iowa [Mr. KAsson] will allow me to suggest that, in resenting this resolution, he is asking the house to vote an affirmation of facts of which it knows nothing.
Mr. STEVENS. I do not know whether it will or not.
Mr. FARQUHAR. I desire to say, Mr. Speaker, that if I have been arrested by the Sergeant at Arms of this House I am prepared to go in custody of that officer to the bar of the House to answer any charge that may be made against me. Sir, I ask the Gentfrom Iowa whether he makes the charge against me or against the Sergeant at Arms E. dereliction of duty. If the Sergeant at Arms arrested me why was I notjto the bar of the House? if I was in the custody of the Sergeant at Arms I am ready to appear at the bar.
Mr. FARQUEIAR. I do not yield to the gentleman now.
Mr. KASSON. I thought the gentleman asked me a question, and I wished to answerit.
Mr. FARQUEIAR. The Gentfrom Iowa rises in his seat and prefers charges ainst me that I have been absent from the house without leave; that I have been arrested by the Sergeant at Arms, and that afterward I forced myself into the House in violation of its order. Sir, I deny this utterly. I appeal to the record to show whether I have ever been arrested by the Sergeant at Arms or have ever forced my way into this House. if I am not misinformed the records of this House show that on the 1st call last night I was present. I was absent from the House when the doors were closed; but I came here volun tarily, without being arrested. I came here seeking to take my seat. I came to that door, and the Doorkeeper informed me that I could not come in. I demanded it as my right to come into the Hall of the HoRep. [Laughter] Gentlemen will please hold a little while. When I shall have stated the case they will understand it, I, am pleased, Mr. Speaker, that I am enabled to so edify and delight the distinguished gentlemen around me as to bring out such a burst of laughter when I tell them that I came to the door of the House and sought to come to my seat. I was informed by the Doorkeeper that the doors were closed, and that if I attempted to come iIn might bring them into trouble. I turned away pleasantly, and they sent word to
The SPEAKer, when the Sergeant at Arms stepped out and informed me that he had no warrant for me, invited me to my seat, and assured me that my record was all right. Now, sir, if that officer arrested me why was I not brought to the bar? He did not arrest me. I appeal to the Sergeant at Arms; I appeal to the record. Sir, I never flinch from any proper responsibility. if I. am amenable to House I am ready to go to its bar and answer. But, sir, whatever may be the fact in regard to that matter, is that any reason why I should not rise in my seat and call the attention of the House to the facts with regard to the gentlemen who have been before its bar today? I have done this as a matter of duty. I have not done it for the purpose of mulcting these genitlemen, toward each of whom I entertain the kindest personal feelings, for the amount of their fines, because I know that they will never be required to pay them. I have done it, as I before remarked, that the matter might go upon the records of the House as a precedent for the future. It was for this purpose, and this purpose alone, that I took the floor to move my amendment. if I am amenable to the House I am ready to go before its bar at any time.
The SPEAKER. The Chair will state that he has no recollection of having received any message from any of those gentlemen, who were in arrest for absence from the House without leave.
Mr. GRINNELL. The Gentfrom Indiana utterly denies the charge set forth in the resolution, and I make the point of order, therefore, that the resolution is not in order. The SBEAKER. The Chair overrules the point of order, as that is a matter for the House to determine.
Mr. KASSON. The Gentfrom Indiana so far from denying has admitted the charge.
Mr. FARQUHAR. I deny that I forced my way into the House.
Mr. KASSON. Why, there is not any ques "tion of the fact. It is proved by his own decla ration. Is it not correctly incorporated in the resolution that he forced his way into the House?
Mr. KASSON. I will not force the House on that. His declaration now made is that when he appeared at the door the door was closed, and he was told that he could not come in. Afterward he appeared again and the Sergeant at Arms stepped out. What that means I have no power to say; but the gentlemah from Indiana came in, and neither the Sergeant at Arms nor any other man had the right to revoke the order of the House closing the door. It was impossible for a member lawfully to come in after the doors were closed unless under the order that the Sergeant at Arms shall bring him in. When 30 or 40 members were this morning at the bar the gentleman was very willing and anxious that the full penalty should be imposed. If he puts the yoke upon our necks let him then gracefully }. it himself. I charge that the gentleman entered after the door was closed; that is the charge in the resolution, and he does not deny it. One more word. He says that he has not been under arrest. I presume no one of the 40 who were at the bar this morning was under arrest. The Sergeant at Arms came to my desk and said he had my name on his list, and then went away. That is an arrest by the common consent of the House; and when the gentleman was arrested he could not come into the House except on the order of the Sergeant at Arms. He could not have come in under the permission of
The SPEAKer would not have granted it, for it would have been unjust to others. I say he had no right to come in. He said the Sergeant at Arms did not bring him in, and that is the only way he could come in. If that is not forcing one's way into the House in violation of its rules I do not know what is.
Mr. ORTH. Mr. Speaker, we are told “blessed are the peacemakers.” I find myself now occupying precisely the same position before the House in regard to my colleague [Mr. FARQUHAR] which I occupied this morning in regard to. the Gentfrom Iowa, [Mr. I f. understand the resolution of the from Iowa charges that my coleague forced his way into this House. I understand, furthermore, that my colleague does deny the charge contained in the resolution of my friendfrom Iowa. I hope, therefore, he will not ask for its adoption at the present time. What I ask of my friendfrom Iowa is, that the mercy shown to him he ought to show to others. My colleague denies the fact stated in every particular; and I ask the Gentfrom Iowa whether, under this state of things, before proceeding to ask for the adoption of his resoution, it would not be better that the resolution should be referred to a select committee to examine and report on the facts?
Mr. KASSON. "I think the facts already sufficiently appear to the House. At any rate, whatever facts the gentleman has he can state at the bar of the House in.answer to the resolution. I say that is the place, at the bar of the House, for him to make his statement, and not here, in answer to the charge that he forced himself into the House. When he has made his statement he will be treated perhaps like all the others. That is all. He knows this is done in as good temper as anything which has been done this morning.
Mr. UPSON. The Journal shows that the gentleman answered to the roll call, and he therefore cannot be held to be in contempt of the House.
Mr. STEVENS. I move that the resolution be laid upon the table.
Mr. ROSS. I would inquire of the Chair whether the effect of this will be, if adopted, to prevent the Gentfrom Indiana from practicing in the courts of. the U.S.?
The SPEAKER. The Chair thinks it will not.
Mr. STEVENS. I move to lay the resolution on the table. The motion was not agreed to ayes 61, noes 65.
Mr. ORTH. I would inquire, if the House refuse to 2nd the previousquestion, whether it will not then be in order to move to refer the resolution to a select or standing committee?
Skip Skip The previous question was 2nded ayes 74, noes 41. Mr. LYNCH. I move that the House adjourn. The motion was disagreed to. The main question was ordered on the adoption of the resolution ayes 81, noes 35. Mr. MORRILL. I move to lay the resolution on the table. Mr. WASHBURN, of Indiana. On that I demand the yeas&nays. Mr. MORRILL. I withdraw the motion if it is to be taken by yeas&nays. Mr. Wos. of Indiana. I renew it. Mr. ORTH. And on iIt demand the yeas&nays. The yeas&nays were ordered. The question being taken, it was decided in the affirmative yeas 102, nays 48, not voting 41; So the resolution was laid on the table. McKee, McRuer, Mr. WASHBURN, of Indiana, mtRtv the resolution was laid on the table; upon the table. The latter, motion was agreed to. Mr. HARDING, of Illinois. I now move that the House adjourn.
The SPEAKER. The Gentfrom Illinois [Mr. Cook] is entitled to the floor on the consideration of business which was interrupt.ed at one o'clock by a question of privilege. He is entitled to the remainder of the morning hour. RECORDING OF WOTES.
Mr. HISE. I, ask the privilege of having my vote recorded on the bill which was before the House yesterday and this morning relating to the test oath.
The SPEAKER. The rule, to be found on page 192 of the Digest, adopted several years ago, forbids
The SPEAKer entertaining such a proposition, even by unanimous consent, after the result of the vote has been announced. It can only be done by suspending the rules on Monday. OFFICERS OF U.S. COURTs AGAIN. The House resumed the consideration of House bill No. 872, to amend an act entitled “An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the U.S., and for other purposes, ” approved February 26, 1853.
Mr. COOK. I move to amend the bill by inserting after $2,000, in the 2nd o of the 1st section, the words “per annum, including fees and emoluments received for services rendered by deputies.”
Mr. COOK. I move to strike out section two, as follows: That asP. of the compensation before allowed, there shall hereafter be paid to each and every U.S. marshal for each and every day of theyear a per diem compensation of 5 dollars, subject to no contingency whatever except removal from office, by death or otherwise. And to insert in lieu thereof the following: That when the entire compensation of any mar shal, including the fees and emolumentsreceived for services rendered by deputy, shall be less than $2,000 {er jannum, the difference, to be ascertained and all ury, by the proper accounting officer of the Treas shall be paid to him therefrom.
Mr. O'NEILL. I wish to call the attention of the Gentfrom Illinois [Mr. Cook] to the 2nd section of this bill, and to ask him whether the change proposed in that section will be likely to increase the salary of the U.S. marshal for the eastern district of Pennsylvania? I merely want to know for I do not want the salary of that official increased. I move now to strike out section 4 of the bill, which is as follows: SEC. 4.Abife:, That the criers and bailiffs of the courts of the U.S. appointed in pursuance of the act to which this is an amendment, shall be, allowed the sum of 3 dollars per day, to be paid by and included in the accounts of itnhe marshal, out of any money of the U.S. his hands. The compensation to be given only for actual attendance; and when both courts are in session at one time to be paid but for attendance on one court. And to insert in lieu thereof the following: That in lieu of the compensation now allowed to t9hfe criers and bailiff of the circuit and district courts the U.S. Philadelphia, Baltimore, cities of Boston, NewYork and Francisco by the 6th section NewOrleans fCaonnd. gress entitled “An act to regulate the fees and costs ctoirebueitalalonwded disetlreicrt kscomuratrsshofaltshean U.S and for other purposes, ” february 26, 1853, the criers and bailiffs of said courts shall be allowed and paid for their services the sum of $940, to by annndy mincolnuedyeidn in the accounts of the marshalf out of his hands. The object of my amendment is to change the phraseology of the law. These officials are now entitled only to so much per diem for an actual day's attendance, and so far as the district and circuit courts in Pennsylvania and NewYork are concerned these officials are actually in attendance almost every day. But on account of the change in prices, and the increased amount of duties imposed upon these men, I propose that they ji have a permanent salary of $940 per annum.
