Mr. FESSENDEN. I move to increase that appropriation to $150,000. 100,000 ollars was the amount put in by the HoRep before we had any report from he person sent down by the Dept to examine the building and see what would be necessary. Since then we have received his report, and he says it will cost $150,000; the building is entirely ruined.
Mr. JOHNSON. Are the courts, post office, and customhouse all in one building?
Skip Skip The amendment was agreed to. The next amendment of the ComFinance was in line 6 of section 2 to change the appropriation for the salary of the cashier at the office of the U.S. depositary at Louisville from $1, 800 to $2, 500.
Skip Skip The amendment was agreed to. The next amendment was in line 23 of section 2 to make the appropriation for salary of watchman at the 0 cc of the U.S. depositary at Pittsburg $1,095, instead of $900.
Skip Skip The amendment was agreed to. The next amendment was in line 31 of section 2 to increase the appropriation for the salary of a clerk in the o ‘ce of the U.S. depositary at Baltimore from $900 to $1, 200.
Skip Skip The amendment was agreed to. The next amendment was in line 32 of section 2 to make the a proriatien for the salary of messenger in the 0 cc of the U.S. depositary at Baltimore $912 60 instead of $090.
Mr. JOHNSON. How do you come at the cents?
Mr. FESSENDEN. I do not know. Iknow we received a letter from the Treasury saying that that was the salary he got now.
Skip Skip The amendment was agreed to. The next amendment was in line 36 of section 2 to make the appropriation for the salary of the cashier in the office of the U.S. AssistautTreasurer at SanFran cisco $3,000 instead of $2, 500.
Mr. JOHNSON. Why is $3,000 allowed in SanFrancisco and only $2,000 in Cincinnati?
Mr. FESSENDEN. On account of the fact that that is the salary the Dept has found it necessary to pay in order to keep the man in. The fact is that greenbacks are not worth so much in SanFrancisco as elsewhere. Under the authority given by an act of Congress the SecyTreasury allows this officer $3,000, and he recommends that that be the salary fixed bylaw; otherwise he cannot retain his services.
Skip Skip The amendment was agreed to. The next amendment was to increase the appropriation for salary of the book keeper in the office of the Asst Treasurer at SanFrancisco from $2,000 to $2, 500.
Skip Skip The amendment was agreed to. The next amendment was to make the appropriation for salary of the asst cashier in the office of the U.S. depositary, Cincinnati, $2,000 instead of $1,500.
Skip Skip The amendment was agreed to. The next amendment was to increase the appropriations for salaries at the office of the depositary at Cincinnati, as follows: asst cashier from $1,000 to $1,050; teller from $1, 800 to $1, 400; book keeper from $1,500 to $1.800; and 2 clerks from $2, 500 to $2, 600.
The Secretary read the 3rd section of the bill, as follows: SEC.3. Abife: That so much of an act making additional appropriations and to supply deficiencies in the appropriations.for sundry civi expensesof the Governmentfor the fiscalyear endin June 80.1866 and for other purposes.approve April 7.1866. as provides“for compensation of the revenue agent stationedat NewYork. in addition to the sum authorized by act of June 30.1885. including $1.000for the current fiscal year.82.000." and the 24th section of notentitled"An act ctoalalinmgend an act entitled 'An act for enrolling and out the national forces and for other purposes " approvedMarch 3 18123a."pprovedJuly 24, 864.be, and the same are hereby.repealed. The ComFinance proosed to amend the section by striking out the words “and the 24th section of an act entitled ‘An act to amend an act entitled “An act for enrolling and calling out the national forces, and for other purposes, ” approved March 8, 1863, approved)Jul 24, 1864."
Mr. FESSENDEN. It is proper that I should explain what that is, otherwise Senators might not observe it. The words which we propose to strike out were inserted in this section by the House as an amendment, and their effect is to repeal the provision made by law to pay to certain owners of slaves the bounty due on their being enlisted or drafted. The committee thought, on lookin at the law, that that was a contract which ha been made by the laws of the land, and concluded at any rate to move to strike out this clause repealing it and bring it to the attention of the Senate, so that the Senate could decide for itself. The committee propose to strike out the repeal of the law relative to the bounty for enlisted negroes going to their owners.
Skip Skip The amendment was agreed to. The Secretary continued and concluded the reading of the bill, the‘last item being the following clause at the end of section 6, which the ComFinance moved to strike out, namely: For the repair of the customhouseand postofllce, and the walks and fencesadjoiningthe same.atMid dlctown.Connecticut.85.000t, hesainetobeexpended by direction of the collector of the port of Middle town.
Mr. FESSENDEN. because it is transferred to another part of the bill.
Skip Skip The amendment was agreed to. Mr. DOOLITTLE. I now move that the Senate proceed to the consideration of executive business.
Mr. TRUMBULL. I ask the Senfrom Wisconsin to withdraw that motion for a moment, that I may ask leave to offer a JtResolution.
Mr. DOOLITTLE. I withdraw it for that purpose. RECOGNITION OF TENNESSEE.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 136 recognizing the government of the State of' ‘ennessee; which was read twice by its title.
Mr. TRUMBULL. I will state that we have received information during the day that the State of Tennessee has ratified the constitutional amendment and this is a resolution groposing to recognize the government of that State. I move that it be printed and placed on the Calendar. The motion was agreed to. PROPOSED EVENING SESSIONS.
Mr. CONNESS. Before that motion is acted on I desire to make a suggestion. Most senators have business of great consequence pending. We are approaeing the end of the session. We are not gettiirr along very rapidly with business. We Sl10l1l( either make longer daily sessions, or have evening sessions, one at least, for the transaction of general business. I should like very much to submit a motion for an evening session, if it be acceptable to the Senate; perhaps the change in the weather may make it so.
Mr. DOOLITTLE. I have no objection to withdrawing my motion to allow a vote to be taken on that proosition.
Mr. STEWAR'. This evenin will be as pleasant a one as we are likely to ave.
Mr. CONNESS. With theleave of the Senfrom Wisconsin, I submit a motion that the Senate meet this evening for business at half past 7 o'clock. I propose, of course, and the whole Senate will agree, that it shall not displace the appropriation bill. There will be no question on that subject. We will give appropriation bills the preference.Mr. HENDRICKS. We had better go on with the applro riation bill we have commenced.
Mr. RAMSEY. I suggest to the Senfrom California he is probably not aware of it that I understand the other House has reconsidered its resolution to adjourn on the 25th. That being so, we may have a long session before us yet, and no occasion for even in sittings.
Mr. FESSENDEN. I think we had better not conclude to have an evenin session to night. Many gentlemen have let the Senate, and they will not be aware of a meeting this evening if one is ordered.
Mr. CONNESS. We have a very full senate here now as full as it usually is.
Mr. FESSENDEN. Many Senators have gone out and they may not return. I confess that the labor I have had to do is very oppress ive, and I have been unable to attend any evening session yet. I will come when it is absoluteiy necessary, but I do not feel able to go on with this bill to night.
Mr. CONNESS. The Senator ought to permit those of as who are willing to do business to come here. I submit the motion.
Mr. SUMNER. I suggest to my friendfrom California that he had better make his motion aplicable to tomorrow night.
Mr. CONNESS. I will make it for to nior row. Several SENATOBS. An evening session has already been ordered for tomorrow.
Mr. HENDERSON. Not only have a great many Senators left the Hall, but if this is to be a meeting for the consideration of general business this evening, I must protest against it. Several Senators, to my certain knowledge, are engaged upon a committee to‘night which will bol a very important meeting to report business to go upon the very appropriation bill that we are now considering, and they have no other time to attend to it except to night. If general business is to be considered I desire to be in the Senate, and I cannot be it'I attend the committee meeting.
Mr. TRUMBULL. It is manifest that if we meet tomorrow night, it will be about as soon as we can now conveniently assemble in the evening. Several Senators have left the Chamber, not expecting a night session. I make the motion that the Senate now proceed to the consideration of executive business. That will get rid of the question, and it is understood that tomorrow night we are to have a night session at any rate.
Mr. CONNESS. I do not think this proceeding on the part of the Senfrom llli nois is very ClVl, to say the least of it. The honorable Senfrom Wisconsin had made a motion to go into executive session, and I askedhim to withdraw it and he did with draw it.
Mr. TRUMBULL. Well, I renewed it to get rid of your motion. That was my object. if the Senate votes down my motion yours will come up. It is another way of getting the question: that is all.
The PRESIDENT protempore. The question is on the motion of the Senfrom Illinois.
Mr. CONNESS. That is a debatable question. I believe. Now, if I shall show half the pertinacity that the honoroble Senator does on occasions always, however, in very correct directions I should perhaps discuss this question to the annoyance of the Senator, if not of the Senate, and I have no doubt of both. The session tomorrow evening, as I learn, is for the special purpose of considering DistCol business. So one evening is taken for claims by the Senfrom NewHampshire, [Mr. CLARK] and another evenin byt e Senfrom Maine [Mr. MOBBILL] or DistCol business; but we cannot get an evening session for general business. do not wish, of course, to stand in the way of the 0 inion of the Senate; butI beg Senators to now and understand that many of us feel charged with business that is of consequence to our constituents, and I think we ought to have an opportunity to get it considered by the Senate.
Mr. GUTHRIE. I think if we make any change we had better take 2 hours in the morning. when it is cool and leasant, and when we shall not be so disposed to talk.
Mr. FESSENDEN. We cannot do that tomorrow morning, because the ComFinance has a meeting then.
The PRESIDENT protempera. The question is on the motion of the Senfrom Illinois that the Senate proceed to the consideration of executive business. The motion was agreed to'; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, July 19, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Born res.
Mr. BlDWELL moved that the readin of the Journal of yesterday be dispensed with 1.
Mr. INGERSOLL and Mr. ALLEY objected. The Journal of yesterday was then read and approved. CALIFORNIA AND OREGON RAILROAD.
Mr. BIDWELL. I now call up the motion submitted by me on the 3d instant, to reconsider the vote recommitting to the ComPubLands Senate bill No. 123, grantin lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon. The mtR agreed to. The question recurred on agreeing to the substitute reported from the ComPubLands.
Mr. BIDWELL. This is the bill which has been before the House 2 or 3 times, and after being sent to the ComPubLands was reported upon favorably. I now call the previous question.
Mr. KASSON. I wish to inquire of the Gentfrom California whether the provision of the 2nd section of the substitute is in tended to prohibit the U.S. from allowing preemption onits own lands. I Will read the clause to which I refer: And the sections and parts of sections of land which shall remain in the U.S. within the limits of the aforesaidgrant shall not be sold for less than doublethe minimum price ot' public lands when sold. nor shall any of said ands become subject to sole at private entry until the same shall have been 1st offered nt public sale to the highestbidder at or above the minimum price aforesaid.
Mr. BIDWELL. The objection of the Gentfrom Iowa is obviated by an amendment of the ComPubLands.
Mr. HOLMES. The ComPubLands have stricken out the latter portion of the clause which the Gentfrom Iowa has read. The language which they have stricken out is the following: Nor shall any of said lands become subject to sale at private entry until the same shall have been 1st offeredat public sale tothohighcstbidderat or above the minimum price aforesaid. This amendment obviates, I think, the objection of the Gentfrom Iowa.
Mr. KASSON. The gentleman’s explanation is satisfactory. The substitute was agreed to. The bill, as amended, was ordered to a 3rd reading and read the 3rd time. The question being on the passage of the bill, Mr. BIDWELL called the previous question.
Skip Skip The previous question was seeonde and the main question ordered; and under the operation thereof the bill was passed.
Mr. BIDWELL mtRtv the bill was passed; on the table. agreed to. ENROLLED BILLS SIGNED.
Mr. STEVENS. I rise to a privileged question, and submit the following resolution: Ifuoloerl. (the Senateconcurring.) That when Conress adjourus it. will adjourn tomeetagaine nSatur ay, the 1st day of December next.unlesssoonersum monedbytheProsidingOtficersofboth Houses which plpwer.in case of emergency is hereby grmted to them.
Mr. FINCK. I rise to a question of order, and submit that this resolution cannot be entertained as a privileged question, because it goes beyond the matter of adjournment and prooses by this legislation to confer upon the Presiding Officers of the 2 Houses new powers not. now authorised by any law.
Mr. RANDALL, of Pennsylvania. Under the Constitution Congress cannot meet at any other than the regular period named in the Constitution, except on the call of the POTUS, or in pursuance of a law duly a roved by him.
The SPEAkER. The Chair will state, in mply to that point, that the POTUS has power to convene Congress at such time between the regular sessions as he may deem fit. But the Chair is of opinion (although this is a new question) that ifthe 2 Houses take a recess they can authorize their Presiding Officers to call them together at an earlier day than that which they have named for their reassembling. It is equivalent to an indefinite recess. The Constitution allows comgress to adjourn for any period exceeding 3 days, both Houses concurring therein, and declares that resolutions of adjournment shall not be sent to the'President.
Mr. STEVENS. As several gentleman desire that the morning hour shall commence and as a number of members desire information in regard to this question, I move to postpone this subject until tomorrow immediately after the morning hour, and that the resolution be printed.
Mr. HARDING, of Kentucky. Can this resolution be introduced without unanimous consent?
The SPEAKER. The Chair has decided that it can, as it relates to adjournment.
Mr. HARDING, of Kentucky. Isit aprivi leged question?
Mr. FINCK. My point is that it confers additional power upon the Presiding Officers of the 2 Houses.
The SPEAKER. The Chair has overruled that point of order, on the ground that, as the 2 oases can take a recess, it would seem that they may authorize their Presiding officers to call them together before the expiration of the time fixed for the recess. For instance, the House might, on taking a recess from Thurs day till Monday, authorize its Presiding Officer to call them together on Saturday, if any exigency should require it. If one House could do this, may not both Houses, when taking a longer recess, if they concur? Both Houses could, under the Constitution, resolve to adjourn till the 1st Monday of next month, both Houses concurring, and if a uorum was then present could adjourn similar y throughout the recess, from month to month.
Mr. FINCK. I do not know that the Chair finally under‘tands the point I inake. I submit that, so far as this resolution proposes to confer additional power on The SPEAKER of the House and the Eresiding Officer of the Senate, it is not a privileged question.
The SPEAKER. t does confer additional power, but the Chair thinks itis, notwithstanding, a privileged question. All questions in regard to adjournment, whether for one day’s adjournment, for 3 days’ adjournment, for a recess, or for an adjournment sine die, and all questions growing out of the matter of adjournment are held as privileged questions. But they of course require a majority to adopt them. The have a ways been entertained by Speakers when there was no other business before the House.
Mr. DAVIS. I ask to have the resolution again read. The resolution was again read.
Mr. TRIMBLE. If we have authority to pass this resolution I think it would be as well to provide in it that in the event the Speaker of this House and the President of the ‘enate should disagree as to when congress should be reconvened, some one should e named who should decide between them.
The SPEAKER. The resolution requires the assent of both Presiding Officers.
Skip Skip Mr. FINCK. I move that the resolution be laid upon the table; and on that motion I demand the yeas&nays. The yeas and nnys were ordered. Mr. STEVENS. I withdraw the resolution, giving notice that I will submit it again toI morrow. AGRICULTURAL REPORT.
Mr. LATHAM, from the ComPrintg, reported the following resolution; on the adoption of which he demanded the previous question: Resolved, That there be printed of the Report of the ComrAg for the y car1365. 165,000 copies; 145,000 copiesfor the mor n bersof this llouse and 20,000 copies tor mrAg.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. LATHAM mtRtv the resolution was adopted; upon the table. agreed to. CANAL AND snwsusos COMPANY.
Mr. CONKLING demanded the regular order of business.
The SPEAKER stated thatthe regular order of business was the unfinished business of the morning hour yesterday, being Senate bill No. 190, to incorporate the DistCol Canal and Sewerage Company, the pending qpestion being on 2nding the demand for the previous question on the passage of the bill. It
Mr. ALLEY. I ask the Gentfrom Illinois to yield to me.
Mr. ALLEY. I move that the bill be laid upon the table; and on that motion I demand the geas&nays. the yeas and no.'s were ordered.
Mr. LEBLON This provides for the transfer of this canal.
Mr. RANDALL, of Pennsylvania. Is it in order to provide that this canal shall be disposed of to the highest bidder?
Mr. ALLEY. That is the amendment I wished to olfer, but which the Gentfrom Illinois would not let me get in.
Skip Skip The question was taken; and it was decided in the atiirmative yeas 58, nays 63, not voting 71;. So the bill was laid upon the table.Mr. WENTWORTH. I move to reconsider the vote by which the bill was laid upon the table. I am willing it shall be postponed to any day gentlemen may agree on.Mr. FARQUHAR. laid on the table. Mr. WEN TWOltT demanded the yeas and no s. Mr. INGERSOLL demanded tellers on the yeas&nays. Tellers were not ordered; and the yeas&nays were not ordered. The motion to reconsider was then laid upon the table. LEVY coun'r IN THE DISTINCT or COLUMBIA.
Mr. WELKER, from the ComDistCol, reported back without amendment Senate bill o. 825, to give certain powers to the levy court of the county of Wasington, in the DistCol, with a recommendation that it do pass. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. WELKER mtRtv the bill was passed; upon the table. agreed to. MINING AND MANUFACTURING COMPANY.
Mr. WELKER, from the ComDistCol, reported back without amendment Senate bill No. 178, to incorporate the Metropolitan Mining and Manufacturing Company. The bill was read.
Mr. DAVIS. I wish to offer an amendment, to strike out from the 6th section the words, “and State of Virginia, " so as to confine the operations of the company to the DistCol, where Congress has unquestionable power to create corporations.
Mr. WELKER. I decline to yield for that purpose.
Mr. DAVIS. I hope, then, that the previous question will not be 2nded, so that my amendment may be offered. On 2nding the demand for the previous question no quorum voted. Tellers were ordered; and
The SPEAKER appointed Messrs. DAVIS and Wirursn.
Skip Skip The House divided; and the tellers reported ayes 67, noes not counted. So
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to be read a 3rd time. It was accordingly read the 3rd time and passed.
Mr. WELKER mtRtv the bill was passed; on the table. agreed to. nsesss or CONGRESS AGAIN; "
The SPEAKER. The Chair will state in regard to the resolution offered this morning by the Gentfrom Pennsylvania [ML STE VENS] that while he entertains the opinion which he then stated to the House in reference to its privileged character, relating as it does to the adjournment of Congress, yet inasmuch as the subject is a delicate one as enlarging the pewers of the 2 Presiding officers, and might be important in its consequences, he will, if the question is presented tomorrow, submit it, as the rules aut orize him to do, to the House for its own decision, as that doubtless will be more satisfactory to all the members than to have it settled by a decision of the Chair.
Mr. STEVENS. That will be satisfactory to me.
Mr. RANDALL, of Pennsylvania. Idesire to call attention
The SPEAKER. Debate is not in order. NATlONAL CAPITAL INSURANCE COMPANY.
Mr. MERCUR, from the ComDistCol, reported back House bill No. 234, to incorporate the National Capital Insurance Company, with a substitute. The substitute was read.
Mr. HALE. Is it in order to move a recommittal?
The SPEAKER. The Gentfrom Pennsylvania [Mr. MERCUR] has the floor.
Mr. KASSON. Will the gentleman explain it in a few words?
Mr. MERCUR. It is an ordina bill for the incorporation of fire and marine insurance companies.
Mr. KASSON. I would like to understand one feature in regard to the lien on property to secure remium notes.
Mr. ERCUR. That has passed out of my mind. The Clerk may read it. The committee had so many of these bills before them that I cannot remember the distinctive features of each. They were all acted on with care and deliberation.
Mr. SCHENCK. I desire to ask whether the attention of the committee has been specially directed to the corporators to know wh0 they are. Iknow there is a set of shysters about the capital, and asI do not know these corporators I would like to be satisfied that they are applying in good faith for an insurance companythat is to be put in operation by themselves and that they are not getting privileges from Congress with the expectation of selling out.
Mr. INGERSOLL. As the gentleman seems to be acquainted with the shysters of the city, perhaps the Clerk had better read the names.
Mr. SCHENCK. Just as I have had occasion to be engaged in the prosecution of them with other criminals.
The Clerk read the names of the co orator s as follows: “Green Adams, Erastus oulson, Jose h J. Coombs, Robert Leech John B. Clarifhirq G. P. Reznor Fergus M. Elair, Robert L. Owen, Jose h Parish, and others."
Mr. JOHNSON. I would inquire whether they are citizens of Washington or not.
Mr. MERCUR. I understand that a part of them are and a part are not.
Mr. MERCUR. It appeared before the committee that they are men of character and good standing. One of them, Mr. Poulson of hiladelphia, is personally known to me.
Mr. HARDING, of Illinois. I desire toask whether the powers and privileges granted by this act can be exercised or enjoyed without the bounds of the DistCol without the consent of the States.
Mr. MERCUR. No, sir; not without the conse lt of the States. You will find in all these charters language like this, tuai. they may exercise their power here or elsewhere subject to the regulations of the places; an I thought it was an Insurance most of the States prescribe the conditions under which foreign corporations may exercise jurisdiction within their‘limits. We have provided the usual guards; and I move the previous question on the bill.
Skip Skip The previous question was 2nded and the main question ordered. The substitute was agreed to. The bill as amended was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and iassed.Mr. M lte UR mtRtv the bill was passed; upon the table. agreed to. WILLIAM COOK. Mr. INGERSOLL, from the ComDistCol, reported back, with the recommendation that it do pass. bill of the Senate No. 277, for the relief of William Cook. The bill was ordered to a 3rd reading and it was accordingly read the 3rd time an passed. Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to. CHEAI'EAKE AND POTOJIAC CANAL.
Mr. McCULLOUGH, also from the ComDistCol, reported back. with the recommendation thatitdo pass, bill of the Senate No. 281, to authorize the Chesapeake and Potomac River Tidewater Canal Company to enter the DistCol and extend their canal to the Anacostia river at any point above Benning’s bridge. The Clerk proceeded to read the bill, pending which the morning hour expired, and the bill went over until Saturday next. SAFETY OF STEAMBOAT TRAVEL.
Mr. O' NEILI. made the followingreport from a committee of conference: The committee of conferenceon the votesof the 2 Houseson the bill (11i.lln.fireoe.4in77 further to provide for the safetyof the lives of pus senzerson boardof vessels ropelled in whole or in part by ltoam. to regulate' e snlanes of steamboat impectors. hovmg met. after full and free confer oncehave agreedto recommend.anddorecommend. to their respectiveHousesnofollows: That the ilouso of Repreoentatiy'csagree to the 2nd thi,6th.7th.eighth.nintli. ten 12th . 13 th. 14 th.fitteonth.six Month. 17 th and 21st amendments. asmadeby the Senate. That the Senate recedo from the 4th amendment. with a modification of the clause.as follows: strike out all after the word "under.”in line too. section two and insert in place thereof the words “any circumstanccs:" and that the House agreeto 2 some. That the Senate recede from the 18th and 19th amendments. Whithhaatnthe House agree to the 20th amendment. amendmentasfollows: after the words" for the district of Portland, Oregon; 8700" insert no follows: “ to the supervian‘ inspector of the Pacific cmoainst".82.500: to other supervising inspectors.$2.000 and the Senateagreeto the some. o.sosAoNsDLER J. W. NESEMDHM ‘HU.NDS. Manager; on the part of the Senate. CHARLES O’NEILL. ManageDrs. C. Mer UER. onthepart QflheHome. The report was agreed to.
Mr. O’NEILL mtRtv the report of the committee of conference was agreed to; on the table. agreed to. iisseAoBs FROM thl l PRESIDENT. Several messages in writing from the POTUS were delivered to the House by Mr. Enwmn Cooraa, his Secretary; who also informed the House that the President had approved andhigned bills of the following titles: An act (H. It. No. 702) granting a pension to Mrs. Charlotte E. Reed An wh(H. it. No. 139) for the relief ofSa mantha ltader; An act (H.R.No. 741) granting a pension" toJonnth tin W. Beach; and An not (H.R.No. 742) for the relief of the mine r children of Salvador Accerdi. deceased. PROVOST MARSHAL GENERAL’S BUREAU.
Mr. SHELLABARGER. I now call u the report of the select committee appointed April 30, 1866, to investigate the statements and charges made by Hon. Roscoe Continue, in his place. against Provost Marshal GenlFry and his bureau whether any frauds have been perpetrated in his office in connection with tltt) recruiting service; also to examine into the statements made by GenlFry in his communication to Hon.
Mr. BLLLXE, read in the House. The resolutions reported by the committee were read, as follows: Resolved.That nll the statementscontainedin the letter of General Jnines B. Fry to Hon. JAiiits G. Bulim. a member of this House. hearing date the 27thof April. A. D. 1866 and which was readin this House on the 30thof April A. D. 1366.in so far as such statementsim ute to lion. Roscoe Costume is member of this once.any criminal. illegal. unpatriotic or otherwiseimproper conductor motives. either as to the matter of his procuring himself to be employedby the Government of the U.S.in the prosecution of military offenses in the state of NewYork. in the muniigcmentot' such prosecutions.in taking compensation therefor or in any other charge.are.wholly without foundationin truth: and for their publication there were.in the judizinent of this House.no factsconnectedwith said prosecutions furnishing either a palliation or an excuse. Hemlued.That GenlFry. an officor of the government of the U.S and head of oneof its bureaus iri writing and publishing thesetio cusations nnmedin the preceding, resolution and which. owing to the crimes and wrongswhich they impute to a member of this body. are of a nature deeplyinjurious to the official and personal character. influence and privileges of'such member and their puhlicution priitinz. as in the judgmentof the ousotheydid. in no misapprehension of facts. but in the presentment and passion of their author. was guilty of a cross violation of the privilegesof such memberand of this House, and his conduct in that record merits and receives its unqualified disapprobation.
Mr. JOHNSON. Idesire to inquire whether there is any minority re 0rtin this case, or an obicctingire ort of any ind.
Mr. SHELLABARGER. There is no mine irty report. This is the unanimous report of the committee.
Mr. JOHNSON. Unless some one controverts the report, I do not think the time of the House should be taken up with reading an elaborate report.
Mr. HOTCHKISS. I asked for the reading, as I supposed it was a matter of right.
The SPEAKER. Any member has the right to have the report read.
Mr. SPALDING. I call the previous question upon a eeing to the report.
Mr. RAYMOND. I desire to ask a question of the Gentfrom Ohio, [Mr. SPALDING.
Mr. RAYMOND. I should like to hear from the gentleman, if he is disposed to make any explanation whatever, what reason influenced the committee to recommend the abolition of the salary hitherto attached to the mission at Portugal, so far as the present incumbent is concerned.
Mr. SPALDING. I have no objection to make a statement as an individual; I am n of instructed as a member of the committee of conference to make any statement. I can only say to the gentleman that the committee were unanimous in coming to the conclusion that no appropriation should he made for the continuance of the salary of the present minister at Portugal. They have provided in the amendment, which was concurred in unanimously by the managers on the part of the Senate and on the part of the House, that the present incum bent of the mission to Portugal should not be aid anything for further services, out of any and whatever; and I may so that the reason for this conclusion was that they consider him as entirely unworthy of the confidence of the Government.
Mr. RAYMOND. Will the gentleman allow me to make another remark on this subject?
Mr. SPALDING. No, sir; I insist on the demand for the previous question.
Mr. RAYMO D. Iask the gentleman to allow me, out of mere courtesy, a remark on this point.
Mr. SPALDING. I think I have stretched the courtesy new. I object to any further debate.
Mr. RAYMOND. I am sorry that I cannot concur in the gentleman’s opinion as to the extent of his courtesy.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report of the committee of conference was agreed to.
Mr. SPALDING mtRtv the report was agreed to; on the table. agreed to. FEES OF CONSULAR OFFICERS.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS; which was referred to the ComForAffrs and ordered to be printed: To the Senate and HoRep: I herewith transmit to Congress a report, dated 12th instant, with the accompanying papers received from the SecyState, in compliance with the requirements of the 18th section of the act entitled “An act to regulate the diplomatic and consular sys tems of the U.S., ” approved Au just 18, 1856. ANDREWJOHNSON. Washington July 17, 1866. COINAGE, WEIGHTS, AND MEASURES.
The SPEAKER, by unanimous consent, also laid before the House the following message from the POTUS; which was referred to the Committee on a Uniform System of Coinage, Weights, and Measures, and ordered to be printed: To the HoRep: In answer to the resolution of yesterday, requesting information relative to proposed international movements, in connection with the Paris Universal Exposition, for the reform of systems of coinage, weights, and measures, I transmit a report from t ie SecyState, and the documents by which it was accom Pmed ANDREWJOHNSON. Wasunvo'rox, D. C., July 17, 1866. INDIAN AFFAIRS IN DAKOTA.
The SPEAKER, by unanimous consent, also laid before the House a communication from the SecyInterior, in reply to a res olution of the House of May23, 1866, in re rd to the conduct of Indian affairs in Dakota Territory which was referred to the ComIndAffrs and ordered to be printed. PROVOST MARSHAL’S BUREAU AGAIN.
Mr. SPALDING. By the indulgence of the chairman of the committee, I beg eave to present to the House the memorial of Mr. Riddle, counsel for GenlFry, together with a portion of the evidence which he claims was 0 ered to the committee by GenlFry, which he asks may be made a part of the record in the case.
The SPEAKER. Unanimous consent is necessary. '
Mr. STEVENS. Icertainlyobject. It would be outside of all recedent.
Mr. SPALDI G. Very well; I have discharged my duty.
Mr. SHELLABARGER. For whatever time the gentleman wants.
Mr. WOODBRIDGE. I desire to ask my friend whether he thinks it quite proper or dig nified for any member of this House, in discussing a public question, to bring into discredit the name of a public officer, when that officer has no chance upon the floor of the House to defend himself.
Mr. STEVENS. As the evidence has not been read, I desire to know whether I understand the purport of it. I desire to inquire whether, when GenlFry was offered to be examined, he or his counsel insisted that he should be called by the committee so that he could not be prosecuted.
Mr. STEVENS. Did the counsel of Mr. Fry join in declining?
Mr. SHELLABARGER. That is my understanding of the matter.
Mr. STEVENS. The exlanations made by the committee are ample; they require no further vindication, if any was necessary, of their course. It was, perhaps, unfortunate that this letter was not addressed at once to the House instead of coming through a member of the House, for then suppose it would have become a part of the records of the House. I understand that the letter is not now on the Journals of the House. If that be so, it will preclude the motion which I would otherwise e disposed to make.
The SPEAKER. It is in the Globe, but not on the Journal.
Mr. STEVENS. The inquiry instituted, the appointment of this committee, did not bring the letter upon the Journal “I
Mr. STEVENS. Then I cannot make the motion I would have made. All I have to say is that I do not know that a more causeless, gross attack has ever been made upon a member of this House, either here or elsewhere, than that contained in that letter. I must do the Gentfrom Maine, [Mr. BLAIXE] now absent, the justice to suppose that he was entirely uninformed of the contents of the letter or he would never have presented it to the House. I had hope, however, that the committee would go a little further. In reference to one of the transactions mentioned in the report the Hoboken matter, I believe in which some 100s of 1,000s of dollars were absorbed by somebody, there were, if the evidence is to be believed, 3 parties implicated. 2 of them, I believe, are now in c penitentiary. The 3rd is GenlFry. Why is it that some steps have not been taken by the committee to send him there '2 It is possible that the committee had not the power. But after the exposure which has been made it seems to me that it is the duty of the law officers of the Government to prosecute him; and unless the evidence contained in this book can be disproved he should be convicted and confined in the penitentiary. I cannot conceive any reason why there should not be at once instituted a proceeding for the prosecution of GenlFry. This would give him an opportunity to. vindicate himself in some other way than by posthumous letters. I suppose, however, the committee did not feel themselves authorized to take action with a view to the prosecution of GenlFry.
Mr. RAYMOND. I would like to make a suggestion to the Gentfrom Pennsylvania. In referrin to the case in which 2 of the parties imp icated are now in the the gentleman spoke of it as tpeeniHteonbtoiakreyn, matter. I believe it was the Elmira case.
Mr. STEVENS. I believe the' gentleman is correct. I happened to see the name of the other case here and was misled by it. The ease I meant to refer to was, I believe, the Elmira fraud.
Mr. WENTWORTH. Iask the gentleman to 'icld to me for 5 minutes.
Mr. WENTWORTH.Mr. Speaker, it appears to me that we are trying the wrong man. If I remember the origin of this case a member of this body rose m violation of the rules of this House and of parliamentary courtesy and assailed the motives of the Gentfrom NewYork, [Mr. CONKLING;] and in jus tification of that assault, a few days afterward, he introduced, under the pretense of a personal explanation, a letter which he sent to the Clerk to be read.
Mr. PIKE. I do not wish to mix inthis general exculation of the Gentfrom NewYork. but I want to say to the Gentfrom Illinois, in behalf of my colleague, now absent on account of sickness, that he did not bring this letter before the House in any surreptitious way.
Mr. WENTWORTH. I did not so charge. If I remember correctly he asked to make a personal explanation.
Mr. PIKE. He did not. I presume the gentleman does not mean to do my colleague injustice. '
Mr. WENTWORTH. I would not do anyone injustice.
Mr. PIKE. My colleague told the House that he had such a letter, and asked to have it read. He did not rise to a personal explanation and then have this letter read.
Mr. WENTWORTH. He rose to a personal exlanation.
Mr. PIKE. The record of the Globe will show that I am right. The House was fully advised by my colleague of the character of the letter when he offered it, and no objection was made to its being read. The committee seem to have fallen into the same error as the Gentfrom Illinois, and thereupon cen sure the practice of introducin letters under the permission for personal exp anation. The fact was that my colleague rose stating that he held in his hand a letter from GenlFry whom he considered to have been unjustly as sailed in a previous debate in the House. He asked that the letter should be read as a matter of fair play. Noobjection was made. The Gentfrom NewYork consented if he could have an o ortunity to reply.
Mr. CONKLING. The Gentfrom Maine so far as he refers to me is mistaken. I said, simply inferring that the letter had some reference to me, although ignorant of its contents, that I would make no objection for myself, if I could have leave to reply if anything needing reply should appear. I gave no consent. I had no knowledge of what the letter was, nor was I in any respect in privity with the outrage and indecency of its being read. I simply refrained from objecting as I was as I supposed in some way referred to, and did not therefore choose to interpose objection if others did not.
Mr. PIKE. When The SPEAKER asked if anyone objected to the introduction of the letterand he put it twice clearly to the House the Gentfrom NewYork rose in his place and said he should not object. '
Mr. CONKLING. I simply refrained from objecting; I did not assent.
Mr. PIKE. If the gentleman makes a distinction between assenting and not objecting, he is entitled to the benefit of the distinction. I desire merely simply to state the position of my collea no in introducin the letter.
The SPEAKER. The gentleman’s 5 minutes have exired.
Mr. SHELLABARGER. I am willing to give the gentleman 5 minutes more.
Mr. SHELLABARGER. I demand the pre vious question.
Mr.)IKE. I want to say a word in behalf of my colleague.
Mr. SHELLABARGER. I will yield out of my time after the previous question has been 2nded.
The SPEAKER stated that the Gentfrom Ohio [Mr. SHELLABARGER] was entitled to an hour in which to close the debate.
Mr. SHELLABARGER. I yield 5 minutes to the Gentfrom Maine.
Mr. PIKE.Mr. Speaker, the Gentfrom Illinois makes a valiant defense I suppose he means it to be such of his protege, GenlFry, by attempting to shift the whole resppnsibility upon my colleague. Mr. WENT VORTH. I0not make any defense of GenlFry.
Mr. PIKE. The gentleman insinuates that my colleague by some wily arts induced GenlFry to send that letter to be read in this House.
Mr. WENTWORTH. I beg the gentleman’s pardon. I did not say so.
Mr. PIKE. Is the gentleman authorized by GenlFry or anyone else to say that my colleague induced him to send that letter to this House?
Mr. WENTWORTH. I‘do not charge the gentleman‘s colleague with having done so. '
Mr. PIKE. I am glad that the gentleman withdraws the charge.
Mr. WENTWORI‘H. I do not charge any colleague of mine in this House with anything.
Mr. PIKE. I understood the gentleman to say that my colleague induced GenlFry to send this letter here.
Mr. WENTWORTH. I said I did not know what inducements were brought to bear upon General Fr to have him send this letter here.
Mr. PIK ‘. I can say to the gentleman, if he does not know, and I speak from a general knowledge of m colleague’s character and not from having ha any communication with him on the subject I can tell him that if he investigates the subject and learns the truth he will find that his insinuations against my colleague have no foundation. He generously defends GenlFry as he would any friend he deemed unjustly assailed, and GenlFry furnished him this letter expressly to be read in this House as corroborating his statements in his behalf.
Mr. PIKE. I have not. I have had no communication with him. I do not propose to defend him. I only speak of the part my colleague had in this transaction. A's to the breach of privilege which is spoken of by some gentlemen, the house knows of the debate that occurred. My colleague had his say; the Gentfrom NewYork had his say; which got the better of it the record will show. The Gentfrom Illinois said my colleague rose for a personal explanation and then introduced the letter, acting under pretense of his privileges. I corrected him; and now I have the Globe, which will show who was right, and it will show, too, that my colleague is not subject to the implied censure of the committee, if they mean it as a censure, when in their report they condemn the practice of members coming in here under the color of personal explanations, and bringing in letters from other persons. Now let me reair from the Globe containing the report of the proceedings and debates of the House of the 30th of April: “Mr. Bums. Will the Gentfrom Massachusetts LMr. Ema r]yield to me a moment? "“MMrr. hue r. Yes sir.
Mr. BLAINE. I hold in my hand a letter from Provost Marshal GenlFry, which I ask to have read at the Clerk's desk for the double purpose of vindication myselffrom the chargeof having stated in debate last week what was false, and also for the nrposc, which I amsurewill commenditself to the House, of allowing fair play to an honorableman in th“e same forumin which hehasbeenassailed.
The SPEAKER. It re nires unanimous consent to have it read. Is there 0 Jection? "Mr. Cosxniiw. I infer that this has somereferenceto me. I shall make no obfection provided I may have an opportunity to rep y to whateverthe let“ter maycall or hereafter. Mr. S'rxrsxs. I he.0this will be postponed untit we get through this bill. I ohJectto interrupting it in this way." It was not read then. About an hour later in the proceedings I find this: "Mr. Burns. I ask to send to tho Clcrk's tableto have read theletterthereadingof which was objected to"this morning. Mr. Cosituso. I do not object, but only ask. if the matter relates to me to have opportunity to reply. “MMrr. Bums. I wish torepeatwhat I saidbefore. Ross. I object to the Gentfrom NewYork making a speech. “Mr. CONKLIXG. The gentleman does not want a lpeettremrittothbate read relating to a memberand then not "Mr. Rossm. eImberto reply. "Mr. Withdraw my ObJecilon. Basins. I wiintthis letter read for the double purpose of dveinadnicuanttiorugthmfuylsestlfaftreomment htoencthaisrgfleooorf, and to give. in the broad American sense, lair play and opportunity to a worthy officerto be heard in a fo"rum wherehehas been assailed. I wish furthertosaythat if, on investiation, I had ftoouunchdinIgwas in error in the statement had made the memberfrom the Utica district of NewYork lbMr. Coxauxcl and Provost Marshal GenlFry, I would mortify impusit would have been.apol oI gisedto the House. botherI wasin error or not leave to those who hear the letter of the Provost Marshal General." And thereu on the letter was read. The House can judge whether there was any invasion of its dignity, when all the members consented to have the letter read to them. certainly my colleague did nothing but what was fair and manly. The House cannot now corn plain if they failed to object to the reading of what they desired to hear.
Mr. HOTCHKISS.Mr. Speaker, should the resolution which my colleague from the Onondaga district have notice of a few minutes ago he adopte we should ascertain who is the right man to be prosecuted in this case. It has been suggested by the Gentfrom Illinois [Min Wsx'rwoa'rn] that we are pursuing the wrong man; that GenlFry, when that letter was sent to Mr. BLAINE, might not have known that it was to be used in this House. Now, I do not wish to spend a moment’s time over that; I desire to call the attention of the House to another subject.
Mr. PIKE. Does the Gentfrom NewYork [Min Horenxiss] believe that was the fact?.
Mr. PIKE. That when GenlFry sent that letter to my colleague [Mr. BLAINE] he, GenlFry, did not expect it to be read in this House.
The SPEAKER. The 5 minutes of the gentlemen have expired.
Mr. SHELLABARGER. I yield the gentleman 5 minutes more.
Mr. CONKLING. We have, so far as we have been permitted, shown GenlFry’s motive in writing this libel, but have gone no further. This committee should be continued to investigate the whole case. They should go on “in this line if it. takes all summer.”Mr. Speaker, I had no idea of saying a word on this subject; but when it is suggested that a representative on this floor has no right to spea his mind independently on questions of public interest, matters of legislation, I desire to know whether that is the rule or not. If he is to be tongue tied here I would rather not hold a position in this House.
Mr. SHELLABARGER.Mr. Speaker, I now ask that the vote be taken.
Mr. RANDALL, of Pennsylvania. Will the Gentfrom Ohio allow me to ask him a question?Mr. SHELLABARGER. Yes, sir.
Mr. RANDALL, of Pennsylvania. Preliminary to the question, I desire to say a word or two. I have not had time to read this report, not do I wish in any manner to enter into the personal matters to which it relates; but I want to know of the chairman whether this committee in their report justify the taking of employment by a member of Congress who is in recei t of his salary as a member of Congress and taking lpnyment for such employment in addition to is emoluments as a member of Congress. I want to know whether the committee, irrespective of the parties involved in this case, justify that or not.
Mr. SHELLABARGER. The committee find in their report that a member of Congress who is qualific as such shall not hold any other office or receive any compensation therefor. They find that a member of Congress, after the 4th of March, the day on which his pay commences under the law, cannot receive the sal ary of any other office during that time. A member of Congress may be employed by the Government as counsel, and such einploment may be competently performed; and that is what occurred in this case.
Mr. RANDALL, of Pennsylvania. Then I understand the gentleman to say he believes a member of Congress, subsequent to the 4th of March and prior to the expiration of his term, can be employed by the Government in another on acity and receive compensation therefor.
Mr. SHELLABARGER. That is what the committee find on the subject, if the employment is not an office.
Mr. RANDALL, of Pennsylvania. Can he be employed against the Government?
Mr. SHELLABARGER. In favor of the Government he may be employed; against the Government he cannot be employed, because there is a statute of 1864 which expressly provides in this identical case of Mr. Coxitmuo, that is to say, it provides no member of congress shall be permitted to be employed by any person in any proceeding before a court martial, furnishing a complete legislative determination that he may be employed in that identical case on the other side, because the revision of 1864, in saying that a member of Congress may not be employed by any other person, would imply that e may be employed in that identical case by the Government itself.
Mr. RANDALL, of Pennsylvania. That is a fine distinction a distinction without a difference. if it be not a violation of the letter of the law, it is to my mind a violation of its spirit.
Mr. STEVENS. Suppose a man had an action of ejectment against the Government in Philadelphia and came to my colleague to employ him, would he think himself barred?
Mr. RANDALL, of Pennsylvania. I am not a member of the bar and therefore I should be barred. [Laughter] I will answer my colleague that do not think it would be proper for me while receiving pay as a member of Congress to beemployed against the Govern mom. I was sent. here to represent.
Mr. STEVENS. Last September parties came to me to represent them in a suit in ref erence to the internalrevenue. They made it worth my while; that is, I so pose, paying my expenses. [Laughter] Idi so and defeated the Government, by which it is compelled to refund some 6 or 7,000 dollars. I owe an apology to the country for having done justice to these parties.
Mr. RANDALL, of Pennsylvania. That is a matter about which I have no concern.
Skip Skip Mr. SHELLABARGER demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the atiirrnative yeas 96, nays 4, iiotvoting 82; So the resolutions were adopted. During the roll call, Mr. wh‘ NTWORTH said: While I concurin so much of the report as relates to the Gentfrom NewYork in other respects I cannot concur in it for the reasons I have stated, and I therefore vote “no.” The vote having been announced as above recorded. Mr. SHELLABARGERmtRtv the resolutions were passed; upon the table. agreed to.
Mr. DAVIS. I rise to a question of privilege. I offer the following resolution and demand the previous question upon it: Whereason the30thof April alctter purporting to be written by GenlFry was read in this House. together with sundry documents accompanying it. which letter was grossly libelous and reflected upon the public and private character of a member: and whereas the House having ordered an inquiry as to said letter and its truth or falsity: and whiereas for that purpose a select cominittec was raised which committeehas ascertained and reported said letter to have been false and malicious: Therefore. Resolved.That the ComJudiciary be instructed to inquire and report whether any breach of the privileges of the House not sufficiently reported upon bysaid select committee has been committed in connection with writing or sending said letter. the documents accompanying the some or the introduction thereof into the House, or causing the same to be read in the House or entered upon the record of the House or making thesame public and if so. by whom and what action.if any should betaken; and that said committee also inquire and reportwhether said libel has been republished or renewed by the said GenlFry or any other personsince the termination of the session of said committee and if so. whom and whether any and what actionoughtto behad thereon: and that said committee have power to send for persons and papers.
The SPEAKER. The gentleman claims this to be a question of privile c. The Chair will submit to the House whether it is a question of privilege.
Mr.WLSON, of Iowa. I suggest that the l gentleman modify it so as to refer the subject to the same committee that has had this matter under consideration heretofore. I see no, necessity for taking it out of the jurisdiction of that committee and referring it to another. I am satisfied that the House has entire confidence in the ability and integrity of that committee.
The SPEAKER. The Chair thinks it is scarcely debatable. It is a question which must be decided by the House exactly as the Chair decides a question of privilege, upon the presentation of the resolution itself.
Mr. DAVIS. I desire to say that I have no objection to this going to the special committee, though I preferred it should go to the Judiciary Committee. I am entirely willing to me i y it.
Mr. PIKE. M colleague, I know, would not object to the fullest investiation.
Mr. SHELLABARGER. did not hear the resolution read, but I understand it to relate to the question whether in the conduct of the Gentfrom Maine there was anything that constituted a breach of the rules or privileges of the House. Now, that is a question for the ComRules, and I beg that the resolution may take that direction, for no member of the select committee, that I am aware of, professes to be familiar with the rules of this body.
Mr. DAVIS. I desire not to reflect upon the character of any member whatever. I have not introduced the resolution from any personal feeling toward any member of the House. But I desire to know what constitutes and what does not constitute a breach of the privileges of the House.
Mr. RADFORD. I object to further debate.
Mr. DAVIS. Will the gentleman allow a statement to be made?
The SPEAKER. The only referred to the Committee on position to amend the rules.
Mr. DAVIS. Then I will insist upon the previous motion to refer it to the ComJudiciary.
The SPEAKER. The Chair will submit to the House whether this is a question of priw subject to be ules is a prop ile'ghee. question being taken, int was decinded in the negative ayes 24, noes 71.
Skip Skip MESSAGE FROM Tiiii SENATE. A message from the Senate, by Mr. Foasnr, its Secretary, announced that the Senate had concurred in the amendment of the HoRep to the amendment of the Senate to the resolution of the House providing for the appointment of a JtCommee on retrenchment. Also, that the Senate had passed a bill (S.No.428) for the relief of the sufferers by the late fire in Portland, Maine, in which the concurrence of the House was requested. LEAVE OF ABSENCE. The SPEAKER asked and obtained leave of absence for Mr. WASHBURN, of Massachusetts. after tomorrow.
Mr. SPALDING. order of business. ADMISSION OF TENNESSEE.
Mr. BINGHAM. I call u the mtRtv house JtResolution No. 88, concerning the State of Tennessee, was recommitted to the committee on recTohnestruction. JtResolution was read, as follows: Run/oer!b/ the Senate and HoRep of flu U.S.A. in Congress mumbled, That whereasthe peopleof Tennesseehave made known to the Congress of the U.S. their desire that the constitutional relations heretofore existing between them and the U.S. may rbueafruyl.ly established and did. on the 22dday of Feb 1863. by a large popular vote. adopt and ratify acoiistitiitipn of myornment.republicanin form and not inconsistent with the Constitution and lawsof I demand the regular the U.S and a State governmenthasbeen organized under the provisions thereof.which said provisions and the laws passedin pursuancethereof. Proclaim and denote loyatytn the men; and where asthe peopleof Tennesseeare found to bein a condition to exercisethe functions of a Statewithin this Union and can only exercisethe same by the consentof the lawmaking ower of the U.S.: Therefore.the state of'Iennessee is hereby declared to be one of the U.S.A. on an equal footing with th other States. upon the express cpnditiori that the people of Tennesseewill maintain and enforce.in goodfaitb their existing constitutions and laws. excluding those who have been engaged in rebellion againstthe U.S. from the exerciseof the electivefranchise.for the respective periodsof time therein grovided for and shall exclu ethe same perspnsfor t alike respective geriods of time from eligibility to offico; and the State of Tennesseeshall never assumeor pay any debt or obllKlttion contracted or incurred in aid of the late rebellion; nor shall said State ever. in any manner.claim from the U.S or make any allowance or compensationfor slaves emancipated or liberated inany way whatever; which conditions shall be ratified by the Legislature of Tennessee or the people thereof. as the Legislature may direct. beforet is act shall take effect.
Skip Skip Mr. STEVENS. I move that the motion to reconsider be laid upon the table. Mr. BINGHAM. I demand the yeas and an s. The cos&nays were ordered. itMr. YNCH moved that the House do now adjourn. Mr. ECKLEY demanded the yeas&nays. The yeas&nays were Ordered. The question was taken; and it was decided in the negative yeas 59, nays 69, not voting 54;: So the House refused to adjourn. The question then recurred on laying the motion to reconsider on the table; and it was decided in the negative yeas 31, nays 92, not voting 59;. So the House refused to lay the motion to reconsider upon the table. Durimr the roll call, Mr. AILISON said: I would inquire of the Chair if the JtCommee on resoustruction is not authorized to report at any time. The SPEAKER. It is. Mr. ALLISON. Then Ivote “ay.” The result of the vote was announced as above. The question recurred upon 2nding the demand for the previous question on the motion to reconsider.
Mr. BITTER. Will the Gentfrom Pensylvania [Mr. S'rsvnss] withdraw that motion‘t'or a moment?
Mr. STEVENS. Certainly. LEAVE OF ABSENCE.
Mr. BITTER. I ask leave of absence for my colleague, Mr. GRIDER, for the remainder of the session. Leave was granted. PllOVOST MARSHAL OENEHAL’S BUREAU.
Mr. HOTCHKISS. I ask consent to submit the following resolution: Irewloed.That there be printed for the use of the House 20,000 extra copies of the report relative to GeneralFry. without the testimony.
Mr. VANAERNAM. I ask unanimous consent to report from the ComInvalidPens 2 pension bills.
Mr. BAKER. I ask in colleague [Mr. Boss] to withdraw his objection. One of these cases is that of a soldier who is stone blind and dependent.
Mr. ELI) lDGE. I object to anything until the Representatives from Tennessee are admitted to their seats.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced that the Senate had passed a bill (S.R.No. 800) for the payment of the public debt, in which the concurrence of the house was requested. ADJOURNMENT.
Skip Skip Mr. STEVENS. I now renew the motion to adjourn. The question was taken; and upon a division there were ayes 53, noes 63. Before the result ot the vote was announced, Mr. STEVENS called for the ycas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yous 49, nays 71, not voting 62:. So the motion to adjourn was not agreed to. During the roll call, Mr. PAINE, said: I am paired with Mr. HALE on this and similar questious. If he were here he would vote “no, ” and I would vote ‘ta.7! h The result of the vote was stated as above recorded. TENNESSEE AGAIN. The question recurred upon 2nding the call for the previous question on the motion to reconsider tevote by which the JtResolution in relation to Tennessee was recommitted to the JtComReconstruction. The question was taken; and upon a division there were ayes 71, noes 41. So The previous question was 2nded. The question was upon ordering the main question to be now ut. Mr. ALLISON. I call for the yeas and noys on that question. The yeas&nays were ordered. Mr. BENJAMIN. I move that the House now adjourn. The question was taken; and upon a division there were ayes 54, noes 56. Before the result of the vote was announced, Mr. BENJAMIN called for the ycas&nays. The yens&nays were ordered. The question was taken; and it was decided in the noative yeas 46, nays 68, not voting 68; So the motion to adjourn was not agreed to. The question recurred on ordering the main question to be put, on which the yeas&nays had been ordered. The question was taken; and it was decided in the at rmatiye yeas 71, nays 34, 1101v;oting 77; So the mainquestion was ordered, which was on reconsidering the vote by which the JtResolution had been recommitted to the ComReconstruction.
Mr. SPALDING3 (at 5 o’clock and 35 minutes p. m. I move that the House adjourn.
Mr. BINGHAM. I hope that the motion to reconsider will be agreed to, so that I may offer a substitute for the original bill, have the substitute ordered to be printed, and call the previous question. Then the House can adjourn, and this question will come up in the morning as unfinished business.
Mr. WARD. I desire to ask the Gentfrom Ohio whether he intends to press this bill to a vote to night.
Mr. BINGHAM. If the arrangementI have suggested be agreed to, I do not; otherwise I do.
Mr. BOUTWELL. I would like to ask the Gentfrom Ohio whether he intends to allow any debate upon this proosition, or to permit an amendment to be 0 ered.
Mr. BI GHAM. I have no objection to hearing the gentleman’s argument in the morning; but I prefer that the previous question shall be called this evening.
Mr. JOHNSON. I desire to know whether the reamble has been sufficiently sugar coated fort e majorit of the House. [Laughter]
Mr. BINGHYAM. I leave that to be decided by the House when the vote shall be taken.
Mr. ELDRI'DGE. I wish to make a suggestion to the Gentfrom Ohio. We on this side have stood by him upon principle in bringinv up this matter; and Fhope that when we reach a point where the vote can be taken, the gentleman will not consent that the House shall adjourn. We will stand by him clear through. Let us have Tennessee in.
The SPEAKER. Debate is not in order. The previous question has been 2nded and the main question ordered. The Gentfrom Ohio [Mr. SPALDING] moves that the House adjourn.
Mr. SPALDING. I withdraw the motion to adjourn.
Skip Skip The House divided; and there were ayes 45, noes 61. Mr. PRICE demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the neative yeas 43, iiays 63, not voting 76; So the House refused to adjourn. The question then recurred on the motion to reconsider. The House divided; and there were ayes 70, | i. noes 27. reported adversel thereon. So the House reconsidered the vote bywhich ‘I the JtResolution was recommitted to the ComReconstruction. The question then recurred on the motion to recommit.
Mr. BINGHAM withdrew the motion to recommit, and moved the following substitute for the joint' resolution, on which he demanded the previous question:JtResolution declaring Tennessee ain entitled to Sens&Reps in ‘ongress. Whereas the State of Tennessee has in good faith of the U.S. f.apmroepnodsmedebnyt to the 39th Congress htoowtnheotLheegrwisilsaetu.troetshoef sthateissfeavcetiroanlo States. ress.by a proper spirit of obedicneo in the bodyof or people.her return to her due allegiance to the Government. laws, and authority of the U.S.: Therefore. Be it resolved 12y the Senate and HoRep of the U.S.A. in Congress anem bled.That the state of Tennessee is to be hereby declared restored to herformer.pro or practical relation to the Union and again ontited to be represented by Sens&Repsin Congress. duly e cctedand qualified.u poutheir taking the oathsof office required by existing laws. And then, on motion of Mr. 55 minutes past 5 o’clock NCpK.ESm, S., !)11t t a House adjourned.
Skip Skip PETITIONS, ETE. The following petitions.ke" were presented under thBeyrule and referredtothe appropriate committees: Mr. PERHAM: The petitionpf soldiersof the war of 1812. askingfor pension without regard to time of service. By Mr. HOTCHKISS: The petition of Jonathan Smoke.to be placedon the pension roll.
@@@IN SENATE SENATE. Fawn, July 20, 1866. Prayer by the Cha lain, Rev. E. H. GRAY. On motion of Mr. A THONY and byunanimous consent, the reading of the Journal of yesterday was dispensed With.
Skip Skip PETITIONS AND MRMORIALS. Mr. WILSON presented the memorial of JacobT. Smith, who served in the corps of sappers and miners, under the command of Lieutenant G. W. Smith, in the war with Mexico, praying for an increase of pension; which was referred to the ComPensions. Mr. CHANDLER presented a memorial of the Citizens’ Association of NewYork, remon strating against the provisions of the internalrevenue law which permit city railroad companies to add one cent to their rate, or to issue tickets covering the exact amount of the tax; which was referred to the Committee. on Fi nance. Mr. COWAN presented the memorial of Ward B. Burnett, late surveyor general of Kansas and Nebraska, praying to be reim bursed for expenses incurred by him in a journey to Washington city to repel certain charges made against him in his official capacity; which was referred to the ComFinance. Kclso. Ku 'kenilull, Mr. MORRILL presented a memorial of the butchers, provision dealers, and other stall holders of the Center market, in the city of Washington. praying for a charter to empower them in the form of a joint stock company to erect new and suitable buildings in the place oftbose now occupied asamarket house; which was referred to the ComDistCol. MILITARY PEACE BSTAPLISHMENT.
Mr. WILSON submitted an amendment in tended to be proposed by him to the amendment of the HoRep to the bill (S.No.138) to increase and fix the Military peace establishment of the U.S.; which was received informally and ordered to be printed. REPORTS OF COMMITTEES.
Mr. DAVIS, from the ComClaims, to whom was referred a bill (H. It. No. 620) for the relief of Elisha J. House, assessor of internalrevenue for the 2nd district of Michigan, Mr. NESMIT, from the ComCommerce to whom was referred a JtResolution R. No. 178 in reference to the Dismal wam Canal ompany, reported it without amen ment.
Mr. POLAND, from the ComPatents and the Patent Office, to whom was referred a bill (H.R.No. 589) for the relief of Delia A. Jacobs, late Delia A. Fitzgerald, reported it without amendment.
Mr. FESSENDEN. The Committee on Fi nance, to whom was referred a bill (H.R.No. 780) to protect the revenue, and for other purposes, have directed me to report it with 2 amendments. As there are only 2 amendments reported, it is quite unnecessary to have the bill reprinted with the amendments. I shall call it up presently. The amendments are very simple and it is unnecessary to print them. e PRESIDENT protemporc. The cus tomary order to print will be withheld. PERSONAL EXPLANATION.
Mr. ANTHONY. The ComClaims, to whom was referred the petition of Mrs. Mar garette Ann Laurie, for property destroyed in the DistCol, have instructed me to report a bill nting her pay for rent contracted to be paid for her premises, but without any compensation for property destroyed. This is a bil that should have been reported the other evening when we had especial meeting to consider reports from the ComClaims, and was not reported by accident. I therefore ask the indulgence of the Senate to consider it at this time. There can be no objection to this bill. y unanimous consent, the bill (S.No.441) for the relief of Margaretta Ann Laurie was read twice and considered as in ComWhole. It provides for the payment to her of $2, 700, in full: for rentof her house and lot, situated in Washington, and used by the Military authorities from June 30, 1862, to July 1, 1865.
Mr. FESSENDEN. Is there a report in that case?
Mr. ANTHONY. There is a report accom panying it, but perlidps I can explain the case in less time than the reading of the report would occupy. This bill proposes to pay for the rent of premises taken by order of the military authorities and occupied by the 1st RhdIsland regiment at the commencement of the war. Theytook possession of this lady's house and farm, and made a contract to pay 75 dollars a month rent. The soldiers there, as might naturally be supposed, destroyed a great amount of property, and she brings in a petition claiming:iy for the destruction of property and for the rent. The committee have made no allowance for the destruction of property, not because they did not think it ought to be made, for the estimate was made to us by a master builder who was sent out. by order of the committee to report, but because we feared it would not go through the House, and the woman is in such distress that she would rather have half what she is entitled to now than the whole by and by. We thought, therefore, we would only report what there can be no question about. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. COMMITTEES OF CONFERENCE.
The PRESIDENT protempore. In compliance with the order of the Senate directing the Chair toappoint a committee of conference on the disagreein votes of the 2 Houses on the bill (H.R.o. 692) increasing the pensions of widows and orphans, and for other purposes, the Chair announces the appointment of Mr. Lass, Mr. VANWixitts, and Mr. Dans. Under a like orderyon the JtResolution (H.R.No. 101) for the relief of certain officers of the Army, the Chair announces the appointment of Mr. RAMSEY, Mr. Cowss, and ltii. Seamus, as the committee of conference. STEAMBOAT INSPECTION LAWS.
Mr. EDMUNDS. In behalf of the committee of conference on House bill No.477, I submit a report. The report was read, as follows: The committee of conferenceon the disroeing votes of the 2 Houses on the bill (H. ll. 0. 477) further to irovido for the safety of the lives of passengcrson card of vessels propelledin whole or in part by steam.to regulate the salaries of steamboat inspectors.having met.after full andfree conference have agreed to recommend.iinil do recommend.to thvir respective Housesasfollows: That the HoRepa co to the 1st.through 17th and 21st amendments. as made by the Senate. That the Senate recede from the 4th amendment, with a modification of the clause as follows: strike out all after the word “under."in line ten. s“eaentiyocni rtewuom.asntadnicnesse;r”tainndptlhaactet the Hreooufstchaegwreoerdtos the same. That the Senate recede from the 18th and 19th amendments. That the House agrce to the 20th amendment. with an amendmentas follows: after the words" for the district of Portland. Oregon.$700”insert as follows: " to the supervising inspector of the Pacific coast.$2, 500;to other supervising inspectors.$2.000 each;" and the Senateagreeto the same. Z. A E JG.EORGE E. so‘iiUNDs. W. NES‘MITH. Managersonthepart of the Senate. CHARLES O'NEILL. D. C. McltUER. lfanugeraon.thepart of HieHouse. The report was concurred in. nuts. ELEANOR 0. BANSOM.
Mr. WILLIAMS. The ComClaims. to whom was referred the bill H.R.No. 709) for the relief of Mrs. Eleanor. Ransom, have directed me to report it back with an amendment; and I ask the indulgence of the Senate for the present consideration of the bill. It is a very small hill in favor of a needy woman; it is a House bill, and the amount appropriated by the House has been reduce by the ComClaims of the Senate. I presume there can be no opposition to the bill, and I should like to have it considered at this time. There bein no objection, the Senate, as in ComWhole, proceeded to consider the bill. It authorizes the SecyTreasury to pay to Mrs. Eleanor C. ltan som the sum of $500, to indemnify her for losses sustained by the sinking of the steam ship North America, on the 22d of December, 1864 and during her voynge from NewOrleans to NewYork, she having been ordered on board the vessel to nurse and care for sick and wounded soldiers of the U.S. during the voyage. The ComClaims reported the bill with an amendment to strike out all of the bill after the word “appropriated, ” in line 4, and to insert: The sumof 8400to compensatcher for servicesper formed by her in takin euro of the sick and wounded soldiers of the U.S.onthe steamshipNorth America on her voyage from NewOrleans to NewYork. in December.1364.
Skip Skip The amendment was agreed to. The bill was reported to the Senate and the amendment was concurred in and orderengross, and the bill to be read a 3rd time. The bill was read the 3rd time and passed. SMITHSONIAN GROUNDSWATCHMEN.
Mr. BROWN. I am instructed by the ComPubBldg and Grounds, to whom was referred a JtResolution (H.R.No. 159)‘authorizing the ComrPubBldg to employ 3 additional watch men in the Smithsonian grounds, to report it back without amendment; and as it is a resolution to which I presume no objection will be offered, and as it is desirable that it should be acted on, I ask for its present consideration. By unanimous consent the JtResolution was considered as in ComWhole. It was reported to the Senate without amendment, or ered to a 3rd reading, read the 3rd time, and passed. niLLs INTRODUCED.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.442) to prevent courts being used as instruments of persecution against loyal persons; I which was read twice by its title and referred to the ComJudiciary. He also asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 137) authorizin special juries in the DistCol; whiich was read twice by its title and referred to the ComJudiciary. BITCHES, ETE., IN PACIFIC STATES.
Mr. STEWART. I move to take up for consideration House bill No. 865. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 365) granting the right of way to ditch and canal owners over the public lands in the States of California, Oregon, and Nevada.
Mr. STEWART. This bill, after being considered by the Senate, was recommitted to the ComPubLands, who have reported an amendment as a substitute for the original bill. I suppose that the original bill need not be read.
The PRESIDENT protempore. The reading of the original bill will be omitted unless some Senator asks for its reading.
Mr. CONNESS. I believe the substitute is every word a bill which was passed by the Senate a few weeks ago.
Mr. CONNESS. There is no amendment to it, I believe. '
Mr. CONNESS. That being the case, perhaps it will not be necessary to read it.
Mr. STEWART. If there is no objection, I move that the reading of the substitute be dispensed with.
The PRESIDENT protempore. The question is on what has been read as a substitute in lieu of the Original bill after the enacting clause.
Mr. FESSENDEN. As I understand it, if a man has a claim and opens a vein, it is provided that he may follow it on to any adjoining land which he does not own or claim. suppose somebody else owns the adjoining land? how is it to be worked then?
Mr. CONNESS. The adjoining land is bought subject to that easement. That is the law now.
Mr. FESSENDEN. Then if we sell aman a piece of land he may go under any adjoining land of the U.S. that he pleases.
Mr. CONNESS. The ordinary lands of the U.S., not mineral, are sold according to what is called the rectangular system of survey, and alwa vssold by erpendiculur lines to the center of e earth. I he necessity of varying that law in the sale of vein mines arises because all veins dig at a certain angle, varying frequently, but t cy always diat an angle, never entering the earth vertical y, and so they Is the question on the run in layers one after the other. This bill in that respect simply conforms to what is both the custom and the law now the old custom of the Mexican miners, adopted by our own people, and sustained by the decisions of our courts. Every man now has the right to foll0w his vein.
Mr. FESSENDEN. But the lands belong to the U.S.
Mr. CONNESS. You cannot sell the lands for mining purposes in another way. The provision is simply that the ands in the mining regions shall be purchased subject to that condition; so that where one man has the right to follow into the land of another to the depth say of1,000 feet from the surface of the earth that other man has the same right to follow his vein on his neighbor's land. The land is bought running in slanting or oblique lines into the surface of the earth in place of perpendicular lines. That is l.
Mr. FESSENDEN. I 0 not understand how you are to work it. One man says he wants to work on his own land
Mr. FESSENDEN. I can conceive a reason why it is done now because the lands belong to the U.S., and if a man opens a vein he may follow it wherever he pleases; he has the same authority to o to the next adj oining piece of land that he as to occupy the place where he is; it is not surveyed yet. But suppose another man buys the adjoining piece of land, will you give his neighbor the right to go right under him?
Mr. CONNESS. As to agriculturalland, the purchaser would buy and own by perpendicular ines; but that rule cannot aply to a piece of mining land. One man hasa claim and another man alongside ofhimliasa corresponding claim. They each follow their lodes. Notwithstanding they have a complete title by posession to the surface, they also, by possessmn, by common consent, by the common law, sustained by the courts, if a vein di s at a certain depth into the adjoining land, have the right to follow it, and they do follow it. The perfection of this bill in that respect is, that it conforms to existin rights of to erty.
Mr. FESSENDEN. There cannot be any existing rights of property, because none of them have any property in the land.
Mr. STEWART. If the Senator will allow me, I think I can illustrate the matter so that it will be understood.
Mr. FESSENDEN. I think I understand it; but the difficulty is that I do not see the proriety ofit. I:
Mr. CONNESS. The matter may be explained furtherand perhaps made a little plainer y continuing the idea expressed by the Senfrom Nevada, that these veins are always encased in walls of rock resembling the width of a ribbon, we will say, or any given width; and these walls that incase the vein continue right down, so that when one man goes under another man’s ground he has not a right by this bill to go all through it and around it and under it. He does not interfere with his neighbor’s property in any respect. He simply follows the regular dip or slant of his vein, not affecting his neighbor in any manner whatever.
Mr. FESSENDEN. I thiiikI understand it. I w0uld inquire whether there is any limitation as to the amount that anyone man can pure ase.
Mr. CONNESS. Yes sir. mi. FESSENDEN. iVhat is it limited to?
Mr. CONNESS. anyone man cannot claim more than 300 feet on a lode.
Mr. CONNESS. 300 feet in the length of the lode, not 300 feet in the width; but as much land on either side of that lode as is necessary to carry on his operations, which is determined by the local law.
Mr. STEWART. By the situation of the vein.
Mr. CONNESS. That part of it is very strictly guarded. This is the same bill which we passed a short time since, without the alteration of a line.
Skip Skip The amendment was agreed to. The bill was reported‘to the Senate as amended, and the amendment was concurred in, and orderengross for a 3rd reading and the bill to be read a 3rd time. It was read the 3rd time and passed. On motion of Mr. STEWART, the title of the bill was amended so as to read: “A bill granting the right of way to ditch and canal Owners over the public lands, and for other purposes.”
Skip Skip MESSAGE FROM Tim HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the House had concurred in the reliort of the committee of conference on the disagreeing votes of the 2 Houses on the amendments to the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending June 30 1867, and for other purposes. The message further announced that the HoRep had passed the hill (8. No. 123) granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon, with an amendment, in which it requ ested the concurrence of the Senate. The message further announced that the HoRep had passed a bill (H.R.No. 234) to incorporate the National Capital Insurance Company, in which it requested the concurrence of the Senate. The message further announced that The SPEAKER of the HoRep had appointed the following as the joint select comRetrenchment on the part of the House: Messrs. Ronsn'r S. HALF. of NewYork, ROBERT C. Sensxcn of Ohio, Tno.i.s A. JEXCKES of RhdIsland, SAMUEL J. Ras DALI. of Pennsylvania, and Jens L. Tnouss of Maryland. ENROLLED BILL SIGNED. The messagealso announced that The SPEAKER of the HoRep had signed an enrolled bill (H. It. No. 8) to revive the grade of General in the U.S. Army; and it was thereupon signed by the President protempore. coxsutsu AND DIPLOMATIC BILL.
Mr. JOHNSON. I will ask the member from Massachusetts whether by this report the mission to Portugal is abolished, or whether the pay has been taken own from the present incumbent as proposed by the House.
Mr. SUMNER. The pay has been taken away from the present incumbent, and there is no appropriation for the coming year.
Mr. OHi SON. That seems to me to be rather singular. An appropriation has been made for that officer from the 1st. If there is any objection to the particular officer, I suppose the Executive ought to remove him; out to have a minister there and not to pay him seems to me to be singular.
Mr. SUMNER. Does the Senator ask for any explanation?
Mr. JOHNSON. Yes, sir; I should like to know what it is.
Mr. SUMNER. The original proposition came from the House, and in its 1st form it was that the mission should be abolished. When the committee of conference came to ther it was evident from what was said that in that proposition the House were firm; they were determined not to yield, and it was impossible for us to proceed in our conference until we had entertained that proposition. The result of further discussion was that the proposition was modified in the form in which it is now reported. Instead of undertaking to abolish the mission, the appropriation for the coming year for the mission was taken out, and there was an exiress revision to the effect that the present incumbent should not be paid for any further services out of any fund whiat ever. If the Senator wishes to know why that was done, I shall not go into any statement, but shall content myself, if the Senator re gpires it, by sending to the Chair a letter from Mr. Seward. covering a letter, which has been printed, from the present minister to Portugal. hat correspondence discloses the origin of the determination on the part of the House, and to which the committee on the part of the Senate finally yielded.
Mr. JOHNSON. I have no desire to have the letter read. I have seen nearly the whole letter, or portions of the letter, printed; butI supposed that that letter was intended to be a private letter.
Mr. FESSENDEN. The SecyState explains that. Let us hear his explanation.
Mr. GRIMES. Let the letter of the SecyState be read.
Mr. SUMNER. The letter of the SecyState perhaps had better be read. It will appear from that that the letter of Mr. Harvey was printed at the request of the POTUS. The PltESiDENT profemporc. The letter will be read if there be no objection.
The Secretary read as follows: Danni nan or Sure, WASHINGTON, June 19, 1866. Syn: I have had the honor to receive the letter which. as secretaryof the Committee on appropriations of the HoRep, you dressed to meon the 15thinstant, and in which you commu nicate a resolution of the committee “ that the SecyState be requested to furnish this committee with a copy of Portugal. a letter fromMr. llarvoy, ministerat said to have been addressed to the Dept of State and publishedin pnoof theNewYork 23ers some 5 or 6 weeks since, which had spo' or reference to the action of Congress.”. In. reply, i have the honor to say that sometime in April last I political received, among unofficial letters upon one of th Questions ferro Which izweanssaatdhdoremseseadntdoambyroseald fully and which bearsdatethe 21th of March t. from James Harvcy.Esq. who is resident oi the the minister U.S.at Lisbon. 0n readin: pthoelilccytter andfindingit to contain a discussion of the of the Admmistration in record to the closing of the civilWarv I submittedit, with others of the some character. to the POTUS for his information. He remitted it suggestion to me with a that it might be expedient to publish it. I thereupon handed the original or a copyof it to tdhide publisher or agent of the NewYork Tmcs. It riot thon seem to me nor did it it occur to methat anmy iizlit secmto others that the letter had either Congressiol character or any special reference to The letter was published without any itthought that it reflected upon Congressor even that alluded to them.and.simply for its bearing upon the question of reconciliation and the tribute which I thought U.S. inJUSUY paid to the POTUS By the connection with that question. President’s direction I inciose the letter to you for the information of the committee. I am. sir, your obedient servant, WILLIAM. H. SEWARD. B. J. srnvnivs, Foe" Secretary to the (bmmraeocnAp proprmttom.HoRep.
Several Senators. Let the other letter be ten.
Mr. SUMNER. I have here the letter of Mr. Harvey, and I will ask that that be read so.
Mr. CONNESS. Let it be read, so that it may go on the record.
Mr. TRUMBULL. It seems to me we have heard enough of that. [“ Oh, no.”] There is noiieed to take up the time here in reading this diSsertation.
Mr. POMEROY. I thought of objecting to the reading of this letter, but I understood the Secretary, in the 1st letter which was read, to say that this had “the ring of the true metal, " and I wanted to hear it and see it published.
Mr. TRUMBULL. The letter has been published, if anybody wants to see it.
The PRESIDENT protempore. Objection being made to the reading of the letter, it will be determined by a vote of the Senate.
Mr. WADE. I wish to inquire whether that is a private letter, and how it came to be published.
Mr. JOHNSON. It is a private letter, I understand.
Mr. WADE. How came it before us? Can anybody tell?
Mr. GRIMES. Mr. Seward tells us in his letter that it was ublislied at the instance of the President oftie U.S.
Mr. WADF. I understand it to beaprivate letter, published without the authority of the writer, and whatever its statements may be, I think we do ourselves no honor in reading it over in public or busing any action whatever upon it. It looks to me as though it had no business here before us, no matter what. it may contain, and that we ought to base no action upon a irivate letter drawn out in that way.
Mr. OWAltD. I suppose the reading is very nearly finished. I have listened with great attention and considerable interest to the state ments contained in the letter, especially with ii. view to find that part of it which contained “the ring of the true metal.” Thus far I have not been able to hear that peculiar “ring " and I wish that the letter may, in justice tot is author, be read entirely through in order that we may get nt the nub of it, if it has any.
Mr. JOHNSON. When the existence of this letter was brOu hi: to the attention
Mr. SUMNER. hope, before the Seriator proceeds, that the reading of the letter Will be finished.
Mr. JOHNSON. I thought itwas finished. I think we have heard enough of it. Imove to dispense with the further reading of the letter. The motion was not agreed to.
The PRESIDENT profem pore. The reading of the letter will be proceeded With. the Secretary continued the reading, as follows: Wishing ypii gpihthrough all these voxations, I m. I t I a "'8em M “ y JAMES E. HARVEY. [Laughter]
Mr. JOHNSON. That is he is to remain there without pay, or, if he cannot remain there without pay, he is to resign upon compulsion. It seems to me to be unjust. I do not speak it in reference to myself, for I am not in the habit of writing private letters, but I can have well imagine that gentlemen of warm politica tem per, in and out of public life, write letters which are intended to beconfidential letters that should he held as confidential, without dreaming that they are violating any duty which they owe to the Government or to any member of the government. It seems to me that what has been done by the committee of conference is not called or by the actual condition in which the incumbent is placed.
Mr. WAD. I hepo we shall not pursue this subject an further. I certainly do not sympathize with the sentiments of that letter any more than any gentleman upon this floor does; but when I consider the way in which it came before the public, when it was evidently designed as a confidential letter, it seems to me we ought to take no action upon it. Be sides, how much worse is the man who wrote that letter than they who approved of its sentiments and sent it to us, an who are now in the pay of the U.S., and will be proba bly or a long time? Sir, the sentiments in that letter certainly deserve no more reprehension from the Senate than the conduct of those who have approved of those sentiments and sent them before the world. If we are to take the pay from one, why not apply the principle to all who concur in these sentiments an who are hostile to the principles we hold, and who have sent the letter 11 re? Are they not as much to blame as he who wrote it“! There is no difference between them in that particular; and if the conduct of the minister is so reprehensible that his pay should be stopped because he wrote the etter, then those who received the letter and approved and published it, when it was written as a confidential one, are just as reprehensible as the man who wrote it. I think Congress had better drop the subject.
Mr. FESSENDEN. I regret that this provision is inserted in the report of the committee of conference; and I have no idea that if it could have been avoided the committee on the part of the Senate would have consented to it. be reason of my regret is that I think it is rather undignilied for us to notice an thing of that sort comin from a minister. at I understand from the chairman of the committee of conference on the part of the Senate‘ that the question was simply to abandon the bill or have some provision of that sort.
Mr. FESSENDEN. That being the ease, I do not seethat there is anything left to us but to do one of 2 things, either abandon the bill or let this provision remain; and I shall vote to pass the bill, although I should prefer not to have this clause in it. That is the simple question before the Senate, and therefore I shall vote for the acceptance of the report of the committee of conference. As I said on a former occasion, I think that if we paid any attention to this letter, we could not have avoided coming to the conclusion that it was intended to be a severe reflection upon Congress, or upon a certain portion of congress. That is as manifest as anything can be.
Mr. FESSENDEN. There is no doubt of it, as the Senfrom Maryland says. How the SecyState could have read the letter and not have known that is a mystery to me. Probably he did not think it worthy of much attention or much notice, and therefore did not give his mind to it. He says he published it at the suggestion of the President. Although I agree that it is hardly worth while for us as a Congress to notice the letter in this way, I think there is no mistaking its character. It was written evidently because the writer thought that by puffing the President and the SecyState and praisin their course and abusing those in Congress wh0 did not agree with them, that he would please the SecyState,ing ratitate himself with that officer and secure his position. I resume that is all there is of it; and he wrote teletter not for publication nn questionably, but simply for the attainment oft at purpose. He was willing to do it with that view. ow, whatever I might think of the minister who would do such a thing, I certainly should agree with those Senators who say that it was hardly worth while for Congress to take any notice of it. If the sense of propriety which was due to a coordinate dept of the Government did not of itself induce his removal and "the appointment of somebody else by the proper authorities, it would have been better for Congress to pass it over in silence, especially as it is evident that the letter was not intended for publication. But it got out; it was seen fit to publish it; the name of the writer was given, and perhaps some notice could hardly be avoided. Though I entertain my own private opinion, which I now make public, [laughter, ] in ref erence to the character of the letter itself, I do not think it worth while to lose an important bill on a provision which the House insist upon insertin here.
MrdIOWARD.Mr. President, it has been remarked that the letter under consideration was published at the request or sugestion of [866. (idfUlgE. 3955 the POTUS. I should like to inquire of the Senfrom Massachusetts whether that be so; whether there was an evidence of that before the committee.
Mr. SUMNER. Certainly. It appears in the letter of the SecyState which has been read at the desk.
Mr. HOWARD. I am inclined to think the House has done exactly right in cutting off for the future all compensation from the present American minister resident at Portn a The letter, as has been very justly remarked, contains many very severe strictures upon the conduct and policy of Congress, which I think had commenced its session at the date of the letter, and had been in session for some months before the publication of the letter. I do not understand what right an American minister abroad has to pass such reflections upon the legislative authority of his country, whether they be found in a private letter or in a public dispatch. I can draw no distinction of the kind. An American minister abroad who assumes to censure the conduct of his country at home, or its policy, or to set himself up as a judge and a censor of the public conduct of his country at home, is not, in my opinion, fit to be the representative of that country. It does not belong to him either in his public or private letters to dabble in the polities of his country and to show himself a partisan. I listened, sir, with a great deal of pain to the sentiments contained in that letter. It is written in the spirit of partisnnism, and ofbired and paid partisanism, written for the pay use of being used as a partisan document, an the person to whom it was addressed saw fit to use it for that purpose. It has been used, and manifestly for the purpose and for the promotion of the interest in which it was written. I prefer, sir, to teach this gentleman who thus assumes to represent the American Government abroad, that for the future he cannot be paid for spending his time in Portugal in such vile and unworthy employments.
Mr. FESSENDEN. The Senator probably did not attend to what I said. I said distinctly that this proposition was not according to my juggmr.
Mr. HENDRICKS. I know that, and therefore I expressed myself with great care, for I said I was surprised that the Senator had given his consent to it.
Mr. FESSENDEN. I do not give my consent to it. I only say that it is better to have this provision in than to lose the bill.
Mr. H EXDlt ICKS. Before the Senator takes his seat [wish to ask him one question. I wish to ask the Senfrom Michigan if it be right to withhold from this subordinate oliiee hoh or his salary because in a private letter he has expressed his views upon the question of difference between Congress and the President, because he wrote that private letter; is the senator prepared to say that the President shall not have his alary because he holds these views in opposition to Congress and because be contributed to the publication of this letter? And if the Senator is willing to go that far, is he willing to go still further in the course of revolution and to deny to every office holder his salary where he differs from the majority in Congress?
Mr. HOWARD. Mr. President as I remnrked before, there is a great distinction hetWecn the official position held by an American minister abroad and any officer at home. An American minister is not expected to take part in the political partisan squabbles of his country at home. It there be difficulty in the family, if there be disputes between members of the same household, it is the duty of each and every one of them to conceal, so far as practicable, the fact that such dissension exist. It is not necessary for a foreign minister, nor is it proper in a foreign minister, to be flirting into the faces of foreign Governments the fact that his country is divided by partisan dissensions; he ought to throw the veil of charity and concealment over such facts so far as is practicable to him. Decency and a proper sense of decorum. it seems to me, would require this at the hands of a foreign minister.
Mr. HENDRICKS. I ask the Senator if there is any evidence that Mr. Harvey has ublished any views that are distasteful to giim abroad. This letter was written to the SecyState at home; it is a private letter; an now I ask whether the Senator is willing to withheld from the President and from the SecyState their salaries because they have consented to the publication of these views and because they concur in them, because they differ from the majority in Congress, and if so whether that is not revolution.
Mr. HOWARD. Mr. President, that question implies a veiy different state offucts from that which exists with regard to Mr. Harvey. Mr. Harvey is a foreign minister, residing abroad, and representing his country as a nation abroad. It is because he is in that high position, one in which he ought to observe impartiality in his eouimuiiications as to the state of parties in his own country, that I now find fau t with him. I would not refuse to the POTUS his salary because he does not concur with me insipmoply it ical opinion, nor would I refuse salary to any other officer at home for the same reason; but that is not the nestion. The question is whether a foreign minister who has so far for ‘gotten the dignity and impartiality which pertain to his station as to be disrespectful to the Government of his country shall be for the future paid and supported by that Government. Are we willing to submit to disrespect and almost insult and to pay the offender out of the public Treasu? That is the question.
Mr. HENDtICKS. I wish to ask the senator one further question. Last Congress the Administration was spoken of as “the Government.” When has it come to be the fact that Congress is now the Government? The Son ator now speaks of a criticism upon congress as an attac upon “the Government.” ghast Congress and the congress before if any man spoke of the President, it was said to be an attack upon “the Government.” When has he adopted this change of views in regard to where ‘the Government.” is?
Mr. HOWARD. I recollect very well that in the attacks of the honorable Senfrom Indiana upon the Republican party, or rather the majority of Congress, he was in the habit of treating the executive government as being the Government of the U.S.
Mr. HOWARD. But so far as I am concerned, I beg to say that I never spoke of the Government of the U.S or the government as being anything else but the congress of the U.S., the executive ‘and all its branches, associated with the judicial dept of the Government of the U.S. It is these several depts which I regard as the Government of the U.S., and to impute to me the fault, if it be a fault, of speaking of the executive branch of the Government of the U.S. as the Governmeflt is an imputation which the senator mnst know very well is entirely unfounded. I never 5 oke of it in that way, nor have I been in the haiiit of listening to my political friends here and hearing them speak of it in the same way. I know that it has been imputed to us that we then regarded the Executive as being the Government, but that was a mere artifice of political adversaries, used for the purpose of stigmatizin the majority in Congress as having yielde up all power to the President. That was all it was a mere party fling and nothing else. No sensible man, certainly on this side of the Chamber, has ever spoken and treated of the executive dept of the Government of the U.S. as the government. In short, the Senator will allow me to say that this charge which he thus brings against us, and which he has so often reiterated here, is entirely unfounded, utte ly unfounded. I will not say it is a creature of iis own brain, for I know very well that the same imputation has been frequently hurled against us by the adversary all over the country. It is useless for him and me to discuss such a nestion as this, as we both know quite well what the Govlernment of the U.S. means and imies.
Mr. COWAN. Mr. President, I am exceedingly sorry that such a question as this should ever be debated in the Senate of the U.S. Suppose we admit everything said by the honorable Senfrom Michigan, and charged against this public servant, does that justify us in breaking our contract with him?
Mr. COWAN. It is no contract! When we employ a servant to go abroad and represent us abroad, and we stipulate by the law that we will pay him a fixed annual sum for his services, there is no contract in that, and that can be violated with iinpuiiit, and himself and his wife and his children left to starve in a foreign land.
Mr. HOWARD. Does the Senfrom Pennsylvania regard an office, from which the incumbent is removable at pleasure, as a contract?
Mr. COWAN. Unquestionahly; andahigher form of contract on the part of the Government than that which binds individual men.
Mr. HOWE. If, then, the President removes a man from office, does he violate a contract?
Mr. COWAN. No, sir, he does not violate a contract. The removal from office is one of the contingencies provided for by law; but is it provided for by law that if an American minister abroad chooses to give his opinion upon public affairs here he shall not be paid his as ary? If that is the law, then I admit we have a perfect right to treat Mr. Harvey’s let her in the way some gentlemen here would like to have it treated, but that is not the law.
Mr. HOWE. Then, if I understand the Senator, if Congress takes away the pay of the minister to Portugal for the next year, that is a violation of contract, but if the President takes Mr. Harvey away from the pay, that does not violate the contract.
Mr. HOWARD. Will the Senfrom Pennsylvania allow me to say one word?
Mr. HOWARD. Is not that last clause of Browulow’s telegram intended as a sort of echo to the 22d of February speech, in which the author of that speech spoke of Colonel For uey, to whom that tele ram was addressed, as being a dead duck? oes he not understand it to be an echo of that? ‘
Mr. WILSON. I do not see any pros ect of getting a vote on this report; and we ad a special assignment for one o’clock today, the bill for the equalization of bounties, which I desire to take up.‘
Mr. FESSENDEN. The unfinihed business of esterday takes precedence of that.
Mr. ILSON. It was understood that that was to be disposed of yesterda.
Mr. SUML ER. I hope we shall have avote upon the report.
The PRESIDING OFFICER, (Mr. HARRIS. in the chair.) The question is on concurring in the report of the committee of conference.
The PRESIDING OFFICER. Is the senate ready for the question on concurring in the report of the committee of conference? he question being put, the Presiding Oliicer decided that the report was concurred in.
Mr. FESSENDLN. I hope we shall now proceed with the unfinished business.
Mr. BUCKALEW. I rise to call for the yeas&nays on concurring in that report.
The PRESIDING OFFICER. The Chair is ofopinion that it is too late.
Mr. UCKALEW. Of course, if the Chair declines to withdraw his decision, I cannot make the call.
Skip Skip A message from the HoRep, by Mr. McPnsasoN, its Clerk, announced that the HoRep had passed the following bills and JtResolutions, in which it requested the concurrence of the Senate: A bill (H.R.No. 772) to authorize the issue of certain bonds in denominations greater than $1,000; A bill (H.R.No. 776) in relation to the unlawful tapping of Government water ipes; AJtResolution (H.R.No. 83) dec aring Tennessee again entitled to Sens&Reps in Congress; and, l A JtResolution (H.R.No. 191) relating to the building occupied for a national fair in aid of the or haus of the soldiers and sailors of the U.S. ORDER OF BUSINESS.
The PRESIDING OFFICER. The unfinished business of yesterday, being the civil appropriation bill, is now before the Senate. ll
Mr. WILSON. We had a special assignment for today at one o’clock, which was the bill to equalize the bounties of our soldiers. It has been assigned for 3 or 4 different days and been pushed aside by the appropriation bills. I supposed that this miscellaneous appropriation bill would be acted upon yesterday, but a great deal of the day was consumed by the bill which was under the care of the Senfrom Ohio, [Mr. Susanna] I now move to postpone the pending and all orders, and that the Senate take up Hporuiosre bill No. 602, the bill for the equalization of bounties.
Mr. FESSENDEN. Of course Icannot consent to that. This is an appropriation bill; we are probably on the eve of the adjourn ment; and we must dispose of this bill. After we have acted on it, it has to go back to the House again. It is not customary at this period of the session for the appropriation bil s, 'es ocially when under debate and the unfinished business, to give place to other bills that are not of such pressing importance. I hope the motion will not be a reed to.
Mr. LANE. The bill named by the Senfrom Massachusetts to equalize the bounties of our soldiers has been llXt Btlas the special order some 3 times within the last ten days, and on 3 several days it has been displaced. I think it is important to act upon that bill and to equalize the bounties, or else let the countryl know that we do not intend to act upon it. these appropriation bills will go through as a matter ofcoursc. They are never,0r but very rarely, defeated, and there is no doubt that they will go through; but I desire, for one, to take up the bounty bill and let the country know and the soldiers know whether we are inclined to equalize theirbounties or whether we shall do nothing on the subject at this session. It has been displaced 3 times by the courtesy of the chairman of the Military committee to give place to other matters not, in ny opinion, so urgent and so important as this. l1 ithout any disposition to delay or defeat the passage of the appropriation bill, I shall now vote to take u the bount bill.
The PRESIDING OFFICER. The motion is that the unfinished business, which is the civil appropriation bill, and all rior orders, be postponed, and that House bill No. 602, for the equalization of bounties be taken up.
Mr. LANE. I ask for the yeas&nays on that motion. The eas&nays were not ordered.
Mr. VILSON. I am willing to agree to one thing: if we shall be allowed to take up this bill tomorrow, and nothing else shall be allowed to interfere with iIt, wi I not press the motion now.
Mr. FESSENDEN. You can takeit up then unless there should be some appropriation bill in the way. I do not know that there will be any.
Mr. LANE. I renew the call for the ycas&nays on the motion. I want to put myself right on the record, at least. he yeas&nays were ordered.
Mr. CONNESS. I think no matter how important this bill may be, it is an unusual proceeding to undertake to force an appropriation bill from the ComFinance, which is arlly considered and which is the unfinished liusiness, out of that order that another bill may be taken up. It is, in my opinion, aquestion that ought not to be raised in the Senate. The priority of business, since I have been in the Senate, has been conceded to the ComFinance, and I think that rule and order by consent ought to remain. It is disagreeable to vote as between the chairman of the respective committees who raise this question of priority and as between the bills presented; and I should like to appeal to the honorable senators who are pressing this matter to withdraw the call for a vote upon this question. Let us go on with the appropriation bill and dispose of that, and then we will vote with them to take up their bill and get a vote upon it. I will for one.
Mr. FESSENDEN. I cannot agree to that, because there is the tariff bill that must be passed. I presume it will not give rise to an debate; it will not take half an hour; but I must insist on assin it and sending it back to the other house before other business is proceeded with.
Mr. CONNESS. Iwas not making an agree ment, of course, for the honorable c airman of the ComFinance. I was only adding a word of mine to the end that we should have no contest of this character as to the order 0 business. '
Mr. YATES. Mr. President, this bill for the equalization of bounties was assigned for to day . I understand that according to the order of business in Congress the appropriation bills are usually the last bills tmt are passed. We know very well that when the appropriation bills are passed the effecl. usually is to kill other bills not acted upon, however important they mu be. The appropriation bills are usualllyt e last things in the order of legislation. Now, sir, this is too important a measure; there is too much expectation in the country; there is too much jus tice due to our soldiers to pass it over at the present time. Although I have so much def erence for the opinion of the Senfrom Maine and know the importance of his bills, ct, as it is usual, I believe, that this particu r appropr‘iation bill is the last in the order of bills that are passed, I sincerely hope that the bill to which the country is looking, which is of so much interest, the bill to equalize the beauties of our solders, will not be passed over, but that we shall proceed to act upon it at this time.
Mr. FESSENDEN. Let us have the question. If the Senate say that the appropriation bill}? shall give way for this bounty bill, very we.
Mr. WILSON. I will agree to withdraw the motion on this understanding: the appropriation bill now before us was taken u i yesterday and is the unfinished business. whon that shall be disposed of I shall renew my motion to take up this bill, and [shall then insist upon taking it up as the next business in order. If the Senator disposes of his appropriation bill today, we can take this up alterward as the next bill; but I give notice that I will antag onize it to the tariff bill or any other bill.
Mr. FESSENDEN. I give notice to gentle men that I must call up that little tarilf bill, which will take no time, I presume.
The PRESIDING OFFICER. The motion cannot be withdrawn unless by unanimous consent, the aw&nays having been ordered.
Mr. L i‘. If I am permitted to withdraw the call for the ycas&nays, I will do so, on the suggestion of the chairman of the ComMilAffrs and at the request of others, but it is with the fear that this bounty bill will not pass or we shall not get a vote upon it at this session. This is the end of it unless its friends urge its immediate consideration.
The PRESIDING OFFICER. The Chair bears no objection, and the motion is with drawn. CIVIL APPROPRIATION BILL. The Senate, as in ComWhole, resumed the consideration of the bill (H.R.No: 787) making aparopriations for sundry civil expenses of the government for the year ending ] one 80, 1867, and for other purposes.
Mr. FESSENDEN. I send an amendmentto the Chair to be inserted at the bottom of page 2, after line 36: puFnoirshemxpeenntspeesorsfodnesteeentging and dinbpricnrgpientgrattointgrifar lands upon the U.S., to be disbursed under the direction of the SecyTreasury, $10,000.
Mr. GItIMES. I offer the following amendment as an additional section: Abife: That the SecyNavy be, and he is hereby authorized to dlSDOBoOf the propertyreceivedfrom the rebel steamer Flor ipdrais.eamndondeiystribute the proceedsthereof as other is required by law to be distributed.
Mr. FESSENDEN. I should like to have some exlanntion of that amendment.
Mr. G ihIES. It will be remembered that in the harbor of Bahia, in Brazil, the rebel steamer Florida was captured by the catain of the U.S. ship Wachusett, an she was brought to American waters, and was lying in Hampton Roads, and by one of those mys terious dispensations of Providence, which 2 military or naval courts martial have been unable satisfactorily to account for, she was sgnk by an Army transport. Before she was sunk, about 14,000 dollars’ worth of property that is the whole amount that is involved had been taken from her. I have alist of. the property on my desk; and it is proposOdthat halfthat property which is now in t 10bands of the SecyNavy shall be distributed between Captain Collins and the officers and crew of the Wachusett as other prize property is distributed the other half going into the naval pension und.