Mr. COOK. I move to recommit the bill with the amendments to the ComJudiciary. The motion was agreed to.
Mr. COOK. I desire to enter a mtRtv the bill was recommitted. The motion was entered. RETIREMENT OF TREASURY NOTES. On motion of Mr. WILLIAMS, the ComJudiciary was discharged from the further consideration of JtResolution of the House, No. 240, suspending the cancellation or retirement of legal tender Treasury notes for the term of 2 years, and the same was referred to the ComWays&Means. JURIES IN THE DISTCOL.
Mr. WILLIAMS, from the ComJudiciary, reported back, with the recommendation that it do pass, bill of the House No. 901, to regulate the selection of juries for the several courts of the DistCol. The bill was read. It provides that all grand and petit jurors to serve either in the criminal, circuit, or district courts, in and for the DistCol, shall be selected and designated in such manner and at such times as the judges of the supreme court of the DistCol, or a majority of the judges thereof, may determine: provided that the persons so des ignated ia.". citizens of the U.S., resident within said District, and shall be returned as the said judges may direct upon writs of venire facias. And when, by reason of chal lenge or other cause, there shall not be a sufficient grand or petit jury, the marshal or his dep duty shall, by order of the court wherein such defect of jurors shall happen, return jurymen detalibus circumstantibus sufficient to supply such defect; but in case the marshal of deputy are interested in the event of the cause, or not indifferent, the jurors aforesaid may be returned by such disinterested person as the court shall appoint; and to which person the court shall 1st administer an oath or affirmation that he will truly and impartially make such returns.
Skip Skip Mr. WILLIAMS. I demand the previous question on the bill. The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. Wo?o mtRtv the bill was passed; upon the table. agreed to. WACANCY IN PRESIDENTIAL OFFICE.
Mr. BOUTWELL, from the ComJudiciary, reported back, with an amendment, House bill No. 2, to amend the act declaring the officer who shall act as POTUS in case of vacancies in the office both of the President and VEEP, approved March 1, 1792, with a recommendation that the same do pass. The bill was read. It provides that in case of removal, death, resignation, or inability both of the President and VEEP the U.S., the President of the Senate ro tempore, and in case there shall be no {j of the Senate then
Mr. CULLOM. Is it the; of the Gentfrom Massachusetts [Mr. Boutwell] to put this bill upon its passage at this time?
Mr. BOUTWELL. That is for the members of the House to determine.
Mr. HALE. I perceive that the ComJudiciary have gone back to the old law and provided for the of electors within 34 days preceding the 1st Wed. nesday in December. For some years past we have had a law fixing the Tuesday after the 1st Monday in November. I would suggest to the gentleman the propriety of adopting that language in this bill.
Mr. HALE. The gentleman, I think, fails to appreciate the particular point to which I sought to call his attention. The old law in regard to the election of electors of President and VEEP provided that the electors should be appointed within 34 days receding the 1st Wednesday in December. y the present law a specific day has been fixed the Tuesday following the 1st Monday in November. This bill follows, in this respect, the provision of the old law. I suggest that it ought to be amended so as to conform to the present practice, by fixing the Tuesday after the 1st Monday of November as the day of election.
Mr. BOUTWELL. I should not object to that, although no action of the committee has been had in regard to that point. We left it according to the provision. old law, suppose that the SecyState, under the direction of Congress, would designate some day within the limits specified. The committee thought it might be wise to allow him that discretion.
Mr. HALE. I would suggest to the gentleman that under the construction given to the old law, that discretion would reside with the States, and not with the SecyState.
Mr. BOUTWELL. With the consent of the House I will amend the bill so as to correspond with the existing law, in accordance with e Sulo, of the Gentfrom NewYork [Mr. HALE] The amendment was read, as follows: Strike out the words “within 34 days preceding the 1st Wednesday in December” and insert in lieu thereof the words “the Tuesday after the 1st Monday.”
The SPEAKER. The Chair hears no objection, and the bill will be so amended.
Mr. JENCKES. The act as drawn is based on the act of 1792, while the amendment suggested by the Gentfrom NewYork is made to cqnform to existing law, and there is still retained the provision of the 1st Wednes day of December, instead of the time required bFyolayw,which is the 2nd Wednesday in And there is no provision in this bill for the administration of the duties of President between the day the result is declared and the 4th of March following. It seems to me from a hasty glance to be imperfect. I do not suppose it is the intention to alter the commencement of the term.
Mr. BOUTWELL. The committee is of opinion whenever there is an election for president or VEEP that election is for the term of 4 years.
Mr. JENCKES. I agree that it is the commencement of a new term of 4 years. It is the intention to have the term commence on the 4th of March. The mode of counting the votes is the same as under the law, but there is no time prescribed when the President shall take the oath of office.
Mr. BOUTWELL. If the bill be ordered to be printed and postponed as in the morning hour F. not object.
Mr. JENCKES. Letit be recommitted with a motion ing to reconsider.
Mr. . I move that the bill and amendments be printed, and that they be recommitted to the ComJudiciary. The motion was agreed to.
Mr. BOUTWELL. I now enter a motion to reconsider. J. Ross BRowNE’s REpoRT.
Mr. LAFLIN, from the ComPrinting,". the following resolution, and demanded the previous question on its adoption: Resolred, That there be printed for the use of the House 5,000 extra copies of the report of J. couRnotrsys. Browne on the mineral resources of the
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. LAFLIN mtRtv the resolution was adopted; upon the table. agreed to. FIRE ARMS, ETC.
The SPEAKER laid before the House 2 communications from the SecyWar, one respecting contracts for fire arms made since April, 1864, and the other respecting small arms fabricated at the Springfield arm. ory and purchased elsewhere; which were laid upon the table, and ordered to be printed. resident for the remainder of the TENNESSEE CONTESTED ELECTION CASE.
Mr. DAWES. I rise to a question of privilege, and call up the following resolution: Resolved, That o: Thomas, contesting the right of flon. Samuel M. Arnoji to a seat in this House as a Representative from the 6th congressional district of Tennessee, be, and he is hereby, required to serve upon the said Arnell, within 8 days after the passageof this resolution, a particular statement of o rounds of said contest: and that said Arnell be, and he is orequired to upon serve said the his answer thereto in 8 days thereafter, and that both parties be allowed 18 days, next after the service of said, answer, to testimony ine : take of denials their several allegations and in all other respects, in conformity to the requirements of the act of fêbruary is isi. except that, not more than 4 daysnotice shall be required for the taking of any deposition under this resolution. Mr. Speaker, if these parties desire to go on with their contest they will conform to this resolution. I do not think there is any pen alty attached to it. It is in the ordinary form, and the contestant is required to do this if he is to go on with the contest.
Skip Skip The resolution was agreed to. Mr. DAWES mtRtv the resolution was adopted; upon the table. agreed to. postoffice APPROPRIATION BILL.
Mr. STEVENS moved that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. DAwes in the chair,) and proceeded to the consideration of House bill No. 918, making appropriations for the service of the Post. Office Dept during the fiscal year ending June 30, 1868. By unanimous consent the 1st reading of the was dispensed with, and the Clerk proceeded to read the bill by sections for amendment.
Mr. KASSON. I am instructed by the committee to move to amend section 2 by inserting after the clause “for the mail steamship service between SanFrancisco, Japan, an China, $500,000, ” the following proviso: Provided, That so much of the act of Congressapproved February 17, 1865, authorizing said service, as requires the said steamships to touch at Honolulu, in the SandwichIslands, shall be, and the same is hereby, repealed; upon the expresscondition, however, that the contractors for said steamship service shall enter into contractto thesatisfaction of the PostMGenl, agreeing to establish within 5 months from the passage of this act, in lieu of said service released, a branch i. of steamship service carrying the U.S. mails between the port in Japan used the main line of steamshipsand the port of Shanghai, making continuous regular trips connecting with the main line, both on the outward and homeward voy es.under the direction of the PostMGenl, which serviceshall be performed by 1st class Amer cichaanrgseea going steamships, and without additional to the U.S.
Mr. CHANLER. I suggest to the chairman of the committee that this amendment may perhaps not be sufficiently definite to cover the object which the committee have in view, which I think is a good one. I do not think the term “American steamship” is sufficient. I think that the words “built and owned in the U.S. ” should be added. I make this suggestion in good faith.
Mr. STEVENS. We have used here the usual term, and not only that, but we sent the amendment itself to the company, and it was thoroughly examined and approved by them.
Mr. CHANLER. Very well, I only thought it might have been an omission.
Mr. SLOAN. I move to amend the bill on age 2.
The CHAIRMAN. It would not bein order, that portion of the bill having been passed.
Mr. SLOAN. I raise the question of order that the bill was read through before gentlemen were able to find it on their printed files.
Mr. SLOAN. Another point of order. The bill has not been read by sections for amendment.
The CHAIRMAN. The 1st reading was dispensed with by unanimous consent, so the Chair overrules the maint of order.
Mr. SLOAN. I ask unanimous consent to move an amendment.
Mr. STEVENS. I move that the committee rise and report the bill to the House. 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 special order, being bill of the House No. 918, making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1868, had made an amend." thereto, and had directed him to report e same to the House.
Mr. STEVENS. I call the previous question on the bill and amendment.