Skip Skip The amendment was agreed to. Mr. ANTHONY. I move to reconsider the vote I) which the amendment on page 3, from line ii ty eight to line 62 was adopted. I have another proposition which, if this motion prevails, I shall offer to cover both those clauses. Mr. FESSENDEN. There is no objection to that. The mtR agreed to.
The PRESIDING OFFICER. The question now is on agreeing to the amendment reported by the ComFinance.
Mr. ANTHONY. I now move to amend the bill by striking out all from line 54 to line 62, which will include the amendment of the committee, in the following words: For the pur mileof printing and publishing at the Government rinlint: officethe lirtvolumesof the Medicul and Surgical Illnlllf)’ of the Rebellion, under the direction of the Surgeon(ivnernl. SULIXIJ. For the preparation.printing and publishing at the (iovernment Printiii offiveof the report of the inedivul statisticsin the bureau of the Provost Mur shnl General.to beprepared under the direction of SurgeonJ. U. Baxter. And inserting in lieu thereof the following: For the purposcof preparingfor publication.under the direction of the SecyWar, and of printing nt the GovernmentPrinting Office.5,000 copiesof the 1st volumeof the Medical and Surgical History of the Rebellion. compiled by the surgenn Go| icraal.nd for the purpose of preparing for pVuabrl, icaantidono, funpdrienrtitnhge adtiretheetioGnoovfertnhme Senect rPertinatriynogf Office, 5,000copiesof the medical statistics of the Provost Marshal Generafs Bureau, compiled and to becompletedby SurgeonJ. H.B: txter. ProciduL that theeditionsof bothpublications thus ordered shall bedisposedof as Connressmay cro after direct: And provided further.That the necessary engravingand lithographin for these publications may be executed under the Secretary direction of the of War. without advertisement.
Mr. JOHNSON. Is $60,000 appropriated for both works?
Mr. GRIMES. Do you say that $60,000 is neMcers.saAry;THONY.v I do not think $60,000 is necessary. 60,000 dollars was sufficient to print the 1st volume of the Medical History and to pay for the printing of it. We have now provided that the printing shall he done at the Government Printing Oliice. At the same time, the work is to be done under the direction of the SecyWar, and it is not likely that any more will be expended than is necessary. There is a general law which requires that all engraving, when the estimated amount exceeds 5250, shall be advertised for, and given out to the lowest and best bidder. This en ving is of a peculiar character. But very few persons are capable of doing it, and those are persons who have been specially instructed in the Surgeon Gen crafs office; and it seemed proper, therefore, that this provision of law slioul be waived in this instance.
Mr. FESSENDEN. I should like now to finish the committee’s amendments, and so I will ask the Senate to turn back to the amendment for the Providence hospital and have that disposed of. But before doin that, as this bill is under consideration, I have received and desire to present a ctition from a large number of property holers and citizens of Georgetown, praying Congress to continue the appropriations for this year for lighting Bridge and high streets, in that town. wish to present it now, and have it laid upon the table, as the consideration of it must come upon this bill, if at all. The House has struc out of this appropriation bill everything for lightin Bridge and High streets, in Georgetown, an it must be lit on this bill, if at all. The PR SIDING OFFICER. The petition will be received, by unanimous consent, and laid on the table. The question now is on the amendment of the Committee on Fi nance, to strike out, after line 482, the following clause: Providencehospital. DistCol: For the purpose of aidin in the erection of an additional building to the providence hospital. in the city of Washinzton. $30,00op:rovided, That if the said property should ever be sold or diverted from the uses expressedin the act of Congressentitled "An act to incorporateProvidence hospital, of the city of Washington. DistCol, "approved April 8. 1801t.hen thesum of $30110sohall be 1st paid out of the proceeds thereofinto the U.S.Treasury to reimbursethe sumherebyappro printed. The SECRETARY. It is proposed to amend the clause proposed to be stricken out by inserting after the word “dollars” in line 486 the following I‘T'O' vise
Mr. FESSENDEN. The question now is simply on concurring in the amendment of the committee striking out that clause. If it is stricken out, that additional proviso will not be necessary, but if it remains in the bill, that proviso should be added to it.
Mr. SHERMAN. I do not know the precise stage of the bill, but the ComFinance reported an amendment striking out the appropriation for the Providence hospital. The appropriation as it stood was objectionable in some particulars, and to obviate those objections I have drawn an amendment. [will therefore move. before the amendment of the ComFinance is acted upon, to strike out the proviso and insert in lieu thereof what I will send to the Chair.
Mr. FIGSSENDEN. Would it not be better to put it in as the 1st proviso, leaving the one now in to stand?
Mr. SHERMAN. It will do in lieu of the reviso. Ithiuk it covers the whole ground. tis to strike out all of the proviso commencing in line 846 and to insert: Provided, That no portion ofsnid sumshall be expendeduntil the plan of such building shall be submitted to the architectof the Capitol extension.and. he shall certify that it is well adaptedto the purpose contuni lated and that its cost will exceed$60000: andmi sumof $110,0soh0all be paid in installments ascquul amountsderivedfrom Othersources shall be expended on said building: and thesaid liuilding is hereby dedicated to the relief of sick and indigent persons without distinction asto creedor color and shall remain under the careof the Sistersof (‘hnrity as incorporatedunder on not(‘lilillull “ An act to in oorporotethePi ovideneohositalot theeityof Washington. DistCol, ‘npproved April:5, 18% The history of this charity, as near as I can learn from the ladies who have charge of it, is this: the Sisters of Charity undertook to relieve the transient sick and disabled persons in the DistCol. Some few years ago congress appropriated a small sum for the relief of 60 patients under their care, a sum barely sufficient to pay at that time the expenses of 60 patients. thut sum has been continued from that time to this. The sum then appropriated was insufficient to pay the expenses of 60 patients. Those patients are sent to the charity by the ComrPubBldg and Grounds, and by other public (illicers, and mostly persons connected With the Government.
Mr. FESSENDEN. We doubled the appropriation last year and this.
Mr. SHERMAN. And we doubled the number of atients, also.
Mr. MORRILL. The Senfrom Oregon misappreliends me entirely. I have not argued that it was not the duty of conss to endow a hospital here. I have said simply that this was a private corporation to administer charity on its own account, and that the question is, whether the Congress of the U.S. will endow such institutions. Now, to illustrate, here are 5 maiden ladies, I believe, corpo rators. Suppose they were not associated by the act, but were doing precisely what they are doing under the act of incorporation, and applied here, setting forth the act that they had a private hospital, would Congress grant them $30,000 in this bill? Would Congress grant. them $30,000 if they were not incorporated? Congress would not consider it for one moment. Does it change the case at all that you have associated them by act of incorporation, by the terms of which you have no control over them? They stand precisely, so far as the Government of the U.S. is concerned, as they'would if they were associated by articles of association. You have no power of visitation, no power of supervision. Now, sir, that we ought not to endow an institution here of this sort I have not argued; but I maintain that if Congress is to endow an institution it should be one over which it has control, over which it has supervision, and into which it has a right to enter. That is my doctrine. I say that if you are going to vote these miscellaneous charities to institutions over which you have no control, I do not object, but it is a gratuity; it is a charity; the object is worthy. If you can afford to lavish it, very well; but I had supposed that the appropriations you would feel authorized to make were to your own institutions, to an institution which was a public institution by an act of your own, over which you had some control and an ervision. That is the distinction I under ta c to make.
Mr. FESSENDEN. such as the Insane Asylum.
Mr. ANTHONY. The main objection to this charity seems to be that the managers of it are doing something for themselves instead of calling upon Congress to do the whole, as in the case of the other charities that we are contributing to. It does not seem to me that the Senfrom Maine at the head of the Fi nance Committee manifests his usual persistence when he is willin to give u a deserving charity because his colleague at the head of the ComDistCol says that if this passes, he means to propose a great many others which will not meet his aprohation. n the course of his speech he said that at this evening session, which is to be devoted to DistCol business, he means to bring forward these other charities, whether this passes or not.
Mr. ANTHONY. I understood that the Senator was to bring forward a number of other institutions as the recipients of public bounty.
Mr. MORRILL. What I undertook to say and if the Senator had paid a little attention to me perhaps I should not have occasion now to repeat it was, that I did not rise to oppose this apprOpriation, but to say that it was al private charity, or contribution to a private corporation, and that there was another private corporation of a similar character asking the same thing, and that the DistCol Committee had not granted it, and had not concluded to grant it, exec t on the condition that the precedent was estalished of granti these beauties to private charities. That is al I said. I did not say it by way of menace, and I did not say it by way of argument to induce the Senate not to enter upon this system.
Mr. ANTHONY. It seemed to have that eTTect upon the Senator who had charge of the bill.
Mr. MORRILL. I think in the fact there is legitimate argument, and I think there is legitimate force in the fact. It presents the question whether the Senate of the U.S. will endow institutions in which they have no interest and over which they have no control.
Mr. ANTHONY. The question is whether we shall endow charitable institutions which can help themselves, whether we shall give $30,000 to the managers of an institution that raise $60,000 themselves, or whether we shall 've all our bounty to those institutions that 0 nothing for themselves.
Mr. GRIMES. What are those institutions?
Mr. ANTHONY. The Deaf and Dumb Asy lum and the Insane Asylum. 75,000 dollars is apro riated in this bill and very properly, Itin, for the deaf and um.
Mr. FESSENDEN. Private individuals have done nothing for those. They are government institutions.
Mr. ANTHONY. Here is an institution which renders a most valuable charity. I believe it. was at one time the bnl institution in which colored people here could have hospital accommodations.
Mr. SHERMAN. I think this is the only institution in the DistCol where transient persons can be taken for immediate care. There are many cases olidrunkenness, for instance, where transient persons are taken in.
Mr. ANTHONY. And the funds to support it are derived, I understand, mainly from private contributions.
Mr. GRIMES. I suggest to the Senfrom RhdIsland that the Insane Hospital is designed to accommodate the officers and soldiers and sailors of the Army and Nav of 4he U.S., and they are brought there from all over this continent.
Mr. GRIMES. So that there is an analogy between that case and this.
Mr. ANTHONY. But the Deaf and Dumb Institution presents an analogous case, certainly.
Mr. JOHNSON. The amendment proposed by my friendfrom Ohio, perhaps, will not accomplish, in one respect, the object which he has; I refer to that art of the amendment which provides that t in building is to be considered as dedicated hereafter to the particular charity. I sug est to him that it would be as well to make this acceptance of the appropriation an agreement upon the part of the corporation that that shall be a.dedication of it. I ask for the reading of the amendment.
The Secretary read it, as follows: Provided, That no portion ofsaid sumshall be expendeduntil the plan of said building is submitted to the arehitect of the Capitol extensionand he shall certifythat it is well adaptedtothe purposecontemplatedand that its costwill exceed800.0%, and said sum of 830.000shall only be paid in installmentsas an equalamountderived from other sources shall be expendedon said building: and the said building is herebydedicatedto the relief of sick and indiizent persons, without distinction as to creed or color and shall remain under the care of the Sisters 0 Charity asincorporated under the act entitled “An act to incorporate Providencehospital in the city of Washington, DistCol, “ approvedApril
Mr. JOHNSON. I move to strike out the words, “and the said building is hereby” and to insert “and 'if the said hospital company accept this appropriation it shall be hed as an agreement. on their part that the building is forelver to be considered and held;” so as to rea: And said sum of 530.000shall be paid in install mentsas an equalamountderiyedfromother sources shall be expendedon said buiding and if the said has ital companyaccept this appropriation it shall be icld asan agreementon their art that the building is foreverto be consideredan held dedicated to the relief of sick and indigent persons.Withoutdistinction asto creed or color, tire.
Mr. SHERMAN. I have no objection to that.
The PRESIDING OFFICER, (Mr. Hsnms in the chair.) The amendment is accepted by the mover.
Mr. VANWINKLE. I ask the Senfrom Ohio whether it ought not to be expressed that the relief given by this hospital is to tran sient persons. I anderstand this hospital is not for the benefit of persons living in the city of Washington, but for persons coming from various quarters.
Mr. SHERMAN. I would not limit them. They may wish to extend the charity.
Mr. WILLIAMS. It is intended for both classes.
Mr. VANWINKLE. My object is reeisely the reverse of what the Senfrom hiosupposes. I thought it was calling on them for more than the had undertaken or were willing to underta 'c.
Mr. SHERMAN. I showed the amendment to the ladies and they were perfectly satisfied with the condition 0 it. This does not change the meaning; it simply makes it a condition.
The PRESIDIN OFFICER. The ques titan} is on the amendment of the Senfrom 10.
Mr. ANTHONY. Do I understand that the amendment is adopted and the appropriation rejected? Is that the result of the vote?
Mr. FESSENDEN. The question was on concurring with the report of the committee, which was to strike out the clause. The 1st question, therefore, should be taken on that. If the Senate refuse to concur, then the amendment is in order.
Mr. ANTHONY. The question was not understood.
Mr. SHERMAN. I had a right to perfect the clause before it was stricken out. I offered in that view to amend the part proposed to be stricken out. That has been adopted; and now the question recurs on striking out the whole clause as amended.
The PRESIDING OFFI ER. The question is whether the whole clause, as amended, shall be stricken out. The motion to strike out was rejected.
Mr. DAVIS. I offer this amendment to golrlue in at the end of the 2nd section of the i: To pay bounticsto the loyal ownersofslaves mustered into the iuilita serviceof the U.S. accordingto the actplfyCong'resaspprovedFebruary 24, 1864$, 5,000,000.
Mr. SUMNER. I inquire whether that comes from any committee. '
Mr. SUMNER. I presume then it is not in order.
Mr. DAVIS. I will discuss that. question.
Mr. SUMNER. I call for the reading of the rule.
Mr. DAVIS. Well, sir, I will read the law.
Mr. SUMNER. The rule 1st, if the senator pleases.
Mr. DAVIS. The law 1st, the rule afterward. I suppose the Senfrom Massachusetts will not deny that the rule allows any appropriation to be moved as an amendment that is in pursuance of law.
Mr. SUMNER. I ask for the reading of the rule.
The PRESIDING OFFICER. The rule will be read.
The Secretary read the thirtieth rule, as follows: “30. No amendmentproposingadditional approprintions shall bereceivedto any general appropriation bill unless it be madeto carry outthe provisions of seine existing law or some act or resolution previously passed by the Senate dunng that sessionor move by direction of a standing or selecteommittee of the Senate or in pursuanceof an estimate from the head of some of the Degartmcpt a: andno amend monts shall be a private claimr, euenelievsesdit wboesteoocbajerrcytis to provide for ions of an existing law or treaty stipuoluatti othne.’provis
Mr. DAVIS. Now, I will read the law. The 24th section of the act of February 24", 1864, provides: SEC.24.Anti Abife:, That all able bodied male colored persons between the ages of 20 and 45 years, resident in the U.S., shall he enrolled according to the provrsioris of this act and of the act to which this is an amendment, and form part of the national forces' and when a slave of a loyal master shall be drafted and mustered into the service of the U.S. his master shall have a certificate thereof and thereupon such slave shall be free: and the bounties of 100 now payable by law for each drafted man shall be paid to the person to whom such drafted person was owing service or labor at the time of his master into the service of the U.S., The SecyWar shall appoint a commission in eachof the slave States represented in Congress. charged to award to each loyal person to whom a colored volunteer may oweserviceaJust compensation. not exceeding, for each such colored volunteer. payable outof the fund derived from commutations: and every such colored volunteer on being musteredmm the service shall be free.” It is provided by this law that these bonnties shall be paid out of a particular fund; but by the operation of the ewe relating the Treasury that fund has fallen into the Treasury and is now a general fund belonging to the U.S. A special appropriation, then, 2% is necessary to direct the officers of the TreasUry to pay this money. I therefore offer the amendment and will suspend my remarks to enable the Chair to decide whether it is in order or not.
Mr. WILSON. I move to amend the amendment proposed by the Senfrom Kentucky by substituttng for it the following: That somuchof anymoneysin the treasuryknown asthe commutation fund asmaybenecessary.be and thosame is hereby, appropriatedfor the payment to loyal personsclaiming service or labor fromcolored volunteersor drafted menthe amountsheretoforeor hereafterto be awarded them under the provisions ofscclion 24 of the act entitled "An act.to amendan not.entitled 'Anact forenrolling and call imr out.the national forccs, and for otherpurposes, ’" approved l ‘ebruary24.18tfi4o.r eachpersonsoclaimed to)0held to servreo or labor whohms enlisted or been%rnli ed into the military service of the U.S. at such paymentshall in no case be made to any permn onceptapon satisfactory proof that the claimant has firmly and faithfully maintained his or her adherenceand allegianceto the Governmentof the U.S.bydctrrnling its causoulzains the gor crnmentandforces of the socalled confederateStates of Amoricain all suitablo and practicablewaysand decordinnto his or her ability or opportunity.
Mr. DAVIS. But for the tail of that amendment. I should have no objection to it. If the honorable Senator will just strike out 2 or 3 lines I shall have no objection; but it. seems to me it is, as it stands, imposin conditions that, did not exist by the law an were not. imposed by the law as it passed. That law simpl provided that every loyal owner of slaves enlisted into the Army should receive the bonnty.‘ I think the honorable Senator might adopt. the language of the original law. If he does so I have no objection to accepting his amendments as a substitute for my own proposition.
Mr. WILLIAMS. Do I understand the gentleman to insist that that law makes a contract between Congress and the slaveholders? If I understand the terms of the law these negroes were drafted.
Mr. WILLIAMS. They were taken by the power of the U.S.
Mr. FESSENDEN. I should like to ask the Senfrom Maryland whether there has been any report made by any commission.
Mr. CltESWELL. Yes, sir, there is a report made by the commissioners; the substance of it is given by the SecyWar. [am now reading from the statement given to me by the commissioner in chicf for the State of Maryland.
Mr. FESSENDEN. Has he made any report to the SecyWar?
Mr. CRESWELL. He has made a report on the subject to the SecyWar, and a synopsis of it was furnished to the Senate last februagy. '
Mr. FESSENDEN. What does he say is the amount?
Mr. CRESWELL. I will read: The commissionfor thestate of Maryland was conTuned October25. I and dissolvedOctober18, 1805. thi‘re werufiledwith this commission 3.867 claims for compensation under the act of Congressreferredto. Awards were made by the commissionupon 786 claims, the amountawarded ting., l 25 of thoseclaims have beenpaid, amounting in the aggregateto. 6.9m Lsavinn an unpaid balance 6223.850 i I was going on to show the estimate which i is made by Mr. Timmons, who is the chief. commissioner of that board.
Mr. Timmons 1‘ says that for the whole State of Maryland and the eastern shore of Virginia, which, owing to 4 their geographical relations, were placed in the same division, there were filed up to October 18, 1865, 3, 303 claims. “ Of that number the board passed upon 1,065, leaving the number not finally acted upon 2, 798. From investigations made by the board there would be rejected for disloyalty and other causes at least 1,000, leaving thennniber of loyal claims to be decided 1, 798. Upon the 1,005 claims passed, the board awarded the sum of $222, 450, or a fraction over $200 perslave.” The Senfrom Maine will observe that there is a slight discrepancy between the statement made by Mr. Timmons and that from the War dept
Mr. FESSENDEN. I ask the Senator what there is to prevent the claims of those parties that have been adjudicated upon from being paid. There is abundance of funds to pay them after the adjudication.
Mr. MORRILL. I move that the Senate take a recess until 7 o‘clock this evening.
Mr. SHERMAN. I should like to have a short executive session for a few minutes. I move that the Senate proceed to the consideration of executive business.
Mr. SUMNER. A recess has been ordered, I believe.
Mr. SHERMAN. I move that the Senate proceed to the consideration of executive business for a few moments. The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate took a recess until 7 o’clock p. m. EVENING SESSION. The Senate reassembled at 7 o’cloek p. m. unono MARRIAGE IN THE DISTRICT.
Mr. MORRILL. I move that the Senate proceed to the consideration of House bill o. 615. The motion was agreed to; and the bill SH.R.No. 615) legalizing marriages and for other purposes in the DistCol, was considered as in ComWhole. It provides that all colored persons in the DistCol, who, previous to their actual emancipation, had undertaken and a reed to occupy the relation to each other 0 bus band and wife, and are cohabitating together as such or in any way recognizing the relation as still existing at the time of the passage of the act, whether the rites of marriage have been celebrated between them or not, shall be deemed husband and wife, and be entitled to all the rights and privileges, and subject to the duties and obligations of that relation in like manner as if they had been duly married accordin to law, and all their children shall be deemed legitimate, 'whether born before or after the pass e of the act. When the parties have cease to cohabit before the passage of the act in consequence of the death of the woman, or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate. The bill was reported to the Senate. ordered to a 3rd reading, read the 3rd time, and passed. nouss 0r CORRECTION.
Mr. MORRILL. I move to take up House bill NO. 879. The motion was agreed to; and the bill (H.R.No. 379) to establish in the DistCol a Reform School for boys, was considered as in ComWhole. The ComDistCol rnposed several amendments to the bill. The 1st was in section one, lines four, 5, and 6, to strike out the words “ an institution for the instruction, employment, and reformation of juvenile offcners to be called the Reform ‘chool for Boys, " and in lieu thereof to insert “afitand convenient house of correction, suit ably and ediciently ventilated, with convenient yards, workshops, and other suitable accommodations adjoining or appurtenant thereto, for the safe keeping, correction, governing and employinlr of offenders legally committed thereto y aniliority of the courts and magistrates of the DistCol, ” so as to make the section read: That there shall be establishedin the DistCol, on the tractofland known asthe Government farm. a fit and convenient house of correction suitably and efficient! ventilated, With convenient yards. workshops. ("it other suitable accommodations adjoining o} appurtena ntthereto.for thp safekeoping. correction, uoverninl, and employing o! ofenders legally committed theretoby, authority of the courtsand magistrates of the distCol: Provided, That the building already erected on that land for the purpose of establishing a similar institution, collected for tot ileethsoarmweitphuarpllotshoe.o sthhearllporotpraenrtsyftchrerered to the trustees appomted according to the provnsions of this act. at a costnot exceeding 1.500
The Clerk read The next amendment was in section 4 to strike out the word “to, ” in lines 3, 6, and 8, respectively, and in lieu thereof to insert ‘they may;” so as to make the section read: SEC.4. Abife: That. it shall be the duty of thesin boardof trusteesto take charge of the general interests of the institution: theymay appoint u.superintendent.a steward.a teacher or teachers, and such other officers as maybe found necessary.andmaybeit provedb the secyInterior; theymay it the anarms of said officers, subjectto the approvalof the SecyInterior: they may preparesuch by luws as maybe necessary to regulateand direct themanagementof the institution, which, however, shall not be valid until approijedby the SecyInterior; iind fxereiso a VlBllltlltjlllpelWlSIOUover the institution. ts o the crs and its inmates.
Skip Skip The amendment was agreed to. The next amendment was to strike out “ reform School” wherever these words occur in the bill, and insert “ House of Correction.”
Skip Skip The amendment was agreed to. The next amendment was in section 8, lines 6 and 7, to strike out “a term of time not less than one year and not to exceed the period of his minority, ” and to insert “his sentence, " so as to read: That when any boy under the age of 14 uomsrbsi aisfoofuntidnygucirlitmy einpaucnoisuhrat ibnle the District of Cont motihttee rdthtoanthIemsparidis House for life. he shall becom in custody of thesuperine tfeUnodrie nccttion and thereheld sentence.ke. for the termof his The amciidment was agreed to. The iiext amendment was to strike out the following proviso at the close of the 8th section of the bill:, Provided, however That nothing in this nct shall be soconstruedastoprevent the discharge fromthe Reform School. by the trustees. of any bo. as reformed.wheneverin their judgment he on; t so discharged. to be
The clerk read The nest amendment was to strike out the 9th section of the bill, in these words: Site. 9. Abife: That anyboyunder the age of 15 years, residing in the DistCol who muy hebrought by his parents or beforethe judge of the orphnii’scourt or either of tbeyudgesof DistCol suprcmecourt of the disand thereshown to be habitually odrisgourdaerdrliya.nasn.d defiant of the control of his parents or for any suliicient reasonsgreatlyin need of a j('iolSricnlllllIlOs.tErollinllfcbryasnadidm judge cwbheocloemsommietrteesdt to the Reform School. thereto remainfor such aterm of time raisodthoeftrhuisstmeeinsmoraityyd. eembest, not to exceed the pe
Skip Skip The amendment was agreed to. The next amendment was to strike out the 14th section, in these words: SRC. 14.Abife: That everyboy committed to the Reform School shall betherere ttahiendeidre. cgtoiovneronfed. instructed, and employed.under the termfor the trustees, until the expiration of unless which he was committedto the school. Sooner discharged by the trusteesas reformed; and the discharge 0 nrriyinir at a boy as reformed or on his complete the a eof 21 years shall beu release roiu all penaltiesand disabilities created by the sentencc.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill read a 3rd time. The bill was read the 3rd time and passed. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep, by Mr. Meffisnsox, its Clerk, announced that The SPEAKER of the House had signed the following enrolled hills; and they were there upon si nod by the President protempore. A bill (S. be. 325) to give certain powers to the lcv court of the country of Washington, in the DistCol;. A bill (No. 178) to incorporate the Metro politan Minin and Manufacturing company; A bill (S.No. 277) for the relief of illiam Cook; A bill (S.No.246) relating to public schools in the DistCol; 8!“ A bill (S.No.137) to amend the acts approved August 6, 1861, and July 16, 1862, establishing a Metro olitan police in the DistCol and to increase the elliciency thereof, and for other purposes. HOUSE HILLS REFERRED. The bill (H.R.No. 772) to authorize the issue of certain bonds in denominations greater than $1,000 was read twice by its title and referred to the ComFinance. The bill (H.R.No. 776) in relation to the unlawful tapping of Government water pipes was read twice by its title and referred to the ComPubBldg and Grounds. The JtResolution (H.R.No. 83) declaring Tennessee again entitled to Sens&Reps in Congress was read twice by its title and referred to the ComJudiciary. The JtResolution (H.R.No. 191) relating to the building lately occupied for a national fair in aid of the or bone of the soldiers and sailors of the U.S. its title' and referred to the ComDistCol. CALIFORNIA AND OREGON RAILROAD.
The PRESIDENT protempore laid before the Senate the amendment of the HoRep to the bill (S.No.123) granting lands t9 aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in california, to Portland, in Oregon.
Mr. WILLIAMS. I hope the amendment will be concurred in at once.
Mr. STEWART. I will say to the other members of the ComPubLands that I have examined the amendment made by the HoRep, and although it comes in the shape of a substitute, it is substantially the same bill which we passed with some additional limitations,0. more carefully guarded bill than the one we passed.
Mr. POMEROY. On the statement made I have no objection to the bill passing. I have not read it.
Mr. STEWART. I have; it is all right. States was read twice by' ll
Mr. WILLIAMS. The amendment issuh stantially the same bill as was passed by the Senate, with little or no difference except verbal changes.
The PRESIDENT protempore. Noobjection being made the Chair will regard the amendment of the HoRep to Senate bill No. 123 as before it ie Senate. The Secretary proceeded to read the amendment of the HoRep, which was to strike out all after the enactin clause of the bill and insert a substitute; mid having read the 1st 2 sections of the substitute
Mr. WILLIAMS. I more to dispense with the further reading of that amendment. The substantial parts have been read, and I knew that the remainder of the bill is the some as was passed by the Senate. I have examined the amendment.
The PRESIDENTpro tempore. Thereading can be dispensed with 1b unanimous consent.
Mr. HENDRICKS. lythink that is quite as well, for it is very clear that no person can understand the force of the House amendment by this mode of legislating. It is all right, I have no doubt; but of course no Senator knows an thing about it.Mr. STEWART. The House have taken our bill, put ins. number of little amendments, and then offered the bill, as amended, as a substitute for our bill.
The PRESIDENT protempore. Is there any objection to suspending the reading of the House amendment?
Mr. HENDRICKS. I do not object, for the reading is entirely useless.
Mr. WILLIAMS. I know that from this point forward it is exactly the same bill which was passed by the Senate. I have examined it. We have already passed it once.
Mr. DOOLITTLE. How many sections permile are iven to the road?
Mr. POMEROY. Ten alternate sections on each side, makin 20 sections permile.
Mr. WILLIAMS. No money. There is really no land to be granted, and that grant is a mere formal matter, the land being pretty much all taken up. The amendment was concurred in. souniuizs’ AND sAiLons’ exros.
Mr. MORRILL. I move that the Senate proceed to the consideration of House bill No. 587. The motion was agreed to; and the bill (H.R.No. 587) to incorporate the Soldiers’ and Sailors’ Union of Washington, District of Co‘ lumbin, was consideredas in ComWhole. It proposes to incorporate H. A. Hall, W. C. Porter, Will A. hort, James Cross, J. H. Nightin ale, D. S. Curtiss, L. Edwin Dudley, G. M. Wan Buren, William S. Morse, Lawrence Wilson, William L. Bram hull, F. E. Drake, B. P. Cutter, W. H. H. Bates. H. N. Rothe, S. G. Merrill, Charles A. ape, A. Lu renbaiwh, J. S. Firman, John Simpson, George. De Costa, L. J. by out, J. H. Gray, Lyman S. Emery, and A. I. ennett, as a body politic and corporate, by the name of the “Soldiers’ andSailors' Union gf the city of Washington, District of Colum in.” The corporation may acquire, receive, hold, and convey real and personal estate; which estate shall never be divided among the members, but shall descend to their successors for the promotion of the interests and general welfare of the soldiers and sailors of this corporation who have served in the Union Army or Navy during the late war for the suppression of the rebellion, and the relief and protection of their widows and orphans.
Mr. DAVIS. I rise to inquire whether this bill has been before one of the committees.
Mr. MORRILL. Yes, sir. It is reported irom the ComDistrict of olum in.
Mr. DAVIS. It seems to me this bill su thorizes this association to acquire an indefi nits quantity of real estate and to hold it to in. The amendment was ordered to be en them and their successors. It. seems to me rather an extraordinary provision. I should like to have the bill referred to the ComJudiciary. if it is all right, I do not want to oppose any obstruction to its passage; but I think it ought to be emminetfby that committee, and I make the motion that the bill be referred to the ComJudiciary.
Mr..MORRILL. I should hardly think that the Senate would consider the reasons assigned by the honorable Senfrom Kentucky sufficient to authorize the reference of such a bill to the ComJudiciary. I understand the Senator to say that it authorizes the holdin of an unlimited amount of estate. That is no egal or constitutional objection which should lead to its reference to the ComJudiciary. If the honorable Senator thinks there is any danger, it is very easy to move an amendment to guard against that.
Mr. DAVIS. I ask the honorable Senator if my exception to the purport of the bill is true.
Mr.)IORRILL. I think they have a right to acquire and hold as much real and personal estate as is necessary for the object of the asso ciation.
Mr. DAVIS. What is the object of the corporation?
Mr. MORRILL. The bill is to incorporate the Soldiers’ and Sailors’ Union of the DistCol. The bill comes from the HoRep, and if it is sent back, [do not know that it will get through, but I have no objection to limiting the amount of property to be held to $200,000, and I therefore move to amend the bill by inserting after the word “estate, ” in line 3 of section two, the words “not exceeding $200,000.”
The PRESIDENT protempera. Is the motion to refer the bill to the ComJudiciary withdrawn ‘1
The PRESIDENT protempure. The question is on the amendment of the Senfrom Maine.
Mr. VANWINKLE. I move to add to the amendment just adopted the Words “ in value” a“fter the word “dollars.” I do not know what property not exceeding $200,000” would mean. I move, therefore, to add the words “in value.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be encrossed and the bill read a 3rd time. The bilI was read the 3rd time and passed. SOLDIERS, AND SAILORS’ ORPHAN HOME. On motion by Mr. MORRILL the bill (H.R.No. 779) to incorporate “The National Soldiers’ and Sailors’ Orphan Home, ” was considered as in ComWhole. The corporators are Mrs. Julia B. Grant, Mrs. Ellen E. Sherman, Mrs. H. I). Cooke, Mrs. Margaret Fahnestock, Mrs. Kathleen Carlislc, Miss Charlotte Taylor, Mrs. Jane Speed, Mrs. Mary J. Wells, Mrs. A. C. Har lan, Mrs. Jane L. Smith, Mrs. Mary K. Lewis, Mrs. Jane Farnham, Mrs. Eliza M. Morris, Mrs. Cecilia S. Sherman, Mrs. Ellen Boyer, Mrs. Elizabeth A. Howard, Mrs. Kate C. S iraguc, Mrs. Eliza B. Nye. Mrs. Annie Rouse, rs. Kate L. Plants, Mrs. Elizabeth G. Todd, Mrs. Abby E. Hale, Mrs. J. M. Trumbull. Miss Sarah Wood. Mrs. Jane Annie Pirtle, Miss Eliza beth Howard, and their successors. The ComDistCol proposed to amend the bill by striking out of section 6 the following wor s: All Senatorsand membersof the HoRepshall been:officio membersofany iidyisory committeeto be provided for by the constitution or hy lnwsof said corporation; and that.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred grossed and the bill to be read a 3rd time. The bill was read the 3rd time and passed. NEW DISTRICT JAIL.
Mr. WADE. I move to take up for consideration Senate bill No. 384, to incorporate the Washington Land and Building Company of the DistCol. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The bill was reported from the ComDistCol with amendments. The 1st amendment was in section two, line 3, after the word “dollars, ” to insert “nor be less than $100,000, ” so that the clause will read: That the capital stock of this corporationshall not exceed$500,000n, or be lessthan $100,000a.nd that a sharein the same shall be 50 dollars, and booksof subscriptionto the capital stock.
Skip Skip The amendment was agreed to. The next amendment was in section two, line 5, after the word “stock, ” to strike out “or to such portions thereof as from time to time may by the directors, for the time being, be deemed proper and necessary.”
Skip Skip The amendment was agreed to. The next amendment was in section two, line 8, to strike out “directors, ” and insert “corporators, ” and in line 12, after “val nation, ” tioi insert “to be determined by said I am instructed by the 5dmmmm'
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 5, after “act, ” to strike out “and that it shall be lawful for Congress, at any time hereafter, to alter, amend, or repeal this act.”
Mr. DOOLITTLE. Why are those words stricken out?
Mr. HENDRICKS. I think that a corpo ration ought not to be created for the purpose mentioned in this bill. I do not think we need corporations in this country to become the owners of real estate with a view to leasing it out and sellin it. That is the entire purpose of this bill. know many of the proposed corporators, and they are excellent entle men some of them my personal friends, at I shall not vote for such a bill as this. I ask, before I proceed, that the secrctar read that section which defines the powers of the corporation; I think it is the 7th section.
The Secretary read as follows: SEC.7. Abife: That the president anddirectors shall have full power and authority. on behalf of the company. to purchase or lease land within the city of Vashington, and sub leaseor so“ ‘and conveythe same.to erect dwelling Houses and all other buildings on the lnnd soleasedor purchased and rent, leaso or sell the same, with the land up gurtenanccs thercunto belonging, and generally to o and performall acts. matters and things to encourage mechanicsand citizens of Washington in procuring houses and homes upon the most advantageous and economicalterms.
Mr. HENDRICKS. That stump speech part I understand very well. The power that is conferred is the power of a corporation to become the owner of the real estate of Washington, for the simple purpose of in real estate or building houses uSppoenculating it, o leasing and selling. I say that this is a power which a corporation ought not to be able to exercise. Vhen we create ordinary corporations we say that they shall own real estate to the extent required for the business of the corporation. We consider it so great an evil to allow property to be held in dead hands that we prohibit it to other corporations except to the extent required. But here is a corporation out and out to speculate in land. I know it is said to encourage mechanics. God save the mechanics when they have to depend upon corporations for their prosperity! Their interest is to have the real estate of the country free, everybody to buy and everybody to improve according to his means. These are clever gentlemen; but when they commence building houses to give away to mechanics, I shall be our rised.
Mr. JOlIl SON. Permit me to ask if the ca ital of the company is limited.Mr. WADE. The capital is limited; it is not to be above $500,000 nor under $100,000.
Mr. HARRIS. Will the Senfrom Ohio allow me to inquire whether there is personal liability of the stockholders?
Mr. WADE. I do not think there is anything said about their liability.
Mr. WADE. lt seems that some of these corporators are wealthy men, bankers, and the like. Now, I should be very glad to divert some capital from banking purposes to building improvements. This corporation is lim ited to a capital not exceeding half a million dollars and not less than 100,000 dollars. Overgrown wealthy men of course can go into this business on their own hook to any extent. This is not like a manufacturing company, where the corporation is confined to the real estate necessary to do that particular business upon . It is a corporation for the purpose of bui ding houses in this town, to acquire and for that purpose, and to own it. Very unnecessarily, to be sure, the bill goes on to say that they may lease and let or sell their own land and buildings. Of course they could do that, whether the bill said anything about it or not. I cannot see any kind of objection to the bill. It is to promote a very lau able business, and the individual corporators are made liable to the extent of the amount of their stockthe usual liability. Then it is provided that the act of incorporation is subject to be modified, repealed, or amended by Congress at any time. ‘here is nothing in the bill that is objectionable, in myjudgment. However, Ileave it to the Senate. I do not wish to take up time with it. '
Mr. POMEROY. I do not think there is anything in this bill that we need be alarmed about. It is intended to correct an evil that has existed in Washington perhaps always, certainly a long time before I came here. There seems to be nobody in this town engaged particularl in the business of building houses to rent. The object of these corporators, as I understand, is to build houses that are comfort able for persons of moderate means, and the propose then to sell them, and the rents which the occupants pay monthly are to go toward the pure use. The amount of money paid from mouth to month as rent is to go to the purchase of the building, so that the clerks and mechanics in this town may ultimately get title to the buildin, when, without an association of this kind, t iey might pay rent eternally and never getatitle. the object is to take the amount of rent paid, and apply it to the purchase money. This is the roject these persons have in view. I think it is a very good one. I only fear that it will not succeed, but if it succeeds it will be a great benefit to those of moderate means. I have been paying rent here for 3 or 4 years past of a most extraordinary and exorbitant character. I do not see how persons who are living on a salary of 2 or 3,000 dollars a year are able to rent comfortable houses in this city.
Mr. HENDRICKS. I want to ask the Senfrom Kansas where he gets his information. It is not in the bill, and I understand there is no report accompanying the bill showing that these are the benevolent purposes of this corporation. If it becomes a purely be nevolent institution, it will be the 1st corporation I ever heard of which was of that character.
Mr. POMEROY. I did not put it on the ground of a purely benevolent institution. I said they proposed to take the rents collected from mouth to month and apply them toward the discharge of the purchase money of the house rented, and whenever the clerk or me chanic, or whoever occupies the house, has paid enough rent to purchase it he owns it. There is no such system as that now in existence here, and I think it is a great improve‘ ment.
Mr. HENDRICKS. Put in the bill that the shall do that.
Mr. I’OMEROY. It is not in the bill, but I learn this from those who have called on me to explain the object, and the are gentlemen of integrity and character, as the Senator himself knows.
Mr. POMEROY. They do not propose to swindle anybody. I suppose, of course, they intend to make something, but only a reason able profit, such as men are entitled to who engage in any kind of business. If by this system they will be able to furnish homesto men who can only pay installments month by month it will be a great thing. I have lived in communities where men pay rent month after month for a life time and never own anythin, wherens if that rent paid from mouth to mont could have been applied to the purchase of the building they would have finally found themselves owners of real estate, and had that comfort in their declining years. That is the object of this corporation.
Skip Skip The bill wasreported to the Senate as amended and the amendments were concurred in. The bill was orderengross for a 3rd reading and was read the 3rd time.
Mr. HENDRICKS. As this is the commencement of a system, the 1st hill of the kind proosing to create a corporation to spec ulate in ands, I ask for the yeas&nays on the passage of the bill. The em&nays were ordered.
Mr. OHNSON. I shall vote for this bill, 1st, because the object is a laudable one, and will be very beneficial if carried out according to the spirit of the bill. I do not think there is any danger to be apprehended, 1st, because the charter may at any tune be altered, amended, or repealed.
Mr. HENDRlCKS. I heard an amendment read strikingput that provision.
Mr. JOHNSON. One provision of that sort was stricken out because it was in the bill twice. In the 2nd place, by the 2nd section the stockholders are made responsible for the debts contracted by the coman to the extent of the value of 510 stock Xheld by it at the time. The question being taken by yeas&nays, resulted yeas 28, nays 8; 17. So the bill was passed. METROPOLITAN CLUB.
Mr. WADE. I move to take up for consideration Senate bill No. 393. The motion was agreed to; and the bill (S. No.393) to incorporate the Metropolitan Club of the DistCol was considered as in ComWhole. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. GENERAL HOSPITAL OF DISTCOL.
Mr. WADE. I move to proceed to the considerntion of the bill (S.No.214) to incorporate the General Hospital of the DistCol. The motion was reed to; and the Senate, as in Committee oaig the whole, proceeded to consider the bill. It proposes to make, declare, and constitute Joseph Henry, James C. Hall, Amos Kendall, Thomas Miller, Richard Wallach, George W. Riggs, Grafton Tyler, Henry D. Cooke, D. W. Middleton, Charles Knap, Benjamin B. French, James C. McGuire, Charles H. Nichols, William B. Todd, William Gunton, Edward Simms, and Thomas Young, and their successors in office, a corporation and body politic, in law and in fact, under the name and style of the directors of the General Hospital of the DistCol. The an nual income of property held by the corporation is not to exceed in value the sum of $25,000. The corporation is to have power to open and keep a hospital in the city of Washington for the care ogsuch sick, wounded, and invalid persons as may place themselves under its care. The bill was reported to the Senate without amendment, ordered to bOcngrossed for a 3rd reading, was read the 3rd time, and passed. PROBATE AND RECORDING OF WILLS.
Mr. WADE. I move that the Senate proceed to the consideration of Senate bill No. 289. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.289) to provide for the probate of, and for the recording of WlllS of real estate situated in the DistCol and for other purposes. The bill was reported from the ComDistCol ivith amendments. The 1st amendment of the committee was in section two, line Six, after the word “receive” to insert “ in addition to, ” after “ compensation" toinsert “now;" and inline 7 alter “law” to insert “a fee of one dollar for drawing up and recording the order of court admitting to probate and record each will, testament, or codicil, ” so that the section Wlll read: SEC. 2. Abife: That all wills, testiiments and codicils. admittin to probate in the DistCol shall be fort with recordedby the register of wills in said District in a suitable bound book, regularly indexed to be kept for that purpose in his office and for which the said register shall receive in addition to the compensation now provided by law, a feeof one dollar for drawin up and recording the order of court admitting to probate and record eachwill. testament or codicil.
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of section 3, “ and for each authentication under seal of the court he shall receive a fee of 50 cents.”
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 5, after the word “provide, ” to strike out “and suitably furnish.’
Skip Skip The amendment was agreed to. The next amendment was in the same section, line 9, after the word “count, ” to insert “and also to fit up and furnis said rooms, under the direction of the register of wills, with everything that may at any time be required for the safe, convenient, and comfortable transaction of the business appertain in thereto.”
Mr. JOHNSON. I had supposed that the orphau's court now could take the probate of a will of real as well as personal estate. The act of Maryland has been so construed as to give to our orphans’ courts the authority to take probate, whether the will related to real or personal estate. But I have not so much objection to that, because there may be some doubt about it, and I suppose there is or the bill would not have been proposed; but I suggest to my friendfrom Ohio that perhaps he will find it necessary to amend the 4th section of this bill. A copy of the will or codicil admitted to probate is to be received in evidence; but in a variety of cases in relation to wills the authenticity of the paper itselfis disputed. whether the alleged testator actually signed it, and the most material evidence in relation to a nestion of that sort is the paper itself. Now, e 4th section says that“ every will. testament, or codicil which shall have been admitted to probate shall he held, retained, and preserved in the office of the register of wills of said District, and shall not be delivered out of said olIice to any person or persons whatsoever.” I am rather apprehensive that that would place it out of the power of the court to compel the production of the original paper.
Mr. WADE. I mom to amend the section by adding “exceptby order of the court.”
Mr. JOHNSON. “Before whom the question of the authenticity of the will may be deending.”
Mr. WADE. Very well. They may want it to authenticate the Original will.
The PRESIDENT protempore. Will the Senfrom Ohio repeat his amendment?
Mr. WADE. I move to add to the 4th section the words “except by order of the court.” I think that will be sufficient.
Mr. JOHNSON. Very well. the amendment was agreed to. The bill was reported to the Senate as amended and the amendments were concurred in. The bill was orderengross for n3rd reading, and was read the 3rd time and passed. COUNTY HOB SERAILROAD.
Mr. WADE. I move to proceed to the consideration of Senate bill No. 390. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.380) to incor crate the Washington Count Horse Railroad company, in the DistCol. Samuel Prown, Francis Mattin l, Noble D. Larner, Marshall Brown, Josephg Pearson, and their associates and assigns, are by the title of the bill created a body corporate under the name of the “Washington County Horse Railroad Company, ” with authority to construct and lay down a double or single track railway, with the necessary switches and turnouts, in the county of Washington, commencin at Bound ary street, at its intersection with 14th street, and along the 14th street road in a northerly direction to a point where that road intersects a new road recently opened by the levy court, and along the new road in an castcrly direction, to the 7th street turnpike, and along the turnpike in a southerly direction to Boundary street, (but that the consent of the board of directors of the 7th Street Turnpike Company is to be 1st obtained for the use of their road,) with the right to run public carriages thereon, and receiving there for a rate 0 fare not exceeding ten cents a passenger for any distance on said road. The ComDistCol reported an amendment, which was to strike out section 18, as follows: SEC. 18. Abife: That the said companyshall have authority to extend the railway herein provided for, and to construct and o crate such otherpassengerailways in the countyof Vnshington. outside the corporate limits of the cities of Washington and Georgetown as the levy court may consent to and the rights and priviloges licrcin granted areextendedto such other passenger railways asmay be constructed under this section.
Skip Skip The amendment was agreed to. The bill was reported to the Sennteas amended and the amendment was concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. BALTIMORE AND OHIO RAILROAD.
Mr. JOHNSON. I rise for the purpose of askin my friendfrom WestVirginia the meaning of the latter part of the 2nd section in one particular. The section says that the several provisions in the act of Congress relating to the lateral road authorizad to be built by the Baltimore and Ohio railroad by an act approved March 2, 1831, giving the title of the act shall be declared to apply to the Baltimore and Ohio railroad so far as the are severally a“pplicable to the location on construction said company of the road now authorized." My question is, whether that is in tended to mean the road to be made by the Baltimore and Ohio Railroad Company under this act? I suppose it is, but I am not so sure about it.
Mr. WILLEY. I so understand it. The bill comes from the House.
Mr. JOHNSON. I have no objection, then, but I think it is not very clearly drawn in that respect. The bill was ordered to a 3rd reading, was read the 3rd time, and passed. CHURCH PROPERTY.
Mr. WILLEY. I move to take up for consideration House bill No.564. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 664) to annul the 34th section of the declaration of rights of the State of Maryland so far as it aplies to the DistCol.
Mr. SAVIS. What is that article of the declaration of rights which is to be annulled?
Mr. DAVIS. I hope the Senator will read it.
Mr. DAVIS. Irise to inquire when the contemplated bill restrictin the amount of such devises will be introduced I suppose it on 'lit to be contem oraneous with the repeal of this clause in the bill of rights of the constitution of Maryland in.its up lication here. I think that it is the policy 0 our country in all the States to restrict the amount of this class of devises that are interdieted by this clause of the bill of rights of the State of Maryland. I think there ought to be no interre num in the law or regulation which restricts the amount no unreasonable interregnuui at any rate. I should think it might be attended to at this session.
Mr. WILLEY. The honorable Gentfrom Kentucky can at an time and he is most competent to do so introduce a bill on the subject. I understood from the Senfrom Maryland that he would avail himself of his leisure and convenience to introduce a bill to that reflect. The passage of this bill at this time can have no evileffeet, because no danger can accrue before a bill of the character suggested by the Senfrom Kentucky can be introduced and passed. For myself see no necessity for such a bill in this country under our existing laws.
Mr. DAVIS. It is not my duty to introduce any such bill as that. It appertains to the honorable Senator himself as a member of the committee that reported the bill to abrogate this section of the bill of rights of the constitution of Maryland. I do not agree with the honorable Senator in the opinion he has expressed that there is no need of such an interdiction upon the amount of devises to religious asso ciations in this country. We know the extent to which such devises reached in past centuries in England, and there is a very considerable tendency in this country to the aggregation of large amounts of real estate in incorporated religious bodies and churches. It certainly is a feature in the policy of the U.S. in all the States to interdict, or at least to impose, restrictions upon the value and extent of such devises. I hold myself that there is no policy more obviously right, and I have no doubt that a perfect license to make such devises would, in the course of a generation or two, produce evils of the greatest magnitude and mischief within our country. Now, what does this bill propose? Here is an interdiction by the fundamental law of the State of Maryland upon such devises, wholly, I believe. I would not myself be in favor of th c entireiriterdictlon ofsuri devises, but would want them restricted to a reasonable amount in valueandquautity. Reertainlyisfitandproper, and not only that, but the duty of the commit tee, that it introduces a bill for the purpose of l I abrogating the total restriction, to continue it at least to a reasonable and politic extent.
Mr. BUCKALEW. I should think it, sir, very extraordinary if such a prohibition has continued in the constitution of the State of Maryland. I think it would be rather remark able that it had not undergone some modification since 1776.
Mr. WILLEY. I will explain to the senator that I do not know whether this provision is in the constitution of Maryland now, but it was in the constitution of Maryland in 1801, at the time the cession was made, and being by the terms of the act of Congress of that ear made a part of the laws of this District, it has never been repealed by Congress since that time.
Mr. JOHNSON. That would necessitate sendin it back to the House.
Mr. UCKALEW. if it be amended in the Senate it can readilybe acted on in the House. Amendments of one House to the bills of the other are always in order. I am quite unwillin to remove all restriction upon the power 0 making bequests of this description. I think that the wisdom of centuries and the judgment and action of legislative bodies in the Old World and the New ought to be considered as having settled this question, and settled it conclusively. Persons in the last hours of an expiring existence are subjected to influences of a very unusual character, and are subjected to them at a time when they are little able to exercise the full and mature powers of their minds. I am unwilling to vote for the bill as it stands. The bill was reported to the Senate.
The PRESIDEg'Tpro tempore. If no amendment be proposed, the question is on ordering the bill to 3rd reading.
Mr. DA IS. upon that question, or on the passage of the bill Fcall for the yeas&nays.
Mr. WILLEY. I move that the bill be laid on the table for the present. The motion was agreed to. EAST CAPITOL STREET.
Mr. WILLEY. I move to take up for consideration House bill No. 001. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 601) to grade East Capitol street and establish Lincoln square. It prooses to direct the Commissmuer of Public uildings, in such manner as he may deem most proper, to cause East Capitol street to be grade from 3rd street eastto 11th street east, and to cause the s uare at its in tersection with Massachusetts, NCarolina, Tennessee, and Kentucky avenues, between 11th and 13th streets cast, to be inclosed with a wooden fence, and it is to be known as Lincoln square. 15,000 dollars is appropriated to enable the improvement to be made. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. WASHINGTON TEMPEBANCE SOCIETY.
Mr. WILLEY. I move to take up Senate bill No. 424. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.424) toiucor orate the Washington Temperance Society of the'city of Washin in, DistCol.
Mr. WI LEY. I move to amend in section fi“ve, line one, by strikin out after the word act” the words “ shall inure for 30 years, unless sooner repealed by Congress, " and inserting “may be altered or repealed at the pleasure of Congress.”
Skip Skip The amendment was agreed to. the billwasreportedto the Senate asamended and the amendment was concurred in. The bill was orderengross for a 3rd readin, and was read the 3rd time.
Mr. McDOUGALL. I should like to hear the 1st section of the bill read.
The Secretary read as follows: ChTrhisattopJohhenr CnSm. Hmoalelink.gssrh.ead William G. Flood. Wheclcr, 7.B. Brooke, R. A.AFsishu.rGy eLolorgyedWJ.oMhnaheBr. Drew. William H. Nully, Thomas B. Marches, Oscar Alexander William Dixon, and others who snoocwieatyre.aonrd may hereutter become membersof said their successors.arehereb declared to be onecommunity and bod corporata by the name, style, and title of the Wasingon fromernnce Society of Washington city and DistCol; and by that name they shall be and are hereby made able and capablein law to ave.receive, an retain to them and their successors property, real and personal, also devises and bequestsof any por sou or persons, bodies corporateor politic, capable of making the same, and the same to disposeof or transfer at their pleasure in such manner as the may think proper: Provided GHC'GHITI hat the uni corporation shall not at any time hold or can property, real, personal or mixed, exceeding in value the sum of 925.000 other than that which may be invested in a hall to be erectedfor the purpose of the society.
Mr. MCDOUGALL. Mr. President, I am altogether satisfied with the propriety of the passage of this bill. There are 2 or 3 persons named there who if they can be incor pornted into a sound temperance society it will do them infinite good, [laughter, ] and that that may happen I W51support the proposition. It has been said, “The greater the sinner the greater the saint.” The bill was passed. CHURCH PROPERTY.
Mr. WILLEY. I move to take from the table the bill just laiii upon it House bill No. 664. The motion was agreed to; and the Senate resumed the consideration of the bill (H.R.No. 664) to annul the thirt fourth section of the declaration of rights o the State of Maryland so far as it applies to the DistCol.
Mr. JOHNSON. I very readily recognize the force of the observations made by m friendfrom Pennsylvania, [Mr. Bucmmw. It is very desirable that devises and gifts to objects of that description should be executed some reasonable time antecedent to the death of the donor or testator. I believe the same provision of which he spoke as existing in Pennsylvania will be found in the laws of other States. I move, therefore, “ an amendment to come in at the close of the bill this proviso: Provided. That in caseof gifts and devises.the same shall be made within one calendarmonth before the death of the donor or testator.
Mr. DAVIS. I do not think that limitation will correct the evil. In my State there is a limit upon the amount and value of bequests and devises to religious societies. especially of real estate. This proviso will effect very litQe toward the correction of the evil, if evil it be. In the neighboring country of Mexico it is said that half the lands of the country are held by the church. When Henry VHI ascended the throne of England there was a large proportion of the lands of the kingdom held in perpetuity by religious associations. I do not know how it is in the other States, but in my State there is a jealousy of that principle, and we have legal if not constitutionn provisions regulating and restricting the amount that any religious asso ciation or organization of any kind shall hold. I take it there ought to be a restriction of the same character in relation to this District if the section of the bill of rights of the constitution of Maryland upon that point is to be repealed. I move that the bill he upon the table.
Mr. JOHNSON. The immediate occasion as I understand for the introduction of the bill is that there is a gentleman here, a very excel lent man in all particulars, who desires to give a church some ten or 20,000 dollars, but he is unable to do it because the origi nal constitutional restriction which existed in Maryland forms a part of the law of the District, and that, as the Senate have seen, prohibits a church from receiving more than 2 acres of land exceptwith the consent of the Legislature. I 0 not know that in any case where the Legislature of Maryland has been applied to by any religious congregation she has refused to let it go beyond the limit. The constitution of Maryland which contains that provision was adopted in 1786. The constitution in this respect was modeled very much after the Government of England. Ithas been almost entirely done away with, so fares the original provisions are concerned, and I am by no means sure that this particular provision is now in force. I do not think, in the present condition of the country, that there is any danger from permitting parties to give to religious corporations what they may think proper. It is impossible with our institutions we can be in any danger from religious establilshments: 1st, because there is no State religion; 2nd ly, because there are so many different sects, each one of whom watches the others just as vigilantly as England would watch the dispositions of France. I do not see. therefore, that there is any great danger to result from leaving parties here to leave as much property to charities as they please.
Mr. DAVIS. The honorable Senator has not conceived the point of my objection. It is not from any apprehension of the establishment of a State religion, but it is to prevent too large an aggregation of property in religious societies. That is the reason, as I understand it, of the restriction in my own State. But sooner than be pertinacious about this matter, I am disposed to yield and let this fragment of a Senate do what it pleases in connection with this matter. However, I will make this remark: I believe that the rules of the Senate Ought imperatively to require the Presiding Odicer of the Senate to verify the presence of a quorum of the Senate whenever any bill of any character is passed. This thing of carelessly passing important bills when there are but a few members present, a number decidedlyless than a constitutional quorum to do business, in iny judgment ought to be reformed by a change in the rule of the Senate. That is the rule formally now, but it is not enforced. It is an ungracious business for a member of i the Senate to object to the passage of a bill because there is notaqnorum resent. I think it ought to be exoflicio the duty of the Presiding officer to see that the principle of the Constitution, which is certainlIy an important one, is executed in every case in respect to having a quorum of the Senate present when ever a bill is passed. With these remarks I will say nothing more in relation to this subject, but leave it to the Senate, or to the gentlemen who are present, who are nota Senate, to take what course they please in relation to this bill.
The PRESIDING OFFICER, (Mr. POMEROY in the chair.) Does the Senfrom Kentucky withdraw his motion to lay the bill upon the table?
The PRESIDING OFFICER. The question, then, is on the amendment moved by the Senfrom Maryland.
Skip Skip The amendment was agreed to. The amendment was orderengross and the bill to be read a 3rd time. The bill was read the 3rd time and passed. ALEXANDRIA AND WASHINGTON RAILROAD.
Mr. JOHNSON. What is the effect of the amendment?
Mr. HENDERSON. I will state what the effects of it is. The House bill authorizes the A lexandrin and Washington Railroad company to cross the canal on 6th street and build a depot, provided they can purchase the property north of the cana and immediately. south of Pennsylvania avenue. The ComDistCol in the Senate are unwilling to grant this privilege; and the effect of this amendment is to strike out all that portion of the bill which enables them to build a railroad track from their present depot upon Maryland avenue ovar to ennsylvauia f avenue. It prohibits the extension of the track through the public grounds and the building of a depot over there. That is the only difference.
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of section [two] one the following proviso: Provided. That unlesstherailroad company herein namedshall in good faith havecommenced t a of underground work excavationreferredtoin thissection and shall haveexpendedntle ast $100,00ino the prog ressthereof within 12 monthsafter the passage of this not.then the Baltimore and Ohio Railroad Company is herebyauthorizedto extend the Washington branch of their road along the route and in the manner bercin indicated, so as to connectwith theroadof the company 1st namedat or near6th streeton Maryland avenue.in Washingtoncity; but unlesssaid Baltimore and Ohio Railron Company shall immediately.on the failure of thoWushington, Alexandria, and GeorgetownCom any. asaforesaid commenceand prosecutesaidwor in good faith an shall expendnotlessthan$300,000itnheunder round excavationaforesaidwithin twu yearsfrom the sngo as of this act, the companiesherein named a all agcit all the rights and privileges conferredby this
Mr. HENDERSON. I will state the effect of this amendment. The House bill authorizes the Alexandria and Washington Railroad company to build a tunnel east of the Capitol, and the committee are desirous that it shall be built. I understand, since this billwas introduced into the House, and in fact since the discussion of the question on another bill here in the Senate on a former occasion, (for Senators will remember that we had this question up and discussed it once before,) this Washington and Alexandria company has got into some difficulties, and therefore the probability is that it will not undertake the construction of this work, which will cost more than $1,000,000. It is to tunnel the public grounds east of the Capitol, and it wil? cost at least $1,000,000. perhaps more; and the Senate committee are not of the opinion that this company will be able to construct it. It is very desirable, if this company is not able to undertake the work, that some company should do it and get the cars from off the public grounds in front of the Capitol.
Mr. JOHNSON. Does this bill authorize the Baltimore and Ohio Railroad Company to do it?
Mr. HENDERSON. Unless the Washington and Alexandria company shall undertake the work of making this tunnel, and in good faith expend $100,000 within 12 months upon it, thenthe Baltimore and Ohio Railroad Company are authorized to 0 on with the work, and this company will have nothing further to do with it. that is the meaning of the amendment.
Mr. NYE. I amo posed to the amendment. I do not know, emfl should like to inquire, whether the Baltimore and Ohio railroad have asked this committee for the right to construct a road over a portion of the road that belongs to another company.
Mr. N vE. Does it notbelong to this Alexandria company?
Mr. NYE. I am opposed to this amendment for this reason: the Senator who reports this bill says there is no probability that this Alexandria company can do this wor.
Mr. HENDERSON. That is stronger than I said. We are afraid they will not be able to do it.
Mr. NYE. He is afraid that they will not be able to do it. Now, sir, there have been icrsistent efforts to get another railroad to this isTTict, or another company running parallcl to this Baltimore and Ohio railroad, which seems to hold almost supreme control over this District, as it does over every other community upon which it has‘got its strong hand. If there is to bea bill 0 this sort its sled I would prefer that it should be a bill giring the Baltimore and Ohio railroad authority to do what they please in this District, and that no other company should have authority to come in here. Tknow there has been another com. puny trying to get in here all winter, and the It does not belong to law committee reported against it. For that reason I am opposed to granting to this Company a work which there is no probability that this other road can do, a tunnel which is to cost $1,000,000, nearly as much as their whole road will cost. The effect of it is nothing more than to give to the Baltimore and Ohio railroad the opportunity of doing it and control ling this tunnel and the other road. I am afraid that the Alexandria com)any will not do it, and I am opposed to giving it to the Baltimore and Ohio railroad.
Mr. JOHNSON. I think my friendfrom Nevada does not exactly understand what the object of this imrovement is. It is not for the benefit of the altimore and Ohio road.
Mr. NYE. I suppose it is to make a connection between the Baltimore and Ohio road and the Alexandria road.
Mr. JOHNSON. It is to make the connection between the North and the South. The difficulty in which this Alexandria company is placed, from what I have seen and heard from some.of those interested in it, is not that the company was not originally sound and would not have been able to complete this work, but that they may not be able to do it now. There has been a fraudulent over issue of stock to the amount of several 100,000 dollars. Whether that was done under circumstances binding upon the company, I am not prepared to say; but I am inclined to think, notwithstanding their embarrassed condition, that they will be able to make this improvement. But if they should not do it, it is now proposed to authorize the Baltimore and Ohio company to make the improvement. It seems to me that ought to be done. It will not interfere with the bill which is now before Congress, and which will be acted upon, I suppose, at the next session, to authorize a company chartered by Maryland to run a line from the peninsula, on Maryland soil, beginning opposite acquia creek, through certain counties in that State, to come here, if Congress think proper to authorize them to come here; nor if that company should come here would it answer the purpose which this will answer, provided the improvement is made a continuous uninterrupted line of travel from NewOrleans to NewBoston.
Mr. NYE. I think it entirely unnecessary to put any company to this enormous expense for the purpose of making the connection between these 2 railroads in this city. The avenue of this city through which they propose to run is a very wide avenue, and there has been a railroad running through it since 1861.
Mr. HENDERSON. The Senate have already decided that they shall not have a continuance of that right. The Senfrom Maine [Ma Fssssnnsn] objected to allowing them to run their cars there any longer, an said they should not, if he could prevent it, until we provided for this work.
Mr. NYE. I do not know that that necessarily determines it.
Mr. HENDERSON. The bill was postponed by a vote of the Senate.
Mr. NYE. I do not know, even though the bill has been postponed, that that necessarily determines the question, and I do know that anyone objection to it necessarily postpones it. But, sir, I assert that there is no necessity whatever, consulting the safety and the interests of this city, for the company to spend one or 2 million dollars in tunneling under the public grounds for the purpose of forming a connection with this Baltimore and Ohio railroad. There are many of our cities, such as Buffalo, Rochester, Syracuse, and Utica, cities as populous as this and with much narrower streets, through which railroad trains run with entire safety to the public and entire safety to person. I insist upon it that it is wrong for ‘ongress to impose such a condition upon any company as the making of this enormous out lay or the purpose of forming this connection between the North and the South. I have another objection to it. The Baltimore and Ohio railroad is the controlling monopoly ork and of this section of our country, and they will not allow if their power is sufficient to resist itany other railroad to come into this District. If we propose to build from here to NewYork an air line railroad, over which passengers can go with more speed and more safety, we are met here by the Baltimore and Ohio railroad, who Oppose it. When the line, of which the Senfrom Maryland speaks, comes here, as it hasbeen here all the winter to my knowledge, asking permission to run intoahis District with that railroad, the Baltimore and Ohio railroad oppose it; but the Baltimore and Ohio road can get permission to go anywhere they please, under ground or above ground, almost, and to connect their road with the West anywhere. The Baltimore and Ohio road are omnipotent. Now, this poor concern that my friendfrom Maryland says has been defrauded out of several 100,000 dollars
Mr. JOHNSON. I understand so; I do not know that it is so.
Mr. NYE. I have no doubt it is true; and assuming it to be true, the committee impose upon that poor, defrauded skeleton of a company the necessity of spending one or 2 million dollars to make a tunnel, which they know they will not make. What is it for? It is to give the Baltimore and Ohio railroad the supreme command of all the railroads that come into this District. That is what it means in plain English. I4 desire to enter my protest against it. I insist upon it that there shall be a vote by yeas&nays on this amendment, and the views of the Senate expressed upon it.
Mr. SHERMAN. There is no railroad in the U.S. that does that now, except the Baltimore and Ohio.
Mr. HENDERSON. The Senatorsays that no other road does it. He may be correct so far as this matteris concerned; but Ihappened to be, a few days ago
Mr. STEWART. Let me call the yeas and us s on this re position.Mr. HEN E SON. I suppose you Will hardly call them while I am speaking. I do not very often occupy the attention of the senate, and this is a matter of importance. I 510 not believe the Senfrom Nevada ever interrupted a gentleman before. I have scarcely known of his making an interruption, or asking any question, or calling the yeas&nays, heretofore, when a Senator was speaking. The Senfrom Ohio says thattha Baltimore and Ohio road is guilty of a wrong that is inflicted by no other company. That may be true.
Mr. SHERMAN. I oughtto say that that was merely a casual remark, and the president of the road says he is going to correct it.
Mr. RUCKALEW. The Senator will remember that a year from this time we shall not be in session, and howcan Congress know whether the work of tunneling is going on or not?
Mr. HENDERSON. That may be; but within a very short time after that we shall be in session.
Mr. NYE. I do not like to occupy the time of the Senate upon this question; but still I think I see there is to be agreat wrong inflicted upon this little company.
Mr. HENDERS N. If it is in my power to do iIt will withdraw the amendment.
Mr. Garrett does not want to build this tunnel. I am trying to force it n on him.
Mr. NYE. I should like to ask the Senator how Congress can compel the Baltimore and Ohio Railroad Company to build this tunnel.
Mr. HENDERSON. we cannot do it except in this way.
Mr. HENDERSON. We can say to them that they shall no longer have the privilege of running locomotives through the city unless they go to work and begin tunneling over some other line, and that will hold out an inducement to them.
Mr. NYE. The question I want to ask the Senfrom Missouri is this: by what legislation, and when was it, thatyou compelled the Baltimore and Ohio Railroad Company to expend 7 or 8 million dollars to build this cross road to the Point of Rocks?
Mr. HENDERSON. The effectof our legislation was to compel them to do so.
Mr. NYE. What authority has Congress to compel an company to expend 7 or 8 million dollars?
Mr. NYE. I guess not. Does the Senator mean to say that that road to the Point of Rocks was not commenced before this?
Mr. HENDERSON. It has never been commenced at all.
Mr. NYE. It has been talked of for a number of cars by this compan. I have not got time to
Mr. NYE. All I wish to say is this: every effort that we make to open a channel of communication between here and the city of NewYork or any other point where this road has its fangs, meets with its stern and stubborn opposition, and they claim, and it has been claimed for them on this floor, that by their vested rights they have a right to control this thing; and I know that they stand like a wall against letting any railroad into this city except what they control. I do not propose by my vote to at the capital of this nation under the contro of the capital of the Baltimore and Ohio Railroad Company or any other corporation. I should like to ask the Senator one more question. Where on the public grounds does this road run now? 0
Mr. HENDERSON. Right in front of the a itol.
Mr. NYE. Precisely so; but that is a public street.
Mr. HENDERSON. We have passed abill to extend the Capitol grounds.
Mr. NYE. But the Capitol grounds are not to be extended this year, and what is the hurry?
Mr. HENDERSON. There is nothing to prevent their bein extended this year.
Mr. NYE. the grounds are not to be extended in that direction.
Mr. HENDERSON. That is not a street there. It belongs to the public grounds, and the botanical garden beyond it belongs to the public onnds.
Mr. TEWART. I should like to inquire if this bill provides for an extension of the time within which the road is to run in front of the Capitol.
Mr. STEWART. Certainly there ought to be a full session of the Senate before we vote on that. It has been discussed in the Senate. heretofore and voted down on a fair vote.
Mr. HENDERSON. That bill was postponed simply because we had no provision in it for forcing them to commence the tunneling. The Senate said they would not give them the privilege to run on the public grounds unless they manifested a disposition to go on and make a tunnel and ct 03' the public grounds. That is 'iist what tfiis bill doeS.R.STEWART. I do not think it safe for cars to run there by steam.
Mr. HENDERSON. Then why not give them this privilege of tunneling?
Mr. STEWART. I do not feel very much inclined to give that company any extra privilewes. They do not exteng anyto anybody else.
Mr. STEWART. The Baltimore and Ohio Railroad coman.
Mr. HENDERSON. I have withdrawn the amendment in regard to the Baltimore and Ohio Railroad Company. What is the senator talking about?
The PRESIDING OFFICER. Did the senator report the amendment from the ComDistCol?
Mr. HENDERSON. Yes, sir; but I ask the privilege of withdrawin the amendment.
The PRESIDING OFF CER. It can be withdrawn by unanimous consent. The Chair bears no objection, and the amendment is withdrawn.
Mr. STEWART. Is it proposed to extend the time to the Baltimore and Ohio road to run in front of the Capitol until this other bank ru t company can construct the tunnel?Mr. HENDERSON. Certainly not.
Mr. STEWART. We might as well give them the right perpetually as to do that.
Mr. HENDERSON. It is only the bankrupt company that is now authorized to rum there this poor, bankrupt company that the Senator’s colleague has been talking about. The Baltimore and Ohio company now have. nothing to do with it.
Mr. MORRILL. My friend, the Senfrom Nevada, seems to be laboring under a misapprehension as to what this bil really is. It is aiplicahle to the Alexandria company. The A exnndria company are runnin thei cars now on the streets in front of the apitoi by sufferance. They were obliged, before they were authorized to run their road by steam there, to get the consent of the corporation of.‘ Washington, and also the consent 0 Congress. They got consent from the city of Washington, and early this session the Committee on the: DistCol reported a bill giving the consent of Congress: That bill was rejected; It was said that it was not safe to grant that, privilege, but that if this company would diverge their line and run east of the Capitol, throp h a tunnel, as they proosed to do, then we might temporarily allow them to run their cars in. front of the Capitol until the could nccom plish that purpose. This bil is to do that thing, and that is all there is of it.
Mr. MORRILL. Yes, sir; while they are building the tunnel.
Mr. STEWART. At what rate of speed? Do you regulate that?
Mr. HENDERSON. Yes, sir; that is all related.
Mr. HENDERSON. If you Wlll only listen to the amendments, you will find that that is all provided for.
Mr. MORRILL. That is all there is in this bill. The Senator who has charge of the bill, it seems, anticipating that they might not accomplish this work, and that thus it would fail utterly, and there would be no connection across the city if they did not do it, authorized this other company, the Baltimore and Ohio companyi, to do it. That amendment is withdrawn. he only question, therefore, is whether we will authorize this company to di verge their line east of the Capitol, through a tunnel, and make a connection 03' here With the Baltimore and Ohio railroad, and in the mean time grant them the authority to 'ruu their cars by steam in front of the Capitol, which they have no authority to do now. I understood it to be the sense of the Senate, on a former occasion, that we would authorize them to do that temporarily, until they could make this connection; and we have made this bill, as we understood, in conformity With the former judgment of the Senate. That is all there is of it.
The PRESIDING OFFICER. The next amendment reported by the committee Wlll be read.
The Secretary read the next amendment, which was in section [ 3 ] two, lines 6 and 7, to strike out the words “6th street, and also at its intersection With, ” so that the section will read: Ssc.2. Abife: Thatthe provisions of sections 3 and 4 of the act to which this is an amendmentshall be applicable to the extension If said read or tracksasherebyauthorised, and that it shall be lawful for said company to construct a.lfnw or other bridgeacrossthe ashington canal at its intersectionwith D streetsouth.ofsuch plansand JHHK‘DSIODSas may be approved by the corporation of Washington, and so as not to interfere with the navigation of said canal. And alsotousesteampower in the transportation of passengersand freight over said railroad and branches.subject however.to such restrictions and regulations as may be imposed by the corporate authorities of the city of Washington in reggae: to such portion thereof as may be locatedin wh01 y
The Clerk read The next amendment was to insert as section 3 the following: SEC. 3. Abife: That the consent of Congressbe, and thesame is hereby, granted for a period of 12 months from the passageof this t to the Alexandria, Washington, and Cecrgetown ailroad 001!)any to use steampower in drawing the can Of‘lfll company on the structureacrossthe Potomac river erected y said company under the provisionsof the act entitled “ An act to extend the charter of the Alexandria and Washington Railroad Company and for other purposes.”approvedMarch 8, 1863a.nd along the rai way now had by said company or which may be liereafter laid, under the pro visions of the said act along Maryland avenue and 1st street west.in the ci ty of Washington.to the presentdepot of the Washin ton branch of the Bal timers and Ohio railroad. so 'ect always, and in all particulars. to such restrictionsand regulationsconcerning the use of such. Steam power as the corporation of the city of Washington rnayb.yits ordinances, at any time impose on the railroad company ro eidqd, That the said companyshall not propel their enginesat a greaterrate of speed than 5 miles per hour within the corporatelimits of Washingtoncity.
Mr. NYE. I suggest to the gentlemen having this bill in charge that that time had better be made 18 months instead of 12. As suggested by the Senfrom Pennsylvania, at the end of 12 months Congress will not be in session. Nobody expects that this tunnel will be completed in 12 months; and it will be but air to have this privilege expire during the session of Congress, so that they can renew it if they desire to do so.
Mr. HENDERSON. I have no objection to that.
Mr. NYE. I move then to amend the amendment by striking out “ 12 ” and inserting “18." The amendment to
Skip Skip The amendment was agreed to. The amendment, as amended, was adopted.
The Clerk read The next amendment was to strike out the 4th and 5th sections of the bill, as follows: SEC. 4. Abife: That the said railroad company shall be required to pay any and all 1' damages that mayresultto private property fromthe extension of said read and the tunneling under the severallots and squaresof ground as heretofore pro vided; and that in the eventthe owneror ownersof such property and the said company cannot agreeas to the amountof such damages, or the value of any private propertyso appropriated for the purposes of such estensmnof said road.such proceedings shall thereupon be had for the appropriation and assess; mentof the damagesthercof asare authorized and required under the laws now in forcein the DistCol regulating appropriations and assess inentof damages for opening roads.streets.andalleys, in saidDistrict. That uponthepaymenttotheowner 3 or ownersof the amount of such award of damages. i or the lawful tender thereof, togetherwith the pay mentof all costs of such proceeding st.he said companyshall acquirethe rig it to useand occupyfor the purposesof Silltl railroad all such lands soappropri proper working and running said read. SEC. 5. Abife:, That if at any time any other railroad company shall or mayda sire to useand occupythe said tunnel so authorized by this not.either on the same track or anotherone dongside thereel.any such company shall have the right to do soupon such fair and reasonabletermsas may beagreedupon by said parties to such Joint oe cupancy. In casepartiescannotagreeon terms the supremecourt of the DistCol shall fix the terms.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended and the amendments were concurred in and orderengross and the bill to be read a 3rd time. It was read the 3rd time and passed. AQUEDUCTBRIDGE AT GEORGETOWN.
Mr. HENDERSON. I move that the senate proceed to the consideration of Senate bill No. 395, the only remaining bill that we have.
Mr. DAVIS. I move that the Senate ad ourn. J
Mr. HENDERSON. I hope not. This is the only bill remaining. Let us take it up at any rate and dispose of it in some way.
The PRESIDING OFFICER. Does the Senfrom Kentucky withdraw his motion?
The PRESIDING OFFICER. Then the question is on the motion of the Senfrom Missouri. The motion was agreed to; and the bill (S.No.395) relating to the aqueduct brid e of the Alexandria Canal Company over the otomac river at Georgetown, in the DistCol, was read a 2nd time. The Secretary commenced the reading of the bill.
Mr. DAVIS. The bill has been taken up; it is a bill of some length; and I will now move that the Senate adjourn.
Several SENATORS. ct the bill be read through.
Mr. DAVIS. It might as well not be read; the majority of the members will know no more about it than if it was not read. I insist on my motion. The motion was agreed to; and thereupon (at 15 minutes past ten o’clock) the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, July 20, 1866. The House met at 12 0’ clock ni. by the Chaplain, Rev. C. B. BOYXTON. On motion of Mr. BANKS, and by unanimous consent, the reading of the Journal of yesterday was dispensed With. NATIONAL CEMETERIES.
Mr. DEMING, by unanimous consent, from the ComMilAffrs, reported a bill to establish and to protect national ceme teries; which was read a 1st and 2nd time, ordered to be printed, and recommitted. SOLDIERS, AND BAILORS’ NATIONAL FAIR.
Mr. BANKS, by unanimous consent, introduced a JtResolution relating to the building lately occu ied for a national fair in aid of “16.0? hans of the soldiers and sailors of the U.S.; which was reads 1st and sec Prayer ond time. ate. in such a manner as may be necessaryfor the It provides that the building recently occupied for the national fair, with the materials of which it is composed, and the tools used in its construction and necessary to keep it in repair, shall be appropriated to the use of the directors of the National Soldiers’ and Sailors’ Orphan Home for an additional fair in aid of said or hens, and for other purposes deemed by the irectors to be expedient in furtherance of this national charity. The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. PACIFIC RAILROAD BONDS.
Mr. PRICE, from the ComPacificRR, by unanimous consent, reported back House bill NO. 772, to authorize the issue of certain bonds in denominations greater than $1,000, with a recommendation that it do pass. The bill was read. It provides that hereafter bonds of the U.S., authorized by the act of July 1, 1862, to aid in the construction of railroad and telegraph lines from the Missouri river to the Pacific ocean, and by the acts amendatory thereof, may be issued in denominations eater than $1,000 at the discretion of the SecyTreasury; provided, however, that it shall at all times be optional with an railroad company whether they will receive onds of a larger denomination than $1,000. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. PRICE mtRtv the bill was passed; on the table. agreed to. TAPPING GOVERNMENT WATER PIPES.
Mr. FTHOMAS, from the ComJudiciary, by unanimous consent, reported back House bill No. 775, in relation to the unlawful tapping of Government water ipes. The bill was read. It declares the an awful tapping of any water pipes laid down in the DistCol by authority of the U.S. to be a misdemeanor and an indict able offense, and upon conviction of such an offense in the criminal court of the DistCol imposes a penalty not exceeding $500 or imprisonment not exceedin one ear. And it is made the special duty of the em rPubBldg to bring to the notice of the attorney of the U.S. for the DistCol or to the grand jury an infraction of that law. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed.
Mr. F. HOMAS mtRtv the bill was passed; upon the table. agreed to.
Mr. ROLLINS, from the Committee of Ae counts, byunanimou consent, introduced a bill to equalize the pay of the officers and employee of the HoRep, to prohibitan allowance of extra compensation, and for other purposes; which was read a 1st and 2nd time, ordered to be printed, together with the accompanying tables, and re'committed. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined an found truly enrolled an not (H.R.No. 3) to revive the grade of General in the U.S. Army; when The SPEAKER signed the same. ADMISSION OF TENNESSEE.
Mr. BINGHAM. I demand the regular order. The House accordingly resumed the consideration of the regular order. being the unfinished business of y'Bswrday, which was House Jtresolution No. 83, concerning the State of ennessee, on which Mr. Bixom was entitled to the floor. The pending question was on the substitute offered by Mr. Eixonus, on which he had demanded the previous question.
Mr. BINGHAM. withdraw the demand for the previous question in order to modify verbally the substitute. The substitute, as modified, was read as follows:JtResolution declaring Tennessee ain entitled to Sens&Reps in congress. Whereas the State of Tennesseehas in good faith ratified the article of amendmentto the constitution of the U.S. proposed by the 39th congress to the Legislatures of the several States and asalso shown, to the satisfaotion of Congress. by a proper spirit of obediencein the bed of her people.her return to her due ulle iance tot e government.laws and authority of the U.S.: ThBeereitfore. resolvedbythe Senate and HoRep of the U.S.A. in Congress assem bled.That the State of Tennessoeis hereb restored to her formerproper.practical relation to t o Union and is again entitled to berepresentedb Sens&Repsin Qongress, duly e ected and qualifie. upon their taking the oathsof officere quired by Misting laws.
Mr. BINGHAM. I renew the demand for the previous nestion.
Mr. BOUTWELL. Will the gentleman yield to allow an amendment to be offered?
Mr. BINGHAM. I will allowit to be read, reserving my right to the floor. The C crk read the amendment of Mr. Bour WELL, as follows: That whenever Tennesseeshall have ratified the amendmentto the Constitution proposedtothe Lo latnres of the severalStates by the 39th ngress and shall have established an equal and ‘n system ofsuffragoforall male citizens Within its luri iction who are not less than 21 years of age. the Sens&Reps of such State.giftafokuenndth duly eelected and qualified. may. after oathsof office.be admittedinto Congress assuch: Provided.That nothing in this section contained shall beso construedas to require the disfranchisementof any loyal person who is now entitled to vote.
Mr. BIN GHAM. I cannot yield to allow that to be offered.
Mr. GARFIELD. Let us have a voteupon it, and express our sentiments upon it.
Mr. WARD. I ask the gentleman to allow me to offer a substitute. I
Mr. BINGHAM. I will allow it to be read, but not to be offered at present.
The Clerk read Mr. san’s amendment, as follows: Whereas the State of Tennesseehas in good faith ratified the amendment to the Constitution of the U.S. probesedby the 39th congress to the legislatures of the several States and as shown otherwise to the satisfaction of Congress. bya proper spirit of obediencein the bodyof her people her return to due allegiance to the government own and authority of the U.S.: Therefore, Resolvedbythe camel HoRep Tohlda“t t U.S.A. assembled. States do hereby recognizethe governmentof the State of Tennessee.inan rated under and by the convention which assembled on the 9th day of January. 1865.at the city of Nashville. as the legitimate government of said State.entitled to the guarantee and all other rights of a Stategovernment under the Constitution of the U.S. Be it resolued 6:12.T.hat the State of Tennessee is herebydeclaredto be restored to her former proper practical relations to the Union, and again enti led to be representedby Sens&Reps in Congress.duly elected and.qnalifle. upon tieir taking the oathsof o co required by existing laws.
Mr. LEBLOND. I ask my collea no to yield to me to allow me to offer an amen ment.
Mr.BINGHAM. I will allow it to be read, retaining the floor.
The Clerk read Mr. Li: Bnosii’s amendment, as follows: Btrikgvoutall after the enactingwordsand insert as oo 5: That the State of Tennessee is entitled to berepro lented by Sens&Reps in congress. elected and qualified. upon taking the 00. h of
Mr. BINGHAM. I cannot yield for that purpose. I insist on the demand for the previous question. The question was at upon 2nding the demand for the previous question, and there were ayes 69, noes 7; no quorum voting. Tellers were ordered; and Messrs. BiKGiuM and Le BLOND were appointed.
Skip Skip The House divided; and the tellers reported ayes 94, noes not counted. So
Skip Skip The previous question was 2nded. The main question was then ordered to be put.
Mr. ELD tIDGE. I now demand a separate vote on the preamble and resolution.
The SPEAKER. Thatwill be in order after the vote on the substitute. The question will be 1st on the preamble and then on the JtResolution. The substitute was agreed to. The question recurred upon ordering the JtResolution, as amended: to be engrossed and read a 3rd time.
Mr. SHELLABARGER. I desire to make a suggestion to my colleague [Mr. BINGHAM] in regard to a verbal amendment of his resolution. M recollection of the Constitution is that it provides for the ratification by the Legislatures of3/4ths of the States. I suggest to my colleague that he substitute for the words “State of Tennessee” the words “Legislature of the State of Tennessee.”
Mr. BINGHAM. Oh, that is not necessary at a.
Mr. RANDALL, of Pennsylvania. to any modification. The JtResolution was orderengross and read a 3rd time. The question recurred upon ordering the preamble to be engrossed and read a 3rd time.
Mr. BROMWELL. I desire to make a suggestion to the Gentfrom Ohio.
Mr. RAYMOND. I rise to make an inquiry of the Chair. I understand the Chair to decide that the resolution offered by the Gentfrom Ohio [Mr. BINGHAM] as a substitute for the original resolution has been orderengross and read a 3rd time.
Mr. RAYMOND. But it has not yet been read the 3rd time?
Mr. RAYMOND. And the question is now upon ordering the preamble to be engrossed and read a 3rd time?
Mr. RAYMOND. After the preamble shall have been orderengross and read a 3rd time, can we then have separate votes on the resolution and preamble?
The SPEAKER. The Chair will read from page 137 of the Digest: “In the caseof a resolutionwith a preamble there is no difficulty as to the time at which the preamble is to be considered.nor in any case in ComWhole; but in the House.in the caseof a bill with a reamblo, there is particu some uncertaint ynsto thve ar stagein which the hill must, be when it is proper to considertheprcamble. It would scem that it might appropriately be doneafter fhebill hasbeen ordered to e engrossedand read a 3rd time and beforethe 3rd reading takesplace. By this course the bill can be engrossedeither with or without the preamble.asthe easeshall havedetermined. But where a separatevote on the preamble is not asked for beforethe bill is read a 3rd time. the preamble is consideredas adopted." The resolution has been orderengross, and the quesaion now recurs whether the preamble shall be engrossed. Ifthe House vote against engrossing the preamble, tben the resolution itself only will be read the 3rd time. The only way in which a separate vote can be had upon the preamble is by calling for it now.
Mr. RAYMOND. If the reamble shall be orderengross, will there be any way afterwards of obtaining separate votes upon the reamble and resolution? The SP AKER. There will not.
Mr. RAYMOND. Then, for the purpose of obtaining those separate votes, I move to reconsider the vote by which the resolution was orderengross.
The SPEAKER. The Gentfrom NewYork [Mr. Ransom] can arrive at what he desires by calling for a separate vote on ordering the preamble to be engrossed. I object Mr. RAYMOND. But we do not have the yeas&nays on the resolution.
Mr. BINGHAM. We can have them on the passage.
Mr. RAYMOND. I understand the Chair to decide that the resolution and the preamble must be voted on together.
The SPEAKER. If the preamble shall be orderengross, it will be read and voted upon with the resolution.
Mr. AYMOND. Then, for the purpose of having separate votes upon the preamble and the resolution, I ask the House to reconsider the vote by which the resolution was orderengross and read a 3rd time.
Mr. ELDRIDGE. I rise to a point of order. I called for separate votes upon the preamble and resolution, and understood the Chair to state that that right was reserved to me.
Mr. ELDRIDGE. I understand the Chair now to decide that if the preamble is orderengross and read a 3rd time then we cannot have se{parate votes upon them. The SPEAI ER. Separate votes cannot be had after the order for engrossment, but they can be had now. After the resolution has been orderengross, if any member desires nseparate vote a on the reamble it can be had before the t ird reaing of the resolution upon ordering the preamble to be engrossed. The question recurred upon the motion of Mr. Rin'iiosn to reconsider the vote by which the JtResolution was orderengross and read a 3rd time.
Mr. GARFIELD. I move to lay the motion to reconsider upon the table.
Mr. HOTCHKISS. I would inquire. if we vote against ordering the preamble to be engrossed, will not that secure what my colleague [Mr. RAYMOND] wants, a separate vote?
Mr. HOTCHKISS. Why is not that all he wants?
Mr. RAYMOND. I withdraw the motion to reconsider the vote upon ordering the resolution to be engrossed, and ask for a separate vote uiion ordering the preamble to be engrossed.
Mr. BINGHAM. I call for the previous question upon ordering the preamble to be engrossed.
Mr. DAWSON. I rise to a question of order. When the Chair stated that the question was upon ordering the resolution to be engrossed and read a 3rd time, I demanded the yens and an s, and the Chair recognized my demand.
The SPEAKER. The gentleman called for the yeas and an 5 upon or ering the reamhle to be engrosse, but afterward with rew that call.
Mr. DAWSON. The Chair, i beg to state, is in error. My call for the yeas&nays was upon orderin the resolution to be engrossed.
The SPEAKER. The gentleman withdrew his call for the yeas and as s, and it was too late to renew it after severe members ha. but inquiries to the Chair, aswill be seen by reference to the Globe tomorrow.
Mr. JENCKES. I renew the mtRtv the HouSe ordered the resolution to be engrossed and read a 3rd time.
Skip Skip Mr. ELDRIDGE. I call for the yeas and no s on the motion to lay on the table. The yeas&nays were ordered. The question was taken; audit was decided in the aflirmative yeas 104, nays 29, not voting 49; So the motion to reconsider was laid on the table. The question then recurred on ordering the preamble to be engrossed and read a 3rd time, on which Mr. BINGHAX had called for the previous question.
Mr. LEBLOND.Mr. Speaker, I rise to a uestton of order. A portion of us here desire to vote for the resolution, while weSeveral Mslsnns. That is no question of order.
Mr. LEBLOND. We do not fully concur with the implication contained in the pream ble; yet. by the ruling of The SPEAKER
Mr. THAYER, Mr. PRICE, and others. We object to debate.
The SPEAKER. The remarks of the Gentfrom Ohio do not, in the opinion of the Chair, present any point of order.
Mr. LEBLOND. I was about to present my aim of order. Accerdin to the ruling of t K) Chair, as we understan it, if the preamble is orderengross, we cannot have a separate vote upon the preamble and the resolution. This being the fact. some of us will be compelled to vote against the whole thing, in consequence of our objection to the reamble.
The SPEAKER. There is no precedent known to any gentleman here which sanctions the idea that. after a bill has been engrossed and the uestton recurs upon its passage, apart of the h1i can be passe and a part rejected. According to uniform parliamentary usage that is impossible.
Skip Skip The previous question was 2nded and the main question ordered, which was upon ordering the preamble to be engrossed and read a 3rd time.Mr. RANDALL. of Pennsylvania. I call for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided it the affirmative yeas 87, nays 48, not voting 47; So the preamble was orderengross and read a 3rd time. During the vote, Mr. RADFORD stated that his colleague, Mr. WINFXELD, was detained athome by illness. Mr. JOHNSON stated thathis colleague, Mr. DENISON, was detained at home by serious illness. The vote was then announced as above recorded. Mr. MOULTON mtRtv the preamble and JtResolution were orderengross and read a 3rd time; on the table. agreed to.
Mr. HARDING, of Kentucky, demanded the reading of the preamble and JtResolution as engrossed.
The Clerk read the preamble and resolution as engrossed.
Skip Skip Mr. BINGHAM demanded the previous question on the passage of the preamble and JtResolution. The previous question was 2nded and the main question ordered.Mr. JLTHOMAS demanded the yeas&nays on the passage of the preamble and resolution. The ass&nays were ordered. Mr. ELDRIDGE. I demand a separate vote on the preamble and JtResolution in confermity to the uniform usage in this House.
The SPEAKER. If the gentleman will show a single ruling during this or any previous congress the Chair will entertain his demand fora separate vote. There has not been a single one during the 11 years of service of e Chair in tis House.
Mr. BINGHAM. I rise under the rule to close the debate on the resolution, but' 1st I will yield 30 minutes of my hour to my colleague on the ComReconstruction, the Gentfrom Massachusetts, [Mr. Bour ween]
Mr. INGHAM. I have no objection to that.
Mr. BOUTWELL. I do not wish to be misunderstood. The ground of my objection was the disfranchisement of the colored people. I made no complaint in regard to the disfranchisement of the rebels.
Mr. BINGHAM. The gentleman will lease not take up my time. I only so that ho a the gentleman will correct tat in his speec.
Mr. FINCK. I ask my colleague to yield to me for one minute.
Mr. FINCK.Mr. Speaker, I give no consideration to the alleged ratification by Tennessee of the amendment referred to in the preamble. I do not believe it to be the act or expression of the people of that State. But, sir, the great overshadowing Iquestion is the right of ennessee to be remerited here. I believe she is so entitled. ll want that State and all the States to enjoy their constitutional right of representation, and will vote for this resolution, but not consenting to, but protesting against, the preamble annexed to the resolution.
Mr. BINGHAM. We think that Tennessee oughtto be represented.
Mr. FINCK. I believe it. I believe that all the States should be represented.
Mr. BlNGHAM. I ope my colleague will excuse me from further loss of time, and permit me to state the reasons why Tennessee should be admitted.
Mr. ELDRIDGE. Does the gentleman in tend to give no time to this side of the House?
Mr. STEVENS. At the time that missouri elected her Representatives, we had not changed the basis.
Mr. BINGHAM. That does not alter the case; we have not changed the basis yet.
Mr. STEVENS. Missouri was never a rebel State.
Mr. BINGHAM. That does not alter the case, unless it follows that rebels in a State which did not secede are entitled to more consideration than rebels in a State that did secede.
Mr. STEVENS. Nothing alters it, I suppose. [Laughten]
Mr. BOYER. I would like to ask the gentlemun from Ohio [Mr. BINGHAM] by what warrant he said there were 175,000 rebels in the State of Pennsylvania.
Mr. BINGHAM. You certainly did. The question recurred upon the passage of the resolution and preamble, upon which Mr. J. L. Tnonss had asked for theycas and noys. The ens&nays were ordered.
Mr. E BLOND. I perceive that the Gentfrom Ohio [ML BINGHAM] has some time left. Will he yield to us on this side 5 minutes of it? '
Skip Skip The question was taken; and it was decided in the a rmative yeas 125, nays 12, not voting 46; So the JtResolution and preamble were passed. During the roll call the following announce ments were made:
Mr. FINCK. Protesting against the pream ble, I vote for the resolution.
Mr. ELDRIDGE. I spit on the preamble, and vote “ay ” on the resolution.
Mr. JOHNSON. I vote “0y” for representation.
Mr. LEBLOND. I find myself paired on this question. I am in favor of the resolution but opposed to the preamble, and therefore I cannot vote at all.
Mr. TRIMBLE. While I utterly repudiate the preamble, I will not hazard the passage of the resolution by voting against it; and therefore I will vote “ ay.” I did not say any such ll
Skip Skip Mr. KASSON. I desire to state that Mr. DARLING has been called away by sickness; if he were present he would vote "oy."Mr. H ILBURD. Mycolleague, Mr. GRIS wow, is absent. If he were present he would have voted “ay, ” as he would have done at any time this session.Mr. COBB. My colleague, Mr. SLOAX, is aired with Mr. HAanIs, but would vote “ay ” if he were here.Mr. NEWELL. I desire to state that Mr. MARVIN is absent by leave of the House. If he were present he would vote “ ay.”Mr. DAWES. I desire to state that my colleague Mr. BALDWIN, has been compelled to leave the city on account of sickness. Mr. MOULTON. I desire to say that 2 of my colleagues, Messrs. Coon an ‘CULLoiI, are absent by leave of the House. If present they would vote “ a.”