Skip Skip The previous question was 2nded and th main question ordered. Mr. SLOAN. I move that the bill and pending amendment be laid on the table. The motion was disagreed to. Mr. SLOAN. I call the yeas&nays. The yeas&nays were refused. The amendment reported from the ComWhole was agreed to; and the bill, as amended, was orderengross and raecacdoraditnhgirlyd time; and being engrossed, it was read the 3rd time. Mr. STEVENS. I call the previous question on the passage of the bill. Mr. HARDING, of Illinois. I move that the House adjourn. The motion was disagreed to. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. KASSON mtRtv the bill was passed; upon the table. agreed to. SMALL ARMS.
Mr. PRICE, by unanimous consent, submitted the following resolution; which was referred, under the law, to the ComPrintg: Resolved, That 500 copies of the communication from the SecyWar, in answer to a resolution of this House in reference to small arms, be printed for the use of the membersof the House. THE MILITIA.
Mr. BAKER. I ask unanimous consent of the House to offer the following resolution: Resolved. That the ComJudiciary be in rsetrquucitreedantoy inquire whether the public interests modification of the statute of. 28, 1795, entitled “An act to provide for calling fort the militia to execute the laws of the Union, suppress insurrections and repel invasions, and to repeal the act now in force for those purposes:” and particularly whether any change should be made as to the feirmstposwecetrieodn of said act, and that said committee be to report by bill or otherwise.
Mr. RANDALL, of Pennsylvania. I object. And then, on motion of Mr. 16. (at 35 minutes past 3 o'clock p. m.,) the House adjourned.
@@@IN SENATE SENATE. THURSDAY, January 24, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. The Secretary proceeded to read the Journal of yesterday, but before concluding was interrupted by W. CONNESS. I move that the further reading of the Journal be dispensed with.
The PRESIDENT protempore. It can only be dispensed with by the unanimous consent of the Senate. The Chair hears no objection, and the further reading is dispensed with.
Mr. RAMSEY, from the ComPostOffices, to whom was referred the JtResolution (H.R.No. 217) to allow members of Congress to inspect papers in the postoffice Dept, reported it with an amendment.
Mr. WADE, from the ComTerri tories, to whom was referred the bill (S.No.501) amendatory of an act to provide a tem porary government for the Territory of Montano, approved May 26, 1864, reported it with an amendment. He also, from the same committee, to whom was referred the bill (H.R.No. 523) to provide for the registration of electors in the territories of the U.S., reported it with an amendment.
Mr. WILLEY, from the ComClaims, to whom was referred the petition of Ethan N. Jenks, late a captain in the 7th regiment of RhdIsland volunteers, praying for allowances for pay for certain services from May 4 to September 9, 1863, submitted a report, accompanied by a bill (S.No.531), for the relief of Ethan N. Jenks, late a captain in the 7th regiment of RhdIsland volunteers. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. VANWINKLE, from the ComFinance, to whom were referred the amendments of the HoRep to the JtResolution (S.R.No. 90) to suspend temporarily the collection of the direct tax within the State of WestVirginia, reported in favor of concurring in the amendments of the House, with amendments.
Mr. ANTHONY. The ComPrintg, to whom was referred a motion to print a memorial of the merchants, manufacturers, mechanics, and others, of the city of Balti more, remonstrating against the passage of the bankrupt bill, have instructed me to report it back and ask to be discharged from its further consideration, under the general rule the committee have adopted not to print memo rials unless there be some special reason for it. The report was agreed to.
Mr. FESSENDEN, from the ComFinance, to whom was referred the bill (H.R.No. 896) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1868, reported it with amendments. PROSECUTIONS FOR SMUGGLING.
Mr. MORRILL. The ComCommerce, to whom was referred the bill (S.No.525) supplementary to an act to prevent smug gling, and for other purposes, approved Jul 18, 1866, have instructed me to report it bac with a recommendation that it pass, and I ask for its present consideration. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It provides that the act to prevent smuggling, and for other purposes, approved July 18, 1866, shall be so construed as not to affect any right of suit or prosecution which may have accrued under any prior acts of Congress repealed or supplied by that act previous to July 18, 1866, and that all such suits or prose cutions as have been or shall be commenced under prior laws for acts committed previous to July 18, 1866, shall be tried and disposed of and judgment and decree executed as if the act 18, 1866 had not been passed, anything therein contained to the contrary not withstanding. The bill was reported to the Senate, orderengross for a 3rd reading, and read the 3rd time.
Mr. MORRILL. Perhaps I ought to explain what this bill means before it is passed, and I shall do so in a single word. It is simply to supply an omission in the act of July 18, 1866. I will read the 44th section of that act: Sec. 44. Abife:, That the provisions of this act shall not be deemed to affect any action or proceeding or indictment pending at the time this act shall take effect; but the same shall be tried and disposed of, and judgment or decree executed as if this act had not been passed. The previous section repeals all the acts which were supplied by the act of July 18, 1866–repeals them absolutely and this section saves the remedy where the actions had already been commenced. It will be seen, however, by the general repealing clause, that all causes of action were not saved unless E. had been actually commenced. This ill is to supply that omission. The bill was passed. BILLS INTRoduced.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S.No.532) for the relief of the inhabitants of eities and towns upon the public lands; which was read twice by its title, referred to the Committee, on Public Lands, and ordered to be printed.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.533) to amend an act entitled “An act to incor porate the Washington Temperance Society of, the city of Washington, ” approved July 27 1866; which was read twice by its title, an referred to the ComDistCol.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.534) to provide for the allotment of the members of the Supreme Court among the circuits, and for the appointment of marshals for the Supreme Court and for the DistCol; which was read twice by its title, referred to the ComJudiciary, and ordered to be printed. OFFICERS OF NEW REGIMENTS.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent, and agreed to:. Resolved, That the SecyWar be directed to inform, the Senate whether any of the officers appointed, under, the provisions of the act to increase and fix the military peaceestablishment of States, approved July 28, 1866, the U.S. regiments have not joined their or stations, and if so, to report their names, sIgned, together to which ?osas wi c reasons why t have not reported for duty as ordered, y they House BILLS REFERRED. The bill (H.R.No. 253) to punish for the removal of dead bodies from the grave or other place of interment in the DistCol, was read twice by its title, and referred to the ComDistCol. The following bills were read twice by their titles, and referred to the ComJudiciary, namely: A bill (H.R.No. 668) to limit the time for bringing suits before the Court of Claims. A bill (H.R.No. 901) to regulate the selection of juries for the several courts of the DistCol; and A bill (H.R.No. 1038) providing for an additional term of the circuit court of the U.S. in the eastern district of Arkansas, and for other purposes. RAILROADS IN CALIFORNIA.
Mr. CONNESS. I move to take up for consideration Senate bill No. 461. The motion was agreed to; and the bill (S.No.461) to aid in the construction of the SanFrancisco Central Pacific railroad was considered as in ComWhole.
The PRESIDENT protempore. The bill will be read at length.
Mr. CONNESS. There is a complete substitute for the bill reported by the ComPubLands, and I hope the substitute alone will be read.
The PRESIDENT protempore. The committee to whom this bill was referred have reported an amendment, which is to strike out o after the enacting clause and to insert other matter. Only the words proposed to be inserted will be read, unless some Senator asks for the reading of the original bill.
Mr. STEWART. This bill in its present shape is a very slight aid to a very important railroad, running from Sacramento to the bay of SanFrancisco, at Vallejo, and also to may rysville. It grants no money and only 29,000 acres of land according to an exact report which I have from the ComrGLO. Most of the land on the route is either swamp or overflowed land belonging to the State, or private land held under grants from the Mexican Government, or absorbed by the grant to the Pacific railroad which goes by way of Stockton. The result is that the road provided for by this bill gets a very small portion of the land, only 29,000 acres for the whole length of the route. There would be several million acres for so long a route if we had the land to ant. The bill further provides that none of these lands shall be conveyed until the road is entirely completed. It amounts to little more than a congressional recognition. The land is worth but a few 1,000 dollars. The bill also gives the right of way where the road goes over the public lands. The grant is to the State of California for the use of that railroad company which shall construct the road. It will be perceived by the bill that there are 2 companies organized. They have made an agreement between themselves which is substantially embodied in the bill, and the com{a.n.yf. 1st constructing the road is to have the of the grant. It is perfectly satisfactory to all the parties. It is a bill that is entirely inside of safe precedents. Nobody is likely to ask for another such bill because it makes a very lean grant.
Mr. EDMUNDS. This bill has only been reported for a day or two. It was reported from a committee of which I am a member, and with the understanding, as I understood, that it should lie long enough to let us have an opportunity of examining the printed substitute, as it is very long. I have not had that opportunity; but on running it over when it was not in print, it occurred to me that there were one or 2 amendments that ought to be made; and with a view to enable me to examine Iit, move that the further consideration of the bill be postponed until tomorrow.
Mr. CONNESS. I have no objection to that if the Senator desires to examine it. The motion was agreed to. MARY J. DIX0N. On motion of Mr. WILLIAMS, the bill (S.No.503) for the relief of Mrs. Mary J. Dixon, of Alexandria, in the State of Virginia, widow of the late Turner Dixon, deceased, was read the 2nd time and considered as in ComWhole. It proposes to direct the SecyTreasury to pay to Mrs. Mary J. Dixon, of the city of Alexandria, and State of Virginia, widow of the late Turner Dixon, deceased, so much of the moneys, received by the U.S. at the sale of a house and lot, situated in Alexandria, as his property by the direct tax commissioners for non-payment of the direct tax assessed on the premises, as the Secretary shall find to be in excess of the tax and the costs and expenses of the sale of the property. The bill was reported to the Senate without amendment.
Mr. GRIMES. I call for the reading of the report in that case.
The Secretary read the following report, made by Mr. WiLLIAMs on the 14th instant. The ComClaims, to whom was referred the petition of Mrs. M. J. Dixon, respectfully report: That on the 5th of May, 1861, she, in company with her husband, left her residence at Alexandria, Virginia, to visit a brother in law in Fauquier county, Irginia. That Mr. Dixon was afflictedwith a chronic disease, and was accustomed at that season of the year, for the benefit of his health, to make a similar visit. That after leaving as aforesaid the war, broke out, and they wore unable to get through, the military lines so as to return, as they intended when they left, That when the flag of truce system was established
Mr. TRUMBULL. I have some recollection of that case: I think the papers were once before the ComJudiciary. I did not hear all of the report; but according to my recollection of it, if we pass this bill it will be establishing a dangerous precedent. Is every party who has lost his title to land under the law to be permitted to come in after the time has expired and redeem it; or does this bill simply provide for paying money out of the Treasury which has been received 2I will inquire of the Senator who reported it, whether the design of the bill is to revest the title in the party, or to refund the money?
Mr. TRUMBULL. Will the Senator allow me to inquire whether the husband was living when this property was sold, and whether he was not a disloyal man?
Mr. WILLIAMS. I am not advised as to the particular views or opinions of the hus band; there is no evidence on that subject. I think in May, 1861, or early in the year 1861, this man, who was an invalid, who had a chronic disease, visited another part of Virginia for the purpose of improving his health. He had been accustomed to make that trip during the sum mer months. He fell sick, and was sick a long time, and died, and there was no opportunity for him to attend to the matter, because he was not only too sick to attend to it, but there was no communication between the place where he was living and the city of Alexandria. They left an agent in Alexandria to look after the property, and he proposed to pay the tax after it was levied, but the commissioner would not receive it. The evidence shows that the left their household goods and effects there. an evident intention to return to Alexandria as soon as possible, but they were prevented by the breaking out of the war, by the sickness and death of the husband, and by the illness and misfortunes that attended the petitioner. I will say that the committee did not take into consideration the merits or demerits of the husband, for he died 2 or 3 years ago; but they were very unwilling to grant any relief of this kind until the loyalty. the petitioner was established beyond all question; and I think there is no doubt on that subject. I not only learn that from the evidence in the case, but I learn it from parties outside of the case.
Mr. TRUMBULL. It seems that the loyalty of the husband has not been inquired into. If this is the case that was once before the ComJudiciary my recollection of it is not now sufficiently distinct to enable me to state the facts in regard to it; but it seems to me it might be a very important inquiry to ascertain whether the husband was disloyal or not. If he was a disloyal man, aiding the rebellion when this property was sold, it might be veryquestionable whether the proof that his. was loyal would justify her coming in at a subsequent period and redeeming the land from sale.
Mr. WILLIAMS. I can say in answer to that that the husband gave the rebellion no aid and comfort, because he was a helpless invalid and unable to take care of himself, and his wife accompanied him for the very purpose of taking care of him. He had a chronic disease which was very debilitating, and he died from the effects of that disease. What his particular views or sympathies were as to the rebeklion is not known to the committee; no inquiry was made upon that subject; but the evidence is perfectly conclusive that he gave no aid to the rebellion because he was notable to take care of himself.
Mr. HENDRICKS. I think this case ought to be a suggestion to the ComFinance to make some general regulation on this subject. Where a man's property is sold for taxes not paid, and a large amount of property is sold and there is a great excess, that does not belong to the Government. That excess, without any legislation on the subject, ought to be paid to the owner. A man's property is sold simply to make the taxes. That is the principle of all the State legislation that I am acquainted with, and it ought to be a general regulation. If a person's property is sold for taxes, and there is an excess, that excess should be paid to the owner.
Mr. FRELINGHUYSEN. It was on the principle stated by the Senator who has just addressed us that the committee were very much influenced. The whole tax is paid, and this bill only remits to a helpless widow woman, whose loyalty was established, and who made every exertion to reach Alexandria in time to redeem her property, the amount in excess of the tax and costs of sale; and it was looked upon by the committee as a harsh case for the Government to hold that excess.hands.
Mr. HOWE. The committee did not consider the question suggested by the Senfrom Indiana at all, and did not suppose that this was a case which would call for the application of any such rule if Congress should see fit to adopt such a one. The only thing the committee attempted to do by this report was, to relieve against the effects of a casualty, an accident beyond the control of the party seeking to reach her home in time to redeem, her property under the law as if stood; but by a series of accidents, railway accidents and disease, she was prevented from getting there until ten days after the time expired. If she had been ten days earlier, as she would have been but for these casualties, she would have redeemed it under the law as it stands; and in asmuch as the only relief she asks for is the refunding of the excess now in the Treasury, and as the party holding the estate, taking cognizance of these accidents, is perfectly willing to relinquish the title by getting back the money that he paid, we all thought it was only an honest act for the Government to refund that amount. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. CREDENTIALS.
Mr. CATTELL. I ask leave to present the credentials of Hon. FREDERIck T. FRELINGHUYSEN, elected by the Legislature of NewJersey to fill the vacancy occasioned by the death of Hon. William Wright. The additional certificate required by the act of July 25, 1866, has been forwarded by the Governor of the State to the President of the Senate. The credentials were read.
The PRESIDENT protempore. The Chair will state that he has received a certificate from the Governor of the State of NewJersey cer tifying to the same fact, and this certificate together with the credentials, will be placed on the files of the Senate. The oaths prescribed by law were administered to Mr. FRELINGHUYSEN, and he took his seat in the Senate.
Skip Skip MESSAGE FROM The HOUSE. A message from the HoRep, by Mr. McPHERSoN, its Clerk, announced that the House had passed a bill (H.R.No. 918) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1868, in which it requested the concurrence of the Senate. PENSION AGents. The message further announced that the House had disagreed to the amendments of the Senate to the amendment of the House to the bill (S.No.69) to provide for the payment of pensions, asked a conference on the disa: votes of the 2 Houses thereon, and adappointed Mr. SIDNEY PERHAM of Maine,
Mr. JOHN F. BENJAMIN of Missouri, and Mr. Nelson TAYLoR of NewYork, managers at the same on its part. The Senate proceeded to consider its amendments to the amendment of the House to the bill; and, on motion of Mr. LANE, it was Resolved. That the Senate insist upon its amendments to the amendment of the HoRep to the bill of the Senate No. 69, and agree to itnhge vcoontefesroefntcheeatswkoedHboyustehset Hheoruesoen.on the disagree rdered, That the conferees on the part of the senato be appointed by the President protempore, THE TARIFF BILL.
Mr. SPRAGUE. Let me ask the Senator to point me to aois not prosperous in its manufacturing which has a commerce. Where is the country divested of manufacture that has a commerce?
The Secretary read the amendment, which was to insert in the free list, after line 30 of section 18:. Books, maps, charts, and other printed matter specially imported in good faith for any public library or society incorporated or establishedfor o: ical, literary, or religious purposes, or for the encour agement of the fine arts, or for the use of any college, academy, school, or seminary of learning in the U.S.
Mr. EDMUNDS. Having examined these questions more critically since yesterday's session, I am satisfied that the amendment which I proposed will effectuate all the useful purposes I designed for it by striking out all that it contains after the word “arts, ” and I believe that will be satisfactory to the Committee of Finance.
The PRESIDENT protempore. The Senfrom Vermont modifies his amendment by striking out all after the word “arts.”
Mr. TRUMBULL. I should like to hear it read, then.
The Secretary read the words proposed to be inserted, Books, maps, charts, and other printed matter specially imported in good faith for any public library or society, incorporated or established for F. ical, literary, or religious purposes, or for the encour agementof the fine arts.
Mr. SUMNER. Mr. President, by the existing law it seems to me the Senfrom Indiana forgot public libraries and literary societies receive books, maps, and engravings free of duty. It is now o to change the existing law, so that public libraries shall no longer receive books, maps, charts, and engravings free of duty. Now, it is a little curious that this moment is seized for this important change, which I must call retrogressive in its character. It seems like going back to the dark ages. We made no such change during the war. We went through all its terrible trials and the No. taxation without any such proposition. Now, that peafe has come, and when we are c. ” to mitigate taxation, it is proposed to add this new tax.
Mr. HENijRicks." Will thosenator allow me to ask whether he regards this bill as a mitition of the taxes upon goods brought from foreign countries?
Mr. SUMNER. I am not discussing the bill as a general measure.
Mr. HENDRICKS. I thought the Senator spoke of the present effort to mitigate taxation.
Skip Skip The question being taken by yeas&nays, resulted yeas 22, nays 13; 11. So the amendment to The amendment was agreed to. Mr. BROWN. I desire to say in behalf of my colleague, [Mr. HENDERson] who is absent from the Senate today, that he is detained at his room by sickness.
Mr. SUMNER. I now offer an amendment which is naturally associated with the one on which the Senate has acted, to put maps, charts, and engravings executed prior to 1840 on the free list by inserting on page 102, between lines 97 and 98 of section 8 een, these words: Mars. charts, and engravings executed prior to I have no desire to say anything about this matter in addition to what I have already said. It seems to me a very plain case. There can be no competition with anything here at home; and I would give entire hospitality to every such product from abroad.
Mr. SUMNER. I do not wish to protract the discussion. I will be very brief. I have already said that in putting these on the free list you do not so far as I understand interfere with any existing interest of our country. Then again, the revenue that will be derived from these items would be very small, and such as it is it would be paid by persons who are bringing into the country something that we ought to thank them for introducing. When they are doing that I do not think it advisable for us to tax them. I would encourage them to bring into the country every map, chart, and engraving executed before 1840 because it will be for the public advantage; it will be valuable in every collection of books in every private library; it will be consulted by students, by scholars, and, as I said a moment ago, it will help to elevate the public taste. Now, it so happens that these very articles become of additional value often from their very antiquity. The Senator says the duty is small; it is only 15%.; but suppose for instance an engraving or map, which from its rarity is worth 50 dollars
Mr. FESSENDEN. Allow me. We act on a principle directly opposite to that with regard to works of art. Take for instance a painting by a master; it is valuable in proportion to its antiquity, to its age, sometimes. We impose there an additional duty according to the increased value of the work. We impose a duty of 30 dollars on every painting to keep out cheap paintings; and after that there is an increase of ten%., I think I speak from recollection upon the value as the value increases. That is on an exactly opposite principle to that now contended for; and if you are to carry this out ou may just as well go back to valuable paintings and say “the more valuable the better; they should come in free.” The object is in this particular revenue; and revenue should be paid when these things are imported by those who are able to import them and able to pay revenue. If they are imported for the use of libraries and societies of the kind named in the amendment of the Senfrom Vermont they are covered by thatamendment which has been adopted. But if people of wealth choose to import old and valuable books, engravings, &c., it is proper that they should pay a revenue duty; we do not impose a large one.