Mr. MARSHAL. I am in favor of the admission as members of this House of all persons duly qualified, and who can take the oath prescribed by law. But I am opposed to the preamble of this resolution, and therefore I do not vote.
Skip Skip Mr. DEMING. My colleague, Mr. BRAN DEGEE, is detained at home by indisposition. If present he would vote “ay.” Mr. RADFORD. My colleague, Mr. WIN r'inui, is detained at home by sickness. If he were present he would vote “ay.” Mr. EGGLESTON. I desire to state that my colleague, Mr. HAYES, is absent on account of sickness. If he were here he would vote for this resolution. Mr. BROOMALL. On this question I am paired with the Gentfrom Iichigan, Mr. SGYEAB, who left the city yesterday. If he were here he would vote for the resolution. I, ifI believed what is stated in the preamble, would vote in the affirmative; but as I do not, I would vote “no.” Mr. DAVIS. I desire to announce that my colleagues, Mr. HALE and Mr. Donor, are ab sfent ." If they were present they would vote a.Mr. ELIOT. The Gentfrom NewYork, Mr. Pousuov, who is absent, would, if he were here, vote in the affirmative. Mr. WASHBURN, of IndiQia. My colleague, Mr. STILWELL, is paired generally with a member who on this question has voted in the affirmative. I desire to state that if Mr. STILWELL were here he would also vote “ a.” Mr. HOTCHKISS. I desire to'state that my colleague, Mr. HUBBARD, is absent on account of sickness. If present, he would vote in the affirmative. Mr. HUBBARD, of Iowa. My colleague, Mr. GRIKNELL, is absent on important business, If he were here, he would vote “ay.” Mr. ORTH. I desire to state that my colleague, Mr. DUMOXT, is detained from the House by sickness. When the call of the rollhad been concluded
The SPEAKER, directing the can; to call his name, voted “ ay.” The result of the vote was announced as above stated, and was received with demonstrations of applause on the floor and in the lleries.
Mr. BINGHAM. Mtrtv the JtResolution was passed; on the table. agreed to. HARRIET w. POND.
Mr. WASHBURN, of Massachusetts, from the ComClaims, submitted, by unan imous consent, an adverse report on the claim of Mrs. Harriet W. Pond; which was laid on the table. RESTORATION or INSURRECTIONARY STATES.
Mr. STEVENS. I demand the previous question.
Mr. BINGHAM. I desire to offer an amendment.
Mr. STEVENS. I think the gentleman has had his da.
Mr. LEBLOND. I hope the gentleman does not intend to put this on its passage when it has not been printed and we have not had any opportuiiit to examine it.
Mr. STEVENS. I HlBlSt on the demand for the previous question.
Skip Skip The House divided; and there were ayes 42, noes 51. Mr. STEVENS demanded tellers. Tellers were ordered; and Mr. STEVENS and Mr. Srnonsi i were appointed. The House again divided; and the tellers reported eyes 41, noes 60. So the House refused to 2nd the demand for the previOus question.
Mr. BIN GHAM submitted the following substitute for the 1st section: haTvhenrt awthificen deiyner any State l the above recitedi amendment, and shall iavo modified its constitution and laws in conformity therewith and w ith the other proVlSlOhSof the Constitution of the U.S., the Sens&Reps from such State, if foundduly clect i and qualified shall, after havin itnatkoen Congress has sosfuocflhic.e required by law, beadmitted Mr. WILSON, of Iowa. I ask the gentleman to let me move the following amendment: seSettriiokneoofuthtealbl ilal fatenrdthineseenrtatchtein follows inein: the 1st That whenever the above recited amendmentshall have becomepart of the Constitution of the U.S., and any State lately in insurrection dllllll have ratified the samc, and shall have modifiedits constitution and laws in conformity therewith, the Sens&Reps from such State.if found duly elected and qualified, may, ufler having taken the required oaths of office be admitted into Congressas such: Provided, That if any State, after ratlfying said umendment and conforming its constitution and laws therevnth shall establish an equal iatnsd Juuruisstdsicytsitoen mwofh suffrage footralcllmmitihlcacnitiz 21 years of age, the Sens&Reps from such state shall be ailinitted its aforesuid without being requiredto await the action ofother Stateson sinagidin amendment: And providedfurther, That noth to requthiriest section contained shall be so construedas disfranchisomentof any loyal person who is now entitled to vote.
Skip Skip Mr. BINGHAM. I decline to yield for that pulr ose. I demand the previous question. Mr. KELLEY. I move that the resolution and the amendment be laid u.on the table and on that motion I deman the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the alIirmative yeas 101, nays 35, not voting 46;. So the resoluIi'o nand amendment were laid upon the table. Mr. KELLEY mtRtv taken; on the table. agreed to. ADJOURNMENT OF CONGRESS.
Mr. STEVENS. I submit the following resolution: Resolved, (the Senateconcurring.)That when Congrossa diourns on the do of, instant, it WI“ adjourn to meet ain on Saturday the lat day of deccmbernext. on esssoonerconvened by the Pros ident or by thojointeiill of the Presiding [Econ91' both Houses, who are herebyauthorize to exercise that powerin caseof emergency.
Mr. FINCK. I rise to a question of order.
The SPEAKER. The‘ Chair stated yesterday that he would submit to the House the question whether this was I: question of prig, i ego, under the rule authorizing him to do so. The Chair is confirmed in the correctness of his conclusion yesterday that the resolution is in order as a question of privilege. But it is a very delicate question for him to settle on his own decision, in view of the increased duties and grave responsibilities that may devolve 0n the Presiding Officers of the 2 Houses. He therefore submitsthe question to the House.
Mr. JENCKES. Is it in order to lay the resolution on the table?
The SPEAKER. It is not yet before the House.
Mr. STEVENS. I understand the 1st question is the question of order. I do not care to debate it, and unless some one else does I will call the previous question.
The SPEAKER. The previous question applies to questions of privilege as we I as to all others.
Mr. FINCK. Will the Gentfrom Pennsylvania yield?
Mr. STEVENS. I intend to allow debate after the previous question is 2nded. The SBEAKER. The previous question would cut off all debate and bring the House to a direct vote upon the question precisely as
Mr. STEVENS. Then I withdraw the pre vious question, and will hear what the gentleman has to so.
Mr. DELANO. I rise to a question of order.
The SPEAKER. A question of order is now pending, and it is very difficult to make another one.
Mr. ELDRIDGE. When the Chair submits a question of privilege to the House, are not the questions arising out of it proper subjects for t a House to determine? The peaker now undertakes to determine this as a question of 01116}a.nd yet he has submitted a question of privilege to the House.
The SPEAKER. To what decision does the gentleman allude?
Mr. ELDRIDGE. The question raised by the Gentfrom Ohio, Mr. DELANO, ] or which may be raised.
The SPEAKER. As there is a question already pending before the House, su mitted by the Chair to the House, it will be very dif ficult for him to take another point of order.
Mr. DELANO. After the pending questions is disposed of, will it then be in order to make another question?
The SPEAKER. If the previous question is 2nded the House will then vote upon the question of privilege, and if it is decided in the affirmative it will be before the House.
Mr. DELANO. That will not prevent another point of order.
The SPEAKER. The Chair does notknow what that point is.
Mr. DE ANO. I should be glad to state it. It is this: by a resolution already passed the House has declared its purpose to adjourn on the 25th ofJuly, and a motion to reconsider that resolution was laid on the table. So the House has exhausted its power on that resolution. It is now proposed, I believe, to over ride that resolution entirely and to provide for a recess, while the former resolution providing for an adjournment is pending in the other branch of conress. It is proposed that this House shall virtually repeal it by assing a resolution that it will not adjourn at, al but will take a recess. I submit whether this proposition is in order. This is a proposition to take a recess when the House does adjourn. It repeals and overrides the resolution to adj ourn.
Mr. STEVENS. I answer that by simply sayin that nothing is more common than for this case after voting upon a resolution to adjourn and sending it to the Senate to alter even its own action upon it.
Mr. DELANO. do not doubt that the gentleman can offer a resolution to rescind, but that is not it.
Mr. STEVENS. This does not propose to rescind, but that on whatever day we do adjourn, even according to the former resolution, we shall adjourn from that day to another.
Mr. DELANO. The resolution which the House has passed was to adjourn, but this which the gentleman offers is not to adjourn, but that when we separate we separate under an agreement to take a recess.
Mr. STEVENS. My resolution is to adjourn from a given day to a iven day.
The SPEAKER. f the pending question should be decided to be a question of privilege the Chair would decide the point. But he will overrule it in advace. The House some time since adopted a resolution to adjourn till some blank Thursday in May, and sent it to the Son ate. That is a subject for the action of the Senate to be amended and sent back with a different day fixed. If, therefore, in consequence of having adopted a resolution to ad ourn on Wednesday, the 25th of July, the House should be precluded from sending another resolution fixing another day for adjourn ment, then the resolution introduced the other day to adjourn was out of order, because there was a previous resolution ending before the Senate for consideration and amendment. And the Chair will state that the ruling has always been that these motions in regard to adjournment may be renewed without rescind ing previous resolutions. The House can send a resolution to the Senate, and if it is not acted upon they can send another. It is exactly like a motion to adjourn over from Thursday or Friday till Monday, which can be received after other business intervenes. A motion to reconsider and lay on the table does not prevent it.
Mr. ELDRIDGE. Does not this go to the ComWays&Means?
Mr. DELANO. I would inquire whether there is not a material difference in the cases. There the Senate have not the House resolution under consideration, here they have. It has been transmitted to that body and they have acted upon it.
The SPEAKER. The resolution of May was sent to them and the resolution of July, s8 that they have now 2 resolutions before t cm. I
Mr. GARFIELD. I would inquire whether the question of adjournment is any part of the point of order.
Mr. GARFIELD. But really the question is as to iving the Presiding officers the power to call Congress together. That will narrow down the debate if the House understands it.
Mr. ROSS. I would like to ask the gentleman if he has any objection to leaving the question of the meetin of Congress to the resident, in whose han s it was placed by the Constitution.
Mr. ORTH. Whichever call named the ear lier day. Is the gentleman satisfied?
Mr. ROSS. I am not satisfied. Members from Baltimore and other localities near the Capitol would be the 1st to get intelligence of the call of the President, while members residing near to the Presiding Officers would learn 1st of their call. Thus some members might get here much earlier than others.
Mr. ORTH.Mr. Speaker, this grant of power to the President was given for wise purposes; but although it is an absolute grant it is not an
Mr. FINexCclKu.sivt‘evilglrathnet. gentleman allow me to interru t him a moment?
Mr. FINCK. I desire to say that in addition to the constitutional difficulty, one other point which I endeavored to present as showing that this is not a question 0 privilege is, that this resolution proposes to confer by legislation additional power upon The SPEAKER of the House and the President of the Senate.
Mr. ORTH. I will answer that point when I finish the position I am now considering. I hold, sir, that this resolution does not come in conflict with the constitutional provision which(gives to the President the power to convene congress, if he sees fit, “on extraordinary occasions.” Where the grant is given to the President, as in this case, to do a particular thing, it does not exclude the exercise of a similar lpower on the part of any other dept 0 this Government, especially in view of the fact that this whole question of adjournment is confided by the Constitution to both oases of Congress.
Mr. SHELLABARGER. Will the gentleman yield to me for a few moments?
Mr. DAWES. Let me put a question to the Gentfrom Ohio in aid of the suggestion which he only anticipated me in making.
Mr. ORTIf. I will 1st answer the Gentfrom Ohio, and then yield to the Gentfrom Massachusetts.Mr. Speaker, the resolution now offered for adoption is not a resolution of adjournment; it is a resolution that this Congress shall, when it adjourns at some da to be fixed during this month, adjourn until the 1st Saturday 0 next December. I submit whether, under the language of the Constitution, the President can call an extra session of Congress when we have taken a recess.
Mr. BINGHAM. Is there not a further provision in the resolution that the President of the Senate and
The SPEAKER of the House may convene Congress at some other time? I thin the words “ session of Congress, ” employed by the Gentfrom Indiana, furnish a hint as to the power of Congress over this question. The Constitution fixes the 1st Monday in De cember as the day upon which Congress shall convene. Then it provides they may by law provide for the commencement of the session of Congress. There is another provision in the Constitution that neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than 3 days at anyone time. The word “session” throws some light on the question. This carvi termini implies that the 2 Houses, by concurrent res olution, may during the session of Congress, if it continue to be the same session, adjourn for a longer period than 3 days, and may, therefore, adjourn from next Thursday to the day fixed in the resolution of the Gentfrom Pennsylvania. It will continue to be the 1st session of the 39th Congress. The only question remaining, in reference to which I agree with my colleague, is that we cannot donate the power to any other.
Mr. DAI ES. I suppose no one will doubt that the 2 Houses can take a recess to any time we may fix. The any difficulty is that suggestedby the Gentfrom Ohio in reference to delegating this power to anyone else. Admit for the purpose of this argument that they can delegate this power, how can it be done? These 2 officers have no authority of law to do it. Now, another objection comes up; they cannot acquire this authority except by law. The question comes up whether by a simple resolution of this House, and of the other branch of Congress, you can clothe these Presiding officers with new powers. Can you, by a res olution merely, clothe them with any other powers than those which they now haye? I do not believe it is within our power to del egate to them any authority over the question of an adjournment. The 2 bodies of congress can take a recess for any time that they may fix. The President has the power of convening Congress in extra session; but the 2 Houses cannot surrender their judgment of the public exigencies to any 2 members. I have no idea that we can clothe the Presiding officers of these 2 bodies with any such power.
Mr. ORTH. I have no difficulty in answering the position taken by the Gentfrom Massachusetts' and I need but remind that entle man of the common transaction in every congress since the Government was or nized of clothing
The SPEAKER of the House With certain authority by simple resolution; and clothing
The SPEAKER of the House and the President of the Senate with certain authority by concurrent resolution; and in neither case by law. For instance, we authorize
The SPEAKER of the Hause to adjourn us when we have agreed upon a ay.
Mr. DAWES. Ah, the Constitution says we can do that.
The SPEAKER and the President of the Senate to take charge of the public buildings and grounds, the Capitol police, as well as other matters, as the agents of Congress, carrying out their wishes, without any act of Congress on the subject whatever. We do it by resolution simply; and the resolution now under consideration merely empowers the Presfling Officers of the 2 bodies to carry out the wishes of Congress, and clothes them with authority to shorten the recess from the 1st Saturday In December to the 1st Saturday in September for instance; in other words, we take a recess until these gentlemen whom we have appointed notify us that the recess shall terminate. They are to act, not for themselves, but as the agents of the 2 Houses carrying out their will and acting under their authority.
Mr. GARFIELD. The Gentfrom Indiana says that this resolution does not contemplate an adjournment but a recess, and therefore the same rules that might 0. ply to a question of adjournment do not apgly to this question. I call the attention of is gentle man to the fact, if I am not incorrect in in memory, that the word “recess” is not use in the Constitution.
Mr. GARFIELD. I do not mean that it is not used at all, but it is not used in reference to this thing called adjournment. The word “adjournment” is used. It speaks of congress not adjourning for more than 3 days or instance, if we should take what the gentleman calls a recess from now until Wednes day next that is what the Constitution would call, not a recess, but an adjournment. It occurs to me that the gentleman has based his or ument on a misapprehension of the facts. [iin ORTH. The trouble is that the Gentfrom Ohio confounds the terms “a journ ment” and “ recess.” If the House agrees to separate and come together on the 1st Mon da in November, that is not an adjournment. Idr. GARFIELD. The Constitution calls it so.
Mr. KASSON. The Constitution says that neither House during a session of Congress shall, without the consent of the other, adj ourn for more than 3 days. I will say that this clause of the Constitution gives me more trouble in regard to the resolution of the Gentfrom Pennsylvania, [Mr. S'rnvsnsfl 1D the point of view suggested by the Gentfrom Massachusetts, [Mr. Dawes, than any other. His resolution concludes with the words, “who are hereby authorized ” to do so and so. That is the language of law. And the 2 Houses cannot certainly got an enlargement of their powers in this regard except by a change in the Constitution or in the law. There is a distinction between an adjournment by the 2 Houses and an adjournment to be regulated and determined by 2 individuals. Can we an more confer this power upon the Presiding flicers of the 2 house. than we could upon any 2 members of the House? Could we move to adjourn until such time as the Gentfrom Indiana and the Gentfrom Massachusetts should call us together? Again, can you do this thing by a concurrent resolution? Can you do it except by a law reqpiring the si nature of the Presient
Mr. ORTH. Vith regard to the word “ad journment, ” the Gentfrom Iowa will rec ollect that the Constitution uses the word “re cess” in speaking of the power of the President to fill vacancies occurring during the recess ofCongress. What does that mean? When we adjourn for 3 days, has the President the power to fill vacancies? Does not the provrsion apply to the entire absence of congress from these Halls?
Mr. KASSON. I answer that the recess is the time between the adjournment of Congress at one session and its regular meeting at the next.
Mr. ORTH. Then I do not understand that the Gentfrom Iowa [Mr. Kassox] takes the position of the Gentfrom Ohio, [Mr. GaurisLn] that when the House adjourns for 3 days, it is a recess, but that beyond that time it is an adjournment.
Mr. GARFIELD. According to the ConsTTtution a recess is the time between the 2 regular sessions of 2. Congress. From when the 1st session of aCongress ends to until the time when, under the constitution, Congress meets again, is knownas the recess. But all other intermissions, whether now until tomor row, or from now‘until the day after tomorrow, are adjournments. IfI should move that the House adjourn from today until Wednesday next, it would be an adjournment, and so, ifI should move to adjourn to meet on the 1st Saturday in December next it would be an adjournment. But if we should authorize
Mr. STEVENS. I think this question has been very thoroughly examined, and I trust we shall not waste further time upon it.
Mr. ORTH. As I hold the floor by the court esy of the {Gentfrom Pennsy vania [Mr. Sravsss] must decline to yield to further interruption. I will remark in conclusion that I believe I have said about all I intended to say in answering the various questions that have been suggested by mem ers. I believe we have the power to adjourn or to take a recess, those terms are used indid'erently in the eaonnd stitution) from now until any time in the future, short of the 1st Monday in December next, when by the law as it now stands we must again assemble, and it is simply proposed to authorize the Presiding Ofhcers of the 2 Houses to terminate that recess by giving notice to members to reassemble on a given day; to authorize them to do precisely what we can do ourselves; to leave to their discretion, instead of naming it in the resolution, to reassemble Congress when in their opinion an extraordinary occasion or emergency requires it. It is like the power given every session of Congress to the Presiding Officers of the 2 Houses to adjourn congress, to take charge of public property, and to do 100other things that are done.
Mr. STEVENS. I have but few words to say, and then I hope we will take a vote upon this preliminary question.
Mr. JOHNSON. Will my colleague [Mr. STEVEXS] 'ield to me for a few moments?
Mr. 81 VENS. For how lon? Mr.] OHN SON, For 2 or ree minutes only.
The SPEAKER. The question is, Will the House entertain this resolution as a question of plrri.vilege D?RIDGE. I demand the yeas and no s.
Mr. CONKLIN'G. The resolution, if re caived, will of course be open to amendment unless the previous question shallbedeinanded.
The SPEAKER. It will. The yens and nnys were ordered. The question being taken, it was decided in the aliirmative ycas 62, nays 51, not voting 69; Sothe resolution was ordered to be received.
Mr. STEVENS. I demand the previous question on the adoption of the resolution.
Mr. BINGHAM. I appeal to the Gentfrom Pennsylvania whether his purpose will not be accomplished by striking out all that relates to the power of the President of the Senate and
The SPEAKER of this House to summon Congress together. It will then read that when Congress adjourn at this session I ask gentlemen to remember the words, for they are the words of the Constitution it shall adjourn to meet at the time fixed h the gentleman in his resolution.
Mr. STEVENS. We do not propose to ud'ourn this session at all.
Mr. ELDRlDGE. I move that the resolution be laid upon the table; and on that motion I demand the yens and iiays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the no. tive yous 53, nays 68, not voting 61;. So the House refused to lay the resolution upon the table. The nestion recurred on 2nding the demand or the previous question on the adoption of the resolution.
Mr. ASHLEY, of Ohio. Will the Gentfrom Pennsylvania allow me to 0 or an amendment?
Mr. ASHLEY, of Ohio. I propose to substitute the following: Resolved.(the Senate concurring.)That when this House sdionrns on Wednesdaynext. July 25.it will take a recessuntil Saturday. December 1.
Mr. BINGHAM. I ask my colleague to strike out the words “take a recess” and in sort instead the word “adjourn.”
Mr. ASHLEY, of Ohio. I have no objection.
Mr. BINGHAM. The reason is that the Constitution itself, by express terms. declares that a session of Congress may adjourn for a longer period than 3 days, with the concurrent consent of the 2 Houses, and the word recess. by very intendment of the Constitution, applies onlyto that space of time which passes between the close of one session of congress and the commencement of another session, or between the termination of one congress and the commencement of another.
Mr. SCHENCK. I would inquire what authority anyone has to say that this House will adjourn. I hope no such resolution will 5. Pal
Mr. ASHLEY, of Ohio. I will modify it by leaving the day blank, so its to read as follows: That when this House adjourn on the day of gulyi. it will adjourn to meet on Saturday. Decem of
Mr. TRIMBLE. I would like to ask the gentleman a question. Ifthe resolution should pass, as modified, would we or not be entitled to mileo e?
Mr. ASHLEY. of Ohio. Each member is entitled to 2 mileages in one Congress under the law and that is all.
Mr. ELDRIDGE. I object to further debate.
The SPEAKER. Does the Gentfrom Pennsylvania yield to allow the amendment to be offered?
Mr. STEVENS. I decline to yield for that purpose. On 2nding the demand for the previous question there were ayes 37, noes 45; no quorum voting. Tellers were ordered; and
The SPEAKER appointed Messrs. Sruvsxs, and Asnnnr of Ohio.
Skip Skip The House divided; and the tellers reported ayes 65, noes 38. So
Mr. LEBLOND. I demand the yeas and no a on agreeing to the resolution. be cas&nays were ordered.
Mr. ENJAMIN. I move that the House adjourn. the motion was disagreed to. The question being taken on agreeing to the resolution, it was decided in the negative yous 48, nays 76, not voting 59; So the resolution was disagreed to.
Mr. FINCK moved to recons1der the vote last taken and also moved to lay the motion to reconsuler upon the table. agreed to. sNROLLsn BXLLS SIGNED.
Mr. TROWBRIDGE. from the ComEnrollBill. reported that the ComEnrollBill had examined and found truly enrolled bills of the following titles; when The SPEAKER signed the same: An act (S.No.246) relating to public schOols in the DistCol; An set (S. No.325) to give certain powers to the levy court of the county of Washington, in the DistCol; An act (S.No.178) to incorporate the Met propolitan Mining and Manufacturing Company; An act (S.No.277) for the reliet of William Cook; and An act (S.No.187) to amend the acts approved August 6, 1861, and July 16, 1862, establishing a Metropolitan police in the DistCol, to increase the elliciency thereof, and for other purposes.
Skip Skip LEAVE OF ABSENCE. The SPEAKER asked and obtained leave of absence for Mr. Hunrnnnr and Mr. WARNER. Mr. BENJAMIN asked and obtained leave of absence for his colleague, Mr. BLOW, for the remainder of the session.
Skip Skip MESSAGE FROM THE SENATE. Amessage from the Senate, by Mr. Former its Secretary, announced that the Senate ha agreed to the report of the committee of conference on the disagrccin votes of the‘two Houses on the bill (H.R.Iio. 477) further to provide for the safety of the lives of passeners on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, and for other purposes. The messagefurther announced that the Senate had insisted upon its amendments disagreed to by the House to the hill (H.R.No. 692) increasing ttie pensions of widows and orphans, and for other purposes, had agreed to the conference asked by the House, and had appointed Messrs. LANE, VANWINKLE, an'd DAVIS as conferoes on the part of the Senate. The message also announced that the senate had insisted upon its amendments disa greed to by the House to the JtResolution (H.R.No. 101) for the relief of certain officers of the Army, had agreed to the conference asked by the House, and had appointed Messrs. RAMSEY, Cownu, and Srnsuvs as conferees on the part of the Senate. The message further announced that the Senate had passed, without amendment. as JtResolution H.R.No. 159) authorizing the ComrPubBldg to employ 3 additional watchmen in the Smithsonian grounds. The message also announced that the Senate had passed a bill (H.R.No. 709) entitled “An act for the relief of Mrs. Eleanor C. Ran som, ” with an amendment, in which the concurrence of the House was requested. The message further announced that the Senate had passed a bill (S.No.441) entitled “An act for the relief of Margarette Ann Laurie;” in which the concurrence of the House was requested. JAMES C. COOK.
Mr. HUBBARD. of Connecticut. I demand the regular order of business.
The SPEAKER. The regular order of business is the consideration of the bill reported on Friday last from the Committee on patents (H.R.No. 760) for the relief of James C. Cook, upon which the Gentfrom connecticut demands the previous question.
Mr. RADI"ORD. move hat the House do now adjourn.
Mr. GARFIELD. I move to amend that motion so as to provide that when the House adjourns it adjourn to meet at 11 o’clock tomorrow.
The SPEAKER. That motion would require unanimous consent.
Skip Skip The question was taken onMr. Rinroan’s motion, and it was agreed to. And thereupon (at 4 o’clock and 30 five minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions, to" werepresentedjinder thBeyrule and referred to the appropriatecommittees: mr. HOLMES: The petition of Henry C'.Bol Ianil. for an American register for the Canadian built schoonr rRoyal Albert. By Mr. I’l jlUIAM: The memorialof clerks in the Patent offico Burcau, asking to he placed on an equal footingin record to pay with other clerks in the Interior Dept. Mr. PLANTS: The petition of A. W. McCor mic, and others.praying Congressto enuctiust and (‘1u1nl lawsuponthesubjcutof interstateinsurances, die. byMr. SCHDNCK: The memorial of L. F. Fix, late licutenant colonel and aid de cauipMissouri State militia. praying for relief.
@@@IN SENATE SENATE. SATURDAY, July 21, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. WILLIAMS, and by unan imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. ANTHONY. I present the petition of Sylvester Mowry, praying for remuneration for losses sustained by him in negotiatin drafts on the Asst. Treasurer of the U.S. at NewYork in 1861, while he was U.S. California boundary commissioner, to protect the honor of the Government; and as t ore is little prospect that this memorial will be acted upon at the present session, I think it but jus tice to state, especially as some misrepresentations have obtained currency with regard to the acts of the memorialist, that on an examination by the proper accounting officers he is found to he a creditor instead of a debtor to the Government, and the balance has been paid to him. I move that the petition lie on the table. The motion was agreed to. REPORTS OF COMMITTEES,
Mr. NESNHTH, from the ComMilAdairs and the Militia, to whom was referred a petition of certain members of the 1st Michigan cavalry, prayin that soldiers of that regiment discharged in tah Territory and not furnished transportation, may be paid their actual traveling expenses home, and a communication from the Governor of Michigan on the same subject, submitted a report accompanied by aJtResolution (S.R.Ki‘lo. 138) for the relief of the 1st regiment Michigan cavalry. The Jtresolution was read and passed to a secou reading, and the report was ordered to be printed.
Mr. HEN DERSON, from the Committee to Audit and Control the Contingent Expenses of the Senate, to whom was referred a bill (S.No.411) fixing the compensation of officers, clerks, messengers, and others in the service of the Senate, reported a bill (S.No.443) fixing the compensation of officers, clerks. mes sengers, and others in the service of the Senate and HoRep, and for other purposes; which was read and passed to a 2nd reading.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print 5,000 extra copies of the report of the SecyNavy on interoceanic railroads and canals, report it with an amendment redu cing the number to 2,000 500. I ask for its present consideration.
Skip Skip There being no objection, the Senate proceeded to consider the resolution. The amendment was agreed to; and the res olution, as amended, was adopted, as follows: Resolved.That 2,500 additional copies of the report of the Secretarypf the Navy on interoccanio railroads and canals, Withthe accompanyingmaps, be printed and bound for the useat the Senate. ALABAMA AND FLORIDA RAILROAD.
Mr. WILLIAMS. I move to proceed to the consideration of Senate JtResolution No.134. The motion was agreed to; and the JtResolution (S.R.No. 134) extending time to the Alabama and Florida Railroad Company for the payment of duties on railroad iron was read the 2nd time and considered as in ComWhole. The object is to authorize the SecyTreasury to extend a credit of 5 years to the Alabama and Flor ida Railroad Company for the duties upon a snflicient quantity of railroad iron and fastenings to re a the track of that railroad from Pensacola, Florida, to the Alabama State line, a distance of 37 miles, the company giving satisfactory security for the payment of the duties within the term of 5 years, with semi annual interest thereon at the rate of 6%. in gold, and the iron and fustenings are to be used for no other purpose until the duties are aid in full.
Mr. WI LIAMS. I move to amend the JtResolution in line 5, after the words “Alabama and Florida Railroad Company, ” by inserting “of Florida.”
The PRESIDENT protemporc. That addition (pill be made, no objection being interose. p The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The JtResolution was ordered to be engroesed for a 3rd reading, was read the 3rd time, and passed. WILLIAM P. WINGATI.
Mr. GUTHRIE. I move to take up a little JtResolution in relation to the settlement of the accounts of William P. Wingate, collector at the port of Bangor, Maine. The motion was agreed to; and the JtResolution (S.R.No. 1%) in relation to the settlement of the accounts of William P. Win gate, collector at the port of Bangor, Maine, was read the 2nd time and considered as in ComWhole. It recites that certain goods (molasses and salt? were imported by fish dz Dale, Josiah Tow e, and Morse d: 00., and held in bond at the customhouse in Bangor, Maine, on the 2d day of May, 1864, and were on that day released and withdrawn upon payment of the duties imposed thereon prior to the enactment of the JtResolution of April 29, 1864, the collector not then having received olhcial notice of such enactment; that the collector is now charged with 50%. additionaltothe amountn readypaid uponthose goods, and claims to hold the importers to pay it to him. It is therefore proposed to direct the SecyTreasuryain the settlement of the accounts of William. Wingate, collector at the port of Bangor, Maine, not to exact from him the payment of the additional duty of 50%. imposed by the JtResolution ofApril 29, 1864, on the merchandise withdrawn for consumtion by the parties named on the 2d day of. ay, 1864, and to order the cancellation of the several bonds given by the importers in those cases.
Mr. GUTHRIE. Upon investigation it is found that the duties were paid after the passage of the resolution of April 29, 1864, increasing them 50 er cent. without exacting the 50%. The SecyTreasury, havmg authority to release, did not release because the collector had a tele'graphic notice that such a resolution had asse; nd the collector not being released imself, e held the parties who had paid the duties liable. The Government subsequently restored the old duties upon these articles, and these parties who had obtained the articles had them on hand when the duties were made the same as they were before, and they got no advantage by the advanced duties and were compelled to sell the goods as they would have been if there had been no 50%. advance upon duties. In all other cases of this description the government has released the parties, and the Fi nance Committee thought it was equitable that the accounts of the collector at Bangor should be settled by the SecyTreasury, with authority to release the persons whom he held responsible for the additional duties. I think it is equitable and just that it should be done. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. POST ROUTE BILL
Mr. RAMSEY. I move that the Senate proceed to the consideration of the amendments to the ost route bill that are now pendingron the to lc. he motion was agreed to; and the Senate resumed the consideration of the bill (H.R.No. 775) to establish certain post roads.
The PRESIDENT protempore. The reading of the bill will be resumed at the point where it was interrupted on the last day when it was before the Senate. The Secretary proceeded with the reading of the bill. The ComPostOffices (proposed to strike out from line 238 to line 251, under the head of “ Minnesota, " as follows: From Milton via Swan Lake. to Blue Earth City. From Sa k Centre, via Westport, Lake Amelia, Reno Cit. aka Tokua. to Fort Wadsworth. From ittlo Falls, via long Prairie, to Alexandria. From Saint Peter. via Lake Prairie, Kclso, and Drliyrdoeinn, StohaNkeowpeAeu.bvuiarn.Maple Glen, New Dublin. New Market, and cedarLake, to Oral. “F6011;Shakopee, viaMarystown, Lydia, andHelena. I‘ll. From Wine na via Home Arcadia" Gilmnntowp, g‘Iolilidovia, Landon's, and Eau Claire, to Chippewa a B. And to insert the following: From ShakopeetoExcelsior. From Montorville. hy Vernon, Walthain, and Mower Cit. to Austin. From Budalo, by Maple Lake, to Fair Haven.
Skip Skip The amendment was agreed to. The next amendment was to strike out lines 256, 257, and 258, as fol owe From Milton, via Swan Lake, toBlue Earth. From Blue Earth City, via Fair mount, Jackson, and Sioux Falls, to Yunkton, in Dakota Territory.
Skip Skip The amendment was agreed to. The next amendment was to strike out lines 260 to' 267, as follows: HFrom Watertewn, via Winstead and Bergen, to encoe. From Hastings, via New Friar and Cannon Falls. to Kenyon. From Hutchmean.no Cedar, Greenleat'.Kandigohi, and Irvin, to Torah. From enderson. via Arlington, New Auburn, Witadew Lake and Fort Wadsworth, in Dakota Tet ritory, to Fort Rice, on Missouri river.
Skip Skip The amendment was agreed to. The next amendment was after line 386, under the head “ California, " to strike out “from Los Angeles, via Elizabeth Lake and Oak Creek, to Havilan.”
Skip Skip The amendment was agreed to. The next amendment proposed by the committee was after line 427, under the head of “Kansas, ” to strike Out: From Medina, via Oskaloosa. Winchester and Boston. to Lcavcnwort. FIii om Lawrence, viii. Oskaloosa. to Grasshopper a s.
Skip Skip The amendment was agreed to. The next amendment was after line 435 to insert “from Wathena, via Columbus, to Iowa City Point."
Skip Skip The amendment was agreed to. The next amendment was to strike out from lines 437 to 442, under the head “ Nevada 2” From Carson City. via OpMr. Wnshoc City, and SteamboatSprin s. to Huffaker‘sRancho. From irginia (11'., via Unionvillc.Star City, glen. Dun and Paradise alloy, to Boise City. From Austin to Cortez. From Austin to Ioue.
Mr. RAMSEY. The reason why they are stricken out is that they have been heretofore enacted, some of these routes, 2 or 3 times. That is the reason we strike them out of this bill.
Skip Skip The amendment was agreed to. The next amendment of the committee was to strike out from line 444 to 449: From Aurora. viii Columbus.to Silver Penk. RiFvreorm, Austin. via Kingston. Ophir Canon. Twin and SanAntonio. to Silver Peak. FromWellington Station, via Esmeralda, Mamoth and Icnc, to Austin.
Mr. STEWART. Have all these routes been enacted before?
Mr. RAMSEY. All stricken out by the committee have heretofore been made mail routes by previous legislation.
Skip Skip The amendment was agreed to. The next amendment of the committee was to strike out lines 454 a“nd 455, under the head Nebraska Territory:” From Plattsmonth to Beatrice. From Dakota to Columbus.
Skip Skip The amendment was agreed to. I should like to know why The next amendment was under the heading of “Nebraska, ” after line 457, to insert the following: From StJohns. Iowa, viii.De Sotoand Fontnnolle Nebraska. to Buchanan, Nebraska. From Brownsville to Table Rock, Nebraska. From Browiisvillcto Grant, Nebraska. From Trciiiont.vinJiilnpa, St.Charles Greenwood, iIWestPoint, and Rock Creek, to South Fork of Elk cm.
Skip Skip The amendment was agreed to. The committee also reported to insert after line 373, under the heading oflowa, the words “from Denison to Ida.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate asamended and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill read a 3rd time. The bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnnRsox, its Clerk, announced that the House had passed the bill (S.No.269) to define the number and regulate the appointment of officers in the Navy, and for other purposes, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had agreed to the girlilendments of the Senate to the following i s: A bill (H.R.No. 230) to amend an act to extend the charter of the Alexandria and Washington railroad, passed March 8, 1868; A bill (H.R.No. 379) to establish in the DistCol a Reform School for boys; A bill (H.R.No. 664) to annul the 30 4th section of the declaration of rights of the State of Maryland so far as it applies to the DistCol; and A bill (H.R.No. 709) for the reliefof Mrs. Eleanor C. Ransom. The message also announced that the HoRep had agreed to the amendments of the Senate to the amendments of the House to the bill (S.No.236) to authorize and establish certain post roads. The message further announced that the HoRep had passed a bill H.R.No. 760) for the relief of James C. 00k, in which it requested the concurrence of the Senate. The message also announced that the HoRep had passed the following resolution, in which it requested the concurrence of the Senate: Resolved by the HoRep, (the Senate concurring.) That the Presulent of the Senate and The SPEAKER of the HoRep, on 0day of, at 12 o‘clock meridian. adjourn their respectivellouses until Tuesday, the 2d day of October and that on that day, unless it be then otherwiseorderedby the 2 Houses, they further adjourn thcir respective llouses until Saturday, the lst day of December.1866. RECOGNITION OP TENNESSEE.
Mr. HENDERSON. I move to proceed to the consideration of Senate bill NO. 395. It is the unfinished business. It is a bill relating to the aqueduct bridge of the Alexandria Canal Company over the Potomac river at George town, iu the DistCol.
Mr. TRUMBULL. I desire to make a report. The morning business i; not through, I believe.
Mr. HENDERSON. Let the bill be taken up and then you can make your report.
Mr. TRUMBULL. I object to taking n the bill. If it is the order of business it will come u at one o’clock. The RESIDENT protempore. The motion is before the Senate.
Mr. TRUMBULL. I will state that I desire to make a report from the ComJudiciary in reference to Tennessee, and if we cannot get the floor to make reports on important matters of this kind, we certainly can do no business.
The PRESIDENT protempore. Reports were called through, and petitions. '
Mr. TRUMBULL. I could not get the floor to present the report after I came into the senate. If the Senator persists in his motion, I can only leave it to the Senate.
Mr. HENDERSON. The Senfrom Illinois so seldom gets the floor that I will with draw the motion.]ELan hter.]
Mr. TRUMBULL. he ComJudiciary, to whom was referred House joint lresolntion No. 83, declaring Tennessee again entitled to Sens&Reps in congress, have instructed me to report it back ith an amendment; and if it meets the views of the Senate, as this is a matter that ought to be acted upon, I move that the Senate proceed to its consideration at the present time.
The PRESIDENT protem are. It requires unanimous consent to consider the resolution at this time. Is it objected to ‘?
Mr. MCDOUGALL. I ask that the resolution be read for information.
The PRESIDENT protempore.lution will be read.
Mr. TRUMBULL. It is printed and on Senators’ tables. I have reported in back with an amendment.
Mr. MCDOUGALL. I should like to hear the amendment read.
The PRESIDENT protempore. Is there objection to the consideration of the resolution? No objection being made the resolution is before the Senate, as in ComWhole The resolution, and will be read.
Mr. TRUMBULL. I regret, sir, that the Senfrom Ohio cannot agree to the substitute which the ComJudiciary instructed me to report, and that he places his objection to it upon the ground that the Executive will veto it. He says that Congress has twice asserted all that is asserted in the resolution as the committee proposeto make it read; and havin asserted it efore, he is now for giving up h shown 0 inion and that of Congress, an yielding to at of the Execu tiv e.
Mr. SHERMAN. I did not say that, and the Senator ought at least to be fair in stating my propositionS.
R.RUMBULL. The Senator did state distinctly as an objection to the amendment that we had asserted it twice, and that the President would veto it. '
Mr. TRUMBULL. I want to know if that does not amount to an objection to our maintaining the position we have taken, and a surrender of our position because the Executive is o posed to it. i
Mr. BROWN. I desire to ask the Senator at this point whether the preamble which he has introduced here from the ComJudiciary does not in so many words assert that the constitution of the State of Tennessee as it now stands is not only republican in form but conforms to the laws and the Constitution of the U.S., notwithstanding the fact that it disfranchises the whole colored population. Is not that the allegation of the preamble?
Mr. TRUMBULL. There is nothing in the preamble about disfranchising the whole colored population.
Mr. BROWN. But thre is an allegation that the constitution of the State, as it now stands, is “republican in form."
Mr. BROWN. I do not believe in that doctrine, and I cannot vote for that preamble.
Mr. TRUMBULL. I am sorry that the Senfrom Missouri has placed himself in a position by which he declares that his own State constitution is not a republican one.
Mr. TRUMBULL. Then he is not here from a republican State at alll
Mr. TRUMBULL. I do not know what business he has here if he is not representing one of the States of this Union having a RFG.
Mr. SHERMAN. The last few remarks made by the Senfrom Illinois convince me that he on ht to take the same view of this matter that I 0. He says that the President will not veto this resolution
Mr. TRUMBULL. I do not say he will not veto it; I say I see no reason why he should.
Mr. McDOUGALL. Allow me to ask a question.
Mr. SHERMAN. Oh, no; I cannot yield. hir MedOUGALL. It is about that very thin. M5 SHERMAN. I would rather not yield. The preamble goes onand has shown to the satisfaction of Congress.by a proper spirit of obediencein the bod of her people or return to her due allegianceto the Government, laws and authority of the U.S.
Mr. SUMNER. I think that is contrary to the fact, contrary to the evidence.
Mr. SHERMAN. I know my friendfrom Massachusetts and my friendfrom Missouri do not think that Tennessee will be in har mony with her relations to the General government until she allows negroes to vote. We come, then, to that bare and simple prop position, that we must require these States to allow colored persons to vote. Are we prered to make that issue?
The PRESIDENT protem ore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of esterdu.
Mr. TRHIMBULL. I hope we shall be permitted to go on with this matter; it is an important question and it ought to be settled at an early day. I move, therefore, to postpone all other business and to proceed with the JtResolution under consideration.
Mr. FESSENDEN. Allow me a word. The Senate will undoubtedly do as they please, but I feel bound to object to that motion. I have got the honorable Senfrom Massachusetts FMr. WILSON] directlyon my back, and there ore I cannot consent to anything that will displace the business which has precedence. If the Senate chooses to change it I cannot help it; but I must insist that we proceed with the up reprintion bill.
Mr. BUCKALEW. I was going to observe that before this subject was passed by I supposed, of course, the miscellaneous appro riation bill would be taken up, as itwas in or erI propose, with the consent of the Senate, to submit a motion that the amendmentbe printed. It involves not only a very material change in the preamble, it is u.long preamble that is now proposed, but it also proposes a change in the resolution itself; and certainly this is a subject of sufficient gravity to authorize and require that the proposition upon which the Senate is to be divided shall be printed. If the senator’s motion is disposed of I ask the consent of the Senate to submit a motion for the printing of the amendment of the Judiciary Coli mittec.
Mr. TRHMBULL. I would say to the Senfrom Pennsylvania that if the matter goes over the amendment will be printed as a matter of course; it will not require any motion; being the report of a committee it will be printed at any rate, But I trust it will not go over; it is a matter well understood; there are but 3 or 4 lines in the resolution and they are printed; they are taken from a printed resolution that was laid upon the table some time ago. Every one can have the printed resolution before him in a moment by sending for that; and striking out a few of the words would correctil to the present resolution.
Mr. BUCKALEW. I desire to make a suggestion to the Senator, and it is this: the Sea ator is desirous of declaring by act of Congress that the State of Tennessee is entitled to representation in the Senate and the HoRep.
Mr. TRUMBULL. No sir; I do not wish to declare any such thing by not of Congress.
Mr. BUCKALEW. The Senator wishes to declare a proosition which covers that.
Mr. TRUMBULL. Yes; I wish to declare that she is entitled to the rights of a State.
Mr. BUCKALEW. Then I submit to the Senator that the sensible and the better mode of accomplishingr this object is to say preciscl that and let all disputed matter go by the boar. If he will proposean amendment simply declaring what 0 says is the intention of his measure, without carrying us over the field of debatable matter, historical questions, I presume we can ‘dispose of the whole subject within ten minutes.
Mr. TRUMBULL. The appropriation bill, of which the Senfrom Maine has charge, is a bill that is always postponed until the last days of the session; it will certainly pass; it is one of those things that alivn s receive attention. Now, this is a matter which has engaged the attention of Congress a great deal of its time since we met in December last; it is a matter that on ht to receive curly disposition, and I think we ad better, now that the matter is up, proceed with it and finish it. I am quite aware, I Gill say in reply to the Senfrom Pennsylvania, that all the time he has been quite willing for each House to take up and act on the credentials of persons claiming to be representatives here from Teu nessee and other States; but Congress has not been of that opinion, and I think it necessary, before we take action in reference to represen tation, to find out whether there is a ody in Tennessee entitled to representation at all, or entitled to exercise the rights of a State; and I wish to declare in the resolution the whole ground, that there is a government organized there entitled to all the rights pertaining to any of the State governments in the Union. Of course that would embrace representation; butI prefer saying nothing about representation as one of them. I hope that my motion will prevail, and that we may be permitted to proceed with and finish the matter.
Mr. FESSENDEN. If that motion is agreed to, it will displace the appropriation bill.
The PRESIDENT protempora. The unlinished business of yesterday is not the appropriation bill but the bill of the Senfrom issouri [ Mr. Haynesson] in relation to the Georgetown aqueduct.
Mr. FESSENDEN. Then a.very improper advantage was taken of the evening session.
Mr. HENDERSON. No; it was District I do not know how that of Columbia business; it was legitimately up.
Mr. FESSENDEN. But that was only for the evening session.
Mr. MORRILL. My colleague will see that there was no disposition to take any unfair advantage, for the District Committee were entirely unconscious that the effect of the rule would be to bring up the aqueduct bill this morning.
Mr. FESSENDEN. Then I presume they will not object to the appropriation bill being restored to its former position.
Mr. MORRILL. I 'we have got any legitimate advantage of the rule I shall be very glad to hold it if I can.
Mr. FESSENDEN. It is so much more important to organize some temperance society or something of that kind in the DistCol than to pass a necessary appropriation bill thatI suppose I shall have to give way.
Mr. CONNESS. I hope the Senfrom Maine will consent to go on with the present business and let us finish it.
Mr. FESSENDEN. I am at the disposition of the Senate.
Mr. CONNESS. And I trust we shall come to a vote upon it without much delay. I do not see the importance of printing, as called for by the Senfrom Pennsylvania, because there is nothing in the reposition that cannot be easily understood, that is not fully under stood. I do not wish to get into a discussion but to leave this resolution in the charge of the committee that have reported it here, and I hope the Senate will come to a vote on the question. We have all got business, and there is much public business to be done, and if we vote I have no doubt we shall adopt this resolution.
The PRESIDENT protempore. The question is on the motion of the Senfrom Illinois to postpone the present and all prior orders in order to continue the consideration of House JtResolution No. 83.
Mr. TRUMBULL. I ask for the yeas&nays on that motion. The yeus&nays were ordered.
Mr. SUMNER. It seems to me that the suggestion of the Senfrom Peunsylvania is not unreasonable, when we consider the gravity of this question. He proposes that the resolution on which we are to vote shall be printed that we may have an opportunity to see it with our eyes as well as to ear it with our ears. as it has been read at the desk. I say I think that is not an unreasonable request. I should like also to be able to read it; and it is for that purpose, to give an opportunity of printing it, and also because I think that the Business which is in hand and is half finished, an appropriation bill, had better he proceeded with, that I shall vote against the motion to go on with the resolution.
Mr. MCDOUGALL. Mr. President, I do not think it is the right of the Senator having in charge this measure, or his committee, to force action upon the Senate without their having an opportunity to see what the exact measure is. It)5 true it has been read at the desk; but it has not been printed and laid upon our tables. I have not had an opportunity to examine into what exact] it is. No other Senator has except such ot the committee as have been consulted about it. It seems to me to be the right of any Senator, his particular personal rig it, to have every measure of legislation if he requires it put in form that he can examine it at his desk and understand what it is. Here is a matter of vast importance, involving great principles, involving fundamental questions; and it is insisted upon that we shall vote upon it blind without the opportunity of seeing what it is. If this be legislation in accordance with the republican system, the republics of this period have got very near like the despotisms of the days of Caligula.
Mr. POMEROY. This question we were proceeding with by unanimous consent. I should suppose if anyone had any great objection to proceeding, he would have made the objection when the resolution came up. The Chair put the question very plainly whether anyone objected; there was no objection, and we proceeded to the consideration of the subject. I conclude that persons who desire to postpone and have the resolution printed would have made the objection at an earlier stage of the proceedings. The guestion being taken by yeas andnays, resulte yeas 36, nays 8; So the motion was agreed to.
The PRESIDENT protempore. The resolution is before the Senate as in ComWhole, and the question is on the amendment reported by the ComJudiciary to the body of the resolution.
Mr. TRUMBULL. Perhaps I can best an swer the Senfrom Missouri, if he wishes an answer on this point, by readinga clause of the constitution.
Mr. HENDERSON. I will give way for that purpose, for reallyI have not seen the constitution.
Mr. TRUMBULL. Section 5 of the new constitution of Tennessee, as adopted, is in these words: "All laws, ordinances and resolutions, as well as all actsdoiioin pursuancethereof, underthe authority of the usurped State government, under the declared independenceof the State of Tennessee, on and after the 6th day of Ma. 1861. were unconstitutional, null, and void from t a beginning: Provided, That this section shall not beconstrued as to atfect any judicial decisionsmadeby the Statecourtsheld at times differing from those provided by law prior to May 6, 1861;saidjudicial decisionsbeingmadepur suant to the laws of the State of Tennesseeenacted previous to said date, and betweenparties present in court and litigating their rights."
Mr. HENDERSON. I suppose that that even would leave any right growing up under secession laws and ordinances still attaching to the individual.
Mr. TRUMBULL. This does not. change it; it is a mere recital.
Mr. WILSON. by not strike out the whole preamble?
The PRESIDENT protemporc. The question 1st is on an amendment to the resolution. The amendment of the preamble is a subsequent question.
Mr. CONNESS. I will say to the Senator that if that should be doite it would be made a precedent on the next occasion, and it would be said, “In regard toTenuessee no statement of reasons was required or made.” TherefOre, I think, it had better be done now.
Mr. FESSENDEN. I say we had better do one or the other. Either state the things which are sufficient to distinguish the State of Tennessee from the other States as the ground of your action, or give no reasons at all. That was the idea I meant to convey. Iam not sat isfied that either of them would be had. I do not think it necessary to state or give any reasons which should necessarily create embarrass ment. There are and reasons enough that an b6 given whicfidistinguish the State of t unessee from all others, and about which lure can be no sort of dispute, and that do lOl.involve us in any dispute, either at this end of the Capitol or the other, if Senators are disposed to adopt that course. Nor do I see, with the Senator, that there is an very great difficulty in passing it without, ifSenntors prefer to pass it witheutany pream ble, because when referred to himself and my .elf. if it is proposed to admit another State, and it is said to him or to me, “ You admitted the State of Tennessee, " we can oint to the facts and say, “I voted to admit the State of Tennessee, and I did it on account of certain facts existing with regard to the State of Tennessee that do not exist with regard to you, ” and every man then stands upon his own reasons in relation to the matter. I take it that about every body now is in favor of admitting Tennessee, and I do not think it worth while to quarrel so, much about the details in relation to the matter. if there is such a difference of opinion among gentlemen as to defeat the objects which everybody except my honorable friendfrom Missouri [Mr. BROWN] and, perhaps, my honornble friendfrom Massachusetts
Mr. FESSENDEN. Who are opposed toit, unless something more can be accomplished. I do not myself agree withthem in the position that they take about it, especially as the comtnittee on reconstruction agreed to recommend, and I assentedto it, the admission of Tennessee at a previous period of the session. It was not called up and acted upon in the House for reasons I suppose satisfactory to them. All I desire to say is, that I think itmay be done properly without any serious evil in either way; either to state the reasons, leaving out so much as would necessarily be supposed to create embarrassment and ditIiculty, because the other reasons are sufficient, or to strike out the whole preamble, because I think the preamble of the Muse is very weak indeed, and only tends to do harm, and simply admit the State without any preamble at all. The language of the res olution is very distinct and clear, and I agree with the Senfrom Iowa that it asserts sufficiently the power of Congress over the subJect.
The PRESIDENT protempore. Is the senate ready for the question 6n the proposed amendment to the resolution?
The PRESIDENT protemporc. The amendment is to strike out all of the resolution of the House after the enacting clause and in lieu thereof to insert the followrng: That the U.S. do hereby recognizethe governmentof the state of Tennessee.organizedas aforesaidmsthe legitimategovernmentof said State. entitled to all the rightsof a Stategovernmentunder the Constitution of the U.S.
Mr. HOWE. I understand the question is on the adoption' of the language just read, and without regard to the preamble which precedes it.
The PRESIDENT proiemporc. Entirely. The preamble will be adjusted afterward, or stricken out, at the will of the Senate.
Mr. HOWE. I want to ask if there may not possibly arise this difficulty: the resolution speaks of the “ government organized as aforesaid.” The word “aforesaid” refers to what is said in the ircamble, does it not?
Mr. HOWE. If, then, the resolution should be adopted and the reamble should be rejected, the resolution won (1 be it little uncertain.
Mr. JOHNSON. We shall have to strike out the word “aforesaid” in that contingency.
Mr. HOWE. If I remember aright, that w0uld not make it explicit. The difficulty is that the resolution is framed upon the idea that it and the preamble are one and the same thin. I do not know how we shall get out of the difficulty, but the difficulty strikes me cat!just there.
Mr. GUTHRIE. Strike out “aforesaid” and say “as it is, ” and it will be all right.
Mr. HENDRICKS. Will not that all be obviated if a majority be in favor of striking gut the preamble, by taking the vote upon that rat?
Mr. JOHNSON. We can take the question on teie resolution 1st and change that after war.
Mr. HENDRICKS. Will the resolution it self be subject to amendment after we substitute the proposition of the Senfrom Illinois for that of the House resolution?
The PRESIDENT protempore. Certainly it will be subject to amendment.
Mr. HENDRICKS. Then the present question is simply on substituting the resolution reported by the ComJudiciary for the resolution of the House?
Mr. HENDRICKS. Audit does not touch the reamble at all? h
Mr. GRIMES. I colffor the yeas and nuys on the amendment. The yeas&nays were ordered.
Mr. JOHNSON. I only want to say a word on this question. I prefer the language of the resolution recommended by the judicinry committee, and if it was an original proosition I should vote for it in reference to tie resolution as it came from tchouse; butit appears to me that the resolution from the House, if adopted. leads to precisely the same result. The resolution recommended by the ComJudiciary merely states that the State of Tennessee is entitled to all the rights secured'by the Constitution to the States of the Union. The resolution of the House says that she is entitled to be represented by Sens&Reps in Congress, and that cannot be no less she is also entitled to all the other rights which the Constitution gives; and as Ifeel very anxious to have the State admitted, I shall vote against the proposed amendment and in favor of the resolution as it came from the House.
Mr. LANE.‘ Mr. President, I shall detain the Senate but a very few moments on this Subject. If I understand the distinguished Senfrom Pennsylvania, his 1st objection is that the resolution as it now stands and that we are voting upon is simply a recognition of the present government, which he says was organized under “the most eminent blackguard of the age.” The government of Tennessee was organized in what way ‘2 Under the proclamation of President Lincoln.
Mr. BUCKALEW. I beg leave to correct the Senator. I expressly spoke of it as it stands organized at this date. I had no reference to its origin or 1st establishment during the War.
Mr. HENDRICKS. I have with some hesitation decided to vote for the amendment proposed by the ComJudiciary, because I think it nearer right. The resolution of the House assumes that the State of Ten, nessee is out of.the Union, because it proposes to restore her to her “ former proper, practicaf. relations to the Union.” The resolution proposed by the Senfrom Illinois, from the ComJudiciary, simply recognizes the State of Tennessee as in the nion. I think that the State of Tennessee, in the eye of the law, has never been out of the Union; and I prefer to vote for the resolution that recognizes her as in the Union, rather than for a resolution that proposes to restore her to the Union; and it is upon that ground that I vote for the amendment.
Mr. EDMUNDS. I more. to amend the amendment by inserting in line 3, after the word “ the" and before the WON “ government, ” the word “present, ” and in line 4, by striking out the words “ organized as afore said;” so that the resolution will read: That the U.S. do hereb recognisethe presentgovernmentof the State of ennesscoastho egitimato governmentof said State.entitled to all the rights of a Stategovernmentunder the constitution of the U.S.
Mr. TRUMBULL. I do not know that there is any objection to that.
Mr. DOOIJTTLE. The amendment of the Senfrom Vermont, as I understand it, is simply by way of perfecting the form of the resolution aspro matedby the ComJudiciary, and I hope that the sense of the Senate will be taken on that before the question comes up on substituting the one resolution 'for the other.
Mr. THUMBULL. I canno'i accept it; but I have no objection to it. It do as not alter the amendment of the committee. been ordered.
Mr. DOOLITTLE. It does not alter the fact. It simply provides that the resolution 3 shall stand by itselfif we fail to adopt the preamble. The resolution will then be a perfect resolution.
Mr. EDMUNDS. That is the object of offer in the amendment.
The PRESIDENT protem ore. The question is on the amendment to teamendment. The amendment to The amendment was agreed to.
The PRESIDENT protempore. The question now is on the amendment as amended, and on that question the ycas&nays have
Mr. DOOLITTLE. I will ask that the 2 propositions be read, 1st the one and then the other of the resolutions, just as they stand.
The PRESIDENT otem ore. The amendment, as amended, Wlll 1st e read, and then the resolution of the House.
The Secretary read the amendment, as amended, as follows: Strike out alter the resolving clausc and insert: That the U.S. do oreb recognize the present government of the State of Tennessee as the Olflllmlllo governmentof said State and entitled to Ia the rights of a State government under the constitution of the U.S.
Several Senators. Now, let the resolution of the House be read.
The Secretary read it, as follows: That the State of Tennessee's herebyrestoredto her former proper. practical relations to the Union and is again entitled to berepresented by Senators and Begrosentatives in Congrem duly e ccted and qualific. upontheir taking theoatlisofoflicorequired by enisting laws. The Secretary proceeded to call the roll.
Mr. CLARK (when Mr. Cnicix’s name was called) said: I desire to say that my colleague is sick and confined to his room; otherwise he would vote on this occasion.
Skip Skip The result was announced yeas 24, nays 19; 5., So The amendment was agreed to.
Mr. HENDERSON. I now move to strike out the preamble from the resolution, if it is in order.
Mr. BROWN. The preamble has not yet been adopted.
The PRESIDENT protemporc. The question now is on the amendment reported by the ComJudiciary to amend the preamble, which is 1st in order. Mr.HENDRICKS. Whatis the amendment proposed?
The PRESIDENT protempera. read at the desk.
The SECRETARY. It is proposed to strike out the reamble of the House resolution, in these wor s: Whereas the State of Tennesseehas in good faith ratified the article of amendmentto the Constitution of the U.S. proposedby the 39th Congressto theLegislaturesof the several States, and has also shownto the satisfaction of Congress, by a proper spirit of obediencein the body of her people, her return to lier duc allegiance to the Government, laws, and authority of the U.S.: Therefore. And to insert in lieu thereof the following: It will be Whereas in tho'yoar 1831 the governmentof the State of Tennessee was seized upon and taken possession of by icrsonsin hostility to lboU.S and the inlia iitants ofsaid State.in pursuance of an act of Congress.weredeclaredto bein a state of insurrection against the U.S.; and whereas said State governmentean only be restored to its former political relationsin the Union by the consent of the lawmaking power of the U.S and whereasthe peopleof said State did on the 22d day of February. Wt").by a.large popular vote.adopt and ratify a constitution of governmentrepublican inform and not inconsistent with the Constitution and lawsof the U.S., whereby slavery was abolishedand all ordinances and laws of secession and debts ctzitracted underthe someweredeclared void: and whereasa State govcniment has beenor ganizedundersaid constitutionwhich has ratified the amendmentto the Constitution of the U.S. abolishing slavery, also the amendmentpro curedby the 39th Congress;and whereas the body of the people have by a proor spirit of obedience shown to the satisfaction of (ingress the return of said State to due allegiance to the Government.laws, and authority of the U.S.: Therefore.
Mr. HOWE. IWish to put this question: suppose a majority of the Senate vote “no, ” they will thereby refuse to adopt this pream ble, but what will become of the preamble sent to us from the House?
Mr. CLARK. You can strike that out after war.
Mr. HOWE. Will that be adopted, or will the question then recur on adopting that preamble 'I
The PRESIDENT protempore. The question will be on ado ting that preamble.
Mr. KIRKWOOD. “And has also shown to the satisfaction of Congress, by a proper spirit of obedience in the body of her people, her return to her due allegiance to the govern, ment, laws, and authority of the U.S."
Mr. HOWE. Will the Senator allow me to make a suggestion? MLTRUMBULL. Certainly.
Mr. HOWE. I would agree with him, and I would agree with the late Senfrom Ver mont, that the facts recited there were very good reasons why we should not have passed such a resolution as this in 1861, 1862, or 1853; but I do not see how they constitute agood reason why we should pass the resolution now. There are entirely different facts which induce me to vote for it now.
Mr. TRUMBULL. Well, sir, I think if the position is a good one, that they can only be restored to their practical relations by the lawmaking power, if that was a tenable position assumedjby the Senfrom Vermont, it is just as good today as it was in 1861. [can not see why a principle which in 1861 forbade any representation from any State except by virtue of an act of Congress is not a goo principle in 1866. That is the principle laid down y the Senfrom Vermont. trust, therefore, that this preamble will be substituted for the House preamble for the reasons which I have stated.
Mr. GRIMES. Will the Senator permit me to say a word ‘I
Mr. GltIMES. I ha peued to be chairman of the sub committee that took the testimony in the case ofTeunessee; and it is due to that committee and due to the people of Tennessee to sa'ythat while that memorial from which the Senator has read was sent to the committee without the sanction of an oath, and at my instance was caused to be published in that report, yet the current of the whole testimony which is in the book before the Senator goes to show that there was a growing spirit of loy alty: that there was a large proportion, some 60,000 voters of the State of Tennessee. who were loyal: and that the military and civil officers with one accord expressed the opinion that it would advance the interest of the loyal men of Tennessee to allow that State to he represented. The statement which the Senator reads comes from gentlemen who were unknown to the committee a incro memorial without the sanction of an oath.
Mr. SUMNER. Let me show to the Senator that he entirely misapprcliends what I was about to say. I adduce this memorial in order to show that there is not a proper spirit of obedience in the body of her people. do not now enter into the argument whether that spirit would be increased by the admission of her members on this floor or not. I know very well the testimony of the generals on that subject. While they recognize the bad condition of things in Tennessee to such an extent that they all testify that it was unsafe to release it from military power, they did undertake to say “pat by the admission of her representatives. on this floor a spirit of order and peace would be promoted there. I make no question a" to their testimony. I am simply speaking of the actual condition of things in Tennessee as appears by the testimony offered to this committee.
Mr. GRIMES. That was the testimony not only of the generals, but it was the testimony of every civilian, I believe, who was examined before the committee.
Mr. SUMNER. Very well; admit that it was the testimony of generals and civilians. That does not go to the question whether we in the preamble to our resolution should aver that there is proper spirit of obedience in the body of her people. There is no general that says (here is a proper spirit of obedience in the body of her people. I challenge the Senfrom Iowa to point to the testimony here that shows there is a proper spirit of obedience in the body of her people. Generals testify that in their opinion it would be better to admit representsiives from Tennessee on this floor and the flOUf of the other House. That is another question. I have not come to that l quesuon yet. The Senator springs from hisl seat and interposes that question. Logically, it is not before me at. this moment. I am merely speaking of the erroneous character of this preamble which avers a proper spirit of obedience in the body of the people of Tennessee; and I was going to say in support of that I adduce this testimony. Now, I nn derstand that the Senfrom Illinois is willing to alter his preamble in that particular. I believe I am right, am I not?
Mr. TRUMBULL. Yes, sir; I am willing those words should go out.
Mr. TRUMBULL. As I indicated, I will move to strike out of the preamble the words “and whereas the body of the people of Tennessee have by a proper spirit of obedience shown to the satislgction 0 Congress the return of said State to due allegiance to the government, laws, and authority of the U.S., ” and in lieu thereof to insert “and has done other acts proclaiming and denoting loyalty.” This will make it more satisfactory to some Senators. The amendment to The amendment was agreed to.
Mr. SUMNER. I now move that the words to which I referred a moment ago, coming after the word “constitution, ” namely, “republican in form and not inconsistent with the Constitution and laws of the U.S., ” he struck out. I want to vote for the proposition of the Senfrom Illinois if I can.
Mr. WILSON. I hope those words will be stricken out.
Mr. WADE. I want to hear how it will read with those words stricken out. The SECRETARY. That clause of the preamble if amended will read: And whereas the people of said State on the22dday of Februar.1865.by a large popular vote adopted and ratified a constitution of government whereby slavery was abolished and all ordinances of secession and debts contracted under the same were declared void.
Mr. SHERMAN. I would ask my friendfrom Pennsylvaniaifthe Democrats everyielded to his demands and gave 11 the preambles.
Mr. COWAN. I do notine w that they did butif they did not, I would advise my friendfrom Ohio not to imitate a bad example, but. rather to yield now, and I trust he and his friends will do so.
Mr. YATES. I hope the amendment of the Senfrom Massachusetts will be ado ted if for no other reason, for the sake of prmcip e. Some gentlemen on this floor believe that no constitution is republican in form which excludes from sufirage all of a particular class of individuals.
Mr. YATES. Negroes. Others believe that it is republican in form. As these words are not necessary to the preamble at all, and give it no more force whatever, I think they should be stricken out without affecting the proposition, and I sincerely hope that the amendment will prevail.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The question is on the amendment proosed by the Senfrom Massachusetts [Mr. SUMNER] to the amendment of the ComJudiciary. The amendment to The amendment was agreed to. PENSIONS of Wine ws AND OltPllANS.
Mr. VANWINKLE. I ask leave at this time to present a report from a committee of conference
The PRESIDING OFFICER. The report can he received if there be no objection; the Chair hears none.
Mr. HOWARD. I wish to call the attention of the honorable Senfrom Pennsyl vania if he will allow me to do so, to the fact that there is no statute authorizing the Presi l dent to issue a proclamation announcing thatf the insurrection has ceased in any of the States; Congress might have inserted such a clause; undoubtedly if it had seen fit; but there is an, absence of any such statutory provision as would give to the President authority to declare the insurrection at.an end, or in other words to declare that peace was restored. Congress undoubtedly proceeded upon this principle, that it is the warnnaking and war conducting power, and that alone, which can recognize or re'establish the state of peace after a state of war has intervened. So that in this case it was not necessar in any point of view to recite the fact that the President had issued his socalled pence proclamation; and I have ever regarded thatproclamation so far as itassomes to declare that peace with all its concomitants has been restored, as utterly destitute of any statutory provision to stand upon or any rule of the laws of war.
Mr. BUCKALEW. Mr. President, I take it for granted, for the very brief purpose in view, it is competent for me to assume that the proclamation of the President issued upon the 2d of April is a valid document, issuetFhy virtue of due authority conferred upon him by the laws of the U.S. I0not propose now to go into the argument of that question, as I appear to be invited to do by the observations of the Senfrom Michigan. I am very confident that upon examining the statutes passed upon this subject this authority will be found to be contained in them. The original authority to the President itself I believe was subject to this condition, that they should be declared to be in insurrection so long as the insurrection should continue. The imlication upon that language would be clear an manifest, and would point in the direction which I mentioned before. I say I rose to call attention to this very important omission in the statements of the preamble, by which alone, as I understand, the conclusion of the‘cominittee is logically reached or can be inferred that an act of congress is necessary to restore this State to its constitutional relations to this Government.
Mr. MORRILL. Mr. President, as thisis a question between the 2 preambles, I have no hesitation in saying that the amplest and fullest is the one which commends itself to my judg ment, and the one which upon ordinary prin be adopted. If it were a question between no preamble and a preamble, there is good reason to doubt which would be proper.
Mr. BUCIiALEW. I beg leave to say that the Senator is imputing to me remarks which were made by other gentlemen.
The PRESIDING OFFICER. The question is upon agreeing to the amendment as amended.
Mr. GRIMES called for the yeas&nays; and they were ordered.
Mr. HENDRICKS. I understand that this question is on substituting the amendment of e Senfrom Illinois for the House preamble. '
Mr. TRUMBULL. Yes, sir; that is the question. The question being taken by yeas&nays, resulte yeas 16, nays 22; 10. So the amendment, as amended, was rejected.
Mr. GRIMES. I hope that the JtResolution Will be reported to the Senate, and that we shall take the vote on concurring in the amendment made to the resolution itself, and upon that question I shall ask for a separate vote.
The PRESIDING OFFICER. The resolution is still before the Senate, as in ComWhole, and 0 on to amendment.
Mr. SUMNER. offer this amendment to come in at the end of the resolution:, approvided That mtchnista shall not take offoctoxce t condition that within the ate there hall beno denial of the electoral frauchise or of another rights. on account of color or race. but ul persons shall be equal before the law and the Legislature of the State.by a solemn public act shall declare the assent of the State to this fundamental condition, and shall transmit to the POTUSan authentic copyof such assent whenever the same shall be adopted. upon the prompt reoeipt whercof he shall by proclamation. announce t o fact. whereu on. without ajoninytfuftlllff proceedings on the part of Congross, this resolution shall take clfect.
Mr. DOOLITTLE. I ask for the yeas and any? upon it. he yeas&nays were ordered; and being taken, resulted yeas 4, nays 34;. So the amendment was rejected.
Mr. DOOLITTLE. The question now arises, as I understand, upon the preamble to the House resolution.
The PRESIDING OFFICER. There is no question of that kind before the Senate now.
Mr. DOOLITTLE. A motion to strike out the preamble is not required, as I understand, but the renmble must be positively adopted.
Mr. ] HNSON. You can amend it or move to strike it out.
Mr. DOOlilTTIJE. But is it necessary to move to strike it out? Must not the vote of the Senate be taken on the preamble itself?
The PRESIDING OFFICER. There is no question arising on the preamble now. If the Senator desires to strike it out he can make a motion to that effect. The reamble is to be treated as a part of the resolution. The resolution proper comes up 1st, and afierward the preamble. We have considered the resolution, and are now considerin the preamble.
Mr. DOOLITTLE. VhatI wish to inquire is, whether it is necessa to take avote of the Senate upon the preamb e. Several) Snxaroas. Move to strike it out.
Mr. DOOLITTLE. I do not desire to move to strike it out if the question necessarily comes before the Senate on the adoption of the preamble. Is not that the case? [“Oh, no.”] Then I move to strike out the preamble of the House resolution.
Mr. COWAN. on that. The yeas&nays were ordered.
The Secretary read the preamble proposed to be stricken out, as follows: Whereas the State of Tennesseehas in good faith ratified the article of amendmentto the Constitution of the U.S. proposedby the 39th Congressto the Legislatures of the several States, and hasalsoshown to the satisfaction of Congress, by a proper spirit of obediencein the bod of her people.her return to her due allegianceto the government. laws and authority of the U.S.: Therefore.
Mr. TRUMBULL. I shall vote to strike out this preamble. I think we had better have no preamble unless we have one that is full. The Senate has decided not to have one that is full or fuller, and this is imperfect. I think we had better strike it out, and thenI shall be willing to adopt the House resolution pretty much as it stands without any preamble. The preamble as it is contains a committal, in my judgment, on the part of congress to recognize any State government which shall ado t the constitutional amendment, and I think here is no necessity for committin ourselves in that way. I have great doubt a out the propriety of a preamble at any rate; and I think it would be better to strike it out. The question being taken by ess and uays, resulted yeas 29, nays 11; 5. So the motion to strike out the preamble was vagreed to.
Mr. SHERMAN. NowI should like to have the resolution readjust as it stands.
The Secretary read as follows: be it resolved That the U.S. do hereby recognize the present government of thestate of Tennessee us the legitimate government of said State. entitled to all the rightso a State governmentunder the constitution of t 0U.S. The JtResolution was reported to the Senateas amended.
The PRESIDING OFFICER. The question is on concurring in the amendments made as in ComWhole. The 1st question is on concurring in the amendment reported by the ComJudiciary instead of the House resolution.
Mr. WILSON. On that question I desire the ess&nays. the ess&nays were ordered. 1
Mr. EDMUNDS. I hope on reflection that the Senate will not concur with the committee in adopting this amendment. On comparing it with the original resolution as it came from the House I am satisfied that the House resolution is much to be referred; it contains ideas and implications Iiiinly which exist in point of fact, and does directly to the distinct proposition. for that reason, of admitting its repsentatives; and therefore, on reflection, it apears to mer although I voted for the amen ment in committee, that it is better to adopt the House resolution as it stands. I shall vote therefore, against concurring in the action of the ComWhole.
Mr. TRUMBULL. The expression of the Senate being against any preamble, I like the House resolution, or a portion of the House resolution, better than I do that reported by the committee, and which has been adopted in ComWhole. The report of the ComJudiciaryar was both a pre amble and a resolution, an if nothing is to be adopted but a simple resolution without any preamble, I incline to think that the better course will be to adopt a part of the House res olution. I am notfor adopting the whole ofit, and shall move at the proper time to strike out a portion of it. The ntter part of the House resolution I hope the Senate will strike out when the re or time comes.
Mr. SHERMAN. The only question is upon concurring in the amendment adopted in committee as a substitute for the House resolution. The question being taken by yeas and nuys, resulte yeas 11, nays 31; 6. So the amendment was not concurred in.
The PRESIDING OFFICER. The question now is on concurrin in the amendment made as in ComWhole, striking out the preamble to the House resolution. The amendment was concurred in. The resolution, as thus amended, was read, as folloWs: Be it resolved, 41., That the state of Tennesee is herebyrestoredto her former proper.practical relations to the Union and is again entitled to be repro sentedby Sens&Reps in Congress. duly clect dandqualified.upontheir takingthe oaths of office required by existing laws.
Mr. TRUMBULL. I move to strike out of the Jtresolution all after the word “ Union" in the 4th line, being the words “and is again entitled to be represented by Sens&Reps in Congress duly elected and qualified, upon their taking the oaths of office required by existing laws. ’
Mr. POMEROY. I more to amend the part preposed to be stricken out, by striking out simply all after the 5th line. namely, the words, duly elected and qualified, upon their taking the oaths of office required by existing laws.‘ I think these words are superfluous.
Mr. TRUMBULL. I have 2 objections to this part of the resolution which I propose to strike out. The 1st is that it is wholly unnecessary. If the State of Tennessee is “re stored to her former proper, practical relations to the Union, ” the right of representation is one of the rights belonging to her, and it is unnecessary to reiterate it, and therefore this language is objectionable in that respect. But there is another objection, and I wish Senators would turn their attention to it for a moment. The langn e is, “and is again eu titled to he represents by Sens&Reps in Congress, duly elected and qualified. upon their taking the oaths of office } required by existing laws.” I will not admit a man who takes the oaths required by existing laws ifI know he has been a traitor. It is not for Congress to decide that; it is for the Senate to decide who is entitled to be admitted here on taking the oaths of office. When the I State has been restored to its proper relations ‘, to the Union, then it is for each case to decide whether the persons claiming seats are entitled to them or not. I ask in friendfrom, Michigan, [Mr. How.utn, ] if Je. Davis were, to come here tomorrow and agree to take the oaths of office, would he admit him to a seat '?' And yet that is “ the way this resolution reads: is again entitled to be represented by Sens&Reps in Congress, duly elected and qualified, upon their taking the oaths of office require by existing laws.” There is no necessity for these words; they give no force to the law; and I would not tie up my hands in reference to this question. I am told there are men elected to these. Houses of Congress who their friendsavow are ready to take the oaths of office, that have been connected with the rebellion. Mr.CRESWELL. Theype jurethemselves.
Mr. TRUMBULL. I won] not allow them to be here if the testimony satisfied me that they had been connected with the rebellion, although they took the oath of office; and I do not wish to be committed by voting for any such proposition when there is no necessity for it. I hope, therefore, that the Senate will sustain my motion. There can be no object in having these words in.
Mr. GRIMES. Why not strike out all after the word “Congress, ” at the end of the 5th e?
Mr. TRUMBULL. I do not wantto specify one particular thing; it looks as if we enied the others. Let me ask the Senfrom I own what object there is in saying that a State is entitled to representation. Is she not entitled to other rights?
Mr. GRIMES. Yes. As has been well observed, what is the object of the whole prop position?
Mr. TRUMBULL. The object of the whole proposition is to show that there is a State government there restored to her proper relations in the Union; and representation follows.
Mr. GRIMES. The question we have been investigating all winter is whether there is a State government there entitled to representation.
Mr. TRUMBULL. Whether it is entitled to representation is not the question I have been looking at. I have been inquiring whether there is a State government there at all. It is not simplyasto representation; it is in reference to the rights pertaining to a State government. When you restore the State of Tennessee to her former proper, practical relations to the Union, remsentation follows as a matter of course. I 0 not myself like the title of the resolution and I shall move to amend it at the proper time. It is now “AJtResolution declaring Tennessee again entitled to Sens&Reps in Congress.” I want to declare that there is a State government in Tennessee which Congress recognizes as legitimate.
Mr. HOWb. We have struck out that declaration.
Mr. TRUMBULL. But we struck that out because the Senfrom Wisconsin and others voted against the preamble. He and others, uniting together different sides of the Senate, voted down the preamble; and that having been done, it is better, as I think, to take a part of the House resolution than it is to take the other naked resolution as we reported it.
Mr. POMEROY. If my amendment shall prevail, the language remaining in the resolution will not be subject to the criticism made by the Senfrom Illinois. There is something in the point suggested by the Senfrom Iowa, that we have been seekingrepresentation from Tennessee all the session. this not entirely satisfactory to say there is a State government there and stop at that. While we recognize Tennessee as having a State government, I think we ought at least to go so far as to say that she is entitled to be represented in Congress by Sens&Reps.
Mr. TRUMBULL. I do not want to say anything about representation in the resolution.
Mr. TRUMBULL. Had she any rights as a State?
Mr. HOWARD. No rights as a State of the Union whatever; she was not a State in the Union.
Mr. TRUMBULL. The Senfrom Michigan will then allow me to inquire, why specify one right that she lost when she lost all '2
Mr. HOWARD. I have said already that in strict, legal construction these words are perhaps not necessary; but they are cumulative in their effect, and they serve to carry out plainly to the mind of the people the idea which has governed Congress all along, that there has been a forfeiture of the right of representation in the 2 Houses of Congress.
Mr. TRUMBULL. Does it not carry an imlication that they have forfeited no other ri t?
Mr. HOWARD. I think it does not. I think that would be rather a strict and, perhaps, illiberal construction to place upon the language. There is no exclusion of one. The language is very plain; the words are “is again entitle to be represented by Sens&Reps in Congress."
Mr. TRUMBULL. That includes one thing; does it not exclude the others?
Mr. HOWARD. No, sir. That is a principle which, let me say to the Senator, it is not safe to carry out in all cases, and a principle which does not apply except in particular cases: inclusio unius catezclust’o alterius. It is rather a dangerous principle of construction. More the language is used plainly as explan atory and in elucidation of the more Generalterms which precede it. That is the on y light in which I can view it. I prefer, therefore, to retain that language. As to the other objection that the remaining clause in these words, “duly elected and qualified, upon their taking the oaths of office required by existing laws, ” might be construed as a pledge on the part of Congress that even JeffersonDavis, if he should he sent here as a Senator or Representative and should offer to take the oaths, would be entitled to take his seat, I see no force whatever in that objection. The persons who are to come here under this statute must be in the 1st place duly elected; l that is, elected by a Legislature recognized to 5 he a State Legislature by act of Congress;, 2nd ly, he must be duly unlified; thatis, i he mut possess those qualihcations required by the Constitution, and without who his election is void.
Mr. HOWARD. He must have the age and citizenship required
Mr. POMEROY. I submit to the Senfrom Michigan whether those are not questions devolving upon each House and not questions for Congress to decide. That is the reason why I move to strike out the last 2 lines.
Mr. HOWARD. I will come to that directly.
Mr. POMEROY. The last 2 lines pertain exclusively to the question of election and of qualification, and should be taken out of the language of the act of Congress.
Mr. FESSENDEN. If the Senfrom Illinois will strike out the last 2 lines simply, all after the word “Congress, ” I should vote for his proposed amendment.
Mr. POMEROY. That is the pending motion.
Mr. FESSENDEN. Then I will vote for that, because I think those words are unnecessary and might lead to an implication to which I should not agree; and we getall we want by striking out all after the word “Congress” in the 5th line. I am not for retaining the previ Ous words on the ground assumed by my friendfrom Michigan that amplification is useful. I think that amplification is the curse of this body. We have been amplifying all day on matters that are familiar to us as our fingers; and I think it about time that we take a vote. I do not want to amplify any more.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Kansas to the amendment of the Senfrom Illinois. The amendment to The amendment was agreed to.
The PRESIDING OFFICER. The question is on the amendment as amended.
Mr. TRUMBULL. What has become of my motion?
The PRESIDING OFFICER. The Senate has voted to amend it.
The PRESIDING OFFICER. The question now is on the amendment proposing to strike out the 6th and 7th lines of the resolution.
Mr. FESSENDEN. Is not the question on striking out all after the word “Congress?”
The PRESIDING OFFICER. The effect of the amendment, as amended, if agreed to, will be to strike out all after the word “ congrass, ” at the end of the 5th line. The question bein put, a division was called for; an the “ayes” having risen to be counted,
Mr. SHERMAN. There is a misunderstanding here in regard to the question. The Senfrom Illinois moved to strike out all after the word “Union.” Then the Senate, on the motion of the Senfrom Kansas, struck out all after the word “ conress.”
The PRESIDING ObFICER. The Chair will state the question. The Senfrom Illi n“ois proposed to strike out all after the word Union.” The Senfrom Kansas proposed to amend the amendment by striking out, in stead of what the Senfrom Illinois pro, posed, the 6th and 7th lines, and the Senate agreed to that amendment to the amendment; so that the amendment as now amended, if agreed to, will strike out the 6th and 7th lines only.
Mr. BROWN. I ask for the yeas and pays. The yeas&nays were ordered.
Mr. GRIMES. This amendment, if it prevails, as I understand, will strike out a portion of the 4th line after the word “ Union” and all of the 5th line.
The PRESIDING OFFICER. This motion, if it prevails, will strike out, as the Chair has repeatedly stated, the 6th and 7th lines, and nothing else.
Mr. GRIMES. Then what did we do when we adopted the amendmentof the Senfrom Kansas?
The PRESIDING OFFICER. You excluded the 5th line and a part of the 4th line from the motion to strike out. The question being taken by yeas&nays; resulted yeas 25, nays 18;. So the motion to strike out prevailed.
Mr. SHERMAN. I preferred the resolution as it came from the House; butas the preamble is stricken out and there is now no preamble, I move that this be inserted as a preamble: Whereasflie State of Tennesseehas in good faith, by the action of her people, now placed herself in o edicncoto and in harmonywith the Constitution, laws, and authority of the U.S.: Therefore. On this I ask for the yeas&nays. The eas&nays were ordered.
Mr. AVIS. [move to amend that proposed preamble by striking out the word “now.’ The amendment was rejected. The question recurring on the preamble proposed by Mr. Snnuius, the yeas&nays were taken with the followmg result: YEAS 13. NAYS. 31 ABSENT So the proposed preamble was rejected.
Mr. TRUMBULL. I will now again offer in the Senate the preamble which was offered in the committee, in order to have a distinct vote upon it. Since it was voted upon in committee. the preamble of the House has been voted down. I now otfer the preamble which came from the ComJudiciary in the form in which it was altered in ComWhole.
The Secretary read the amendment, asfo lows: Whereas in the year 18 61the governmentof the state of Tennesseewas seized upon and taken possession of by iersonsinhostility to the U.S and the inha itants of said State in pursuanceof an act of Congresswere declared to be in a state of insurrection againstthe U.S.; and whereal said Stuto g governme enatn only be restoredto its formerpolitical relations in the Union by the consentof the lawmaking power of the U.S and whereasthe peopleof said Statedid, on the day of February. 1865b.y a largepopularvote, adopt and ratify a constitution of uovemment whereby slaverywas abolished and all ordinancesand laws of secessionand debts contracted under the same weredeclaredvoid: and whereasa Stategovernment has beenorganized undersaid constitutionwhich has ratified the amendmentto the Constitution of the U.S. abolishing shvery, also the amendment proposedby the liirty hinth Congress and has dono other acts proclaiminganddenotingloyalty: Therefore.
Mr. TRUMBULL. On that I ask for the yeas&nays. The yeas&nays were ordered.
Mr. SPRAGUE. I move to amend the amendment proposed by the Senfrom Illinois by inserting the reamble which has come from the House at Representatives in lieu of his.
Mr. TRUMBULL. We have just voted that down in the Senate, the very same thing that the Senator olfers. I apprehend that it is not in order to move that again unless it is altered.
The PRESIDING OFFICER. The Chair thinks the amendment is in order. It presents the question to the Senate which of the 2 preambles they will take. The question is on the amendment offered by the Senfrom RhdIsland, as an amendment to the amendment of the Senfrom Illinois.
Mr. TRUMBULL. I hope that will not be agreed to.
Mr. SPRAGUE. I ask for the yeas and no s. The yeas and us s were ordered.
Mr. SHERMA. I understand now the reposition of the Senfrom RhdIsland is to offer the House preamble as a substitute for the preamble reported by the ComJudiciary. We have then the choice between the two. I shall vote for the House preamble, and then, if that is voted down, I shall vote for the other.
Mr. TRUMBULL. I am sorry that the Senfrom RhdIsland should have ofiered this amendment. I had been desirous to get a distinct vote on the preamble as it was amended in the Senate, coming from the ComJudiciary. We have been unable to get a distinct vote upon it, because, when it was offered before, it was antagonized with this. Now the Senfrom RhdIsland, when it is offered in the Senate, proposes what the Senate voted down in the Senate. My proposition has never been voted upon in the Senate; and why will not the Senfrom Rhode 151‘ and let us take a distinct vote to see whether the Senate will not adopt it? If we do not, then try the other. Let us have adistinct vote whether we will have this as the preamble or not, without antagonizing it with the House preamble.
Mr. SHERMAN. There has been no vote on the House reamble.
Mr. TRUMBULL. Directly on the House preamble.
Mr. SHERMAN. I think the only vote that was taken was on the proposition of the Senfrom Illinois to strike out the House preamble and insert that of the committee.
Mr. TRUMBULL. Will the Senfrom Ohio listen to me for a moment? When we came into the Senate a distinct vote was taken on agreeing to the preamble of the House by yeas&nays, and it was voted down.
Mr. TRUMBULL. The amendment which I offer now as a preamble has never been of fered in the Senate.
Mr. SHERMAN. The yeas&nays were not called on the House preamble.
Mr. TRUMBULL. I undertake to say it was voted on by ycas&nays, and I ask the President of the Senate to report the vote on the distinct House preamble by itself. The Senfrom Wisconsin [Mr. Doomrrnn] made the motion to strike out the House preamble, and we took a distinct vote.
Mr. WILLIAMS. No vote has been taken upon this preamble since we adopted the House resolution. Since that vote was taken, to which the gentleman refers, we have adopted the House resolution; and now the simple question is presented as to whether we shall take the preamble of the House with the House resolution: that is the question now.
Mr. SHERMAN. he Senfrom Wisconsin offered his amendment in ComWhole, and not in the Senate.
The PRESIDING OFFICER. The Chair will state, for the information of the Senate that in ComWhole it was moved to strike out the House preamble and insert the preamble of the ComJudiciary; that failed to carry. Afterward it was moved in the ComWhole by the Senfrom Wisconsin to strike out the House preamble, which carried.
The PRESIDING OFFICER. By yeas&nays; and after we came into the Senate‘it was concurred in. ‘
Mr. TRUMBULL. It has been concurred in by the Senate.
The PRESIDING OFFICER. The question now is on the amendment offered by the Senfrom RhdIsland to the amendment of the Senfrom Illinois; and upon that the yeas&nays have been ordered.
Mr. TRUMBULL. I would prefer, if we can do it, to have separate votes; and if it is in my power io do so I will withdraw my amendment, so that we may take a direct vote on agreeing to the House preamble, as the Senfrom RhdIsland prooses.
The PRESIDING FFICER. That can only be done by unanimous consent.
Mr. TRUMBULL. Very well; let us have the vote, then, on the House proposition. trust the Senate will vote down the House preamble, in order that we may take a direct vote on the other. The yeas&nays being taken, resultedyeas 20, nays ‘24; 4. So the amendment to the amendment was rejected.
The PRESIDING OFFICER. The question now is on the amendment of the Senfrom Illinois.
Mr. TRUMBULL. The question is on the preamble I offer.
Mr. GRIMES. I ask that it be read. Several Snsnons. It has been read over and over again.
The PRESIDING OFFICER. The amendment will be read, if desired.
The Secretary read the proposed preamble, as follows: Whereas in the year 1861.the government of the State of Tennessco wus seized upon and taken osses non-of by persons in hostility to the U.S and (he in inbitniitsof said State.in pursuance of an not of Congress.iverrdeclardto bein a state of insur faction against the U.S.: and whereas said State ROVOI'IJIHCUcIa.n only be restoredto its former lulvit imcaalkri reglations in thoUnion by the consentof the powerofthi U.S.: and whereas the people of said State did on the 22Aof February. 1865b. y a.large popular vote adopt and ratify a constitution of government wherebyslavery was abol Ilhed and all ordinances and law; of secession and debts contracted under the same were declared void: and whereasa State government has been organized under said constitution which hus ratified the amendment ngeastltaovtchrey Constithtion of the U.S. da bboylitshhe i’ 39th Congress and hasdoneotheractspro l claiming and denoting loyalty: Therefore. I
Mr. BROWN. I desire simply to say, in this connection, thatl find nothing in that preamble that will elucidate my vote on the resolution when it comes u, and as I am to any reamble at opposed aIevents, I she I vote against The vote amendment. being taken by yeas&nays, resulted yeas 23, nays 20; 5. So
Mr. BUCKALEW. I propose to amend in the 3rd and 4th lines as follows: in the 3rd line strike out the Words “is hereby” and insert “shall be held, ” and in the 4th line strike out the words “is again, ” so as to read, “the State of Tennessee shall be held restored to her former proper, practical relations to the Union, and entitle to be represented.” The amendment was rejected.
Mr. YATES. I offer this as an amendment to the resolution as it has been amended, to come in at the end of the 5th line: Who possass the qualifications required by tbearticlo of nmendment to t ie Constitution of the U.S. reposedby the 39th Congress to the Legisatures of the several States and have been duly elected and qualified upon taking the oathsof office required by existing laws. I simply desire to say that this amendment provides that those who are excluded from holding office by the proposed amendment to the Constitution shall not be Senators or Representatives, and that Sens&Reps shall take the oath prescribed by existing laws. This, as I understand it, meets the objection of my colleague upon this point. By the proposed amendment to the Constitution certain men are excluded from holding office. those who, having taken an oath to support the Constitution heretofore. have violated thatoath. This amendment of mine, that if the Sens&Reps from Tennessee possess the qualifications required by that constitutionzil amendment, and then also take the oath of office, they may be admitted as Sens&Reps. Very unwillingly did I consent to strike out of the resolution, whether it is material or immaterial, the provision that these Sens&Reps should be required to take the oath of office prescribed by existing laws, because I wish it to be understood that they must take the test oath, however disagreeable it may be to them. My amendment simply provides that they shall take this oath, and that they shall be men who are entitled to hold office according to the amendment to the Constitution which we have proposed to be adopted by the different States. I ask for the yeas&nays. The yeas&nays were ordered.
Mr. WILLIAMS. I think that this amendment ought not to be adopted or rejected without consideration. It proposes, asI understand, to make a rule in apro osed amendment to the Constitution of the U.S. which has not yet been adopted and has no force whatever, a rule by which the representation of the State of Tennessee is to be governed. In the 2nd place, that part of the proposed amendment, it seemsto me, is entirely useless, because no person under existing laws can be a senator or Representative in Congress ivithout taking the oath which the law prescribes; and he must commit perjury if he takes that oath if he has been one of the persons designated in this proposed amendment, that is, one who has held office under the confederate government. It seems to me that to adopt this amendment at this time without any consideration as to its effect would be rather a rash step, and I shall vote against it.
Mr. HARRIS. I regard these questions that we are passing upon new as of greater importance than anything we have had before the Senate for along while; and I am satisfied that we are not likely to arrive at any wise conclusion this evening. I think we had better think over this thing and deliberate upon it. I therefore move that the Senate adjourn. The motion was not agreed to; there being, on a division ayes 20. noes 23.
The PRESIDING OFFICER. The question is on the amendment adored by the Senfrom Illinois, SMr. Yarns]
Mr. MORRILL. I desire to state that I have paired with the Senfrom Maryland Mr. Jouusos', ] who has been called out of the chamber. The question being taken by ycas&nays, resulte yeas 9. nays 83, 4i. So the amendment was rejected.
Mr. COWAN. Ipropose to amend as follows: strike out the reamble and in the 1st line all after the wor “Senate, ” and in the 2nd line all after the words “ U.S. ofAniei ica, ” and substitute for the 3rd, 4th, 5th, 6th, and 7th lines these words: “that the Senators'elect from the State of Tennessee. the honorable Messrs. Fowler and Patterson, be admitted to quality and take their seatsin the Senate as Senators from that State.” If thus amended, the resolution would read in this wise: Be it resolvedby the Senateof the U.S.A.That theSenators elecfrtom the State of Tennessee.the honorable Messrs. Fowler and Patter son. headmittedtoqunlify and take theirseats in the SenateasSenatorstrom that State.
Mr. TRUMBULL. Is that in order to a JtResolution?,
The PRESIDING OFF CER. The Chair is of opinion that the amendment cannot be in order.
Mr. COWAN. I wish to be heard upon that. The House resolution, although it is called a JtResolution, is not a JtResolution. If it is anything at all it is a concurrent resolution. A resolution cannot be a JtResolution or a concurrent resolution merely because you write at the head of it the word “joint” or “concurrent.” The resolution takes its character from the subject matter of it and the breadth of its operation. Now, it is perfectly evident that what we want to get at here is the admission of Sens&Reps from Tennessee. The operation of this JtResolution, as it is called, can possibly go no further; it can have no 0 eration outside of that. The only conceivable result which will follow from it will be that Representatives will be admitted into the other House and Senators will be admitted here. Thatis the whole of it. Another and more complete test of its concurrent nature, and not its joint character, is the fact that if it. were proposed to the President for his veto or approval, it would not make a particle of difference whether he approved or whether he vetoed it, because if no vetoed it we could proceed immediately to do all that is contemplated under the resolution the same as though] he approved it. His veto amounts to nothing one way or the other. The fashion of calling things JtResolutions when you want to present them to the President and when you want to make a pomt by asking him to sign something he does not want to sign and when you expect to make a little on itah by putting him into a dilemma, and calling om concurrent resolutions when you do not want the President to sign them or have anything to do with them l sa that practice and that s ccics of trickeryoug it now to be abandoned, Ipthink.
Mr. LANE. I rise to a pointof order. What is the qnestion before the Senate? The amendment which the Senator moved has been ruled out of order. No appeal from the decision of the Chair has been taken; and yet a lengthy argument oing on.
Mr. COWAN. I do not understand the Chair to have decided peremptorily that it was out of order. I asked to be heard upon the question of order.
The PRESIDING OFFICER. The senator will pause. The Senfrom Indiana raises the point of' order that after the question of order has been decided, it is notin order for the Senfrom Pennsylvania to debate the question That point of order is well taken. he Senfrom Pennsylvania can only proceed by the indulgence of the Senate, and if the Senfrom Indiana objects it cannot be.