Mr. SUMNER. It is not a large duty, the Senator says. The duty on these valuable pictures he puts at ten%., but the duty on maps and engravings he puts at 15%.
Mr. FESSENDEN. There is a specific duty in the 1st place of 30 dollars on every painting.
Mr. SUMNER. But take one a valuable painting; the specific duty of 30 dollars. to the ten%. would not be very inu Ch.
Mr. FESSENDEN. It is ten dollars on every 100; it advances,
Mr. SUMNER. Take a very valuable painting when the price is 1000s of dollars.
Mr. FESSENDEN. Ten dollars on the 100 would amount to a pretty large sum.
Mr. SUMNER. Still it is only ten%. The point on which I was when the Senator interrupted me was this: that there are many maps and engravings of very great value from their rarity; $50, $100, $200, $500 are some times paid for these rarities. Now, the question is whether we will make the person who is disposed to purchase one of these works of art such they are pay an additional tax of 15%.
Mr. CONNESS. Whether we will cheapen them or not?
Mr. SUMNER. As the Gentfrom California happily puts it, the question is whether we will cheapen them or not. I say cheapen them; I say bring them into the country, and be grateful to those who do bring them into the country. Now, I hope that the Congress of the U.S., in this year of light, will not set up a Chinese wall against any such acquisitions. Let us invite them: let us receive them with open arms.
Mr. WILLIAMS. Mr. President, all the necessaries of life are highly taxed by this bill. Every man pays a tax upon the salt that he uses. Every man pays a tax upon the bread that he and his family consume. Every man ays a tax upon the clothing of himself and family. A. now it is proposed, notwithstanding the necessities of the country, to demand high taxes upon these necessaries of life to exempt what are luxuries to the rich in the country. I consider that an offensive discrimination against the people who are not able to purchase these valuable books and these fine paintings, to which the Senator has referred. I appreciate the argument which he advances. I know how much advantage it is to the country, how much it would tend to improve the intelligence and taste of the country to have these valuable books and paintings introduced free of duty; but, sir, the necessities of the country require that we should raise a revenue, and I say that where ever it is practicable the duties should rather be imposed upon luxuries and the elegancies of life than upon the necessaries and those things which are of universal consumption. It is upon that ground that I oppose this amendment and all such amendments. There is a great burden of public indebtedness upon the people of the U.S., and every tariff, as far as practicable, should equalize that bur den upon all classes, and not undertake to exonerate one part of the community and add to the burdens of another, and particularly exempt those who are best able to pay duties.
Mr. CONNESS. In view of and in presence of these 2 angels of light and of darkness, I might reasonably be expected to be silent; but although I am complimented by being in such presence, I am not pleased with the disposition made of, and the location of the angel of darkness on the Pacific coast, (I feel a little interest in that region,) while the angel of light is located, as my friendfrom Maryland [Mr. CREswell] suggests, at the “hub of the universe;” but I was going to locate him at Cape Cod.. [Laughter] The Senfrom Iowa [Mr. GRIMEs) suggests that they are respectively at the Orient and the Occident. The thing is capable of infinite illustration as presented. But, sir, to come to the facts on this subject; if we follow out the principle suggested by the honorable Senator who represents the excellent angel I do not know where we should stop. I should like to have the country have all the advantages that are promised it under this amendment and like provisions; but really in face of the taxes with which the country is burdened, with which the industries of the country are borne down, it does appear to me to be not wise, nay, in the face of our constituents and their needs, not in good taste at this time to admit luxurious articles free of duty. I join with the honorable Senator, to some extent at least, in the enjoyment of the articles that he proposed to admit free of duty; but I cannot vote for it under present circumstances; and I hope the senator will not travel so far in the regions of light and knowledge that his friends who belong to the same party shall not be able to keep within reasonable reach of him.
Mr. SUMNER. Mr. President, it is because I hearken to the needs of my country that I make the proposition I do. I am not to be led aside by the picture the Senator draws of other necessities. Let us respect all the necessities of the people; but among the foremost neces. sities are those of public instruction, and it is of those I am an humble representative on this floor. The Senfrom California may if he chooses treat that representation with levity; he may announce himself an opponent of the policy which I would try to establish for m country; he may set himself against o insist is a fundamental principle of republican institutions, that knowledgeshould not be taxed; he may go forth and ask for a taxation on books and on public libraries, and if he chooses let him carry the principle still further and tax the public school. Let him do that to be consistent with himself. I hope that he will allow me, so far as I can, to speak for what I believe to be the true need of the country.
Mr. CONNESS. When we come to speak of needs, there are needs of many kinds. We have been treated today by the Senator to a speech to which I have listened certainly with eat pleasure, as Ialways do to the eminent Senator. He has called the proposition he has put before the Senate “a fundamental principle.” Well, sir, there is a great deal in a name. ow, it appears to me that if he had not break fasted this morning we should scarcely have been treated to so good a speech; and that breakfast, although it comes as a matter of course, may also be regarded as a fundamental principle. I think it is, and it is the basis of the excellent speeches we have received from the Senator. We tax nearly everything that that fundamental principle was made up of; and I presume the Senator pays his proportion of that tax. commonly to us we should not therefore for get them, nor forget to enumerate them, nor forget to take exact cognizance of them, nor constantly be kept in the dazzle of the light and splendor of those things that charm the mind. There are other considerations, though made common to us all by constant use, quite deserving of our consideration.
Mr. HENDRICKS. I do not choose, so far as I am concerned myself, to allow the statement of the Senfrom Massachusetts to go without a response. He likens his proposition to the policy of supporting the common schools, and intimates that we who oppose his amendment should oppose the free school system in the country. Sir, there is no comparison. It is not the same case at all. The common schools are to give an education to all the people, a system in which everybody has a ben efit. But take the other case by which he illus trated his argument. He as a learned gentleman desires to purchase from Europe a rare map, published before the year 1840, costing 50 dollars, for the benefit, not of the common masses of the people, but for the gratification of his own individual cultivated taste. Now, I want to know, when everybody is being taxed, why he should be allowed to bring in a foreign map for his personal use and gratification, and not at all for the benefit or gratification of the people, free of duty, while the laboring man pays a tax upon the coat in which he labors. If he takes the school books, I say to him that the school books are not brought from abroad; they are from the American mind and the American press. These rare productions that he speaks of are not for the benefit of the masses, but for the gratification of the few; and his proposition is simply to exempt from taxation an intellectual luxury, thereby throwing an undue proportion of the burdens of Government upon the masses of the people. The amendment to the amendment was rejected.
Mr. SUMNER. I now move to place books printed prior to 1840 on the free list, by insert.ing on page 99, between lines 30 and 31 of section 18, the words: “books printed prior to 1840.”
Mr. FESSENDEN. I hope this amendment will not be adopted. It will be noticed that we have already adopted an amendment allowing associations for literary, scientific, and artistic purposes to import free of duty foreign books in good faith for their use. If they want rare books and valuable books they will under that H.import them and place them in their ibraries. I am opposed to going further and exempting individuals who are able and may choose to import these old and valuable rare books from all duty upon them. I agree with what has been said by the Senfrom Indiana [Mr. LANE] upon that subject. The duty as already laid is very low, only 15%., and I hope the Senate will adhere to the position which the committee have taken on the subject.
Mr. SUMNER. The argument of the Senator is that because the duty as already laid is low, therefore we had better adhere to it. Now, every argument for making the duty low is equally strong against having any duty on the subject. There is no reason that could have influenced the committee in favor of reducing the duty, which is not equally strong in favor of removing the duty. '
Mr. FESSENDEN. The Senator will excuse me. We have to look to revenue. If you raise the duty very high on rare books they are not likely to be brought in, so that then we should not get revenue. We thought that a low duty might encourage importation and give revenue; but if you made them free we should get no revenue.
Mr. HOWARD. If the principle which the honorable Senator insists upon be a correct one, I desire to ask him why he would limit the subject to the year 1840?
Mr. SUMNER. If the Senator wishes I will answer. I have already stated that I took the date of 1840, because I found it in the bill; it had been selected by the committee as dividing the line between different scales of taxation. supposed, therefore, it had passed under the consideration of the committee, and I did not think it worth while to interfere with it. Then, as the Senator will see, between now and 1840 is near a generation; and it seemed to me that any work published one generation ago was so far removed that it could not interfere with what I call the practical interests of the book trade.
Mr. HOWARD. If the general proposition be true, that books imported into this country not to be taxed, the principle applies as well to books published since 1840 as to books published before 1840. I can see no reason whatever for drawing the line of demarkation between the 2 descriptions of books in the manner suggested by the gentleman's amendment. But, sir, in point of fact there is no such principle according to my judgment. I do not see any good reason in polities or mor als why we should exempt books published in a foreign country entirely from taxation. I do not think there is any. If there be any force or validity in the idea of protection to our own domestic industries, there is as much necessity, I apprehend for extending that protection to American publishing houses as to any other branch of American industry. Why not? And, sir, I do not admit the principle that a tax upon books or maps or engravings is a tax upon knowledge. It is very easy, and there is no gentleman more dexterous at it than my friendfrom Massachusetts, to invent phrases; and he has furnished the Senate with a repetition upon this occasion of what he has a heretofore very frequently, by using this term, “a tax upon knowledge.” I agree entirely with the views taken of this matter by my friendfrom Indiana, [Mr. LANE] We tax almost every article that enters into the comfort and even subsistence of the school boy or school girl who attends the primary school, and the Gentfrom Massachusetts makes no complaint against this; but when we undertake to tax foreign literature, books published in a foreign country, not one of which ever finds its way into a common school in this country, the Senfrom Massachusetts makes the outcry that we are taxing knowledge I do not so understand it.