Mr. LANE. I object to any further debate.
Mr. COWAN. I appeal from the decision of the Chair.
The PRESIDING OFFICER. The last decision or the one before that?
Mr. COWAN. The one before that. [Laughter.
THE PRESIDING OFFICER. The Senator takes an apal from the decision of the Chair.
Mr. COWAN. And upon that I can be heard I resume. Dil
Mr. HENDRICKS. If the Senator will yield, I will make a motion to adjourn.
Mr. TltUMBULL and others. I trust not. Let us finish this matter.
Mr. CONN I hope this question of order will be allowed to be discussed. The idea of udjonrning pending the discussion of a question of order I never heard of.
The PRESIDING OFFICER. The Senfrom Pennsylvania is entitled to the floor.
Mr. WILSON. You wanted to do it your own way.
Mr. COWAN. You did not want to do it, I know; and you did not want to do it according to the Constitution, because you expected you could get a political advantage by getting up a kind of star chamber committee and shutting I the doors ugainstrepresentation from the States for some extraordinary purpose or other. The doors have been shut for 7 months; and now the clamor at the doors has induced you, without any reason and upon a mere pretext, to abandon yonrgrouud that you held so long, and now you are afraid to come u to it like men and do directly what you would like to do indirectly. That is about the truth of it.
Mr. CONNESS. The Senator does not, if he will permit me, call the adoption by Tennessee of the constitutional amendment we have passed a " pretext?” Is that not a cause for admission now?
Mr. COWAN. I say it is not a cause for admission, because it amounts to nothing.
Mr. HENDRICKS. I will ask the Senator again if he will yield for a motion to adjourn?
Mr. HENDRICKS. I move that the Senate adjourn.
Mr. NYE. If you withdraw that for a moment I simply want to put in an amendment.
Mr. WILSON. I hope this point of order will be decided.
The PRESIDING OFFICER. The question is on the motion to adjourn.
Mr. HENDRICKS. I withdraw it for the Senfrom Nevada.
The PRESIDING OE uCE It. The amendment can be received by unanimous consent. sI there objection? The Chair hears no objcction.
Mr. HENDRICKS. Now, I renew the motion to adjourn.
Skip Skip The question being put, a division was called for.
Mr. NYE. I should like to have the amendment read. '
Mr. HENDRICKS. Some Senators ask that the amendment be read which has been offered by the Senfrom Nevada. I therefore withdraw the motion to adjourn.
The PRESIDING OFFICER. The question is on the point of order and the appeal taken by the Senfrom Pennsylvania.
Mr. HENDRICKS. The Senfrom missouri [Mr. HENDERSON] has asked a division on the motion to adjourn, and I withdraw the motion to adjourn until we can hear the amendment read.
The PRESIDING OFFICER. The Chair is of opinion that it is not in the power of a Senator to withdraw a motion when a division is being had upon it. It can be done by unau imous consent. Is there any objection to the motion being Withdrawn?
The PRESIDING OFFICER. A division is called for on the motion to adjourn. A division being had, the result was ayes 13, noes 19 a refusal to adjourn.
The PRESIDING OFFICER. The question is, Shall the decision of the Chair, ruling out of order the amendment of the Senfrom Pennsylvania, [Mr. COWAN] stand as the judgment of the Senate.
Skip Skip The question being put, the decision of the Chair was sustained.
Mr. NYE. Now, I offer my amendment, and I ask to have it read.
The Secretary read the proposed amendment, which was to strike out all after the word “ that, ” in the 3rd line of the resolution, and insert: The pendo ofTennes ec have organized a govern mentfort int Statewhich is in allegianceto the Constitution and laws of the U.S and have given satisfactoricvidence of the ir purposeandability to maintain t esnmc and thesamerequiring the sanction of Congressto its validlty, it is herebyratified and shall be guarantiodby the U.S. The amendment was rejected.
Mr. HENDERSON. That is just what I want, if we can get it; but before we take the final vote on this proposition I prefer to reconsider the vote by which we adopted the preamble moved by the Senfrom Illinois, [Mr. TRUMBUI.L.] My impression is that if you pass the resolution with that preamble, and send it to the POTUS, the President will keep it for ten days' he will keep us here ten days from next Tuesday, and then he will send to us aveto message. He will say, "Gentlemen, you have sent to me 8.“ resolution with a preamble declaring that noth iing but the lawmaking power of this country, can settle this question; now, I dispute that proposition; all else there is in your measure; 15to admit Sens&Reps fro Tennessee; you have the power to do that; P have always contended that you had the powerX to do it as separate bodies; if you are in earnest about it, just admit them.” Is not that the answer we shall get from the Executive?
Mr. WADE. I rise to a question of order. I want to know whether it is in order here to speculate upon the opinions of the POTUS in reference to our legislation. In the British Parliament it is a breach of)rivilege, and always out of order. Is it in or or here?
The PRESIDING OFFICER. Does the Senfrom Ohio raise a point of order?
Mr. WADE. Iinquire of the Chair whether.such remarks are in order.
Mr. HENDERSON. I do not desire to be out of order.
Mr. COWAN. There can be nothing in the point of order. What is all this but a more discussion of the powers of the Executive? The honorable Senfrom Missouri assumes that the Executive has certain opinions as to his rights and powers under this Government. It is fair argument.
Mr. HENDERSON. the Chair will so decide.
The PRESIDING OFFICER. The Chair does not consider the Senator out of order.
Mr. HENDERSON. The bill is before the Senator, the whole subject, all of it.
Mr. SUMNER. Will the Senator allow me to suggest to him a consideration in favor of If I am out of order his view? It is very evident that even if we shall pass this JtResolution to night, as the House has already adjourned we shall not hasten it any.
Mr. HENDERSON. We shall not gain an thing by nshing matters now.
Mr. SUEEER. We shall gain nothing. That seems to me a consideration in favor of letting it go over until Monday morning.
Mr. SUMNER. The House is not in session to night. The resolution cannot go to the House. I think, therefore, the Senfrom Missouri is right.
Mr. WILSON. We can have next Monday to devote to other business.
Mr. CONNESS. I submit to the honorable Senfrom Missouri whether he will not take the sense of the Senate at once on the motion to adjourn, and then let the Senate do as it chooses.
Mr. HENDERSON. Is the Senator tired of hearing me? I really supposed he always listened to me with pleasure
Mr. CHANDLER. I call the Senator to order. He made a motion to adjourn and is now debatin it.
Mr. HEN person. I have not made any motion to adjourn.
The PRESIDING OFFICER. The Chair has not heard a motion to adjour:
Mr. CONNESS. I will say that I do always hear the Senfrom Missouri with great pleasure. I appeal to him, however, not to acthe Senate in this manner at this time.
Mr. HENDERSON. Other Senators have kept me here until 6 o’clock; I have had no dinner; and now when I undertake to inflict a short speech upon the Senate, other senators feel that they are hungry, and the Senfrom California feels very hungry and desires to leave immediately. If he had only thought of this a little while sooner, of course we could all have had our dinners by this time. We are not going to finish this JtResolution to night. The Senfrom Nevada has just olrej'ed an amendment.
Mr. HENDERSON. There will be other amendments we shall never get through in this way; and therefore I now move that the Senate adjourn, and I hope that we shall do so. I call for the yeas&nays.
Skip Skip The yeas&nays were ordered; and being taken, resulted yeas 15, nays 20; l3. So the Senate refused to adjourn.
Mr. MCDOUGALL. I move to amend the resolution by striking out in the 3rd line all after the word “is” to the word “entitled” in the 4th line. The words Ipropose to strike out are: “hereby restored to her former proper, practical relations to the Union, and is again;” so that the JtResolution will read: That the State of'Tennessee is entitled to be representedby Sens&Repsin congress.
Mr. LANE. That amendmentwas proposed by the Senfrom Pennsylvania [A Mr. BUCK ALEW] word for word, and voted down by the Senate.
The PRESIDING OFFICER. The Chair understands it to be a different proposition. The Senfrom Pennsylvania moved to strike ont the word “hereby” and the 2 words “is ll].
The PRESIDING OFFICER. This is a different proposition, in the opinion of the Chair, and is in order.
Mr. HENDRICKS. I wish to appeal to Senators once more to drop this reamble.
The PRESIDING OFFICER. The Sena‘ for from Indiana is entitled to the floor.
Mr. DOOLITTLE. If the Senator will, allow me, I desire that there should be a vote I should like to vote for the proposition pr'e on the proposition made by the Senfrom California. I desire to record my vote upon it.
The PRESIDING OFFICER. The Senfrom California withdrew his proposition.
Mr. DOOLITTLE. I desire to renew it, not to discuss it, but simply to take the vote of the Senate upon it.
The PRESIDING OFFICER. The senator must 1st move to reconsider the vote by which the amendments were ordered to be engrossed and the JtResolution to be read atiird time.
Mr. DOOLITTLE. I should like to have unanimous consent to take the vote of the Senate on that amendment.
Mr. ANTHONY. I will agree to the reconsideration if the Senator will go under bonds not to make aseech. [Laughten]
Mr. DOOLI' ‘TLE. I have already said that I do not desire to say anything upon it, but merely to have a vote on the proposition. The mtR agreed to.
Mr. DOOLITTLE. Now, if my friendfrom Indiana will allow me, I will renew the amendment of the Senfrom California.
Mr. TRUMBULL. Mr. President, what is the question before the Senate?
The PRESIDING OFFICER. The Senfrom Wisconsin moves to amend the resolution by striking out the words “hereby re stored to her former practical relations to the Union and is again, the some amendment moved by the Senfrom California, as the Chair understands.
Mr. DOOLITTLE. Upon that question I will ask a vote of the Senate by yeas&nays. The yeas&nays were ordered.
Mr. DOOLITTLE. I ask the Secretary to read the resolution as it will read with those words out. The Secretary "cad as follows: Be it maloed. til It.That the State of Tonneme is entitled to he representedby Sens&Reps in Congress. The Secretary proceeded to call the roll on the amendment.
Mr. NESMITH (when his name was called) said: The Senfrom Maine [Mr. FESSENDEN] had to retire from the Chamber on account of indisposition, and I agreed to pair 05 with him; otherwise, I should vote “yea.H The result was announced yeas 5, nays 25; 18. So the amendment was rejected. The amendments were orderengross and the JtResolution to be read a 3rd time. It was read the 3rd time.
Mr. BUCKALEW. I call for the yeas and navs on the passage of the resolution. be yeas&nays were ordered.
Mr. DOOLITTLE. I desire to saya single word only. as I do not wish to discuss the res olution. The amendment which was offered by the Senfrom California, and which I renewed, had it been adopted by the Senate, would have relieved the resolution from what to my mind is objectionable; but the result arrived at in the resolution, to wit, the declaration that the State of Tennessee is entitled to representation, is, in myjudgment, soimportant thatI shall vote for the resolution, notwithstanding the objectionable part of it which I moved to strike out. If the preamble were a art of the resolution, there are things asserted in it that I could not vote for; but it is no part. of the resolution, and I can vote for the resolution.
Mr. COWAN. I have only to say pretty much the same thing. I desire to attain the result; that, is the admission of the representatives of Tennessee on the floor of the 2 Houses; and I will not be deprived of custin my vote to attain that result by any kind 0 wrapping paper that may be put about it. I wish to attain the substance without regard to forms. I think the preamble objectionable, and I think the language of the resolution objectionable. I think the mode by which it is attempted to be achieved altogether and totally objectionable; but I will vote for the whole to attain the desired end.
Mr. NESMITH. I did not vote for the preamble or to insert it in the resolution; but simpl because I desire to see the Senators from I‘ennessee admitted, I shall vote for the resolution as it stands. On the previous vote I stated that I had aired off with the Senfrom Maine, [Mr. fESSBXDl SN] who had left the Chamber on account of indisposition. The pair was only to extend to preliminary questions. He gave meto understand that he would vote for the JtResolution, and therefore I shall vote in favor of its passage.
Mr. TRUMBULL. I move to amend the title so as to read, “A JtResolution concerning Tennessee.”
The PRESIDING OFFICER. That amendment will be considered as adopted, unless there be objection. Several SENATOBS objected.
The PRESIDING OFFICER. The question, then, will be on the motion of the Senfrom Illinois to amend the title.
Mr. TRUMBULL. There was an amendment to the title reported by the ComJudiciary. Let it be read. The SECRETARY. ‘v‘A JtResolution concerning the State of Tennessee.”
Mr. CONNESS. I hope that amendment will not be adopted.
Mr. CONNESS. I will try to state briefly the “why.” It is true the resolution concerns the State of Tennessee; but the object generallyis to state in the titles of bills and resolutions as succinctly as possible their purpose. To say that this resolution concerns Tennessee is very general indeed. I propose to amend the existing title, if I can, before the question is taken on the motion of the Senfrom Illinois, by inserting after the word “declaring” the words “the State of, ” so that it will read, “A JtResolution declaring the State of Tennessee again entitled to Sens&Reps in Congress.”
The PRESIDING OFFICER. The 1st question will be on the amendment of the Senfrom Illinois.
Mr. CONNESS. I hope that will not be adopted.
Mr. TRUMBULL. I do hope that the Senfrom California is not going to fall into the lead set by his colleague, who says that this is nothing but simply a proposition to admit Sens&Reps. The Senfrom Pennsylvania and the Senfrom Wisconsin have been telling us that that is all there is to it, and all we have got to do. Now I insist there is something else in the resolution. There is a declaration that the State of Tennessee is restored to her former proper, practical relations to the Union. There is something more than simply admitting Sens&Reps. Iden the position of the Executive, that he has taken at the time, that Congress has no authority over this question of reconstruction except to admit Sens&Reps. this is a resolution in reference to the State of Tennessee, restoring her to her practical relations, and these words about admitting Sens&Reps are of no meanin at all. They need not be in it. The legal effect of it would be precisely the same if they were out. The great point is to restore Tennessee to her constitutional relations to the Union and declare that she is restored. That is all the necessity there is for it.
Mr. CONNESS. The title of the Senator does not declare any such thing. The title that be prooses is that it concerns Tennessee.
Mr. it MBULL. Well, alter it then to declare it.
Mr. CONNESS. It is for the Senator to alter it. The Senator has proposed a motion. If he will declare it to be a resolution to restore Tennessee to her practical relations to the goveminent, thatwill satisfy me; itwill mean something.
Mr. TR UMBULL. I would be satisfied with that. It is only longer .
Mr. WILSON. I will suggest. that the title he, “AJtResolution restoring Tennessee to her proper, practical relations to the Union.”
Mr. JON ESS. That will be satisfactory to me.
The PRESIDING OVICHi. The Senfrom Illinois moves toamend the title so as to make it read, " A JtResolution re storing Tennessee to her proper, practical relations to the Union."
Mr. BUCKALEW. I do not consider this question of title of any importance. No matter what you name this resolution, it speaks its own character on its face. I desired at the end of our proceedings to state an idea which is raised by this question of title, however. whatever you may say, or whatever may be said upon this subject, the objectand purpose ot' this measureis precisel that which was announced by the House of I epresentatives in the title of the JtResolution as it was sent to us. It. was intended, and only intended, to produce the admission of Sens&Reps from that State into Congress. There were no other practical relations wanting to be affected by a measure of this kind. I rose for the purpose of stating that I voted against this resolution, 1st. because I consider it entirely niigatory and ineffective, and invalid; that it has no legal effect and can have no legal effect whatever upon the purpose which was had in view, the admission of members; that that power being explicitly with each House, after this resolution is passed, the power must be exercised by each house and Will be exercised precisely as if no such resolution had ever been passed. Viewing it in that light, I felt justified in voting against it, whatever might be my opinions upon the question of the representation of Tennessee in this Senate and in the House. I voted also against this measure because upon the face of it, it is expressly and solemnly declared that it is passed because of the reasons given in the preamble. You cannot sever the resolution itself from the preamble which is attached to it.
The PRESIDING OFFICER. Shall the title be amended as proposed by the Senfrom Illinois?
Skip Skip The question being put, the motion was decided to be agreed to.
Mr. POMEROY. I was going to suggest that if the words “proper” and “practical” were taken out of that title it would be crfect to my mind. It would then read, “ JtResolution restoring Tennessee to her relations to the Union.”
The PRESIDING OFFICER. Does the Senator desire to amend it?
Mr. I’OMEROY. I desire to amend it in that regard.
Mr. WILSON. Very well; strike out those words.
Mr. TRUMBULL. I have no objection to that amendment if I have control of the matter.
The PRESIDING OFFICER. Does the Senator acce t the amendment?
The PRESIDING OFFICER. The amendment will be so modified.
Mr. HENDRICKS. There is a practical question which I desire to present to the Son. ate. I do not think that the historian will turn to this resolution with any degree of interest when he comes to write the politieal history of these times, and the title, Tthink, is of no more consequence than the feather that adorns the child’s bonnet. The practical question which I. rosose is that we adjourn.
Mr. R MBULL. Has the title been adopted 7
The PRESIDING OFFICER. It has not been ado ted.
The PRESIDING OFFICE t. The Chair declared it adopted, but withdrew his decision for the purpose of allowing it to be amended, because he did not understand that the Senfrom Kansas, who was on the floor at the time, desired to move an amendment. The Chair declared it ado ted hastily.
Mr. TRUMfiULL. I he the Senfrom Indiana will withdraw this matter is disposed of this motion until l
The PRESIDING OFFICER. Shall the title be amended as proposed “A JtResolution restoring Tennessee to her relations to the Union?” The motion toamend the title was agreed to. GENERAL BANKaUr'r LAW.
Mr.HENDRICKS. I thought I had made a motion to adjourn.
The PRESIDING OFFICER. The senator withdrew it. the Chair understood.
Mr. POLAND. Before we vote to ad'onrn, I desire to take up the bankru t bill, on make it the special order for one o‘c ock on Monday. [“ No, no.”] I will say to the Senate [“ No, no.”] Let me be heard.
The PRESIDING OFFICER. The Senfrom Vermont has the floor.
Mr. POLAND. Iask to have it taken up at that time because the bill has fallen in my char c somewhat, and I desire to ascertain whct ier the Senate are willing to proceed with it. I shall not insist upon going on with it in lieu of the appropriation bill, which is partially completed; but I desire to have it taken up at that time, and have the Senate determine whether they will undertake to go through with it and pass the bill at this session. It is merely for that purpose that I make the motion. Mr.WILSON. I hopeit willnot be taken up.
The PRESIDING OFFICER. The Senfrom Vermont moves to postpone all prior orders and proceed to the consideration of House hill 0. 598, being the bankrupt bill.
Mr. LANE. I hope it will not be made a special order. I want to get a vote on the bounty bill, which I regard as ten times as important as the bankrupt bill. I move that the Senate do now adjourn.
Mr. CHANDLER. I desire to make a motion to which I am sure there will be no objection.
Mr. POLAND. I believe my motion is pending.
The PRESIDING OFFICER. It is pending, but it is in order to adjourn while a motion is pending.
Mr. POLAND. I he s the Senator will withdraw the motion to a journ. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, July 21, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Bonn on.
Mr. RICE, of Massachusetts. I move to dispense with the reading of the Journal.
Mr. WENTWORTH. There is no quorum here, and therefore I object. The Journal was read.
Mr. JULIAN. I rise for the purpose of moving to correct the ] onrnal. I am recorded as havmg voted in the aflirmative on the preamble to the resolution admitting Representatives from Tennessee. Ivoted in the negative. I move that the Journal be corrected. The motion was agreed to. The Journal, as amended, was then approved. OFFICERS OF THE NAVY.
Mr. RICE, of Massachusetts. I am also instructed by the committee to move to amend section 2 by striking out in line 3 the word “ ten" and inserting “ 20;” in the s“ame line to strike out “20 ” and insert 50;” and in line 4 to strike out “ 40 ” and insert “ 75;” so that the section will read: Sac. 2. Abife: That of the number of line olIicers of the Navy on the active list. 5 lieutenant commanders. 20 lieutenants 50 masters and 75 ensignsmay be a pninted from those office is who have servedin the voiinteer naval servicefor a period of not less than 2 years and who are either now in that serviceor have been honorably discharged therefrom, &c.
Mr. RICE, of Massachusetts. I move to further amend the bill by inserting in the 3rd section, 10th line, after the word “act” the words “provided they shall find that number who are suitably qualified.”
Mr. RICE, of Massachusetts. I move to further amend by adding to the 3rd section the words “and any volunteer officers attached to vessels at sea, or on foreign stations, may be appointed to the regular service, subject to the conditions contained in this section, after their return to the U.S.”
Mr. RICE, of Massachusetts. The last amendment which I have to offer is to strike out from section 4 the words “until their places can be supplied by graduates from the Naval Academy.”
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time and passed. '
Mr. RICE. of Massachusetts, mtRtv the bill was passed; on the table. agreed to. ADJOURNMENT OF CONGRESS.
Mr. CONKLING. I rise to a question of privilege, and offer the following resolution: coknncoulrlr inn!g.b)ill/It Ilmhu'of Ill prrwnmh'ucs(, theScuato That the presidentof the Senate and The SPEAKER of the HoRep, on the day of, at 12 o‘clock meridian.adjouni their rmpective Housesuntil Tuesday.the2dday of Octo berJS‘iti and thaton thatday, unlessit be then otherwise orderedby the twoHouses, theyfurther adjourn theirrwpectivo Housesuntil the 4th day of Deccmber, Mr Speaker. I desire to explain the resolution in a few words.
Mr. ELDRI DGE. Is this resolution debat able?
The SPEAKER. It is not, without unanimous consent.
Mr. BANKS. I object to the introduction of this resolution as a question of privilege.
The SPEAKER. T in House yesterday decided that it was a question of privilege, and the Chair is bound by that decision.
Mr. BANKS. This involves more than a question of adjournment. It provides that on a certain day hereafter the Presiding Officers of the 2 Houses may adjourn their respective Houses for 2 months more, even in the tbsence of a uorum. The SPEAKqElt. The resolution says noth in about the absence of a quorum.Mr. BANKS. That is the result of the res olution.
The SPEAKER. The House yesterday after debate upon both sides determined, by a vote by yeas&nays, that the resolution Offered by the Gentfrom Pennsylvania, Mr. S'rnvsxs, going beyond this resolution in its powers, was a question of privilege; and the Chair is bound by that decision. The Chair, therefore, overrules the point of order.
Mr. CONKLING. I would like to state the object of the resolution.Mr. SPALDING. I object.
Mr. JOHNSON. I move to lay this resolution on the table.
Mr. CONKLING. I do not yield the floor for that purpose. I believe I have the power to accommodate the Gentfrom Ohio, [Mr. SP.i.ntxc, ] who, Innderstand, desires to call up another question of privilege. I will withdraw my resolution for the present, givin noticethat Iwill offer it imme iatel after he question of privilege which the gentleman desires to call up shall be disposed of. DEFICIENCY BILL.
Mr. STEVENS, from the ComAppropriat, reported abill to supply deficien cies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComWhole on the state of the Union, and made the special order for Monday next, after the morning hour, and from day to day un til disposed of. asssuur UPON A MEMBER.
Mr. SPALDING. I now ask that the order of the House be now enforced upon the member from Kentucky, [Mr. Rousseau]
Mr. ROUSSEAU. Iask leave of the House to say a word or 2 by way of personal explanation.
Mr. CONKLING. Before I give my consent, I desire to know whether this personal explanation is to be subject to the rules of the House, or whether consent is to be given to go beyond that. If so, then I shall object. I shall object to any personal explanation except it be made within the rules of the House and of decorum. I
The SPEAKER. As the Chair has already stated, all personal explanations are subject to the rules of the House. The Chair will expect any gentleman who may object to the language which i may be used to make a point of Order, upon which the Chair will promptl rule.
Mr. CONKLING. Then I will make no objection. o objection was made, and leave was accordingly ranted.
Mr. {O SSEAU.Mr. Speaker, I hope I shall not forget where I am, and I will endeavor to keep myself not only within the rules of the House, but within the rule of the strictest propriety and friendly regard for every member of thi House. Now, sir, that the trial of this matter in which I have been involved is over, and the decision of the House has been rendered, I not only feel myself at liberty, but I deem it my duty to the House and myself to say a word or so in reference to it. And here, sir, I must express my regret that I should be called upon to remark upon a matter which has given me so much pain and mortilication since its occurrence; and I think nothing would prompt me to speak at this time but a desire that members may understand the feelings and motives which prompted me, and as far as possible my whole conduct in the premises. I have been compelled to sit and hear myself denounced on this floor in a way in which I regret that any member should denounce a brother member. I do not rise to complain of this; but I wish to say that such a course does not tend to good feeling, and I think I may add in all courtesy that the conduct complained of was unfair and unjust. When the discussion on this subject was closing the other day, the Gentfrom Ohio, [MnGanrtnLn] who rose with a proclamation of personal friendship for me, seemed in the course of his remarks as if he were prosecuting a criminal. such appeared to be the whole tenor of his argument, as well as that of the Gentfrom Iowa, [Mr. Wn.so:v.] Now, sir, I conceive that this was unfair and unjust toward a member of this House. The members were my judges, and they ought to have come to the decision of in case uninfluenced by passion and uncloude by prejudice.
Mr. STEVENS. I must object to this. I submit that criticisms on the judgment of the House and the action of members by a man under sentence are not in order.
The SPEAKER. The Chair thinks that the remarks of the Gentfrom Kentucky inti mating that members were influenced by passion are certainl out of order.
Mr. RO SSEAU. If I have said anything improper I take it back. I have said that members should have considered and argued my case without prejudice and without passion. If I was in error in this position I am ready to withdraw it. If members should not delib erate and determine on a matter of this importance and delicacy uninfluenced by passion or prejudice then I am in error. Now, Mr. Speaker, I hope, as I remarked at the outset, that I shall sa nothing improper. I up cal to this House to ecide whether those gentlemen did not show far more passion in words and actions than I have shown in any thin I have said, or, judging from the course of these remarks, what I am likely to say. Why, air, in the midst of the argument of the member from Ohio
Mr. STEVENS. I must again object to this course of remark. It is simply a criticism upon what was done by this House in judgment upon the case of the gentlemapna;ssainng the gentleman has no right to criticise it.
Mr. ROUSSEAU.Mr. Speaker, I do not criticise the judgment of the House. I am saying nothing about the judgment of the House. I am speaking of the manner of the argument of the gentlemen who prosecuted this case.
The SPEAKER. e Chair thinks that for the Gentfrom Kentucky to impute passion to other members in the argument in his case is not within the role.
The SPEAKER, I will withdraw the obnoxious remark. I was going on to say that the Gentfrom Ohio [Mr. GARFIELD] in the midst of his argu ment, when certainly greatly excited
Mr. MERC UR. I call the gentleman to order, and raise the point whether it is in order for him to criticise the speeches or conduct of members in passing a on his case.
The SPEAKER. '1‘ e Chair has already indicated to the Gentfrom Kentucky that such language is not within the proper line of remark.
Mr. ROUSSEAU. Well, Mr. Speaker, may I be allowed to say, while my case was being tried, and a good deal of excitement was aroused in the House, that an account of a list fight in some part of the basement of this Capitol between outsiders, alleged to have occurred on the instant, was introduced in the midst of the debate by the member from Ohio, [Mr. GARFIELD] with intense emotion and a labored and not unsuccessful effort at dramatic effect to influence the minds of members, and t“hat said assault was by him characterized as brutal and bloody 7” May I say that, air?
The SPEAKER. The gentleman has said it. [Laughter]l
The SPEAKER. The Chair thinks that is not out of order.
Mr. ROUSSEAU. I am very glad of that, sir, and I will proceed with my remarks. was sorry to see, sir, that when the HoRep of the U.S. was engaged in the trial of one of its members an effort was made to influence its decision by bringing into the debate such extraneous in fluences as this. Now, sir was that either a proper or a timely proceeing? Sir, the member from Massachusetts, [Mr. BANKS] when everybody else was cut olIby the previous question from sayin a word, seemed to me, an I hOpe I may be a lowed to say it in all courtesy, to be lyingin wait in the argument; and when my mouth was doubly sealed by the proprieties of the ease and by the previous question, he made a concluding appeal, such as one rarely bears in any court of justice where the case is one of murder or of tchighest crime known to the law. That he had a right to do, but though I am ruled out of order it I should characterize that speech of the gentleman an animated by undue “passion, ” yet I trust I may be allowed, without interruption, to remark that I should have been better satisfied, and that the House could have determined the matter with equal justice and with better temper without such an excited appeal. The prosecution in this case I must say I think has been entirely unjust to me. I will not allege more for I may be called to order. In the outset the Gentfrom Massachusetts
Mr. STEVENS. I insist this is out of order. He is criticising the mode by which the House arrived at its judgment, what was done by members, what took place here before judgment which a man called for sentence has no right to refer to. he SPEAKER. The Chair sustainn the point of order; and will read from page 74 of the Journal: “No ‘prior determination of the House is to be reflects on by any memberunless he meansto conclude With a motion to rescindit."
Mr. ROUSSEAU. That is the furthest from my intention.
Mr. STEVENS. There is no mistaking the course of his argument, and I object. Instead of the House I ask
The SPEAKER whether the respondent is not to be reprimanded according to the order of the House.
The SPEAKER. The Chair will read an; other sentence from the Manual: "The consequences of a measure may be ropro hated in strongterms; but to arraurnthe motivesof thosewho propose to advocate it, is a personality, and againstorder."
Mr. ROUSSEAU. I have found no fault, and did not intend to find fault, with the decision of the House. It had the right to make it, and I will submit to it. I am speaking of other facts. Am I allowed to do that? Am I not allowed to say that members of this House who were to be my judges went before the committee nd prosecuted the case against me? Am Ialowe to say that?
The SPEAKER. The Chair does not think the gentleman has the right to denounce the motives of members who voted on this proposition.
Mr. ROUSSEAU. Why, sir, how often must I repeat that I am trying to conform to the ruling of the Speaker? I am speaking of the manner by whieh the judgment of the House was soughtto be influenced. If I am not allowed to discuss that, then I have nothing to say. My argument will not require me to impugn motives.
Mr. BANKS. I do not doubt the Gentfrom Kentucky meansto do exactly as he says, to speak in vindication of himself, and not to impugn the motives of the House or the members of the House; but he certainly does do that when he says the member from Massachusetts lay in wait.
Mr. ROUSSEAU. I said “lying in wait in the argument." I did not mean the words as personally olfensive, and so stated.
Mr. BAAKS. The member from Massachusetts spoke on that question because he was violently assailed, and because the committee was violently assailed, in the report made, and because by accident the Gentfrom Ohio, who was entitled to an hour to close the debate, sto ped before that time had expired and yielde to him. ment; it was puromccident.
Mr. GARFIELD. Will the gentleman give way for one moment?
Mr. GARFIELD. I have never doubted that the remarks made by me on the subject before the House a few days ago, to which the gentleman refers, were in order. I am not aware that an sentence I then uttered was out of order. I 0 not know that my motive for pursuing any given line of argument on that occasion is a proper matter for comment by the Gentfrom Kentucky, [Mr. Rous seau] I certainly was not conscious of using any unfair argument, nor of being influenced by passion or any unworthy motive. I shall not enter into that question, but I desire to say that ifthe action of the House in this matter can be reviewed, and the motives and suggestions of every gentleman who has spoken on the subject can now be animadverted upon by the party under censure, it is simply reversing the order, and subjecting the House to the reprimand of the offender, instead of his being reprimanded by the House. I hope, sir, that the House will command that obe ience to its authority which is due from every member.
Mr. BOUTWELL. IJISG to apoint of order. The House has already passed judgment upon the remarks made on that occasion as wel as upon the conduct of the gentleman.
The SPEAKER. The gentleman has the consent of the House to make a personal explanation, but the Chair does not think it goes to the extent of reproboting the action of the HoRep. If that could be allowed, then the gentleman whois now before the bar of the House would have the right to inflict a reprimand and censure upon the ease for dereliction of duty in some particular.
Mr. ROUSSEAU. I am not reprobating the action but the nonaction of the House. Nor can I understand that reference to the mode in which my case has been prosecuted by particular members of this House is a re ri mand upon the collective House or 0. ref ection on its judgment; yet I will pass the matter by.
Mr. JENCKES. Is it in order to withhold the consent of the House to allow the personal explanation?
The SPEAKER. It is not. The House has consented to allow a personal explanation. The gentleman can require that a majority of the House shall consent to his proceeding further in order. When the Chair sustains the point of order that ends his power. Any member can then requireAvote of the House whether the member shall roeeed in order.
Mr. ROUSSEA l. I was going on to say, Mr. Speaker, that I felt aggrieved by the abuse that I thought I had received upon this floor; but I waited for the House to take action in the matter. I was also informed on the day after the occurrence took place, that the member from Iowa would tender me a written apology. That, together with the reasons assigned, caused the delay, and I waited until Thursday. No member of the House having called the matter up or taken any steps to assert the dignity of the House, assailed as it had been, perha)S by myself as well as the other member, I thong tthe matter had assumed an entirely personal aspect, and, as such, my only remedy was in my own hands. But I wish the members of the House to believe that it was the last thing in my mind, to offer an indignity to this body. I think I evinced my respect to the House. I think I could not have given a higher evidence of my regard for the peace and di uity of this House than I then manifested; an I assert my belief that scarcely a member on the floor would have submitted to what I did. I went beyond the walls of this Chamber to adjust the matter. I did not think it was a privilege secured by the Constitution of the U.S. to members of this Housoto denounce, defame, and slander any person upon this floor. I did not believe that it was the privilege of one member of congress to slander the character of another member.
Mr. PRICE. I make the point of order that my colleague [Mr. GRINNELL] not being present, and the remarks of the gentleman being calculated to reflect upon him very severely, the are not in order.
The SPEAKER. The Chair sustains the point of order. The House has passed judgment on the entire transaction, and it is not now open to review.
Mr. ROUSSEAU. Very well; I did not in tend to be out of order. I wish to read from Judge Story on this subject.
Mr. STEVENS. As it seems impossible to confine the gentleman within the ruling of the Chair, I ask that he be required to take his seat.
Mr. WARD. I move that the Gentfrom Kentucky [ML Rousseau] be allowed to proceed in order.
The SPEAKER. The Chair has stated what he regards as in order.
Skip Skip The question was taken on Mr. Wmbls motion; and there were ayes 78, noes 31. So the motion was agreed to; and Mr. Rocssnsu was allowed to proceed.
Mr. ROUSSEAU. I am much obliged to the House for giving me this permission, and I shall occupy its time but a few minutes further. I wish to know, now, if it is in order to have read those extracts from Mr. GRINNELL’S speech, which are included in the report of the committee?
The SPEAKER. The Chair thinks not. It is opening up the question anew, and the Chair would have to give the floor to the Gentfrom Iowa to reply.
Mr. ROUSSEAU. Very well; I yield, then, the whole matter, since the ruling of the Chair manifestly excludes about all that I wish to state by way of explanation. I wish to say now to the House that I am here today to submit to the punishment the House has chosen to inflict upon me, but I am unwilling that my constituents in my person shall be subjected to reproofin this we., and I look upon a seat in Congress as worth less when coupled with an imputation which rests alike upon constituents and Representative. I have sent my resignation to the postoffice in this building and I send a copy of it to the Clerk’s desk and ask that it may be read. In thus resi ning my seat I wish to ad with emphasis thatIam not seeking to avoid, much less to evade, the judgment of the House, for I am here to receive it. [shall submit cheerfully to our final action in the matter.
The Clerk read as follows: WASHINGTOR.D. 0. July 21, 1866. Govamvon: The majority in the HoRep of the U.S. have directed
The SPEAKER to havemebroughtto the bar of the house and therereprimand me or an assault on the member from Iowa for unbearable insults by ofljered mo that member. I feel that thil sentenceis umust to the people I represent.as well as to myself and I am unwilling they should be thus humiliated in my personastheir Representative. I thereforerespect ully resignniy officeasineniher of Congressfrom the 5th CODRI'BP‘FlOdHiBstlrietot'Kentucky, and begleavo to forward thesameto you. I have the honor to be ke" LOVELL n. aoussasu. His Excellency Tnoius E. BRAMLETTE, Governor of Kentucky.
Mr. SPALDING. The resignation of the member from Kentucky [Mr. Rousssau] having been tendered by iim, I move that he be discharged from the custody of the Sergeant at Arms.
Mr. STEVENS. The resignation has not yet been accepted, and therefore he is still a member of this House. Even if his resignation had been accepted, and he was no longer a member of this House, it would make no difference. The motion of the Gentfrom Ohio [Mr. SPALDINGens a most extraordinar one, and I be e the case will not think 0 adopting it.
Mr. SPALDING.‘ I wish to say one or 2 words 11 Qn my motion. I think the resolution oftiiis House was intended to operate upon a member of this House, a Representative from the State of Kentucky, from the 5th congressisional district of that State. We have no longer a Representative here from the 5th congressional district of Kentucky to deal with, and the res olntion, therefore, becomes ine perative. l And I do not know how this House can come to any I other conclusion than to dismiss the Gentfrom the custody of the Sergeant at Arms. I made the motion in good faith; ifI am wrong I am open to conviction.
Mr. STEVENS. The Gentfrom Ohio, [Mr. ‘Srsi.nmo, ] who has made this motion, offered a resolution, as chairman of the select committee, which was adopted by this House which directed that persons not members of this House be brought to the bar of this House to be dealt with as the House has directed. The mentioning a person as a member of this House from Kentucky was a mere description I of the man.
Mr. STEVENS. whether it was Lovau. H. Rousseau or any other man who attacked a member of this House for words spoken in debate, the House has the same power over the matter. And while I cannot account for many things that took place during the trial, this motion made by the chairman of the committee is still more unaccountable to me.
Mr. HIGBY. I have listened to all that the gentleman has said, and I would like to ask ima question. I desire to know in what capacity the Gentfrom Kentucky [Mr. ROUSSEAU] has come here and addressed the House this morning for half an hour whether It makes no difference}1l ly simply as a private citizen or as a member of this House. If the Gentfrom Kentucky has ceased to be a member of the House, and become a private citizen, I would like to know at what precise time he ceasedto beamember.
Mr. ARDING, of Kentucky. In response to the gentleman, I will say that my colleague did not come here at all. He has been in cus tody, and he has been ke t here. He has been in the custody of this ease; and no matter what his character may be, he was allowed by the courtesy of this House to make a personal explanation. But, sir, that does not change the law of the case at all. It is sufficient to know that, before this House proceeds to execute judgment, my colleague ceases to be a Representative; and you cannot, therefore, execute the judgment of the House on him in that character at all, no more than you can execute the judgment of a court after the cul prit has departed this life. When the culprit dies, the judgment of the court also of necessity dies. So the representative character with which my collea e was clothed, and in which this House tried imand sought to punish him, has departed before the execution of the judg ment, and he is now, to all intents and purposes, a private citizen.
Mr. G'BY. I understood the gentleman to say that his colleague had been in custody. I suppose he means of an officer. If such is the act, it is news to me. }
Mr. HARDING, of Kentucky. I mean constructively in custody.
Mr. BANKS. I would like to occupy a very few minutes upon this question.
Mr. HARDING, of 'entucky. I will yield to the Gentfrom Massachusetts.
Mr. BANKS.Mr. Speaker, I cannot sustain the motion of the Gentfrom Ohio, [Mr. Susanna] the c airman of the select committee, on the question of privilege. That motion, as I understand, is based on the theory that the Gentfrom Kentucky is not a member of the House. Sir, he is a member of the House. He cannot dissolve his connection with this House as a member by any act of his own. The resi nation of a member must be accepted by the House in order to release the member from his obligations to the House. This is well establishe parliamentary law. This House is created y the constitution and according to the forms of the Constitution; and it cannot be dissolved by any other not than its own during the time for which it is appointed. It cannot be dissolved by the voluntary act of any number of its members who may choose upon their own judgment to resign their positions. I understand it to be a well established principle, and I believe it to have been acted upon by this House, that a member cannot of his own will, without the consent of the House, resign his office and be absolved from his obligations as a member.
Mr. HARDING, of Kentucky. Well, Mr. Speaker, the Gentfrom Massachusetts [Mr. Bssxs] is an experienced parliamentarian perhaps a much better parliamentarian than lawyer; I do not know how that is. But is not the doctrine which he has advanced most strange? What does it amount to? That a member of this House cannot resign his position to his constituents without the consent of this House. Sir, from whom did the gentleman receive his power, whom does he represent? His constituents at home most certainly. They clothed him with the office. I do not suppose that side of the House will oppose that position, that the power of representation belongs to the peop e, and it is not within the power of the nation or any State to trammel it.
Mr. KELLEY. Will the gentleman yield to me for a moment?
Mr. HARDING, of Kentucky. For a question.
Mr. KELLEY. I ask the indulgence of the gentleman for a moment for the purpose of inviting attention to what was the informal action of that side of the House at n. former stage of the present case. It so hap ened Mr. Gases CLAY Sin rs paired himse f on this question with 2 gentlemen.
Mr. HARDING, of Kentucky. I decline to yield further.
Mr. KELLEY. He had gone to Montana and resigned. Those gentlemen submitted it to this side of the House whether his having forwarded his resignation, to which fact I cer tified, released them from the pair, and Kentucky then held that a member did not cease to be such until his resignation had been accepted. So the 2 members were kept silent by a pair with what is now called a dead or non-member.
Mr. HARDING, of Kentucky. I ask the Gentfrom Pennsylvania to say whether he has any knowledge that Mr. Gaaas'Cur Sm'rn has resigned. I am told he has not.
Mr. KELLEY. I then stated on the floor that Mr. Guess CLAY Smru had forwarded his resi nationto Kentucky, and was aboutenterin on the discharge of his duties as Governor of Montana.
Mr. HARDING, of Kentucky. I was in formed of the reverse at that time when his pair came u; Iwasinformed that he had not resigned. he gentleman did not state it then, and I do not believe now that he has resigned. I believe he ought to have resigned. [Laughter.] My belief is now that he has not resigned. Mr. BENJAMIN rose.
Mr. HARDING, of Kentucky. Let me an swer one gentleman at a time. If the gentleman had said he had knowledge of the fact that Mr. Guess CLAY Sam: had resigned, I myself' would have op used his voting here. It is well known that Ipnever sought to have his vote or action here. Laughter.] He may go to Montana, or anyw ere else, for me. I was told he had not resigned. As a matter of fact, when it comes to be looked into, I think itwill be found he is drawing his salary today as a member of Congress. Ihope I may be mistaken in re rd to that.
Mr. KELLE. The gentleman fails to note that I had announced Mr. Gauss CLAY Sm'rn had informed me he had forwarded his resig nation.
Mr. ROGERS. Has the Gentfrom Pennsylvania a right to address the House? The SPEAKE. He has, if the Gentfrom Kentucky does not object.
Mr. HARDING, of Kentucky. The gentleman did not state within my hearing that Mr. Sm'ra had resigned.
Mr. HARDING, of Kentucky. I do not yield. If the gentleman stated the fact, it did not come to my hearing. I think
Mr. Slu'rn ought to have resi ed. I believe he has not resigned. I am to d be has not. I have made these remarks to exslain in own position. I hope he has resigne, but do not believe he has. But so far as that case is concerned, it makes no figure here. I return, then, for a moment to the gentleman’s most extraordinary position that a member of this House cannot resign at all or vacate his seat in the House. I would suggest whether it will not be most fortunate or convenient at this time never to grant leave to any man on that side of the House to resign, for just as certain as he goes home and a new election is ordered, the copperheads will beat him and you will never get him back again. So you had better practice on that doctrine and let no member 0 this pure body vacate his seat lest you should fail to get as good a non-back a sin.
Mr. HARDING, of Kentucky. 'or what purpose?
Mr. PRICE. I merely want to verify a statement.
Mr. HARDING, of Kentucky. What state ment? I do not want any indorsers.
Mr. PRICE. I wish to say to the Gentfrom Kentucky that this is a verification of the prophecy which says that “ in those days false prophets shall arise.” [Laughter]
Mr. FARNSWORTH. Will the Gentfrom Kentucky yield?
Mr. FARNSWORTH. I suppose it is well settled that this House has power to punish for contem)I, and in the exercise of that power it may or'er a member to be committed tojail and held in custody for a time. There is no doubt about that suppose the House in its inrlgment in this caseh ‘cpt in jail or in confinement for one month. Does the Gentfrom Kentucky hold that he could the next day after being committed offer his resignation, and make it the duty of the marshal to turn him out of jail?
Mr. HARDING, of Kentucky. What I hold is very plain and the gentleman need not misunderstand it. I hold that no actof Mr. Roos smu afterjndgment is executed, can have any elibet upon that judgment. But. prior to it, suppose a man dies; sentence has gone against him and the sheriff on a day certain is to execute it. Now, sir, I appeal to every fair minded man if this is not a case against my colleague to ulfect him, if judgment is to be pronounced and executed against him in his representative character or in any other character. It was never contemplated for a moment by any man concerned in this transaction that he was to be punished as a private individual. I grant, when you take a man as a private individual {on may punish him as such. but who does not now that the judgment. of this House is pecu liarly appropriate for the punishment of its own members?
Mr. NIBLACK. Will the Gentfrom Kentucky yield to me for a moment?
Mr. HARDING, of Kentucky. I will in a moment, butnot now. When I wasinterrnpted, I was proceeding to say that every man must admit that the judgment of this House was inlended to operate on my former colleague in his representative character, and he havmg resigned that character is gone, and therefore, that character having departed, it seems to me that no punishment. can be executed now under the judgment on him in his representative char B Clvr. But I have this to say in addition, that certainly all the purposes of public justice are an swered when the ‘udgrnent of this House has been executed to the extent that.General Rous seau is no longer a member, but has abandoned his place here by resignation. That is equiva lent to the 1st and strongest resolution reported by the committee. The committee sought to expel him. By his own not he is now expelled. Is there any man who feels a disposition to pursue him further? Does not charity require that we stop there? We sought to expel the man. Failing in that, we passed a resolution less severe than that, and now, by his own act, ho is expelled; he has forfeited his seat. Ought not that to satisfy all proper feeling? Can there be any purpose to go further and torture this man as an individual when he is no longer a representative‘? Why, surely not. at, sir, I do not want. to detain the House, asl know there are several other gentlemen who desire to make some remarks. I want, however, to say this: that since I have been on the floor, it has been suggested to me in regard to Guess Gnu Sun u having resigned, that he left here before his nomination was confirmed. One of my colleagues informs me that Mr. Dil lon, the clerk of the Sergeant at Arms, informed him that he intended to hold his seat and draw his pay until the 1st of August ornot to draw ni. pay, but to hold his place. I will yield now for 5 minutes to the Gentfrom Indiana, [Mr. Nausea]
Mr. NIBI.ACK. The Gentfrom Kentucky PMr. Hsumxo] has alreadyso fully gone over he ground which I proposed to go over that I shall have a very fiiw words to say to the House. I submit to the House that in asmuch as the 1st effort of the House to in Iliot punishment in this case has failed, and ad ordered him to be I inasmuch as a substitute was adopted, that the Gentfrom Kentucky be reprimanded, and the Gentfrom Kentucky has resigned his seat, the effect of the resolution Originally adopted has been attained. The departure from the House of the member from Kentucky practically operates as an expulsion from his seat Now, I submit to gentleman upon all sides, that if we should attempt to go beyond that, and to inflict this penalty upon the late Representative from Kentucky, he no longer being practicallya member of this this House, it would savor too much of perse cution, of a personal infliction of penalty; and the moral effect that has been accomplished b' the adoption of the resolution in the 1st place will be destroyed. I therefore, as the member from Kentucky t[Mr. HARDING] has remarked, submit that in airness and charity, and as a matter of good taste, we ought now to discharge the late representative from Kentucky from the custo y of tlle Sergeant at Arms, and allow him to go free withoutfurlhef mortifiention. In all conscience we have hu miliated him enough when we have adopted such action as has driven him from his seat. I do therefore think that waiving all question of right or power, waiving the question as to whether his resignation has taken effect or not, whether technically he isto dny a member of the House or not, we ought in fairness and in justice and in courtesy to discharge him, and not insist upon this reprimand which certainly was only intended to operate upon him as a member of this body.
Mr. JOHNSON. Will the Gentfrom Kentucky [Mr. HARDING] yied to me fora few minutes?
Mr. HARDING, of Kentucky. I will yield for 5 minutes.
Mr. JOHNSON. The proposition before the House is to discharge the Gentfrom Kentucky [Mr. Rousseau] from the custody of the Sergeant at Arms. That proposition may be based upon 2 ideas: it may be based upon the idea that he has resigned his office as amember here. Upon that proposition I think we can have no trouble at all; for if it be true legally that he has resigned his office, parted with it, surely we ought not to exercise jurisdiction over him, even if we had the power so to do. Gentlemen an that he cannot be considered as having realled until his resignation has been accepted. ow, I differ upon the legal proposition. The matter of resignation is similar in many respects to the question of losing one’s residence. It is a question of intention entirely. A person may part with his residence, and have a residence nowhere until it attaches to some other place. He may lose his residence in one place y his own not for a considerable time, during which it may not attach to any other place. The question is, has the office of Representative, 11member of this body, parted from the Gentfrom Kentucky, [Mr. Roussmnfl He has resigned his office; c has written his lotter of resignation; he has laid down the office by his own act. It is no answer that that resig nation may not have yet been received and accepted by the proper party. The office has gone from him.
Mr. SPALDING. Will the Gentfrom Pennsylvania [Mr. Jouusou] yield to me for a moment?.
Mr. JOHNSON. I hold the floor by the courtesy of the Gentfrom Kentucky, [Mr. Hsunmoj If he will consent I will yield.
Mr. HARDING, of Kentucky. I have no objection.
Mr. SPALDING. I will modify my motion so as to have it read that the resignation of Lovnm. H. Roussusu, a member from the 5th congressional district of the State of Kentucky, be accepted by this House.
The SPEAKER. The Chair will state that if the resolution, as now modified by the Gentfrom Ohio, [Mr. Srsunso] should be adopted, the Chair will be compelled, upon the demand of any member, to proceed to execute the order of the House. In the 34th Congress, with on] 17 votes in the negative, the House 0 Representatives expelled a member after he had resigned, and after his letter of resignation had been read in the House; and if the Gentfrom Ohio modifies his motion as he has indicated the Chair will feel required, upon the demand of any member, to execute the order of the House.
Mr. HARDING, of Kentucky.Mr. Speaker, I now desire
Mr. GARFIELD. I rise to a point of order, and that is that this House has no right to accept a resignation of one of its members, and therefore it is not in order to submit such a motion.
Mr. BANKS. Yes, we have the right to accept a resignation. As there is a question about the right of a member to resign is seat in this body, I think it should he settled delib erately. I ask that a paragraph be read from Cushing's Manual upon the subject of resignations.
The Clerk read as follows: "After the meetingof the Assembly"
Mr. HARDING, of Kentucky. I rise to a point of order.
The SPEAKER. There is one point of order alrcarlv)ending.
Mr. HARDING, of Kentucky. The Chair ruled the other day when I wanted to have a statute read which this House was about repealing, that it was not in order, as being in the nature of debate.
The SPEAKER. The House was then acting under the opertion of the previous question; it is not um so acting.
Mr. HARDING, of Kentucky. I under stbalnd thata question of order is not debat a o.
Mr. HARDING, of Kentucky. I object to the reading'of this extract as being in the nature of debate.
The SPEAKER. A member who hasraised a point of order has a right to give his reasons for making the point.
Mr. HARDING, of Kentucky. I object to the reading of this extract as being in the nature of debate.
The SPEAKER. The Chair overrules the point of order. The Clerk then read as follows: “Afier the meetingof the Assembly and the acceptanceand qualification of the mom ors, anyone may at pleasurerosnrn his office.which wrll, at all events.he offectualif accepted.unless them is some 4 Iefxpressprovision oflaw or otherwisetothocontrar. a memberdesiresto resignwhile the Assembly in session, his resignationshould bemadeto the assemblyitself; if afterward, to the officer, if there is one, s ccially provided or appointed by law to re ccivo it: andif there is no such provision. it would seemthat the right of resignationin such a casecan not beexercised. lresignation takeseffectfromthe time when it is accepted, or presumedto beso; or it. may be, whenit is received or when there is a prosumptionthat it hasbeenreceived."
Mr. ROGERS. I desire to ask whether the extract which has iinst been read has not relation exclusively to this Legislatures of the States.
Mr. BANKS. No, air; it is universal par liamentary law. Mr. Speaker, if there be a vacancy by the resignation of a member of the House, it not be filled until the Governor of can the State is notified by The SPEAKER that there is such a vacancy; that is, it cannot be legally filled. For this there is a precedent in the English books.
Mr. RADFORD. I desire to call the attention of the Gentfrom Massachusetts to the case of Mr. Stebbins, who was a few years 0amember of this House from the State of NewYork. He resigned during a recess of Congress, and this House had no notice of his resignation, and no action was taken by it on the subject.
Mr. IlANKS. That is very probably true, because generally no question is made. When a resignation is sent in it is generally accepted as a matter of course.
Mr. RADFORD. In the case I speak of no resignation was sent to this House at all and no action was taken by the House on the question.
Mr. BANKS. The resignation, I presume, was accepted as a matter of course.
Mr. ROGERS. I desire to make a single suggestion to the gentleman. In the case of the Sens&Reps who resigned just before the breaking out of the rebellion it was not questioned, I believe, by either House that they had the right to resign and vacate their seats in Congress, and that neither House, nor both Houses together, had any power or control over the matter.
Mr. BAN KS. The resignation of those members was accepted because no objection was made.
Mr. ROGERS. If my recollection is correct, the question was raised, and it was decided almost unanimously that there was no power in either House or in both Houses to prevent those members from withdrawing.
Mr. CONKLING. Yes, “withdrawing;” but the did not resign.
Mr. ANKS. The case suggested by the Gentfrom NewJersey is one of revolution. It is not a case applicable to the view I am now resenting.
Mr. T IMBLE. I desire to ask the gentleman whether there is any law in this country to compel a man to hold an office against his vn. '
Mr. TRIMBLE. Has not any member of this House, then, the right to resign to the people who elected him?
Mr. BANKS. A member of this House cannot resign without the consent of the House. Mr. Speaker, I desire to read a passage from May's arliamentary Practice which states the practice of the English House of commons as late as 1852: In December, 1852.several members accepted qf live under the Crown against whose return clect on petitionswere pending. After much consideration it was agreedthat where a Void election only was alleged a newwrit should be issued.but.where the seat was claimed the writ should be withheld until after the determination of an election oom mittee on that claim.”
Mr. RAYMOND. I desireto call attention to a case which occurred in the House some years ago the case of Preston S. Brooks. In that instance a resolution of expulsion was brought before the House, but failed to receive the requisite 2/3rd s vote. After that Mr. Brooks asked permission to makea personal explanation, which was granted; and at the close of his speech he made this announcement: "And now.Mr. Speaker, I announceto you and to this Housethat I am no longer a member of the 34th Congress." No objection was made by any member; all proceedings were suspended; no further resolution was ado ted. How far that case may be a precedent leave the House to determine.
Mr. BANKS. Permit mcwBay, Mr. Speaker, that the case constitutes no precedent whatever. The proposition was to expel Mr. Brooks. The 2/3rd s vote necessary for expulsion was not obtained. Mr. Brooks expressly desired to withdraw from the House “as a member, and no objection was made. His resignation was tacitly accepted.
Mr. RAYMOND. That appears to me a precisely arallel case.
Mr. BAI KS.“ Not at all. In this case the House has resolved that the member shall be reprimanded, and the order of the House is yet unexecuted.
Mr. GARFIELD. I will only say a word, and then surrender the floor to any gentleman who wants it. A member of this House
Mr. HARDING, of Kentucky. Is the Gentfrom Ohio entitled to the floor?
The SPEAKER. The Gentfrom Ohio has the floor to state his point. of order, but he cannot go into any elaborate argument.
Mr. HARDING, of Kentucky. Is there not one point of order pending?
The SPEAKER. The Gentfrom Massachusetts had extracts read for the purpose of supporting the point of order.
Mr. GARFIELD. I rise to support the point of order on this ground: that the resolution submitted by my colleague [Mr. SPALD lNu] accepting by this House the resignation of the Gentfrom Kentucky [Mr. Rous SEAU] is not in order, because this House has no power to accept his resignation. He holds his commission or right to membership here, not from the House, but from the people of his district. When he came here he brought credentials from the Governor of his State; and when he resigns he must resign to the power that put him here. He must resign through the Governor who gave him the credentials by which he was recognized here. The officer who introduced him to the House, namely, the Governor of his State, who sent him here with credentials, is the person to whom and through whom his resignation goes back to the people. The Constitution declares that when vacancies happen in the representation of any State the executive authority shall issue writs of election to fill such vacancies. The Governor of the State is the officer to an nounce the vacancy and call an election for filling that vacancy. It seems to me, therefore, that the matter is within the power of the House, according to the)recedent cited, where a member of another congress was expelled after he had resigned.
Mr. JOHNSON. I rise to a question of order. I submit to the House the impropriety of our discussing the acceptance of a resignation which is not here. It is not on the S cak er’s table. There is no resi nation ten ered to this House at all. The Gentfrom Kentucky has informed the House that he has resigned to the proper party, the Governor of Kentucky, for notice to the people who sent him here. He presented acOpy to this House, but he has not tendered his resignation to the House. He has only informed the House that he had forwarded his resignation to the governor of Kentucky. Yet we are talking about the gentleman’s resignation when he has not sent it to us. He has no right to send it here. It is not necessary that he should resign to the Houfie. We have no custody of the matter at a
The SPEAKER. The Gentfrom Ohio makes the point of order that the House has no right to accept the resignation of the member from Kentucky, and the Chair submits the question to the House.
Mr. HARDING, of Kentucky. Is it in order to make remarks on the point of order?
The SPEAKER. It is if confined strictly to the oint.
Mr. SCHENCK. I make the ointof order that the Gentfrom Kentuc 'y has already occupied the floor.
Mr. HARDING, of Kentucky. This point of order was s rung upon me and I had to surrender the cor. Q
The SPEAKER. The gentleman is entitled to 21 minutes on the original proposition. The Chair understands that he wants to submit a few words on the pending point of rder.
Mr. HARDING, of Kentucky. I do not see why there should be any anxiety about my saying a few words. I am not asking the gentleman's courtesy for that privilege. In regard to the point of order, I understand the resolution of the Gentfrom Ohio, [Mr. SPALoIso] the chairman of the commit tee, to be that, having resigned, (of which he was glad,) the House hould accept the resig nation with0ut proceeding to execute the judgment against the Gentfrom Kentucky. That is the whole of it, and I hope it will be adopted. The idea that a man is tied up and cannot resign his seat without the House accepting the resignation is merely ridiculous, and does not deserve argument. A man receives his power and authority from his constituents, and to them and them alone he resigns. The Governor cannot prevent it. The only question is whether he has done it. It is a right that he can avail himself of any moment, and this Congress has no sort of power over that right.
Mr. STEVENS. Will the gentleman allow me to ask a question?
Mr. HARing, of Kentucky. Well, sir, I have not “any generosity” at this moment, and cannot yield. [Laughtea] I believe, however, I will be generous and yield. [Laughter]
Mr. STEVENS. I believe with the gentleman, that this House has no power over a resignation. It is always made to the Governor and to him alone, and he accepts it. ButI ask the gentleman whether he has not heard of a dozen cases where after resignation has been tendered it was withdrawn. I have known several in this House.
Mr. HARDING, of Kentucky. The gentleman concurs with me, as I was sure he must, that it is little less than absurd to contend that this Congress has any power or control over a member’s right to resign. Then, the only remnining question is, whether he has resigned or not. he Governor has no power to control his resignation, and the authority read by the Gentfrom Massachusetts [Mr.BANKS] related to the legislative body of some State.
The SPEAKER. The gentleman has concluded his remarks on the point of order. The Chair has already decide that if this resolution should be agreed to. as the HoRep claims jurisdiction even wheres member has resigned, and has, in the 30 4th Congress, expelled a member after re signing, the Chair would be compelled, on the demand of any member, to execute an order of the House.
Mr. HARDING, of Kentucky. Unless the House has discharged him from custody.
The SPEAKER. That is not the question before the House. The Gentfrom Ohio has modified his resolution, so as to propose that the House accept the resignation is colleague has raised the question that the House has no right to do it.
Mr. HARDING, of Kentucky. The time has not come for the execution of the reprimand.
The SPEAKER. When the time comes that will be subject to apeal.
Mr. GARFIELD. I emaud the previous question.
Mr. ALLISON. What is the position of the original resolution?
The SPEAKER. It is modified, so that instead of discharging the member from the custody of the Sergeant at Arms, it now ro pjoses that the House accept the resignation. pon that the Gentfrom Kentucky raises the point that the House has no power to accept it.
Mr. SPALDING. I withdraw the resolution altogether.
The SPEAKER. There is nothing before the House.
Mr. ALLISON. I ask that the order of the House be enforced.
Mr. SCHENCK. I ask the Gentfrom Iowa. to yield to me for a few minutes.
Mr. HARDING, of Kentucky. I rise to a question of order. I was cut oif in the middle of an argument on this point of order.
The SPEAKER. That is very true, but the Gentfrom Ohio had a right before the vote or decision to withdraw his resolution or to modify it.
Mr. HARDING, of Kentucky. I ask the privilege of renewing it.
Mr. flLDRIDGE. How did the gentleman 'from Ohio get the floor?
The SPEAKER. He had the right to with I insist upon the predrnw it.
Mr. ELDRIDGE. But not to take a gentleman off the floor?
The SPEAKER. Certainly; he would, perhaps, have no other opportunity. That is too clear even for a point of order to he made upon it. If a member has the right to modify his proposition the recognizing of another gentleman on the floor cannot cut off that right. The Gentfrom Kentucky proposes to renew the proposition. The Gentfrom Iowa has (remanded the execution of the order, and unless that order is rescinded the Chair will proceed to execute it.
Mr. HARDING, of Kentucky. I appeal to the gentlemau from Iowa [Mr. ALLIsox] to with raw the previous question, and then I will renew the resolution.
The SPEAKER. It is not the previous question; it is the execution of the order of the House.
Mr. HARDING, of Kentucky. I ask the gentleman to allow me to renew the resolution.
Mr. ROSS. I raise the question of order that sentence cannot be executed until the members from Tennessee are admitted and the oath of office is administered to them. [Laughter.]
The SPEAKER. The Chair overrules the point of order. No Representatives can be admitted from the late confederate States except by JtResolution under the action of both Houses.
Mr. RANDALL, of Pennsylvania. I submit a question of order. The Gentfrom Iowa insists that the order of the House be now executed. I inquire whether it would not be in order for any member of the House to move that the further proceedings in that connection be dispensed with.
Mr. ROGERS. Is it not in order to move to lay the proposition on the table? TheSP AKER. Reertainlyisnotine rder. The Chair is of o iinion that a motion to rescind must be made by some member before the execution of the order of the House shall have been required by any member. Therefore it is too late, unlcss with the consent of the gentleman who demanded the execution of the order.
Mr. RANDALL, of Pennsylvania. I hope the Gentfrom Iowa will allow that to lie olfered in good faith, without any disrespect.
Mr. ALLISON. I regret thatl cannot yield for that iurpose.
Mr. T IMBLE. Would it be in order, in asmuch as the relation of Mr. Rousseau has changed since this report, to move to recommit this whole matter to the committee?
The SPEAKER. It would not. There is nothing hcforo’the House except the execution of the order. The only method would be to raise the pointof order as to whether the Chair could execute the order, and upon that the Chair would rule.
Mr. TRIMBLE. The Chair decides that the motion to recommit is not in order.
The SPEAKER. Certainly. This resolution was adopted several days since, and in regard to the execution of the order it has been subject at any time. from the hour of the adoption of the resolution, to be called up and its execution demanded by any member. The Chair has waited the action of the committee. During all that interval any gentleman could have moved to rescind the resolution, and any member could have demanded the execution of the order. But the motion to rescind not having been made before the Gentfrom Iowa demanded the execution of the order, the Chair will proceed to execute the order. That is subject, however, to a peal.
Mr. HARDING, of l Kentucky. I raise another question of order, and I will state it as briefly as I can. It will be remembered very distinctly by The SPEAKER that the Gentfrom Ohio [Mr. Srswmo] had moved his res olution; that was pending, and on that I had the floor. While I had the floor, and was yielding it to some members a few minutes at a time, the Gentfrom Ohio [Mr. SPAID 1NO] arose in his seat and said he would with draw his motion. Assuming that he had the right to do so, I immediately stated that I wanted to renew his 1st motion, but in the noise and'confusion here I suppose I was not heard. Now, am I to be cut off from my right to renew that motion, when I had the floor at the very moment the Gentfrom Ohio withdrew his last motion?
The SPEAKER. The Chair will decide the point of order, and in doing so will make a statement of the facts of the case, which he will call upon the Gentfrom Kentucky [Mr. HAHnIne ] to verify. The Gentfrom Ohio [Mr. SPALDING] originally moved that the Gentfrom Kentucky [Mr. Rousssw] be discharged from the custody of the Sergeant at Arms, and relieved from the further operation of the order of the House. The Gentfrom Kentucky [Mr. Hannmo] took the floor to speak upon that motion. After a time the Gentfrom Ohio appealed to him to yield for the purpose of allowing him to mod ify his motion. he Gentfrom Kentucky yielded to him, and.the Gentfrom Ohio modified his motion so as to make it a motion to accept the resignation of the Gentfrom Kentucky, [Mr. Rousseau] Thereupon the Gentfrom Ohio [Mr. GARFIELD] arose to a point of order upon the motion as modified . That oinl. of order was argued at some length, andtion the Gentfrom Ohio [Mr. SI'ALDING] arose and withdrew his motion as modified, which he had a right to do. The Chair then stated that there was no motion before the House. The Gentfrom Iowa [Mr. ALLISON] then arose and demanded the execution of the order of the House. The Chair would ask the Gentfrom Kentucky [Mr. HARDING] if that statement is incorrect in any particular.
Mr. HARDING, of Kentucky. A little, I t in '.
Mr. HARDING, of Kentucky. Just in this respect: the Gentfrom Ohio {Mr. SPAM)ing] modified his motion with my consent; that is all correct. Then I retained the floor l and debated the question some ten or 15 by this point of order. the House., me, and said he withdrew his motion. mediately said I desired to renew his original Iowa [Mr. ALLISON minutes before any point of order was made. Yielding momentarily to a few gentlemen around me, I was then interrupted and stopped Now, when that point of order had been disposed of I had a right to be placed back just where I was before it was raised. But
The SPEAKER would not decide that point of order, but was about to submit it to Pendin that the Gentfrom Ohio [Mr. Srsnnmtfiarosewit out consiiltiinmg motion, still being on the floor, still having a right to it. Now can the Gentfrom ] run over my right and demand the execution of the order of the House while I am upon the floor?
The SPEAKER. Did the Gentfrom Kentucky yield the floor to the Gentfrom Ohio to modify his motion?
Mr. HARDING, of Kentucky. Not to with draw it.
The SPEAKER.‘ But the gentleman yielded to have the motion modified '2
Mr. HARDING, of Kentucky. Idid yield for a modification, and then argued in favor of it for some ten minutes.
The SPEAKER. Was not the oiut of order made on the motion as modifie '1
Mr. HARDING, of Kentucky. After I had a nod the motion for some minutes., the SPEAKER. That point of order was debated, and the question was about to be submitted to the House when the gentlemen from Ohio [Mr. SPALDING] withdrew his proposition, which took the Gentfrom Kentucky [Mr. HARDING] from the floor, there being nothing before the House for its action. Thereupou the Gentfrom Iowa [Mr. ALLISON] obtained the floor and demanded the execution of the order of the House.
Mr. HARDING, of Kentucky. Was I not entitled to the floor to renew the original motion of the Gentfrom Ohio, [Mr. SPALDmo?]
The SPEAKER. The Gentfrom Iowa [Mr. ALLISON] had preference, from the fact lhat he had not spoken at all upon this subject, while the Gentfrom Kentucky [Mr. Hm!) Ixu] had s oken both upon the motion of the Gentfrom Ohio [Mr. SPAIDING] and upon the point of order. he Chair therefore recognized the Gentfrom Iowa, as he would have done any day since the order of the House was made had he arisen and announced that it was for that purpose. The Chair did notput himself forward to execute the order. because the duty devolved by it upon the Chair was such that he did not, as the Presiding Officer of this House, desire to exhibit any special zeal in the matter.
Mr. RANDALL, of Pennsylvania. I want to inquire whether it would be in order for me to move that the execution of the order of the House as demanded by the Gentfrom Iowa be postponed for the purpose of allowing me to then move that further proceedings under that order be dispensed with. ‘
The SPEAKER. The gentleman has the” right to move a postponement of the execution of the order. That is the only Inaunerin which its execution can be arrested when called for by any members A special order, even though made such by unanimous consent, can be postponed by a majority vote of the House.
Mr. RANDALL, of Pennsylvania. To show that I have no disposition to trifle with the House, I move that the execution of its order upon the Gentfrom Kentucky be post poned for 15 minutes.
Mr. Matteson, of lNewYork, finding the decision likely to be against him actually against him resigned his office, yet the House said it was not to be thus foiled, and proceeded to expel him.
The SPEAKER. The gentleman will allow the 'Chair to make a correction. In that case the House did not expel the member, but cen sured him.
Mr. SCHENCK. I thought they expelled him. No matter; they censured him. The House considered no action of the defendant, as he may be termed, affected the question of sustaining its dignity, which it is bound to sustain against officials, against citizens, against all persons, by whatever description they may be nown who shall assault members of the House and thus interfere with its privileges. I should like to call the previous question, but I do not know that I should after presenting this view of the question. I repeat, whiether LovnLL H. Rousseau is or is not a member of this House to me is not a particle of matter if he be the person in reference to whom this House has made this order, the execution of which is now called for. And it becomes the duty of the House to execute its order, either to postpone it or to make some disposition of it regardless of the question what may be the official character or the non-official character of the man against whom the order has been made.
Mr. HARDING, of Kentucky. Is not the gentleman mistaken in stating that this proceeding was against Lori 21.1.H. Rousseau 'I
Mr. SCHENCK. No, sir; the resolution passed was in these words: "Resolved.That Hon. LOVELLH. ROUSSEAUIJGsum monedto the bar of the House and bethere publicly reprimanded.”&c. He is not described there at all as a member of the House.
Mr. HARDING, of Kentucky. I beg the gentleman’s pardon; the preceding resolution, the one originally reported by the committee, did specify iis officia character.
Mr. SCHENCK. suppose an officer of the Government be indicted or and convicted of embezzlement, and beforejudgmentis rendered in his case, can he then resign? Can he by resi ning escape the judgment of the court? HARDING. of Kentucky. Will the gentleman allow the whole proceedings in this case to be heard? They will show that the whole proceeding against my colleague was in his character as a Representative.
Mr. SCHENCK. I certainly have no Objection to anything being read.
The SPEAKER. The gentleman has a right to have it read as a part of his speech.
Mr. RANDALL, of Pennsylvania. I want merely to say a few words to the House as to the reasons which induced me to make this motion. I agree with the Gentfrom Ohio [Mr. SCHENCK] that the mere fact of General Roussnnu’s resigning does not give him immunity from the punishment which the House has determined to inflict. It is to be inflicted upon him as the member from the 5th district of Kentucky, it is true, but the power still is vested in the House to punish imas a citizen for the acts which he commit ted. This is my position, and the motion whichI propose to make is that further to ceedings be dispensed with in this case. this a mere question now of propriety; a question whether sufficient has not already been inflicted upon General Rousseau for the act which he committed.
Mr. DAWES. I would like to inquire of the Gentfrom Pennsylvania Wiat has transpired since that judgment was rendered by the House that should lead the House to modify its judgment.
Mr. RANDALL, of Pennsylvania. I do not clearly comprehend the question of the gen' tleman.
Mr. DAWES. The gentleman proposes by his amendment that the House dispense with the execution of its own judgment. I inquire of him, what has since transpired that would lead the House to dispense with that judgment?
Mr. RANDALL, of Pennsylvania. I merely gave notice that I intended to offer such a prop position when in order. When offered, ifl have the opportunity, I will explain the reason for it to the gentleman.
Mr. HARDING, of Kentucky. Iyield fer a moment or 2 to the Gentfrom Ohio, [Mr. Sneunnmcen.
Mr. ROGERS. I move that the House do now adjourn.
The SPEAKER. The gentleman cannot make that motion now. The floor is held by the Gentfrom Kentucky, and he yields it to the Gentfrom Ohio.
Mr. DAWES. It was also done in the case of Sam. Houston when he was not a member of the House.
Mr. SHELLABARGER. My friendfrom Massachusetts says it was done in the case of Houston. Iliad it in my mind that Houston was a member when he was reprimanded but I assume that the gentleman is right. 'I here is, thercfiirc, not a shadow of a doubt of the power of this House to reprimand anyone, whether member or not, who has violated its privileges. Bntitis said the proceedings have I been hitherto against him as a member, and that now that he is not by reason of his resig nation a member (as is alleged) it is insisted that the power to execute the order is one. That is. one whom you may punish as a delinquent for violatin the rights of this House, withoutregnrd to the question whether he is a member or not, and “(hem you have convicted of the offense which gives the jurisdiction to this body, may escape punishment because you described him as a member (a thing you need not to have done at all, and which is mere descfiptio persome) by throwing off the office by which you have described him. It would be just as reasonable to say that he could escape punishment by removing from Kentucky to Ohio so as render the description of him in the resolution as from Kentucky:1 false one after he had removed from Kentucky. I have said what I have, Mr. Speaker, not for the purpose of securing any punishment of the Gentfrom Kentucky. I have never cast a vote so reluctant] since I have been in Congress as that to punish this gallant soldier. I have only spoken in orderto assistin coming to what I earn a right conclusion upon an important question of law as to the privileges of this House.
Mr. SCHENCK. I rise to apoint of order. The Gentfrom Pennsylvania. [Mr. RAN DALL moved to postpone the execution of the order for 15 minutes. That motion was made more than 15 minutes ago.
Mr. RANDALL, of Pennsylvania. The 15 minutes data from the moment that the House orders the execution of the order to be postponed.
The SPEAKER. That is the parliamentary rule. The Chair will state, however, to members of the House that under the rule the question of pestponement admits of but a very limited range of debate.
Mr. RANDALL, of Pennsylvania. I have tried to strictly follow the directions of:
Mr. ALLISON. I shall ask that the rule of the House just referred to by The SPEAKER shall be enforced.
Mr. RANDALL, of Pennsylvania. I now yield to the Gentfrom Ohio, [Mr. DBL sso. Thle SPEAKER. The Clerk will now read from the Journal of the House the resolution which was adopted by the House, and which was called for a few moments since.
The Clerk read as follows: “Hrimlvfll.ThatHon. Lovitu. H. Eoussiuu. ameni bar of thisHousefromthestate of kentucky, besum monedtotbe bar ot‘ this House and betherepublicly reprimandedby The SPEAKER or the violationpf its rights and privileges of which he was guilty in the personalassault committedby him upon the person of Hon. J. ll. GsisssLL. amemboroft iis llouse from the state of Iowa. for wordsspokenin debate."
Mr. SCHENCK. Allow me a moment for an explanation. I perceive that I was mistaken in regard to the description of the person contained in the resolution which was at last adopted by the House. I was not present when the resolution was adopted, but supposed it was the resolution reported by the minority of the committee. I wish to say, however, that it makes no difference in the oint I made.
Mr. DELANO. I now as that the Clerk read a resolution which I have sentto his desk.
The SPEAKER. The Gentfrom Pennsylvania [Mr. RANDALL] yielded the floor to the Gentfrom Ohio, [Mr. DBLANQ] who can have the resolution read as a part. of his argument. the Clerk read as follows:. Whereas Ilon. LOVNLLll. Rousseau has forwarded to thoGovernor of Kentucky hisresignationasa Kopresentativufor the 5th district of the State of hen tucky, a copy of which has beenread: Therefore. Be it I‘Covlvfll, That the said Lovsu. H. ROUSSEAU be dischargedfrom the custodyof this House, andall further proceedingsin the casebesuspended.
Mr. PRICE. I rise to a question of order. My point is that the question now under discussion before the House is the question of postponement, and the Gentfrom Ohio
Mr. Dsuso] is not arguing that at all. but is seeking to reflect upon my colleague [Mr. Gmsxma. who is not present.
The SPEAKER. The Chair must remark that under his ruling this morning, which is now to be regarded as the ruling of the House, since it has not been appealed from, no gentleman has the right to reopen the question which was decided by a vote of the House.
Mr. RAN ALL, of Pennsylvania. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The question recurred on Mr. Seill zxcu’s amendment to strike out “ 15 ” and insert “ten, ’I and bein taken it was disagreed to. Mr. ALLISON demanded the yeas&nays on the motion to postpone the execution of the order of the House for 15 minutes.
Mr. RANDALL, of Pennsylvania. I give notice if the execution of the order be postponed I shall yiel the floor to the Gentfrom Ohio [Mr. D Lane] to submit his propo on.
Skip Skip we yeas&nays were ordered., e question was taken; and it was decided in the negativwyeas 43, nays 62, not voting 67; So the motion was agreed to. ‘
The SPEAKER. The Gentfrom Iowa having demanded the execution of the order of the House, the Gentfrom Kentucky, Mr. Rousseau, will present himself at the bar of the House.
Mr. Rousseau appeared at the bar of the House.
The SPEAKER. General Rousseau: The HoRep have declared you guilty of a violation of its rights and privileges in a premeditated personal assault upon a member for words spoken in debate. This condemnation they have placed on their Journal and have ordered that you shall be publicly reprimanded by The SPEAKER at the bar of the House. No words of mine can add to the force of this or der, in obedience to which I now pronounce upon you its reprimand.
Mr. Rousseau then retired. I appeal to the magna RECESS OF CONGRESS.
Mr. CONKLING. I submit the following resolution: Resolved 1J' HoRep the Senate the President of the Senate and the Speaker of the HoRep on. the of. at 12 o'clock llicridlin. adjourn their respective Houses until Tuesday fthe 2d day of October.1866 and that on that day. unless it be then otherwise ordered by the 2 Houses.they shall further adjourn their respectiveHousesuntil Saturday the 1st day of December.1866. Is the resolution debatable?
Mr. CONKLING. I ask to make an expla nation.
Mr. ANCONA. I move the resolution be laid upon the table.
Skip Skip Mr. FINCK. I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the neative yeus 43, naya 64, not voting 65; So the House refused to lay the resolution on the table. The previous question was 2nded and the main question ordered on agreeing to the res olution. Messrs. ELDRIDGE and ANCONA demanded the yeas&nays.
Mr. CONKLING. Io ject toanythingfrom that quarter.
Mr. ROSS. I suppose I have a right to inquire in relation to the effect of the resolution.
The SPEAKER. The gentleman will state his question to the Chair.
Mr. ROSS. I want to know if it gives mile age to members. [Lan hter.
The SPEAKER. The Chair does not consider that a legitimate inquiry. The yeas&nays were ordered.
Mr. DAVIS. I raise the question of order, whether we have power now to direct that when the House meets on the day designated it shall adjourn to a future day.
The SPEAKER. That depends entirely upon whether a majority of the House shall vote for the resolution; if they do they will have ordered it, and the Chair will have power to execute the order.
Skip Skip The question being taken on agreeing to the resolution, it was decided in the affirmativeyeas 69, nays 62, not voting 70; So the resolution was agreed to. Mr. CONILHG mtRtv the resolution was adopted; on the table. agreed to.
Mr. BOUTWELL. I suppose the gentleman wishes to state the fact.
Mr. ROGERS. I do, sir; and I do not intend to state anything else. If I misstate anything
The SPEAKER. The Chair will suggest to the Gentfrom Massachusetts, it' he is alluded to, that he had better reserve any remarks until the Gentfrom NewJer sey has concluded.
Mr. ROGERS. I have no desire to throw any reflection upon the committee at all, or in any way disparage their action, but simply to ascertain my rights as a member of the committee.
The SPEAKER. The gentleman will state his point.
Mr. ROGERS. Did I not simply ask to have the privilege of examining this evidence, and informing myself, as I ought tq be in formed, before assing judgment on this case?
Mr. BOUT LL. That is very true. But as I have already said, it seemed to me that when the number and character of these papers were considered, when the nature of the work confided to me was taken into consideration, it was not the proper thing for the Gentfrom NewJersey to ask that he, simultaneousl with me, should be permitted to examine an arran e and extract from those apers. And there are I always declined to allow him to do so. Yesterday the Gentfrom NewJersey came to me and renewed the request. It so ha pened that I had esterday a confidential cferk from the War Dept, who has heretofore had the control of these papers, who understands them better than anybody else, and who was examining them with me.
Mr. ROGERS. I desire, with the gentleman’s permission, to ask him one question: whether the clerk to whom the gentleman refers had control of the evidence taken before the committee, or only of papers which had laps. Come from the War Office. The latter constitute only a part, and a mine r part, of the volumine us evidence in the case.
Mr. ROGERS. His name is Cazauran, and he is a steno re her. That is all I know.
Mr. BOU' whrLL. I ask whether it is not known to the Gentfrom NewJerseythat Cazauran was for a long time in the rebel service; that he edited a rebel newspaper at Mem his, Tennessee
Mr. ROGERS. This is the 1st time I ever heard of it.
Mr. BOUTWELL. That he was sent out of Tennessee by the U.S. authorities
Mr. BOUTWELL. That he was afterward found within the U.S. lines at Nor folk, Virginia; that he was taken by the Military authorities of this Government and son tenced to something like 60 days at hard labor in that vicinity.
Mr. ROGERS. I never heard any such thing before. I hcver heard a word against him.
Mr. BOUTWELL. I do not knowanything “of the man. If my information should prove to be false, I would willingly retract, in the presence of this House and the country, all that I have said in reference to the phonographic reporter whom I found yesterday in the room of the ComJudiciary; but such is the information which on inquiry I have received from sources in which I place confidencc.
Mr. ROGERS. I will state to the gentleman my acuaintance with the reporter I employed. I 0 not know whether e is a Dem ocrat, a Republican, a Know Nothing, or anything else. The 1st I knew of him he was connected with the Boston Post. I will add that I proposed to have him swear to an oath of secrecy. Several MEMBERS. Swear a rebel!
Mr. ROGERS. Oh, I guess he was no rebel; I guess that is not so.
Mr. BOUTWELL. I make this statement from information I have received, and from no knowledge of my own. If it turns out to be erroneous I shall feel it to be my duty, as well as my pleasure, to retract it before the House. I only introduce it as a fact.
Mr. ROGERS. I have only one question to repose.
The SPEAKER. The Chair will rule on the question, as time is very recious at this late period of the session. e thinks he has now a correct conception of the matter. committees, in order to facilitate their business, often appoint sub committees to examine into bills or other subject matters which may be referred to them, and to make report to the committee in full session before they report to the House. When they do, the papers perti nent to the subject are put in the hands of the sub committee, and no member has a right to demand to see those papers until the sub cem mittee reports to the committee. When the sub committee reports to the committee the gentleman, in common with the other mem ers, has a right to demand to see the papers for examination.
Mr. ROGERS. I have a motion to make. I ask the House to grant me a stenographer, to be aid by myself or by the House, so that I may e enabled to make a minority report if necessary. I think it is only just to me that it should be done.
Mr. GARFIELD. I suggest to the gentleman that he move, in addition, that a stenog rapher be allowed to each member to help him prepare his speeches. [Laughter]
Mr. ROGERS. I am willing to pay for the stenographer.
Mr. H BBARD, of Connecticut. I object. JAMES C. COOK.
Mr. MYERS. I demand the regular order of business.
The SPEAKER. The regular order of business is the consideration of the bill reported on Frida last from the ComPatents, (H.R.o. 760,) for the relief of James C. Cook, upon which the Gentfrom connecticut [Mr. HUBBARD] has the floor. PRIVILEGED QUESTION AGAIN.
Mr. ROGERS. I wish to say that I was one of the sub committee of 3 appointed to collect this evidence.
The SPEAKER. The Chair has made his decision, and, if the gentleman wants to, he can take an a cal.
Mr. WILS;, of Iowa. I wish to state to the House that the Gentfrom NewJer sey is not a member of the sub committee to which these apers have been referred.
Mr. FINCE. I rise to a point of order. Do I understand
The SPEAKER to rule that a member of the committee, before they do important business, has no right to examine the papers connected therewith?
The SPEAKER. The Chair repeats exactly what he has stated. Where a committee appoint a sub committee to investigate a certain matter the papers referred to the subeommittee are within their power, and no member of the committee has the right, as a matter of right, to take them from the subeommittee for examination.
Mr. ROGERS. I do not want to take them I on] want to see them.
Mr. NCK. I do not think the decision goes far enough.
The SPEAKER. The point has been decided, but the gentleman can take an appeal.
The SPEAKER has not decided the precise point presented.
The SPEAKER. The Chair has decided the precise point presented. ll
Mr. ROGERS. I have a right to ask for the TpaepeSrPs.EAKER. The House has passed away from the case.
Mr. FINCK. I advise my friend to resign from the committee if he can have no rights there.
Mr. ROGERS. I only want the country to know how the matter stands.
The SPEAKER. The Chair has allowed the gentleman to present his case at eat length.
Mr. HUBBARD, of Connecticut. If the House will give me their attention for about 5 minutes by my watch, which is a fast one, [laughter, ] I think I can satisfy them of the justice of the present claim.
The SPEAKER. The Clerk will 1st read the bill.
The Clerk read as follows: That James C. Cook have leave to make application to the CommissionerofPntents for anextension of his letters patent, which were issued for the term of 14 years.fromthe 27thday of July. 1852f or an improvement in machines for forming button backsand connectingthe eyesthereto.in the same manneras if he had filed his petition for an extension at least 90 dn s rior to the expiration of said patent, and that the ommissionerofPatents be authorized to considerand determinesaid application in thesamemannerasif it hadbeenfiled 90 daysbeforethe expiration of the patent.
Mr. HUBBARD, of Connecticut. I can ield now to neither of m friends, for I desire, in the 1st place, to finish the report which I had commenced when this report was up some 2 weeks ago. I do not design to take u much time. The petitioner has really be under his patent the benefit of about 3 years.
Mr. STEVENS. When does his patent exire?Mr. HUBBARD, of Connecticut. This year. He lost a good deal in consequence of the difficulty of introducing this patent, and also from an error in the original specification. It is a patent for button backs and connecting them with the eyes. I know nothing myself about the manufacture of buttons, but I know this: that when this patent was issued the law was that the patentee might appIy for an extension to the Commissioner at any time before the expiration of his patent. The patentee supposed, therefore, that it was safe for him at any time within 50 days of the expiration of his patent, to apply for a renewal of his privilege. He did apply to the ComrPatents some 83 days before the expiration of his patent, and then he learned, for the 1st time, that the law had been changed, and that, by the act of 1851, 90 days were required. I want to say.Mr. Speaker, that under the law of 1848, under which this patent was is sued, the patentee had a right to apply to the Commissioner for an extension of his patent at any time not less than 60 days before the expiration of his patent. In the year 1861 the law was changed, making it necessary for him to apply 90 days before the expiration ofhis patent. He did not know of that; he is a laboring man living outin the country; he knew the law of 1848, underwhich he obtained his patent; he did not know that that law had ever been changed; and in consequence of that want of knowledge he a plied to the Commissioner for an extension 0 his patent at a time outside of that prescribed by law. It was by mere acci dent and mistake that he failed to apply in time; he supposed that he had a right to aply for it at a later date than he had under the aw, and now he calls upon the great American Congress to exercise its remedial powerin permitting him to make application to the om rPatents to permit him to make this extension. [Cries of “All right we’ll pass it."] Then, sir, Idemand the previous question.
Skip Skip The previous question was 2nded and the main question ordered., The bill was orderengross and read n.3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. HUBBARD, of Connecticut, demanded previous question on the passage of the l.
Mr. HUBBARD, of onnecticut, mtRtv the bill was passed; upon the table. agreed to.
Mr. WILSON, of Iowa. I move that the Hoiise proceed to the business on The SPEAKER’s table.
Mr. STEVENS. I sug est to the Gentfrom Iowa that he afiow us to have an evening session.
Mr. MOItltlLL. I hope the gentleman will not object, for if we are to adjourn at the time which has been fixed on by the House, it is in dispensably necessary that we have evening sessions.
The SPEAKER. The Chair will state that the resolution of the House providing for evening sessions makes no provision for evening sessions on Saturday. It would require, therefore, unanimous consent.
Mr. FINCK. I object. The motion of Mr. Wilson, of Iowa, was then agreed to. GOVERNMENT EXPENDIT URES.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury in reply to a resolution of the House of the 9th instant, transmit ting a statement of receipts and expenditures from Jul 1, 1865, to March 1, 1866, and an estimatet statement from March 1, 1866, to June 30, 1866; which was laid upon the table and ordered to be printed. BRIDGING OF THE MISSISSIPPI. The House then proceeded in execution of its order to the consideration of the business upon The SPEAKER’s table, the 1st business being ill of tbeSenate No.236, toauthorize the construction of certain bridges, and to establish them as post roads, returned from the Senate with amendments to the amendments of the House.
Mr. ALLEY. I believe there is no objection to the amendments proposed by the senate. I believe both the riends and opponents of this measure concur in them. I therefore move the previous question on the amendments.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendments of the Senate to the amendments of the House were agreed to.
Mr. MOULTON mtRtv the amendments of the Senate to the amendments of the House were agreed.to; on the table. agreed to. TRANSPORTATION of DISCI'IARGBD SOLDIERS.
Mr. SCHENCK. I ask the unanimous consent of the House to introduce and put upon its passage a bill which I am sure no‘gentleman here will object to. It is a bill to authorize the SecyWar to furnish transportation to discharged soldiers to whom artificial limbs are furnished by the Government. Let me state that the Secretary has no power under the law as it now exists to furnish this transportation to discharged soldiers. The bill I offer embraces not more than 5 or 6 lines, giving him this power. It certainly will occupy no time, and lpask the unanimous consent of the House for its consideration now. No objection being made, the bill was re, ceived and read a 1st and 2nd time. It authorizes and directs the SecyWar to furnish to discharged soldiers of the U.S., disabled in the service, transportation to and from their homes and the places where they are required to go to obtain the artificial limbs provided for them under the authority of law. The bill was orderengross and read a 3rd time; and being engrossed, it was accordin i read the 3rd time and passed.
Mr. SSHENCK mtRtv the bill was passed; on the table. agreed to. CAPTURED REBEL FLAGS.
Mr. INGERSOLL. I move the amendments of the Senate be concurred in; and upon that motion I call the previous question.
Skip Skip The previous question was 2nded and the main question or cred; and undertheoperotion thereof the amendments of the Senate were concurred in.
Mr. INGERSOLL mtRtv the amendments of the Senate were concurred in; on the table. agreed to. RELIGlOUS GIFTS AND DEVISES. The next business upon The SPEAKER’s table was the amendment of the Senate to House bill No. 364, to annul the 34th section of the declaration of rights of the State of Maryland so far as it applies to the DistCol. The amendment of the Senate was to add to the bill the followin'v: Provided, That in the easeofgifts the same shall be madeat least onecalendarmonth before the death of the donor or testator. The amendment was concurred in. DITEHES AND CANALS IN PACIFIC STATES. The next business upon The SPEAKER’s table was the amendment of the Senate to House bill No. 365, granting the right of way to ditch and canal owners over the public lands in the States of California, Oregon, and Nevada.
Mr. KASSON. Will the gentleman yield to me for a question?
Mr. KASSON. I desire to ask whether by this bill the sovereignty of the U.S., in regulation of the production of the gold of its mines, is taken away as completely as its sovereignty over other lands which are sold is taken away?
Mr. ASHLEY, of Nevada. It is not taken away. The bill simply legalizes the rights of the men who occupy that and, subject to the ultimate disposition of the U.S.
Mr. KASSON. Then, if I understand the gentleman, we can, notwithstanding the passage of this bill, at any time regulate the use that shall be made of the mineral; that is to say, we can oblige the miners to develop the mineral at so much peryear for so many years.
Mr. JULIAN. No, sir; there is nothing of the kind in the bill.
Mr. KASSON. I wish to know whether the fee is transferred.
Mr. ASHLEY, of Nevada. In answer to the Gentfrom Iowa, I ask for the reading of the last section of the bill as amended.
The SPEAKER. The whole amendment must be read, unless the reading be waived by unanimous consent.
Mr. JULIAN. I desire to move the reference of the bill to the comPubLands, which now has the subset before it.
Mr. KASSON. Does the gentleman insist on the previous question?
Mr. JULIAN. I be e the previous question will be voted down. his bill is an outrage, a wholesale abandoning by the nation of its authority and duty respecting its vast mineral domain.
Skip Skip The House divided; and there were ayes 85 noes 25; no quorum voting.
The SPEAKER, under the rule, ordered tellers, and appointed Mr. ASHLEY of Nevada, and Mr. JULIAN. The House again divided; and the tellers reported ayes 57, noes 12; no quorum voting. The preVious question, by unanimous consent, was considered as having been 2nded.
Mr. JULIAN demanded the yeas&nays on ordering the main question. The yeas&nays were not ordered.
Mr. JULIAN moved that there be a call of the House.
Mr. WILSON, of Iowa, demanded tellers. Tellers were not ordered.
Mr. GLOSSBRENNER moved that the House do now adjourn.
Skip Skip The House divided; and there were ayes 39, noes 43. So the House refused to adjourn. The question then recurred on the motion that there be a call of the House. The House divided; and there were ayes 28 noes 50' no quorum voting. Mr. JULIAN moved that the House do now editiur.rnA. LLISON demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 40, nays 67, not. voting 85;. So the House refused to adjourn. The SPEAKER. The question recurs, Shall the main question he now put? on which no uorum has voted.
Mr. JULIAN. I appeal to the House to allow me 30 minutes to explain the bill. I ask it as a matter of justice, on a great measurewhich proposes to revolutionize our whole land policy.
Mr. ASHLEY, of Nevada, and Mr. Mc RUER objected.
Mr. HIGBY. I be e the House will, by unanimous consent, allow another half hour on the other side. Ihope no one from the mineral district will object.
Mr. WILSON, of Iowa. I do not desire to object, but I submit a proposition. I think this bill can be explained in less than half an hour. If the objections are stated, I think the House can understand the provisions of the bill. If half an hour is required, I think we ought to have a session this evening in order to clear The SPEAKER's table. Business on The SPEAKER’s table has been accumulating for about aweek, and we ought to get rid of it. Much of it will require but little time to dispose of, and it seems to me we ought not to be asked to allow an hour’s discussion.
Mr. WILSON, of Iowa. suggest ten minutes, or at most 15.
Mr. IN GEItSOLL. I object to more than 20 minutes being occupied; ten minutes on each side.
The SPEAKER. Is there objection to allowing ten minutes on each side?
Mr. WILSON, of Iowa. I suggest that a recess be taken till half past 7 o’clock. If we do that I think we can adjourn early next week, by getting this business on The SPEAKER’s table.