Mr. SUMNER. The Senator does not mean to do me injustice; but of course he does not remember my votes here. I have always voted and spoken against any tax on school books. We have taxed in our internal taxation school books. To my mind the tax was odious; it was almost like the word “white” in a constitution.
Mr. HOWARD. I had not stated that the Senfrom Massachusetts was in favor of taxing school books, but I can draw no distinction myself, so far as taxation is concerned, between the ordinary means of subsisting a family and the means of giving that family an education at the common school or anywhere else. The phrase “a tax upon knowledge”, has in my view very little meaning, and still it is one of those pleasant phrases which undoubtedly will have its effect in some quarters upon the public mind. If we are to raise a tax for the purpose of paying our debts, I am in favor of imposing that tax as equally as practicable upon all the branches of industry and production in the country; and I see no reason under Heaven, and think there is no reason, why foreign books published before 1840 or after 1840 should be entirely exempt from taxation. As to the amount of revenue to be derived from that source, I know but very little about it. I know, however; that some revenue would be derived from it, and that is sufficient for me. The Senfrom Massachusetts says that such a tax is a tax upon knowledge. Well sir, the knowledge of books and the use o books is not the only knowledge pertaining to the human mind. Books are not the only means of knowledge communicated to the mind. Mathematical and philosophical in struments in the world of science are as necessary, let me say to the learned Senator, as books, and still this bill now before us imposes upon philosophical and mathematical instruments a duty of 35%. adva lorem. Why does not the Senator complain of this? Is it not as necessary that our colleges and our lecture rooms ja be supplied with mathematical and philosophical instruments as that their libraries should be filled with foreign publications?
Mr. SUMNER. I intend to move an amendment on that point.
Mr. HOWARD. I dare say the Senator will move it. I should expect it as a matter of course; it would be entirely in harmony with his other motions; but I shall vote against all such motions, as I do against his motion to exempt maps and charts and engravings. The thing, in my mind, is absurd, and I shall therefore vote against his contemplated proposition as I shall against his pending one.
Mr. SUMNER called for. yeas&nays, and they were ordered.
Mr. KIRKWOOD. I desire to ascertain if I am correct in the memorandum I have made with reference to this matter. I understand that the present tariff imposes a duty of 20 5%. on the books now proposed to be exempted by the Senfrom Massachusetts.
Mr. KIRKWOOD. No i that is the proE.tariff as reported by the ComFinance, but the present tariff is 25%., I think.
Mr. KIRKWOOD. By looking at the report submitted by Commissioner Wells it will i. seen that in the tabular statement in which he gives the present tariff the rates imposed by the House bill of last year and the proposed rates by his bill these books, which by the present tariff pay 25%., are placed in the House bill at 20%., and he proposed 15%., which rate the committee have adopted. Thus, it is apparent that if the bill passes in the form proposed by the committee it is a reduction of ten%. on the existing rates of duty on these articles. I think the Senfrom Mas. sachusetts should be content with that. If he gets the rate reduced from 25 to 15%., when the taxes on everything we eat and wear are being raised 20, 30, 40, or 50%., f think that he ought to be content.
Mr. SUMNER. Personally I am content with anything. I am trying to do what I think best for the people. I may be mistaken in my judgment; and when I see so many distinguished Senators so earnestly differing from me I certainly am led to call in question my conclusions; and yet considerable reflection and some experience in dealing with this question have always brought me around, if I may say so, still more strongly than ever before to the same unalterable conclusion. I feel that in imposing this tax you make a great mistake. The tax is small. When I say that it is a o great mistake I mean that it is because it is a bad example, and because just to the extent of its influence it keeps knowledge out of the country. However, I will not say anything more on that head. The question being taken by yeas and mays, resulted yoas 5, nays 32; 15. So the amendment to the amendment was rejected.
Mr. SUMNER. I now propose to put mathematical instruments and philosophical apparatus, imported expressly and in good faith for any public, scientific, or collegiate institu.tion, on the free list, by inserting on page 102, between lines 98 and 99 of section 18, these words: Mathematical and philosophical apparatus in ported oscientific, or colleagniadteiningstoiotudtifoanit, h, infcoorrpaonryapteudblioc, r eeistty abolirshtoewdnb. y the U.S or by any State, Without some such provision the Smithson ian Institution here in Washington, and colleges and other public institutions throughout the country importing philosophical apparatus, will be obliged to pay a tax. That is the whole case.
Mr. FESSENDEN. There is a double ob. ject here: 1st, to raise revenue, and 2nd, to protect our own manufacturers. he amendment to the amendment was rejected.
Mr. KIRKWOOD. I move to amend the amendment of the committee by inserting after “basswood” in line 9 of section 16, on page 93, these words: And fencing boards of whatever material, from tinwcehlveintothsicixktneeesns, feaentdinnoletngmtho, renothtamn osriex tinhcahnesonine width.
Mr..o.I should like to hear some explanation of at.
Mr. KIRKWOOD. In section 16 it is provided that there shall be a duty of one dol r per 1,000 feet “ on sawed boards, plank, deals, and other lumber of spruce, hemlock, whitewood, und basswood.” It is further provided in the same section that “on all other varieties of sawed lumber” there shall be a duty of 2 dollars per 1,000 feet, board measure. In the State where I live, it is well known perhaps to all members of the Senate, timber is very scarce. Pine lumber is mainly our fencing material. By the bill as it now stands pine lumber for fencing is taxed at 2 dollars per thousaad feet. If the amendment which I offer shall prevail it will be taxed at one dollar per 1,000 feet. It seems to me that this should be done. Fencing the prairie is a very expensive item to those who are making farms upon it. fencing Without we cannot produce grain. In order to fence our lands we must have pine. I do not see why basswood boards should come in at one dollar 1000and pine boards at 2 dollars. Let us have the material we use for fencing our farms on the prairie and producing the grain you eat at as low a rate as we can: have it.
Mr. WILLIAMS. I should like to inquire of the Senator if the people of Iowa use imported pine lumber for fencing purposes, or do they use the lumber produced in this country?
Mr. KIRKWOOD. We use pine almost exclusively, a large proportion of which I understand is brought from Canada to Chicago and then sent by railroad to our State. We do not ask that lumber for all purposes shall The thus favored; but it seems to me that fencing lumber alone, that which is essential to us in the production of our products, should be ol. as low as any other lumber that is prouced. I have shown the Senate the discrimination that is made by the section as it stands; the 1st clause which l read imposes one dollar per 1,000 feet on spruce, hemlock, white wood, and basswood lumber, and excludes that material which we use exclusively for fencing pine. I propose to insert that in that class.
Mr. FESSENDEN. This matter is interesting to several sections of the country where they wish some protection upon lumber. We have already reduced the duty upon all varieties of lumber in point of fact somewhat from the existing tariff, and that is owing to the fact that so large a proportion of the community are interested in lumber for building purposes as well as other purposes all through the country. My own State is a lumber producing region. The lumber from the adjacent Provinces of NewBrunswick and Canada comes directly in competition with ours. And yet in considering this question, taking the interests of the whole country into view, the duties upon lumber should be i. as low as they can be placed consistent with affording a reasonable protection, considering the different rates paid for labor in our country and in the adjacent Provinces; and they are fixed therefore at the rates specified in the bill. The Senate will notice that on no description of pine does the existing tariff levy a duty below 2 dollars, and in some cases on some particular varieties it is carried up to 3 dollars. This bill brings it all down to 2 dollars. But the great objection to the position as sumed by the honorable Senator is this: supposing that there was any reason to discriminate between fencing lumber and lumber imported for the purpose of erecting houses, it would be very difficult to tell what kind of lumber was used exclusively for fencing and for nothing else; and when the pine lumber was imported it could be used for almost any Polo
Mr. KIRKWOOD. My amendment describes the lumber fencing boards from 12 to 16 feet in length, not more than one inch in thickness and not more than 6 inches in width.
Mr. KIRIXWOOD. I certainly should be very glad to have the assistance of the Senfrom Maine in reducing the duty upon building lumber as well as on fencing lumber; and if it will secure his support to the amendment I will modify it so as to cover ordinary lumber for building purposes as well as pine for fencing purposes.
Mr. FESSENDEN. In that case you might as well take off all the duties, and then our lumbermen would have no protection. That would be the result of it. They are entitled to a reasonable protection.
Mr. CHANDLER. I hope this amendment will not be adopted. I look upon the bill as it stands in this respect as too low, and I intended to move that this rate be raised to 3 dollars instead of two. It is perfectly well known that all the great value of lumber is in the labor and in the transportation. The logs and stumps have merely a nominal value; but while we in the U.S. are paying to our common laborers 2 dollars a day, in the British Provinces they are today paying but from 75 cents to one dollar a day; and 2 dollars 1000feet is not an adequate protection to the lumber manufacture. I will await the action of the Senate on this amendment; I had better leave my amendment for another time; but I was going to say that if it was in order I should move now to amend by inserting “three” instead of “two.” That motion I shall make at the proper time. Our lumber dealers assure me that 3 dollars is as low a duty as ought to be affixed to lumber. I hope, therefore, that this motion will not prevail, and give notice that I shall move an increase.
Mr. HOWE. Mr. President, I wish to remind the Senate simply of this fet: that if protection is due as a matter of right from the Government to any interest, any business, any enterprise in the U.S., it is probably due as much to this business of lumbering as to any other. It ought to be remembered that the Government has sold in certain portions of the country immense tracts of land valuable for no purpose in the world except for the timber there was on them. Now, the cost of turning that timber into lumber is very much enhanced; every article that is used by the lumbermen is very heavily taxed; the price of labor is very much increased; and in most portions of the country where this timber is it is quite contiguous to large forests of the same kind of timber in Canada, which is being manufactured into lumber without experiencing these difficul ties. The effect, therefore, of leaving this particular industry without protection is to substitute in the American markets the Canadian forests for the forests you have just sold and the money and put it into the Treasury. I o not think that is the right thing to do. This duty is but a very inconsiderable one, as has been said by the Senfrom Michigan, and when applied to the particular variety or description of lumber which is included in the motion of the Senfrom Iowa it is quite in significant. His motion has reference to lum ber described as 6 inches in width and of an inch in thickness, those kinds of lumber which are used for fencing, and flooring, among the most valuable descriptions of lumber in the market, selling higher than any other description, except that which is denominated clear, and much of this is clear. Though flooring is often one and a quarter inches in thickness, it would include all the varieties of lumber which are used in sheathing, flooring, and fencing.