Skip Skip Mr. FARNSWORTH. I object. On ordering the main question there wereayes 58, noes 36. Mr. McRUER. I demand the gene&nays. The SPEAKER. A uorum as voted. Mr. McRUER. I withdraw the demand. Mr. JENCKES. I renewit. Mr. JULIAN. I move the House adjourn. On the motion to adjourn there were ayes 45, noes 48. Mr. JULIAN. I demand the yeas&nays. The ens and no s were refused. Mr. JULIAN. ‘ellers. Tellers were refused. The SPEAKER. The question recurs on agreeing to the Senate’s amendment. Mr. JULIAN. I ask the House to allow me ten minutes. Mr. HIGBY. I will not object, provided the same time is allowed to the other side. Mr. JENCKES. I object. Mr. JULIAN. I demand the yeas&nays on concurring in the amendment. The eas&nays were ordered. Mr. CHENCK. I move to lay the billnnd amendment on the table; and out at Idemand the yeas&nays. The yeas&nays were ordered.
Mr. FARNSWORTH. I move that the House adjourn. '
Mr. ORTH. Will the gentleman withdraw the motion a moment to al 0w me to ask leave of absence? '
Skip Skip LEAVE OF ABSENCE. Mr. ORTH asked and obtained leave of absence for his colleii e, Mr. Wnsnncnnn. The SPEAKER asked and obtained leave of absence for Mr. DEMING.
Mr. FARNSWORTH. I renew the motion to adjourn. The motion was agreed to ayes 49, noes 39; and thereupon (at our o’clock and 45 minutes p. m.) the House adjourned.
Skip Skip PETITION. The following petition was presented under the ruBley and referredto the appropriatecommittee: Mr. MORRILL: The petitionpf M. W. Davis, and 50 others, citizens of Westminster, county 0 Winldham, Vormontmrlying for increasedduties on woo.
@@@IN SENATE SENATE. Moron, July 23, 1866. Prayer by the Cha lain, Rev. E. H. GRAY On motion 'of Mr. RIMES, and by unanimous consent, the reading of the Journal of Saturday last was dispensed with. OFFICERS OF THE NAVY.
Mr. GRIMES. Senate bill No. 269hasbeen returned from the HoRep with 2 or 3 amendments; and with a view to act upon them I move that the bill be now taken up. The motion was agreed to; and the Senate proceeded to consider the amendments of the HoRep to the bill (S.No.269) to define the number and regulate the appointment of officers in the Navy, and for other purposes. The amendments of the HoRep were read, as follows: Strike out all of section oneafter the word “ war, " in line 11, andinsertinlieu there of the following: And who possess the highest prefegsiopal ualications and attainments. And pothing in this act shall precludethe advapeement in rank nowauthorized by law for distinguished conduct.in battle or for extraordin heroism: And providedfurther, That nothing in this act nor in the 14 thsection of the act.approved July 16.1862, entitled “An act to establishand eqnalize the gradeof line officersof the N avy, " shall be so construedas to prevent the SecyNa from promoting to the gradeof rear admiral, on t a retired list, those commodores who havecommandedsquadronsbyorder of the secyNavy or who have performed other hi bly meritoriousserVices. n sectiontwo, strike out in line 3 the words “ten” and “ 20 ” and insert " 20 " and " 50, " and in line 3 of section 2 strike out " 40 " and insert “ 75.” In section 3, line ten, insert, after the word "act, " the words "provided they shall find that numberwho a resuitably qualified therefor." At the endof section 3, add: And any volunteorpflicers attached to vessels at seaor on croign stations maybe appointed to the regular Navy. subjectto the conditions cpntainedin this section, after their return to the U.S. In sectionfour strike outlines 5 and 6. asfollows: “ until their placescan be supplied by grad uatesfrom the Naval Academy.”
Mr. GRIMES. The only material amendment that is made to the bill by the HoRep is to double the number of volunteer officers authorized to be introduced into the regular Navy from those who served during the war. The 1st long section is only to put in more a repriate language, as it was believed by the HoRep, the same provisions that were contained in the origina bill as sent to them.
Mr. EDMUNDS. I should like to in iiire of the Senfrom Iowa whether this bil has any provision increasing the pay or emoluments of the officers of the Navy.
Mr. EDMUNDS. I make the inquiry because by some bill that we passed without consideration, it appears, without our knowing it, their pay was increased; and I am desirous to know whiether this bill in any way provides for any further increase.
The PRESIDENT protempore. The question is on concurring in the amendments made to the bill by the HoRep. The amendments were concurred in.
Skip Skip PETITIONS AND MEMORIALS. Mr. HENDERSON presented the petition of O. N. Cutler, of Hannibal, Missouri, praying for compensation for property taken from him for the use of the Army o the U.S.; which was referred to the ComClaims. Mr. ANTHONY. I presented on Saturday the memorial of Sylvester Mowry, praying for remuneration for losses sustained by him in negotiating drafts on the Asst Treasurer at NewYork, in 1861, while U.S and California boundary commissioner, which I see in the Globe was laid on the table. The Jour nal was not read this mornin so that I do not know how it stands there. move that the memorial be referred to the ComClaims. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. RIDDLE, from the ComDistCol, to whom was referred a bill (S., No. 272) to authorize the corporation of Washington to reduce the width and improve the avenues and streets of that city, reported it with an amendment.
Mr. BROWN, from the ComPubBldg and Grounds, to whom was referred the petition of John Menally and others, employees around the President’s House and grounds, praying for compensation for extra services rendered duriu the administration of President Lincoln, asked to be discharged from its further consideration; which was agreed to.,
Mr. NESMITH, from the Committee on revolutionary Claims, to whom was referred the petition of the descendants of Joseph Sherman, an officer of the RhdIsland troops during the revolutionary war, prayin for compensation for supplies furnished tot e American Army in the year 1778, submitted an adverse report thereon; which was ordered to be printed. sonnisas’ oaruANs’ rum BUILDING.
Mr. MORRILL. The ComDistCol, to whom was referred the JtResolution (H.R.No. 191) relatin to the building lately occu ied fora national fair, in aid of the orphans o the soldiers and sail ors of the U.S., have directed me to report it back without amendment, and recommend its passage, and I ask for its present consideration. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. It proposes to appropriate the building recently occupied for the national fair in aid of the or hans of the soldiers and sailors of the Ilnite States, with the materials of which it is composed and the tools used in its construction and necessary to keep it in repair, to the use of the directors of the National Soldiers’ and Sailors’ Or hans’ Home, for an additional fair in aid of the orphans, and for such other purposes as may be deemed expedient and proper by the directors in furtherance of the national charity in aid of which the Orphans’ Home has been organized; and provides that the building be allowed to stand upon its present site, at the corner of Pennsylvania avenue and 7th street. in the city of Washington, for the uses stated. until May, 1867. The JtResolution was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. EVENING SESSION.
Mr. CHANDLER. I move that the Senate have an evening session, begiiinin at half past 7 o’clock, for the purpose 0 considering business from the ComCommerce.
Mr. TRUMBULL. Name the hour when the recess shall commence.
Mr. CHANDLER. I will say that the senate, at half past 4 o’clock, take a recess until half past 7.
Mr. SUMNER. I suggest to my friendfrom Michigan whether on the whole that is expedient. We do not know now when we shall adj ourn. The motion of the Senator goes upon the idea that we are to adjourn immediately. If we are not to adjourn immediately, why should we sit in the evening?
Mr. CHANDLER. If the Senate will give me the day tomorrow for the purpose of considerin business from the ComCommerce shall be satisfied.
The PRESIDENT protempore. It is moved that at half past 4 o’clock today the Senate take a recess until halfpast 7 for the purpose of considering business reported from the ComCommerce.
Mr. CHANDLER. I will add to my motion that no other business shall then be in order.
Mr. SHERMAN. I su gest to the Senator whether he had not better eave blank the time for taking the recess, so as simply to provide that we shall meet this evening at half past 7. We may not wish to close our session at half past four; we may wish to go on with the business then before us, and therefore I suggest that we had better not fix the hour at which the recess shall commence.
Mr. CHANDLER. Very well; I move that we meet, then, at half ast 7.
Mr. TRUMBULL. hope not. I hope the hour for the recess will be fixed for half past 4 o’clock, so that we can go and get our dinners and know when to come back.
Mr. SHERMAN. Some bill may he pend in at that time.
Mr. TRUMBULL. If it is, let us take a recess, and not have a squabble about it at that time.
Mr. CHANDLER. Very well; I insist on my original motion.
The PRESIDENT protempore. The motion is, that the Senate take a recess at half past 4 o’clock today until half past 7 o’clock in the evening, then to consider business from the ComCommerce exclusively. The motion was agreed to. UNION PRISONERS or was.
Mr. WILSON. I am directed by the ComMilAffr and the Militia, to whom was referred a JtResolution (H.R.No. 190) in regard to rations of Union soldiers held as prisoners of war, to report it back with an amendment, audI should like to have it put on its passage now. By unanimous consent, the resolution was considered as in ComWhole. It is in these words: Whereas.by generalorder of the war Dept of Februaryll. 18b2r,ationsto Union soldiersheld as prisonersof war in the rebel Stateswere commuted at a costprice during the period of their imprisonment: and whereas a largenumber of the said pris oners have been paidunder said order. but many eqgally.worthlyW; ith them and who havesufferedin re cl prisons. avonot beensopltldt Therefore. Be tl resolvedbytheSenntean Ilouaeoflfcprenenta (for: o the uniletistflln ofAmen'cnin Congress(Insem bled. but all Union soldierswhowereheld asprisoners of war in the rebel States and who have not receivedany commutation of rations at a cost price during the period of their imprisonment: Provided. That no person whohas sold or transferred any interestIn the claim forcommutationshall bebenefited by this resolution and no iurchnscror assignccof such claim or interestshall 0 benefitedbythis resolution; and that such commutationhe paid out of any money in the Treasury not otherwise approprinted. The amendment reported by the ComMilAffrs was to strike out all of the n resolution after the resolving clause, and in lieu of the words stricken out to insert the following: 'That all U.S. soldiers.sailors and may rines who were held asprisonersof war in the rebel States shall be paid commutation of rations at cost pricesduring the periodof theirimprisonment: pro ouled.That noperson whohassoldor transferredany interestin the claim for said commutation.nor any purchaseror assi non-of such claim or interest shall a benefitedby this resolution; and the amountot‘ such commutationshall be paid out of any moneyin the Treasury not otherwise appropriated.
Mr. WILSON. I will simply say that the resolution, as it came from the House, starts with the idea of doing something and does not. There is an error in it which we have corrected by this amendment.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate s amended, and the amendment was concurr d in. It was ordered that the amendment be engrossed and the resolution read a 3rd time. The resolution was read the 3rd time and passed. GOVERNMENT WATER PIPES.
Mr. BROWN. I am instructed by the ComPubBldg and Grounds, to whom was referred the bill (H.R.No. 776) in relation to unlawful tapping of Government water pipes, to report it back without amendment, and ask for its present consideration. I will simply state that it is a simple measure which is necessary to be passed in order to protect the water pipes that supply the Capitol. They are in dangerof being cut, and there is some police relgationnecessa by unanimous consent the bill.was consiere as in ComWhole. It declares the unlawful tapping of any water pipe laid down in the DistCol by authority of the U.S. a misdemeanor and an in ictable offense; and any person who may be Indicted for and convicted of that offense in the criminal court of the DistCol is to be subject to such fine as the court may think proper to impose, not exceeding $500, or to imprisonment for a term not exceeding Oneyear; and it is made the special duty of the ComrPubBldg to bring to the notice of the attorney of the liU.S. for the DistCol or to the grand jury any infraction of this law. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. CIRCUIT COURT IN WESTVIRGINIA.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the JtResolution (S.R.No. 133) to change the place of holding the terms of the circuit court for the district of WestVirginia, have directed me to report it back with an amendment; and as it will take but a moment to dispose of it, I ask for its present consideration. It merely changes the place of holding a court. By unanimous consent, the JtResolution was considered as in ComWhole. The amendment of the ComJudiciary was to insert in line 4, after the words “ WestVirginia, ” the words “ hereto fore held at Lewishurg, in the county of Green brier;” so that the JtResolution will read: Resolved, rim. That the terms of the circuit court for the district of WestVirginia heretoforeheld at Lcwisbiirg. in the countvof Greenner shall behere afterheld at the city of Parkersburg. at the time now fixed by law.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. IiILLs INTRODUCED.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.444) to reorganize and fix the pay of certain officers of the postoffice Dept; which was read twice by its title, and referred to.the ComPostOiiices. '
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 140) directing the SecyWar to deliver to Norman Wiard certain damaged cannon for the purposes of experi ment; which was read twice by its title and referred to the ComMilAffrs . runners sotnisas’ connnen.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 139) for the benefit of the Illinois Soldiers’ College and Military Academ which was read twice by its title.
Mr“ RTDMBULL. I ask the unanimous consent of the Senate, which I have no doubt I shall have when it is read it is very shortto at that resolution on its passage.
Mr. TRUMBULL. I will statein amoment what it is. The Illinois Soldiers” College and Military Academy has been organized under the authority of the State of Illinois by a char ter. They have urchased at Fulton, in the northern part of e State of Illinois, in White side county, a large hotel and other property there, which has cost between one and 200,000 dollars. I have a letter in my hand, from the general agent of the society, stating that they have 500 aplications from soldiers, many of whom are disa led, and many of whom they propose to educate without cost and stating that there are at Spring field quite a number of cots and bedding that are being sold, and bring the Government but a trifle, and they ask that the cots and bedding neeeessary to accommodate 500 free students, if there be that surplus on hand which the Government has no use for, be transferred for the benefit of the free students, formerly soldiers, at the institution. That is all there is in the resolution. By unanimous consent, the Senate, asin ComWhole, proceeded to consider the resolution; which authorizes the SecyWar to transfer to the Illinois Soldiers’ College and Militar Academy, from the su lus fund on hand an not needed for the public service, cots and bedding necessary to accommodate 500 persons, for the use of free stu dents, disable by the war, in that institution.
Mr. MORRILL. I think this is aH right; but I ask the Senfrom Illinois whether the same difficulty does not arise here as arose the other day on another resolution as to the question of authority.
Mr. TRUMBULL. The authority we have to do this?
Mr. TRUMBULL. I do not propose to discuss it. If the Senfrom Maine doubts the authority of appropriating money or bedding, or anything else, to the disabled soldiers of the last war, I shall not try to enlighten him upon it. I think we can pension them and do anthing for them, an we have not done ha f enough for them. ‘
Mr. MORRILL. I do not propose to debate the question; but as this was a State institution it occurred to me that the objection which the honorable Senator raised to the resolution for the sufferers by the fire at Portland might arise here.
Mr. TRUMBULL. This is stated to be for the use of these persons.
Mr. MORRILL. I do not think that makes any difference. I think the same objection arises that was made the other day. The only difference is between Maine and Illinois, a question of latitude.
Mr. HOWE. The resolution ought to be amended so as to require a recei t from the proper officer of the college I 0 not know who he is to be taken for what is turned over to him; otherwise there will be no possible mode of settlin the account.
Mr. TRUMBEILL. There will never be any account to settle. These cots and bedding ared to be en to the institution. I do not suppose tfity are to be returned. The SecyWar is authorized to do this.
Mr. HOWE. But the trouble is that for every one of those cots and beds some officer of the Government is charged today, and has got to account to the Government for them.
Mr. TRUMBULL. It is tobe all under the charge of the SecyWar, and he can do it by a role.
Mr. OWE. Not at all; he cannot do it by a rule. The accounting officers require something more than a rule.
Mr. TRUMBUHL. As they are to be disposed of under an act of Congress, will that not be sufficient for the accounting officer.
Mr. HOWE. What will be the evidence whether a million or 500 or 50 cots be disposed of unless you make somebody’s receipt the evidence.
Mr. TRUMBULL. Suppose they are sold, how then? These are all now being sold.
Mr. HOWE. The returns of the quartermaster show that he sold so many.
Mr. TRUMBULL. Very well; you will have the return of the quartermaster in this case that he transferred so many to this institution; what is the difference? They are now being sold.
Mr. HOWE. They are now being sold; but the quartermaster who is charged With the sale of them is charged with every one of them, and he has got to give an account of the sale of every one of them and the price it brings. Now, if he deducts from the whole number in his hands 50 or 100 or 500 and turns them over to this college, it seems to me he wants some evidence to present that he has turned over so many in order to get his accounts settled. If the Senator really objects to a receipt. being taken
Mr. TRUMUULL. Not at all. I have not the slightest objection to it if the Senator thinks it necessary.
Mr. HOWE. Let it go. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ABANDONED PROPERTY IN REBEL s'rs'rss.
Mr. HOWARD. I offer the following resolution and ask for its present consideration; it is merely a resolution directing an inquiry which I think it is very necessary to make: knoll ed, That the JtCommee on retrenchment be instructed to inquire into the modeof collecting and the disposition made of captured and abbyaonfidicocnresd, propertyin the Stateslately in rebellion. agents, andeinployesof the TreasuryDept; and thesaid committeeis herebyinvested with full powertosendfor personsandpapersfor that purpose. The resolution was considered by unanimous consent and agreed to. NEUTRALITY LAWS.
Mr. CHANDLER. On some day in December last I, gave notice that I should introduce a bill enacting the present British nentralit laws. I spent several weeks in examining an comparing the British neutrality laws with our own, and ascertained at last that they were identical. It is the same law precisely which sent the Ala bama and her colleagues to prey upon our commerce that seized the Meteor the other day for fear she might aid the Peruvian Government in opposition to S ainl It is the same law verbatim which enlisted men for the Alabama and all the rebel pirates of England and ar rested the Fenians on our frontier! The British neutrality laws and ours, as they stand to day, are the same. Now, sir, it will be seen at a glance that it is a mere farce as these laws are construed in GreatBritain and as they are construed here. I desire, therefore, to offer the following resolution: Roroloed That the committee onForeign Relations bedirectedto inquire into the expediencyof repealing our presentneutrality laws. They are a farce as they stand, and I hope the committee will decide that it is expedient to repeal the whole of them.
The PRESIDENT protempore. It requires unanimOus consent to consider the resolution at this time.
The PRESIDENT protempore. Objection being made the resolution lies over. RELATIONS WITH BRITISH PROVINCES.
Mr. MORRILL. I submit the following res olution, and ask for its present consideration: Rerolued.That the Presidentberequested.sofar as the someinn. be practlfltblfl, to enter into arrange mentswith tie British Provinces of North America tpucliinr: the fisheries.a ndalso the commercialrelations of the Provinces Withthe U.S.
Mr. MORRlliL. I want it referred to the ComForRel.
Mr. BROWN. It is not in the shape of a resolution ofinqnir '.
The PRESIDENT protempers. Is there objection to the resolution? i
Mr. BROWN. If it was a resolution of inquiry in the usual form I should have no objection; but as it is not in the usual form and takes the shape of a resolution of instruction I do object to it.
Mr. MORRILL. I stated that it was a res olution for reference. I introduce it with a view of having it referred to the Committee on Foi ei n Relations, to report as they choose in re ar to it.
Mr. SUMNER. There can be no objection to that.
Mr. MORRILL. It is simply to request the President, if the thing is practicable. 1dr. BROWN. I object to the consideration of it.
The PRESIDENT protempore. The res olution lies over.
Mr. BROWN subsequently said: I desire to withdraw the objection I entered just now against the resolution offered by the Senfrom Maine. The resolution was not exactly in the usual form, and [was led into a mistake in regard to it. I never desire to seem captions or illiberal in my dealings with other senators, and I therefore withdraw the objection. The resolution was taken up and referred to the ComForRel. 8. H. FESSENDEN.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent, and agreed to: Renolorvl, That the ComClaims be discharged from the further consideration of th c petition of Sewcll H. Fessondcn and that the petitioner have leaveto withdraw thesame. CUSTOMSFINES AND H‘ORFFJITURES.
Mr. POLAND. I offer the following resolution, and ask for its present consideration: Resolved, That the SecyTreasury be directedtofurnish to the Senateacopyof the account of fines, penalties and forfeitnres returned to the TrcrmuryDeptby the collector of the district of Vermont, from the lat day of April, 1861. to this data.togetherwith a statementof the datesat which thesumsdue to the U.S.thereonwere paid into the Treasury. There being no objection, the Senate proceeded to consider the resolution.
Mr. DAVIS. I move to amend that resolution by adding after “Vermont” the words “and the collector of the district of Kentucky.”
Mr. POLAND. I trust the Senfrom Kentucky will put his amendment in the form of a separate resolution. This is a very Small matter which I design to reach by my resolution, and I would not like to have it encumbered.
Mr. DAVIS. I will say to the honorable Senator that I think it will pass in this form without any uestiou; if it still be objected to, I will with raw it.
Mr. POLAND. I would prefer that the senator would embrace the subject of his amendment in a separate resolution.
Mr. DAV S. I should like very much to have that information in relation to my own State, and I think now is as convenient a time to obtain the information as any other. If it is at all objected to by any gentleman I will with draw it.
Mr. POLAND. It will be quite easy for the Senfrom Kentucky to get the information that he desires by offering a separate resolution. I would rather it should not be added to this.
Mr. DAVIS. I have no idea that the senate would accord to me any such favor as that, disconnected with the company of the Senfrom Vermont. [hope he will allow the nes iion to be put in the present form, and ift ore is any obstruction to the passage of the resolution in consequence of my amendment, I will withdraw it.
Mr. POLAND. Certainly if the Senator thinks that he will be more likely to get what he desires by having it attached as an amendment to in resolution, I shall not object.
Mr. AN' HONY. There is only one objection to resolutions of this kind; I do not know whether it applies to this or not, although I think it is more applicable to the amendment thanvto the origiiia resolution.
Mr. DAVIS. lfthe Senator will allow me, I will withdrawthe amendment I have offered.
Mr. ANTHONY. I do not know that I wish the Senator to withdraw Iit, merely wish to make a statement. These resolutions of inquiry sometimes cause the diversion of large numbers of clerks from their appropriate duties for weeks and months together. If this is a resolution that is to take a great deal of time and to involve the employment ofagreat many clerks, I should refer it wenld not pass. If not, I have no 0 ijection to it. I suppose the Senfrom Kentucky can answer that question himself. I have no desire to embarrass the Senator or to Withheld any information he desires, but I do not wish, and I resume he does not wish that the clerks of the Depts shall be taken from their proor occupations to furnish largo masses of in orrnation that are sent here and never read, merely utting us to the expense of printing. permps the colleague of the Senfrom Ken Nicky who has himself been SecyI'reasury can answer the question which I desire to have answered.
Mr. DAVIS. I am satisfied that there is a great deal of information of the class embraced in the resolution offered by the Senfrom Vermont that on ht to be laid before the senate and before the country. It seems to me there is a very great disposition among some members of the Senate to suppress all such information. Now, I believe in relation to my own State that there has been received by the officers of the Government and their employee there large sums of money that never have been reported, to the Senate at. least; whether they have been reported to the Treasury or not I do not know; and I want to know whether the nipne collected by the officers in Kentucky within ilie scope of the resolution offered by the Senfrom Vermont has been accounted for at the Treasury Dept or not.
Mr. ANTHONY. If the Senator has any reason to suppose that state of things, I with draw the objection, and hope the resolution will pass with the amendment.
Skip Skip The amendment was agreed to. The resolution, as amended, was adopted. COMRETRENCHMENT.
Mr. EDMUNDS. I move that the President of the Senate be authorized to appoint the committee on the part of the Senate provided for by the concurrentresolution of the 2 Houses, on retrenchment. I supposed itto be contained in the resolution itself, at I see on looking at. the resolution that that authority is not contained in it. I move that the committee on the part of the Senate be apeluted by the Chair. The motion was agreetPto.
Mr. POLAND. I desire to ascertain whether it is the purpose of the Senate to proceed with the consideration of the bankrupt bill which has passed the HoRep. I am not specially desirous to have it taken up for consideration at the present time, but I do desire to ascertain whether it is the purpose of the Senate to proceed to the canal eration of that bill at the present session. I know that some of the friends of the measure fear that we have reached so late a period in the session that it may not be possible to pass the bill. For mysel I regard it as a measure of so much importance that I should be willing to remain here long enough to consider and pass the bill; but. I desire to ascertain now whether it is the purpose of the Senate to proceed to its consideration during this session, and I therefore move to take it up, and I desire that the vote on this motion shall be regarded as a test vote whether the Senate intend to proceed to consider it and pass it, if a majority are found to be in favor of it, at this session. If the vote shall be in favor of taking it up, I shall not insist upon proceeding with its consideration at the present time, but shall myself move to lay it over until tomorrow.
The PRESIDENT protempore. Will the Senator restate his motion?.
Mr. POLAND. I move to take up the bill (H.R.No. 598) to establish a uniform system of bankruptcy throughout the U.S.; and I desire that it may be understood that the vote upon this motion to take up is to be atest vote 0 whether we are to proceed to consider it at this session. I will myself move, if it is taken up, to lay it over until tomorrow, so as not to antagonize it with any other measure today.
Mr. SHERMAN. I rise simply to give notice that at one o’clock I shall call up the miscella neous appropriation bill, whatever may be the result of this vote.
Mr. POLAND. I desire that this vote may not be influenced by the order of business merely. I wish to have the sense of the Senate on this motion, as to whether the bill shall be considered at this session.
Mr. JOHNSON. Iunderstood my friendfrom Vermont to say that if the bankrupt bill was taken up he would ask to have its consideration postponed until tomorrow, not to interfere with the proceedings of the Senate today. I rise mere y for the purpose of expressing a wish that the bill should be taken up. I think that the condition of the country imperatively demands that we should passa law of this kind. Whether the particular bill upon the table the sense of the Senate will approve can only be ascertained after it shall 0 presented to the Senate; but I am satisfied that the people of the country almost universally desire a law of this description, and that it is important to the true interests of the country that some such measure as this should be adopted. In ever commercial country, particularly in Englan, there has been a simi ar law, and, as I understand, at the last' session of Parliament a law for the nmeiidment of their old system was reported by some of the most enlightened men of that body, which is nearly the same with the provisions of this bill. They have almost lit erally cOpied the bill that was before us at the last session, and I think that that of itself, in dependent of our own judgment founded upon our own knowledge of the antecedent Eng ish system, should be considered as very persua sive evidence that the bill itself is one proper to exist in a country so much commercial as our own.
Mr. SUMNER. The bill to which the Senfrom Vermont alludes, I believe, has been matured with singular care; it embodies every thing that is good or important on the subject derived from the exerience of England and the different States oflour own country. I think that that bill with some possible amendments ought to pass, and we ought not to adjourn until it has passed. The Senfrom Ver mont remin s us that we are drawing toward the end of the session, and he does not know, or he suggests a doubt, whether we may have timeto consider it. I would say that we ought to find time or make time for its consideration. At any rate we ought not to leave these seati until we have considered it and done our best to at it among the laws of the land.Mr. COWAN. I hope the bill will not by taken up, and Ihope it will not be taken u for consideration because it is this bill. I think the bill itself, so far from being a good one, is a verybad one, and if enacted into a law it would not exist upon our statute book 2 years before it won d be repealed. It would meet the fate of the bankrupt law of 1841, and it would meet that fate because it contains within itself the same inherent defect that that law did. This law it is proposed shall be administered in the U.S. courts; and I think that whenever that is done in this country with a bankrupt law, it will be fatal. If a uniform system or rule could be adopted, so that it might be administered in the State courts the same as the laws of naturalization are administered there where the operation of it could be brought home to the dpeople at their own doors, where they could go into court without the great expense and trouble necessarily attendin upon the courts of the U.S., then think the people would acquiesce in the law and it would be a nod law; but if it is to be administered in the U.S. courts it will meet with the fate of the old law, and I think will be fatal to any bod who Will vote for its passage.
Mr. GUTHRIE. Mr. President, I think the U.S. ought to have a bankrupt law; but I think the last one they had, which provided for a voluntary system of bankru tey, was the very worst one we could have. f we have a bankrupt law passed by the U.S., it must necessarily be administered in the Federal courts and cannot be administered in the State courts. In the 1st place, the U.S. cannot impose upon the State courts the duty of administering it they must administer it in their own courts. It must be administered for a series of years, so as to be generally understood and become the rule of action for those entitled to the benefits of bankruptcy throughout all the States, in order that merchants and lawyers and business men in all the States may come to understand it. But I do not think that we are now in a situation to consider this bankrupt bill and give it that deliberrite action that we ought to do; and I am against takiu it up now or considering it at this session. rather expect that if the bill is drawn as carefully as I understand it is, when it comes to be acted upon at the next session it will have my vote; but I have not determined to vote for it, and I am not now preared for final action. h
Mr. POMEROY. I believe we have had this question here for 4 years ast, and there was a general understanding when the bill introduced by the Senfrom Connecticut, who is now the Presiding Officer of this body, was before us, that after the close of the war we would consider;it that there would be new cases calling for a law of this kind that we could not turn away from on account of the exigencies of the war, men in he eless bankruptcy for no fault of their own. ow, I say we ought to take up the bill, and I do not intend to vote for an adjournment until it is taken up and considered. We have had it here every year for 4 years, and we agreed that at the close of the war we would consider a bill of this character. I trust we shall now proceed to do so.
Mr. HOWE. I8rec with the Senfrom Kentucky that the U.S. ought to have a bankrupt law, and in about a minute and a half I shall be ready to vote to proceed to the consideration of this bill; but or that time I want to exert myself to save myself from bankruptcy ifI can. I have been struggling for an hour to get the floor to submit a motion that the ComClaims be discharged from the further consideration of the resolution for the relief of Joseph Segar, and that he have leave to withdraw the papers in that case; and I appeal now to the magnanimity of the Senfrom Vermont and the justice of the senate to allow me to submit that motion.
Mr. CRESWELL. Will thatsave you from bankrupitry? [Laugliten]
The PRESIDENT proiempore. The consent of the Senfrom Vermont does not enable the Senfrom Wisconsin to submit that motion without the consent of the Senate.
Mr. HOWE. I said that I appealed to the marnanimity of the Senfrom Vermont, an to the justice of the Senate, to allow me to submit this motion.
Mr. SHERMAN. I now move, with the consentof the Senfrom Vermont, it being one o’clock, to take up the miscellaneous appropriation bill. He can make his motion at some other time.
Mr. POLAND. No, sir, I desire to get a vote upon it now.
Mr. SHERMAN. Then I submit a motion to take up the appropriation bill now, if such a motion is in order.
The PRESIDENT protempore. Another motion being before the Senate, the Chair thinks it is not in order. The pending motion must be disposed of.
Mr. SHERMAN. I move, then, to lay the pendin motion on the table.
Mr. OLAND. We are ready to take the vote, I think.
Mr. SHERMAN. I have no objection to the vote being taken if it can be done at once, but it is being discussed.
Mr. POLAND. I do not think anybody desires to discuss this question further; certainly I do not. Let us have a vote.
Mr. SHERMAN. I do not see any object in taking up the bill now, because the vote to take it up is not a definite vote.
Mr. SHERMAN. It ought not to antago nize the appropriation bill.
Mr. SUMNER. I suggest to the Senfrom Vermont that his motion be to take up the bill with a view to make it the special order for tomorrow at one o’clock.
Mr. POLAND. I call for the yeas&nays on my motion. '
Mr. CLARK. I may vote to take 11 the bill or I may not vote to take it up; but entirely refuse to have the vote I shall give on that motion made a criterion as to how I may be in regard to the bankrupt bill.
Mr. CLARK. So I understand. I object to its being regarded a criterion as to whether I will consider the bill at this session. I do not see any object in moving to take it u at the present time if we are to immediatey la it aside and take up another bill. I am wiling to take it up int e re ulnr order of business when we can do it an give it consideration, and if it comes to that stage of the session that we can pass it, I shall be ready then to act upon it;Ihut I do not see anything to be gained by taking it up mere] to lay it aside, because I do not understand that is to be an indication how the Senate may be upon it.
Mr. POLAND. I do not desire that the vote upon this motion shall be a test of whether Senators are in favor of the bankru t bill or against it; but I desire that it shall e astest of whether the Senate design to proceed to the consideration of the bill at this session. So far I desire to have it a test.
Mr. CLARK. So far as I am concerned, I cannot consent to that, because the miscellaneous appropriation bill now is in the order of business to be considered, andI do not understand that the Senfrom Vermont proposes to consider his bill now. But if presently we shall come to that condition of business in the Senate that we can take it up and go on with its consideration, I will agree with him to do so; and then if we can disuse of it at this session I shall cheerfully do t at.
Mr. LANE. This is a motion, as I understand, to take up the bankrupt bill. I am opposed to the bankrupt bill now or at any other time. I am opposed to taking it tip now because it antagonizes with the miscellaneous appropriation bill, which must be passed, and I wish to consider the bounty bill, which is an important bill, and the Army bill, that must be passed before we adjourn. I therefore move to amend the motion of the Senfrom Ver mont by postponing the consideration of the bankru t bill until the 1st Monday in next Decem ier.
The PRESIDENT protempore. The bill is not before the Senate, and a motion to ost one is not in order until the bill sha I be before the Senate.
Mr. LANE. I move to amend the motion to take u by a motion to postpone.
Mr. SHERMAN. I take it it is in order for me to move to lay on the table the motion to takeup. Reertainly mustbeivithiii the power of a legislative body at anytime to come toadirect vote. I move to lay on the table the motion of the Senfrom Vermont.
The PRESIDENT protempore. The Senfrom Ohio moves that the motion of the Senfrom Vermont be laid upon the table. The Chair is a little in doubt in regard to the propriety of the motion, but is strongl of impression that the late VEEP ruled such a motion to be out of order. There must be some tangible subject before the Senate that can be laid on the table by the motion to lay on the table. Still, the Chair willentertain the motion, but with some hesitation. The question is on the motion of the Senfrom hio to lay on the table the motion of the Senfrom Vermont. That is not a debatable question.
Mr. POLAND. I am perfectly willing that the nestion shall be taken in that form. mere y desire to get the sense of the Senate, whether they will proceed to the consideration of the bill at this session, and I call for the yeas&nays on this motion. The eas&nays were ordered.
Mr. OWE. I rise to inquire if there is now any objection to my submitting the motion which I asked leave to submit awhile ago. M5. JOHNSON. You can do that after war.
The PRESIDENT protempore. The question is on the motion of the Senfrom bio to lay on the table the motion of the Senfrom Vermont and upon that question the yeas&nays have been ordered. The guestion being taken by yeas&nays, resulte yeas 17, says 14; l7. Stewart. So the motion to lay on the table prevailed. APPROVAL or arms. A messa e from the POTUS y Mr. Coorsn, his Secretary, an nounced that the President had approved and signed, on the 23d instant, the following acts: An act (S.No.137) to amend the acts approved August 6, 1861, and July 16 1862, establishing a Metropolitan olice in the DistCol, to increase a efliciency thereof, and for other An act (S. puor.po1s4e5s); for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegra b; An act (S. No.178 to incorporate the ct i opolitan Mining and anufacturin company; An act (S.No.246) relating to pu lie so ools in the DistCol; An act S.No. 277) for the relief of William Cook; an An act (S.No.325) to give certain powers to the levy court of the county of Washington, in the DistCol. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 760) for the relief of James C. Cook to the ComPatents and the Patent Office. A bill (H.R.No. 792) to authorize the SecyWar to furnish transportation to discharged soldiers to whom artificial limbs are furnished by the Government to the ComMilAffrs . The JtResolution (H.R.No. 192) relative to certain flags captured during the late war, was read twice by its title.
Mr. WILSON. If there is no objection, I should like to have that resolution put on its passage now.
The Secretary read as follows: Be it reaolved, (‘76., That the SecyWar he requestedto transfer from the War Dept to the Executives of the several Statesfor safe keeping the rebel flags captured by volunteer regimentsduring the late war, sending to each State the colors captured by the regimentsfrom such State.
Mr. GRIMES. I trust that resolutionwil be referred to the ComMilAffrs. I am aware that in 2 or 3 in stances there are regiments from 2 or 3 States claiming that they were the captors of flags, and it will only involve us in an infinite deal of trouble if we undertake to distribute them.
The PRESIDING OFFICER, (Mr. POMEROY in the chair.) Objection being made, it cannot be considered at this time. The JtResolution is referred to the ComMilAffrs . CIVIL APPROPRIATION BILL. On motion of Mr. SHERMAN, the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 737) making appropriations for sundry civil expenses of the government for the year ending June 30, 1867, and for other purposes, the pending question being on the amendment proosed by r Mr. Wu. sos to the amendment of KMr. Davis to the 2nd section of the bill.
Mr. SHERMAN. Before the question is taken on the ending amendment, I desire to suggest thatt ere is an amendment of the ComFinance not yet disposed of, and I hope itwill be acted upon before the other vote is taken. It is an amendment on page 21.
The Secretary read the amendment, which was to insert after line 494 of section one To enable the ComrPubBldg to reimbursethe corporation of Washington for expenses incurred in improving streets and avenues passingthrougand by property of the goneralGovernment.$47:" 81.
Mr. SHERMAN. I move to amend the amendment by inserting alter the word “ government, " the words “under the 3rd section of the act approved May 5, 1864, entitled ‘An act to amen an act to incorporate the inhab itants of the city of Washington, passed May 15, 1820." The amendment to the amendment was ado ted. the amendment, as amended, was agreed to.
The PRESIDING OFFICER. The Secretary will read the amendment of the Senfrom Kentucky, and the amendment to it offered by the Senfrom Massachusetts.
The Secretary read Mr. DAVIS'S amendment, which was to add to the 2nd section of the bill the following clause: To pay bountiesto the loyal ownersofslaves mustered into the military service of the U.S. according to tboiao act of Congressapproved February The amendment of Mr. WILSON was to strike out all of this amendment, and substitute for it the following: That so much of any moneys in the Treasury known as the commutation and as may be necessary beand the some is hereby. Appropriated for the payment to loyal persons claiming service or labor from colored volunteers or drafted men. the amounts heretofore or ohferseeacfttieornttowcbnetayw aforduer of the mnoutnednetritltchdep‘Aronviasciotntos ianmge onudtathnennoatteine ntiatllefd or ‘Acensa, aentd for reontrhoellrinpgurapnodsceasl, l”’ approved February24, 1864 for each person so claimed to e held to servicee or labor. Who has enlisted or been drafted into the military servico of the U.S.; but such payment shall in no case be made to any person except upon satisfactory proofthat the claim not has firmly and faithfully maintained his or her adherengo and allegianceto the Governmentof the U.S.by defending its causea ainst the government and forces of the socalled conederateStates of America, in nllsuitableand practicable ways, and accordingto his or her ability andopportunity.
Mr. SUMNER. I will inquire of my colleague whether in his amendment he contemplates the examination of these claims by commissioners, as I think was proposed byt e ori ginal statute. There is no reference to commissioners in his amendment.
Mr. WILSON. The payment is to be under the provisions of the act of 1864. ‘l
Mr. SUMNER. I merely wish to understand whether in the contemplation of my colleague that was embraced.
Mr. WILSON. I so understand; that was the object, to comply with the provisions of the 24th section of the act of 1864, which authorized the appointment of commissioners to report upon these claims. I am clearly of the opinion that commissioners must be appointed.
Mr. SUMNER. Then, as I understand my colleague, this amendment of his is nothing more than to carry out the obligation or contract of the Government in that original act.
Mr. DAVIS. On that I call for the yeas and navs. The yeas&nays wwe ordered.
Mr. JOHNSON. I do not see why the yeas&nays should be called upon this particular amendment. The amendment is to a provision of the same sort in the original bill, which is more obnoxious than this particular amendment. The particular amendment, if I recol lect aright, is the one offered by the Senfrom It assachusetts, and I suppose that those who may be opposed to the provision in any form would prefer that to the form in which it stands in the bill, or will stand if it shall not be amended. My friendfrom Vermont therefore will accomplish his purpose better by suffering this particular amendment now to be adopted, and then making the objection, if he continues to entertain the opinion that the objection is well founded, to teadoption of the amendment as amended.
Mr. BROWN. I only desire to say for myself that I am opposed to both of the amendments. I am 0 posed to the compensation in toto. I do not believe it a contract under the law as it exists, and if it were a contract, it would be a contract against good morals. I differ, however, with the Senfrom Maryland in this: I think if it is desired to defeat both of them, the better way is to defeat the amendment of the Senfrom Massachusetts, because I think it very certain that thereafter we can defeat the other.
Mr. JOHNSON. That does defeat the other.
Mr. DAVIS. I understand the argument of the Senfrom Missouri to be simply an argum ent in favor of repudiation. The question being taken by yeas&nays, resulted yeas 20, nays 6; 13. So the amendment to The amendment was agreed to.
The PRESIDING OFFICER. The question now is on the amendment as amended.
Mr. SHERMAN. The only doubt I have about this matter is on a question of detail, on which I should like to have a little information. What is the amount of this commutation fund 7
Mr. WILSON. 9 million dollars now in the Treasu.
Mr. CRESWELL. I think more than sufficient.
Mr. SHERMAN. The point made by the Senfrom Vermont struck me as being ver forcible. ll
Mr. WILSON. I think 5 or 6 millions will pay all these claims.
Mr. SHERMAN. If the U.S. should pay some of these claims in full and the result should be that there would be a deficiency, we would have to make it good on the principle of equalizin the sum. That is the on] doubt I have it out it. I have no doubt that to the extent of the commutation fund we ought to pay these claims. If there is any doubt as to the sufficiency of the fund for that purpose, I think the Senfrom Massachusetts ought to be able to satisfy the Senate on that point.
Mr. WILSOi.Icertainly have no objection to the Senator making an amendment if he chooses that none of this money shall be paid rantil the final report of the commissioners is may e.
Mr. HERMAN. I think we had better do that.
Mr. WILSON. I certainly should not object to that; but my judgment is that 5 or 6 million dollars will pay all that will ever be found due to these persons. The sum cannot exceed $800 for each slave, and it will range from one to 300 dollars. The fact that slavery was abolished about a year and a half after we passed this act of course will have its effect upon the commissioners in estimatin the value of the services of these persons. have no idea that all the commutation money will be taken; but I have no objection to any Senator moving an amendment which will require the commissioners to make their final report of all cases before any of the money is paid out.
Mr. CILESWELL. 9,514,923 dollarsnnd 45 cents, accord in to the report' of the Secretsryof War.
Mr. WILSON. In order to reach the objection made by the Senfrom Vermont I move to amend my amendment by adding to it the following proviso: Provided Thationno money shall be paid under the until the final report of the commissionersunder the not aforesaid shall have been madeof all ot‘ the claimsembracedunderthe 20 4th section of the said not.
Mr. EDMUNDS. I ask for the yeas and as s on the amendment to the amendment. the eas&nays were ordered.
Mr. VILSON. I will simply say thatthis is a provision which forbids the payment of any money under this act until the commissioners who are to be appointed for Maryland, Kentucky, and Misssouri have made their final report and we have it all before us.
Mr. CRESWELL. Suppose, meanwhile, the constitutional amendment is adopted.
Mr. DAVIS. The amount of these bounties ought to have been ascertained 2 years ago. That has not been done, and consequently the owners of these slaves have been deprived of the moue to which they are entitled under the act 0t 1864 up to the present time, and of course they never will have any interest allowed upon their claims. If there was any doubt as to the sufficiency of the funds ccially appropriated to the payment of these 0 aims, I would not make any objection whatever to the proposition now made by the Senfrom assachusetts; but when the commissioner who acted for Maryland and the eastern shore of Virginia, has reported that $700,000 and a fraction will be an 'cient to meet every claim from that section of country, and there will be nearly $9,000,000 of this additional fund left to appropriate to Kentucky and Missouri and WestVirginia, there cannot be any doubt whatever that the fund will be something like double what will be necessary to meet all these claims. I have no doubt that there will be a large surplus of this fund after all the claims are satisfied. If that be so, why postpone the payment of any claims until the commissioners have reported? It may be 5 years or more before the commissioners will report. I think that these men, who have olrea y lain out of their money for 2 years longer than they on ht to have done, ought not to be postponed in efinitely, and probably aslong as 5 years, until there has been a report made by the commissioners. The question being taken by yeas&nays, resulte yeas 18, nays 13; 17. So the amendment to The amendment was agreed to. T gie amendment, as amended, was adopted. 3
Mr. SUMNER. I offer an amendment, to come in as a new section at the end of the bill: Abife: That there be aid to the several clerks of the Deptof State wenty%. of the compensationnow allowed to each.to commencp from the 30thof June. 181la6n. d to continue until repeuled by Congress;and a sum Sullicient for this purpose is here y appropriated out of nuyliuoncysin the Treasury not otherwiseappropriate. In support of this amendment I send to the Chaira petition from the clerks of the State Dept, which I should like to have read.
The Secretary read as follows: to the Senate and HoRep The petition of the undersigned clerks in the Dept ofState. humbly representthat.their suin riqs.which woretixed when gold was current and the rices of the nece‘ssimopof life werecomparatively o w.are now entirely inadequate to their support with the most rigid economy. Indeed.someof them, who have been more fortunate than others in the cmoyment 91' small incomes from private sources, have‘from time to timebecu obliged to sacrifice the pprrionvciji ul from which thoseincomeswerederived. to e themselves n d their families with shelter amnidghttheear Mnommoernet cloting and food. Many of them but som o of the bscylaovbetabieneinngseomlopnlogyinmoeflniteclcstchwaht.eirne. gill humility. theydcem it their duty to remain until it shall be otherwnsedecrcod.at almost any sacrifice, believingthat the knowledge and experience which theyhave gained 18 not their property.but a viiliin ble'onc to the public. in whose service those qualifications have been acquired. At the last session of Congress an appropriation was made for additional compensation to clerks in the treasury Dept. Your petitioners have no doubt of the Wisdom of that measure but regret that any maynot have been deemed worthy of a similar ion. Supposing. however. that the apparent partiality rscigfehrtr.rycodutor pmetaityiohnaevreshbpepecnaol ccasioned by an over to your sense of justice to placethem onusimilar footing with the clerks in that Dept, in respect to compensation. And your petitioners. as in duty bound. will so W" 1"“Y w. HUNTER. GEORGE E. BAKER, JOHN A. JONES, RW. ISL.LCIAHMEW.R. HOGAN.. LTUN {igniNTREE. 'IifiC. H l. GEORGE BARTLE, H. N. GILBERT by 'r A. WILSON.. S. BENEDICT. ‘TALI. ‘ClHlRMERHOItN. BER AN. VELIJ. N JONES. DOIS?) W. DIMON, on e. GhITHER. OLIN KRANSE.
Mr. SHERMAN. This is the same proposition that was moved by the Senfrom Massachusetts to the consular and diplomatic bill. debated at some length, and resulted finally in the raising of the pay of Mr. Hunter. I trust that this precedent Wi l not be set on this bill. If this appropriation now asked for the clerks of the State dept is made, of course, we shall have to extend it to all the other Depts. We passed a bill in relation to the Interior Dept, but that bill and a bill for the Treasury dept have been laid on the table inteat er House. I think, therefore, this is a bootless controversy. fins proposition, I think, will require about a day to discuss it. I hope it will not be insisted on. The whole subject of the reorganization of the clerical force of the various Depts and the pay of the civil officers of the Government has at this session been referred to a)0int select committee with a view to re'exam inc and readjust the whole civil service of the (government, and I hope it will be left there. That committee is required to sit during the House recess, and probably will be able to report at the next session a fair and liberal compensation to all civil officers of the Government.
Mr. SHERMAN called for the yeas&nays, and they were ordered.
Mr. SUMNER. The Senator, it seems to me, goes too for when he says that this case stands alone. He has already submitted that there has been an increase in the Treasury Dept.
Mr. SHERMAN. No, sir; I said distinctly that that bill failed in the HoRep.
Mr. SUMNER. Very well; but it has had the sanction of the Senate.
Mr. SHERMAN. The answer to our action was a resolution for the investigation of the whole matter. In regard to the increase by the House of the pay of their own officers, that only applies, I find on inquiry, to a few, and even that allowance will not be aid by the accounting officer of the Treasury dept unless it is sanctioned by the Senate.
Mr. SUMNER. The very bill which the Senator is now engineering through the Senate in its 6th section proposes an in'crease of the compensation of the Metropolitan police force of the DistCol.
Mr. SHERMAN. That is to be paid by the cities of Washington and Georgetown and is made on the recommendation of the District authorities here who pay it themselves. It is not paid out of the Treasury.
Mr. SHERMAN. They are not banks; they are U.S. depositOries; the cashiers of these depositories get less than your clerks who are sutlering so much.
Mr. SUMNER. The Senator has under taken to lead in an increase of salaries. Now, I simply follow his lead. He knows very well how happy I am, and proud, always to follow his distinguished lead. I follow it now, and I simply ask that he should do by these servants ft 0 Government in the State Dept what he has done for other servants of the Government elsewhere. The guestion being taken by yeas&nays, resulte yeas 16, nays 14;. So
Mr. SUMNER. I offer another amendment to come in at the end of the bill, as a separate section, in regard to which lam sure there wtll be no question, as it proposes to reduce rather than a d to the expenses of the Government. It is an amendment which I am directed to offer by the ComForRel: Abife: That somuchof the act approved March 3.1803.entitled “An act tankingap propriationsfor sundrycivil expenses of the Government, for the year ending June 30.136la.nd for the year ending the 30th of Junc 186la.nd fnrother purposes."asappropriates$9.7 for a ministerresident in Greece. Be and the same is hereby, repealed.
Mr. WILLIAMS. I believe that a similar proposition, or the same proposition, was submitted to the ComFinance and considered and it was the conclusion of the committee that this appropriation ought not to be made for the reason that this should not be an exceptional case. It had been made to appear to that committee that duringthe war there were very many clerks and persons engaged in the different Depts of the Government who were employed during nights and on Sundays, and at times when the law did not require them to work; and it did not appear to the commits tee that there was any reason why this articular individual should be designated an his pay increased when it was not advisable, and perhaps not practicable, to increase the pay of all other clerks and employees in the different Depts who had expended the same amount of labor; audif this particular individual is to be paid, then whenever any application is made by any clerk or any person engaged in an Dept for labor performed at unusual ours on account of a particular press of business, of course Congress will be bound to pay for the extra labor. It will be seen that there would be no end to these appropriations. I believe there was some proposition made in reference to the AttyGen’s Office, and I am not certain as to whether the application was sanctioned or not; but if it was, it was upon some peculiar ground that did not. generally to the employees in the other aplply depts. I simply state to the Senate what the ComFinance determined on the subject. If it is thought advisable to pay in this particular case, then I can see no reason why we ought not to pay all the clerks and employees in the Navy dept, in the War Dept, in the Treasury Dept, who have performed an unusual amount of labor during the late war pay them for all their extra services.
Mr. SUMNER. The Senfrom Oregon has touched the key note in his argument. He says, do not do this unless the case is exceptional. I understood that to be his ar nment unlcss it was exceptional. Now, sir, catch that argument from the Senator and repeat it. I present this case as exceptional. It is not a recedent that the Senator need dread unless 0 can show a case hereafter equally exceptional in character. The AttyGen recommended the payment of extra compensation to the clerks in his Dept that had got up a large amount of pardons under the amnesty proclamation. Is not that exceptional in our history? I trust we shall never have any such thing repeated, never another amnesty proclamation or another crop of par dons under it that shall enlist these exceptional services of the clerks in 2 different Depts. I present it to you, sir, as exceptional, just as the Senfrom Oregon insists that such a case should be in order to justify the intervention of the Senate. It is exceptional. The case of the clerks of the AttyGen was treated as exceptional, and I present the case of this gentleman of the State dept as exceptional also. He worked night and day to get up these pardons to do the me chanieal part of these pardons under the amnesty proclamation. I hope no Senator will raise the question of the value of these par dons. I certainl should not wish to argue it.
Mr. MORRILL. I should like to ask the Senator a question. I ask whether the 20%. just voted here applies to this clerk.
Mr. SUMNER. I thin it should, and for this reason: the Senate understands that this is compensation for extra services performed by this gentleman; the 20% is an addition to the compensation of all of them for their every day services.
Mr. HENDRICKS. I was willing to vote for the Senator’s other amendment, because I thought it stood on something like a principle, that is, that the compensation taken generally in view of the expense of living here is not sufficient, and I would vote for it; but to under take to estimate how much work a particular clerk does and pay him something more for that is an impossibility. I recollect to have I hope there can be no heard a clerk mention to me that for 4 years he had not taken a holiday, he had not been I out of the office a single Sunday for 4 years a clerk in the ordnance dept; and I presume that is very common.ing to vote upon a supposed estimate of the amount of work one clerk does over another. I want to say to the Senate that in my judgment this is not a parallel case with the AttyGen's Office. tically, the clerk in the AttyGen’s Office has to examine the case, has to adjudicate upon it; he has to exercise judgment; while the clerk in the State Dept performs simply mechanical duty; he has to record that which is adjudged in the AttyGen’s Office. There isa very rent difference. The one is the exercise of clerical ability simply, the other the exercise of judgment upon the merits of the case.
Mr. DAVIS. I congratulate my friendfrom Indiana and the country that we shall soon have an AttyGen who will not need a Clank to write his opinions for him. [Laughter. The amendment was rejected.
Mr. CHANDLER. I offer, from the ComCommerce, the following amend ment, to come in on page 8, after line 174 of section one: For the erection of a li lit house at Beaverbay on Lake Superior.815.000: ’rovrded.That the Light Honse Board of the Treasury Dept.after due examination shall deem that a lighthouseat that paint is necessary.
Mr. SHERMAN. I ask if that comes from a committee.
Mr. CHANDLER. Yes, sir. There is a recommendation from the Lighthouse Board and from the SecyTreasury which I will have read, if Senators desire it. [“ No, no; ']
Mr. CHANDLER. In the same section, on page 9, after line 190, I offer the following amendment from the ComCommerce:, For lighthouseand pjer light at South Haven, in the state of Michigan, $6,000.
Mr. JOHNSON. Is that from a commit tee, too?
Mr. SHERMAN. In these cases where there are new lights and they have not come before the ComFinance I should like, at least, to have the letter of the board read.
Mr. CHANDLER. There is a report of the Lighthouse Board, and likewise a letter from the SecyTreasury.
Mr. SHERMAN. The letter of the Light ‘House Board is all I want.
The Secretary read the following: Tansuar Di nuarusn r, Orrici: oir rm: Lioirr Honss Bonn, Wlisuisoros, March 12.1866. Sin: I have had the honor to receive the letter from lion. Z. CHANDLER, chairman of the ComCommerce withinclosedpetition of citilens of SouthHaven. Michigan, praying an appropriation for the purpose of building a 1i lit house at the month of South Black river. Michigan, referred to this board for report. In reply I am directed to state that the amount asked for by the petitionersis in the opinion of the board ureaterthan necessary for the purpose of buildin: u.pier light, which is all that is recommended. For such a structure the sumof ',000would hesufli cbiyetnhte. ppraorvtiideesdowthneinsgite be given to the U.S.ing the pier, the Government have doneno work upon this pier or harbor. TVheery papers in the case are herewith returned. respectfully. W. B. SHUBRICK. Chairman. Hon. Hnou McCunnoon, SecyTreiuurfl.
Mr. CHANDLER. On page 10, line 220 of section one, I move to amend by striking out “ $00,000 ” and inserting “$200.000;" so that the clause will read: For completion of ier of protectionand repairing Igufishance light house. at straits of Mackinac, That is the amount which the Lighthouse Board state will make the work permanent. As I understand, prac I l I am not will I We had Commodore Shubrick and other members of the board before us, with the engineers, and the committee were unanimous in recommending that S200,000 be appropriated. This is perhaps one of the most important lights in the U.S.; it is in the open lake; and the pressure of the ice is so great that it must be protected by very strong stone abutments; an the committee were unanimousin the opinion thut the amount should be $200,000.
Mr. SHERMAN. Ifthere is any letter from an one I should like to hear it.
Mr. CHANDLER. There is a report from the Lighthouse Board. I sendit to the desk.
Mr. SHERMAN. We have here the estimates from the Dept.
Mr. CHANDLER. Here are the estimates, and the Clerk will read the report for the benefit of the Senator. The Secretary commenced to read the report of the Lighthouse Board.
Mr. GRIMES. Is the whole of that document to be read?
Mr. JOHNSON. The Senfrom Michigan tell us the facts, I sn pose.
Mr. CHANDLER. the estimates are there precisely as recommended by the committee. the report is rather volumine us; it contains, I think, about 60 or 80 pages; but it will probably enlighten and amuse the Senfrom Ohio, and I hope the Senate will consent to have it read for his enlightenment.
The PRESIDENT protempore. Does any Senator object to the reading of the report?
Mr. SHERMAN. I, representing the ComFinance, will state that we have appropriated all that the SecyTreasury estimated for, all that was asked by the Lighthouse Board, and now it is proosed to increase the appropriation for a sing e lighthouse from $00,000 to $200,000, 1iud all the Senator has to say in favor of that proposition is to send a mass of manuscript to the table. I am perfectly willing to hear it.
Mr. CHANDLER. In that report from the Lighthouse Board are contained the estimates of the engineers for the completion of that work. We had the engineer of that board before us; we had Commodore Shiibrick; we took the testimony of the most competent engineers on this subject, and came to the conclusion unanimously that that sum was required. The senator has taken an old estimate and not a recent one.
Mr. SHERMAN. Ye have taken the an nual estimates as they he on our table. It may cost $200,000 or it may cost $1,000,000 to complete the work; but all they asked for as an expenditure during the next fiscal year was the amount we apro riate.
Mr. CHAN L i R. I can turn to the estimates if the Clerk will hand me the document: “ In its report for 1865the board called the attention of the honorable SecyTreasury to the matter and renewedits estimateof 90.000asfor the fiscalyear endingJune 30.1866, and further estimatedfor 0110.00too completethe work during the fiscalyear endingJune 30, 1867. Theseestimatesare now beforeCongress.” This is the last report from the Lighthouse Board.
Mr. JOHNSON. What is the date of that report?Mr. CHANDLER. January 26, 1866.
Mr. SHERMAN. We have the estimates made out officially on the 1st of Decemberand submitted to us for the annual appropriations.
Mr. CHANDLER. This report refers to that, and says that in that report the board “renewed its estimate of $90,000 as for the fiscal year ending June 30, 1866, and further estimated for $110,000 to complete the work during the fiscal year ending June 30, 1867.”
Mr. SHERMAN. I understand now precisely how it is. Last year we appropriated $00,000 for this work, and that is part of the $200,000 spoken of, and now they ask enough to complete it.
Mr. CHANDLER. The appropriationfailed last year; it was in the omnibus ill.
Mr. CHANDLER. It was never renewed. This is the whole amount. The $90,000 appropriation was in the omnibus bill that was ost last year. 200,000 dollars is the estimate of the engineer to complete the work. Perhaps this is the most important lighthouse in the U.S., and less than this sum will not make it a permanent, substantial work.
Mr. SHERMAN. I can only state that I have now the estimates of the Lighthouse Board before me, and I find in them this item: For completion of ier of protection and repairing and renovating nuiroshanceLighthouse at the straitsof Mackinaw. $110,000. That is the item in the annual estimates upon which all these appropriation bills are foun ed, and it seems that the HoRep lowered it from $110,000 to $90,000. I now remember the case. 110,000 dollars was all that was asked for to complete the work. It may be that the $90,000 has been already expended.
Mr. CHANDLER. The $90,000 was not intended to complete the work, and if that sum had been appropriated last year, $110,000 would now be sufficient; but whereas the $90,000 was not appropriated last year, they now ask for the whole amount requisite to complete the work, which is $200,000.
Mr. SHERMAN. But the estimate which I lltlVOAfOfldwas made months after the defeat of the bill of last year. That bill failed in March, 1865, and this estimate was made in November, 1865.
Mr. GRIMES. I suggest to the Senators from Michigan and Ohio that this amendment be postponed for a few minutes until they can examine these reports and satisfy themselves on the question. I suppose there is some misunderstanding, which will be removed when the 2 Senators have conferred together.
Mr. CHANDLER. I have no objection to that course.
The PRESIDING OFFICER. This amendmentwill be laid aside for the present, if there be no objection. ‘
Mr. CHANDLER. I have another amendment to propose, to come in after line 200 an 43 of the 1st section: For Georg W. Fish, late actin consul at Ningpo, China. 31.8" 04. ayablu out o a nymoney in the Treasury not 0t orwiso appropriated being the amountduohimfor consularservicesatNingpo, and for exchangedue.
Mr. SHERMAN. I raise the point of order that that is a private claim.
Mr. CHAI DLER. No, sir; it is from a committee and is to pay for consular services.
Mr. SHERMAN. It is a private claim to pay money alleged to be past us for services. Iraise the point of order.
Mr. CHANDLER. The ComCommerce never presents any improper appropriation.
The PRESIDING OFFICER. The Chair thinks it is a private claim; but if the Senator desires he Wll take the sense of the Senate on it.
Mr. CHANDLER. Does the Chair rule it to be out of order?
The PRESIDING OFFICER. The Chair thinks it out of order; but if the Senator re uests he will take the sense of the Senate on the question whether it shall be received or not. [“Oh, no.”]
Mr. CHANDLER. It is a very meritorious claim. This man actually performed the services and drew his drafts in accordance with directions from the State Dept. On his return from there he immediately went into the Army and was in the military service when the drafts arrived and were protested, and he was obliged at great sacrifices and loss to raise $1, 825 to take up his own drafts drawn by direction of the SecyState, and forwhich services were performed. He actually had paid his office rent, aid his clerks, paid for his stationery, out of pthis very sum that is now his due; and certainly if there was ever an just claim put on an appropriation bill, I thin this 40% is one. I ask for the sense of the Senate n on it. p
The PRESIDING OFFICER. The Chair submits to the Senate whether this amendment can be received.
Mr. SHERMAN. It cannot be under the rule, being a private claim. I ask that the rule be eiilorced.
The PRESIDING OFFICER. The Chair has ruled it to he a private claim, but was willing to submit the question for the sense of the Senate, if desired.
Mr. SHERMAN. The question should be at, then, is this a private 0 im? The Senator imself admits that it is, and that is the end 0 it.
The PRESIDING OFFICER. The Chair does not re nrd the amendment as in order.
Mr. GRIEIES. Iam instructed by the ComNavAffrs to propose the following amendment, to come in at the end of the 1st section of the bill: For the erection of a chapelin the Naval Academy grounds at Annapolis. Maryland. 8251“). When the naval approprintion bill was under consideration we had be ore us a recommendation of the SecyNavy, based upon the report of Admiral Porter, in command of the i aval School, and of the chaplain at that post, recommending this appropriation. Having been at the Naval acemy upon several occasions myself, and knowing that there was a small chapel there, I thought that a considerable portion of the money proposed to be expended might be saved by enlarging the present chapel; and at that time, at my in stance, instead of appropriating the $25,000 that was asked for, tie Senate a reprinted $7,000 to enlarge the old chapel. ligiave been there since with the Senfrom Maine, [Mr. MOB BILL. We examined the chapel and after conversation with the officers in charge and from personal examination I became satisfied that I was mistaken in proposing to enlarge the present chapel; an in confirmation of that 0 inion I desire to read one paragraph from tere ort of the Board of Visitors wh0 have recently visited the Academy, composed as it was of some of the ablest gentlemen in civil life and in the naval service, in which they say: " The board learned with regret that it is proosod to try the experiment of enlarging the presoute apel of the Academy. It is. in our judgment. a mistake. to spend any considerablesum of money upon a building which, evenwith the proposedenlargement. must still be not only unsuited for its purposesin other respects.but of inadequatesize; and we therefore recommend the erection of a new chapel. of n character better suited to its purposes and of sufficient capacity to make it possibleto assembleunder its roof for divine worshii all the midshipmen in the Academy and their 0 cars of government and instruction.
Mr. JOHNSON. How'd'o you get at the $25,000?
Mr. GRIMES. That is what they recommend.
Mr. MORRILL. Havingbeen referred to by the Senfrom Iowa as having been present with him at the Naval Academy on a certain occasion. I can bear most decided testimony to the unsuitableness of the structure which was intended to be repaired. I think the money appropriated there would have been worse than thrown away. The only surprising thing to me was. that the honorable Senfrom Iowa, who professes to have been there on a previous occasion, should have consented to an appropriation for the repair of such a structure as that was, and I am led to suppose that he must have been there under circumstances which could not have been favorable to a correct examination.
Mr. BUCKALEW. I desire to inquire of the Senfrom Iownwhat is to be done with the present appropriation for the enlargement oft ie chapel.
Mr. GRIMES. It is expected thntthat will lapse to the surplus fund in the Treasury.
Mr. BUCKAI.EW. I think it better to repeal it; and I move to amend the amendment y adding to it, ‘fand the existing appropriation for the enlargement of the chapel is hereby repealed.”
Mr. CRIMES. I accept that. The amendment, as modified, was agreed to.
Mr. SHERMAN. I 0 not know whether it is worth while to appeal to the Senate notto pass this class of amendments upon this appropriation bill. The effect of this amendment is to increase the pay of the naval cadets. If we do it, the some application will be made on behalf of the Army cadets. I do not think this is the proper place to legislate on that subject. The Senfrom Iowa can report a bill at any time for this purpose. If we put this amendment on this bill we shall have the same application from the Army. These young gentlemen now get $500 a ear toward aiding them in their education. hey get the benefit of tuition and all various facilities and advan tages extended to them by the Government of the U.S. At any rate. I be c this bill will not be loaded down with this c pass of amendments. The compensation was fixed at $500, I think about 2 years ago, both for WestPoint and Annapolis, and I trust it will not be altered in this appropriation bill.
Mr. GRIMES. It was fixed more than 2 cars a o. It was fixed 4 years ago, in 1862.
Mr. SHERMAN. Since the beginning of the war.
Mr. GRIMES. In 1862, before high prices. I do not know when the law fixing the amount to be paid the cadets at WestPoint was passed. I remember that the amount paid to naval mid shipmen was fixed in June, 1862, 4 years ago. The Senator says that these youn men are educated at the public expense. that is true; but they are educated at the public expense because we think it to our advantage so to educate them; not as a gratuity bestowed on these young men, not for their benefit, but for our benefit. Let me say that a great many of them have passed into the Academy from apprenticeship, who when they 1st entered the apprenticeship were mere waifs upon the surface of society. How are they going to be able to keep up their standing in the Academy it' it costs them $67 69 more than the Government pays? I have not recommended any very rent increase of pay, but simply enough, at the instance of the Superintendent of the Academy and the academic faculty, to keep them alon without any pocket money.
Skip Skip The amendment was agreed to ayes 8 een. noes not counted.
Mr. CHANDLER. I offer the following amendment, on page 11, after line 243 of section one: For B. P. Parrott. for building an iron lighthouse at CapeCanaveral.Florida. 812.19835.
Mr. CHANDLER. I ask that the letter of the Secretary be read.
Mr. SHERMAN. It is not worth while. I raise the point of order that it is a private claim. ‘
Mr. CHANDLER. I suppose the Senator will admit that eve dollar we appropriate goes to somebody. New, I will strike out the name of R. P. Parrott, if that will improve the case in the Senator’s mind. It is for building a lighthouse at Cape Canaveral. It so hap ens that R. P. Parrott's name was placed in it; but that can be struck out.
Mr. SHERMAN. Is it not for money due to him for building a lighthouse7
The PltESlDING OFFICER. The Chair thinks it is a private claim.
Mr. SPRAGUE. I hope the Senator will explain to us the changes it is proposed to make in the roof and Hall before we vote.
Mr. BUCKALEW. One of the leadin ideas in the plan of introducing air throng the ceiling ans taking it out at the floor, one of the main recommendations of it, is its manifest improvement with regard to acoustics. By introducing the currents of air at the ceiling and causing the air to descend through a considerable space before it reaches the person the inevitabiia result is that the air becomes equalized in its temperature and in its density through its whole mass, and the voice traverses it with entire convenience and regularity. We have had that subject specially examined by Dr. Antisell, a man of science, and he has prepared for us an essay or a report which will accompany our report (read today) when it is regularly printed and prepared for future reference. his subject of the acoustics of the plan was also examined by Professors Bache and Henry when it was contemplated originally to adopt it here. They visited many public buildings and examined that question with care. I may say to the Senator, in addition, that for the purpose of avoiding reverberations which to some extent prevail in the present Hall, it is only necessar to have passages for the air sunk in the cue sof the woodwork which curtains the C amber. In that case all surplus sound would be conveyed into the passages, and might by tubes be conveyed to the galleries, as is done in Drury Lane theater. There are subpassages connected with tubes by which the voice is conveyed into the upper extremities of the galleries and the voices of the actors upon the stage are heard distinctly at the most remote points of that building. If it become necessary to improve the acoustics of the Chamber with reference to the excess of sounds thrown back from the walls we can casil dispose of all that surplus sound by throwtng it into the walls themse ves and conveying it away and using it elsewhere if we please.
Mr. SUMNER. Mr. President, we must all be very grateful to the Senfrom Pennsyl vania for the attention which he has given to this important question which concerns so much the comfort of the Senate; I was about almost to say the character of our legislation; for while living in this anomalous atmosphere, certainly it may be well ima iued that our legislation sometimes must suffer with our bodies. But the Senator will pardon me in suggest that he has not been suffciently radical in his proposition. I know the Senator in some res sets is unwilling to be considered a radical. e does not like the name.
Mr. BUCKALEW. I have no distaste for the name; I claim to be very radical on some subjects.
Mr. T IUMBULL. It is important that we should transact some executive business, and I therefore move that the Senate now proceed to the consideration of executive business, as there is to be a recess at half past 4 o’clock.
Mr. SHERMAN. Unless the Senate are disposed to waive the special order which was made some time ago for this evening, I should prefer to 0 on with the bill.
Mr. G IMES. We shall take a recess in half an hour an how.
Mr. SHER AN. I should like to reconsider that. I propose, however, to accommodate myself and this bill to the wish of the Senate.
Mr. LANE. Is the motion to go into executive session debatable? If itis, I should like to say that the less executive business we do until we adjourn, the better. I do not think I shall vote to go into executive session while we are here.
Mr. TRUMBULL. We must do some executive business.
The PRESIDING OFFICER. The motion to go into executive session is debatable to a limited extent, so far as to state the reasons for or against it.
Mr. HENDRICKS. Isnggest to the Senfrom Illinois to allow this amendment to be disposed of.
Mr. TRUMBULL. That is going to take some time, and we cannot dispose of it and go into executive session before half past 4 o’clock.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Illinois. The motion was agreed to; and after some time spent in executive session the doors were reopened, and at live o’clock (the time fixed havingbeen extended) the Senate took a recess until half past 7 o'clock p. in. EVENING SESSION. The Senate reassembled at half past 7 o’clock p. m.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep s, by Mr. McPusasoN, its Clerk, announced that the HoRep had agreed to the amendments ‘of the Senate to the bill H.R.No. 365) granting the right of way to tch and canal owners over the public lands in the States of California, Oregon, and Nevada. The message further announced that the HoRep had agreed to the amendments of the Senate to the JtResolution (H.R.No. 88) declaring Tennessee again entitled to Sens&Reps in Congress. The message further announced that the HoRep had passed a JtResolution (EI. R. No. 198) authorizing the transmission through the mails free of postage of certain certificates by the adjutant general of NewJersey, in which it requested the concurrence of the Senate. MILITARY PEACE ESTABLISHMENT.
Mr. WILSON. I ask the Senator who has charge of the business tu night, and I also ask other Senators, to give me unanimous consent to take up the Army bill, which lies on the ta ble. having been returned from the HoRep with an amendment, and to move to concur in the amendment which they have made with an amendment, being the bill that the Senate passed the same day that that bill came here, with a view of bringing the matter before a conference. I have been endeavoring to make this motion all day, and if there is no objection, it will take but a moment; there is no need of reading the bill which I shall propose as an amendment, as it is the bill substantially we passed here the other day. I propose, if the Senator will allow me, to take up the bill and concur in the House amendment with an amendment striking it all out and inserting a substitute. That will probably bring the matter in such a shape that we shall have action upon it. If there be unanimous consent, it will not take a moment, and I should like to do it.
Mr. CHANDLER. Very well; I have no objection.
Mr. WILSON. I move, then, to take up the Arm “bill, and to concur in the amendment of the case, with an amendment striking out all after the word U that” and inserting what I send to the Chair.
Mr. HARRIS. It was stated, when the motion was made to have an evening session, that it was to be confined exclusively to the consideration of reports from the ComCommerce, and perhaps it will hardly be good faith toward the members who are absent to take up any other business.
Mr. WILSON. I do not believe there is a member of the Senate who will oppose it.
Mr. HARRIS. I want to state another thing. When this bill was under consideration before the Senate a few days since, I proposed 2 sections to the bill, which were adopted by the Senate, but which are not in the bill now proposed to be substituted for the House bill. If those sections were put in, I shonldhave no personalobjcctiontothemotion.
Mr. WILSON. If it is thought that my motion will lead to debate or objection, I will not persistin it. The danger is, that if we put in any other sections, we may lose the whole ill. I
Mr. HARRIS. Let me say to the Senfrom Massachusetts that I think the section to which I refer would be very good capital for him to work on in the committee ofconference.
Mr. WILSON. I have cut down the bill as it stands in regard to the volunteer officers to be added to the regular Army. The Senator may think that it is rather unfair to the absent members to call this up; but if unanimous cons'entwere given, it would be all right. however, I withdraw the motion.
Mr. HARRIS. I think you had better take it up in the morning hour. INTERSTATE COMMUNICATION.
Mr. CHANDLER. I move that the Senate p‘rocged to the consideration of Senate bill o. 6. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.66) to facilitate commercial, postal, and military communication among the several States.
Mr. CHANDLER. As a House bill simi lar to this has already been acted upon, I move that the bill be indefinitely postponed. The motion was agreed to. REGISTRY OBVESSELS.
Mr. CHANDLER. I now move that the Senate proceed to the consideration of House bill No.728. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 728) authorizin the SecyTreasury to issue certicates of registry, or enrollment and license, to certain vessels. It authorizes the SecyTreasury to issue certificates of registry, or enrollment and license, to the steamer Diana, of Victoria Vancouver Island; schooners M. C. Rowe, of Gloucester, Massachusetts; Mary, of Dexter, NewYork; Jessee Conger, of Oswogo, NewYork; N. C. Ford, of Bulfalo. NewYork; Sweet Home, of Rochester, NewYork; Alma, of Sodus, NewYork; Marco Polo, of Erie, Pennsylvania; brig 3 Bells, of Rochester, NewYork; bark J. S. Austin, of Buffalo, NewYork; and the sloop Dolphin, of Alexandria bay, NewYork.
Mr. EDMUNDS. I should like to ask a little explanation of this bill, which I resume to be entirely correct; but I ask whet ier these vessels, being foreign vessels, the effect of this bill will not be to introduce them into the service of the U.S. without paying any revenue duty or any internal tax whatever. I do not know what the circumstances are, and undoubtedly the chairman can inform me. I was not present in committee when the bill was considered by them.
Mr. CHANDLER. These vessols are of the same category with those in regard to which we passed a bill some time ago. They are Ca nadian built vessels, and, as was stated at that time, are thrown out of use on account of the termination of the reciprocit treaty. We have been, perhaps, a little extra iberal in nationafizing these vessels that were thus thrown out of employment; but we passed a similar bill a short time 0.
Mr. EDM NDS. I move to amend the bill by adding at the end of it the following proViso: Provided, That thereshall be aid on eachof such yossclsthat are of foreign bail ntax equal to the internalreve nu teax upon the material and construction of similar vesselsof American build.
Mr. CHANDLER. I have no objection to that amendment.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a 3rd time. The bill was read the 3rd time and passed. PORT OF ENTRY IN PUGET’S SOUND.
Mr. CHANDLER. I now move that the Senate proceed to the consideration of House bill No. 729. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 7119)to change the port of entry in Pu et’s Sbund. It prooses to abolish, from an after the lst day of ete ber, 1866, the port of Port Angelos, in the district of Pnget‘s Sound, in Washington Territory, as a port of entry, and to establish Port Townsend as the port of cut and delivery for the district from and after t iat date. The bill was reported to the Senate without amendment, ordered to a 3rd readingI read the 3rd time, and passed. PORTS OF DELIVERY.
Mr. CHANDLER. I move that the Senate now proceed to the consideration of House bill No. 609. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 609) to constitute Omaha and Nebraska City, in the Territory of Nebraska, and StPaul, in Minnesota, ports of delivery. It proposes to constitute Omaha and Nebraska City, in the Territory of Nebraska, and StPaul, in the State of Minnesota, ports of delivery, subject to the same regulations and restrictions as other ports of delivery. in the U.S.; and there is to be appointed a surveyor of customs to reside at each of the ports, who, in' addition to his own duties, is to perform the duties and receive the salary and emoluments of surveyor prescribed by the act of Congress, approved on the 2d of March, 1831, providing for the payment of duties on imported goods at certain ports therein mentioned, entitled “An act the duties on foreign merchandise imallpoowrtincg into Pittsburg, Wheeling, Cincinnati, Louis ville, StLouis, Nashville, and Natchez, to be secured and paid at those places, " and the towns of Omaha and Nebraska City and StPaul, as ports of delivery, are annexed to and made a part of the collection district of NewOrleans, and all the facilities and privileges afforded by the act of Congress of t 16 2d of March, 1831, are extended to them.
Mr. EDMUNDS. I wish to suggest to my friend, the Senfrom Michi n, that a great deal of useless re)Ollllfill of anguage would be avoided by so clianging the amendment as to insert the names of these new places after the word “Minnesota, ” in line our of the original bill, and again after the word “St. Paul, ” in the 18th line; because in all other respects the provisions are precisely the same ' and if it be in order I willy move to amend by substituting such provisions, because otherwise every word is a useless repetition of what is alread in the bill. The PRES DENT protempore. An amendment to the amendment is in order.
Mr. EDMUNDS. I move to amend, then, by substituting for the amendment proposed by the Senfrom Michigan the following: to insert after the word “ Minnesota, ” in line 4, the words “CouncilBluffs, in the State of Iowa, and Portland, in the State of Oregon, " and by illSQflifl" after the words “St. ’aul, ” in the 18th line, the same words; and by insertingr after the words “NewOrleans, ” in line 20, the words, “and the said port of Portland is annexed to and made a part of the collection district of the State of Oregon.” The amendment to The amendment was agreed to. The amendment, as amended, was adopted. Mr; WILLIAMS. I should like to hear the bill, as amended, read in full.
The Secretary read it as follows: Be it enactedd.renThat Omahaand NebraskaCity, in the Territory of hcbruska and StPaul. in the State of Minnesota Council Bluffs.in the State of Iowa, and Portland, in the State of Orcgon, shall be and are hereby. constituted ports of delivery, and shall besubjectto the same regulations and restrictions as other arts of delivery in the U.S.; and there shall be appointed asurvryor of customsto resideat eachof said ports who shall, in addition to his own duties. perform the duties and receivethe salary and emolumentsof surveyor prescribed by the act of Congressapproved on the 2d of March. 1&1, pronding tor the pnyment of duties on imported goods at certain ports thercin mcutioned, entitled “An act allowing the dutieson foreign merchandiseimported into Ifittsburg. Wheeling, Cincinnati. Louisvdlo. StLouis. Nashville and Natchez, to be secured and paid at those iluccs.” and the said townsofl)m:ilia and Nebraskaity and StPaul, apd Council Bluffs, in the State of ore and the said ports of delivery be, and are hereby, aunexed to and made a part of the collectiondistrict of NewOrleans, and the said port of Portland is nexed to and made part of the fOllOCllOl] an of Orcizon; and all the facilities affordedby this tsraicidt not of Congressof the2dof March, 189d, be and are hereby, extendedto the said ports of Omaha and NebraskaCity and StPaul. Council Bluffs and Port land, in the state of Oregon.
Mr. WILLIAMS. I suggest that in the 18th line the words the said ports of deliVery” should be stricken out.
Mr. EDMUNDS. That will make better sense.
Mr. WILLIAMS. It will then read “and StPaul and Council Bluffs be, and are hereby, annexed to and made a part of the collection district of NewOrleans.”
The PRESIDENT protempore. That correction will be made, no objection being in terfiohseebdi.ll was reported to the Senate as amend. ed, and the amendments were concurred in. It was ordered that the amendments be engrossed and the hill read a3rd time. The bill was read the 3rd time and passed. On motion of Mr. CHANDLER, the title of the bill was amended so asto read, “A bill to constitute Omaha and Nebraska City, in the Territory of Nebraska, StPaul, in the State of Minnesota, Council Bluffs, in the State of Iowa, and Portland, in the State of Oregon, ports of delivery.” NCAROLINA COLLECTION DISTRICTS.
The PRESIDENT protempore. That is a mere verbal change, and will be made unless objection is interposed. The next amendment was in section one, line 12, to strike out the words “desig nated by the SecyTreasury, ” and to insert the words “ at Plymout.”
Skip Skip The amendment was agreed to. The next amendment was in section one, line 18, to strike out the word “ Cove” and to insert the word “ Core” before the word “sound.”
The PRESIDENT protempore. That correction will be made as a verbal alteration, no objection being interposed. The next amendment was in section one, line 27, alter the word “State, ’I to insert “and the ort of entry for said district of Wilmington shall be at Wilmington.”
Skip Skip The amendment was agreed to. The next amendment was to add at the end of the 1st section the following: And shall be appointed by the President.by and with the advice and consentof the Senate, pnd ro ccive a salaryat therateof$l.Q0operannumin addition to the fees ofoffice: Provide, hat such compensationshall in no caseexceed t o sumof $2.500 perannumin the aggregate.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend ed, and the amen mentswercconcurredin. The bill was ordered to be engrossed for a 3rd reading, was read the thir time, and passed. ENROLLED BILLS SIGNED. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that The SPEAKER had signed the following enrolled bill and JtResolutions; which there upon received the signature of the PreSident protem ore: A bil (H.R.No. 776) in relation the unlawful tapping of Government water pipes; A JtResolution (H.R.No. 83) restorin Tennessee to her relations to the Union; an A JtResolution (H.R.No. 191) relatin to the building lately occupied for a nation fair in aid of the orphans of the soldiers and sailors of the U.S. COMPENSATION OF CUSTOMSCOLLECTORS.
Mr. CHANDLER. I move to proceed to the consideration of Senate bill No. 400. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.400) to fix the compensation of certain collectors of customs, and or other purposes. The ComCommerce reported the bill with several amendments. The tirstainendment was in section one, line 7, after the word “Saluria” to insert “Corpus Christi.”
Skip Skip The amendment was agreed to. The next amendment was in section one, line 9, after the word “year” to insert “in addition to the fees of office; provided, that such compensation shall in no case exceed the sum of $2, 500 perannum in the aggregate.”
The Clerk read The next amendment was to strike out section 3, in the following words: Sec. 3. Abife: That from and after the passageof this notno naval other or surveyor oft 'o customs shall be entitled to receiveany compensationfrom the receiptsfor storage accruing from the depositsof merchandisein any public store or private bonded warehouse; and no collector of the caunsytocmoms.oprenosflaicticornacting as collector shall receive for storage. except that derived fbryommerchandisedepositedin storesownedor leased pubtlhices U.S and usedby such collector as And to insert in lieu thereof: Size. 3. Abife:, That the town of Indianola shull herenfterbe the port ofontry for the district of Saluria.in said State. insteadof LaSalle. And an acts and parts of nets conflictingwith the proVisionsof this act are hereby repealed; and this act ibull takeeffecton andafterthe tday of August nex.
The Clerk read The next amendment was to insert as section 4 the followmg: SEC. 4. Abife: That in lieu of the compensationnow allowedby law there shall here after beflpaidto eachof the deputycollectors, deputy naval o the portsocfers and deputy survcyors of customsat N NewYork. Boston, 1 cwOrleans and SanFranci o a sumnot exceeding $3.500 perannum, out of the appropriation for expensesof collectingthe revenue romcustoms.
Mr. CRESWELL. In this section provision is made for an increase of the salaries of deputy collectors, naval officers, and surveyors of the cities of NewYork, Boston, NewOrleans, and SanFrancisco. I see no cod reason why, if those officers have their so aries increased. the like officers for the city of Baltimore should not also be included. Their compensation now is the same; their duties are precisely the same they are alike onerous, and all alike exposed to the expense of living in large cities. I therefore move to amend the amendment in the 5th line by inserting after the word “ Bos ton” the word “ Baltimore.”
Mr. MORE ILL. These salaries are scaled, and they are graduated with reference to the business transacted at the different offices. Baltimore does not fall within this scale. The same reason that would increase the salary at Baltimore would increase the salary at Port land, in my State; but for the reason which I have assi ned I did not insist in the committee that ortland should be kept in. Port land, Baltimore, and Philadelphia are on the same plane, or nearly so. Portland is ahead of both of them in the shape of impoitations.
Mr. TRUMBULL. I beg to in iiire of the Senfrom Maine whether this bi I increases generally the salaries of collectors.
Mr. MORRILL. No, sir, it does not; and, it is for that reason that I am making these remarks.
Mr. TRUMBULL. “That is the reason for increasing these particular ones? Is there any complaint about them?
Mr. MORRILL. Yes, sir. Their salaries were thoughtto be inadequate. This bill does not very much increase them. It applies to 4 collection districts, the largest in the country. I was just remarking that the committee did not think it advisable to aply the same rule which the Senfrom Maryfiind invokes, in favor of the lower class or grade of districts. I hope the Senfrom Maryland will with draw his motion.because it will inevitably lead to the raising of the salaries of the other of ficers who stand on the same grade as those in Baltimore.
Mr. CRESWELL. I shoal vote for Port land on your argument.
The PRESIDENT protempore. The question is on the amendment moved by the Senfrom Maryland to the amendment of the committee. The amendment to the amendment was rejected.
Mr. CRESWELL. I was about to suggest a verbal correction which is necessary in the amendment to be inserted as the 7th section of the bill. It provides that the act ap‘ proved April 29, 1864, be extended to July 1, 1866. I aprehend that that is a misprint.
Mr. MO GAN. That amendment is not necessary. A similar provision has been passed in another bill. I move, therefore, that that amendment be non-concurred in.
The PRESIDENT protempera. The question now is on the amendment reported by the committee to the 4th section. The 7th section has not yet been reached.
The Clerk read The next amendment was to insert as section 7 the following: SEC. 7. Abife: That the provisionsof the act to ipercasethe compensation of in‘ gectors of customsin certain poi ts, approvedApril. 1864, be extendedto July 1, 1866.
Mr. MORGAN. A similar provision has been inserted in another bill, and I move, therefore, that the Senate non-concur in the report of the committee.
The PRESIDENT protempo re. The question will be on agreein to the amendment of the committee just rea. The amendment was rejected.
Mr. EDMUNDS. I “ move to strike out Beaufort, NCarolina, ” in the 16th and 17th lines of the 1st section. The words I have named are included in the special bill for NCarolina that we have just passed, and are therefore incongruous here.
Mr. MORGAN. That is right. I hope they will be stricken out.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend' ed, and the amendments were concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. SEAMEN’S SHEATH KNIVES.
Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No. 334. The motion was agreed to; and the bill (S.No.334) to prevent the wearing of sheath knives by American seamen was read the 2nd time and considered as in ComWhole. It proposes to extend the existing regulation for the government of the Navy of the U.S. prohibiting the wearing of sheath knives on shipboard, and make it applicable to all seamen in the merchant service. It is to be the duty of the master or other officer in command of any ship or vessel registered, enrolled, or licensed under the laws of the U.S., and of the owner or other persons entering into contract for the employment of a seamen or other subordinate upon any such ship or vessel, to inform every person offering to ship himself of the provisions of this act, and to require his compliance therewith, under a pena ty, of 50 dollars for each omission, to be sued for and recovered in the name of the U.S.A., under the direction of the SecyTreasury, 1/2 for the benefit of the in former and the other half for the benefit of the fund for the relief of sick and disabled seamen. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. SEAMEN 0N AMERICAN VESSELS.
Mr. EDMUNDS. I move that the Senate proceed to the consideration of Senate bill No. 4111. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.419) repealing an act entitled “An act repealing certain provisions oflaw concerning seamen on board public and private vessels of the U.S., approved une 28. 1864.
Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No.135. The motion was a eed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.185) dec aring certain streams in the State of Iowa not navigable streams.
Mr. CHANDLER. As the report of the committee on that bill is adverse, move that it be indefinitely postponed, without reading it. The motion was agreed to. R. P. PARROTT.
Mr. CHANDLER. I will now ask the unan imous consent of the Senate to report from the ComCommerce and pass at this time a bill which was ruled out of order as an amendment on the appropriation bill, and which I was ordered to place on that bill some 4 or 5 months ago. It would have been passed long ago but for that. There being no objeetion, the bill (S.No.445) for the relief 0 R. P. Parrott was read twice by its title and considered as in ComWhole. It directs the SecyTreasury to pay to R. P. Parrott the sum of $12, 198 85, in full payment for building an iron lighthouse at Cape Canaveral, in the State of Florida.
Mr. JOHNSON. Is there any explanation of that?.
Mr. CHANDLER. I will send the papers in the case to the Chair, and ask the Secretary to read the letter of the SecyTreasury, and likewise the report in the case.
The PRESIDENT protemporc. The letter of the SecyTreasury will be read, if there be no objection.
Mr. MORGA i. Perhaps it is proper to state that
Mr. Parrott made a contract With the Government for building a lighthouse at Cape Canaveral in 1860. The Government wished him to stop the work in 1861 when the troubles commenced and he did so at their request. All the papers that are there go to show that fact. Since the war has terminated he has been directed to proceed with the work which he stopped at the request of the Government.
Mr. Parrott, who is a very honorable man and would make no statement but what was entirely correct, has made a statement of this kind. That has been referred to the Lighthouse Board, and they confirm all that he has said and recommend that this amount be paid.
The PRESIDENT ro tempers. Is the read in of the letter aske for?Mr. CHANDLER. Does the Senfrom Maryland desire the reading of the letter?
Mr. CHANDLER. Then I presume it is not necessary to read the letter. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. GEORGE W. FISH.
Mr. CHANDLER. I now ask leave to introduce and have passed another bill, for the same reason, which was neglected today on account of not being in order on the appropriation bill. The bill (S.No.466)for the relief of George W. Fish was read twice by its title.
The PRESIDENT protempore. It requires unanimous consent to censider the bill at this time. Is there an objection?
Mr. CHANDLER. I will send the paers in the case to the desk. I will state that. Mr. Fish was consul at Nin po, where he served some 8 months, an by authority of the SecyState drew drafts for his salary and the expenses of the office. He returned late in 1861, and went immediately into the Army. By some means or other those drafts were protested, and he was compelled to raise $1, 825, which he had actually negotiated. The SecyState recommends that it be paid. It is a just claim.
Mr. WILLIAMS. Is this amount due him for salary?
Mr. CHANDLER. Yes, sir; for salary, office exeases, &c.
Mr. C ARK. I will inquire of the Senator if this is the same matter that he attempted to put on the appropriation bill?
Mr. CHANDLER. Yes, air; this and the previous bill are precisely the same case. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill, which directs the SecyTreasury to pay George W. Fish the sum of $1, 825 04, in full for consular services as U.S. consul at Ningpo, in China, and for exchange due him. The bill was reported to the Senate Without amendment, orderengross fora3rd reading, and was read the 3rd time.
Mr. BUCKALEW. I do not understand how. this claim can arise. If the consul drew a bill of exchange for what was due him, if there was anything duo him, on the settlement of his accounts at the State dept, if the bill was protested he could still diaw the amount by application to the State Dept.
Mr. CHANDLER. He negotiated the bills and had to take them up himself. In point of fact another man ot the salary and he did not.
Mr. BUCKAL i W. But if the bill was not paid by the State Dept, the fund upon which he drew that which was due to him would still continue due to him.
Mr. CHANDLER. And is due yet. That is what is the matter.
Mr. BUCKALE W. What is the difficulty in his drawing the amount if it stands to his credit in the settlement of his account?
Mr. CHANDLER. It does not stand to his credit. He drew a draft and it was protested. The SecyState recommends that this amount be aid because it is justly his due.
Mr. EDMUNDS. You must ask the SecyState, not us. We did not get any explanation on that point. The result of the thing is, that this gentleman now under consideration justly refused to turn over the consulate; when it was left to the arbitration of the charge daffaires at that place, he was for tified in that refusal; he was authorized to draw these drafts by the understanding with the other party who finally tglot the papers, but before his draft at home 0 other party was allowed to taket c money, and he was obli ed to pay his own drafts. If ever a case appeared to the justice of Congress, this is one.
Mr. CHANDLER. The letter from the Asst SecyState to Mr. Fish authoriz in him to draw the drafts which he actually di draw is among the papers, and can be read if desired.
Mr. JOHNSON. I suppose we shall have to pay this amount; but the result is that we are paying 2 consuls for the same service during the same time. I understand the honorable member from Vermont to say that the successor of Mr. Fish drew his draft and it was paid at the State Dept for services sug posed to have been rendered during these ei t months. Now we are about to pay Mr. hish for services actually rendered during the same period. The U.S., therefore. are pay !n twice as much as they were bound to pay. I 0 not know where the fault was.
Mr. EDMUNDS. Exactly; but that ought not to be visited n on this gentleman.
Mr. CHANDL ‘lt. This gentleman resided there at great eXpense and performed all the duties of the office.
Mr. JOHNSON. I do not object to it. I only express surprise that the facts should be so. The bill was passed. DISMAL SWAMP CANAL COMPANY.
Mr. CHANDLER. I now move that the Senate proceed to the consideration of House JtResolution No. 178. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (H.R.No. '178) in reference to the Dismal Swamp Canal company. As the U.S. are interested in the Dismal Swamp canal, connecting the inland waters of the Chesapeake with the sounds of NCarolina, by holding cight100 shares of the stock of the company; and as the canal should he kept open as a navigable highway without furtheroutlay on the part of the U.S.; it is proposed to authorize the SecyTreasury to sell the stock at auction, or otherwise, in such manner as will best protect the interest of the U.S. in the canal, and will insure that it be kept open as a navigable highway, without further expense to the Government; but the instruments and papers effecting such sale are to he approved y the AttyGen before the delivery thereof.
Mr. EDMUNDS. I should like to hear some explanation of this resolution. I was unable to get any in committee, and if any other gentleman of the committee has been more successful than myself, I should certainly be glad to have the Senate informed as to what is the object of selling 800 shares of this stock, and what good is to come of it under the conditions which are named in this resolution.
Mr. CHANDLER. I am unable to give the Senator the information which he desires. This resolution was referred by the ComCommerce to the Senfrom Oregon, [Mr. Nssnu'u, ] and he was to make investigation and report as he thought best; but he is not now present.
Mr. EDMUNDS. I move that the further consideration of the resolution be postponed until tomorrow. The motion was agreed to. SURVEYS OF WESTERN RIVERS.
Mr. CHANDLER. I now move to take up. Senate bill No. 139. The motion was agreed to; and the Senate, as in ComWhole, resumed the cpnsidoration of the hill (S.No.139) to provrde for suryeys of the upper Mississippi and innesota rivers.,
Mr. CHANDLER. As the objects provided for in this bill were included in the encral river and harbor bill, I move that this bill be indefinitely postponed. The motion was agreed to. IMMIGRATION
Mr. CHANDLER. I now move that the Senate proceed to the consideration of House bill No. 481. The motion was agreed to; and the Senate, as in ComWholc, proceeded to consider the bill (H.R.No. 481) to amend an not entitled “An act to encourage immigration, ” approved July 4, 1864; and an act entitled “An act to regulate the carriage of passengers in steamships and other vessels,” approved March 3, 1865, and for other purposes.
Mr. MORGANI move that this bill be indefinitely postponed. l
Mr. EDMUNDS. I should like to hear the bill and the amendment read before the bill is postponed.
the pRESIDENT protemporc. The amendment recommended by the ComCommerce is to strike out all of the bill after the enacting clause and to insert a substitute. Does the Senator ask for the reading of the original bill or of the amendment?