Mr. KIRKWOOD. Sheathing is over 6 inches wide.
Mr. HOWE. No; ordinarily not. Much of it is wider, but sheathing I mean for close match work should not be more than 6 inches in width. While the duty is not at all oppressive upon this variety of lumber, it is the judgment of those engaged in the business that it is bringing them in very severe competition with manufacturers on the other side of the line to reduce it to so low a figure as 2 dollars. I certainly hope that the Senfrom Iowa will not insist upon the amendment, and that the Senate will not agree to it. The amendment to the amendment was rejected.
Mr. FRELINGHUYSEN. 20 and 35 20 cents on linseed, and 35 cents on the oil. Of course the American crusher does not want so high a duty on the raw material, because he has to get it from abroad; but he does not care so much how high the duty on the raw material is provided there is a corresponding duty upon W. oil, so that when he is obliged to pay the duty on the foreign seed he shall not be ruined by having the foreign oil come into the country. I suggest to the Senfrom Ohio the acceptance of that proposition: 20 cents a bushel on the seed and 35 cents a gallon on the oil.
Mr. WADE and Mr. SHERMAN. Both the same.
Mr. FESSENDEN. I thought the rates were 23 and 30 cents, and I think now I am right.
Mr. WADE. I want them both on the same footings,
Mr. FESSENDEN. I know the Senator does, and he wants them on the same footing for this simple, selfish reason: that the trade of crushing seed and manufacturing oil on the sea coast may be utterly destroyed for the benefitof the crushers of seed and the manufacturers of oil in the West. That is the simple truth about it; and there is no possibility of getting rid of it, in my view.
Mr. WADE. Your view is a very charitable one!
Mr. FESSENDEN. What I said was, that the proposition was a selfish one, because it was an attempt to crush out all these manufacturers at the East for the benefit of the manufacturers of the West.
Mr. WADE. No, sir; I do not wish to crush out anybody. I derive my opinion on this subject from a great deal of conversation with people interested in it. Of course that is the only kind of proof I could have. I did not have the book: of the opinion of the crusher who came before you. It seems that there was but one, and he was a very boon companion, you say; you thought he was a very clever fellow.
Mr. FESSENDEN. I can inform the senator that he was from his own State, and he was sent for at the request of a western representative, because it was said that he represented the crushing interest of the West.
Mr. WADE. I do not know what he represented, and I had not the benefit of his advice, come from where he may; but I have conversed with a great many men who appeared to be very candid and not particularly selfish upon this subject, and they believed that the interest of the country and the interest of all concerned, consumer as well as producer, would be promoted by encouraging this production more than you have encouraged it by your bill; that is what they tell me; that is the information I get universally; that is the lesson taught us by the 1000s of petitions that have been poured in upon our table and sent before you, [addressing
Mr. FESSENDEN. I would not rise again, as I have said all I wanted to say on this particular subject, were it not that my honorable friendfrom Ohio is laboring under a very great misapprehension, and has poured out a good deal of bellowing indignation upon me for saying what I did not say at all. I did not say that he was selfish, and I did not mean to say he was selfish. I said that the proposition was a selfish one, but I almost in terms excluded him from responsibility for it, because I stated that I knew gentlemen were obliged to defend certain propositions because their people forced them to do so from their interest in the particular matter; and I supposed the Senator was bright enough and clear enough to draw the distinction. I made no charge upon him of selfishness in any shape or form. I trust I know too well what belongs to debate to use language so utterly unparliamentary as that; but I had a right to characterize the proposition, inasmuch as I went on to explain why I thought so, and how it worked. The Senator therefore is entirely out of place in supposing that I made any charge whatever upon him; and he has interested the Senate for half an hour, more or less, in repelling a charge that was never made. Now, sir, I want to say once for all I do not mean to argue the matter over again that I never make a charge of that sort against my honorable friendfrom Ohio. He is in the habit of telling us that his motives are perfectly pure; that he always acts exactly according to his views of right, and that i is very certain he is right on all occasions; and I am perfectly willing to concede it to him. I concede now and hereafter all that he claims for himself of perfect purity and perfect knowl edge of everything exactly as it should be. He cannot claim it any broader or more exten sively than I am willing to give it to him.
Mr. HOWE. What was the importation of seed?
Mr. MORGAN. The importation of seed for the last year was about 11 100,000 bushels. If the proposition suggested by the Senfrom NewJersey had been 20 cents for seed and 30 cents for oil that would be a little better, very little better, than the tariff as it was before these petitions were presented from the crushers oft the various localities that I havementioned representin that there must be an additional duty on or their business cannot be sustained. If the motion of the Senfrom Ohio does not prevail, and the Senfrom NewJersey will so amend his motion as to make the rates 20 and 30 cents, I shall be satisfied, for one, to give it my support.
Mr. FreHUYSEN. It seems to me, Mr. President, that the West are just as much interested in the amendment that I suggest as the East, for this reason: the eastern crusher must at the present time import a considerable portion of seed any way. There is not a supply. They now import 2/3rds of it. If they are obliged to import the seed and the oil is imported at the same price, of course the manufactories at the East must go down; they cannot compete with the foreign oils. Therefore the West is interested in maintaining these manufactories at the East in order that they may have a market for their seed; and just in the same way the consumers all over the country are interested in maintaining these manufactories at the East, for they create a home competition East and West which keeps oil at a reasonable rate for them. I trust that the amendment offered by the Senfrom Ohio will not be adopted, and I shall then accept the amendment suggested by the Senfrom NewYork, making the duty cents on seed and 30 cents a galion On Oll.
Mr. FRELINGHUYSEN. And no draw back. The drawback is out of the bill now.
Mr. FESSENDEN, Is there not a profit in the duties we get on the seed?
Mr. FESSENDEN. What the Senator says is right so far as his calculations go; but the same discrimination is as much for the benefit of the western producer as the eastern. If it operates precisely in the way he says it does, they have all the benefit because the duty is imposed and they manufacture the oil, so that it operates to the full extent in each case. It does not operate for the crusher who imports the seed any more than it does for the crusher who takes the seed on the spot where it is grown. But now it is raised to 16 cents by our bill, so that matter is answered in that way.
Mr. SHERMAN. I have but one word to say in regard to that. The testimony was uniform that, with the exception of last year, the foreign never came into competition with the domestic linseed oil; but last year on account of the want of supply it did reach, so this gentleman stated, as far as Dayton or Cincinnati. The real competition in linseed oil is between that made out of India seed in the city of NewYork and that made out of western seed in the city of Dayton and some other places where it is made; but latterly the American production is reaching the NewYork market, and I think that probably with a duty of 30 cents a bushel on the seed it would make a pretty fair competition with oil from the Indian seed along the coast. I do not think it is unjust because even at 23 cents it is less than ten%. advalorem.. If there is any other interest in this whole bill that is put off with a duty of ten%. advalorem I should like to know what it is. The price of this seed delivered in NewYork is $240, so that a duty of 23 cents, according to the proposition of my colleague, would be a little less than ten%. advaloren, which is as low a duty I think as you can find in the schedule.
Mr. FESSENDEN. The answer to that is simply this: the question is how much protection it needs. If it flourishes under a certain% age that is all it demands. I have no objection, if Senators think it advisable, to raising the duty to 20 cents on the seed; but the objection is to the western producers of oil insisting that the duty on oil should be the same precisely as on the seed, thus giving them all i. advantage.
The PRESIDING OFFICER, (Mr. HARRIs in the chair.) The question is on the amendment of the Senfrom Ohio [Mr. WADE] to the amendment of the ComFinance. The amendment to the amendment was rejected.
Mr. FRELINGHUYSEN. I now offer the amendment of which I have spoken, to strike out “23 ” in line 414 of section 9, on page 57, and insert “ 30, ’” so as to make the clause read: “on linseed, flaxseed, hemp seed, and rape seed oil, and on oil of sesame or beneoil, and on cotton seed oil, 30 cents per gallon;” and in line 6nine of that section, page 65, to strike out “ 16” and insert “ 20;” so as to read, “on linseed or flaxseed, 20 cents per bushel of 52 ounds.’ p
Mr. WILLIAMS. I believe, if I understand this proposition, it discriminates more in favor of the manufacturer and against the grower of the seed than the proposition submitted by the Gentfrom Ohio.
Mr. WILLIAMS. I think the tariff, as reported by the committee, fixed a duty of 16 cents on seed and 23 on the oil, 7 cents difference. This proposition proposes to put 20 cents on the seed and 30 cents on oil, making ten cents difference.
Mr. FESSENDEN. Both of them need that as against the foreign importer of oil.
Mr. HOWE. I should like to have a division of the question. I believe the pending amendment embraces 2 propositions. It is therefore divisible.
Mr. FRELINGHUYSEN. It is one proposition; both branches of it go together according to . my idea.
Mr. HOWE. If I understand the facts and I gather all I know about them from the debate as it has gone on it proceeds upon the assumption that consumers can stand a tax equal, according to the calculation of the Senfrom Ohio, [Mr. SHERMAN] to 67 and a half cents a bushel on seed, because the eastern crushers are willing to have a tax of 30 cents a gallon imposed on the oil, and that is equal, as I understand, to about loven and a half cents a bushel on the See(I.
Mr. HOWE. I think that is too large a discrimination between the business of crushing in the East and in the West. My only oint is that I do not think, in a revenue tariff ill or in any kind of a tariff bill, you ought to make a provision especially for the purpose of bringing this product into the country for the mere object of manufacturing it into oil; and that seems to me to be the view of the proposition submitted by the Senfrom NewJersey.