The Secretary read the amendment, as follows: That the not entitled “ An act to smear go immigration." approvedJuly 4, 1864, be and the some is, ereby. repealed.
Mr. JOHNSON. What is the effect of that?
Mr. MORGAN. I move that the bill be indefinitely iostponed.
Mr. JOHNSON. I hop that motion will prevail. I understand that this amendment proposes to repeal the law in relation to immigration, which, I always thought, answered a very good purpose. I hope it will be indefinitely postponed.
Mr. OMEROY. I do not understand why that act should be repealed.
Mr. JOHNSON. Nor I; and that is the reason I want it postponed indcfinitely.
Mr. BROWN. If we postpone this bill, it will not be repealed.
Mr. MORRILL. I do not think it is bestto have it go od‘ in that way without our understanding what the bill is. It is rather an important bill in some ccts. It received the careful consideration of the committee; and if it is desirable to consider the bill at the present time, I have a statement to make in relation to it. T
he PRESIDENT protempore. The motion is that the further consideration of the bill be indefinitely postponed.
Mr. MOltRlLL. It is a sort of “Coolie” business. close on to the business of slave impertation. Now, he says there is an objection, somebody raises an objcction to this sort of thing on the ground “ that it is subjecting a man to an offensive bondage, inconsistent with our general principles, which give a man the right even to break a contract if he pleases, taking the legal consequences.” See his answer to that: “Amwer: "1. It puts no restraint on his person. There is no power of personal reclamation. "2. he ordinary ‘conscguences, ’where a man breaks his contract, are, n.liabilit to subjection in damages. But this liability is noghing to this class of men. The 'consequences’ should be adapted to the case, and the only ones that can operate upon them are those which give a special right to a claimant to take the fruits of their labor. “3. This remedy is peculiarly fit in this view. The employer is an importer of' labor. This labor he buys at a peculiar risk. The workman. who alone has this commodity" That is this laborer" in charge, runs away with it. How fit that the commodity should be seized wherever found." That is the language here.
Mr. WILSON. What is that? What have you got there?
Mr. CHANDLER. I would ask my friendfrom Maine if he will permit this bill to go over until tomorrow?
Mr. ofE. I think that the amendment reported by the committee ought to be adopted and that the bill so amended ought to pass. I really think the act of 1864has stood upon the statute book too long. That act, if I do not misunderstand it, has a very different significance from that attributed to it by the Senfrom Maryland, [Mr. Jonxsos.] I do not understand it to be the whole scope or the main scope of that act to make these contracts entered into in different countries of Europe or elsewhere a lien on the land which the immigrant may acquire in this country. I understand it to be the main effect of these contracts to create a mortgn e on the man himself.
Mr. JOHNSON. Oh, no. It only says the contract shall be a lawful one. It is no more a mortgage on the man than is any debt you or I owe a mortgage on us.
Mr. MORRILL. It says it shall be enforced.
Mr. JOHNSON. Of course, enforced like another contract. Enforced how? By suit.
Mr. HOWE. The act is before me. It says: “All contracts that shall be madeby emigrantsto the U.S.in foreign countries in conformity to regulations that may be establishedby the said Commissioner, whereby emigrants shall pledge the wages of their labor for n.term not exceeding 12 months to rope the expensesof their emigration, shall be held to a valid in law." If in any country in the world one seeking to emigrate to the U.S. has not the means to pay his passage over, shall pledge his labor for a.term not exceeding 12 months, I do understand it to be the purpose of the 2nd section of the act of 1864 to declare that a valid contract and to authorize our courts to enforce it specifically against the immigrant. If that is not a mortgage of the man, so far, I should like to know what it is.
Mr. JOHNSON. It gives to whoever may be entitled to the benefit of the contract the right to receive his wages; that is all a pledge upon his wages, not upon the man.
Mr. HOl E. And authorizes the courts to enforce that pledge.
Mr. HOWE. There is only one way of enforcing it, and that is specifically against the man.
Mr. MORGAN. That is better than to have him robbed.
Mr. HOWE. In the interest of humanity I would not very much object to the establishment of such an office as that if it were necessary for the purposes of humanity; but I take it the State of NewYork will prevent these immigrants from being robbed. In point of fact these immigrants are coming over on contracts made by a corporation existing under the laws of NewYork, which corporation not only undertakes to provide for their passage from Europe to NewYork, but from NewYork to the interior, where their labor is wanted. So there seems to me no possible use for this superintendent of immigration in the city of NewYork. The act provides merely for a Commissioner of Immigration to reside in the city of Washington, and with the help of 3 clerks to keep his hands in his pockets, and a superintendcut of immigration to reside in the city NewYork and to make contracts or to help to make contracts for a class of immigrants that do not come at all; that is, a class of immigrants who have got their money to pay their own bills, when we are only bringing those over who have not money to pay their own bills, hut come on special contracts. I think this law has stood on the statute book too long. I therefore favor the amendment which was reported by the ComCommerce to repeal this act instead of enlarging it. If this bill now pending is postponed, of course the act of 1864 stands. If we adopt the amendment to the bill which came to us from the House, and the House shall concur in that, then the act of 1864 falls to the ground and we are played out in the business of import in labor, as my friendfrom Maine calls it.
Mr. WILLIAMS. Mr. President, I feel somewhat interested in this subject, and the people whom I represent here are considerably interested in it, and I hope that this law of 1864 will not be repealed. While the Senfrom Maine was denouncing the law, I occupied my time in reading its different provisions, and I fail to discover in the law the objectionable features which he seemed to see. He is apprehensive that there is something in this law similar to the institution of slavery, and he says that it ought to be repealed because it operates with peculiar hardship upon immigrants to this country. I have heard of no abuses under this law. I do not believe that the immigrants for whose benefit it was intended have complained of its operation. I do not know why this effort is made to repeal the law. I have always supposed and understood that it was a law beneficial in its operation. It is an admitted fact that there are 1000s of people in Europe who are desirous to come to this country, and it is of advantage to the country that they should immigrate; their labor will be valuable to the U.S. They have not the means to pay for their passage to the country. This law is intended to protect persons, ship owners and others, that may provide those poor immigrants with a passage, because it provides that any contract that such an emigrant in Europe may make with a ship owner to bring him to the U.S shall be valid after his arrival here, and that it shall be enforced by the courts of the U.S. The Senator says that the law provides for impounding the immigrant. I do not know what he means by that expression. There is nothing of that kind in the law.
Mr. JOHNSON. It says expressly that there shall be no servitude.
Mr. CONNESS. When the Senfrom I Oregon rose and began by saying that his constituents were deeply interested in this bill, I spoke from my scat and said that “that was true;” but I had no idea that the interest lay in the direction that the Senator has spo ken in g and, sir, if I had a constituency whose interests lay in that direction, they might have a representative voice, but it could never be mine. This law, if I am not mistaken, when a bill, was considered in the Committee on Fi nance in 1864; that is my recollection. I may be mistaken.
Mr. CHANDLER. I ask that this bill be laid aside informally, while I get the Senate to pass a conEgof others.
Mr. congress. No, pass it over formally.
Mr. CHANDLER. It seems that the debate will continue, and I desire to pass a couple of other bills and then resume the debate on this.
Mr. EDMUNDS. I move to lay this bill on the table. We have other business.
Mr. COWAN. I have always been of opinion that this bill was a very impolitic one, although I think it is free from some of the objections which have been taken
The PRESIDING OFFICER. The question is to lay on the table. It is not a subject of debate.
Mr. COWAN. I should be very glad to see the law repealed. The motion to lay on the table was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the House had concurred in the amendments of the Senate to the following bills and JtResolution: A bill (H. It. No. 587) to incorporate the Soldiers’ and Sailors‘ Union of Washingtou, DistCol; A bill (H.R.No. 779) to incorporate the National Soldiers’ and Sailors’ Orphan Home; an AJtResolution (H.R.No. 190) in regard to rations of Union soldiers held as prisoners of war. The message further announced that the HoRep had passed the following Senate bills and JtResolution, without amendment: A bill (S.No.361) to authorise W. J. Sib l ley, and others, trustees, to sell and convcylot No. 9, in square No. 76, in the city of Washington; A bill (S.No.382) to change the place of holding court in the northern district of Geor 3; g‘A bill (S.No.885) for the relief of Thomas W. Stevens; and A ‘oint resolution (S.R.No. 89) to refer the claim of the administrator of Richard W. Meade, deceased, to the Court of Claims. The message further announced that the HoRep had passed the bill S.No. 285) granting lands to the State of ansas to aid in the construction of the Kansas and Neosho Rail railroad, and its extension to Red river, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had concurred in the amendments of the Senate to the bill (H.R.No. 775) to establish certain post roads, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed a bill (H.R.No. 794) for the relief of Francis Colglpn, in which it requested the concurrence of the Senate.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.447) for the admission of the State of Nebraska into the Union; which was read twice by its title.
Mr. WADE. I move that the bill, together with the constitution of the State of Nebraska, which I now present, be referred to the ComTerritor. The motion was agreed to.
Mr. CHANDLER. I now move to proceed to the consideration of Senate JtResolution No. 103. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the jomt resolution (S.R.No. 103) in relation to the pay and accounts of collect ors of revenue who have failed to take the 're uired oath of office. The ComCommerce reported the JtResolution with an amendment to strike out all after the word “that, ” in line 4, to the end of the resolution, as follows: The SecyTreasury be and is hereby, authorizedto adjust the accounts and pay the sala rics and compensation of ull offirers an employeeof the TreasuryDept who have beenheretofore actually cause in collociing the revenue within the States late] in insurrection such adjustment and nymentto 0 madewith and to eachofficer or oinp oyewho has failed to take the oath of office required by law, wheneverhis successorhas been du y appointed and lawtully qualified, and not otherwise. And in lieu thereof, to insert the following: The Secretary of the treasury be, and is hereby.au thorizedto paya reasonable compensation topeisons by him employedfor the purpose of and who have been actually engaged in collecting the revenue swtiathnidningthtcheStfaatielusrleatoerly in hinsurrectiou.notwith lufiblliig' of such personsto take the oath of offico require by law: Provided. That said compensation shall not be greaterin any casethan that provided for by law for officers of the revenue)or foriiiing such services: 11mlprovided further. but this act shall not bedoomedto authorize tihe continuance of such persons in such employmen.
Mr. EDMUNDS. It strikes me that it would be well to amend the amendment:1.little by adding at the end of it and as part of the proviso the following: Nor shall any compensation or sale. he paid for she servicesof any such personrende after the 1st ny of August 1566.nor shall any such person he thereafterompoyed. The object of this amendment is to provide for the departure of that' class of persons out of the service, of the Government. There are loyal men enough who can be got to perform the service, an it is desirable to dissolve the partnership if pdssible.
Mr. NY 3. I suggest to the Senator whether he had not better add in addition “that no l such sum shall be paid until all such officers or agents have settled with the Government." There is nothing to compel these men to pay over anything; they are under no obligations to the Government.
Mr. EDMUNDS. That would be a good addition to make, but I would put it in this form: Andprorided/ilrfher, That no such compensation shall be paid to any such person until his account! shall have been finally settled and passed by the properaccountingofficersof the Treasury.
The PRESIDING OFFICER. The question is on the amendment to the amendment as now modified. The amendment to The amendment was agreed to. The amendment of the committee, as amend ed, was agreed to. The JtResolution was reported to the senate as amended, and the amendments were concurred in.
The PRESIDING OFFICER. Senator make that motion?
Mr. TRUMBULL. I move to postpone it until tomorrow.
Mr. CHANDLER. I hope the Senate will act upon this bill now, although if the Senfrom Illinois is anxious to have a full Senate I will not insist upon it. As my friendfrom Ver mout m says, every member of the committee was opposed to it when it was 1st introduced; but upon mature consideration, upon looking over the whole ground, as these men had performed the labor, we thought it better to pay them and let them go. They are being discharged; I believe they have all been discharged now; I do not think there are a dozen of them today in the employment of the government.
Mr. CHANDLER. I do not think there is one now. My impression is there is not one; certainly there are very few indeed. There ought to have been none, I admit; but had we not better pay them for the labor they have performed and dismiss them?
Mr. SPRAGUE. I ask whether these 001 lectors, or persons socalled, have not retained the amount of their salary from the taxes they have collected.
Mr. CHANDLER. In not one single in stance as I have been informed.
Mr. JOHNSON. They paid everything over faithfully.
Mr. N YE. I hope this motion to postpone will prevail. I can see no obligation, legal or moral, to pay these men. The presumption of law, I believe, is that everybody understands, or should understand, or is presumed to know, what the existing laws are, and I think it no sort of apolo y at all that the SecyTreasury hel out inducements to these men that this test oath would be repealed. I do not know that he ever did. If he did, he was as suming to himself a prerogative that did not belong to him. I have nodoubt that these reconstructed rebels supposed that the test oath would be repealed or modified when Congress convened; but they have learned ere this that no such foolish thin is oing to be done at all. The Secretary of tie Treasury, in the 1st place, had no right, under the law, to employ them. He knew it; they knew;it and therefore if there is a private contract existin between the SecyTreasury and these men, let him settle with them.
Mr. EDMUNDS. Will the Senator allow me to ask him a question?
Mr. EDMUNDS. If that be so, what right has the Treasury to hold this money? We got it through these agencies; why not pay them back the $1,000,000? We take the fruit, and we ought to nourish the tree.
Mr. NYE. I have no doubt the Senfrom Maryland would be very glad to have the money returned to these reconstructed rebels. Neither have I any doubt that the government has a right to retain this money; it is its own; it does not belong to them.
Mr. EDMUNDS. But had these persons a right to collect it from individuals?
Mr. NYE. Whether they had a right to collect it or not, if it has found its proper lodg ment, that is as far as we have a right to inquire. In the 1st place, there could be no security taken from these men that they would refund one dollar of the money that they collected, and if they had taken every dollar of it the Government would have been as helpless today as they are helpless in point of law to be remunerated for their pay.
Mr. EDMUNDS. Exactly; after they have paid over every dollar.
Mr. EDMUNDS. In the letter of the Secretary.
Mr. NYE. My friend says “ ittook aweek." It should have taken you a month to have undergone such a metamorphosis. Sir, I trust that before this is done we shall have a full Senate so that we may take the deliberate sense of the ody.
Mr. CHANDLER. I hope, then, this res olution will go over until tomorrow.
Mr. EDMUNDS. Could the person who owed the tax plead this payment in bar of prosecution?
Mr. TRUMBULL. He could plead this yment of money into the Treasury of the IllU.S.
Mr. EDMUNDS. I take issue with you on that point as a matter oflaw.
Mr. TRUMBULL. I disa with the Senfrom Vermont as to the law.
Mr. ED MUNDS. He could notjustify through an illegal source. V
Mr. TRUMBULL. It makes no difference how the money got into the Treasury of the U.S. If he has paid the taxes to the U.S., I care not whether there was any revenue collector or not. If the money has been received by the Government of the U.S., the 2 dollars a gallon upon the whisky that has been manufactured, neither the Senator nor I nor any jury in Christendom would hold the man to pay it over the 2nd time after we had received the mone.
Mr. TRUMBULL. Nor the law. There is no such law in Christendom. That is neither justice nor right nor law. The law is founded upon justice and reason and right. It would be money had and received
Mr. EDMUNDS. There are no offsets in such cases.
Mr. TRUMBULL. No, sir; there is no offset to this rebel collector. Now, sir, I say to pay these officers is giving up the value of this law. You might just as well admit one of these persons here as a Senator into this body without taking the oath and pay him. Suppose he came here and refused to take this oath, and discharged his duties, was allowed to come in here and discharge his duties, I do not believe the Senfrom Vcrmontwould allow him to come in; but suppose he did, would he vote, if he had got in here, to pay h? ITIaEDMUNDS Imus think if the other 4046 J“1.312% people had let him come in, I should vote to pay him when I turned him out. If my friend lioui Illinois who was here before me let him in, when I sent him away I should give him his compensation.
Mr. TRUMBULL. I would neither let him in, not pay him when he got in, and I would not pay these officers or these persons who claim to be officers. They are not entitled to itin anysense. There were not oliicers. they were ineligible; the could not be appointe. They are neither entitled to hold the office nor to receive its emoluments. And this evening the Senfrom Michigan says there are very few of these persons now holding office.
Mr. CHANDLER. I said I did not know there was one.
Mr. TRUMBULL. And subsequently did not know there was one, and yet the commit tee is not advised whether there is one or not. I do not know how it is. It is enough for me to know that there can be no officer who refuses to take this oath, and there can be no person entitled to receive the emoluments of office who refuses to take it.
Mr. TRUMBULL. Suppose they do not 80 out.
The PRESIDENT protemporc. The question is on the motion to postpone the further consideration of the JtResolution until tomorrow. The motion was agreed to. DISMAL SWAMP CANAL.
Mr. CHANDLER. I now move to reconsider the vote by which the House JtResolution No. 178, was laid over until tomorrow. The Senfrom Vermont withdraws his objection to that resolution. The mtR agreed to.
Mr. EDMUNDS. I now withdraw my motion to postpone until tomorrow, so that the resolution may be before the Senate.
The PRESIDING OFFICER. The JtResolution (H.R.No. 178) in reference to the Dismal Swam Canal Company is before the Senate as in omWhole.
Mr. EDMUNDS. I will state in a word for the information'of the Senate that I am in formed credibly that the U.S. own a few 100 shares of stock in this company which were subscribed for the purpose of aiding a public work, and that the State of Virginia owns some of the stock, and possibly some other State; that the canal is also under a mortgage, and that it is necessary in Order to keep it opento the public that this stock should be in some way consolidated and disposed of to prevent its going into private hands and to prevent the canal being closed in the interest of a rival company. I think that is a satisfactory reason for passing the resolution. The JtResolution was reported to the Senate, ordered to a 3rd reing, read the 3rd time, and passed. KANSAS AND NEOSHO VALLEY RAILROAD. A message was received from the HoRep, by Mr. McPnsnsos, its Clerk, requesting the Senate to return to the House the bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river, in order that a correction might be made in the message announcing the amendments of the House to the said bill. The Senate proceeded to consider the mes sage of the HoRep, and itwas Ordered, That the Secretary‘returnto the HoRep the hill( S. o. $5)grantimr lands to the state of lumsas to aid in the construction of the Itansns and Ncosho Valleyrailroad and its extensionto Real river. wrth the amendmentsof the House thereto as requestedby it. CIVIL APPROPRIATION BILL.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of House bill No. 737, the miscellaneous appropriation bill, for the purpose ofleaving it as the unfinished business for tomorrow. The motion was agreed to.
Mr. DOOLITTLE. I rise to take the floor on that bill, as when it comes up tomorrow I desire to move some amendments to it.
Mr. DOOLITTLE. I give way to that motion.
Mr. RAMSEY. I desire to move an ad I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. MONDAY, July 23, 1866. The House met at 12 o’clock m. Prayer by Rev. M. FRENCH. On motion of Mr. PRICE the reading of the Journal was dispensed with. 011mmor ausrxsss.
The SPEAKER stated as the 1st business in order the calling of the committees for reports to go upon the Calendar, and not to he brought back into the House by a motion to reconsider. No reports were made.
The SPEAKER stated as the next business in order the calling of the States for resolutions in the inverse order, commencing with the State of Kentucky, where the call rested last Monday. ComReconstruction.
The SPEAKER. The gentleman offered one resolution on Monday last, and it requires unanimous consent to offer another. The resolution was read, as follows: Resolved, That the ComReconstruction' be requiredto reportto this Ilouse whetherany part of the $10,000 heretoforeappropriatedfor the useof said committeehas been paid out or exended and ifso for what purposeand to whompai, exhibitinl all this vouchersfor eachpaymentor expenditure.
Mr. STEVENS. I object to the introduction of the resolution, and I will state that all money expended has been expended by the oliicers of the Senate entirely. The oificers of the House have expended no part of it.
Mr. HARDING, of Kentucky. I did not know but that the committee might want some more money, and I thought it would be nothing but proper to give the SecyTreasury notice.
Mr. STEVENS. I object to the resolution.
Mr. RITTER. I now Offer the same resolution as was offered by my colleague; and I call the previous question upon it. The clerk read the resolution, as follows: Ruched, That the ComReconstruction be requiredto report to the House whetherany part of the 810.000 heretofore apsropriatedfor the useof said committeehas been psi out and expended and if so. for what purposesand to whompaid. exhibiting all the vouchersfor eachpaymentand expenditure. following resolution.
Mr. STEVENS. Is that offered under the call of State's for resolutions?
Mr. HARDING, of Kentucky. Is debate in order?
Mr. HARDING, of Kentucky. Then I object to debate.
Mr. RITTER. I ask for tellers on the demand for the previous question. Tellers were not ordered. The House refused to 2nd the demand for the previous question.
r. WILSON, of Iowa. the resolution. The resolution giving rise to debate, went over under the rule. IMPORTED WOOL.
Mr. BINGHAM introduced a bill to provide increased revenue from imported wool, and for other purposes; which was read a 1st and secontime.
Mr. ANCONA. Does not that bill go to the ComWhole on the state of the Union 'I
The SPEAKER. Any bill proposing increased taxation must go to the comWhole.
Mr. BINGHAM. I move a suspension of the rules.
The SPEAKER. That cannot be done during the morning hour. The bill was referred to the ComWhole on the state of the Union and ordered to be printed.
Mr. BIN GHAM entered a motion to recon. sider the vote by which the bill was referred; which was passed over for the present.
Mr. LAi RENCE, of Ohio. I ask leave to print a few remarks upon that bill. No objection was made, and the leave was granted. (Ellis remarks will be published in the Appen ix.] nouns OF MEETING.
Mr. DELANO submitted the following resolution, upon which he demanded the previous question: Reaolued.That during this week the House will meet at 11 o'clock a.m and will take a recess I rise to debate fromhalf past 4 o’clockto half past 7 o’clock p. m and the 1st business in orderat the evening sessionshall bebusinesson The SPEAKER'stable.
Skip Skip Mr. MORRILL. I demand tellers on see onding the demand for the previous question. Tellers were ordered; and Messrs. Drmxo and LEBLOND were appointed. The House divided; and the tellers reported ayes 59, noes 34., So The previous question was 2nded. The main question was then ordered to be pat. The question was upon agreeing to the resolution; and being taken, upon a ivision there, were ayes 69, noes 34. Before the result of the vote was announced, Mr. FARN SWORT H called for the yeas&nays. The question was taken upon ordering the yeas&nays, and 15 members voted in the aliirmative. Mr. HARDING, of Illinois, called for tellers on the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. The resolution was accordingly a eed to. Mr. MORRI LL mtRtv the resolution was agreedto; on the table. agreed to upon a division ayes 64, noes 30. FENIANS CAPTURED IN CANADA.
Mr. CLARKE, of Ohio, submitted the following resolution, upon which he called the previous question:. Reunion].That the HoRep respectfully requestthe POTUS to urge upon the Canadian authorities and also the British Government the releaseof Lao Fenian prisoners recently capturedin Canada.
Skip Skip Upon 2nding the previous question, upon a division there were ayes 59, noes not counted. So The previous question was 2nded and the main question ordered. The question was upon agreeing to the resolution. Mr. ANCONA. Upon that question I call for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the allirmative yeas 112, nays 2, not voting 67; So the resolution was agreed to. During the roll call the following announce ments were made: Mr. ANCONA. My colleague, Mr. SAMUEL J. Banana, is detained from the House by in disposition. If he were here he would vote for the resolution. Mr. RADFORD. I desire to state that my colleague, Mr. WINFIELD, is absent on account of indisposition. If he were here he would vote for the resolution. The SPEAKER. The Chair has been re uested to announce that Mr. TBAYER and Mr. each are detained from their seats by indis position. The result of the vote was announced as above.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Sceretar, announced that the Senate had passed. without amendment, a JtResolution of the House (No. 191) relating to the building lately occupied for a national fair in aid of the orphans of the soldiers Wad sailors of the U.S. The message further announced that the Senate had passed, with amend eats, a JtResolution of the House (No. 3) declaring Tennessee again entitled to Sens&Reps in Congress; in which amendments the concurrence of the House was requested. The message further announced that the Senate had agreed to the amendments of the House to Senate bill No. 260, to define the number and regulate the appointment of officers in the Navy, and for other purposes. PARDON OF G. E. PICKETT.
Mr. SCHENCK submitted the following res olution, upon which he demanded the previous question: Resolved.That the POTUS he respectfullyrequestedto inform this House.if in his 0 union not incompatibleWiththopublic interest, whet or an application hasat any time been rando to him for the pardon of G. E. Pickett. who actedasa major generalof rebel forces in the late war for the suppression of insurrection; and ifso. what has been the notion thereon; and that lic communicatecopies of all papers.entries, indorser nciitos.r other documentary evidence having relation to any proceeding in connectionwith such application for pardon. And that he also informthis House whether.since the ail joiirnment at Raleigh. NCarolina. on the 301h of march lust, of the last board or court of inquiry which was convened to investigatethe factsattonding the hanging ofanumber of U.S. soldiers for nlleged descrtion from the rebel army. any further measureshave beentaken to bring the said Pipket ttor other perpetrators of that crime to punishment.
Skip Skip The previous question was 2nded and the main question ordered; and under the opera‘tion thereof the resolution was agreed to. Mr. SCHENCK mtRtv the resolution was agreed to; on the table. agreed to. ASSASSINATION of PRESIDENT LINCOLN.
Mr. LEBLOND submitted the following resolution, on which he demanded the previous question: Resolved.That A. J. Roorus. a member of the ComJudiciary.be and he is. authorized to take a copy of the evidence before said committeein the casereferredto it. to inquireinto and report whether JeffersonDavis and others had any connectionWith the assassination of Precident Lincoln; and that he have a stenographer to assist him. who is to be appointed by the S caker. swornto secrecy and to be under the contro of the House: and that said copy be taken when the papers are not in actual use y Hon.
Mr. BOUTWELL;and that the papenmirany of them.benottakenfromthe committee ropm and be usedfor no purpose but for the useof said Romans asa.member of said committeein investigatingsaid case.
Skip Skip Mr. WILSON, of Iowa. I hope that the previous question will not be 2nded. On 2nding the previous question, there were ayes 30, noes 72. Mr. ROGERS called for tellers. Tellers were ordered; and The SPEAKER appointed Messrs. Roouns and BOUTWELL. The House divided; and the tellers reported ayes 27, noes 73. So the previous question Mr. WIPLSON, of Iowa. resolution. was not 2nded. I rise to debate the
The SPEAKER. Then it goes over under the rule. PAY OF A COMMITTEE CLERK.
Mr. WELKER submitted the following res olution: ReaolverlThat the salary of the clerk to the comClaims be fixed at the same rateas that of the clerk of the ComAppropriat. to commence from the 1st dayof the present session of Congress.
Mr. ANCONA. I make the point of order that, under the previous resolution of the House, this resolution must go to the Committee of Accounts.
Mr. WELKER. I introduced it for referonce to that committee. The resolution was referred to the Committee of Accounts. PROVOST MARSHAL GENLFRY.
Mr. ECKLEY. I submit the following res olution at the re$iest of the Gentfrom NewYork, Mr. WIS, ] and I will state that I propose to ebate it: Whereason the30thof April alctter purporting to be written by; GenlFry was read in this House. together Wit sundry documents accompanying it. which letter was grossly libelous and reflectedupon the public and private character of a member: and whereasthe House having orderedan inquiry as to said letter and its truth or falsity; and whereasfor that purpose a.select committeewas raised. Which committeehas ascertainedand re urted said letter to have beenfalseand malicious: heroforc. 1temloed, Tha tthe ComJudiciary be instructed to inquire and report whether any breach of the privilegesof the housenotsulIicientlyreported upon by said lect committee has been committedin connection With writing or sending said letter. the documents accompaning the same or the introduction thereof into the ouso or causing the same to be read in the House or entered upon the recordof the House or making the same iiiilic and if so. by whom, and what action.ifany.s iould belaken; and that said committeealso inquire and report whether said libel has been republished or renewedby the said GenlFry or any other person since the termination of the session of said committee and ifso, by whom, and whetherany and what action oughtto behad thereon; and that said committee havcpowcf to sendfor personsand, papers.
Mr. ECKI.EY] proposes to debate this resolution, it goes over under the rules. ENROLLED BILLS ANDJtResolution.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and iound truly enrolled bills and a JtResolution of the following titles; when The SPEAKER si ued the same: An act (H.R.o. 230) to amend an act to establish the charter of the Alexandria and Washington railroad, passed March 3, 1863; An act (H. It. No. 659) to authorize the extension, construction, and use by the Baltimore and Ohio Railroad company ofarailroad from between Knoxville and the Monocacy Junction into and within the DistCol; An act (H.R.No. 379) to establish, in the DistCol, a House of Correction for boys; An act (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending 80th of June, 1867, and for other purposes; An not (H.R.No. 477) further to provide for the safety of the lives of passengers on board ofvessels propelled in whole Orin part by steam, to regulate the salaries of steamboat inspectors, and for other or voses; An act (H. o. 124) authorizing the construction of a jail in and for the DistCol; An act (H.R.No. 564) to annul the 30 4th section of the declaration of rights of the State of Maryland so far as it applies to the DistCol; An act (H.R.No. 709) for the relief of Mrs. Eleanor C. Ransom; An not (H.R.No. 601) to grade East Capi tol street and establish Lincoln square; An act(H.R.No. 615) legalizing marriages, and for other purposes, in the DistCol; andJtResolution (H.R.No. 159) authorizmg the ComrPubBldg to employ 3 additional watchmen in the Smithsonian grounds. FENIANS
Mr. SPALDING submitted the following resolution; on which he demanded the previous question: Resolved.That this House respectfully request the President to causethe prosecution instituted in the U.S. courts a aiiist the Fcnians to bedis continued, if compatibe with the public interest.
Mr. ANCONA demanded the yeas&nays. The yeas&nays were not ordered. The resolution was adopted. Mr. ANCONA mtRtv the resolution was adopted; upon the table. agreed to. VERIFICATION OF ACCOUNTS.
Mr. LAWRENCE, of Ohio, submitted the followin resolution, on which he demanded the previous question: Resolved.That hereafter all bills or accountsfor work or labor done, or materialsor supplies of any kind furnished for the use of the HoRep of the U.S shall beverille by an atlidavit ‘that the same is correct, and the amount thereof is Justly due and unpaid: that the items therein namedwere duly doneor delivered for the useof the HoRep: that the prices therein charged.except when the price shall have been fixed by law or duly authorized contract are the usual and ordinary riees: that nothing hath been, or is intended to c, paid, directly or indirectly, to any person as a considerationfor the purchase of any ot the items thereincharged: and that no olIicer of the Government hath any interest, directly or indirectly, in thesame: Provided, That this shall not apply to pay rolls of the House or to aceounts incurred by any committee of the House and approvedby the chairman thereof in writing. And the resolution of the House of Jul 3, 1866, directing the modeof verifying accounts.is erebyrepealed.
Skip Skip The previous question was 2nded and the main question ordered. Mr. KERR moved that the resolution be laid upon the table; and on that motion demanded the yeas&nays. The yeas&nays were not ordered. The motion to lay upon the table was disagreed to. The resolution was then adopted.
Mr. ROLLINS mtRtv the resolution was adopted; upon the table. agreed to. CONSTITUTIONAL AMENDMENT COMMITTEE.
Mr. ASHLEY, of Ohio, submitted the following resolution, on which he demanded the previous question: Barclaml, That a select committee of 7 be appomted by The SPEAKER.to whomshall be referred all bills and Jtresolutions new pending before an committee of this House, and all which may hereafter be offered. DI‘ODPFIHaZn amendmentto the constitution of the U.S.renderin any person who hasbeen elected Ij‘resident, ineligi lc to a 2nd term: asalso all bills nnd JtResolutions proposing achn‘nge in the mode and manner of elect sntgt the President and VEEP.
Skip Skip The previous question was 2nded and the main question ordered. Mr. JE BLOND moved that the resolution be laid 11ion the table; and on that motion demande the eas and says. The yeas an nays were ordered. The question was taken; and it was decided in the affirmative yeas 71, nays 42, not voting 58;. So the resolution was laid on the table.
The SPEAKER. The morning hour has expired, and the House resumes the consideration of the amendment of the Senate to House bill No. 365, which was under consideration when the House adjourned on Saturday. NEWJERSEY SOLDIERS, CERTIFICATES.
Mr. NEWELL, by unanimous consent, introduced the following concurrent resolution; which was read a 1st and 2nd time: ResolvedlayihcHow Representativest.heSenate concurring.) That the a utant general 0 NewJer seybeauthorized to trapsinit throu by the mail free of postagecertain certificates of t anks awarded by the Legislature to the soldiersof that State, ungi r spehregulationsas the PostMGenl may irec.
Skip Skip The resolution was read a 3rd time and passed. Mr. NEWELL mtRtv the resolution was passed; on the table. agreed to. SOLDIERS, CEMETERIES IN TENNESSEE.
Mr. SCHENCK. The SecyWar has communicated to the ComMilAffrs a number of very interesting reports in relation to the national cemeteries for soldiers in Tennessee. I ask that they may be printed and laid on the table. No objection being made it was so ordered. ASST HOUSE STENOGRAI'HER.
Mr. ROLLINS. I ask unanimous consent to introduce the following resolution: Rewlved. That
The SPEAKER be authorized to appoint e competentstenographc rasasstofficial reporterto the committeesof the House.who shall beJpaid out of the contingentfund. commencing1st of nnc.1866, the same compensationpaid to such official reporter, whose term of serviceshall expire March 4, 1867.
Mr. ROSS. I call for the regular order. BITCHES AND CANALS IN PACIFIC STATES. The House accordingly resumed the consideration of the regular order, being the unfinished business of Saturday, which was the ameuduient of the Senate to House bill No. 365, granting the right ofway to ditch and canal owners over the public lands in the States of California, Oregon and Nevada, on which the previous question had been ordered, the pending question being the motion of Mr. SCHENCK to lay the bill and amendment on the table, on which the yeas&nays had been ordered.
Mr. HIGBY. I ask unanimous consent to make a statement.
Mr. JULIAN. I will not object if I can make astatement also.
Mr. lNGEltSOLL. How much time does the gentleman want? 5 minutes?
Mr. HIGBY. I do not want more than 2 minutes. I only ask the Gentfrom Ohio [Mr. SCHENFK] to withdraw his motion and that the House by unanimous consent allow 20 or 30 minutes for a statement of this case, giving the chairman of the ComPubLands [Mr. Jonas] 1/2 the time. I think we can dispose of this matter, which is one of great importance not only to the West but to the East.
Mr. SCHENCK. I am perfectly willing to withdraw it with that understanding.
The SPEAKER. How long does the Gentfrom California want for debate?
Mr. KASSON. Before that I would ask if this will allow the carrying out of an arrangement with the gentleman in charge of the bill, that is, to endeavor to get the consent of the House to offer certain amendments that will remove certain objections.
Mr. HIGBY. have no control of the mat;ter except by the unanimous consent of the House. The bill is beyond debate except by unauimouh consent, and I have no powerto make an arran ement.
Mr. STEVENS. I find that t ’is is a very important measure and ought to have exami nation. I therefore move to reconsider the vote by which the House ordered the main question to be put. The motiOn was agreed to ayes 53, noes not counted.
Mr. JULIAN. I am very glad to have the opportunity which I have soughtto discussthis extraordinary measure; and in the outset I desire to state some facts which are necessary to a full understanding of the questions involved. About 2 weeks ago the Senate passed a bill on the subject of the occupation and sale of the mineral lands of the U.S. The bill was sent.to this House, and on my ownmotion was committed to the ComPubLands. That committee today has the whole sub'cct under its consideration, and is maturin an perfecting the bill as fast as it can and will soon be able to report it in some form to the House. The friends of this bill in the other end of the Capitol, becoming eager and iinpatientofdelay, on Saturday last called up a bill of the HoRep entitled “ An act granting the right of way to ditch and canal owners over the public landsin the States of California, Oregon, and Nevada, ” and struck out the whole of it except the enacting clause, and inserted the very bill which is now before the House ComPubLands. This was doue by the Senate, apparently without comprehending its own action, through the adroit tactics of the gentlemen referred to. The bill was sent in hot haste to this House on Saturda alter noon, when it went to
The SPEAKER’s tab e; and when, soon afterward, we proceeded to business upon The SPEAKER’s table, the bill was taken up, and under the gag, with no opportunity forde hate or amendment, the attempt was made to. ferce through this House a measure revolutionizing the wholeland policy of the Government, abdicatingin the name of the nation its authority and jurisdiction over the richest mineral possessions on the face of God’s earth, found imbedded here and there over a million square miles of our national territory. Now, sir, it' I had not obtained the opportunity to discuss this measure Ishonld have raised the point of order that this bill is not properly be ore.the House, and cannot be, without a successful motion to reconsider its ref erence to the ComPubLands or a motion to discharge that committee from the further consideration of it in order that the House may now not upon it. That point of order, however, is, perhaps, not now necessary, since the House has decided to allow the bill to be debated. But I refer to these facts to show how the attempt is made here to over turn all those parliamentary safeguards by which hasty and dishonest legislation is sought to be prevented in this body. For, if this style of legislation is to be tolerated by this House, every one of its standing committees becomes a sham and a mockery, and the House is defrauded of its right to have those committees prepare and mature measures for its action. Sir, this indecent haste. this attempt to thrust upon us a bill under a false title, which has taken its ordinary course under our rules, this plot to obtain legislation under false pretenses, is a reproach to public decency and common fair p ay, and merits the rebuke of this body. Mr. Speaker, before proceeding to discuss this measure. I desire to move to amend the bill by striking out all after the 1st section, and insert what I send to the Clerk’s desk.
Mr. JULIAN. If that amendment is not adopted I desire to offer some amendments, which I ask to have read.
The Clerk read as follows: Amend Senate bill No. $7. in line 8, section 2. by strikin out “1,000” and inserting "500.’
Mr. JULIAN. I have designated my amendments by the lines and sections of that bill. because this is virtually the same bill, and the one now before us is not printed.
The SPEAKER. Senate bill No. 257 is not now before the House.
Mr. JULIAN. I know that, but I refer to it simply by way of designating my amendments.
Mr. HIGBY. I make the point of order that the hill to which the gentleman offers his amendments is not now before the House.
The SPEAKER. The Chair sustains the point of order. The Chair cannot entertain an amendment to Senate bill No. 257.
Mr. WOODBRIDGE. I rise to call the gentleman to order. I submit that reflections upon members of the Senate are not in order.
Mr. JULIAN. Mr. Speaker, I made no reflection upon any memlier of the Senate; anld the gentleman’s point of order is not well to (en.
The SPEAKER. It is not in order to make reflections upon Senators. The Chair stated on a previous occasion that Senators have the right to come upon this floor to confer with members in regard to legislation, as representiiTTVes have the right to go upon the oor of the Senate Chamber to confer with Senators in regard to legislation; and Senators coming on this floor must not be criticised by members, as the Presiding Officer of the Senate would refuse to allow Senators to criticise Representatives.
Mr. BIDWELL. I desire to ask the gentleman whether or not the report from which he has just read is not the strongest possible argument in favor of the bill now before the House; whether that report does not favor precisely this bill.
Mr. McRUER. Iwonld ask the gentleman if the registers and receivers of the land office have final jurisdiction over these questions, and if every single case brought before them is not subject to a)])(.‘!llto the Land office in this city?
The SPEAKER, before I take my seat, whether it is now in order for me to move to commit this bill to the ComPubLands, as Igave notice the other day I would do, that committee now having charge of the subject.
The SPEAKER. That motion will be in order.
Mr. JULIAN. I will make that motion. As I said before, this bill is in the ComPubLands, who have partially matured it. We are now completing the consideration of it, and erhaps after another session we will he througi with it. The bill has been re'en acted by the Senate under a false title, and is hurriedly brought here for the pn ose of cutsing a standing committee of this case of its jurisdiction. That action, I claim, on ht n of to receive the sanction of this House, nn esswe are willing to take from our standing commit tees their powers in the preliminary examination of questions upon which we are to not. I now move that this bill be referred to the ComPublicLands.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FOBNEY, its Secretary, announced to the House that the Senate had passed, without amendment, a House bill (No. 776) in relation to the unlawful tapping of Government water pipes. The messagefurther announced that the senate had passed, with an amendment, 9. JtResolution of the House (No. 190) in regard to rations of Union soldiers held as prisoners of war, in which amendment the concurrence of v the House was re nested. The message urther announced that the Senate had passed JtResolutions of the following titles, in which the concurrence of the House was requested: A JtResolution (S.R.No. 133) to change the place of holding the terms of the circuit court for the district of WestVirginia; and A JtResolution (S.R.No. 1892 for the benefit of the Illinois Soldiers’ Co lege and Military Academy.
Skip Skip LEAVES OF ABSENCE. Mr. ASHLEY, of Ohio, asked and obtained indefinite leave of absence for himself. Mr. SCHENCK. My colleague, Mr. BUNDY, is compelled to leave on imerative business, and I ask leave of absence or the remainder of the session for him. No objection was made, and leave was accordingly granted. PBINTI KG 0? TESTIMONY.
Mr. ASHLEY, of Ohio, from the ComTerritor, reported certain testimony taken by that committee, in pursuance of the order of the House, in connection with Utah which was laid upon the table and ordered to be printed. LEAVE or ABSENCE.
Mr. SPALDING. I ask leave of absence for my colleague, Mr. Bnexsuzw, after Wed nesday next.
Mr. WILSON, of Iowa. I must object to any further leaves of absence being granted this session, unless some very good reason is assigned.
The SPEAKER. The Chair asks leave of absence for the Gentfrom Iowa, Mr. Galmvnmh
The SPEAKER. The Chair asks leave of absence for the Gentfrom Missouri, Mr. NOILLhLI Isov I b' t ll Mr. rI. 0 cc.
The SPEAKER. The Chair will state am the votes this morning show the presence of only 18 more than a quorum. FOWLER, KIRTLAND AND COMPANY.
Mr. RICE, of Maine. I ask unanimous consent that Senate bill No. 429, for the relief of Janos, Fowler, Kirtland & CO., be taken from
The SPEAKER’s table and referred to the ComDistCol.
Mr. SPALDING. I object. MINING BITCHES, ETE. AOAIN.
Mr. KASSON. I have seVeral amendments which, by an arrangement that has been made, I propose to offer to this bill. I desire to inquire of the Gentfrom California [Mr. HHGBY] whether he would refer that I shall offer those amendments be ore or after he has submitted his remarks.
Mr. HIGBY. I would like to know by what agreement or arrangement the gentleman is to have the opportunity to offer those amendments.
Mr. KASSON. The gentleman in charge of this bill, with whom such understandin s are always arrived at, agreed that I should have the opportunity this morningto otferthe amend meats. If the Gentfrom California wishes to preclude all amendments to‘this bill, even those most friendly to his interests, I certainly shall not press them upon the attention of the House.
Mr. HIGBY. I was not aware that there had been any such agreement. Whatever ar rangement has been made, I of course will live 11 to it.
Mr. HIGBY. I yield 5 minutes to my colleague.
Mr. HIGBY. I yield ten minutes to the Gentfrom Nevada.
Mr. ASHLEY, of Nevada. Mr. Speaker, as a matter of course, in the brief space allowed me, I cannot discuss this bill fully. There are 2 or 3 objection that have been urged to this measure as if they were of vital importance. It is objected, 1st, that our local rules in regard to mining are conflicting. In regard to that, I will say that they are not so much so as the report which was read this mornin by the Gentfrom Indiana
Mr. TRIMBLE. Will the Gentfrom California yield to me for a question?
Mr. TRIMBLE. Do I understand the Gentfrom Californta to say that the ComMining have had this bill under consideration and unanimously recommend its passage?
Mr. HIGBY. They have had before them a bill precisely similar, word for word, and have unanimously agreed to report it.
Mr. TRIMBLE. Let me ask one further question: has the same bill, or a bill substantially the same, received the approval of a majority of the ComPublic Lands?
Mr. HIGBY. My colleague, [Mr. McRUER,] who is a member of the committee will answer that question. I have understood from him that such is the fact.
Mr. McRUEIt. The majority of the committee are ready to vote in favor of reportin the bill whenever an Opportunity is afforde to them.
Mr. TRIMBLE. Do I understand that they have had the bill before them and that a majority of the committee are willing to report it?
Mr. KASSON. Before the question is put I would ask the member from California whether, in case the motion to commit the bill is defeated, he will then allow me to offer the amendment which I have already explained to the House.
Mr. HIGBY. I do not know that I have any objection to allowing a vote to be taken.
The SPEAKER. The Chair will state that when the Gentfrom Iowa [Mr. Ksssos] was upon the floor by the permission of the Gentfrom California, [Mr. HlGBY, ] he indicated certain amendments which he proposed to offer with a view of perfecting the amendment of the Senate. But previous to that time the Gentfrom Indiana [Mr. JULIAN] had moved to commit the bill to the ComPubLands, which of course prevented any amendment being offered. If there be no objection the amendments indicated by the Gentfrom Iowa will be considered as pending.
Mr. KASSONL Then I hope the bill will be committed.
Mr. HIGBY. I now ask for the reading of the indorsement upon the bill which I send up.
The Clerk read as follows: Ihave read the within bill. I do not hesitateto say that I heartily approve it s principles and the policy indicated for the disposition of the mineral ands. JAMES HARLAN. July 23, 1866.
Skip Skip The previous question was 2nded and the main question ordered; being 1st upon Mr. JULIAN'S motion to commit the bil to the ComPubLands. Mr. JULIAN demanded the ycas&nays, and tellers on the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. Mr. Jmum’s motion was disagreed to ayes 17, noes not counted. The question recurred upon the amendment submitted by Mr. JULIAN for the amendment of the Senate, and being put, the said amendment was disagreed to. The question then recurred upon agreeing to the amendment of the Senate. Mr. JULIAN demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 73, nays 37, not voting 71; So the amendment was concurred in. Mr. HIGBY mtRtv the amendment was concurred in; upon the table. The atter motion was agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill.reported that the committee had examined and found correctly enrolled bills of the following titles 3 when The SPEAKER signed the same: An act (S.No.236) to authorize the construction of certain bridges and to establish them as post roads; An set (S.No.123) grantin lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad of Ca ifornia, to Portland in Oregon; and An act (S.No.269) to define the number and regulate the appointment of officers in the Navy, and for other purposes. ASSAULT UPON A CLERK.
Mr. ALLEY. I rise to a question of privilege. The special committee, to whom was referred the investigation of the assault upon Uriah H. Painter by B. F. Deveridge, have instructed me to report the testimony, With the accompanying resolution, which I send to the Clerk’s desk and ask to have passed.
The Clerk read the resolution, as follows: Resolved.That the Sergeant at Arms be directed to deliver into the custody of the civil nuthonhps Benjamin F. Beveridge and to prosecutethe said Beveridge beforethe criminal court in this District for an assault upon the person ot‘Uriah H. Painter. an officer of this House within the walls of the Capitol and that the evidencetaken in the case by the orial committee of the House be delivered to the U.S. district attorneyfor this District.
Mr. FARNSWORTH. I do not like to have it go upon the record that I, as a member of this select committee, hold the law to be at all as stated by the chairman of the committee, [Mia Ai.i.i:Y.] I do not understand that the committee came to any such conclusion. My opinion is very clear that congress has the right to imprison this person until the 4th day of March next. I do not see why it may not as well imprison over the recess until December next as over a recess of 3 daysor one day.
Mr. A LEY. It is true, as the gentleman observes, that he did not concur with the majority of the committee in their opinion as to the construction of the law. With this exception I understood the committee to be unanimous. But the Gentfrom Illinois [Mr. Fauss wou'rii] now says that he dissents.
Mr. FARNSWORTH. I do not dissent from the resolution. I believe that it was originally my own proosition to turn this man over to the civil aut orities. But I dissent from the statement that the committee came to the conclusion that this House has no power to imprison this man beyond the present session. I maintain that the House as power to hold, him in custody till the 4th of March next.
Mr. ALLEY. I understood the gentleman to say that he was opposed to the resolution. I was somewhat surprised at this, because, as I have presented it, it is almost identical in form with a resolution which the gentleman himself drew up. The committee reluctantly came to the conclusion that it was the best course to report a resolution similar to that which the gentleman 1st proposed. I under stood the gentleman to maintain in committee that it was a matter of great doubt whether the House has the power to hold this man beyond the close of the present session, and that be for one believed we had no such power. I of course accept the gentleman’s correction. I have only mentioned this to show thatI had reason for representing him as in favor of the resolution.
Mr. FARNSWORTH. Mr. Speaker, my only purpose is to put myself right OBtllO rec ord, as this case may be cited as a precedent hereafter. I concurred in reportin this res olution partly for the reason that thought i; well enough to turn this man over to the civil authorities, to be punished by them, but chiefly because the person assaulted although an officer of the House, was not at the time in the performance of his duty as such officer; and therefore a question might arise as to the power of the House in such a case. The committee at 1st came to the conclusion to report a resolution providing for turning the man over to the civil authorities, to be kepein close confinement in the jail of the DistCol until the further order of the House, the object being to kee him there till the close of the next session of p congress. Subsequent] the committee revised that conclusion, an thought it best, on the whole, to report this resolution, in which I concurred. think it best, on the whole, that the resolution should be adopted. I rose simplyto protest that I did not concurl in the opinion expressed by the chairman of the committee, that the House has no power to hold this man in custody beyond the close of the present session. As this report may be cited hereafter as a precedent, ‘I want to go upon the record as in favor of the right of either House of Congress to punish a man for contempt or breach of its privileges by confining him until the termination of the congress its dissolution, and not the mere end of the session.
Mr. ALLEY. I will add but a few words, and then I will call the previous question.
Mr. TRIMBLE. Wi l the gentleman yield to me for a moment?
Mr. TRIMBLE. Mr. Speaker, I heartily indorse this resolution, with the exception of that part which instructs the Sergeant at Arms to prosecute this man. I think that art is rat ier a reflection upon the local authorities of the DistCol. Still I presume that those authorities will not regard it in that light. I have been in favor all the time, since hearing the evidence, of turning this man over to the civil authorities, to be dealtwith in accordance with the laws passed by Congress for the government of such cases in this District. onsequently I am in favor of the resolution. At the same time I do not believe that we have the powerto kee this man in custody one moment beyond teclose of the present session of Congress.
Mr. ALLEY. Mr. Speaker Several Marianas. Question! Question I
Mr. ALLEY. I understand my rights on this floor. Gentlemen may call “Question” as much as they please, but it does not affect me. This is an important matter, important as a precedent, and involving the rights and liberty of a citizen of this District.
Mr. HUBBARD, of Connecticut. What is the question? I do not understand anyone, objects.Mr. ALLEY. I will say a single word in reply to the Gentfrom Illinois, and then I Will call or the previous question. The committee felt that this was a most aggravated assault, entirely without reason or provocation; and ifitwere in the power of this House to punish this man we all thought he deserved it, and we were disposed to inflict the severest punishment upon iim. I understood most distinctly that they believed it was very doubtful at any rate whether we had the power, and therefore instructed me to offer the resolutions I have reported. It was for that reason, and that alone, I consented to report the rewlutions. I believe the punishment inflicted upon this individual should be of the severest character, as for a great and heine us crime. Bill. doubting our power to punish, as I do, after consultation with the best lawyers in both Houses of Congress, I have submitted the proposition before the House. I now demand the previous question. Mi)“.ROSS. For how many papers does
Mr. ALLEY. I do not yield for any purpose and insist upon the previous question.
Skip Skip The previous question was seconed and the main question ordered; and under the operation thereof the resolution was adopted. TENNESSEE QUESTION of PRIVILl IGE.
Mr. TRIMBLE. I rise to a question of privilege. The Constitution declares that “ each House shall be the judge of the elections, returns, and qualifications of its own members.” On Friday last this House declared by res olution as follows: " That the state of Tennessee is horobydeclaredto be restoredto her former proper. practical relations to the Union, and again entitled to be represented by Sens&Reps in Congress, duly electedand qualifiedupon their taking the oaths of chinaby existing laws.’ As I suppose this House will not stultify itself by refusing those gentlemen seats in this Hall, I now move as a question of privilege that N. G. Taylor, J. W. Leftwich, an Edward CQOper be sworn in as members of this House.
The SPEAKER. The Constitution does declare that each House shall be the judge of the elections, returns, and qualifications of its own members; but the HoRep has decided, with the concurrence of the Senate, that certain States, not represented during the last 4 years in the Congress of the U.S., shall not be entitled to representation again until by concurrent action of both branches they shall be declared to be entitled to representation. The House, therefore, declared it has no constitutional right so to judge. The Chair overi ules the demand that gentlemen claiming seats from Tennessee shall be sworn in.
Mr. TRIMBLE. From that decision, with all due deference, I take an appeal.
Mr. STEVENS moved that the appeal be laid upon the table.
Mr. LEBLOND demanded the yeas and nayfsh.e yeas&nays were ordered. The sestion was taken; and it was decided in the a rmative ycas 94, nays 18, not voting 60; So the appeal was laid upon the table. REP‘tT OF COMMITTEE ON MANUFACTURES.
Mr. LATHAM, from the ComPrintg, reported the following resolution; which was read, considered, and agreed to: Resolved, That there be printed of the repqrt of the ComManufactures.lately submitted. 25100 extra.copies for the useof the committee and 500 extra copiesfor the use of the House.
Mr. BINGHAM. I move that the House proceed to the business on The SPEAKER’s table. The motion was agreed to. SOLDIERS, AND SAILORS’ NATIONAL UNION. The 1st business on the Speaker's table wasthe Senate’s amendment to house bill No.687, to incorporate the Soldiers’ and Sailors’ National Union of Washington, DistCol.
Skip Skip The amendment was agreed to. SOLDIERS, AND SAILORS, ORPHAN 110113. The next business in order on The SPEAKER’s table was the Senate’s amendment to House bill No. 779, to incorporate the National 801 diers’ and Sailors’ Orphan Home.
Skip Skip The amendment was agreed to. I‘OST ROADS. The next business on The SPEAKER’s table was the Senate amendments to House bill No. 775, to establish certain post roads. Amendments to the Senate amendments Were moved by Mr. Conn, Mr. Cossuno, Mr. Ascosa, Mr. NEWELL, and Mr. Mouurox, which were severally agreed to. The Senate amendments, as amended, were then agreed to. TENNESSEE. The next business on The SPEAKER’s table was the amendments of the Senate to House JtResolution No. 83, declaring Tennessee again entitled to Sens&Reps in Congress.
Mr. CELDRIDGE. I demand a separate vote on the amendments. The 1st amendment of the Senate was to strike out of the resolution the words “duly elected and qualified upon their taking the oaths of other required by law, ” so that the resolution would read as ollows: Be it remit m!bythe Senate and HoRep of the U.S. uf/imrn ta in (ll/mare“ru u mb/rr. That the State of Tennessee is hereby rostored to her formeq llro[l (‘r, {)fllcll01rellations to IllCHlllOIl,'llltl is zigzuiien title to berepresentedby Sens&Reps in Congress.
Mr. BINGHAM demanded the previous question on the amendment.
Mr. WILLlAlIS demanded the yeas and an '5. [he yeas&nays were refused.
Skip Skip The amendment was agreed to. The next amendment of the Senate was to strike out the preamble of the House and insert in lieu thereof the following: Whereas in the year 1361.1hogovernmentof the state of Tennessee wnssrized upon and takenpossession of by personsin hostility to the U.S and the inhabitantsof said State in pursuance of an act of Congressweredeclaredto be in a state of insurrcction against the U.S.; and whereas said State governmentean only be restored to its formerpolitical relations in the Union by thinconsentof the lawmaking power of the U.S.: daanydwhereasthe people of said State did, on the 23d ofFobrunry. 184';, by a largepopular you: adopt and ratify a constitution or government whereby slavery was nbolished and ordinancesand laws of recessionand debtscontrzv tedunder the same were declaredvoid; and whereas a Stategovernmenthas been organizedunder said constitution. which has ratified the amendment to the Constitution of the U.S. abolishing slavery; also the amendment proposedby the T hirty lin the congress and hasdoneotheractsproclaiminganddenotingloyalty: Therefore.
Mr. ELDRIDGE. On that I demand the yeas&nays. The ens&nays were ordered.
Mr. HOSS. I would inquireif the preamble is voted down, the resolution being adopted, would there not be a disagreement between the 2 Houses?
Mr. GARFIELD. If the House should vote this down would it. not kill the JtResolution 'I
Mr. LEBLON D. It is not likely the House will kill it.
Mr. ELDRIDGE. If the lightning should kill all the members the bill would not be passed. [Laugliten]
Skip Skip The question was taken; and it was decided in the allirmative yeas 93, nays 26, not voting 62; So the Senate amendment was agreed to. 11.: Darin the roll call, Mr. BINGHAM stated that Mr. ASHLEY, of Ohio, had paired with Mr. Dawsmz.
Mr. LA' HAM said: Believing that the preamble states what is not true', and believing that Tennessee is entitled to representation as well without this preamble as with it, l N vote no." The result having been announced as above recorded, Mr. BINGHAM mtRtv the amendments were agreed to: and also moved to lay the motion to reconsidt r on the table. The latter ine tion was agreed to. The next amendment of the Senate was to strike out the title and insert in lieu thereof the following: “Joint. resolution respecting Tennessee and her relations to the Union."
Skip Skip Mr. BINCHAH. On that I move the preVlOllS question. The previous question was 2nded and the main question ordered. Mr. ELDltlDGE. I demand the yeas&nays. the yeas&nays were not ordered. The amendment was agreed to ayes 88, noes 9. Mr. BINCHAM mtRtv the title was amended; on the table. agreed to. RATIONS 0]" UNION PRISONERS. The last business on
The SPEAKER’stable was the Senate's amendment to House JtResolution No. 190, in regard to rations of Union soldiers held as prisoners of war. The Senate’s amendment was in the nature of a substitute, allowing payment of rations during imprisonment.
Skip Skip The amendment was agreed to. Mr. WARD mtRtv The amendment was agreed to; on the table. WITHDRAWAL or PAPERS.
Mr. RANDALL, of Pennsylvania, asked and obtained leave to withdraw from the files of the House the papers in the case of Fred erick Laracker. DEFICIENCY BILL.
Mr. STEVENS. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair,) and proceeded to the consideration of the special order, being the bill (H.R.No. 791) to supply deficiencies in the up ropriations for the service of the fiscal year ending the 30th of June, 1866, and for other purposes. On motion of Mr. STEVENS, the 1st reading of the bill was dispensed with, and the Clerk proceeded to read it by sections for amendment. The Clerk having read the following para graph: For mail steamshipservice between the U.S and Brazil, from November 1. 1865t.o JunoBO. 1866$.100,000
Mr. KASSON said: I move to amend by adding “or so much thereof as may be due." Mgimpression is it is not due. he amendment was agreed10.
Mr. JLTHOMAS. I move to amend the bill by inserting after line 80 the following: Saepryof the deputy solicitor of the Court of That t‘hldlhsailnorfy the deputysolicitor shall be the sumot as the salary of the asstsolicitor of said 0011!.
Skip Skip The amendment was agreed to. The Clerk resumed the reading of the bill.
Mr. SCHENCK. Does my colleague [ML DELAKO refer to the case of Mr. Best?
Mr. DELANO. No, sir; though that was also a meritorious case. I refer to the case of Mr. Morrison, known to my colleague, [Mr. Susanmnorn.]
Mr. SHELLABARGER. I wish to inquire if the case of Morrison has been referred to the ComWhole. I thought it was before the ComClaims.
Mr. DELANO. It may have been rere ferred to the ComClaims some time when I was absent. I am myself prepared to recommend that claim on the simple and single ground that the SecyWar has recommended that Congress confer upon him the right to purchase the property. lam therefore prepared to recommend a bill for the purchase ot the property. But this whole subject, I submit, had better be left to be examined, in all instances by the ComClaims under the rule oft 0 House, unless the House are willing at once to set. that rule aside and open the flood gates, Iwas about to say, of financial ruin and bankruptcy. I know of no investigation of this claim of Roy Stone; it has been referred to no committee that I know of.
Mr. LATHAM. I raise the point of order that this appropriation is not for the purpose of carryin out any existin law.
The C AIRMAN. The point of order is made too late; it should have been made when the bill was reported to the House by the ComAppropriations.
Mr. LATHAM. The bill was not printed then, and this is the 1st opportunity we have had of knowin what it contains.
Mr. DELAI O. I do not know but I have saidall that I desire to say on this subject.
Mr. GARFIELD. I would like to know from m colleague [Mr. DELANO] if the claim to WlllCl he referred a moment ago was the Claim of Mr. Morrison, of Nashville.
Mr. GARFIELD. I do not know how that claim came under discussion. But since it has been referred to, I wish to say that I am personally acquainted with it, and think it one of the most meritorious claims that ever came before Congress; and I should think it. wrong at any time to exclude aclaim of that kind.
Mr. DELANO. I was calling the attention of the House to the circumstances of that case to show the distinction between it and this case. I desire only to say to the House and to the country that we are treading on dangerous ground in this matter if we pass the claim contained in this bill.
Mr. TRIMBLE. I desire to ask the Gentfrom Ohio whether the ComClaims had not before it numerous claims from citizens of Kentucky, some of them from my own district, citizens whose loyalty is unquestioned claims for compensation for property destroyed by order of the commanders of U.S. troops, and whether the committee have not reported against those claims in accordance with a general rule which they have ado ted.
Mr. D‘LANO. I answer the gentleman affirmatively in regard to the 1st branch of his question. I can also say that a large number of those claims were entitled, so far as I know, to more consideration than the claim proposed to he paid in this bill. I know nothing about. the facts of this case except. as they are recited in the bill.
Mr. TRIMBLE. I understand the gentleman to admit that the parties in the cases of which I speak made good their claims, if the committee had decided in favor of paying for property destroyed in that way.
Mr. DELANO. Undoubtedly. Thoseclaims were rejected, because, in the 1st place, we did not feel ourselves authorized to report in favor of paying for report destroyed by the ravages of war andpscconly, we did not feel authorized, under the ruling of the House, to recommend the payment of such losses occur rin in the rebel States.
Mr. SCOFIELD. I have nothing to say against the payment of the claims referred to by the out cmau from Ohio, [Mr. DELANO, the Gentfrom Kentucky, [ML TRIMBLE, and other gentlemen. All those claims may be as meritorious as the gentlemen who have spoken in their favor represent them to be; and when they come before the HouseAt this point, the hour of half past 4 having arrive, the committee rose and the House, agreeably to order, took a recess until half past 7 o’clock p. m. EVENING SESSION. The House reassembled at half past 7 o’clock p. m. ENROLLED BILL ANDJtResolutionS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled JtResolutions and a bill of the following titles; when The SPEAKER signed the same:JtResolution (. R. No. 83) restoring Tennessee to her relations to the Union;JtResolution (H.R.No. 191) relating to the building lately occupied for a national fair in aid of the orphans of the soldiers and sail ors of the U.S.; and An act (H.R.No. 776) in relation to the unlawful tapping of Government water pipes. COMMITTEE OF FOREIGN AFFAIRS.
Mr. BANKS. I ask unanimous consent that Thursday next, after the morning hour, may be assigned for the consideration of reports from the ComForAffrs upon the several subjects of public interest referred to that committee.
Mr. RANDALL, of Pennsylvania. I would like to have the subjects named.
Mr. BANKS. The subjects upon which the committee report, and upon which, should the House accede to my request their propositions will be ready in print on wledn oy, will be a resolution referred to the committee in regard to the invasion of Canada; the several propositions of gentlemen from different parts oft e country in regard to aid to be iven to Mexico; ropesitions relating to the interest which the government of the U.S. has in the assertion of what is called the “ Monroe Doctrinez” and subjects akiinto those I have named.
The SPEAKER. Is there objection to the proposition of the Gentfrom Massachusetts?
Mr. BANKS. Iappeal to the Gentfrom Pennsylvania to withdraw his 0 jection.
Mr. RANDALL, of Pennsylvania. I cannot withdraw it.
Mr. BANKS. Then I will ask the consent of the House that the ComForAffrs may be permitted to report on Thurs day upon the 1st subject that Ip have named the neutralit laws.
Mr. RAN ALL, of Pennsylvania. no objection to that.
Mr. BANKS. I would state that the report of the committee will be in print in season for the consideration of the House.
Mr. MORRILL. I desire to suggest to the Gentfrom Massachusetts that it may not be wise for us to appropriate our time so far ahead. On the da named there may be various bills coming from the Senate which will require the consideration of the House.Mr. BANKS. I would not press my proposition if I thought it would interfere with an business absolutely necessary to be disposed o.
The SPEAKER. The Chair would state that should the business named by the Gentfrom Massachusetts be made a special order it can, when reached, be postponed ike any other special order. Is there objection to the prop position of the Gentfrom Massachusetts?
Mr. WENTWORTH. I will not object if the House will allow me to refer a resolution to the ComForAffrs.
The SPEAKER. The Chair bears no obJection.
Mr. STEVENS. At what time is it to be made a special order?
The SPEAKER. After the morning hour. The resolution will be referred to the committee.
Mr. BANKS. I feel it to be my duty, so many propositions have been'referred to the CommitteeIt
Mr. WEN TWORTH. Let my resolution be rea.
The Clerk read as follows: Resolved, That the ComFornAffrs be requested to inquire into the expediency of reporting a bill npplyrmr the same regulations toward the Fenian bellrgerents th the Government of Grent Britain applied to those es led confederates of this country.
Mr. STEVENS. I desire to know how much of the day the special order is to occupy. We cannot go be ond what we have.
Mr. BAN S. We will submit the question to the House without debate. Unless gentlemen of the House shall choose to debate it we will not debate it.
Mr. STEVENS. I will not object if the gentleman does not ask more than 2 hours.
Mr. BANKS. I will ask but 2 hours. There was no objection; and it was ordered accordingly.
Mr. BANKS mtRtv the subject of the neutrality laws was made the special order for Thursday next after the morning hour; upon the table. agreed to. MEXICO.
Mr. BANKS. I move to postpone the regular order of business and to suspend the miles I have for the purpose of fixing Thursday next for the consideration of the reports from the ComForAffrs in reference to Mexico.
The SPEAKER. The regular order of business is the business upon The SPEAKER’s table.
Mr. BANKS. The Gentfrom Vermont [Mr. Moanrufl gives notice that he will oppose the motion, and as there is no quorum voting I ive notice for the 2nd time that I will on the 1st opportunity report from the committee on that subject.
Mr. RANDALL, of Pennsylvania. And for the 2nd time I give notice I shall object. NORTON’S CANCELING STAMP.
Mr. FERRY. I ask unanimous consent to make a report from the comPostOffice which is recommended by the postoffice Dept. I ask the Clerk to read the letter of the acting PostMGenl.
Mr. ANCONA. of business. BBORGANIZATION OF THE DEPTS.
Mr. MORRILL. I ask leave of the House to set apart to ine rrow after the morning hour for the consideration of the bills reorganizing the Interior. the Treasury, and the postoffice Depts, and for that purpose only.
Mr. STEVENS. I object. I will not object to day after tomorrow.
Mr. MORRILL. I will say day after tomorrow.
Mr. ELDRIDGE. I object. I would not object to giving tomorrow. The evident purpOse is to continue the session.
Mr. BAKER. I ask not exceeding 2 minutes fora report from the ComInvalidPens in behalfof a blind soldier.
Mr. ANCONA. I withdraw the call for the regular order of business for that purpose.
Mr. VANAERNAM, from the ComInvalidPens, reported a bill for the relief of Francis Colgeii; which was read a 1st and 2nd time. It provides that Francis Colgen shall be placed upon the pension rolls at the same rate allowed to soldiers and seamen who have lost the sight of both eyes in the military and naval service. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. COMMITTEE ON PACIFIC RAILROAD, ETE.
Mr. PRICE. I move to sns end the rules to enable me to submit the to lowing resolution: Resolved.That all otherbusinessbepostponed and that the ComPacRailroad and the comPubLands be eachallowedonehour of this evening'ssessionfor reports. The rules were not suspended. nouTos’s CANCELING STAMP AGAIN.
Mr. FERRY. I ask leave to report from the comPostOffice a JtResolution to provide for the payment of the use and title to Norton’s post marking and posta e canceling stamp. I ask that the letter of the postoffice Dept be read.
The Clerk read as follows: Pos'r OArrrirconin DEPT. Olivier. Wisuixorox. July 23.1866. 813: Information hasbeenreceivedat this Dept thatthe application of Mr. Norton for remuneration for the useof his patent marking and can ccling stamp has not been reported upon by your committee. I This matter is considered one of great public importanceand especially to this Dept and a report.to the House and the romptaction ot‘Ccn roseon this subject would re ieve the Dept from much embarrasmont in the future essentialuse of this stamp. have the honor to be. very respectfully. your obedientservanAt.LEXANDER W. RANDALL. Acting PostMGenl. Hon. Jous B. Anni iv. “airman (kniniiuce on Paul 017%“ I demand the regular order
Mr. SHELLABARGER. I make the point of order that the JtResolution makes an appropriation. '1 i0 SPEAKER. The Chair overrules the point of order. Au appropriation bill must itself take money out o the Treasury. This will require another bill.
Mr. ASSON. Is not this the same stamp which has been used in the postoffice?
Mr. MORRILL. I move that the JtResolution be laid upon the table.
Mr. FERRY. That motion is not debatable, but I trust it will not be agreed to.
Skip Skip The House divided; and there were ayes 57 noes 17; no Quorum voting.
The SPEAKER, under the rules, ordered tellers, and appointed Mr. Email and Mr. SPALDING.
Mr. MORRILL. I withdraw the motion to lay upon the table.
Mr. ANDERSON. On behalfof the comPubLands, I submit the following amendment: in section one, line 17, after “road” insert “to be selected within 20 miles from the line of said read;” and i“n same section, line 44, strike out said ” and " not" and insert “none of them;” so it will read: “ that none of the said lands hereby granted shall be selected, ” d'c. Section 3, line 6, strike out “any Dept thereof, " and insert “at the cost, charge, and expense of said companies.” In line 7, after the word “ Government, ” insert “of the U.S., " and strike out the words “at all times having the preference in the use of the road for all the purposes aforesaid, at fair and reasonable rates of compensation, not exceeding that paid by private individuals, or the average paid for li e services on other roads." The amendments were agreed to.
Mr. VANHORN, of Missouri, demanded the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The illwas ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. VANHORN, of Missouri, mtRtv the bill was passed; on the table. agreed to. INCREASE oppENSIONS.
Skip Skip The previous question was 2nded and the main question ordered. The report of the committee of conference was agreed to. Mr. PERHAM mtRtv the report was agreed to; upon the table. agreed to. JAMES P. JOHNSON. I The next business on The SPEAKER’s table was bill of the Senate No. 374, for the relief of James P. Johnson; which was read a 1st and 2nd time.
Mr. LAWRENCE, of Ohio, moved that the bill be referred to the ComClaims. The motion was agreed to. " BRITISH SHIP MAGICIENNE. The next business in order on The SPEAKER’s table was the bill of the Senate No. 297, for the relief of the owners of the British vessel Magicienne; which was read ii 1st and 2nd time.
Mr. LAWRENCE, ofOhio. I move that that bill be referred to the ComClaims.
Mr. STEVENS. I hope that motion will not prevail. It' is merely an appropriation to carry out a treat. by 1Itir. PRICE. Is not this an appropriation i?
Mr. LAWRENCE, of Ohio. It contains an appropriation, and I ask that it go to the ComWhole on the state of the Union.
The SPEAKER. The bill certainly contains an appropriation.
Mr. LAWRENCE, of Ohio. Then I make the point of order that it must be 1st considere in ComWhole on the state of the Union. The bill was referred, under the rules, to the ComWhole on the state of the Union. WYANDOTTE AND QUINDARE CHURCH. The next business on The SPEAKER’s table was Senate bill No. 353, for the relief of the trust ees of the Mission church of the Wy and otte Indians; which was read a 1st and 2nd time. The bill was read at length. It appropriates the sum of $4, 680, in consideration of the destruction of their church buildings and library, to the trustees and stewards of the Wy and otte and Quindare church, the same to be applied to the rebuilding of said buildings and inclosing the grave yard of the Wy and otte Indians, of the State of Kansas.
Mr. WINDOM. I ask thatthis billbepntupon its passage at this time. The Senate has twice passed this bill, and although the bill has not contaken from
The SPEAKER s table, it has been examined by the ComIndAffrs, for they knew they would not possibly have time to report if the bill was referred to them. It provides a certain sum of money to supply what was destroyed in the border rufiian times in Kansas, at which time the Government was under treat obligation to protect these Indians.
Mr. LAl RENCE, of bio. I do not intend to offer any factions opposition to any bill. But we all know that just at the close of the session we are liable to be imposed upon by claims which members may think at the time to be right. Now, I do not know anything about this claim, and I suppose most of the members here are in the same situation. I therefore prefer that this claim should go to the ComClaims. If there is any objection to that, then I shall insist that it be referred to the ComWhole as containin an a re riation.
Mr. WIfIDOgfl It does not belong to the ComClaims. If it goes to any committee it should go to the ComIndAffrs.
Mr. LAWRENCE of Ohio. I insist upon my point of order, that this bill contains an appropriation, and therefore, under the rule, is ouldgo to the ComWhole.
The SPEAKER. The Chair sustains the point of order, and the bill will be referred to the ComWhole on the Private Calendar. JAMES P. JOHNSON.
Mr. WILSON, of Iowa. I desire to enter a mtRtv the bill for the relief of James P. Johnson was referred to the ComClaims. The motion was entered. NORTHERN JUDICIAL DISTHICT OF GEORGIA. The next business upon The SPEAKER’s table was Senate bill No. 882, to change the place of holding the court in the northern district, of Georgia; which was read a 1st and 2nd time. The bill was read at length. It provides for changing the place of holding the court of the northern district of Georgia from Marietta to Atlanta.
Skip Skip The bill was read the 3rd time and passed. Mr. WILSON of Iowa, mtRtv the bill was passed and also moved to pay the motion to reconsider on the table. agreed to. ABBURY CHAPEL, WASHINGTON. The next business on
The SPEAKER’s table was Senate bill No. 361, to authorize W. J. Sibley and others, trustees, to sell and more let No.9, in square NO. 76, in the city of Wesington; which was read a 1st and 2nd time. The bill was read at length. The reanible sets forth that lot No. 9, in square 0. 76, in the city of Washington, was conveyed for the purpose of erecting a church, but the church was not built, though one has been erected near there to which the trustees desire to apply the proceeds of said lot. The bill grants to the trustees authority to sell the lot and apply the proceeds to the benefit of Asbnry chapel, of the city of Washin n.
Mr. LAWREN E, of Ohio. I move to refer this bill to the ComJudiciary, upon which I call the previous question.
Skip Skip The question was taken upon the motion to refer; and upon a division, there were ayes 41 noes 40; no quorum Tellers were ordered; avnodting. Mr. STEVENS, and Mr. Lawnsses of Ohio, were appointed. The House again divided; and the tellers reported ayes 47, noes 48. So the motion to refer was not agreed to. The question was upon ordering the bill to be read a 3rd time. The bill was read the 3rd time and passed. Mr. GARFIELD mtRtv the bill was passed; upon the table. agreed to. RICHARD W. MEADB, DECEASED. The next business upon The SPEAKER's table was Senate JtResolution No. 39, to refer the claim of the administrator of.Richard W. Meade, deceased, to the Court of Claims; which was read a 1st and 2nd time.
Mr. LAWRENCE of Ohio. I move that this bill be referred to the ComClaims.
Mr. WOODBRIDGE. This matter has been before the ComJudiciarya, and by a vote of that committee I, as a member of it, was instructed to report a bill to the House with arecnmmendation that itpass. But before the ComJudiciary was called the resolution was passed by the Senate and came here.
Mr. LA VRENCE, of Ohio. As this Jtresolution has been considered by the udicinry Committee. I will withdraw the motion to ref.‘ar. WOODBRIDGE. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The JtResolution was then read the 3rd time and passed. Mr. whODBRIDGE mtRtv the JtResolution was passed: on the table. agreed to. WASHINGTON GLASS COMPANY. The next business on
The SPEAKER’s table was Senate bill NO. 227, to incor orate the Washington Glass Company; which was read a 1st and 2nd time.
Mr. ALLISON. I move to refer that bill to the ComDistCol; and upon that motion I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion to refer was agreed to.
Mr. ALLISON mtRtv the bill was referred; on the table. agreed to. THOMAS W. STEVENS. The next business on The SPEAKER’s table was Senate bill No. 385, for the relief of Thomas W. Stevens; which was read a 1st and 2nd time.
Mr. HOTCHKISS. This is a simple claim, which has been examined by the ommittee of Claims, and I have their leave to say that it is correct. The bill was read at length. It provides for the payment of $1,025 50 to Thomas W. Ste vens, on account of services as ins cctor of customs at the port of Albany, from te 1st of March 1862, to the 1st of April, 1863.
Mr. lIOTCI IKISS. I call the previous question on the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read the 3rd time and passed.
Mr. CLARKE, of Kansas. I understand that the Gentfrom NewYork, [Mr. H0i.nss, ] from the ComPubLands, has some amendments'which he has been instructed by that committee to offer to this bill. I will therefore yield the floor to him for that purpose.
Mr. HOLMES. I am directed by the comPubLands to submit the following amendments: In sectiontwostrike outthefollowing words: " nor shall any of said landsbecomesubjectto saleat pri‘ vate entryuntiltho same shall have been 1st offered at public saleto the highestbidder, at or above the minimum price aforesaid." Section 3, line four. strike out “be in readi nessto.” Line 6, same section.insert after the word “Government" the words “ to the U.S.freefrom "all costor chemotherefor;" andstrike out the words at all timeshaving the preferencein the useof the road for all the purposesaforesaid, at fair nd reasoiiablo rates of compensation.not excecing that paid by private individuals or the averagepaid for ike serviceson other roads." In line 18. same section, after the word “land " insert the words“ herein granted." Section ten, line 3. after the word “aequire” insert "title to land for railroad purposes:“ and in line 5striko outtbo words“for railroad purposes." Syqtion 11, line 4.strike out the words“ and susrdrzed.” The amendments were agreed to.
Mr. CLARKE, of Kansas. I demand the previous question.
Mr. SPALDlNG. Has the bill been before the ComPubLands?
Mr. CLARKE, of Kansas. Iwill state for the information of the House that this bill has been examined by the ComPubLands.
Mr. SPALDING. Did not the bill come from the Senate?
Mr. SPALDING. How, then, has it been before the ComPubLands?
Mr. CLARKE, of Kansas. This identical bill, as printed, was before the committee and has been examined, and the amendments submitted by that committee have been adopted.
Mr. whRlGl IT. Is that in accordance with the rules for the committee to consider and not On a bill not referred to them? Is it notn violation of the rules of the House? Should not every measure Igo before the committee in the proper way? this the province of the committee to have the bill before them for exain‘ination and action, but they must wait till we send it to them. It is the right of the House to send it to them.
The SPEAKER. The examination byacommittee of a bill pending in the Senate is not a violation of the rules. If the gentleman wants it referred, he can vote down the demand for the previous question. T ie previous question was 2nded and the main question ordered.
Mr. LAWRENCE, of Ohio. This bill grants ten sections on each side of the road for each mile of the road. It covers an extent of 40 miles wide, the at being by alternate sections. It is not resections permile, but ten on each side of the road, equal to 20 sections permile. If that be the design of the House, let the House understand it., If it be not, let that also be understood. Let the bill be made to conform to and carry out the purpose of the House. As the bill is now drawn it is not ten sections permile, but ten sections permile on each side of the road; and being in alternate sections, it will extend over a country miles wide. 40 It strikes me that is twice as muc i as was ever granted before. It admonishes us of the evil of having these bills passed hastily without proper examination. I0not want to object it this is the usual form of such blils. I know there are grave objections to disposing of our public lands in this way. It destroys our homestead system. It withdraws public lands from settlement and places them in the hands of corporations. But I do not expect the House to change its policy of granting lands for railroad purposes. I think it ought to go to some committee. I do not wish to place myselfin the attitude of making objection to the bill, but I hope the Gentfrom Kansas will consent to its goin to some committee.
Mr. CLARKE, of ansas. I have already said that a copy of this bill has been before the ComPubLands, and it is in the same form as those that have already passed granting lands for railroad purposes.
Mr. LAWRENCE, of Ohio. I think the gentleman is mistaken. The form in which they have heretofore passed has been to grant ten sections permile. This grants 20 sections ten on each side of the road. I 0 not say that this language has been framed by design to operate as a fraud upon the House; but I 0 say it is high time that these bills should be examined, and that the House should understand what it is doing. Let the paragraph be read.
The Clerk read as follows: Every alternate section of land or parts thereof designatedby odd numbers, to the extentof ten sections per mile, on eachside of the road: Proviilml, such and shall not beselectedbeyondtwontymiles from the said read.
Mr. LAWRENCE, of Ohio. Just double the amount granted heretofore.
Mr. STEVENS. Just exactly the amount ranted hitherto. The gentleman has not ooked into one of these acts and he gets up here to object.
Mr. WRIGHT. If this is a meritorious bill, what objection can there be to having it examined by a committee? If it is not merito rious, then I for one object to it.
Mr. JULIAN. It is not an extraordinary provision. The question bem taken on ordering the bill to be read a thir time, there were ayes 4'5, noes 44; no quorum voting. Tellers were ordered; and
The SPEAKER appointed Messrs. CLARKE of Kansas, and BEB GEN.
Skip Skip The House divided; and the tellers reported ayes 48, noes 53. So the bill was rejected. Mr. RADFORD. mtRtv the bill was rejected, on the table. Mr. CLARKE, of Kansas. On the latter motion I demand the yeas&nays. The yeas&nays were ordered. The question being taken on laying the motion to reconsider on the table, there were yeas 69, nays 58, not voting 64; The SPEAKER. The Chair votes in the negative, making a tie. So the motion to lay on the table was not agreed to. The question recurred on reconsidering the vote by which the bill was rejected; and being put, there were ayes 69, noes 55. Mr. SPALDING demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative years 64, nays 49, not voting 68;. So the mtR agreed to. The question recurred upon ordering the bill to a 3rd reading.
Mr. McRUER. Ine w move to amend the bill by striking out in line 12 the word “ten ” and inserting “ 5 ulternate;” so that the bill will read, “ 5 alternate sections permile on each side of the road.” That was doubtless the intention of the framers of the bill, but as the language is perhaps a little ambiguous, I move this amendment, and I now renew the demand for the previous question.
Mr. DRIGGS. I ask the gentleman to add the words “to the extent of ten sections permile.” I have only a word to say. It is contended that the bill is indefinite, and I olfer this amendment so as to make it entirely def inite.
Mr. McRUER. I accept the amendment, and move the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the opera.tion thereofMr. McRuaa’samendment, as mod ified, was agreed to. The bill was then ordered to be read a 3rd time, and it was accordingly read the 3rd time. Mr. McRUER. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. WRIGHT demanded the yeas&nays on the passage of the bill. The yeas&nays were not ordered. The bill was passed. Mr. McRUElt mtRtv the bill was passed; upon the table. agreed to. CLAIMS OF IOWA. The next business on
The SPEAKER‘s table was JtResolution (S.R.No. 93) providing for the appointment of a commission to examine and report upon certain claims of the State of Iowa; which was read a 1st and 2nd time.
Mr. PRICE. I desire that this bill may he acted upon at the present time, and I call the previous question. The jtresolution, which was read at length, provides that the POTUS be authorized and required to appoint 3 commissioners, whose duty it shall e to examine and report on or before the 1st day of December next upon the claim of the State of Iowa for forage, transportation, subsistence, and clothing furnishe by that State to certain volunteers of the State, who, under the command of Colonels Moiledge and Edwards, and at the request of certain officers commanding troops of the U.S. in the State of Missouri, marched into the State of Missouri to cooperate with the troops of the U.S. in that State in suppressin the rebellion; also the claim of the State of awe. for repayment of certain moneys paid by the State in raising, arming, equipping, paying, and subsisting certain troops of the State maintained by the State on the southern and northwestern borders hereofduring the late rebellion, for the purpose of defendinc tlfi State against attacks by bushwhackers and Indians; and also the claim of that State for compensation for certain for age procured and barracks built by the State on the northwestern border thereof and turned over by the State to and used by the U.S.
Mr. LAWRENCE, of Ohio. I would like to offer an amendment to this bill.
Mr. KASSON. I trust that will not be done. There is no land and no money in the bill; it is a simple proosition to state an account.
Mr. LAWR a‘NCE, of Ohio. I desire to enlarge the scope of the inquiry of this commission. I wish to amend by providing that the commission shall also inquire into the claim of the State of Ohio for forage.
Mr. KASSON. That should be put in a separate bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the o cration there of the JtResolution was or ered to a 3rd reading, read the 3rd time, and passed. Mr. PRICE mtRtv the JtResolution was passed; on the table. agreed to. BRITISH SHIP MAGICIENNE AGAIN.
Mr. BANKS. I understand that the objection to the passageof the bill for the payment of the award in the case of the Magicienne is withdrawn; and I move that, by unanimous consent the ComWhole on the state of the Union be discharged from the further consideration of the bill, that it may be put upon its passage now. There being no objection, the ComWhole on the state of the Union was discharged from the further consideration of the bill (S.No.297) entitled “An act for the relief of the owners of the British vessel Magicicnne. ”
Mr. BANKS. This award, made under an agreement between the POTUS and the Queen of England, is to pay for a vessel wrongfully seized by the Government of the U.S. in 1863. We cannot escape the payment of the award, because it is made in pursuance of our own agreement. I trust the bill may be passed. I call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to a 3rd reading, read the 3rd time, and passed. Mr. BANKS mtRtv the bill was passed; on the table. agreed to.
Mr. STROUSE. I ask unanimous consent to present for consideration at the present time a bill which I am instructed to report from the ComTerritor.
Mr. WILSON, of Iowa. I insist on the regular order. JAMES root. The next business on The SPEAKER’s table was a bill (S.No.311) entitled “An act for the relief of James Pool;” which was read a 1st and econd time. The bill. which was read at length, provides that the SecyInterior be authorized and directed to pay to James Pool the sum of $1, 287 10, out of any money in the Treasury not otherwise appropriated; $487 60 of the amount to be paid out of any annuities or moneys payable to the Senecas and Shaw nee Indians, ifthere be any, and ifnone, then the whole sum to be paid out of the Treasury of the U.S.
Mr. ROSS. I make the point of order that this bill, containing an a ‘pro riation, must go to the Committee of thei) be e on the state of the Union.
Mr. JOHNSON. I ask my friendfrom Illinois to withdraw his objection to this bill. I investigated this claim during the 37th Congress, and it is certainly correct.
Mr. ROSS. I insist on my objection. COMSTOCK LODE, NE" ADA. The next business on The SPEAKER’s table was the bill (S.No.352) entitled an act granting to A. Sutro the right of way, and granting other privileges, to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada; which was read a 1st and 2nd time.
Mr. ASHLEY, of Nevada. Mr. Speaker, a bill similar to this was introduced in this House about 4 weeks ago and referred to the ComMining, who have unanimously agreed to report in favor of it. As the measure involves to some extent the question of the right of way ever public lands, I some time ago called the attention of the chairman of the ComPubLands to the bill, and asked him to consider it that he might decide whether the public interests required its reference to his committee. I am not authorized to state positively, but I understand that he does not consider it necessary that the bill should be so referred. It has become absolutely necessar for the develoment of the great Comstock ode that there should he a deep draining tunnel, which will be about 4 miles long, and the construction of which will require a large amount of capital. The bill is designed, not to grant any greater rights than exist under the present law, but to give to the parties investing their money in this undertaking a greater assurance that their right Swill be secure.
Mr. ASHLEY,0 Nevada, mtRtv the bill was passed; upon the table. agreed to. KANSAS AND NEOSHO VALLEY RAILROAD.
The SPEAKER. The Gentfrom missouri [Mr. Van Hoax] has discovered that in the engrossment of the amendments to the bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river, the word “not” was accidentally omitted. Is there any objection to ordering the recall of the bill from the Senate that the mistake may be corrected? There was no objection; and it was so ordered. ETHAN RAY CLARK, ETE. The next business on The SPEAKER’s table was Senate bill No. 402, to confirm the title of Ethan Ray Clark and Samuel Ward Clark to certain lands in Florida claimed under a grant from the Spanish Government; which was read a 1st and 2nd time. On motion of Mr. LAWRENCE, of Ohio, the bill was referred to the ComJudiciary. PURCHASE OF YBTTIQBU’S LIBRARY. The next business on The SPEAKER’s table was Senate JtResolution No. 79, to authorize the purchase for the Library of Congress of the law library of James L. Pettigru, of SCarolina; which was read a 1st and 2nd time. It authorizes the JtcomLibrary to contract with the heirs of the late James Louis Petti for the transfer of the law libra left by to the Library of congress. an appropriates the sum of $5,000 out of any moneys in the Treasury not otherwise appropriated, for that purpose.Mr. LAWRENCE, of Ohio. I move that the JtResolution be referred to the ComLibrary.
Mr. KELLEY. It has been before that committee, and has met with their approval.
Mr. RANDALL, of Pennsylvania. I should like to join in doing honor to the memory of that good man.
Mr. STROUSE. The library is worth far more than we offer to give for it.
Mr. WILSON, of Iowa. If it be referred let it be with authority to report at any time.
Skip Skip Mr. RANDALL, of Pennsylvania. I demand the previous question. The previous question was 2nded and the main question ordered. The motion to refer was disagreed to. The JtResolution was ordered to a 3rd reading; and it was accordingly read the 3rd time. Mr. RANDALL, of Pennsylvania, demanded the previous question on the passage of the JtResolution. The previous question was 2nded and the main question ordered. Mr. LAWRENCE. of Ohio, moved that the JtResolution be laid upon the table. The motion was disagreed to. Mr. SPALDING demanded the yeas&nays; and tellers on the yeas&nays. Tellers were not ordered; and the yeas and an s were not ordered. The JtResolution was then passed. Mr. BANKS mtRtv the bill was passed; upon the table. agreed to. REIMBURSEMENT OF MASSACHUSETTS. The next business upon
The SPEAKER’s table was Senate JtResolution No. 121, providin for the uuditin of the accounts of the State 0 Massachusettstor moneys expended during the war for coast defense; which was read a 1st and 2nd time
Mr. WRIGHT moved that it be referred to the ComMilAffrs. The motion was agreed to.
Mr. HARDING, of Illinois, moved that the House adjourn. The motion was disagreed to. ALOIS K LAUS. The next business upon The SPEAKER's table was Senate jtresolution No. 164, for the relief of Alois Klaus; which was read a 1st and 2nd time.
Mr. WILSON, of Iowa, demanded the previous question.
Mr. LEBLOND moved that the bill be laid upon the table; and on that motion demanded the css&nays. the yeas&nays were ordered. The question being taken on laying the bill on the table, it was decided in the negativeyeas 21, nays 87, not voting 73; So the motion to lay on the table was not agreed to. 'luie question recurred on 2nding the demand for the previous question.
Mr. HARDING, of Kentucky. I move that the House adjourn. The motion was disagreed to.
Skip Skip The previous question was 2nded and the main question ordered; and under the Operation thereof the bill was ordered to be read a 3rd time, and it was accordingly read the 3rd time.
Mr. WILSON, of Iowa, demanded the previous question on the passage of the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed ayes 70 8, noes not counted. Mr. WILSON, of Iowa, mtRtv the bill was passed; upon the table. agreed to. REIMBURSEMENT OF MASSACHUSETTS AGAIN.
Mr. DAWES. I rise to a privileged question. I move to reconsider the vote by which the Massachusetts claim was referred to the ComMilAffrs. It is precisely like the one in reference to Iowa, merely to authorize a statement of the account. I think there can be no objection to it. Several of them have passed.
Mr. SCHENCK. The bill creates a conle of commissioners, and I do not know whet ier their salary is fixed or not. I doubt very much the necessity of settling this question in that we. I have now ready to report from the military Committee a bill giving authority to the SecyWar to audit the accounts of the Territory of Colorado for services of the militia of that State called out and actually employed in the Army of the U.S.
Mr. DAWES. I do not want anybody but the Secrets of War to do this.
Mr. SCHENCK. It can be done by the accounting officer without creating a commission and having 2 or 3 officers to be paid liberal salaries, or 8 or 10 dollars a day for doing what the accounting officer ought to do.
Mr. DAWES. If the gentleman will allow me I will enter the motion to reconsider and prepare an amendment. I will also demand the previous question so as to bring it up tomorrow mornin.
Mr. CONKLFNG. I move that the House do now adjourn. The motion was agreed to; and thereuqun (at ten o’clock and ten minutes p. m.) the cues adjourned.
Skip Skip PETITIONS, are. The following petitions.&c.werepresentedunder the rule and referred to the appropriate commit the beys: mr. PIKE: The petition of S. T. King and 32 others. of Calais. Maine. for interstate insurance aw. Also. the petition of L. Leighton. 2d and others, for reimbursementof money defraudedfrom them by claim ent. by iir.“fionmss= Thoasetition of L. c. Rokers. an others, citizens of ison county. NewYork. for Bureau of National Insurance. By Mr. RAYMOND: The petition of Ignatius T. Chutkowski. of the city of NewYork. praying compensation for real and personalpropertyusedby the nit States. Al 0, 2 memorials of hardware dealersof New. Yorl: and Philadelphia in regardto the tariff.
@@@IN SENATE SENATE. Tucson, July 24, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. CONNESS, and by unanimous consent, the readia of the Journal of yesterday was dispensed With. REPORTS OF COMMITTEES.
Mr. SUMNER, from the ComForRel, to whom were referred resolutions of the Chamber of Commerce of the State of NewYork in favor of timcl and adequate appropriations for exhibiting tie products of the American Union at the Itxposition at Paris in 1867, in such a manner and on such a scale as shall maintain its just rank among the nations of the earth, asked to be discharged from their further consideration; which was agreed He also, from the same committee, to whom was referred the memorial of James Roncbe, ra 'ing for compensation for services rendered In relaud during the late rebellion, in behalf of this country, asked to be discharged from its further consideration; which was agreed to. PACIFIC RALLIKOAD BONDS.
Mr. SHERMAN. I am directed by the ComFinance, to whom was referred abill (H.R.No. 772) to authorize the issue of certain bonds in denominations greater than $1,000, to to report it back without amendment, and as it relates to a matter very simple in itself, I ask that it be put on its passage now. There bein no objection, the Senate, as in ComWhale, proceeded to consider the bill. It provides that hereafier the bonds of the U.S. authorized by the act of July 1, 1862, to aid in the construction of a railroad and telegraph line from the His souri river to the Pacific ocean, and by all acts amendatory thereof, may be issued in denominations greater than $1,000, at the discretion of the SecyTreaury; but it shall at all times be optional with any railroad company whether they will receive bonds of a larger denomination than $1,000. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. NORTHERN PACIFIC RAILROAD.
Mr. HOWARD. In connection with this subject I desire to present a resolution, and I hope the Senate will take it under present consi oration. It is simply for the purpose of obtaining information from the War Dept and from the Interior Dept with a view to the ultimate cost and expense of building this road, and the amount of transportation which the Government will find it necessary to have upon it. I hope the resolution will be passed. It will lead to no debate, I am sure. The resolution was considered by unanimous consent, and agreed to, as follows: Revolve dT, hat the secyWar he requested to furnish to the Senatesuch information asmay be in the posSOBSIoOftHhe War Dept touching the probable costof constructing a railroad on the route mentioned in the charter of the Northern Pacific Railroad Company togetherwith estimates of the probable amount. of Government transportation on said road.derived from such data as maybe in his ppwer, and that thoSecretargoftho Interior render linhsuch andhemay call for 11lansweringthis ros o u on. BILLS INTRODUCED.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.448 to credit sea service to officers of the Navy wh0 have served during the war to suppress the rebellion who may have resigned prior to said rebellion; which was read twice Ry its title and referred to the ComNavAffrs.
Mr. POLAND asked, and byunanimous consent obtained, leave to introduce a bill (S.No.449) authorizin special juries in the DistCol; which was read twice by its title and referred to the ComDistCol.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsnsox, its Clerk, announced that the House had passed the following bills and JtResolutions of the Senate Without amendment: A bill (S.No.164) for the relief of Alois laus; A bill (S.No.297) for the relief of the owners of the British vessel Magicienne; A bill (S.No.352) grantin to A. Sutro the right of way and granting other privileges to aid in the construction of a drainin and exgloring tunnel to the Comstock lo 0, in the State of Nevada; A bill (S.No.414) to regulate the times and manner of holding elections for Senators in Congress; A JtResolution S.R.No. 79) toauthorizo the purchase for the ibrary of Congress of the law library of James L. Pettigru, of SCarolina; and AJtResolution (S.R.No. 93) providing for the appointment of acommission to examine and report upon certain claims of the State of Iowa. The message further announced that the HoRep had passed the bill (S.No.224) granting lands to the State of Kansas to aid in the construction of a southern branch of the Union Pacific railway and telegraph from Fort Riley, Kansas, to Fort Smith, Arkansas, with amendments, in which it requested the concurrence of the Senate. The message also announced that the HoRep had corrected the error in the engrossment of its amendments to the bill (S.No.285) ranting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river, and had returned the bill and amendments to the Senate, and asked the concurrence of the Senate in the amendments. The message further announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 480) to provide for and to regulate the weighing of exports, and for other purposes and A bill (ii. a No. 796) to authorize the entry and clearance of vessels at the port of Calais, Maine. MILITARY PEACE ESTABLISHMENT.
Mr. WILSON. I move to take up the amendment of the HoRep to the bill (S.No.138) to increase and fix the military peace establishment of the U.S. he motion was agreed to.
Mr. WILSON. I will simply state that in March last the Senate passed an Army bill, which is the one now pending, and, some weeks ao passed another. On the very day on which we passed the last bill, the HoRep took up our Army bill that had lain for 4 months on their table, and passed it with an amendment in the nature of a substitute. I propose now to concur in that amendment, 1st striking it all out after the word “that, ” which is the 1st word in it, and inserting a bill which is the same that we last passed, with one or 2 small changes. I may c that motion now, and as the amendment I offer has been passed by the Senate, it is not necessary to read it. I suppose this will put the matter in a shape that will lead to a committee of conference.
The PRESIDENT protempore. The Seas tor from Massachusetts moves that the amendment made to this bill by the HoRep be amended by striking out all after the word “that” and inserting what he has sent. 1866. gowns. 4065 to the Chair. The proosed amendment will not be read unless calle for by some Senator. The amendment to The amendment was agreed to, and the House amendment, as amended, was concurred in. BOUNTIES of COLORED SOLDIERS.
Skip Skip The amendment was agreed to. The next amendment was in section [four] 3, line 4, after the word “ depository” to strike out “in or near the district wherein the claimant may reside.
The Clerk read The next amendment was in section four, [5, ] line two, after the word “soldier” to strike out “sailor or marine;” in line 3 after “discharge” to strike out “final statement, descriptive list, or other papers;" and in line 9 after “soldier” to strike out “sailor or marine;” so that the section will read Tha t it shall not be lawful for anysoldier to transfer. nssizznh. urt er or sell his discharge.for the purpose of transferring. assuming.bartering or selling any interest in any bounty under the provisionsof said resolution: and all such transfers, assignments barters, or salesheretoforemadeare hereby declared null andvoid as to nuy rightsintendedso to be conveyedby any such soldier.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended and the amendments were concurred in. It was ordered that the amendments be engrossed and the joint. resolution read the 3rd time. The joint. resolution was read the 3rd time and passed. HOUSE IlI LLS REFERRED. The followin bills and JtResolution from the HoRep Were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 480) to provide for and to regulate the weighing of exports, and for other purposes to the ComCommerce. A bill (H.R.No. 794) for the relief of Fran cis Colgen to the ComPensions. A hi I (H.R.No. 795) to authorize the entry and clearance of vessels at the port of Calais, Maine to the ComCommerce. A JtResolution (H.R.No. 193) authorizing the transmission through the mails free of postage of certain certificates by the adjutant general of New ] ersey to the ComPostOlliccs. YOBT ROUTE Bl LL. The Senate proceeded to consider the amendments of the HoRep to the amendments of the Senate to the bill (H.R.No. 7 76) to establish certain ost roads.
Mr. RAMSEY. I'hope the Senate will at once dispose of those few amendments and finish the bill. The Secretary proceeded to read the amendments of the HoRep to the amendments of the Senate.
Mr. RAMSEY. I have looked through all these amendments. There is no occasion to read them through. They are mere names of places, and are all right. The amendments were concurred in. KANSAS AND NEOSllO VALLEY RAILROAD. The Senate proceeded to consider the amendments of the { HoRep to the bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad, and its extension to Red river.
Mr. POMEROY. I move that the Senate concur in those amendments. The motion was agreed to. RAILROAD FROM FORT RILEY TO FORT SMITH. The Senate rocceded to consider the amendments of the HoRep to the bill (S.No.224) granting lands to the State of Kansas to aid in the construction of the southern branch of the Union Pacific railway and telegraph tfom Fort Riley, Kansas, to Fort Smith, Arkansas.
Mr. POMEROY. I move that those amendments lie on the table. The motion was agreed to. PROPOSED RECESS OF CONGRESS.
The PRESIDENT protam are laid before the Senate the followmg resolution, from the HoRep: Resolved by the hoRep(t.he Son nte concurring.) That the President of the Senato and The SPEAKER of the HoRep.on the day of.at. 12 o adjourn their resprctive Houses unteilloTekuemsdeariyd, itahne. 2dday of October.1866 and that on that day. unless it bethen ptherWiscordered by the 2 Houses.they further adiourn their respectiveHousesuntil Sutur day. the lst day of December.1866.
Mr. CLARK. I move that the resolution he on the table. The motion was agreed to. STOCKTON AND COPPEROPOLIS RAILROAD.
Mr. CONNESS. I move that the Senate proceed to the consideration of Senate bill No.244. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.244) granting lands to aid in the construction of a railroad from the city of Stockton to the town of Copperop obs, in the State of California. The ComPubLands reported the bill with amendments. The 1st amendment of the committee was in section 3, line two, after the words “granted to the” to insert “ State of California, for the construction of the;” after “ railroad, " in line 3, to strike out“ company:” in line 9, after the word “the, ” to strike out “amount” and insert “extent, ” in the same line, after “ten, ” to strike out “aller nate sections per;" and to add an “s” to “mile, ” so as to make the clause rend: Thnt therebe and is hereby, granted to the State of California, for the construction of the said Stock taosnsigannsd. Copperopolis railroad. its successorsand for bilgJHU'DOSoDf aiding in the construction of said railro and to securcthe safeand speedy transportation of the mails. troops, munitionsot‘war, and public storesover the route of said linc of way. rail everyalternatesection of public landdesignated by odd numbers.to the extent of ten mileson each side of said railroad line assaid companymnyadopt. whencveron the line thereof the U.S.have full title. not reserved, sold. granted or otherwise appropriated and free from preemption or other claimsor rights at the time the line of said road is definitely fixed and a plot thereoffiled in the office of the ComrGLO.
Skip Skip The amendment was agreed to. The next amendment of the committee was in the same section, line 21, to strike out the word “ten” and insert “ 20;" in the same line to strike out the word “ same " and insert “said line of road;" and in line 24, after the word “ numbers, " to strike out “not more than ten miles beyond the limits of said alternate sections, " so as to make the clause read: And whenever prior to said time. any of said sections or parts of section:shall have been granted. sold. reserved or coveredby private land irrants or occupied by homestead setters or preempted or otherwise disposedof. other lands shall be selected bysaid companyin lieu thereof.on the line of said road.within 20 miles of the said line of road, under the direction of the SecyInterior. in alternato sections mnddesmnat byodd numbers.
The clerk read the next amendment was in the some section, line 28, to strike out " agricult ural" before “ lands, ” and in line 29, after “Within, ” to insert “the said;” so as to make the proviso read: Provided, That all lands containing gold or silver or copper. he, and the some are hereby. excluded farolimkethqeuoapnetritaytioofnsuonfoctheuisp imedcta, anndduinnal piepurot|hireinreteodf lands in odd mumbered sections. Within the said 20 miles of the llucofsaid road, may beselected as above provided. T he amendment was agreed to. The next amendment was in section four, line 12, to strike out “ unless said lands are of a character that they are covered by the exceptions and reservations of this set; then said company shall have a right to select such lands on the line of said road so constructed;” and in line 15, after the word “ miles, ” to strike out “of said road so completed, ” and insert “ thereof;" so as to read: And patentsof lands. As aforesaid shall be issued to said company. confirming to said company the right and title to said lands situated opposite to and cqnterniine us withsaid completedsectionofsaidroad. within 20 milcs thereo.
The Clerk read The nextiunendment was to strike out section 9 of the bill in the following words: Barr.9. Abife: That all peopleof the U.S shall have the right to subscriboto thestock of thesaid railroad until the whole capital is taken up bycomplyingwith the terms of subscription.
The clerk read The next amendment was to strike out section 12 of the bill, in the followmg words: SEC.12. Abife: that the said company is authorized to acceptto its o wuuse any grant. donation, or loan power. fianchisc. aid or assistancewhich maybe granted to or conferred upon suid company by the Legislature of anyState.county or municipal corporation.person or poisons and Paid corporation is authorized to hold and enjoy any such grant, donation, loan, or power, franchise, aid. pr as sistance, to its own use for the purpose alorosaid.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend ed, and the amendments were concurred in. The bill was orderengross tor a 3rd reading, was read the 3rd time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPsitsou, its Clerk, announced that the HoRep had eased the following Senate bills without amen ment: A bill (S.No.149) for the relief of Daniel Winslow;, A bill (S.No.281) to authorize the Chesa peake Bay and Potomac River Tidewater anal Company to enter the DistCol and extend their canal to the Anacos tia river; and A bill (S.No.374) for the relief of James P. Johnson. The message also announced that the HoRep had passed the following Senate bill and JtResolutions, with amendments to each, in which it requested the concurrence of the Senate: A bill (S.No.30) to amend the acts relating to officers employed in the examination of g’npfirted merchandise in the district of NewYork; A JtResolution (S.R.No. 81) manifesting the sense of Congress toward the officers and seamen of the vessels, and others. engaged in the rescue of the officers and soldiers of the Army, the passengers, and the officers and crew of the steamship SanFrancisco from perishing with the wreck of that vessel; and AJtResolution (S. It. No. 121) providing for the examination of the accounts of the State of Massachusetts for moneys expended during the war for coast defense. The message also announced that the HoRep has passed the following hills and JtResolution, in which it requested the concurrence of the Senate: A bill (H. It. No. 797) granting a pension to Daniel Lucas; A bill (H.R.No. 798) for the relief of Quincy A. May; and AJtResolution (H.R.No. 194) authorizing the SecyInterior to:iy Charles M. Pott a pension of 15 dolliirs permonth. MILWAUKEE AND ROCK RIVER CANAL.
Mr. HOWE. I move to proceed to the consideration of Senate JtResolution No. 102. The motion was agreed to; and the JtResolution (S.R.No. 102) construing and giving effectto the JtResolution entitled “A resolution for the relief of the State of Wisconsin, ” approved July 1, 1864, was considered as in ComWhole. It proposes so to construe the resolution for the relief of the State of Wisconsin, dated July 1, 1864, as to entitle the Milwaukee and Rock River Canal Company to reimbursement, out of the canal land fund therein mentioned, for the amounts which are proved to have been paid out by it for interest in carrying on the work mentioned in the former resolution in the same manner as for other sums byit expended; also for the amount which is proved to have been expended by it in necessar repairs and mana ement of the canal after the date of the resolution, but before the date of the settlement made there under; but the company is not to receive more than the amount of) the residue of the trust fund arisingfrom the sale of the canal lands charged against the State in the settlement and not heretofore paid over to the company; and the SecyInterior is to comlets the settlement by making these further a lowances to the company up to the amount of the residue of the canal lands fund, and they are, to be paid to the company out of any moneys 'in the Treasury not otherwise appropriated. The JtResolution was reported to the senpte, ordered to he engrossed for a 3rd read inakread the 3rd time, and passed.
Mr. WADE. I move that the Senate proceed to the consideration of the bill (S.No.404) to regulate the selection of grand and petit jurors in the Territory of Utah, and for other purposes. The motion was agreed to.
Mr. TRUMBULL. A JtResolution was passed a moment ago without attracting any attention; I did not myself observe it until it was on its passage; and I desire to move a reconsideration of the vote by which it was passed. I refer to the JtResolution to settle certain matters with the State of Wisconsin. I do not recollect the title of it. It is a subject which the ComJudiciary had under consideration for several weeks and investited ire elaborately, and we were divide as neary as a committee could be divided on such n. question.
The PRESIDE T protempura. Does the Senator wish the question put on the motion to reconsider at the present time?
Mr. TltUMBULL. I wish the motion to reconsider entered, to bring it before the Seu ate, that the Senate may understand what the resolution is. I do not wish to delay it; I am willing to dispose of it now; but I think that it is a resolution that ought not to pass. It is a resolution that takes $25,000 out of the Treasury, in my judgment, without the least particle of claim. a
Mr. HOWE. I of course shall have no objection to the Senator entering that motion when the motion can be entertained.
Mr. TRUMBULL. It is a privileged motion.
Mr. HOWE. I understand there is another subject before the Senate.
Mr. TRUMBULL. I can enter the motion, Ipresume. It is a privileged motion that I can make at an time. The PRESIENT protemporc. It is a
Mr. HOWE. I would inquire if a motion to reconsider can be entered while another question is pendin.
The PRESIDE. 1‘ protempore. The Chair thinks it can. It can be entered at any time, being a privileged motion; but when another subject is pending, it cannot be put without common consent.
Mr. HOWE. Then the effect of a motion to reconsider may be the most fatal possible, be' cause it gives the enemies of a billallthe benefit of tying up the bill, preventing the progress of the bill and still suijecting the other side to the risk of being able to get the motion taken n
The PRESIDENT protempore. If the motion is not taken up, the bill would stand passed. The entering of the motion does not annul the vote of the Senate passing the bill. Unless the motion is considered the bill stands passed.
Mr. HOWE. If the motion has no other effectl have no objection.
Mr. CLARK. I think that has not been the ruling of the Senate. I think the motion to reconsider detains the bill here until it is disposed of.
The PRESIDENT proicmporc. It detains it unquestionably, but the bill stands as passed unless the Senate vote to reconsider it.
Mr. HOWE. Of course I shall submit to the ruling of the Chair, but it really seems to me the motion ought not to be entertained except when the Senate are prepared to consider the motion. It should be made on the conditions that all other motions are.
Mr. CLARK. The Senator will permit me to suggest that that cannot be so, because the time for entering a motion to reconsider is lim ited to 2 days. It is, therefore, considered a privileged motion, to be made at any time within the 2 days. It may not be considered for a month afterwards.
Mr. HOWE. I believe the bill before the Senate is one which was taken up on the motion of the Senfrom Ohio. I wish he would allow it to 0 over.
Mr. WA E. There are but a few minutes of the morning hour left for anything. proper motion, and the Chair can entertain it.
Mr. HOWE. I should like to have the motion of the Senfrom Illinois considered.
The PRESIDENT proIcmpore. There is another bill pending the bill called up on the motion of the Senfrom Ohio.
Mr. HOWE. I understand the Senator consents to have that bill laid aside.
Mr. WADE. It is along bill, and I suppose there is not time to go through with it before the expiration of the mornin hour.
Mr. SHERMAN. I ask Icave to make a report from a committee of conference. the PRESIDENT protempore. The Chair will receive it if there be no objection. INDIAN APPROPRIATION BILL.
The PRESIDENT protempore. The morning hour having expired, it is the duty of the Chair to call u the unfinished business of yesterday, being tecivil appropriation bill.
Mr. SHERMAN. Iproposc, with the consent of the Senate, by direction of the ComFinance, to take up 1st the amended tariff bill with a view to its passage, and I believe it will not excite any discussion, there being no provisions in it that do not meet with general assent. I be e it may be taken up and got out of the way, Without displacing the miscellaneous appropriation bill.
The PRES DENT protempore. The Senfrom Ohio asks that the unfinished business of yesterday be laid aside with a view to proceeding to the consideration of House bill o. 780. The Chair bears no objection. The Senate, as in ComWhole proceeded to consider the bill (H.R.No. 7805 to protect the revenue, and for other purposeS.
MR.SHERMAN. I suppose it would be better to act on the amendments of the committee as we 0 along in the readin of the bill.
The PRESIDent p'ro temporc. hateourse will be named if there be no objection.
Mr. SHERMAN. I move to strike out in lines 11, 12, and 13 of section one these words: “and no tare for the box in which an cigars, cberoots, or cigarettes are packed shall be allowed in ascertaining the weight.”
The Secretary read section two, as follows: SEC. 2. Abife: That the proviso in sectionfour of an actentitled" An actaincndatory of certain acts imposingduties upon foreign importations.“ approved March 3. 1865s.hall beconstrued to include any ship. vessel or steamerto or from any port in the Sandivich Islands or SocietyIslands.
Mr. SHERMAN. Before the word “pro viso, ’7 in line one of section two, I move to insert the word “ 2nd;" so as to read, “ that the 2nd proviso in section four, ” die.
The Clerk read Sections 3 and 4 were next read, as follows: Sec. 8. Abife: That so much of agnivaeentteonctiittilzeedn“sAonf thacet U.S. wotheoctmioanytodibse ccver deposits of guano." approvedAugust 18.1856 asprohibits the export thereof is hereby suspended in relation to all personswhohayccompliedwith the provisions of section 2 of said act. for 5 years from and after the 14thday of July 1867. Site. 4. Abife: That all lawsand parts of laws allowmg fishing bounties to vessels ereafterlicensedto engagein the fisheries be and the same arehereby.re exiled: Prov (i. That from and after the datepf the passageof this act vessels ilimcepnosreteddto engagein the fisheriesmay takeonboard salt in bond.tobe usedin curing fish.under such regulationsasthe SecyTreasury shall preseri e and upon roof thatsaid salt hasbeenused mfiggng fish, ta Mass on the same shall be remi. Section 5 was read, as follows: 830.5.Abife: That fromsndafter the passage of this notall goods.wares or merchan discarriving at the portsof NewYork Boston and Pmoarytland. orany otherportof the U.S.which be speciallydesignatedby the Secretary 9f the Treasur and destined for places in the adiacent. British provinces. may he entered at the customhouse and conveyedin transit through the territory of the U.S. without the payment of duties. under such rules.regulations and conditions for the p‘rreoatesueriiyomnoafyp 3 srcerivbeen.ue as the Secretary of the
Mr. SHERMAN. By direction of the committee [move to amend section 5 by inserting after “British Provinces, ” in line 6, the words “ or arriving at the port of point Isabel, Texas, or any other ort of the U.S. which may be specially desi nated by the SecyTreasury, and destined for places in the republic of Mexico."
Skip Skip The amendment was agreed to. The 6th section was read, as follows: SEC. 6. Abife: That imported goods.wares or merchandisein bond or duty paid and products or manufactures of the U.S. may. with the consentof the proper authorities of the Provinces aforesaid. be transported from one port or placein the UU.S.to another port or place therein.over the Territoryofsaid Provinces. by such routes and under such rules regulations and conditionsasthe SecyTreasury may prescribe: and the goods. wares and merchandiseso transportedshall. upon arrival in he U.S. from the province! aforesaid.be t satedin regard to the liability to or exemptionfrom duty or tax as'if the transportation had taken place entirely within the limits of the U.S.
Mr. SHERMAN. I move to amend section 6 by inserting after the word “ Provinces, ” in lines four, 6, and ten, respectively, the words “ or republic.”
Mr. CONNESS. I should like to have the Senator explain that amendment briefly.
Mr. SHERMAN. We have already inserted in the 5th section a provision in regard to the republic of Mexico, and this is simply to conform to that.
Mr. KIRKWOOD. Unless there be some better reason than that which has been iven in regard to coarse wool why this should be stricken out, I prefer that it should be retained.
Mr. SHERMAN. The trouble is that it operates on every class of goods, and it introduces elements of uncertainty into every in vaicc in the customhouse, because, in addition to the present mode of ascertaining the value, they Will have to enter into a computation of all these different things, and the importingner chantmust be prepared with information which the law did not require him to furnish hereto fore. To require it now suddenly, merely for a few months, would seem to beagreathurdship. It was proposed, indeed, if this 9th section should be contined, to make an exception of wool and the Senator will see that we should be involved in a difficulty.
Mr. GUTH ltIE. I think it is highly proper to strike out this 9th section. Ourtarilf laws now prescribe that we shall take the foreign value in the markets of the country from which the foods are iin orted. All valuable goods come n packagest at are not very costly. When you take the amount of the value of them, all cheap, heavy goods would be increased very much by the cost of the ackage, and thus we should increase the tari upon cheap nrticlesverygreatl ', while we increasedit scarcely any at all upon the valuable goods. Now, we have provided, and our experts have the means of ascertaining, the comparative value ofeVery description of goods in the principal ports of the country from which they are brought, but there is no means of ascertaining the foreign cost of the packages in which they are wrapped. If this section be retained you will place everything in uncer tainty until the means can be devised of ascertaining that foreign valuation. We know as a matter of fact that with the cheaper goods, the heavier goods, the packages have to be better and would be more costly, and thus we should greatly enhance the tarilf on those articles. I think before a measure of this kind is adopted We should have an experiment as to the weight of these packages, so as to see how it would operate upon the tariff, and how it would increase upon some articles and not increase materially the costly articles. The striking out of this section has the full sanction of my judg ment, from my knowledge upon the subject.
Mr. EDMUNDS. On this question I ask for the years&nays. The yeas and iinys were ordered; and being taken, resulted yous 26, nays ll; 11. So
The Clerk read Sections ten, 11, and 12 were read, as follows: Sac.10. Abife: That the 2nd proviso in section21 of up nctentitled "An act increasing temporarily the dutiesonimports and for otherpllfDOSES, "approved July 14, 1562, which.rovides t int any goodsremainingin public storeor onded warehousebeyond 3 years shall bere garded as abandonedto the Government and sold undersuch regulations as the SecyTreasury may prescribe and the proceedspaid into the Treasury, bo, and thesameis harsh. amendedso as to authorize the SecyTreasury, in case of any sale under the said provision. to pay to the owner, COHBHZJICoOr, agentpf such goods. the prooeods thcrcot, alter deducting duties. charges, and exliensvs, in contormity With the provision of the 1st section of the warehouse act of August 6. 1846. SEC.11.Abife: That during the period of oiioyear from the passage of this act t are may be importedinto the U.S., free of duty, any machinery designed solely for and ads.ited to the manufacture of sugar from boots, inclu in; all thopreli‘ninary processes I'CqulSllG therefor but not including any machinery which may beusedfor any other manufactures. $20.12. Abife: That upon the reimporlation ofartielcs onceexiorted of the growth, product or manufactureof the U.S., upon which no lnternnl tax has been assessedor paid, or upon which such tax has beenpaid and refundedby allowance or drawback, there shall be levied. collooted, and paid a duty equal to the tax imposedby the internalrevenue laws upon such articles.
Mr. SHERMAN. As section 13 is a very long section, and the Committee on Fi nance move to strike it. all out, I presume it is hardly worth while to read it unless some senator deSires it. I will state that the effect of it is to establish in the Treasury Dept a Bureau of Statistics with a pretty large force, and with the direction that certain reports now made to Congress be made to this bureau with a view to the collection ofstatistics. The ComFinance are in favor of the object of this section; but they think it ought not to be adopted in this form at this period of the session. The statistics proposed to be gathered together are chiefly of a commercial character, and when the Bureau of Statistics is organized, it ought tolembrace agricultural and manufacturing statistics as well as commercial. On the whole, therefore, we thought it better to postpone action on the subject until the next session of Congress. We have therefore reported in favor of striking it out.
The PRESIDENT protempore. It is moved that the 13th section of the bill be stricken out.
The Clerk read The Committee on Ifinance proposed to mscrt at the end of the bill the following additional section: Soc. 14. Aml Abife: That the SecyTreasury be authorized and directed to suspend the collection of the direct tax imposedby an act of Congress pussed August 5, 1861.entitled “An act to provide increasedrevenue from imports, to pay interest on the public debt, and for other purposes."until January 1, 1868.
Mr. VANWINKLE. I move to amend the amendment by inserting after the word “col lection” in the 3rd line, the words “ in the States heretofore declared in insurrection.”
Mr. CONNESS. I understand the effect of this amendment to be to exempt all the States lately in rebellion from the collection of the direct tax.
Mr. FESSENDEN. It is merely to suspend it.
Mr. CONNESS. To suspend it. I used the word “exempt” in place of “suspend.”
Mr. SHERMAN. It postpones until the 1st of January, 1868, the collection of this tax, and I will state the reason. All of those States that have had even a temporary organization are prepared to assume the payment of the direct tax. They have submitted proposals to congress and to the Treasury Dept to pay the tax, some on a credit of 3 years, some more. On account of the peculiar condition of those States it is impossible to receive their bonds at iresent. Whether the governments that have conorganized there were in a condition to issue bonds and many other political questions were connected with it; but they were all prepared to assume their portion of the tax in the same manner as the loyal States did, with or without interest as might be required by law. Under these circumstances, when they were ready to assume the payment of this tax to require it to be collected by direct tax commissioners, to go to every tax payer and collect it at an enormous expense seemed to be unjust. I believe the ComFinance were unan imousl of the opinion that the best way to dispose o the question at present was to postpone the collection of this tax until a time when we could treat with the State governments and arrange with them for the amount of this tax. It is not proposed by this amendment to relieve them from any portion of the tax, either principaloriuterest. thcouly question was whether, while they ivere olfering as States to settle with us, to give us their bonds, or even if necessary to raise the money, we should, refusing that offer on account of their peculiar condition, go on and collect from individuals in those States this tax. We were of the opinion that it would be neither wise, politic, nor just to do so. The only effect of this amendment is to postpone the collection of this tax until these States will be in such a condition that we can settle with them upon principles ofc uity and justice.
Mr. A WlhKLE. (This section is taken from the tariff bill that passed the House; and it will be remembered by Senators that in one of the bills reported by the JtCommee of 15 on reconstruction, to accompany the constitutional amendment, a provision was inserted providing for giving to these States some ten years, I believe, within which to pay this tax in installments. It is working a great deal of distress at present, and is upon Union men as well as upon roepbeerlsa.ting have a very vivid conception of the injury that it is doing in this way, from its having been attempted to be collected in a portion of my own State by the commissioners of Vir iiiia. Their proceedings were declared illegal there, but from the numbers of letters addressed to myself and my colleague, I know it is produ cing great distress there, and probably is doing the same throughout the sootern States. The amendment I have introduced is on a suggestion of the Treasury Dept to confine it to those States, because there are 3 States, my own included, in which this direct tax has not been settled, and they are able to pay and willing to pay, and they are already within the provisions of another law.
Mr. EDMUNDS. I should like to inquire of the honorable Senfrom WestVirginia whether this act of 1861, the direct tax act, is not a continuing act, making it the duty of the executive officers of the Government to impose 1%.; this tax provided for by that law annually; and whether, therefore, it is not necessary, in order to prevent a reassessment on every northern State this year, to pass, us we have passed almost every year heretofore, a provision suspendin its execution. For the information of the 'enate, I will read the 1st part of the 1st section of that act: That a direct tax. 320.be and is hereby, annually laid upon the U.S., and the same is hereby apportioned.dw
Mr. SHERMAN. The Senator probably is not aware that that was only levied for one year and then was repealed, all the States, pretty much, demanding its repeal. It was only levied for one year. it
Mr. EDMUNDS. My recollection is I rec ollect it perfectly well, as the Senator does that it was only levied for one year. All tax payers found that out, fortunately; but instead of being repealed, so far as my knowledge goes and I shall be glad to have the Senator refer to the statute repealing it I think the fact is, it has only been suspended from year to ear.
Mr. SHERMAN. It was suspended once or twice, but finally indefinitely postponed. I could, by looking at the internafhevenuc acts, hunt it u.
Mr. E MUNDS. I suspect my friendfrom Ohio is mistaken about that, and therefore, for security, I think it would be better to make the special exemption in favor of the particular States named by the Senfrom WestVirginia, so as to avoid the unpleasant condition we shall be in by leaving this act of 1801, which I think is in force at this day.
Mr. TRUMBULL. If the Senator will allow me, I will read the statute on that subject: “No direct tax whatever shall beassessedor 001 lmted under this or any other act of Congresshere toforepassed until Congress shall enact another law qntnng such assessment and collectionto bemade. but this shall not beconstruedto repealor ostpono the assessmentor collection of the 1st ircct tax levied or which should belevied under the not, ” die. This act was passed on the 30th of June, 1864. That is the last one that was passed. The collection of the tax was 1st postponed, and then it was declared that no further tax should be collected until a law was passed authorizing it, except that the 1st tax should be collected in the States where it had not been collected. That is the state of the law at present.
Mr. EDMUNDS. The effect of that, then, would be, as the Senfrom Illinois says, to piovide for a general suspension until it shall again put in operation. With that explanation, probably the result which the Senfrom Ohio has suggested would be reached, and this amendment would not be necessary.
The PRESIDING OFFICER, (Mr. HEN nnrexs in the chair.) The question is on the amendment to the amendment.
Mr. SHERMAN. So far as the 1st year’s assessments are concerned. the law still continues in force, and it is necessary to give them time within which to pay.
Mr. EDMUNDS. I alluded to the amendment that I had suggested. The amendment to The amendment was agreed to.
The PRESIDING OFFICER. The question now is on the amendment of the committee as amended.
Mr. EDMUNDS. 584,000 dollars upon Georgia.
Mr. TRUMBULL. Fain informed that the precise sum is $584,000. Suppose $100,000 of that has been paid already. The persons who have paid that $100,000 would be assessed in common with the others to raise a fund to pay the balance. It would complicate the matter very much. Again, the machinery for collecting this tax is in operation now.
Mr. FESSENDEN. Only in some of the States, not in all.
Mr. TRUMBULL. I supposed it was in all. I suppose the whole tax wou d have been collooted)before this but that the SecyTreasury, under that power which he exercises, a sort of dispensing power to execute laws or not as he thinks proper, has suspended the collection of this tax from time to time under the same authority that be selected persons to collect the revenue who could not take the oath of office. He has gone on and refused to execute, or neglected to execute, the act of ‘Congross. I suggest that there is no sufficient reason for postponing the collection of this tax and that it will be attended with additional expense to seek to collect it by and by. t It is not a very heav tax at any rate upon these States. I won] not be disposed to ado tany legislation which should be harsh tower these States that are disposed to return to their allegianco; but this is not the adoption of new cgislation. We paid this tax long ago. Sir, your constituents and mine paid this tax years ago. These States have already had a credit of 5 years, by reason of their 0 position to the Government, and I do not think there is any principle of justice or liberality that should require congress to postpone it longer.
Mr. JOH SON. I revet that my friendfrom Illinois should have eemed it his duty to oppose this proposition. I do not think he is aware of the condition of the South. He cannot know how exceedingly impoverished they are. He cannot know that there is hardly any money there with which even to buy the necessa ries of life, much less to pay taxes. There may be in the city of NewOrleans money in bank; but if so it belongs in a great measure to those who are doing business on account of the North commission merchants. No doubt there is a large fund, because they have been dealiu in cotton to a great extent. But rose simply for the purpose of saying, and I have thought my friendfrom Illinois was willing to ado talmost everything that the committee of ftecn recommended, that one of the measures recommended by that committee, and it received, as well as I recollect, the vote of every member, was to sun end the collection of this tax. The honorable member tells you that your constituents and his constituents have paid it. This is true; but your constituents and his are in a very different situation from the citizens of the States through which armies have marched carrying desolation in their train. The mare of GenlSherman and I find no fault with it, because he deemed it necessary, and perhaps it was necessary, to accomplish the end the march of GenlSherman extended for a width of some 40 miles, and left that whole area almost in rain. The inmates of many a homestead who were happy and prosperous are now not only without money but without homes. It seems to me, therefore, to be not only an act of humanit but an act of strict justice, if we do not wish to complete the desolation of the South, that we shall at least extend to them what they now only ask, some time within which they may be able to reinstate themselves in their ancient prosperity, and meet as of old the demands of the Government. The amendment, as amended, was agreed to.
Mr. CHANDLER. I confess that I am a little surprised to have cod fish raised here again in this body. I supposed we had settled that question forever a year ago, when the Senator assented to a compromise, and I congratulated him and the country that we had got through with cod fish. Now the ComFinance propose to give cod fishermen all they ever asked aremittal of the duty on forei a salt. All that they pretended the ever asked was a re rnittal of that duty, an that is contained in this section. I am surprised that exception is taken to this 4th section. It was distinctly understood, as I thought, by all parties a year ago that that question was ended, and ended forever. I hope that this vote will show that it is ended, and ended foret'er, and that we shall never have another vote in this body for cod fish. I have voted for 9 years to retain the bounty on the cod‘fisheries; but now, for the 1st time, I am going to vote to get rid of it, and get ride of it forever.
Mr. MORRILL. I do not understand what the honorable Senfrom Michigan means by a compromise. Who are the parties to a comromise such as he speaks of? Mlr).CHANDLER. It was generally under stood that if we would continue the bounty another year, at the end of the year this change should be made.
Mr. MORRILL. I was no party to such an understandin.
Mr. CHANgDLER. Perhaps the Senator did riot assent but I understood that he did.
Mr. MORRILL. I am no party to such an understandin and if I were I should be ashamed of it. I understand the proposition of the honorable Senator, his statement is that somebody representing an interest which I say is national the only ground I put it on is that it is in favor of your mercantile marine and your Na somebody here felt authorized to say that ift ey could make a catch enny out ofit, and get the duty off upon salt, that would be just the thing. What would become of the national interest which I 8m talking about? Sir, I never gave m consent to any such ar rangement as that have not been advocating this bount on the ground that it was particularly benecial to the fishermen nor that it was particularly prejudicial. I have endeav ored to put it upon higher grounds. I have endeavored to put it upon the ground of a national necessity, and that if you repeal the fishing bounties you strike a blow at your mercantile marine and at your Navy. That is the ground upon which I put it; and I should be ashamed i I had everin an hour consented to the idea that if you. would give us a little drawback on salt we would agree to abandon the bounty on fish, which was given to encour age and to sustain a national interest. I rose simply to repudiate the idea of any understand in or arrangement of that sort.
Mr. SHERMAN. I can only state that this section came from the HoRep in the bill, and I believe it passed the HoRep without a division. I must add my testimony to what has been said by the honorable Senfrom Michigan. A year ago we had quite a struggle over this subject; and I understood then, by the Senator’s collca no, that the interest represented, the local interest, would be very well satisfied if they could have a remission of the duty on salt a provision which I thoughtwas perfectly just and right, because as the fishermen in Canada an the French fishermen would be able to get their salt without duty, as a matter of course the American fishermen ought to be on the same footing, and ought to have the benefit of the remission of the duty. I think this is a wise settlement of the question, and I hope we shall have an end forever to this controversy.
Mr. FESSENDEN. “By the Senator's colleague, ” I presume the Senator does not mean me. I was not here at that time.
Mr. SHERMAN. I allude to our prede cessor
Mr. Farwell. perhaps Iy would be doing him injustice in saying that he assented to any arrangement, but I know that be pressed vcryatrongly as an amendment or qualification to the bill to repeal the fishing bounty, a provision allowing a remission of the duty on salt, and he thought that that would be satisfactory to his constituents. I hope, therefore, that this question will be ended. This provision was put into the bill by the HoRep, and, I think, passed there without a division.
Mr. BUCKALEW. On a question of this kind it seems to me the Senate should have furnished to it some statement of the natural result of the re osed change.
Mr. SHERMAN. I supposed that this was a matter so familiar to all Senators that it was not necessary to say anything about it. We have discussed this question of the fishing bounties for several sessions.
Mr. BUCKALEW. Before the Senator proceeds to make an exlanation, I will call atten ttion to 2 points: rst, the amount received new the average amount actually paid under the law authorizing these hountics.
Mr. BUCKALEW. And next, the probable amount which will be withdrawn or diverted from the Treasury by allowing salt to be used 'without charge by the persons engaged in the fisheries. The question being taken by yeas&nays, resulte yeas 9, nays 29; 10. So the amendment was not agreed to. The bill was reported to the Senateasamend ed, and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill be read a 3rd time.
Mr. SPRAGUE. I desire to olrer an amendment.
The PRESIDING OFFICER. The bill has been ordered to a 3rd reading and is not now open to amendment.
Mr. SPRAGUE. I presume there will be no objection to my offering the amendment. Iwas on the door before
Skip Skip The question was put. I move to reconsider the vote ordering the amendments to be engrossed and the bill to be read a 3rd time.
Mr. SHERMAN. I think the Senator can accomplish his object by introducing his prop position as a simple resolution of the Senate. I hope, therefore, he will do it in that way, if there is any objection to it now.
Mr. SPRAGUE. the proposition that I have sent to the Chair is simply to authorize the SecyTreasury to appoint a commission consisting of 2 officers of the Dept and one other person to investigate into the bonded warehouse system, and to report to Congress the facts in regard to it. It is a subject in which I have a.deep interest. I know that the country is suffering from the present administration of that system. This seems to me to be a proper provision to be attached to this bill, as it is essentially one connected with the revenue. I ask the Senate at any rate to listen to the reading of the proosition before they} give it the go by. L
Mr. CONNESS. hat is the proposition of the Senator?
Mr. SPRAGUE. The proposition is for the appointment of a commission by the SecyTreasury to investigate the bonded ware house system.
Mr. CONNESS. Is it offered as an amendment?
Mr. SPRAGUE. I offer it as an additional section.
Mr. CONNESS. I should like to hear it read.
The PRESIDING OFFICER. It is not now before the Senate.
Mr. ANTHONY. It is certainly tplroper to read the amendment so as to show e object of reconsidering the vote.
The PRESIDING OFFICER. The question now is on the motion to reconsider.
Mr. ANTHONY. Undoubtedly'. but is it not competent for the Senator who makes that motion to read the amendment which he proposes to offer, so that the Senate may judge whether to reconsider or not?
The PRESIDING OFFICER. If there be no objection, the proposition will be read.
Mr. GRIMES. If that were so you could debate the whole question on the single question of reconsideration.
Mr. ANTHONY. It is a courtesy that I have never known to be refused before in the Senate.
Mr. GRIMES. If it is put as a question of courtesy, that is one thing; if it is put as a question of parliamentary law, that is another.
Mr. GRIMES. The fact is nobody can tell how manv commissions we have already had appointed under different laws passed at this session.
Mr. ANTHONY. I submit that a Senator in moving a reconsideration has a right to state the reason why he moves it; that he moves it with a view of offering the following amendment.
The PRESIDING OFFICER. Is there an objection to the reading of the proposed amendment? The Chair hears none, and it will be read.
Mr. BUCKALEW. I desire to say that the Senfrom RhdIsland was clearly upon the floor and stated his proposed amendment before the Chair announced the vote. The Chair did not observe the Senator; but he certainly made his motion in time. I shall therefore vote for the reconsideration.
The PRESIDING OFFICER. The Chair re"rets that he did not observe the Senator.
Mr. SHERMAN. I feel bound to say that I was sittin here beside the Senfrom RhdIslnn and he rose to make his motion before the action of the Senate upon the committee‘s amendments, but took is seat, until they should be disposed of, and
Skip Skip The question was put before be ad an Opportunity of offering the amendment. I hope, therefore, the Senate will allow him to offer the amendment.
Mr. CONNESS. It will only take a single moment to have the proposed amendment read. I do not know that shall agree with the Senfrom RhdIsland, but I should like to hear his amendment read.
The Secretary read it, as follows: Abife: That the Secretary0f the Treasury shall appoint a commission.consisting of thostatisticianof the TreasuryDept. the col Icetor of the port of newYork. an oneotherperson. who shall investigate the advantagesor disadvan tages growing out of the lawsoreatingandregulating bonded warehouses. and to reportat thenext session ofConirressthe amountofrevenue.ifany. thatwould probably besavedto the Treasury if the dutiesupon.Lmplortedgoods werepaid at the dateof entry and 1“ ereby a more honest administration of the revenue laws and a greatersecurity from fraud there upon would be secured.andalsoasto an conditions that may exist in the laws aforesaidor this adminis tration thereof.in contrastwith theinternnlrevcnuc laws that are.wherecom etition exists more favorable to the foreignthan the homomanufacture.
The PRESIDING OFFICER. The question is, Shall the vote orderin the amendments to be engrossed and the bill read a 3rd time be reconsidered?
Mr. CONNESS. If that vote were reconsidered I would not like to vote for the amendment in the shape the Senator has presented it, and thereforeI do not feel inclined to reconsider it for him. I think the amendment is rather partially drawn up. I could tell by the reading of it that it was written by some person who was utterly opposed to the whole warehousing system. It casts an onus upon the system in almost every line.
The PRESIDING OFFICER. The merits of the re position are not before the Senate.
Mr CONness. I do not propose discussing the merits of the question.
The PRESIDING OFFICER. The question is, Shall the vote ordering the amendments to be engrossed and the bill to be read a 3rd time be reconsidered? The motion was agreed to.
Mr. SPRAGUE. I now offer in amendment as an additional section to the ill.
Mr. FESSENDEN. I move to amenditby striking out all the designations of individuals and providing simply that the commission shall consist of 3 persons to be appointed by the SecyTreasury.
Mr. SPRAGUE. I accept that modification.
Mr. CONNESS. It is not satisfactory to me even with that modification. I should like to hear it read as it now stands.
Mr. FESSENDEN. I am not in favur of it. I put it on general par I shall vote against it; butif it passes, it ought to be changed in that way.
The Secretary read the amendment, as mod ified, as follows: Abife: That the SecyTreasury shall appoint a commission consistingof 3 persons who shall investigate the advantages or disadvantages growing out of the laws crciitingnnil regulatingbonded warehouses for imported goods. antl to report at the next session of Congressthe amount of revenue. if any. that would probably be saved to the Treasury if the duties upon imported goods were paid at the dateof entry and if thorebya morelion estadministration of the revenuelaws and a greater security from fraud thereupon would besecured and also as to any conditionsthat may exist in the laws aforesaid or the administration thereof.in contrast with the internalrevenuelaws. that are whereconi petition exists, morefavorableto the foreign than to the homemanufacturer.
Mr. MCDOUGALL. The Chinese wall policy of shutting out all ingress to our country from foreign lands with foreign fabrics has been pretty pertinaciously maintained by the Senfrom RhdIsland, who has become the champion of that policy. What this prop position strikes at is running that policy in its furthest extreme. The warehousing system of the U.S. is Well understood, and it has been discussed frequently. No commission is required to inform the Senate or HoRep as to how it operates. It may make a jobfor some individuals, but only raises a useless question, and involves an intimation on the record that the system operates as a fraud upon the revenue of the U.S. The warehousing system is demanded, and we have it in very excellent shape now. It has been carefully canvassed and discussed, and nothing but a Chinese wall policy would lead to the introduction of any such proposition as this.
Mr. CONNESS. I move to amend the amendment by striking out all after the word “Congress, ” in the following words: The amountof revenue.if any. that would proba bly besaved to the Trensur if the duties, upon ini ported goods werepaid at t in diite of entry and if therebya more honest administration of the revenue laws and a greater security from fraud thereupon would besecured and also as to anyconditions t iat may exist in the laws aforesaid or the administration thereof.in contrastWith the internalrevenue laws. that are.wherecompetitionexists.morefavorable to the foreign than to the homemanufacture. So that the amendment, if amended, will read: That the secyTreasury shall appoint a committee consisting of 3 persons.w0shall the advantages or disndvuntages growing out of the laws crcuting andregulatingbondedwnro houses for imported goods.an to reportat the next session of Congress.
Mr. POMEROY. I will suggest to the senator to amend the portion proposed to be stricken out by substituting the word “equi table” for “honest.” The language is, a “more honest administration.” That is a little reflection on the system; but if the word was “equitable, ” I ink we could vote for the amendment.
Mr. SPRAGUE. I will accept that suggestion.
The PRESIDING OFFICER. The amendment is not in order, there being an amendment to an amendment now pending.
Mr. SHERMAN. I hope we shall have a vote.
Mr. FESSENDEN. Let us have a vote. Everybody understands the question.
Mr. POMEROY. It is always customary to amend the clause proposed to be stricken out before the question is taken on striking it out.
The PRESIDING OFFICER. The amendment of the Senfrom California is an amendment to an amendment and the Chair thinks it is not further nmendable.
Mr. SHERMAN. I trust the Senfrom California will withdraw his amendment and let us take a vote.
Mr.CONNESS. I am willing to do that, but the portion of the amendment which I have moved to strike out is veryoffensive in its language to me. It alleges ads in the system. deny that that system generates from s, and I do not wish to vote for that. Nevertheless I am willing to withdraw the amendment and allow the vote to be taken.
Mr. POMEROY. As the Senfrom RhdIsland says that he accepts my nmend ment, it becomes a modification of his amendment.
Mr. GUTHRIE. This proposition involves the question whether we are to have the ware house system or cash payments, whether our merchants shall pay their duties according to the warehouse system, or whether we are to have cash payments upon the importation. In olden times we gave them creditupon the duties and took the bonds of merchants. When we abolished that system we introduced the warehouse system. There is a conflict between the manufacturers and the merchants as to whether there shall be cash duties orwhether the ware house system shall exist. There will he fmuds in the importations upon the Treasury, adopt what system you may; for whenever it is the interest ofindividuals to evadeyour laws, your duties being high and the reward great, the evasion will be attempted to be made, and will be more or less successful. I am not willing toingraft upon this bill the beginning of this war upon the warehouse system. The gentleman was exceedingly modest in indicating who was to be onthis commission, so that he would have a partial report. It would bein the power of the SecyTreasury to appoint those wln would certainly remm in favor of the warehouse system; it would he in his power to appoint those who would certainly report in favor of the cash system and doing away with the warehouse system; but neitherreport would settle this question if it is the determination of the great manufacturers of this country to war against the warehouse system and the importing merchants. I will not go further into this question. This is a war must the warehouse system in favor of the cas system. If Senator's are read to give up the warehouse system, they will a opt the amendment proposed by the Senfrom RhdIsland.
The PRESIDING OFFICER. The question is on the amendment to the amendment proposed by the Senfrom California, to strike out the latter part of the proposition of the Senfrom RhdIsland. The amendment to The amendment was agreed to.
The PRESIDING OFFICER. The question now is on the amendment proposed by the Senfrom RhdIsland as amended.
Skip Skip The question being put, there were, on a division a cs 0 noes 12; no quorum voting.
Mr. SUMNER called for the yeas&nays, and they were ordered; and being taken, resalted yeas 11, nays 23; 14. So the amendment was rejected. The amendments were ordered to be engrossed and the bill to be read a 3rd time. I‘he bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the HoRep had passed the bill (S.No.170) in relation to the district. courts of the U.S. in the States of California and Louisiana, with an amendment, in which it requested the concurrence of the Senate. The message also announced that the HoRep had passed the followin bills, in which it requested the concurrence o the aSenate: bill (H.R.No. 643) to alter the places of holding the circuit courts of the U.S. for the RhdIsland district; A bill (H.R.No. 755) amendatory ofan act to amend an act entitled “An act relating to habeascorpus, and regulating judicial proceedings in certain cases, approved May 11, 1866; and A bill (H.R.No. 800) for the reliefof Marion M. Buxton. The message further announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill It. No. 692) increasing the pensions of Widows and orphans, and for other purposes. ENROLLED BILLS SIGNED. The message further announced that
The SPEAKER of the HoRep had signed the following enrolled bills and JtResolutions; which were thereupon signed by the President protempore: A bill (H.R.No. 365) granting the right of way to ditch and canal owners over the public lands and for other purposes; A bill (H.R.No. 587) to ince crate the Soldiers and Sailors’ Union, of I ashington, DistCol; H A bill (H.R.No. 0022)increasing the pensions of widows and orphans, and for other purposes; A bill (H.R.No. 729) to change the port. of entry in Puget sound; A bill (H.R.No. 779) to incorporate the National Soldiers’ and Sailors' Orphan Home; AJtResolution (H.R.No. 178) in refer enge to the Dismal Swamp Canal Company; an AJtResolution (H.R.No. 100) in regard to rations of Union soldiers held as prisoners of war. ADMISSION OHFNEBRASKA.
Mr. WADE. I move to postpone all prior orders and proceed to the consideration of Senate bill I o. 447, for the admission of Nebraska as a State.
Mr. SHERMAN. I will ask, what is the pending business? I think the civil appropriation hill is still pending as the unfinished business, and I hope my colleague will postpone Nebraska until we get throurh with this bill.
The PRESIDING OFFIC "It. The Chair understands that the bill mentioned by the Senfrom Ohio has not yet been reported.
Mr. WADE. I believe it has not been. I will now report it from the ComTerritor, and ask for its present consideration. I thoughtit had been reported. The ’RESIDING OFFICER. The Senfrom Ohio asks the unanimous consent of the Senate to consider the billjust reported by him.
Mr. SHERMAN. I objcct until the miscel laneous appropriation bil is disposed of. The P {Iii SIDING OFFICE t. Objection bein made, it cannot be considered now.
Mr. SHERMAN. I willjoin my colleague in his efforts for the admission of Nebraska tomorrow, when we get through with this miscel laneous appropriation bill.
Mr. WADE? I give notice that I shall move tomorrow to take it up the 1st thing. REPORT OF A COMMITTEE.
Mr. HOWE, from the ComClaims, to whom was referred the petition of Joseph Segar, praying for compensation for property seized y the Union Army in Virginia, asked to be discharged from its further consideration, and that the petitioner have leave to withdraw his petition and papers; which was agreed to. CIVIL APPROPRIATION BILL. The Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 787) making appropriations for sundry civil expenses of the Government for the year ending June 80, 1867, and for other purposes, the pending question being on the amendment proposed by Mr. Bucmnuw from the select committee on ventilation.
Mr. DEN. Can you give the chapter and verse. [Laughter]
Mr. SUMNER. I cannot give the chapter and verse. I have t it here. I have written it down. It is as fo lows, and I think you will see the application of it, and my friendfrom Maine wiil not be insensible of it. A house, he says in this proverb, had better be too little for a day than too big for a year; therefore, houses ought to be proportioned to ordinary occasions and not extraordinary. Now. this Chamber of ours is not proportioned to ordinary occasions; it is not proportioned to our every day business; and what I desire is that it should be broughtinto those proportions, that it should be irought into harmony with what we are called upon to do every day; and that it should not be kept in proportion to those extraordinary occasions when these gal leries are filled. Now, sir, I have no motion to make, but I do not see how I can vote for this large appropriation which is to involve an increase expenditure on this room, which, it seems to me we ought to do all we can to get rid of, instead of uttin more money into it.
Mr. H RRIS. Mr. President, I am not prepared to agree to any proosition to change this Chamber, so far as it relates to its size or its location, but I am decidedly in favor of improvinghits ventilation. But l desire to inquire of teSenfrom Pennsylvania who presents this proposition, how much of this $117,000 be proioses to have expended during the recess of congress. I suppose a ver small proportion; and I should think it muc more advisable to make an appropriation equal to the amount to be expende during the time that will elapse between this and our reassembly in December, and then consider what we shall do after Congress shalladjourn next year. It seems to me we ought to make a moderate appropriation now to carry on the changes that he proposes to make during the coming recess.
Mr. FESSENDEN. I wish to ask the senator whether he has any assurance that the work will be done between now and December lit XX.
Mr. BUCKALEW. That is the very point to which the Senfrom NewYork spoke a moment since in putting his question.
Mr. BUCKALEW. Only a certain portion 'of the work can be accomplished before the next meeting of Congress. Istated yesterday that the committee proposed for the next session simply to hydrate the air that is to be let into this Chamber?
Mr. HARRIS. Will the Senator allow me to inquire whether or not that is not a separate work from the work thatis contemplated in the upper part of the Chamber?
Mr. BUCKALEW. But that is not involved in this plan.
Mr. HARRIS. That is all that is proposed to be done this car.
Mr. BUCKAIYJEW. It is no part of the plan of the committee. It is a mere temporary device for the next session. Unquestionably this roof cannot be elevated and side windows inserted all around the upper part of the Hall before the next session of Congress; it is impossible, but the committee have reported an entire plan, and they ask the Senate to adopt it as an entire plan securing results. You cannot take a part of it; you cannot take one fragment of it; you cannot adopt the improvement in one detail and get results. It would be just as absurd to have voted last winter for some part of the additional wing to the Library of Congress, because it. was not proposed to expend the money before Congress would be ju session again. The Senator will see that there is no force in his observations, unless you i could separate and divide one part of this plan ofimprovement from another.
Mr. SHERMAN. I should like to ask whether the plan proposed in the 2 wings will not involve some radical changes in the center building? Must there not he a proportional elevation given to the center?
Mr. BUCKALEW. The subject of the ef fect of the elevation upon the appearance of the building from the exterior is one upon which I do not propose to enter. It is insisted n on, and I believe correctly, that the present 0 ovation of the Capitol is defective; that it departs from the order of architecture upon which the Capitol was originally designed; that being the toman Corinthian order, as it is technically known, and which involves the breaking of s lines by irregular elevations; whereas the s line of our building is now horizontal; it is level from one end to the other. The eye does not rest upon the Senate or House wing in viewing the Capitol; nothing is dwelt upon but the dome. It departs alto gcther in that particular respect from the principle of the original design.
Mr. SHERMAN. What I desire to know is, whether this will render it necessary to change the elevation of the center of the building.
Mr. BUCKALEW. It was contemplated by the architect who had charge of the Capitol extension that there was to be an extensive addition built in connection with the dome, and when he resigned his office, about a year since, he left behind him in his regular annual report a plan for a chanfle in the center part of the building. Itwould involve some future addition to the structure at the dome; but we are not concerned with that at present. The amount of elevation upon the Senate wing would not be considerable, and it would not interfere at all with the exterior adornment of the building, the porticos, the colonnades, and the balustrading above on the outer walls of the Senate wing. Our addition would be seen behind the exterior lines at a considerable distance. I do not flow go into the question of an exterior attic or barrier, which may be added for architectural reasons and general effect, but is not contemplated by this appropriation.
Mr. WILLEY. I think I understood the honorable Senator to state that while it was not in contemplation to do anything more than hydrate the air in the Chamber between this session and the next session of Congress, yet, in order to be able to complete the arrange ments in the roof of the Chamber between the end of the next session and the succeeding session, it would be necessary now, at this time, to engage in the commencement of materials and arrangements so as to enable the architect and builder to complete the changes in the roof between the next and succeeding session, and that therefore it was necessary to make the entire appropriation now, in order to secure the materials, &c., with a view to the ultimate completion. I believe I understood the Scu ator correctly in that respect.
Mr. ANTHONY. After the very elaborate and interesting speech which the Senfrom Pennsylvania made yesterday upon this subject I do not feelas though I can ad anything to it. I served on the committee under him, and I commenced the iiivestiation with a very strong feeling in favor of pus ring the Senate Chamber out against the exterior wall, which I have been told was the original plan of the building; but I was entirely satisfied, from examining the subject and hearing the discussion by scientific men, architects and chemists, that this Hall never would be properly ventilated by mere lateral ventilation; that the temperature would be different in different parts of the room, and in order to make it comfortable in some parts, it. would be necessary to make it very uncom fortable in others, and even if the Senate Chamber was placed against the wall of the building with the windows opening directly into the air it would be necessary to have an artificial ventilation, and the only ventilation that has been successful in a bar room is ventilation from above and forced own by machinery. I believe we shall never have a comfortable, or a healthful, or a tolerable Chamber here until we adopt some system like the one now proiosed. This is altogether the best that I have been able to come at. I do notbelieve we can do any better than to adopt this system. I do not believe we can have on any other plan that has been brought to the knowledge of the committee anything like such conditions as we desire.
The PRESIDING OFFICER. The question is on the amendment proposed by the Senfrom Pennsylvania.
Mr. DOOLITTLE. I am also instructed by the ComIndAffrs to offer the following amendment to carry into effect the treaty with the Creeks: Appropriations required for fulfilling treaty stipulationswith the cree nation ofIndians under treaty psfIsgI une14.1866f, or the fiscalyear endingJune 30. For this amount to be paid percqprlain money, unlessothervnsedirectedby the President.upon the ratification of the treaty, to enable the Indians to occupy.restore, and in row their farms.to paythe damn e sustained by the missionschool, and to pay the de egates of the council as per3rd article treaty of June 14, 1866$.51).000. Interest on 8775.168ir.om the dateof the ratification of treaty.at the rate of 5% or an rneutmar.ytoofbeexendedunder the direction of the Secthe nterior. as per3rd ii.rticletreatyof June 14 1866f, or the fiscalyearendingJune 30.1867. For this amount, or so much thereof as may be necessary.to enable the SecyInterior to causethe line dividingthe Croek countryasprovided for in the terms of thesaleof Greekland to the U.S. in article 3rd. asper 8th article treaty of June 14.18068, 4.000. Eat the erection of agencybuildings. as per9th article treatyof June 14, 1866,000. For this amnuntmr so much thereof asmay be neceamry.to enablethe SecyInterior to causea census of the Greeksto be taken asper 1st clause10th article treatyof June 14.18668.2.500 neFcoersstahriys. amount or so much thereof asmay being to pay the expensesincurred in negotiat treaty of gnu14.1866. as per14th article of said treaty. 10.000. For transportation of such articlesas may bepur chasedfor the Creek nation of Indians, under treat of June 14.1866f or the fiscal year ending June 1867, or so much thereof as may be necessary.87.000.
Mr. RIDDLE. Ioifer the following amendment as an additional section: Abife: That the compensation of eachSenator.Representative, and Delegatein congress shall be $5,00oper year and mileage as now provided by law: and this provision shall be consti uedto operate from the beginning of the 39th Congress. I do not intend I am not well enough if I desired to do so to occupy the time of the Senate in discussing this proposition; but senators have shown a disposition of late to be generous to others, and I think it now becomes them to be just to themselves. We have been detained here 8 months during this session, and there is no Senator on this car who can say that his salary for the year will pay his expenses during the session. We are increas‘ing salaries everywhere. We are giving clerks more than we get ourselves. We are exhausting our energies, we are mining our health, and we are really not getting enough to pay our house rent and marketing. I ask the calm consideration of the Senate upon this proposition. It is certainly not an extravagant one. Every Senator will admit that we are paid less than any employees of the Government, and why this prowsion should not be passed I cannot imagiue. I leave it to older Senators to say what they will do with the subject.
Mr. HENDERSON. I desire to offer an amendment to the amendment as a substitute for it. It is “ to strike out all after the word that, ” in the 1st line of the proposed amendment, and insert: The compensation of each Senator, Representative and Delegate in Congress shall be $0.00oper annum, to be computed from the 1st dayofthe presentsessiouof Congress;andin addition t creto, mile agoat the rate of 20 cents er mile. to be estimatedby the nearestrouto usually traveledin going to and returning from each regularsession;but nothing herein contained shall affectmileage accounts already accrued under existinglaws: Provided, That hereafter mileageaccountsof Senators shall be eer tified by the President of the Senate and those of Representatives and Delegatesby The SPEAKER of the HoRep.
Mr.JOHNSON. The objectionto the amendment to the amendment, if it is subject to objection is to the clause which relates to mile age. 20 cents would pay a Senator himself, but we have got into the practice and a good one it is upon every account of bringsing our families here. It does not refer to me, because it costs me nothing; but to give 20 cents to a gentleman bringing his family with him, is not to pay his expenses at all. It was the opinion of Calhoun, and I think I have seen evidence of its justice more than once, that one of the bonds of the Union was the mileage. The distant States would be more likely, or just as likely, to be kept. from leaving the uion because of this mileage provision as by any other cause of a similar character. Now, I suppose we will all admit that it is much better t int Senators should have their families with them than that they should leave them at home and be here by themselves. Upon every account it is better; but they cannot do that, bring them here, or take them away, for anything like 20 cents a mile.
Mr. HENDERSON. I modify my amendment to the amendment by striking out the words “session of, ” at the suggestion of some Senators, and leave the compensation to be computed from “the 1st day of the present Congress” instead of the 1st session of the present Congress.
The PRESIDING OFFICER. If there be no objection, the amendment will be so mod ified.
Mr. RAMSEY. I desire to correct theSenfrom Missouri. There is no Senfrom Minnesota who receives 2 or 3,000 dollars mileage.
Mr. OMEROY. I do not care myself about this question at all. I only desire to say one word. The Senfrom Missouri does not know anything about living; he is a bachelor. He never lived an hour in his life; and he is the very last man who should come here to talk to Senators about their expenses. [Laughten]
Mr. HENDERSON. I never said a word about expenses. I did not mention the subject of expenses that I know of.
Mr. POMEROY. What is proper compensation depends to a considerable extent on a person’s expenses. I suppose it is genemlly understood that a Senator comin here should get compensation enough to meet is expenses. That is the reason why I find that many senators about me cannot afford the luxury of a family, they tell me, in Washington, because their compensation will not justify it. That is the only wa I can account for the leanness of my friend filom Missouri. [Lau hter.] For my own part I care nothing about t lequestion of compensation one way or the other be it more or less; but I once thought I would keep an account of my expense in Washington, and I found that the actual expenses, without regard to luxuries such as wines, cigars, and tobacco things for which I never spent a cent in my life were for one year and one month, in my case, $11, 640. A person who intends to have anything like his expenses paid ought not to calculate upon any reduction either of salary or mileage; but I do not suppose Senators care whether their expenses are paid or not. On that account I do not care whether the Senator’s amendment prevails or not. I only say we should not undertake to declare that a person must govern his expenses here in Washington in these times by any reference to his compensation. because the compensation is not the 1st step toward the payment of the expenses of a man who has a family, living as he ought to do.
Mr. CONNESS. Upon this question of compensation and miles vc, so far as it is proosed y the Senfrom Iissouri to makea change affecting my own and others situated like me from the Pacific coast, I have little to say. When it shall come to votin I shall not even cast a vote upon it. I will Ieave the office to the Senfrom Missouri of individualizing the cases of Senators and proving that his own compensation should be increased, bein too low, because that of others was too big. I will only say to that Senator, that for myself, and I am rather a moderate person in my expenses and mode of life, I have not yet paid my expenses since I came to the Senate, not withstanding this immense mileage that the Pacific Congressmen are said to receive or do receive. I will not undertake to inflict upon the senate nor to meet the logic of the Senator by describing what my expenses are, and will not leave the Senate to be at a loss to determine which is the most expensive mode of living in Washington whether to be without a wife or to have obtained one; to be newly married. [Laughten] I resume that each of them has its incidents, and1I leave to the Senators whom it concerns so much to conceal or keep to themselves those incidents. For my own part, it is not a s here that I would penetrate at all. I will simply terminate what I intended to say by adding that I do not care what disposition is made of this question. I did not come to Congress for salary. I am not going to make any contest to keep u salary or compensation, nor to raise it beyond what it is, either in the way of miles e or yearly allowance. It is a subject that I cannot speak upon in that connection, and cannot vote upon.
Mr. HOWARD. I presume the Senfrom Missouri has made some estimate as to the effect which his present proposition will have upon the whole amount paid out of the Treasury for the compensation and mileage of members of Congress. I wish to inquire of him whether, if his scheme be adopted, it would increase or diminish the total amount which the Government pays for that kind of service. I have not had an opportunity of making an estimate in self, but I presume he has, as he seems to have prepared himself very carefull.
Mr. HENDERSON. I can answer the senator. I have made a calculation. My prop position will increase the expenses of the senSenate, that is the amount paid by the Senate, a little over $100,000. We now pay $423, 530 20 l according to the report which was sent in to, us for the last Congress; that was the amount I paid for the Senate during the 2 sessions of the 38th Congress. If my amendment be adopted I have not made a calculation upon 20 cents, but I have upon ten cents mileage it will increase it about $120,000; the total will be about $545,000, or in that neighborhood. At ten cents it would be about $510,000, which would make an increase of about $80,000. I can state to the Senator that I have made another estimate, and it is when you take in the members from the southern States, when we do receive them, if the mileage were ten cents a mile I have not made a calculation at 20 cents, but it could be easily made we shall have reduced the expenses of the Senate by my reposition. The effect of my amendment wouldibe to make a small increase in the amount paid to the members of the HoRep, at present; but in a few years the large number of Representatives coming from the extreme western States will make the present compensation at 40 centsa mile and $3,000 a year amountto much more than the proposition I now make, so that we shall absolutely have reduced the compensation by the adoption of this plan in the course of a few years.
Mr. DAVIS. I was very much pleased with the remarks of my honorable friendfrom Indiana, and I indorse the whole of them with one slight exception. He says, and I have no doubt truly, that he would prefer to vote for this amendment if it was entirely prospective. I prefer it in the terms in which it. has been presented. It will embrace me if the amendment as proposed by the honorable Senfrom Delaware passes. A proposition to mod ify it, to begin it with the next Congress, might exclude me forever, [laughter, ] and, therefore, I am for taking it in the form in which it has been offered by the honorable Senfrom Delaware. I was very much struck with a remark made by the honorable Senfrom Wisconsin. He says that if the mileage be modified as is reposed by the proposition of the Senfrom Missouri, it may lead to an agitation of the question of the removal of the capital. I think it would, and I think that the agitation of that question from session to session would lose much more to the country than the additional mileage will amount to. I am in favor of the proposition as made by my friendfrom Delaware, and I do not care what may be its operation upon the minds of my constituency. I am willing to risk that and to vote for the proposition.
The PRESIDING OFFICER, (Mr. HEN nniexs in the chair.) The question is on the amendment proposed by the Senfrom missouri to the amendment. The amendment to the amendment was rejected.
The PRESIDING OFFICER.the question qeies is on the amendment proposed by the Senfrom Delaware.
Mr. CLARK. I move the following amendment to come in at the close of the 70 2nd line of the 1st section on page 4: MiFsosrisrseipepoinrsivtreurc, tiinngtahned Srteapteusiroinf othueislieuvneae, sonmtihe Missippi, and Arkansas. $1.5m,000t.o wit: $505.60 in thestate of Louisinna .$65.50)i!n) theState of Mississippi and $250,00i0n the State of Arkansas. as nearly as may be with nz proper regard to the efficiency of the repair: sni money to be expended under the direction of the SecyWar. who shall at thenext session of Congress make an accurate and detuiled report to each Home thereof of the amount of moneyexpended under this approprintion the amount of work done.how and in what manner where and by whom.the particular levees repaired or reconstructed.the rates paid for work and material. the condition of the levees, the areas protected by such repairsor reconstruction, and what sums, if any. remain unexpended. v
Mr. TRUMBULL. I hope that amendment is not to be adopted. I do not wish to take n time or discuss this matter further than to ca I attention to it. It appropriates $1,500,000, I believe, for the purpose of constructing levees in Arkansas, ississippi, and Louisiana. have several objections to this. In the 1st place I should like to know where the constitutional authority is to do it. By what authority do we appropriate money to build fences around men’s farms in the southern States? That is all there is to it. It is building a levee to keep the water out of the plantations belonging to these aristocratic rebels during the war.
Mr. CONNESS. To keep the water within the liIississi) H.
Mr. TRUilBULL. To keep the water within the Mississippi if you please to state it that wnyl You might just as well appropriate $1,500,000 to scg hedges around the farms of the State of Illinois, not to keep the cattle out froizli the farms, but to keep the cattle in the rec.
Mr. CONNESS. it is to preserve navigation.
Mr. TRUMBULL. I ask tie Senator if that argument applies to the raising of corn in my State. I ask the Senfrom NewHampshire if he does not think that if $1,500,000 were laid out in making fences in the prairie country we should raise enough more comto benefit the country in the same way that he proposes here.
Mr. CLARK. Perhaps it mightbe so; and I would say to the Senfrom Illinois that if his people were in the condition of the southern people, if they had been impoverished by a calamity or by their own wrong, as these people have been impoverished, so that they could not rise from the calamity that was upon them, I would, if I could find authority for it. make an appropriation that should enable his people to recover their prosperity.
Mr. TIlUMBU LL. The people who own these plantations are better off today than the mass of the people in my State.
Mr. SHERMAN. I have been endeavoring to ascertain the wishes of Senatorsin regard to a recess, and I find that it is the general desire to have a recess. With the understanding that we shall sit this bill out to night I move that the Senate now take a recess until 7 o’clock. Several SENATORS. Say half past 7.
Mr. SHERMAN. No; I think till 7 o’clock is long enough.
Mr. CRESWELL. I move to amend the motion by naming half past 7 o’clock.
Mr. SHERMAN. I think we had better acquiesce in 7 o‘clock; I believe that is the sentiment of a majority.
Skip Skip The amendment was agreed to; and the senate took a recess until half past 7 o’clock. EVENING SESSION. The Senate reassembled at 7 and a half o’clock p. in. never: BILLs REFERRED. The bill (H.R.No. 648) to alter the place of holdin the circuit courts of the U.S. for the R dIsland district, and the bill (H.R.No. 076) amendator of an act to amend an actentitled “An act resting to habeascorpus and regulating judicial proceedings in certain cases, ” approved May 11, 1866, were severally read twice by their titles and referred to the ComJudiciary. The bill (H.R.No. 800) for the relief of Manon M. Buxtmi, the bill (H.R.No. 797) grantin a pension to Daniel Lucas, the bill (H.R.8No. 798) for the relief of Quincy A. Ma, and the JtResolution (H.R.No. 194) authorizing the SecyInterior to pay Charles M. Pott a pension of 15 dollars a month, were severe 1yread twice by‘their titles and referred to the Committee on pensions. IMPORTED MERCHANDISE AT NEWYORK.
The PRESIDENT o fempore.aii before the Senate the amen ments of the HoRep to the bill (S.No.89) to amend the acts relating to officers employed in the examination of imported merc'hau ise in the district of NewYork.
Mr. MORGAN. I move that the Senate disagree to the amendments of the House, and ask for a conference on the disagreeing votes of the 2 Houses. The motion was agreed to; and by unanimous consent the President ipro tempo rewas authorized to appoint the conerces on the part of the Senate, and Messrs. CHAKDLEB, oa oas', and Roman were appointed. RAILROAD I'HOM I'ORTRILEY TO FORT SMITH. The Senate proceeded to consider the amendments of the HoRep to the bill (S.No.224) granting lands to the State of Arkansas to aid in the construction of a southern branch of the Union Pacific railway and telegraph from Fort Riley, Kansas, to Fort Smith, Arkansas.
Mr. POMEROY.Y. I move that the Senate concur in the amendments of the HoRep.
The Secretary read the 1st amendment, which was in section one, line 12, to strike out “ ten” and insert “live alternate.”
Mr. POMEROY. The effect of that is just nothing at all. The original bill granted ten alternate sections per mile, and the amendment grants 5 on each side, which is just the same thing.
The Secretary read the other amendments, namely: In sectionone, line 13.afterthe word“road " inslcrt'“and not exceeding in all ten sections permi 0. In sectiontwo strike out from "sold, " in line 5, to and including the word." aforesaid."at the end of line sci cu. In: section 3, has four, strikeout “be in roadi ness o." In section 3.line live, alter “Government” in cart" of the U.S. free from all cost or charges therefor to the Government.” In section 3 Jh‘iko out after "thereof." in line 6. down to and including “roads.” in line ton. In section 3.line ten.strike out.“ and reserved as aforesaid." “ In section 3, line 16, after “ land " insert herein granted.” In section teu. linc 3. after “aequire " insert “title to land for railroad purposes.” In sectionten, line 5.strike out the words"railroad purposes." " In section 11.line 4. strike out the words and subsidized." The amendments were concurred in. CALIFORNIA AND LOUISIANA ms'rnic'r COUR'FS. The Senate proceeded to consider the amendment of the HoRep to the bill (S.No.179) in relation to the district courts of the U.S. in the States of California and Louisiana. The House amendment was to add the following additional section: SEC.5. Abife:, That the salary of the U.S. district judce for the district of Louisiana shall hereafterbe$4, 50oper annum.
Mr. HARRIS. I move that the Senate non-concur in that amendment.
Mr. HARRIS. I think we had better settle that question of judicial salaries all at once and not y installments.
Mr. JOHNSON. Iask m friendfrom NewYork if there is a bill to sett e that.
Mr. JOHNSON. What is the effect of this vote upon the other provisions of this bill?
Mr. ARRIS. This is the only amendment. There is a bill now pending
Mr. CLARK. It does not disturb anything e so.
Mr. HARRIS. If we non-concur the House may recede. The amendment was non-concurred in. RESCUE OF THE SanFranCISCO. The Senate proceeded to consider the amendment of the HoRep to the JtResolution (S.R.No. 31) manifesting the sense of Congress toward the officers and sea men of the vessels, and others, engaged in the rescue of the officers and soldiers of the Army, the passengers, and the officers and crew of the steamship SanFrancisco from perishing with that vessel. The amendment of the House was to strike out the 2nd section of the JtResolution, and in lieu of it to insert these sections: $7S, E5CO0. 2. Abif resolved, That the sumof eachis hereby appropriated, out of any money not otherwise appropriated. to the above named captains respectively asa reward of their humanit and heroism in the rescueof the survivors of sai wreck and in caseeither of the said captains may have died. then the amount hereby appropriated shall he paid to the widow of such deceased captain respectively; if no widow survive. then to the respectivechild or children of said deceased captain; and in the event of there being no child or children of esreabidy deceased captain surviving. thou the amount apfpropriatedshall bepaid 1st to the father, or if the ather be not living. then to the mother of said deceased captain. respectively. Site.3. Abif resolved, That there shall be paid to each mateof the 3 above named vessels the sumof 8500 and to each man and boy the sum of $100, and in case of the death of the respective mateor mates and menor boys, the said respective sums shall be paid in the sainc way and under the same conditions asthe paymentis to be made in case of the death of the respective captains.
Mr. JOHNSON. I move that the Senate concur in the House amendment. The origi nal bill appropriated $50,000 to be distributed hythe President. The appropriation is reduced by the House, and the mode of its distribution is expressly provided for. The amendment was concurred in. CLAIMS OF MASSACHUSETTS. The Senate proceeded to consider the amendment of the HoRep to the JtResolution (S.R.No. 121) providing for the examination of the accounts of the State of Massachusetts for moneys expended during the war for coast defense. The amendment was to strike out all after the resolving clause and insert the following: That the Secrets of War be authorised and required to settle with the proper authorities of the state of Massachusettsfor expensesincurred by that State for coast defenses during the war, and that ho report the amountfound to be Justly duetosaid State on such accountto Congress in Decembernext.
Mr. GRIMES. I move that the Senate non-concur in that amendment. Themotion was agreed to.
Mr. TRUMBULL. I do not see in his seat the Senfrom Ohio, who has charge of the appropriation bill, and I move to take up House bil No. 438, which is a small matter and can be disposed of in a moment. By unanimous consent, the bill (H.R.No. 488) in relation to the courts in Washington Territory was considered as in ComWhole.
Mr. TRUMBULL. This bill was at 1st reported upon adversely by the ComJudiciary; but since that report was made the attention of the committee has been called to it again, and I am instructed by the committee to move that the 1st section be stricken out, and to recommend that the bill as thus amended be passed. I move to strike out the 1st section. The words proposed to he stricken out were read, as follows: That the supreme court of the Territoryington of Wash shall be and is hereby.authorized to fix the times for holding the supreme and district courts thereof at snch placesas may be designatedby the laws of said Territory.
Mr. TRUMBULL. There is only one other section in the bill, and I ask that it be read.
The Secretary read the section, as follows: SEQ. 2. Abife: That the judgesof the district court shall appoint a clerk for eachcourt in the district, who shall resideand kecphis otficcat the place ofholding said court and exorcisethepow ers now prov'idedby law for the clerk of the supreme court of the Territory of Washington, and besubject to all provisions oflaw not inconsistent with this not applicable to the clerk ofsaid supreme court. The bill was reported to the Senate as amended and the amendment was concurred in.
Mr. TRUMBULL. I perceive that the bill as it now stands ought to be amended. I move to strike out the words “ the jndges of the district court shall appoint a clerk for each court i“n the district, ” and in lieu thereof to insert each judge of the district court shall appoint a clerk for each court in his district.”
Skip Skip The amendment was agreed to. The amendments were orderengross and the bill to be read a 3rd time; the bill was read the 3rd time and passed. On motion of Mr. TRUMBULL, its title was amended to read: “A bill in relation to the appointments of clerks of courts in Washington Territory." PAY or Anny OFFICERS.
Mr. RAMSEY, from the committee of confercuce on the dies reeing votes of the 2 Houses on the anien ments to the JtResolution (H.R.No. 101) for the relief of certain officers of the Army, submitted the followmg report:. The committee of conferenceon the disagreeing votes of the 2 Houseson the amendmentsto the resolution (H.R.No. 101)for the relief of certain officersot the Army. having met, after full and HM conference have agreed torccoinmend.anddorecommend.to their respectivelIouses asfollows: That the HoRepreoede from their disagreementto the amendmentsof the Senate numbered l, 2, 4, and 5 and agreeto the same. That the Senate TBCOdXIfFQID its 3rd amendment. W. SPRAGHE. Manager:on the par! of the Senate. JGOILHMNAAN. BINGHAM. MARSTON, NELSON TAYLOR. llamaera on the part of the home. The report was concurred in. CIVIL APPROPRIATION BILL.
Mr. SHERMAN. I ask the Senate now to go on with the civil appropriation bill.
The PRESIDENT protempore. The bill (H.R.No. 737) making appropriations for sundry expenses of the Government for the year ending June 30, 1867, and for other purposes, is regularly before the Senate as in ComWhole; and the pending question is the amendment proosed by the Senfrom NewHampshire, Mr. CLARL]
Mr. TRUMBHLL. will take up no further time than to read a little statement that has been sent to me since this question arose. The Senate will recollect that the question under consideration is an appropriation of $1,500000 for the construction of levees on the Arkansas and Mississippi rivers to protect the low lands bordering upon those streams. Since the question has arisen this note has been sent to me, which I “ will read: The bi crevasseswerccutby tho rebels themselves and would not be there had they not eut them. They fighpm. a: they assarted to drown out the Yan I suppose that is true.
Mr. JOHNSON. Will the honorable member tell us whom that note is from?
Mr. TRUMBULL. No, sir; I do not propose to tell that. I do not suppose the fact would be any different by stating the name of the party.
Mr. JOHNSON. But whether the party knew the fact would depend very much on the character of the writer.
Mr. TRUMBULL. I have understood from other sources that to be the fact. I have no doubt that our Army also was instrumental in destroying some of the levees.
Mr. TRUMBULL. The rebels themselves destroyed the levees also to some extent. It was done, I suppose, by both armies, and I suppose that the parties to be benefited by this appropriation were as instrumental as any men in the nation in bringing on this war and in causing all this trouble, and that they are as well able to bear the losses they have suffered by the war as any other portion of the community.
The PRESIDENT protempore. The yeas&nays have already been ordered.
Mr. IENDRICKS. When this proposition was 1st presented by the special committee it was not very clear to my mind that we could make such an appropriation of the public money; but, sir, I believe that to some extent my judgment has been influenced by what I regard as a public necessity, and the further consideration that 63 years ago this country was acquired uring the Administration of Thomas Jeffersou, without any very clear authority to be found in the Constitution, and the most ardent supporters of that administration were not able to see where the power lay to acquire the Louisiana country. Now, an, by a series of terrible misfortunes that country is almost lost, and it is very clear to us by the evidence, independent of that which the able committee has presented to the Senate, that the people of that locality are not able to recover t iat country themselves; and the question is, ‘shsll the Congress of the U.S. in 1866 make a small appropriation to recover a large and very important portion of the country which was purchased in 1808? If I do err on this question at all, it shall be in favor of what I regard as one of the most important measures before Congress, and I will say to the Senfrom Illinois that this is not fencing the farms alone of the people of the South; it is helping to fence the farms of the men in Indiana and in Illinois. As soon as the waters of these great rivers are shut off from the lands, and the people upon the rich borders have restored them again to a condition of productiveness, we shall find and our constituents will find in that remarkably rich country their old and very profitable market, and every farmer in Indiana and Illinois that raises a bushel of corn is interested in having a: market along the shores of the Mississippi river.
Mr. TRUMBULL. The Senfrom Indiana will allow me to inquire where he finds the constitutional authority to improve the lands of individuals on the lower Mississipi for the purpose of making a market for the corn that his constituents and mine raise.
Mr. HENDRICKS. I was not discussing the question whether Congress can fence farms. l but is not exactly the question. The question 1 is whether. Congress can aid to reclaim a coun‘, try which the Government bought in 1803, without the express letter of the Constitution l authorizing it. This is to reclaim a whole section of the country and to restrain the Missis sippi river within its natural limits. That river is under the control of the Government for almost every purpose. It is a great channel of commerce; it is the nation’s river; it does not belong to Louisiana; it does not belong to Mississippi; it is the river of all the States; and when it has broken beyond its bounds, why may we not restrain it by some little aid which the Government. of the U.S. may give to the pen lc along the border? But Fwas saying, when the Senator interrupted me, that there is no portion of the country more interested in this particular measure than the region of country that he and l represent. Let us have again that country restored to a condition of productiveness that our people the meu of Indiana and of Illinois may find there the market that they did before these dreadful crevasses destroyed that country. As I said, if I do err upon the uostion of the Constitution, I err in following the example that was set to us in the purchase of that country and I will err on the side of a very important measure, as I understand it.
Mr. TRUMBULL. The only constitutional authority which the Senfrom Indiana seems to find for this appropriation is in the fact that we acquired the ouisiana country withoutuny express authority in the Constitution. Now, I suppose if the Government had had authority in the Constitution to purchase Louisiana, then, according to that argument, there would have been no constitutional authority to make this appropriation I But inasmuch as we bought the country without constitutional authority, therefore we have constitutional authority to upprOpriate money, now that it belongs to individuals, for the purpose of improving their farms; and the Senator calls that improving the Mississippi river. He says that we are all interested in the Mississippi river. True we are, but these levees are not constructed for the purpose ofimproving the Mississippi river; they are constructed for the purpose of protecting the alluvial lands upon the Mississiippri bottom. That is the object. I know it is said incidentally that will be the effect; and I believe the Senfrom NewHampshire [Mr. CLARK] in his imagination conceived that it was possible that the building of these levees some 500 or1,000 miles from the mouth of the mississippi might confine the waters so as to assist in swceing out the bar at the mouth
Mr. LARK. I cannot permit the Senator to state that it was my imagination. It is the report of the engineer, GenlHumplircyS.R
Mr.THUMB LL. The report of the engi neer supposing that levees upon the Arkansas river, for I believe this appropriation is partly to build lcvecs upon the Arkansas
Mr. TRUMBULL. Well, in the State of Arkansas.
Mr. CLARK. Part of the State of Arkansas, on the Mississippi river.
Mr. TRUMBULL. The engineer seems to suppose that the buildin of levees up in the State of Arkansas would help to improve the navigation of the mouth of the Mississippi some 1,000 miles distantl It is possible.
Mr. CLARK. Yes, Mr. President, very possible, quite likely, exactly so, because the lississippi requires a greatvolume of water to run in a current to carry forward the mud, &c., that comes down under the water, to prevent its being deposited at the mouth of the river and entirely obstructing navigation. If the river is once suffered to esca out into the swam s, the current is diminishedin the chan nel o the river and it is not carried out into the Gulf.
Mr. TRUMBULL. I presume that we all know that a rapid current would have a tend ency to carry off the deposits better than a slow one, but I do not suppose that a rapid current coming down the mountain sides 4,000 miles from the Gulf of Mexico would have much to do with the flow of water at its mouth; nor do I suppose that the re idity of the current1,000 miles up in rkausas would have anything to do with the rapidi of the current at the month of the Mississappi river.
Mr. HENDRICKS. Will the Senator allow me to interrupt him one moment? I believe the Senator was able to find the authority in the Constitution somewhere for the appropriation of $7,000,000 to feed a portion of the people of that country and to build them school houses and asylums in the States upon the ground that they were in a destitute condition. Now, Iask him if it is not quite as clearly within the Constitution to take the control of and restrain the great river of the West, and thereby restore a large farming country that these colored people and the refugees may find a place upon which to expend their labor profitably to them and profitably to the coun1
Mr. GUTHRIE. Iain a good deal astonished at the argument of the Senfrom lllinois. He found no difficulty in voting for the ship canal around the falls of Niagara, because it would enable vessels to reach the north end ofIllinois and would benefit that State. There is as little in the Constitution to justify that work as there is to justify the redeemin the alluvial lands of the Mississippi where we have derived such immense amounts of cotton and sugar in the support of the commerce and trade of the U.S. Indeed, it seems to me that all the venom and all the malignity that have been engendered in this war have found their resting place within the bosom of that gentleman, an he cannot speak without abusing these cople, now citizens of the U.S., andlonce in rebellion. He can see nothing good there in any legislation except to tax that people withOut representation.
Mr. DOOLITTLE. Mr. President, if I understand this case, the U.S. found certain embankment s on the shores of the Mississippi river and they cut “holes in those embankments and let the waters run through; and the question is, has the U.S. the powerto fill it the crevasses which they made?
Mr.DOOLITTLE. Our Government cut mo holes than this $1,500,000 will stop up.
Mr. TRUMBULL. Mr. President, I understand, and if the Senfrom Wisconsin had read the history of the country, he must know, that the rebels cut holes in those levees.
Mr. TRUMBULL. Then why charge that the U.S. did it?
Mr. CLARK. Our troops did do it. The engineers and officers all say they did it.
Mr. TRUMBULL. They may have done it, too; but how came they to do it, let me ask the Senfrom NewHampshire. They did it to put down the rebels, who did it themselves, did they not? They did it justly; they did it properly; and because these men fighting the Government themselves cut the levees and made it necessary for the U.S. to cut them, now you propose to rebuild them and tax your constituents to do it; and the Senfrom Kentucky can see nothing but malignity in a refusal to do it.
Mr. GUTI IRIE. Not exactly, Mr. President. All the malignivy I think is engendered and restinv in the gentleman’s bosom.
Mr. WILSON. Mr. President I shall vote for this proposition, although I believe the sum proposedis utterly inadegnate to accomplish the purpose intended. believe it will cost several million dollars to do the needed work on the Mississippi river; and [should be willing, as we have imposed a large tax upon cotton, that in the States of Arkansas, Mississippi, and Louisiana, accrtain amount received from that taxation should go to improve that river and to secure the lands bordering upon it. The Government of the U.S. immediately after the close of the war thought it so important to do something on this river that General Hum hreys was sent down the river, and the arme forces of the U.S. were employed for some time in this work. For my sel, I propose simply to act in regard to this river, that portion of it in the late rebel States, as I would were that portion of it in any other section of the country. It is not for us here to act in any other light than to comprehend the entire country, and deal with every section of the country alike. I go as far as any man in requiring all needed guarantees in the government of this country before the readmission of the representatives of the rebel States iiito these Chambers, but while I do that, I believe it to be our duty in all our legislntion so to legislate as to improve and develop that section of the country as well as all other sections of the countrg]. It has suffered greatly by this rebellion the fault was theirs, and the punishment is theirs; butthe war is over; the rebellion is crushed; the Government has complete control over every part of the country. I would not permit their late action in any way to influence our legislation here. I believe the good of the country requires that this measure should ass, and I sha vote for it cheerfully.
Mr. SHERMAN. But these levees are on the east side of the river.
Mr. HENDERSON. No, sir; they are in tended to protect the sugar country on the west sigle as well as the cotton country on the east 81 e.
Mr. CLARK. Certainly it provides for both.
Mr. SHERMAN. I understood from the Senfrom NewHampshire that it was to protect the Yazoo land.
Mr. HOWARD. I intend to vote for this amendment. I think it a necessary appropriation and that the country will in the end c more than compensated for the amount which we are about to appropriate. I shall not vote for the measure simply because if enacted it will have the effect to drain the farms and plantations of proprietors along the banks 0? the river. If that were the sole object of the amendment, and it had no other effect, I do not see how under the Constitution I could vote an appropriation of money for that purpose. I shall vote for the appropriation or the same reason that has in ace me and will continue to induce me to vote for the construction of a ship canal around the falls of Niagara; the same reason which has induced me and others to make appropriations to improve harbors upon the lakes and on the sea coast, and to vote for every other measure the object of which is to protect commerce in the U.S. I vote for it, in other words, under the commercial power. The Mississippi river is one of the great channels of commerce through the U.S. It bears upon its bosom the wealth of the North and t ie South, the East and West. It has been regarded and treated by the SCOTUS as being subJect to the admiralty law far up from its mouth into the interior of the country a principle which was long and most strenuously resisted by the bar as well as the bench.
Mr. CLARK. If the Senator will permit me, I will call the attention to 2 appropriations that have been made to the Mississi i river, one in 1850 on an appropriation bil), on the omnibus bill, “for the topographical and by drographical survey of the delta oflthe Missis sippi, with such investigations as may lead to determine the most practicable plan for secur in it from inundation.”Mr. HOWARD. That is a very strong precedent.
Mr. CLARK. And then in 1852, $50,000 more for the same purpose.
Mr. TRUMBULL. I think we had better come to a vote at once. If there is going to be such a profit as that to the nation, let the Senate vote it.
Mr. BUCKALEW. Mr. President, I shall vote for this appropriation upon the ground that it is made to repair war damages. Our troops and forces went into the country in question and cut the banks and produced extensive damage. We have reliable estimates that it will require some 4 or 5 million dollars for the purpose of re.airing these levees which have been injured. low, it seems to me that a contribution by the Government of the U.S. of ii. million and ahalf will be a very reasonable contribution to this general object, in view of the fact that our Govcriimentin conducting its military operations is partly responsible for the result which has happened. at I desire to be distinctly understood that I do not by this vote assent to the proposition that in future times imrove ments of this character on the Mississippi river shall be charged upon the national 'l Treasury. I consider this as a measure temporary in its nature, growing out of or following upon the war; and that in making this appropriation we donothing more than contribute a reasonable sum from the Treasury repairing the injury which we caused in carrying on our ubic purposes and objects in the late war. lUpon this distinct ground, at least, I desire to place my vote.
Mr. CLARK. I hope Senators now will let us come to a vote upon the matter if agree able to them.
Mr. BROWN. Before the vote is taken I desire to say that I should vote against this measure ifl were at liberty to do so but I am paired with the Senfrom Iowa, [ltln KIRK woon.]
Mr. GRIMES. On this subject I am paired with the Senfrom Maine now absent, [Mr. MORRHJh] I am against the appropriation, and he is for it. The question being taken by yeas&nays, resulted ycas 28, nays 7; l3. So
Mr. GRIMES. Before my colleague left the Chamber, from whieh he was necessarily called away, he left With me an amendment which he desired me to offer to the amendment of the Senfrom Alessachusetts. It is to insert in t“he 2nd section, 5th line. after the words U.S., ” the words, “or by any State, county, city, town, or other municipal organization, or by any voluntary association, or by any person;” so as to read: In calculating the amount of bounty due and to baectp, aid to eachsoldier under the provisionsof this deductions shall bemade for any and all pay mentsof bounty madeor agreedto be made by the U.S., or by any State, county, city, town, or other municipal organization, or by iiny voluntary association, or.y any person.so that in no caseivill anysoldierreceiveii greatersumin bounty than eight and 1/3rd dollars tor each and any month of SCIWICO
Mr. LANE. Will the Senfrom Ohio allow me to interrupt him for one moment?
Mr. LANE. I understand the Senator, then to be in favor of the bounty bill which passed the House, which is the amendment of the Senfrom Iowa. If we can compromise on that I shall be willing, if I can get noth in more, to take that.
Mr. GRIMES. I desire simply to say that I did not offer this amendment in the interest of Iowa soldiers.
Mr. EDMUNDS. I only spoke of Iowa as an illustration.
Mr. GRIMES. I am very happy to be able to say that I am a citizen of a State that was not compelled to pay 7 dollars a month additional to each one of its soldiers to induce thr ni to go into the Army. The entire amount of viublic indebtedness created h my Statennr let me remark that when the ast draft was proposed there was a surplus of 3 years’ men from the State of Iowa of 12,080 the entire public indebtedness cre ated by my State to sen79,000 men to the field was only $500,000. I had no allusion to the State of Vermont. The remarks of the Senator as to the abilit of the State of Iowa to protect her own soldiers, or any disposition on the part of that State to legislate specially for herinterests and against the interests of ormont were hardly called for. in. nonusbs. I beg the Senfrom Iowa not to suppOSe that i had any personal reference to that particular State. Idid not know but what Iowa paid her soldiers 20 dollars a month; she is rich enough to do it; but what I intended was to show the inequality of the proposition, not to apply to that particular State any scheme whatever.
Mr. HENDRICKS. Mr. President, pond in the war I felt it to be m duty to fhvor the po icy of filling up the Army y the inducement of large bounties rather than the enactment of conscription laws. Having done that, I now feel it to be my duty to equalize the bounties as nearly as may be possible. Upon the particulur amendment proposed by the Senfrom Iowa I have just this to say: lcannot vote for it, for I think it is not a proposition to equalize bounties. He proposes to set off against one class of the soldiers the bounties that were given to them by the local authorities. I suggest to him that the soldiers who enlisted during the last 2 years of the war and who received $300 and $400 bounty from the General Government, received also quite as large local bounties as those who enlisted in the 1st and 2nd years of the war, and who received but $100 bounty. Indeed, to the extent of my observation, I ain satisfied that the local bounties received by the soldiers during the last year or 2 years of the war were larger than the local bounties received during the earlier part of the war. Is it right, then, to set 00', in the adjustment of the bounties and in equalizing them, the local bounties which were less the 1st and 2nd years of the war than they were during the latter part of it? In other words, the soldiers who received large bounties from the Government received lar bounties also from the local authorities; an I think the proposition is not one tending to equalize them.
Mr. CONNESS. We had better have the yeas&nays on that question. The yeas&nays were ordered; and being taken, resulted yeas 21, nays 18; 9. So the amendment to the amendment was lugreed to.
Mr. GRIMES. I move to add to the 8th section of the amendment: Surgeons' and paymasters' stewards shall be includedwithin the provisionsof this section, and shall be entitled to thesamebounty asseamen. The amendment to The amendment was agreed to.
Mr. CONNESS. The impropriety of offering such a bill as this in this. ape as an amendment is apparent from the fact that we have not copies of it before us. Now, I discover by an examination of the 1st section of it, thatin all probability its terms would not apply to a singIe voluntecrthat enlisted in my State urin the war. The class of volunteers who enliste there into the service of the U.S and fought the Indians for more than a year are all excluded by the language of the 1st $301); When they perfornghld that service. they supplied the place of the regular troops of the U.S., or allowed the regular troops of. the U.S. to go into the field, or to go to the East; and yet, sir, we have nota copy of the bill before us by which we can propose amendments.