Mr. FRELINGHUYSEN. I understand the fact to be, that from necessity, 2/3rds of the seed is imported because the West does not supply it. If they would supply it we should not want to import any.
Mr. HOWE. It is said that 2/3rd s, or at least more than half of this seed, is imported from abroad. Why? Because we do not furnish the amount required; and yet the Senfrom Oregon says it is a profitable business, and we have untold millions of acres of land unoccupied. Now, if it were profitable to raise this seed, I think there are men enough out of employ or not in profitable employ, men enough ready here in this Congress, if it was actually a profitable business, to take this unoccupied land and furnish the seed that we want. Wisconsin raises a little of this seed; Wisconsin raises a little wool; but I do not think because I ask not that she, but that the lands of the U.S., shall have the right to raise flax seed for the country that I am open to the charge of defending a sectional interest. I expect, when you get this bill perfected, to vote for it; and yet almost every oarticle in it that you tax is an article that Wisconsin consumes and does not produce. This hap pens to be an exception. She does produce something of this; she would produce more of it if it were profitable to produce it. She does not find that it is profitable, or she would produce more, because she has got an abandance of land on which to produce it. While that is the fact, I do not like to be told that you let our inds go unoccupied and our labor unem ployed and import 2 bushels from foreign countries while we produce one at home.
Mr. FRELINGHUYSEN. In the mean time, while the West promises to produce this seed, the eastern manufacture goes down and perishes. We cannot make oil out of the fair promises of the West. If the West would produce the seed, there would be no oc casion to import it; but they have not done it and just as the West encourage the eastern manufacture at this period, just so much they benefit themselves by creating a market for their seed hereafter. It is a perfectly plain proposition. Our interests are the same.
Mr. HOWE. Let me say to the Senfrom NewJersey that if you put up the duty on the seed to 30 or 40 cents a bushel, it does not prevent you from buying it in foreign markets. There is a demand for so much oil here. We must have that oil, and if it cannot be had at one price it will at another. If we do not perform our promise I do not speak now on behalf of Wisconsin, I speak on behalf of the soil of the U.S.; it is the lands that i want to be secured in the privilege of raising this seed if the lands do not redeem my obligation in the 1st year or the 2nd year, the eastern crushers do not suffer, because they can bring still their seed from abroad, and Wisconsin, which uses your oil, will pay for it. We will pay the penalty.
Mr. CATTELL. But they. it in the oil and not in the seed. That is the very trouble. As far as the question between the 2 sections is concerned, we do not care what amount of duty you put upon the seed provided a relative duty is put upon the oil.
Mr. HOWE. Then we are agreed; but as I understand the calculation, the difference provided for in this proposition exceeds very much, according toJ. calculation of the Senfrom Ohio, the whole cost of manufacture the whole cost of crushing. Whatever that difference Iis, am perfectly willing should be provided for. do not want the oil introduced here, though. The Senfrom Ohio says that ordinarily we have only imported about 50,000 gallons of oil in former years. There was a large importation last year, which he says was owing to peculiar causes. I do not understand it; I am no more an advocate for the importation of oil than I am of the seed; but I do not think either ought to be introduced to the extent that it is said to have been introduced last year.
Mr. Noon. The duty that is by this amendment suggested on the seed is no matter of interest to the eastern manufacturer at all. That is put in because it is fair. The matter that they are interested in is havin the relative duty between the seed and the oi kept so that they can live. That is all.
Mr. SPRAGUE. I have not much, if any, opinion on this amendment; but as the Senate is about to adjourn Mr. FESSENDEN. I hope not.
Mr. SPRAGUE. That they may have something to reflect on, I desire to say a word. Commerce has been discussed here this after noon, and the Senfrom Maine has defended commerce. Sir, this is a commercial tariff; it is made in the interest of commerce and of the importer. It will be surprising to Senators no doubt to be told that upon cotton goods, instead of an increase of duty, there is a reduction of 25%. upon goods that are more produced in this country than any other one quality. Then upon goods a little lighter than those on which there is a 25%. reduction there is also another reduction of 25%, less than the present tariff. I desire also to state that upon linen goods, lawns, handkerchiefs, and the higher priced goods, there is a similar reduction of 25 cents. The Senator has instanced Holland as being a nation that was commercially prosperous without manufacturing. I appeal to history, which deter mines the fact to the contrary, that while Hol land was most prosperous commercially she was more developed in manufacturing industry than all Europe besides. Sir, I denounce this tariff as a commercial tariff. Instead of increasing duties it reduces duties, and upon interests now hardly able to sustain themselves. The amendment to The amendment was agreed to.
Mr. DIXON. Mr. President, section 21, on page 107, provides for a drawback on certain articles, namely, “Mowing machines, reaping machines, plows, axes, hatchets, scythes, cotton gins, shovels, spades, hoes, hay and manure forks, chisels, augurs, and carpen ters' tools.” I move to amend by adding to that list, “fire arms, swords, and matchets.” A matchet is a species of Spanish knife which is very much imported. The amendment to The amendment was agreed to. 3.
Mr. JOHNSON. I wish to offer an amendment.
Mr. FESSENDEN. I hope the Senate will not adjourn so early. I think we had better sit another hour or two. We must get the bill through some time. I call for the yeas&nays on the motion. The yeas&nays were ordered; and being taken, resulted yeas 10, nays 16; 26.
The PRESIDING OFFICER. The Senate refuses to adjourn, but the vote discloses the fact that there is no quorum present.
Mr. SPRAGUE. I move that the Senate do now adjourn.
The PRESIDING OFFICER. That motion is not now in order.
Mr. SHERMAN. I move that tomorrow the Senate take a recess at half past 4 o'clock; and pending that motion, I move that the Senate do now adjourn.
Mr. FESSENDEN. You cannot order a recess without a quorum.
The PRESIDING OFFICER. The Chair understands the Senfrom Ohio to move an adjournment?
The PRESIDING OFFICER. The motion is in order. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, January 24, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. A RECUSANT WITNESS.
Mr. HALE. I rise to a privileged question. I am instructed by the joint select ComRetrenchment to submit a preamble and resolution, as follows: Whereas J. F. Tracy was dula. summoned to appear before the joint select ComRetrenchment to testify relative to an inquiry directed by a resolution of this House; and whereas the said Tracy has refused or neglected to obey the subpoena duly served upon him: Therefore, Resolved, That the Sergeant at Arms be directed to produce, the body of said J. F. Tracy before the bar of the House to answer for his said contempt. I have here the process duly returned and personally served. The resolution was adopted. INDIAN APPROPRIATION BILL.
Mr. KASSON, from the ComAppropriat, reported a bill making appropriation for the current and contingent expenses of the Indian Dept, and fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1868; which was read a 1st and 2nd time, referred to ComWhole on the state of the Union, made the special order for Tuesday next, after the morning hour, and ordered to be printed. CIRCUIT COURTS IN PENNSYLVANIA.
Mr. SCOFIELD, by unanimous consent, introduced a bill directing a circuit court to be held at the city of Erie, in the State of Pennsylvania;, which was read a 1st and 2nd time, and referred to the ComJudiciary. DUTY on wagoNs, ETC.
Mr. DEFREES, by unanimous. consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructed to inquire into the expediency of pia cing on the free list wagons, wagon and plow harness, common bedsteads, chairs, and tables. The BOUNTY BILL.
Mr. SCHENCK, Mr. Speaker, it wil; be remembered that the ComMilAffrs had authority to report back what is known as the bounty bill at any time. I have been waiting patiently for some days now for action of the House upon the reconstruction bill, but I am anxious to proceed and I intend to proceed speedily with the bounty bill, and I now give notice that I will endeavor to report it tomorrow or on Saturday. PENSIONS TO SOLDIERS of 1812, Mr. PERHAM, by unanimous consent, from the ComInvalidPens, submitted a report in writing in regard to the bill granting lands to the soldiers of the war of 1812; which was recommitted to the committee, and ordered to be printed. PRINTING OF A REPORT.
Mr. PERHAM, by unanimous consent, introduced the following resolution; which was referred, under the law, to the ComPrintg: Resolved, That 5,000 extra copies of the report of the ComInvalidPens on the bill osto the soldiers of the war of 1812be printed for the useof the House. WITHDRAWAL OF PAPEIRS. On motion of Mr. MILLER, leave was granted for the withdrawal from the files of the House of the papers of Dr. Alcon, copies being left. DISTRIBUTION OF DOCUMENTS.
Mr. WENTWORTH, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: I?csolved, That all documentsorderedby the present Congress to be published, and which are actually printed beforethe 1stday of December next, shall be allotted as heretofore to the membersof the present Congress, and transmitted to their residencesasfast as possible unless otherwise ordered by the members themselves.
Mr. WENTWORTH mtRtv the resolution was adopted; upon the table. agreed to. The morning hour now commenced, and th House resumed the call of the committees for reports. AGRICULTURAL COLLEGE IN TENNESSEE.
Mr. BIDWELL, from the ComAg, reported back, with an amendment in the nature of a substitute, JtResolution of the House No. 213, to extend the provisions of the acts in regard to agricultural colleges to the State of Tennessee. The substitute was read, and is as follows: That the provisions of the actof July 2, 1862, entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanicarts, ” and of the act to amend the 5th section thereof, approved July 23, 1866, are hereby extended and made appli is to the State of Tennessee.
Mr. BIDWELL. I think there can be no oto the passage of this substitute. he substitute was agreed to. The question was upon ordering the JtResolution, as amended, to be engrossed and read a 3rd time.
Mr. LeBLOND. I did desire to ask the gentleman a question before the substitute was agreed to. I see this is a proposition to extend the benefits of the land grant act to the State of Tennessee; and if I recollect correctly a bill was passed some time ago conferring the benefits of the land grants upon all States, including all the States lately in rebellion. Some time during this session a resolution was passed denying the extension of this privilege to the States lately in rebellion. if I understood the JtResolution now before the House when it was read, it proposes to extend this privilege to the State of F.alone out of all the States lately in rebellion. Am I correct?