Mr. CONNESS. This is not the manner or 1%? which to present such a measure, in my ] ment.
Mr. SHERMAN. I desire to offer an amendment. I will state, before donig so, that l have had one prepared for the bill itselfas an independent ill, which I will read: That nothing containedin this act relating to bounties to soldiers sailors and marines shall authorize any increase of the national debt of the U.S.; hurrall expenditures of iine ney rendered necessary by thenrorisions in this act lor their benefit shall be dornalywnfromthe recvipts of the internal 1:0'Clll]0.‘llll(l us they excluded the current expenditures ot the (fogfimmentand the appropriationl for the Public c Either that amendment ortbis one willhave to be adopted in order to provide this immense sum: Abife: That to enablethe SecyTreasury to pay the sumsherein appropped for thopn mentof bountiesto soldiers, he why is authoriain to borrow upon the credit oi the U.S.usuiu sufficient tor that nrppsc; and heis authorizedto issue thereforany t csoription of bonds authorisedby the not approvedApril 12.1866. mm Tariff fidmendment 23‘ ift'liil approvzd Mardh 3. 1865." PM, I do not. know that it is necessary for me to offer either of these amendments now. I can ofier them at some other time, and Iwill with hold them until the final vote is taken on the amendment.
Mr. EDMUNDS. I should like to inquire.the chairman of the Military Committee, I. proposes this amendment, why it. is, if he proposes to equalize ou the basis of 8 dollars and 1/3rd permonth, that he prohibits anybod from. receivipg any bounty under it who dillnot at least serve twoyears.
Mr. CONNESS. In that connection I will also submit a question to be answered.
Mr. EDM U). DS. Let him answer this 1st.
Mr. CONNESS. He may answer both at' the same time, and thus save time. What is the reason for this proviso in the 1st section? That troops known ashomeguards or other vol unleer troops organized for local servico.which are now OXI'llHed from bounties by the rulings of the War Dept or under the terms of their enlist ment shall not pnrticipate in the bountiesprovided by this act or any part hereof. I. should like to know why the Senator d9 sires to make the rulings of the War Dept. which may be very unjust indeed, law by declaring them alaiv in this act. Under one of these rulings the tree)8that I have already spoken of have been excluded.
Mr. NYE. I should like to inquire at the same time of the chairman what he understands b'y the term “ organized for local service."
Mr. WILSON. I will answer the Senators. During the war there were small bodies of men raised for local purposes, and in some cases they were called “ homeguards.” I believe we had one or 2 companies raised in Massachusetts of that kind, who were sent into the her bors and scattered up and down the country. There were small collections of men of that kind. I think this proviso will exclude but a very few men.
Mr. CONNESS. Then the exclusion had better not be made if it. excludes but a few 111013.' v " }
Mr. I think it will exclude but. very few. indeed.
Mr. CONNESS. Then I will submit an amendment to the amendment in that regard.
Mr. WILSON. We have by legislation authorized the payment of bounty to the men who were raised in Missouri as home guards and who went into the service of the U.S., and we have also authorized it to he paid to the 3 Indifl regiments that were raised. I do not think this proviso will cover a great number I. Huh
Mr. CONNESS. Then I submit an amendment to the amendment to strike out. the proviso to the 1st section.
Mr. NYE. If the Senfrom California will allow me, I wish to make one more inquiry of the chairman of the ComMilAffrs. I should like to know whether the troops raised in the Territor of Nevada we raised between 1,000 and 1100 who were ordered to Fort Bridger, in Utah, come within this provision.
The PRESIDING OFF CER. The Senfrom California proposes to amend the amendment by striking out the proviso to the 1st section, which will be read.
The Secretary read it, as follows: Provided. That troops known ashome guards, or other volunteer troops organized for local service. which arenowexcludedfrom bountiesby therulings of the War Dept or under the terms of their enlistment shall not participatein the bountiespro ' ltlflby this actor any part thereof; but this exclusion shall not apply to those voluntarily legalizedas musteredinto the 3 cars’ serviceof the U.S. meseutnger an act Inn in an appropriation for the defenses of asliington, and for other purposes.approvedFebruary 13.1862. the amendment was agreed to.
Mr. SHERMAN. I will state to the Senfrom California that if that proviso is stricken out the vote will extend the bounty to all the Ohio men, all the Indiana men, all the Morgan men, of ltentuck, and I do not know how many 100s o 1000s more.
Mr. CONNESS. Did they not do good service
Mr. SHERMAN. I know; but they ought not to get bounties. If that proviso is stricken out, it will take millions upon millions.
Mr. CONNESS. The Senator and myself are looking at this from different stand oints now. The Senator naturally enough desires to save money to the Treasury. I do not wonder at that. This professes to be an equalization of bounties. ow, if troops went into that service, and they took all the risks of war, and all the dangers of war, and a very disagreeable service, I know of no reason why they are not entitled to the bounty. The Senator will observe that under this provisn a great many are excluded. I move to strike it out because I do notknow how to separate them. It is brought in here at this time without time to examine it closely. The chairman of the ComMilAffnirs has informed us that this will exclude but a comparutively few. men; because, it will be notice, in the latter part of the clause it is provided that this exclusion shall not apply to those volunteers legalized under a certain act, so that its application is not as wide as it might seem to be.
Mr. SUMNER. If the Senator will give way I will move an adjournment. H“ Oh, no."]
Mr. CONNESS. I do not. t iink the Senate will agree with the Senator if he moves an adjournment.
Mr. SUMNER. I move that the Senate do now adjourn. M
Mr. SHERMAN. Ihope we shall get through with this bill.
Mr. SHERMAN. I am opposed to adjourn in. I want to get through with the bill. The motion was not agreed to; there being, on a division a cs 14' noes 17. in. WILLIA IS. I think the amendment proosed by the Senfrom Massachusetts oug t not to be adopted until it has more consideration; and the suggestion I make is an air ument against attempting to place a piece of cgislation involving so much as this does upon an appropriation bil asan amendment. Now, sir, am not preared to say that I will or will not vote for a bilIequalizing the bounties as an independent propositionZ butI thinkit is clearly improper to attach to tins appropriation bill a proposition of this magnitu e, one that needs careful consideration in every respect; and a feature of the bill presents itself here which shows that it has not been procrly matured and considered. In the State which I have the honorto represent there were, during the war, 3 regiments of volunteers raised. they were engaged in the service of the U.S.; they were engagedin campaigns against. the Indians of the frontier; they were subjected to hard and perilous service; many of them lost their lives; many of them have been disabled.
Mr. WILSON. How long were they in the service?
Mr. WILLIAMS. I do not remember how long they were in the service, but. they were raised for 3 years’ service. They were raised for local service. They were raised for the purpose of protecting the frontier and suppressing Indian hostilities. They were not raised or the purpose of takin art in the suppression of the rebellion. "his 1st section providesThat to each and everysoldier who served in the raermbeiellisoonf, the U.S.s in the Into war of the without distinction of color or race and who has been or who may be hereafter honorably discharged therefrom.there shall be paid. exceptas hers materspecified.eight and 1/3rd dollars perine ntb for eachand everymonthof servicerendered. And then thereis a proviso which excludesTroops known as home guards or other volunteertroopsorganizedfor local service. I suppose that clause would embrace the troops that were raised in the State of Oregon.
Mr. NESMITH. It would embrace all the troops raised on the Pacific coast.
Mr. WILLIAMS. They would all be excluded by that expression in this section. It seems to me that a measure framed so as to have that elfect is one that will work great in justice, and so far as I am concerned I do not eel at liberty to consent to any such proposition.
Mr. DAVIS. I think, sir, that a bill of some sort to equalize bounties ought to pass, but it is a most. extensive, complicated and difficult subject. It certainly, I think, in its importance and complexity requires due consideration in a separate measure. Therefore. although I am in favor of a judicious and just bill to equalize the bounties to our soldiers, I am utter y opposed to attaching this subject to the appropriation bill now under consideration. I sha I vote for the best amendments that are offered to the proposition, and ultimately I shall vote against attaching the subject of the equalization of bounties to this bill.
Mr. HENDERSON. The Senfrom California will not accomlish anything that he thinks he will accomplish by striking out this proviso. I am satisfied that under the ruling of the War Dept he will accom plish nothing, and I have had some experience on that subject.
Mr. CONNESS. Then I will withdraw my amendment, and let.us come to a vote on the main question.
Mr. SHERMAN. The better way is to vote down the original amendment.
Mr. CONLESS. I do not know why the chairman of the ComMilAlfairs introduced here the words “ without distinction of color or race;" for, in the 1st place, he says that “to each and every soldier who served in the armies of the U.S." the bounty shall be paid. After using those general words, why introduce the words “ without distinction of color or race 'I” Is the black man not asoldier, because ofhis “color?” Why introduce these words “without distinction of color or race" into everything? How long is it to be continued? I expect if I live for 75 years to come to have “color or race” ruu ning throu h, not my recollections and memories incre, but through my every day life.
Mr. CHANDLER. I move that the Senate do now adjourn. Several SENATORS. Oh, no; let us vote.
Skip Skip The question being put, the motion was not agreed to; there being, on a division ayes 17, noes 20.
Mr. HENDERSON. I desire to offer an amendment to come in at the end of the 1st section of the proposition of the Senfrom Massachusetts.
Mr. BROWN. I so gest whether it would not be better to take tesense of the Senate on the amendment as it stands; we can perfect it afterward when the bill comes into the Sea ate, if it shall be ado ted'.
Mr. HENDERSON. Very well; I withdraw my proposition. the pRESIDING OFFICER. The question is on the amendment proposed by the Senfrom Massachusetts from the ComMilAffr.
Mr. EDMUNDS. I now repeat the question which I had the honor to submit to the honorable chairman of the Committee on Mil tary AHairs a few moments ago, and to which I have not yet received an answer. I want to know why it is that this amendment of his appears to provide a, ainst allowing a bounty of eightand 1/3rd ollars a month, or any other sum, to soldiers unless they served at least 2 years, or if the language of the 13th line of the 2nd section is to be construed liter ally, why it is that he prohibits an soldier who has served more than 2 years from having any bounty at all. Herein the list of prohibitions, in the description of those who are prohibited from haying any bounty, I find this anguage: And no bounty whatever shall be paid to any soldier who has desertedfrom the serum, nor to any soldier who was a captured prisoner of war at the dtiimscehaorfgeendlistment, or to any soldier who has been at his own request, unlessfor transfer to the Navy, or for the iurposcof acceptingpromotion or appointmentin the Army or Nov or after 2 years’ service, or who has been disciarged at the requestof parents, guardiiiris, or other persons or on the ground of minority. It is open to a little doubt upon the face of it whether that language, properly construed, menus that no soldier who served less than 2 years shall have anything, or whether it means, as it literally reads, that no soldier who served more than 2 years shall have anything. I should be glad to be informed. 1st, what that means, and 2nd, why it is inserted at all.
Mr. WILSON. The Senator will find that every month of service, if it be but one month, is paid for by this provision, 8 dollars and 1/3rd atmonth. The clause to which he refers is the clause containing exceptions, and it is “and no bount whatsoever shall be paid to any soldier who as deserted ” if the soldier has deserted he cannot receive any part of this bounty “nor to any soldier who was a captured prisoner of war" that is, a rebel who entered into our service “nor to any soldier who has been discharged at his own request, unless for transfer to the Navy or for the purpose of accepting promotion or appointment in the Army or Navy or after 2 years’ service." That is the meaning of that provision.
Mr. COWAN. If Iunderstand the position of the Senfrom Massachusetts, heis speaking now of the original measure and not of this proposition as it has been amended by the amendment of the Senfrom Iowa.
Mr. COWAN. That contemplates, if I understand the Senator, merely to adjust the equities between the U.S and the soldier, without going further.
Mr. COWAN. Then I would ask how the honorable Senator distinguishes between the States and the municipal communities and the U.S. Are they not all one and the same? And if the equities are to be adj usted at all, does it not follow as a matter of necessity that on must include all these various parts oft e Generalwhole? Would it be fair to simply ta c the e uities between the U.S and the sol acre and throw out the others?
Mr. WILSON. So far as the Federal government and the soldier are concerned, I think it would be fair; but allow me to say to the Senator that the difficulty of taking into account the local bounties is so great that I do not believe we can take them into account. Now I wish to say another word. The men who have a claim in equity for the equalization of bounties are the men who enlisted from April, 1861, to the 17th of October, 1863, during the 1st 2 years and a half of the war. They enlisted for $100 bounty for 3 years’ service. They are the only men, I think, who have any claim in equity upon us, because all enlisted after October 17, 1863, with perhaps a very few exceptions, received the large bounty of $300 from the Government, or $400 if they were veterans, and they received also large local bounties. Now, I will read a provision that I should prefer to an thin which has been presented, and which, thin, will reach the case fully as far as the Federal Governmentis concerned: That to each and every soldier who enlisted into the serviceof the U.S.for a period not less than 2 yearsduring the Wnrmnd who has received or is entitled to receive $100 bounty and no more thereshall bepaid an additional bounty of $100 an any soldierwho has been dischargedon account of wounds receivedin battle, and the widow or heirs of any soldier who hasdied in the serviceof the U.S., shall be paid the bounty hereby provided the same as though such soldier hadserved the full term of enlistment. That would give to every soldier who enlisted for $100 bounty for 3 years and who got that bounty, who complied with the law and the rules and regulations and got his $100, an additional $100. It is clear and well defined. I refer this to the other proposition as it has been amended.
Mr. COWAN. Then the thing should he called by its right name. That is not an equalization of bounties at all; it is an addition to bounties before received, and has no element of equality about it, because men who received the largest bounty would well be entitled to this $100 as those who ceived but $100 from the U.S. This is entirely a different proposition, and one which I think ought to be well considered before it is hurried through the Senate.
Mr. SHERMAN. I suggest to the Senfrom Massachusetts that now the very fact that he is compelled to suggest amendments to his own proposition shows that we are not preared to consider this measure on this bill.
Mr. WILSON. I only read it as approposition. I do not offer it.
Mr. SHERMAN. I suggest. that we had better take a vote on the proposition before us, reject it, and let it come up again for future consideration. It is so late to night that we are all weary.
Mr. EDM UNDS. It is not too late to see that what is necessary and proper should be done. Now, I want to ask the c airman of the ComMilAffrs l assume that he is one of the numerous gentlemen who have had a hand in this pie wh it is that our gal lant soldiers who were taken prisoners and were lau uishing in prisons and lost their health and almost their lives, and came home skeletons; or those who had the malaria in the swamps down here and were discharged on account of sickness and not on account of wounds received in battle, are not provided for.
Mr. WILSON. I will say to the Senator that they got their)ay for the time they served the country, and they got their bounty for the time they served.
Mr. EDMUNDS. So do those who were wounded.
Mr. WILSON. But these men by the ruling of the Government have never had any bounty.
Mr. EDMUNDS. So much the more reason why they should have it now.
Mr. WILSON. Men who retired wounded received bounty, and men who retired for sickness, whether real or pretended, whether a sickness for which they ought to retire, or a sickness growing out of disease before they entered the service, have never received anybounty, and we now propose to give them bounty for the time they served. If they served 2 years they get 2 years’ bounty, but nothing after that.
Mr. WILSON. It is so difficult to tell who retired on account of sickness justly and who not; but there is no difficulty in telling about a wounded man.
Mr. EDMUNDS. Why is it any more difficult in regard to bounty than it is under the pension laws?
Mr. WILSON. At any rate it is so difficult that the Government has never yetallowed any bounty for them, and nobody has ever proposed to give any, and this is the only chance they have to st any bounty at all.
Mr. WILSON. I mean Congress. The Dept have never paid these men anything. n the beginning of the war, for the 1st 6 or 8 or perhaps 12 months of the war, 100s and 1,000s and tens of1000s went out of the service who ought not to have one out and who could not have got out during the last 2 cars. They let almost anybody go out at rst. Now, the question is, are you to give a bounty to those men for a longer time than they served? Will you treat them as you do the wounded men who could not serve you? There are cases, I admit the fact, of men who retired on account of sickness, who ought to have bounty up to the end, but it is so difficult to confine it to those cases that it is an imracticable thing to do.
Mr. GRIMES. I “ suppose the expression, nor to any soldier who was is captured pris oner of war at the time of'enlistment, ” refers to the few regiments raised among the rebel prisoners at RockIsland and Fort Delaware.
The PRESIDING OFFICER. The question is on the amendment proosed by the Senfrom Massachusetts on behalf of the ComMilAffrs,:8 amended.
Mr. LANE called for the yeas&nays, and they were ordered. The Secretary proceeded to call the roll.
Mr. HOWARD, (when his name was called.) On this, question I agreed to pair off with the Senfrom Maine, [Mr. FESSENDEN, who is absent in consequence of ill health. should vote in the affirmative on this question, and he would vote in the negative if he were here.
Mr. MORRILL, (when his name was called} I should vote in favor of the amendment, but have aired off with the Senfrom Maryland, FMr. JonNsos, ] who was obliged toleave the Hall a short time ago. The Secretary concluded the call of the roll.
Mr. HENDRICKS, (who had voted in the affirmative.) I ask permission of the Senate to withdraw my vote. I forgot at the time I voted that I had paired off with the Senfrom Kentucky, [Mr. Gamma] He is against the measure, asan amendment to this bill, and I am for it. No objection being made, leave was granted to withdraw the vote. The result was announced yeas 14, nays 22; 12. So the amendment was rejected.
Mr. HOWARD. I desire to move an amendment.
Mr. CONNESS. If the Senator will give way I will move an adjournment.
Mr. SHERMAN. fhope we shall go on and finish the bill to night. The motion to a journ was agreed to; there being, on a division ayes 22, noes 15; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, July 24, 1866. The House met at 11 o’clock a.m. Prayer by the Chaplain, Rev. C. B. Born res. On motion of Mr. ELIOT the reading of the Journal was dispensed with. PERSONAL EXPLANATION.
Mr. FINCK. I ask unanimous consent of the House to record my vote on the Fenian resolution yesterday.
The SPEAKER. By the rule of the House it cannot be done.
Mr. FINCK. I wish to state, then, that if I had been present I should have voted for both resolutions oTTcred yesterday on that subject. I was unavoidably absent. PORT OF CALAIS, MAINE.
Mr. ELIOT. I am instructed by the ComCommerce to report a bill to authorize the entry and clearance of vessels at the port of Calais.
The SPEAKER. This is in accordance with the leave granted by the House the other day at the request of the chairman of the commit tee, [Mr. WASHBURNE, of Illinois]. The bill was read a 1st and‘ 2nd time. It provides that the SecyTreasury may authorize the collector of customs at the port of Calais, Maine, to enter and clear vessels and perform such other official acts as the SecyTreasury may think advisable. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. WEIGHING OF EXPORTS.
Mr. ELIOT, from the ComCommerce, reported back House bill No. 480, to provide tor and to regulate the weighing of exorts and for other nrposes. The bill was read. t provides that on all I weightable articleson which drawback or return it duty is allowed there shall be levied and collected from the several ports 3 cents per. 100 pounds, to be returned by the weighers. It also abolishes the office of measurer at NewYork, whose duties shall be performed by the weighers. It also regulates the salary o the weighers.
Mr. DAVIS. Do I understand that this bill abolishes the office of inspector?
Mr. ELIOT. Not the inspectors, but the measurers are abolished, because all their duties are transferred to the weighers. The bill was orderengross and read a 3rd time; and being engrossed, it was accordin l read the 3rd time and passed.
Mr. ELIVOT mtRtv the bill was passed; upon the table. agreed to. PACIFIC RAILROAD. On motion of Mr. PRICE, by unanimous consent, the ComPacRailroad was dischargedfrom the further consideration of hill of the Senate No. 20, grantin lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast, and the same was laid upon the table. INSPECTORS OF MERCHANDISE.
Mr. ELIOT, from the ComCommerce, reported back bill of the Senate No. 39, to amend the act in relation to officers employed in the examination of imported mer chandise in the district of NewYork, with sundry amendments. The amendments were agreed to. The bill was then ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. WRECK OF THE SanFranCISCO.
Mr. ELIOT, from the ComCommerce, reported back, with an amendment, JtResolution of the Senate No. 31, mani festing the sense of Congress toward the officers and seamen of the vessels, and others, engaged in the rescue of the officers and soldiers of the Army, the passengers, and the officers and crew of the steamship SanFran isco from perishing with the wreck of that vessel.
Mr. ANCONA. Is this the regular order of business?
The SPEAKER. It is. Leave was granted to the Gentfrom Illinois
Mr. Wasn BURNE] to make these reports, an in consequence of his sickness the cave was transferred to his colleague on the committee, the Gentfrom Massachusetts, Mr. Ebro L]
Mr. ELIOT. I deman the previous question on the amendment, 1st yielding to my colleague on the committee [Ma O’NEiLL] to make a report upon the subject.
Skip Skip The previous question was 2nded and the main cpuestion ordered; and under the operation hereof the amendment. reported by the committee was agreed to. The bill, as amended, was then ordered to a 3rd reading; and it was accordingly read the 3rd time. Mr. ELIOT. I move 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. ELIOT mtRtv the bill was passed; on the table. agreed to. INSPECTORS OF MERCHANDISE AGAIN.
Mr. ELIOT. The House has just passed billor the Senate No. 39. to amend the act relating to officers employed in the (uraniumtion of imported merchandise in the district of NewYork. Since the passage of the bill I have received a note from the SecyTreasury recommending an amendment of the bill. I move, therefore, a reconsideration of these captsins not only risked: the vote by which the bill was passed, in order that I may other the amendment now. By unanimous consent, the votes by which the bill was ordered to a 3rd reading and passed were reoonsidered.
Mr. ELIOT. I move to amend by adding the following section: Abife: That all aids to the revo nne or others perfor nz the dutieslof inspectors bepaid thesomeper icin compensation as inspectors of customs.
Mr. WILSON, of Iowa. I would like to know how much that is, and what change it makes in the law.
Mr. WILSON, of Iowa. What change does it make?
Mr. STEVENS. It is now 5 dollarsn day for one year.
Mr. ELIOT. It continues it now at the same rate. It was to have been put in another bill, but was inadvertently omitted.
Mr. STEVENS. We did prolong the time so for as inspectors are concerned.
Mr. ELIOT mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. W. J. Medoxsm, its Chief Clerk, returned, in pursuance of the request of the House, Senate bill No. 285, granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river, with the House amendments to the some. DANIEL LUCAS.
Mr. TAYLOR, from the ComInvalidPens, reported a bill for the relief of Daniel Lucas; which was read a 1st and 2nd time. The bill was read at length. It directs the SecyInterior to place the name of Danielness, of Plymouth, Massachusetts, formerlyn private in company E, 3rd U.S. infantry, on the rolTof invalid pensions, at the rate to which he may be entitled under the pension laws. The bill was orderengross and read a.3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. TAYLOR mtRtv the bill was passed; on the table. agreed to. confine iii. ro'rr.
Mr. TAYLOR, from the ComInvalid Pensions, reported 0. bill authorizing the SecyInterior to pay Charles M. Pottn pension of 15 dollars permonth; which was read it 1st rind 2nd time. The bill was read at length. It directs the SecyInterior to pay Charles M. Pott, late of company K, 179th Pennsylvania militia, the same pension as is provided for persons having lost one bend in the military service of the U.S. The bill was orderengross and read ii 3rd time; and being engrossed, itwas accordin I read the 3rd time and passed.
Mr. TKTLOH. mtRtv the bill was passed; on the table. The letter motion was agreed to. t corner A. iin.
Mr. TAYLOR, from the ComInvalidPens, reported a bill for the relief of Quine A. May; which was read n, 1st and secontime. The bill was read at length. It directs the SecyInterior to pay to Quincy A. May, company H, 83rd Illinois volunteers, a pension at the rate of 8 dollars permonth min and after the passage of this not. The bill was ordered to he engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd timcand passed.
Mr. TAYLOR. mtRtv the bill was passed; on the table. agreed to. MARION M. HUXTON.
Mr. VANAERNAM, from the ComInvalidPens, reported a bill for the relief of Marion M. Buxton; which was reads. 1st and 2nd time. The bill was rend at length. It directs the SecyInterior to pay to Marion M. Buxton, widow of James H. Buxton, late on. ensign in the U.S. Navy, a pension out of the iioyal pension fund at the rate furnished by law to officers of his rank, the pension to be continued to the mine r children in case of her death or remarrioge. The bill was orderengross and read ii 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed.
Mr. VANAERNAM mtRtv the bill was passed; on the table. agreed to. ORDER or submnss.
Mr. SCHENCK. I must insist upon the regular order. This irregular firing enables some of the committees to etrid of their business. If the House will ago t a resolution to enable all the committees to he called in regular order in the evening as well as the morning sessions, then we can get rid of our business. I send to the Clerk’s desk at resolution on the suh‘ect.
The Clerk read as follows: Resolved, That in addition to the reonlnr call of committees in the morning hourI the call of commit tees for reports shall proceed continuously in the evening sessions of the house, alter the businw new on theSpeaker’s table shall have beendisnond of and until the presenteell of all the committees shall have beenconcluded.
Mr. KASSON. I must object to that unless it contains one other element in it and that is, that each committee shall have the privilege of reportiii but. one measure. Otherwise the bone toft is rule will be confined to 2 or 3 committees, who will take up the balance of the session.
Mr. SCHENCK. I do not think this objection comes with a very good grace from gentlemen whose committees have been already called. There ore committees who have not been called for months, and now their drawers are crowded with reports.
Mr. DRIGGS. this suggested that each committee have half an hour.
The SPEAKER. The Chair will state that, as soon as the special order at the evening session billson the i enker’s table shall be disposed of, there willpbe, in accordance with the previous order of the House, an hour at each evening session for business of the morning our.
Mr. SCHENCK. I ask more than that. I proposethat we shall not only have an hour at teevening session, but that, after business on The SPEAKER’s table shall have been disposed of, the remainder of the evening session shall be devoted to re arts of committees. The SPEAKE. the gGentfrom Iowa [ML Knssox] objects.
Mr. DRIGGS. The gentleman does not object, if each committee be confined to half on our.
Mr. WILSON, of Iowa. If this is to interfere with the regular call of committees, I must object to it; but if it is in addition to the regular call of committees, I have no objection.
The SPEAKER. The Chair will suggest that committees called at the day session, being entitled to an hour, would stand in a much better position. than committees called at the evening session and having but half an hour.
Mr. SCHENCK. Gentlemen will observe that my proposition will not interfere with the present call of the morning hour. The language of the resolution isThat in addition to the regular call of committees; in the morning hour. the call of the committeesfor reports shall proceed continuously in the sessionsof the House after the businessnow on The SPEAKER‘s table shall have been disposedof, until the present call of committees shall have beencompleted. I propose, if gentlemen insist upon it, to add the words “allowin one hour to each commit tee, ” though I thin that when gentlemen have been occupying days with the reports of their committees, it comes with a bad grace for them to insist on this restriction.
Mr. STEVENS. I do not see haw we are to get through with the special orders if we adopt this proosition. The bills which are matured and before the House will all be pushed aside.
Mr. SCHENCK. Not at all. Gentlemen will have the whole of the day session for such business. My resolution applies only to the evening session.
Mr. STEVENS. If the morning hour of the day session be abolished, I will consent to the proposition.
Mr. HARDING, of Kentucky. I call for the regular order. JAMES P. JOHNSON
Mr. WILSON, of Iowa. I call up the mtRtv Senate bill No. 374, an act for the relief of James P. Johnson, was referred to the ComClaims. The bill, which was read, provides that the SecyTreasury be authorized and required to pay to James P. Johnson, of Iowa, the sum of $202 50, in full payment for his services as veterinary surgeon in the 4th Iowa cavalry. The mtR agreed to. The question then recurred, Shall the bill be referre to the ComClaims? which was decided in the negative.
Mr. ANCONA. I desire to reserve my right to make the point of order that this bill must, under the rule, go to the ComWhole on the state of the Union.
Mr. WILSON, of Iowa. Iask the gentleman to hear the report read. When he learns the circumstances of the case, I think he will not object. The report was read.
Mr. ANCONA. I make the point of order that the hill must go to the ComWhole on the state of the Union.
Mr. WILSON, of Iowa. I appeal to the gentleman to withdraw that point of order. The papers upon which the report is based show that this claim is indorsed by the SecyWar, as Well as by the colonel of the regiment and the general commanding the brigade.
Mr. ANCONA. I have no doubt as to the merits of the case. The report satisfies me on that point. But I do not see why this claim should he referred to others of equal merit.
Mr. WI SON, of Iowa. The bill simply proposes to pay a man who performed service in the Army, and who cannot get his pay because of a mere mistake in the voucher.
Mr. ANCONA. I will withdraw the point; and I will see whether other gentlemen appreciate the favor.
Mr. RADFORD. There are 1,000 cases similar to this, and I do not seewhy this should be preferred.
Mr. WILSON of Iowa, demanded the previ ous question.
Mr. WILSON, of Iowa. mtRtv the bill was passed, upon the table. agreed to. RBOBGANIZATION OI TREASURY DEPT.
Mr. MORRILL, from the ComWays&Means, reported a bill, in the nature of a substitute for House bill No. 696, to reor ganize the Treasury Dept, and to fix the pay of its officers; which was ordered to be printed and referred to the ComWhole on the state of the Union. MILLER AND ULRICH.
Mr. MOORHEAD, from the same commit tee, moved that the committee be discharged from the consideration of the memorial of Miller and Ulrick, and thatlthe same be laid upon the table. The motion was agreed to. JAMES POOL.
Mr. JOHNSON. I move to reconsider the vote I) which Senate bill No. 311, for the relief 0 James Pool was referred to the ComWhole House on the Private Calendar. A bill for the payment of this claimant was passed by the Senate in 1861, on the report of Senator WADE, which I new hold in my hand. I was requested to look at the case, and did so and became satisfied it was a just claim and ought to be paid. It failed in the House. The senate again passed iton 1862, and it again failed to pass the House. It has once more passed the Senate, and I think there will be no objcction when the report has been read. The bill directs the SecyInterior to pay to James Pool $1, 287 10 out of any money in the Treasury not.otherwise appropriated, provided that $487 60 of said amount shall be paid out of any annuities or moneys ayable to the senecas or Shawnee Indians, it there be any, and if none, then the whole sum to he paid out of the Treasury of the U.S. That is much less than was provided in the bill of 1861, when, if it were not a just claim, it would not have been passed. I ask the Clerk to read Senator Wann’s report.
Skip Skip The House divided; and there woreayes 30, noes 10; no quorum voting.
The SPEAKER, under the roles, ordered tellers; and appointed
Mr. JOHNSON, and Mr. HARDING of Illinois.
Mr. FARNSWORTH. I make the point of order that the bill makes an appropriation, and must have its 1st consideration in the ComWhole House.
Mr. JOHNSON. I have done my duty. SENATE BILLS REFERRED.
Mr. conKLING mtRtv the business on The SPEAKER‘s table last evening was referred to the several committees; upon the table. agreed to. REIMBURSEMENT OF MASSACHUSETTS.
Mr. DAWES. I call up the mtRtv Senate JtResolution (S.R.No. 121) providing for the auditing of the accounts of the State of Massachusetts for moneys expended duriii the war for coast defense, was referred to the ComMilAffrs. The motion was agreed to. The motion to refer was disagreed to. The JtResolution was read, as follows: That the POTUS he and he in hereby.authorized and requestedto a wink by and With the advice and consent of the ounte. 2 commissionerswho shall examine into the claim and audit the accountsof the state of Massachusetts for moneysexended for coast defenseduring the war and shal make a full and complete report. thereonto Congressat its next session.
Mr. DAWES. I move the following substitute which conforms to the bill prepared by the committee. It strikes out the appointment of commissioners and leaves the SecyWar to do this work: That the SecyWar be authorizedand re gnired to settle with the proper authorities of the LIGHOof Massachusettsfor expensesincurred by that State for coastdefensesduring the war. and to report the amount found to be justly due to said State on said accountto Congressin Decembernext.
Skip Skip The amendment was agreed to. the JtResolution, as amended, was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. DAWES mtRtv the JtResolution was adopted; on the table. agreed to.
Mr. BENJAMIN. I call for the regular order.
The SPEAKER. The morning hour has now commenced, and the 1st business in order is the consideration of the bill reported on Thursday last during the morning hour by the Gentfrom Maryland, [Mr. McCUL LOUGIL] CHESAPEAKE AND POTOXAC CANAL COMPANY. The House accordingly resumed the consid oration of Senate hill 0. 281, to authorize the Chesapeake Bay and Potomac River Tide water Canal Company to enter the DistCol and extend their canal to' the Anacostia river at any point above Benning’a bridge.
Mr. INGERSOLL. Is the gentleman who has cha c of this The bull present?
Mr. INGERSOLL. What is the condition of the bill?
Skip Skip The SPEAKER. The question is on order in it to be read a 3rd time. Mr. INGERSOLL. I demand the pronoun question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to he read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. INGERSOLI. mtRtv the bill was passed; and also on the table. agreed to.
Skip Skip A message from the Senate, by Mr. Fonxsv, its Secretary, announced to the House that the Senate had passed, without amendment, bills and JtResolutions of the House of the following titles: JtResolution (H.R.No. 178) in refer enple to the Dismaf Swamp Canal Company; an An act (H. B. No. 729) to change the port of entry in Puget Sound. The messagefurther informed the House that the Senate had passed the following House bills. with amendments, in which the concurrence of the House was re nested: An act (H.R.o. 609) to constitute Omaha and Nebraska City, in the Territory of NObraska, and StPaul, in Minnesota, ports of delivery; and An not (H.R.No. 728) authorizing the SecyTreasury to issue certificates of registry or enrollment and license to certain vessels. The message further announced that the Senate had passed bills of the following titles, in which the concurrence of the House was requested: An set (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes; An act (S.No.334) to prevent the wearing of sheath knives by American seamen; An act (S.No.399) relative to collection districts in NCarolina; An act (S.No.446) for the relief of R. P. Parrott; An set (S.No.419) repealing an act entitled “An act repealing certain provisions of law concerning seamen on board public and private vessels of the U.S., ” approved June 28, 1864; and An act (S.No.446) for the relief of George W. Fish. DANIEL wzxstow.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back Senate bill No. 149, for the relief of Daniel Winslow, with arecommendation that it do ass. The bill was read. It releases the petitioner from certain judgments obtained against him in the district courts of the U.S., upon fail are to comply with his contract, dated Sep tember 29, 1846, with the chief of the Bureau of Provisions, to deliver at Charlestown, Mas iaclfiusetts, 1800 barrels of Navy ec.
Mr. SPALDING. I would like to know the reason for this.
Mr. WILSON of Iowa. I will state the case briefly. Daniel Winslow in 1&16made a contract for furnishing the U.S. with 8 cen 100 barrels ofbeefat $7 87%per barrel. Soon after the contract was made the Mexican war commenced, and the price of beef rose rapidly to 15 dollars per barrel. Mr. Wins low continued to comp y with his contract until beef reached 12 dollars, and at that time had furnished 350 barrels upon his contract. He then failed and was una Is to complete his contract. The Government subsequently bought the amount of beef at $12 or $12 60 perbarrel, paying $8,061 75 more than the contract price, but not more than the market price of beef. Owing to this failure to comp] with his contract Mr. Winslow has been untIbr a cloud ever since, and has been unable to engage in any business; and to add to his calamity, during the recent fire at Portland, Maine. what ittle property he had was destroyed by that fire. This bill proposes merely to relieve him from his liability under that contract. I will state that this case has been reported on several times in the House and once or twrcc in the Senate. It has been recommended by the U.S. district attorney for the State of Maine at different times, and I believe by the AttyGen, and I certainly I can see no kind of detriment to the Govern ‘ment in the passage of the bill. I demand the previous question.
Mr. SPALDING. This is a special act of bankruptcy; that is all. I have no objection to it.
Skip Skip The previous question was 2nded and the main question ordered. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. WILSON, of Iowa, mtRtv the bill was passed; on the table. agreed to. U.S. DISTRICT COURTS.
Mr. WILSON, of Iowa, also, from the ComJudiciary, reported back, with an amendment, bill of the Senate No. 179, in relation to the district courts of the U.S. in the States of California and Louisi ana.
Mr. SPALDING. I desire to inquire how this bill fixes the salaries of the judges of the district courts.
Mr. WILSON, of Iowa. It affects only the salary of the judge of the district court of the State of Louisiana.
Mr. LEBLOND. What change does it make in the amount of salary?
Mr. WILSON, of Iowa. It changes it from $8, 600 to $4.600, and it abolishes the southern district of California and the western district of Louisiana.
Mr. LEBLOND. I understand that, but why abolish these offices? What necessity is there for it?
Mr. WILSON, oflowa. I will state to the House that there is not business enough in the southern district of the State of California to warrant the continuance of the district court, and consequently it should be abolished. In relation to the district in Louisiana, I will state that a memorial from the bar of Louisiana has been referred to the committee requesting that the 2 districts be consolidated, on the ground that it. will advance the interests of the State and be more convenient for the people. The committee, therefore, recommend the passage of the bill.
Mr. LEBLON D. What is to become of the judge?
Mr. WILSON, of Iowa. We are already rid of him. There is nojudge in either of these districts.
Mr. LEBLOND. Well, if what the gentle man states is the sole object of the bill, have no objection to it. We have had so much legislation for the purpose of getting rid of objectionable incumbents that it struck me that that might be the object of this bill.
Mr. WILSON, of Iowa. There is nothing of that kind in it.
Mr. WARD. What is the reason for increasing the judge’s salary?
Mr. WILSON, of Iowa. That amendment hasbeen adopted, and the reason why the committee reported it was that they were satisfied that the present compensation of the judge of the district courtof Louisiana, the 2 districts being combined, would not be sufficient.
Mr. McItUER. At iresent the business in the southern district 0 California is not very large, but the country is rapidly filling up. The people of southern California have now to travel 3 or 400 miles to reach the court, and if the court for the southern district be abolished, the willbe compelled to travel 100 miles further to SanFrancisco, which is the distance from Monterey, where the court is now held. I trust, therefore, that the amendment so far as it affects California will not be a eed to. It costs some 6 or 7,000 dollars aycar to maintain that court. The southern district of California is being rapidly settled, and the presumption is that the business will increase rather than diminish. Now, if the bill to reorganize the judiciary shall pass, and I understand it is about to be reported, it will increase very materially the business to be transacted. And, therefore, those who are conversant with this subject, think that thisjudge ship should be continued. Therefore I hope that the bill, so far as it relates to the southern district of California, will not be passed.
Mr. WILSON, of Iowa. I will state, in rely to what the Gentfrom California [Mr. licltesn] has said, that the ComJudiciary have investigated the subject of the amount of business transacted in the southern district of California. And we have come to the conclusion that there is not business enough in that district. to occupy the attention of a judge for one month of the entire year. They have always stated to gentlemen who have opposed the abolition of that district, that if they will show to the committee that there is business enough there to warrant the continuance of the district we would recommend an amendment of this bill. No such showing has been made, and no such showing can be made. And therefore I hope this bill will ass.
Mr. HIGBY. I agree with my colleague [Mr. Melissa] that the time may arrive when it will be necessary to have a judicial district in the southern part of California. I recollect that during the 38th Congress the question came up, and information was obtained from the most authentic sources that there was very little business done in this southern district, and that it might as well be abolished as not. Let me state one other fact: Monterey, the place where the southern district court is told, is 100 miles from the city of SanFrancisco. The facilities for travelin there are as good as they are in other parts of the State. gFrom Monterey to the southern part of the State is about 400 miles; and peo ile who have to go from the southern part of the State 400 miles to Mon terey, with the facilities for travel which they have, might as well go the other 100 miles to a court that can attend to all their business as to go to this court which is almost a sine cure. We want the appropriations for California to be given for good and useful purposes. And that is one reason why I favor the position taken by the ComJudiciary.
Mr. WILSON, of Iowa. I now call the previous question on this bill.
Mr. JENCKES. I understand this is a bill to decrease the judicial force of the U.S., when it ought to be increased.
The SPEAKER. Debate is not in order pending the call for the previous question.
Skip Skip The question was taken upon 2nding the call of the previous question; and upon a division, there were ayes 56, noes 30; no quo rum voting. Tellers were ordered; and Mr. WILSON of Iowa, and Mr. Jssexss were appointed. The House again divided; and the tellers reported that there were ayes 64, noes 29. So The previous question was 2nded. The main question was then ordered; and under the operation thereof the bill was read the 3rd time and passed.
Mr. WILSON, of Iowa, mtRtv the bill was passed; upon the table. agreed to. RHDISLAND U.S. COURTS.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back without amendment, and with a recommendation that it do pass, House bill No. 643, to alter the places of holding the circuit courts of the U.S. for the RhdIsland district. The bill was read at length. The 1st section provides that from and after the 1st of July, 1866, the circuit courts for the district of RhdIsland shall commence and be held at the U.S. court room, in the city of Providence, on the 15th of November, and the 16th of June in each year, instead of at the places heretofore established by law; provided, that when either of the days last named shall fall on Sunday, the session of said court then next to be held shall commence on the Mon day next following. The 2nd section provides that all indict ments, informations suits, or actions, and proccedings of every kind, either of a civi or criminal nature, pending in said circuit court on the 1st of July, 1866, shall thereafter have day in court and be proceeded in, heard, tried, and determined on the days and at the place herein appointed for holding said court, in the same manner and with the same effect as if the court had been held as heretofore ordered by law. The 3rd section provides that all writs, suits, cognizaiiccs, and other proceedings, which shall or may be instituted, served, commenced, or begun in said court, shall be returnable at the times and place by this act provided, in the same manner and with the same effect as if the court had been held as heretofore provided by law.
Skip Skip The bill was orderengross and read the 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. COUNTERFEITING PUBLIC SECURITIES, ETE.
Mr. WILSON, of Iowa. The amendment which I am directed by the committee to report is to insert after the words “postage tamps, ” in the 8th line of the 1st section. the words “revenue stamps."
Skip Skip The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. JOHNSON. The 1st section of this bill, if I understand it correctly, provides for punishing, by heavy penalties, any person having in his possession any forged or counterfeit mone without requirin proof of any guilty knowledge. I suggestt at the word “knowingl ” oughtto be inserted. I call for the resing of the 1st section.
The Clerk read the 1st section of the bill.
Mr. JOHNSON. It will be observed that this section provides a penalty for any person who undertakes to pass any forged or counteb feit security, but it requires no proof fixing guilty knowledge upon the party. It seems to me especially importantthat the word “ knowingly’ should be inserted.
Mr. WILSON, of Iowa. I think the gentleman misap rehends the language of the bill.
Mr. JOH YSON. I certainly listened to it with a rent deal of attention.
Mr. ILSON, of Iowa. The 1st section provides for the punishment of those who cir culate counterfeit securities “ with the intent, expectation, or belief, that the same shall or will be passed, altered, published, or used as true and genuine."
Mr. JOHNSON. Every man who disposes of a genuine security expects that,
Mr. JENCKES. I Wish to call the attention of the chairman of the ComJudiciary to a fact which I mentioned to him in the early part of the session, that there is no punishment now rescribed by law for forging registers and other documents of U.S. courts and customhouses; and I ask him whether he will not consent to have inserted in this bill a provision supplying this omission in our laws.
Mr. WILSON, of Iowa. It may be very proper for us to pass a separate bil to meet the difficulty su gested by the Gentfrom RhdIsland, fiMr. JENCKES; but I think we on ht not to deay the passage of this bill in order to prepare an amendment to cover that case.
Mr. ELDRIDGE. I desire to call the at tention of the chairman of the ComJudiciary to that section with reference to having the possession of dies or stamps. I think that the objection suggested by the Gentfrom Pennsylvania certainly applies to that section. The section, I believe, contains no words which require roof of guilt knowledge or intent.
Mr. WILSON, of owa. A die found in possession of a person not entitled to have the same raises a resumption of guilt.
Mr. WILSON. of Iowa. They are to be kept in certain places and the possession of those stamps in any other way t ian that provided by law ought to demand some explanation.
Mr. ELDRIDGE. A person may be put in possession without uilty knowledge.
Mr. WILSON,0 Iowa. He does noteome within the operation of this bill. I wish to say, Mr. Speaker, that this bill has been carefully Brepared by the law officers of the Treasury dept. It was sent to the committee in a draft prepared in the Dept. They have found a good deal of difficulty in enfor cing the law in regard to the securities of the U.S and the subjects connected there with; and they are anxious this bill should be passed to cure the defects in the existing law.
Mr. JENCKES. I ask the gentleman to yield to me to move an amendment in reference to the forgery of records of courts of the U.S.
Mr. WILSON, of Iowa. Iain not prepared to acce t that. I think when we are preparing a pena law it should be done with caution, and I am not prepared to say what will be the elfect of the re osed amendment. The Gentfrom I ho 0 Island has suggested this matter before. Now, let him prepare a bill and present it to us and I have no doubt it will pass if it be all right.
Mr. JENCKES. Let me move the amendment. It is remarkable that the records of our courts can be forged, and there is no power to punish the for ery.
Mr. WILSO., of Iowa. As I have already said, I am not prered at this time to accept the amendment. e ought to examine it and know its effect.
Mr. LEBLOND. Let this bill be recommitted. There is doubt on this side of the House as to the language of one or 2 sections. If the bill does not provide that there shall be a criminal intent, as I understand from the chairman it does not, then that should he provided. Suppose a party is put clandestinely in possession ot a die?
Mr. WILSON, of Iowa. The possession of the die raises the presumption of guilt. In explanation the party may ive in evidence the circumstances, and so relieve himself of guilty intent.
Mr. LEBLOND. The gentleman fails to answer my point. He is to be presumed to be uilty, and yet has not the means to prove his innocence. It wasput there without his knowl edge. In thnt way a bad man could ruin a good man.
Mr. WILSON, of Iowa. This bill in relation to the possession of dies and stamps makes no change whatever in the existing law. I in sist on the demand for the previous uestiou.
Skip Skip The previous question was 2nd s and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly road the 3rd time. Mr. ELDRIDGE demanded the yeas and an s. The yeas&nays were ordered. The question was taken; and it was decided in the aliirmative yeas 89, nays 25, not voting 67; So the bill was passed. During the roll call, Mr. LOAN stated that his collc McCu'iio, was detained from the reason of sickness. The result having been announced as above recorded. Mr. WILSON. of Iowa, mtRtv the bill was passed; on the table. agreed to. HABEASCORPUS.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back House bill No. 775, amendatory of an act to amend an act entitled “An act relating to habeascorpus, and regulatingjudicial proceedings in certain cases, approved May 11, 1866, with a recommendation that it do pass. The bill was read. It provides that when ever in any suit or prosecution which has been or may be commenced in any State court, and which the defendant is authorized to have removed from said court to the circuit court of the U.S., under and by virtue of the provisions of an act relating to habeascorpus and regulating judicial proceedings in certain cases, apprOved March 8, 1863, or by virtue of an act amendatory thereof, approved May 11, 1866, and all the acts necessary for the removal of said cause to the circuit court shall have been performed, and the defendant in any suit shall be in actual custody on process issued by said State court, it shall be the duty of the clerk of the said circuit court of the U.S. to issue a writ of habeascorpus cum causa; and it shall be the duty of the marshal, by virtue of the said writ of habeascorpus, to take the body of the defendant into his custody to be dealt with in said circuit court according to rules of law and the orders of the said court or of any judge thereof in vacation; and he shall file a duplicate co y of said writ of habeascorpus with the cler of the State court in which said suit was commenced, or deliver said duplicate to the clerk of said court, and all attachments made and all bail and other security given in any suit or prosecution which has been or shall be removed from any State court to the circuit court of the U.S. in pursuance of law shall be and continue in like force and effect as if the same suit had proceeded to final judgment and execution in the State court.
Mr. WILSON, of Iowa. This bill is rendered necessary by a defectin the former act, which provides no means for removing the person of a defendant whose cause has been removed from the State court to the jurisdiction of the U.S. courts. I demand the irevious question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. WILSON, of Iowa. I demaudJhe previous question on the passage. The previous question was 2nded and the main question ordered. Mr. TRIMBLE. I demand the yeas&nays on the passage. The yeas&nays were not ordered. Mr. TitlhIBLE. I demand tellers. Tellers were refused. The bill was then passed. Mr. WILSON, of Iowa, moved to reconsider e, Mr. ease by the vote by which the bill was passed; upon the table. agreed to.
The SPEAKER. The morning hour has exired.
Mr. JOHNSON. I call for the regular Order.
The SPEAKER. The regular order is the consideration of the banking bill. DEFICIENCY BILL.
Mr. STEVENS. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. DAVIES in the chair,) and resumed the consideration of the special order, being the bill (H.R.No. 791) to supply deficiencies in the appropriations for the service of the fiscal year ending the 80th of June, 1866, and for other purposes. The pending question was the motion of Mr. DELANO to strike out the following paragraph: buTioldinpga'ys Roy Stone. of Pennsylvania. for certain ownedbyhim in Memphis Tennessee and which weretaken possession of. us. occupied and destro edby and for the benefitof the forces of the U.S.the sum of 812.000: Provided. That it shall 1st be shown to thesatisfaction of the SecyWar that said buildingswereof the value of $12000 and warn the property of said Stone: And prooiilril further. That this sumshall be in full satisfaction for all claims on account of said property against the U.S. On the pending motion Mr. SCOI ‘IELD was entitled to the floor.
Mr. FARNSWORTH. This case was referred to the ComAppropriat, and was examined by that committee, and I believe they were unanimously in favor of the claim. I happen to know something myself of General Stone’s claim, having served with him during the Peninsular campaign in 1862 where I 1st met him. He was then connected with the Pennsylvania“ Bucktail” regiment, which was located very near my own regiment, the 8th Illinois cavalry, at.the extreme right of the army. His regiment and mine received the 1st shock of Stonewall Jackson‘s corps at the commencement of the war. I knew iiim well and intimately, and have known him very well since. He served in the Army very bravely and faithfully until the spring or summer of 1865, when he was mustered out of the service. After the retreat at.Harrison’s Landing, I came up on the same boat with General Stone, be having been wounded in one of the engage ments. He was then placed n on the recruiting service, when he raised a rigade and returned again to the field. No more gallant and meritorious soldier could be found in the army of the Potomac than Roy Stone. I have here an old paper which contains, I think, an allusion to this same officer. I judge so from the remarks made by the Gentfrom Pennsyl vania [Mr. SCOFIELD] in reference to his losses at Memphis and the circumstances connected with his entering the service. It is a NewYork nper published in July, 1861. A MEMBER. What aper‘!
Mr. SCOFIELD. I will now yield a portion of my time to the Gentfrom Ohio, [Mr. Scusxcn.
Mr. SCHENCK. If this were a mere question of sympathy, I should go most heartily with the Gentfrom Pennsylvania [Mr. SCOFIELD] and the Gentfrom Illinois [Mr. Fansswon'rn] in favor of this proposition. Butas this is notsuch a case. I cannot go with them. Now, there is no question but that there is here a most meritorious, and more than that, an interesting case of just and fair claim against the Government on the part of general Stone. But that is not the question now before this ComWhole. The question before us is whether we shall separate the case of General Stone from all other meri torious cases and give to it. the advantage which it has obtained over all other similar claims by being put into this apprOpriation bill, nobody knows how.
Mr. STEVENS. I can tell the gentleman how. It was sent by the House to the ComAppropriat, and they put it in this bill. So the gentleman need not be so anxious about it.
Mr. SCHENCK. I intend to be distinctly understood, and I wish I had the power of invective possessed by the Gentfrom Pennsylvania, [Mr. Sriivrrxsfiif it was necessary to use it at all in treating of this matter. The gentleman says this subject was referred to the ComAppropriat by the House. Now, everybody knows how petitions are referred to committees by the House. And I suppose this was referred by some one under the rule to the Committee on A propriations.
Mr. DELANO. Will my coflhngue allow me to state a fact? This claim was brought before the ComClaims, either form ally or informally; and the party was instructed that the committee could not recommend its payment without a direct violation of the rule established by the House. How the claim was taken away from our committee, and how it reached the Committee on A propriations, is for other gentlemen to say. lpdo not know.
Mr. FARNSWORTH. How long are weto regard the House as being bound by that resolution that claimants shall not come to congress 7
Mr. SCHENCK. Until they repeal it. While this Congress at this session has made that rule, and your committee, as the chairman of the committee tells you, are fairly adhering to that rule, I do not think it proper, finding it has no chance before that committee, to take a case of that character from that committee and send it to a committee to which it does not belong, to get in indirectly that which the House says shall not be done directly.
Mr. KELLEY. The Gentfrom Ohio says if this were a case of sympathy he would vote for it; and his colleague, the chairman of the ComClaims, says it was excluded from their consideration by coming within the rule. I think they are both mistaken. I think it is a claim which, if they had considered the facts, they would have found not to be excluded by the rule of the House. General Stone does not come here and ask compensation for loss caused by not of war by taking down his house in order to have fair range of the enemy. His house was torn down when our troops were in possession of Memphis, and they took the bricks for the purposes they needed. The case of the claimant from Paducah is entirely different. It was clearly in the field of battle. It was a territory about to be foughtfor.
Mr. AVIS. The gentleman does notsay that Paducah was not in possession of our troops.
Mr. KELLEY. Our troops were not in eaceful possession if they ha to remove the uilding near to them for the purpose of have in range of the enem. Vhen I 1st saw general Stone ht was hanging, a mere skeleton on crutches, from his 3rd wound received in our service. He had the larger part of his property within the insurrectionary lines. o had chosen his 'lot. He had become captain of a company which he had raised and boated down to Pittsbur. He had become colonel and then generagl. There he hung upon his crutches, I say, a mere skeleton. ad he not been in the service of the country his claim would have been paid by the quartermaster’s dept or received a certificate. He simply asks to be paid in accordance with the vote this morning in reference to an Iowa soldier, where payment was withheld because he was physically unable from wounds to be present to demand his pay.
Mr. STEVENS moved that the committee rise. The motion was agreed to., So the committee rose; and
The SPEAKER having resumed the chair, Mr. Dawns reported that the had, according to order, had the Union eucral y under consideration, and particularly house bill No. 791, to supply deficiencies in the appropriations for the service of the fiscal year ening June 30, 1866, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. STEVENS. I move when the House resolves itself again into the ComWhole on the state of the Union that general debate be terminated in 5 minutes. The motion was agreed to. DEFICIENCY BILL AGAIN.
Mr. MORRILL. I move proformd to strike out “ 12 ” and insert “one.” This appropriation to pay the claim of Roy Stone is very like some items introduced into an appropriation bill here 2 years ago, containing provisions for the payment of private claims, when the House most emphatically set the seal of its condemnation upon that practice. A question of order was successful y made, and they were ruled out of order. Another member of the ComWays&Means reported the same bill with the same items, or nearly the same, in it, and so indignant was the House at the attempt toingraft on an a proriation bill items that ought to be considere by the ComClaims that they immediatel, at the very 1st opportunity in Committee oft e Whole, struck out the enacting clause of the bill. So much for the practice. Now, in relation to the substance of this appropriation, if we shall once set the example, warn the House that it will take several 100 million dollars to pay off these claims. The Gentfrom Pennsylvania holds, not only that those actually in arms, but the entire South were alien enemies and must acce t the consequences of their position in accoance with the principle which he la s down. Now, if we are to consider losses of nion men, however much our sympathy may be excited, I say that it will be utter y impossible for us to get along with the present arrangement for taxation. We shall1 immediately have to provide means for an increase of revenue if we shall once commence paying off these claims, and I doubt whether, With all our means, we can afford to assume the responsibility of paying the vast sums of damages done by our armies in the South, and for which this would justly be cited as a precedent. I hope, therefore, the motion to strike out will not prevail.
Mr. DAVIS. I move to amend the amend “ment so as to make it “ 3 ” instead of one.” I do so for the purpose of suggesting whether there is any di erence in principle in these cases between the case of a citizen residing in Pennsylvania who is loyal to the government and a citizen of Tennessee or Kentucky who is loyal to the Government. It is proposed to pay
Mr. SCOFIELD. Mr. Chairman, it is never difficult for a pretty able lawyer to find a tol crably good and fair reason for a bad conclusion. I have no doubt that all those gentlemen who have spoken upon this subject have always found in their practice at the bar, when hunting around for an argument, an opportunity to make a middling fair argument which they knew would be likely to bring the jury to a wrong conclusion. The Gentfrom Ohio [Mr. Sennuex] says that this claim on ht to be denied to this wounded soldier hobbing around our Halls here, because injustice has been done to another deserving soldier of the Republic. And with that earnestness he always brings to bear upon even the most trifling subject, he says that over and over again, and tells us of a man in Kentucky that has been wronged, and of a man in Ohio that has been wronged, and thence draws the conclusion that on must wrong a most deserving soldier from Pennsylvania. And the Gentfrom Vermont, [Mr. Momma] whose fairness and candor always take this House captive, comes on with another mid dling fair argument for a wrong conclusion, and his argument is that 2 years ago the committee of which he was then a member, and of which he is now the chairman, attempted to palm off upon this House an item of excase which they had condemned, and that the house rejected it, as it ought to have done, of right; therefore, he argues, you ought to robthis Wounded and suTTering soldier of what be concedes is his due.
Mr. MORRILL. The gentleman should state fairly what I said.
Mr. SCOFIELD. Of course I do not mean to state what the gentleman said in the very language which he used, because he put his argument so plausibly that the House would not crccive its error. But I mean to state the result of his or ument accurately.
Mr. MORRI L. But the gentleman does not state it accurately. The house had not condemned the appro riotions in the bill, not having seen them unti they were reported.
Mr. SCOFIELD. I am ver sure the gentleman said that they came liere and were ruled out, and were put back in another bill in a little different sha c.
Mr. MORRILL. they  were ruled out on their 1st a pearance here; and if the point of order has been made when this bil was 1st reported this appropriation would certainly have been ruled out.
Mr. SCOFIELD. Ihave mentioned 2 of the reasons which have been given. There is another; and that is urged by my friendfrom Ohio, (Mr. DBLANO] wio is always more in genious in this line of debate than either of the gentlemen to whom I have referred. He says that if this claim had come to his committee he would have rejected it on the ground that the House has so instructed him. Now, sir, this resolution instructing the ComClaims provides that the committee “be instructed to reject all claims, referred to them for examination, by citizens of any of the States lately in rebellion." General Stone was a citizen of NewYork. A year or 2 before the war began he came with his patrimony to my Own district. He lived there for a short time, investing his fortune, as I have stated, and sinking it. He was never a citizen of a rebel State. So far as I had anything to do with the presentation of this claim upon the Government, I did not have it referred to the ComClaims, because I had understood from convcrsation with the chairman of that committee that he was giving to this resolution a construction which the House never intended a construction in violation of the very language of the resolution. I had learned from him in conversation that, according to his construction, that resolution cuts off all demands of any citizen of the U.S. for damages sustained or losses incurred in rebel States. Here the hammer fell.].
Mr. DAVIS. I withdgaw my amendment to the amendment.
Mr. DELANO. In Tennessee, not far from Memphis.
Mr. SCOFIELD. She comes under your rule, as she was the citizen of a rebel State.
Mr. DELANO. I do not come here to make a construction of the rule. I am speaking of it in a larger sense than that. It was for that reason I took occasion to say, when the Gentfrom Pennsylvania said there were some gentlemen who could find a good reason fora bad conclusion, he might find its application to somebody else than myself.
Mr. TRIMBLE. I would like to know whether the gentleman has investigated as to the probable amount which will be required to pay all of this class of claims.
Mr. DELANO. I can make an approx: mate estimate, but it is needless to do so. will say to the committee if you settle the rule of paying for property destroyed by the rav ages of war it will include all the destruction by GeneralShermnn, from Chattanoo to Savan nah, and from Savannah home. t will also include the destruction of Atlanta I mean so far as loyal citizens are concerned. Here the hammer fell.]Mr. STEVENS moved that the committee rise. The motion was agreed to. So the committee rose; and
The SPEAKER havin resumed the chair, Mr. Dawns reported that tgheyhad, according to order, had the Union generally under consideration, and articularly House. bill No. 791, to an ply eti ciencies in the nppi o riations fort 0 service of the fiscal year ening the 30th of June, 1806, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. STEVENS moved that all debate in the ComWhole on the state of the Union on the pending paragraph shall terminate in one minute after its consideration shall be resumed. The motion was agreed to. DEFICIENCY BILL AGAIN.
Mr. STEVENS. I mom that the rules be Suspended and that the House resolve itself into the ComWhole on the state of the Union on the sp®ial order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair, { and resumed the consideration of the specia order, being the bill (H.R.No. 701) to supply deficiencies in the appropriations for the service of the fiscal year ending the 30th of June, 1866, and for other purposes.
Mr. DELANO. I wish to suggest that having acted under this rule for 6 months, now at the close of the session and under these circumstances it would be a great act ofinjustice to ourselves as well as to those who have been refused to withdraw it now. The committee divided; and there wereayes 57, noes 27.
Mr. SCOFIELD demanded tellers. Tellers were ordered; and Mr. Scorn 1m and Mr. Dunno were appointed. The committee again divided; and the tellers reported ayes 67, noes 29. So the paragraph was stricken out.
The Clerk read as follows: Public buildings and grounds: To complete the sewerthrough the Botanic Gar den. $15,000.
Mr. CONKLING. lowing: Provided, That the ComrPubBldg shall advertise for 2 weeks for sealedpropos als for the performanceof in chwork, and the furnishing of Innti:l ‘lflls lilit!!‘0li0nr.the 2 newspapers in the city of W/ nshingtonauthorizedto publish the oficial advertisements and at the expiration of such time on a day to be specified in such advertisement, the proosiils shall be opened by the ComrPubBldg in the presenceof the SecyInterior and the work shall bethen let to the person who shall have oTTcredto do the same and urnish the materials at the lowestratesand aggro ate and who shall give proper securityfor the perormanccof his contract; and the ComrPubBldg is herebyrequiredto report to congressat.the commencement of the next sessiona full temerit of the expenditureof the presentand past appropriationstor this work. with the ratesthat have beenpaid for the work and materialsundereach propriation. I presume there will be no objection to the amendment. It is a very ordinary provision, and I am induced tooTTer it because I think it worth while to continue the effort to annexsome sort of guarantees in the disbursement of money in this capital. My recollection is that a 100,000 dollars were originally appropriated and then not 20, but 20 5,000 dollars were appropriated for the purpose. Now, I think that proposals should e advertised for from parties who would be responsible for the doing of the work.
Mr. STEVENS. I suppose it is known to the gentlemen of the House that mechanics have been employed upon this sewer. More was appropriated at 1st than was necessary, but the Secretary now informs the Senate that an additional appropriation is necessary.
Skip Skip The amendment was agreed to. I move to add the fol ap
Mr. STEVENS. Imove to strike out from line 119 to line 121, as follows: For annual repairsof President’s House. $61110fo, r the yearending June 30.1867. We have already appropriated $20,000 for the furnishing of the President's House. I wish to say that when I made some remarks upon this subject at an earlier period of the session I did injustice to one of my constituents, the late POTUS. I then stated that $4,000 had been appropriated to supply a deficiency, which arose during his term, beyond the amount originally appropriated. Since then I have looked into the mat tor, and find that I am in error. I now with draw my amendment.
Mr. O’NEILL. I move to amend by adding after line 131 the following: That the Secrctmx of the Trensi].is herebyan thorized to alter on repair the buding in the city of Philadelphia. belonging to the U.S. known as the Pennsylvania bunk building, so as to render it suitable for the occupancyof the appraisers connectedwith the customsat Philadelphia. and that the sum of 8:20.000 is hereby appropriated for said alterationsand repairs. payableout of any moneyin the Treasury not otherwiseappropriated. The subject of procuring proper accommodations, hMr. Chairman, for the appraisers' dept of the customs in Philadelphia came before the ComCommerce by a petition presented by me some time since, signed by many of the most prominent merchants, citizens, and Government otIicials of that city. The a praisers' offices and store houses are now rente from private individuals, and while they are located at inconvenient distances from the business centers of Philadelphia, this bank building, so admirably situated for the purpose, accessible on all its sides by streets, and having cost the Government a arge sum of money, has remained vacant for years. Ef forts have been made to sell it at public sale several times, at a price fixed by the Governcrnment, but it still is unsold. this subject was referred to me by the ComCommerce, and, after submitting it to the SecyTreasury, I have a communication from him, dated the 18th instant, inclosing the section read by me, and in which he recommends to the ComCommerce that the proposed alterations and repairs should be authorized to be made. I call the attention of my colleague, the chairman of the Committee on appropriations, to the amendment, and send tie letter of the Secretary to the Clerk’s desk, to be read, if desired.
Mr. CONKLING. Imove to insert, after line 131 “to ventilate the hath room of the HoRep, $200.” All the members of the House who resort to this bathroomknow what it requires; but, as there may be some who do not 0 so, I will state that there is no ventilation and no escape for the steam which rises there, making it a most uncomfortable place instead ofaluxury. It maybe necessary to run a tube through the ceilin of one of the committee rooms, but I think that $200 will be a sufficient sum to defray all the necessa expenses.
Skip Skip The question was taken, an The amendment was agreed to.
Mr. RADFORD. I move to amend the bill by striking out, in line 153, the word “ 20, ” so as to make it read, “to enable the SecyState to remove his oliice and contents, $5,000 in addition to the sum heretofore appropriated.” I do not propose to argue tie question at all, we recently appropriated $26,000 for this purpose, and now we have before us an additional appropriation of $25,000. I wouldlike the chairman of the ComAppro priations to inform us why this large amount of money is necessary tor the purpose of securing the safety of some few papers in the State Dept? It seems to me that $5,000 would he more than enough.
Mr. STEVENS. I will only say this: that when the SecyState ibnnd it necessary to move his office, he asked for $50,000. This House, not knowing at the time what arrange ments were proposed, cut the appropriation down to $25,000. We find now that that amount will not answer the purpose, and we have therefore reported this appropriation of $25,000, which Will make the amount what it was originally. If thereis anyone Dept of the governrnent which is economical in the administration of its affairs, it is the Dept of State, and I have no idea that a dollar more than is necessary will be expended of this amount.
Skip Skip The question was taken on the amendment, and it was disagreed to.
Mr. KASSON. I move to amend the bill by striking out in line 155 the words, “ for this sum, or so much thereof as may be necessary, ” and to insert in lieu thereof the words, “to enable the SecyWar;” so that it will read: To enable the Secrctnryof War to make the pay of the personscmployedat any time during the cat fiscal year as temporary clerks in the 01500of the QuarterMGen.oran division thercof. equal to the pay of 1st class clerks, which is hereby allowed.
Mr. KASSON. I move now to strike out the word “ allowed, ” at the end ofthnt section, and to insert in lieu thereof the word “directed.” I also move to add to the section the word. “and such sum as may be necessary for that purpose is hereby appropriated out of any money in the Treasury not otherwise approprinted.”
The Clerk read the 3rd section, as follows: Sac. 3. Abife: That such sumas may be requiredto can lo the Clerk of the HoRepto execute the resolutions of the House of the present session directing the payment of increasedand additional compensationto otficcis. clerks, messengers and othersin the employof the HoRephe and the someis hereby. appropriate out of any money in the Treasury not otherwiseappropriated.
Mr. WRIGHT. I move to amend that section by inserting after the word “ Representatives, in line 5, the words “ including the Capitol police.” I do this because it was the intention of the House in passing the resolution! to allow them additional pay and I wish to make it clear that these gentlemen are included in the increased compensation.
Mr. CONKIiING. I move to strike out the 5th section of this bill, calling attention to the fact that it is evidently improperly put in an appropriation bill. The 5th section was as follows: SEC. 5. Abife:, That the sum of $32,000be and is hereby iippro riated toningMad ison Swcctiier upon condition that thooa‘ ldiBOIl Sweetaershal 1st, by a good and lulBeient d conveyto the U.S. all his right. title. an interestin and to the following‘lands. conveyedby the U.S. to Joseph ichiudvillc. sr and Joseph Richardville. in. by treat at. Sthis ’|. Coteer 6. 1818to wit: the west ha f of section '0. ‘26.the castlinli‘ofsootionNo. 28 and section No. 7! of township tive south.rangefour cast.lying in the county of Auglaize and state of Ohio.
Mr. STEVENS. This is a case involving land which was granted by the U.S., which grantit was afterward found was to some extent informal. Some 2 orthrce years ago a commission was appointed by the Government to examine the whole question and determine the amount to which this
Mr. Sweetzer was entitled. They determined not to disturb those now in possession, but recommend this appropriation to peg Mr. Sweetzer.
Mr. CONKLIN. Is not this the same case which was here during the 37th Congress, and which was referred to the comPrivLandClms?
Mr. Sweetzer, upon the condition that he will relinquish his title and leave these parties in possession of this land.
Mr. RADFORD. At. what time did the Government transfer these lands, and what wnsiderstion did it receive for them?
Mr. LEBLOND. I cannot tell the exact time, but I suppose it was something like 20 ears ago.
Mr. ARNSWORTH. Howmuch did these partiesipn‘y to the GOvernment for this land?
Mr. E BLOND. I suppose the Government have received $2 50 peracre for one of the sections under the alternate section rule.
Mr. FARNSWORTH. Does the Government ever do anything more in such cases than to refund the money to the purchaser?
Mr. LEBLOLD. Let me say to the gentleman that that question was argued in this House when the bill originally passed. Opposition was made to it upon that very ground, but the House settled the question that in this case at least the Government would pay the value of these lands in a state of nature. Now let me call the attention of gentlemen to it, and see the position in which you leave these men if this is not done. Here the hammer fell.]
Mr. STEVENS. I movepro form? to amend by striking out the last 2 words. I desire to say that this is not a question whether the money shall be refunded to the persons who bought this land from the Government. Mr. Swectzer is not anxious that the money shall be refunded., He bought the property from 3rd persons. who had bought it from the government. The Government had no title: and the question now is whether Sweetzer hall get preperty worth 3 times the appraised va no He then instituted an. of this land or whether the Government will quiet his title.
Mr. CONKLING. Mr. Chairman, I dislike very much to insist upon an amendment when the Gentfrom Ohio, [Mr. LEBLOND] who knows most about the matter, deems the provision of the bill entirely fair. Yet, upon the whole presentation of the case, I do not think that $32,000 ought to be appropriated in this bill for this purpose. This claim, ifI understand it correctly, is one which should properly be embraced in a private bill. It does not appropriately belong in an appropriation bill or in any public bill. It is a claim about which a great deal is to be said on both sides. And I have a lurking recollection that, during this session, this very matter has been before the House, and has been in some way disposed of. I ask “the Gentfrom Ohio [Mr. LEBLorm] whether I am not right.
Mr. LEBLOND. When the miscellaneous appropriation bill was before the House this was otfered as an amendment to that bill, and the Chair ruled that it was not in order. perhaps, however, the gentleman may have reference to the appointment of the commissioner who was directed to a raise the land.
Mr. CONKLING. 0, sir; I think it is the miscellaneous appropriation bill to which I refer. In that case the Chair ruled as the Chair would have ruled upon this bill, had anyone known that this section was covered up in the bill, and had thus been enabled to make the point of Order in season. Manifestly this appropriation does not belong in this bill. The ComWhole, in acting on the case of General Stone this mornin, has by a very pronounced majority declare in favor of the princilfle which has been acted upon by the committee almost uniformly heretofore, that it is right to discourage the practice of introdu cing into a general appropriation bill sections desxgnedto accomplish a purpose which should be accomlished by private bills. Now, liIi. Chairman, I confess that I do not for one feel at all satisfied in reference to the I merits of this case; but I do feel clear that an approprintion for this claim does not properly beiim in this bill, and that the committee should adhere to what has been its previous practice, allowing all parties to fare ali e in the presentation of private claims, andinsistin that such claims sha I be embraced in private ills, to the end that they may be deliberately passed upon by the appropriate committees. here fore, sir, I insist upon my original motion to strike out the paragraph.
Mr. LAWR ‘NCE, of Ohio. The 1000s of cases in reference to which controversies will arise respecting title, and where the title of the U.S. may fail, it would be mon strous to adopt the principle here contended for. It is therefore for the House to say whether it will adopta rule different from that now established, and load the Government down with responsibilities amounting to untold and countless millions of dollars. When the Government sells land the title to which fails the purchasers under the Government certainly oug t not to ask any more than they would be entitled to claim as against a private grantor. I withdraw my amendment.
Mr. Chair man, there has not been an appropriation which we have not been told not only involves the safety of this nation but the ruin of God‘s creation. I have heard that sort of thing over and over again from the gentleman who has just spoken, as well as from others. I have heard it so often that I have ceased to be alarmed at their thunder. When there is an honest debt due I will pay it if I am able; if not I will confess the ebt. In the letter of the SecyInterior to Hon. John F. Kinney, it is stated that pursuant to the authority vested in him by a jomt resolution approved on the 5th of May, he appointed
Mr. hinney a commissioner to appraise the lands described in the not entitled “ An act for the relief of William Sawyer and others, of Ohio, ” approved July 1, 1864. I need not go on further to state what the Secretary says. Here is an apprOpriation to carry out the law. The value of these lands has already been ascertained in the mode prescribed by act of congress. v
Mr. BIL GHAM. I ask the gentleman whether the statute under which this appraisement was made does not expressly provide that the land shall be appraised and valued according to its present valuation in a state of nature.
Mr. STEVENS. It does, and so the commissioner, in a long report giving us the evidence, states that he did value it in a state of nature. Now, sir, it is the most remarkable thing in the world that
Mr. Sweetzer, who has a right to this land, is to be held responsible for the original title given by the Government of the U.S. to these settlers.
Mr. Sweetzer can turn them out tomorrow under the law without asking anybody’s favor, and in order to prevent it the vendor, who sold what he did not possess and thus put into possesSion innocent men, is asking us to appropriate this mono to protect the vendees from a just and lawfu claim, so decided by ourselves and decided by the judgment of the courts.
Mr. WILSON, of Iowa. I wish to ask Whether there have not been 2 appraisements of this land; whether the commissioner who made the 1st did not appraise it at a much less price than is now fixed; whether Sweetzer did not refuse to take it, demanding a higher price; and whether he did not procure the appointment of another commissioner who, for some reason, I know not what, has returned this appraisement, which is satisfactory to Sweetzer.
Mr. STEVENS. I do not know about the 1st appraiseinent, but the resolution shows that this is a renppraisement; hence there must have been one before.
Mr. Sweetzer was not bound to accept it, but he has signified his willingness to acce t the sum which was fixed by h Mr. Kinney. ow, it is a simple question whether this Congress will allow their own vendee to be turned out. [Here the hammer fell.] The question being taken on the amendment of Mr. CONKLIXG to strike out the section, it was not agreed to nycs 35, noes not counted.
Mr. KASSON. I move to add the following as an additional section: Abife: That whereas doubts have arisenwhetherthe 4th section of the act approved March 1865e. ntitled “An act to amend an act to provide internalrevenue to support the Government. to payintereston the public do t and for other purpose asg.e"n approved June 30.1864a. uthorized disburs disburseother moneys than those appropriiaed in the said 4th section: thereforefor the purpose of removing: said doubtsand declaring the true intent and meaning of said 4th section the said 4th section the]! be deemed.held, and construed as being and remainin in full force and effectfrom and after the3dda 0 March, 1865.until the same shall be modified an repealed and as authorising the disbursementthrough such agentsof moneg heretofore “DJJI‘OIUI atedand that may here after 0 expenseasppro note for the paymentof the lawful inci antto carryng into effectthe various actsrelative to the assessment and collection of the internalrevenue: and all bonds and obligations heretoforeenteredinto by collectorsof internalrevenue as disbursing agents shall be binding and obli gatoryupon such collectors and their surotiesuswell in respects to moneys which have been or may hero after e receivedbysaid collectorsassuchdisbursing azents as to moneys appropriatedin the said 4th section.
Mr. KASSON. I offer the following additional items as amendments to the bill: For compensation of the depositary at Santa Fe, 3 NewMexico. as peractof March 81000. 3. 186. For salarics of additional clerks and additional compensution of officersand clerks. under notof August. 1846a.t such rates as the SecyTreasury deem just and reasonable. 10, or compensation of 2 superintendentsfor the INIfQ SEBVsIDtaHtions psn my arse tihtlafoastboIltrpnlgeislanfirind, person 0 December '. gust an islesdszsoo. ‘1 For compensation of 24 keepers of stations, persamenet, $6.000. For snliiry of the superintendent of the building occupied by the QuarterGen’s office, $200, for the current fiscal year.
Mr. WRIGHT. I offer the following as an additional section: Abife: That the Capitol police shall be entitled to the increased compensation upl lowed to officers, clerks. messengers and others in the employof the HoRep. I will state that last year a bill was passed which it was supposed gave to them their compensation as employees of the House, but it a pears that as the law stood they were employed by Congress, the House paying 1/2 an the Senate the other half. Therefore they were left out in the cold. The object of my amendment is to have that mistake rectified. There are only a half dozen of these men and I think justice requires that this amendment should be adopted.
Mr. STEVENS. I move that the committee lay this bill aside and take up another small appropriation for Nebraska.
Skip Skip The amendment was agreed to. REIMBURSEMENT or NEBRASKA. The ComWhole then proceeded to consider House bill No. 761, to authorize the reimbursement of Nebraska of certain expenses incurred in repellin Indian hostilities. On motion of Mr. STEVENS, the 1st reading of the bill was dispensed with, and the bill w' as read by sections. No amendment was offered.
Mr. JLTHOMAS. I move that the committee rise.
Mr. KASSON. I move to amend by adding that the Chairman report both bills to the House.
Mr. JLTHOMAS.‘ I accept the amendment. The motion was agreed to. So the committee rose, and
The SPEAKER having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of the House No. 791, to supply deficiencies in the appropriations for the serVice of the fiscal year ending 80th of June, 1866, and for other purposes, and had directed him to report the some to the House with sundry amen ments; also that the ComWhole had had under consideration the special order being bill of the House No.‘ 761, to authorize the reimbursement to the Territory of Nebraska of certain expenses in curred in repelling Indian hostilities and had directed him to report the same to tchouse without amendment. 0
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former its Secretary, announced that the Senate had concurred in the amendments of the House to the amendments of the Senate to House bill No.775, to establish certain ost roads. Also, that the Senate ha passed without amendment House bill No. 772, to authorize the issue of certain bonds in denominations greater than $1,000. Also, that the Senate had passed House JtResolution No.176, umendatory of a JtResolution entitled “Resolution respecting bounties to colored soldiers and the pensions, bounties, and allowances to their heirs, ” it proved June 15, 1866, with amendments, in whiich the concurrence of the House was requested. Also, that the Senate had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (H.R.No. 387) making appropriations for the current contingent expenses of the Indian dept for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1867. ENROLLED oiLLs AND RESOLUTIONS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills and JtResolutions of the following titles; when The SPEAKER signed the same: An act (H.R.No. 692) increasing the pensions of widows and orphans, and for other purposes; An not (H.R.No. 687) to incor orate the Soldiers’ and Sailors' Union, of I ashington, DistCol; An act (H.R.No. 729) to change the port of entry in Puget Sound; An not (H.R.No. 779) to incorporate the National Soldiers’ and Sailors’ Orphan Home; An not (H.R.No. 365) granting the right of way to ditch and canal owners over the public lands, and for other purposes;JtResolution (H. B. To. 190) in regard to rations of Union soldiers held as prisoners of war; andJtResolution (H.R.No. 178) in reference to the Dismal Swamp Canal Company. DEFICIENCY BILL AGAIN. The House proceeded to the consideration of the deficiency bill as reported from the ComWhole.
Mr. STEVENS. I demand the previous question on the several amendments made in committee.
Mr. LAWRENCE, of Ohio. Iask fora separate vote on striking out section 5.
The SPEAKER. That was not stricken out in committee.
Mr. LAWENCE, of Ohio. Then Ihope the previous question will not be 2nded so that the motion may be made to strike out.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendments reported from the ComWhole were concurred in, and the bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time.
Mr. STEVENS. I call the previous question on the passage of the bill as amended.
Mr. AWRENOE, of Ohio. I ask for the yeas&nays on the passage of the bill. The eas&nays were not ordered. The bill was then passed.
Mr. KASSON mtRtv the bill was passed; on the table. agreed to. REIMBURSEMENT OF NEBRASKA. The House then proceeded to consider House bill No. 767, authorizing the reimbursement of the Territo of Nebraska for certain expenses incuri e in repelling Indian hostili ties; which had been considered in ComWhole and reported to the House without amendment.
Mr. KASSON. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was then orderengross and reada 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. KASSON mtRtv the bill was passed; on the table. agreed to. TENNESSEE.
The SPEAKER laid before the House the following message from the POTUS:
Mr. STEVENS. Inasmuch as the JtResolution in regard to Tennessee has become a law by the entire and cordial approval of the President, [laughter, ] I am directed by the JtComReconstruction to ask that that committee be discharged from the further consideration of the credentials of the members elect from the State of Tennessee, and to move that the some he referred to the ComElections of this House.
Mr. DAWES. I should like to have one of the credentials read to the House, in order to give me an opportunity of in uirin of the House whether it is expected of the ommittee of Elections, if these credentials shall be referred to them now, to pass upon anything more than the fact whether or not they conform to the law. If that be all that the committee 1sexpected to do, then I think the House can act as well as the ComElections on that matter.
Mr. LEBLOND. I rise to a privileged cprestion. I move that the members elect from the State of Tennessee, now present, have administered to them the oath of office.
The SPEAKER. It is within the power of the House to refer to the ComElections the credentials of any gentleman claiming a seat even from a State that has not been in rebellion. But the Gentfrom Pennsylvania [Mr. Srsvuxsiz is still on the floor, which would prevent the motion of the Gentfrom Ohio [Mr. Ls BLOND] from being made.
Mr. STEVENS. I believe that these cre dentials are in the usual form, and it is to be expected that they will be examined by the ComElections just as the credentials are which are referred to that committee by the House. They will understand whether they are irregular or not. I now call the previous question..
Mr. LEBLOND. Does not my motion take precedence of that?
The SPEAKER. It does not; the usage has been precisely the other way. If a motion is made to swear in a man claiming a seat in the House after it is organized, and a member rises and moves to refer the credentials to the ComElections, that motion is entertained and acted u on.
Mr. LEBELOND. I have always understood that the credentials alone are considered primafacie evidence of a right to a seat when there is no contestant.
The SPEAKER. That is only for the purpose of organizing the House. The Chair will refer the gentleman to a case in point. In the 37th Congress a Gentfrom Tennessee (the Chair does not now recollect the name) claimed to have been elected a Representative from that State, and there was no contestant in his case. The credentials in that case were referred to the ComElections, who examined as to the number of votes castfor him, the condition of the district, &c., and reported upon the case, and the Chair thinks he was a mitted to his seat.
Mr. LEBLOND. That, Mr. speaker, grew out of the fact that the State at that time was in a state of rebellion and no election could be held.
The SPEAKER. That is true; but there was no contestant at that time. The question was whether the gentleman resenting the cre dentials should be admitted to a seat, no person contesting his election.
Mr. LEBLOND. My recollection of that case is that the certificate was informal.
The SPEAKER. The Chair overrules the point that the gentleman has the right to make this motion pending the demand or the previous question.
Mr. (ADFORD. I desire to inquire whether it is nowin order to move to layt e resolution of the Gentfrom Pennsylvania on the table.
The SPEAKER. That motion, if adopted, will carry the credentials to the table; but they can be taken u by the House.
Mr. RAND L, of Pennsylvania. I rise to a point of order. My colleague [him STE VENS moves to discharge the ComReconstruction from the further consideration of the credentials of the Tennessee members, and also moves that those credentials be referred to the ComElections. I wish to inquire whether it is not in order to have the question divided. I am in favor'of discharging the ComReconstruction but. am opposed to referring these credentials to the ComElections. for the reason that we have for 8 months been discussing this subject, and
Mr. MYERS. I object to my colleague making an argument under the guise of a point of order.
The SPEAKER. The Chair is of opinion that the motion of the Gentfrom enn sylvaiiia [Mr. Srnvnxs] is susceptible of division. It embraces 2 distinct propositions.
Mr. SGHENCK. I desire to make an inquiry.
Mr. WENTWORTH. I insist on the previous nestion.
Mr. tADFORD. I withdraw the motion to lay on the table.
The SPEAKER. The question is 1st upon discharging the ComReconstruction.
Mr. BANKS. If the 1st branch of the motion ot the Gentfrom Pennsylvania is defeated we cannot vote on the 2nd. Therefore I think the question ought to be taken as a whole.
The SPEAKER. The rule declares that a motion may be divided if it embraces 2 distinct and substantive propositions. That is the case here. The 2 propositions could have been presented as separate motions. The question being taken on the motion to discharge the ComReconstruction from the further consideration of the credentials. it was decided in the affirmative. The question recurred on referring the cre dentials to the ComElections.
Mr. LEBLOND and Mr. FINCK called for the yeas&nays. The yeas&nays were ordered.
Mr. FINCK. I ask for the reading of the credentials of one of the gentlemen from Tennessee.
The Clerk read the credentials of Mr. Na thaniel G. Taylor.
Mr. BINGH’AM. Mr. Speaker, I desire to inquire whether the POTUS has returned to this House, in which it originated, the JtResolution for the restoration of the State of Tennessee with his ap'proval.
The SPEAKER. The POTUS when he approves abill or JtResolution, sends it to the Dept of Stateand not to either House of Congress. The message of the President states that he has signed the JtResolution. The yeas&nays having been ordered on referring to the ComElections the credentials of the gentlemen claimin seats as Representatives from the State 0 Tennes 889:
Skip Skip The question was taken; andit was decided in the atfirmative yeas 90, nays 28, not voting 63: So the credentials were referred to the ComElections. Mr. WENTWORTH mtRtvs just taken; on the table. agreed to. INDIAN APPROPRIATION BILL.
Mr. KASSON. If no member wishes to ask a question, I submit the report Without debate, an call for the preVions question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report was adopted.
Mr. KASSON mtRtv the report was adopted; upon the table. agreed to. WASHINGTON CENTER MARKET.
Mr. INGERSOLL, by unanimous consent, introduced a bill to incorporate the Center Market Company in the city of Washington, DistCol; which was read a 1st and 2nd time and referred to the ComDistCol. JANES, FOWLER, KIRTLAND, AND COMPANY. On motion of Mr. INGEBSOLL. by unanimous consent, Senate bill No. 429, for the relief of dance, Fowler. Kirtland to Co., was taken from
The SPEAKER‘s table, read a 1st and 2nd time, and referred to the ComDistCol. NATIONAL FARM SCHOOL.
Mr. KASSON. I ask unanimous consent to introduce a bill to incorporate a National Farm School.
Mr. SCHENCK. I object to anything but the regular order of business. CAPTORS of BOOTH, ETE.
Mr. HOTCHKISS, from the ComClaims submitted a report relating to the re wards for the arrest of the assassins of President Lincoln and the capture of JeffersonDavis; which was ordered to be printed and its further consideration postponed until tomorrow after the reading of the Journal. THE BANK BILL.
The SPEAKER stated the 1st business in order to be House bill No. 771, to amend an not entitled “An act to provide a national can renc secured by a pledge of U.S. bon s, and to provide for the circulation and redemption thereof, " and for other purposes, on which the Gentfrom Massachusetts '[Mr. HOOPER] was entitled to the floor.
The SPEAKER. The amendments of the committee will be 1st in order.
Mr. HOOPER, of Massachusetts. I move to insert on page 1?, after him 304, the fo lowmg: Ami provided further, That in all caseswhere a national bank has paid or may pay, in excess of what may be found due from said aiik. on account of the duty required to be paid to the Treasurer of the U.S.the bank so having paid or paying such excessof duty, maystatean account thero for, which, on beingcertified by the Treasurer of the U.S and found correct by the 1st Auditor and approvedby the 1st Comptroller of the Traasury shall be refunded in the ordinary manner by warrant on the Treasury.
Mr. HOOPER, of Massachusetts. I send up to the Clerk’s desk a letter, which I ask to be read.
Mr. DAWES. I rise to a question of privilege, to make a report from the ComElections.
The SPEAKER. If there is no objection, the banking bill will be laid aside to allow the ComElections to make a report. No objection was made.
Mr. DAWES. The ComElections, to whom were referred the credentials of certain persons claiming to have been duly elected as Representatives to this Congress from the State of Tennessee, have instructed me to report that the credentials of the following gentlemen have been referred to the committee, namely: Nathaniel G. Taylor, for the 1st district of Tennessee; Horace Maynard, for the 2nd district; William B. Stokes, for the 3rd district; Edmund Cooper, for the 4th district; William D. Campbell, for the 5th district; Samuel L. Arnold, for the 6th district; Isaac R. Hawkins, for the 7th district; and John W. Leftwich, for the 8th district. The credentials presented have been examined by the committee and appear to be in conformity with the laws of the State of Tennessee and of the U.S. They set forth that on the 1st Thursday of August, in the year 1865, each one of these gentlemen was duly elected a Representative in Congress in conformity with the laws of Tennessee and of the U.S. Each one of the credentials is signed by the Governor of the State and attested by the SecyState, with the seal of the State affixed thereto. The committee have instructed me to report that those credentials are in conformit with law, and to move that these several gentlemen be sworn in as members of the House from the State of Tennessee.
Mr. LEBLOND. I fully concur with the report made by the chairman of the ComElections. But, sir, I am somewhat puzzled to know how that committee comes to the conclusion that it has given any force or effect to the resolution that passed this House and the Senate. The preamble to that resolution presupposes that the State of Tennessee was out o the Union and not entitled to representation until the adoption or ratification of the constitutional amendment. If so, I ask the chairman of the committee how in Heaven’s name the election of these Representatives can be legal. For one I believe the election to be proper. I believe these members are entitled to seats and that they have been so entitled all the time. But if the spirit of that preamble is right, certainly the report of this committee is a perfect anomaly. I have been in favor of admitting these men all along, and I simply make this statement, hopin that the chairman of the committee maybe able to reconcile his peeition.
Mr. DAWES. After the lumine us exposi Ition of the gentleman showing the inconsist ency of the position in which he finds himself after having voted for that resolution, I do not think it necessary to detain the House any further, and I therefore demand the previous question.
Mr. LEBLOND. I do not vote for it at all. [Laughter]
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report of the committee was agreed to. Mr. DAWES mtRtv the report was agreed to; on the table.
Mr. LEBLOND. It is not necessary; there is nobody opposed to it. The latter motion was agreed to. Messrs. NATHANIEL G. TAYLOR, Henson MAYNARD, and WILLIAM B. S'roxes then came forward amid applause, took the oath of office prescribed by the act of July 2, 1862, and took their seats in the House.
Mr. EGGLESTON. I move the House now adjourn. I‘he SPEAKER. That will be till to rnor row.
Mr. EGGLESTON. That is what I propose. The motion was disagreed to. BANK BILL AGAIN. The House resumed the consideration of the banking bill, the pendin question being on the amendment offered y
Mr. STEVENS, I think I understand the object of that amendment; I am not quite sure. Some time ago it was decided by the late ComrIntRev that banks were bound to pay the tax of one 6th of 1%., and I suppose it has reference to what is 'paid under that decision. Now, that was decided by the courts in Philadelphia to be illegal. There has been paid a good many 1,000 dollars of revenue in Pennsylvania under that erroneous decision. I believe this amendment has reference to that.
Mr. HOOPER, of Massachusetts. It refers entirely to that. The Solicitor reported that there was no authority to refund the money.
Mr. STEVENS. l suggestwhether we ought not to have a clause ratifying what has already been pai.
Mr. HOOPER, of Massachusetts. They have not asked it.
Mr. HOOPER, of Massachusetts. I move to amend by inserting after the word “any ” in line 51, page 3, the words, “national banking, ” so that it will read “national banking association." I‘ he amendment was agreed to.
Mr. RANDALL, of Pennsylvania. I suggest that the bill be now taken up and read by paragraphs for amendment.
Mr. RANDALL, of Pennsylvania. Let the Chair suggest the rule.
Mr. LYNCH. I offer the followmg amendment, to come in at the end of this paragraph: Provided, however, That the appointment of such recncjeoiivneerdshallbevacatedand the ‘umptroller shall be and restrainedfrom further proceedingsin the premisesunder this section, if the nearest disstrhicatll., coinrcaupitp.l0icla tteiorrnitoofrial courtof the U.S. such association madewithin ten daysafter it shall have beennotifiedof such appointmentand upon hearing of the case, soorder. The object of the amendment is to give the same right of appeal that is given in section 50 of the national currency act. That provides tor closuig up on certain Violations of 0 law.
Mr. CONKLING. If I caught the sense clearly I would suggest that the amendment goes further than the gentleman intends. It provides that the appointment of any such commissioner shall be vacated if the court shall so order.
Mr. LYNCH. The section provides that the Comptroller of the Currency shall wind up the bunk under certain provisions of the national currency act, and the proviso is to give the parties a right to appeal to the courts. If the gentleman will refer to section 50 he will find the provision referred to.
Mr. CONKLING. I would suggest to the gentleman. then, that he ought to provide not only that the appointment should be vacated, but that the proceedings themselves should be vacated.
Mr. HOOPER, of Massachusetts. Perhaps I misunderstood the gentleman; but I under stood him to say that his amendment was from the ComBanking&Currency.
Mr. LYNCH. I did not say it was from the committee; I offered it as an amendment of my own.
Mr. HOOPER, of Massachusetts. It seems to me unnecessary, as that provision already exists in the law. The propriety of the provision I assent to, but it is already provided for in the law. This subject was discussed in the committee, and they thought it was sufficicutly provided for now in the 50th section of the national currency act.
Mr. LYNCH. Section 50 does not cover this case. That section provides in relation to “such association against which proceedings have been so instituted on account of any alleged refusal to redeem.” This is not on account of any alleged refusal to redeem; therefore that proviso is not up licable to this at all. It is only applicable to a ank which is being wound up on account of its alleged refusal to redeem, and it does not apply to the extension given under this section.
Mr. RANDALL, of Pennsylvania. I think well what the gentleman YNCH] is seeking to accom plish. The object of the committee in this respect was this: that where a bank fraudulently violates the law, or neglects the requirements of the law, the Comptroller of the Currency shall have the opportunity to come in and take 05 session of the assets of the bank, giving immore full power than he has heretofore had to save the public money, if it be a public depository and if not at least to save the money due to the depositors, and also provide that the circulation maybe romptly redeemed. I hope the amendment of p the Gentfrom Maine will not be ado ted.
Mr. LYNC. Iwonld call the attention of the gentleman to section 50 of the currency act, to which this section relates. As the Gentfrom Massachusetts [Mr. Hoorna] has said, it was the intention that this proviso should appl. But he will find thatthe proviso of sfiction 50 does not apply to this section at The hour of 4 o’clock ahd 30 minutes p. m. having arrived, the House too a recess until half past 7 o'clock p. m. EVENING SESSION. The hour of half ast 7 o’clock p. m. having arrived, the I house resumed its session. LEAVE OI‘lABSENCE.
Mr. O’NEILL asked and obtained leave of absence for the remainder of the session for his colleague, Mr. Tunas. ADAM GARLOCH. On motion of Mr. HOLMES, the ComRevolutionary Pensions were discharged from the further consideration of the petition of Adam Garloch, and the same was referred to the ComInvalidPens. ASSAULT ON A MEMBER.
Mr. BANKS. I move that all further proceedings under the order of the House relating to the assault upon the member from Iowa [Mr. Gmsn'smj be dispensed with. The motion was agreed to. ORDER OF BUSINESS.
Mr. ANCONA demanded the regular order of business. The House, pursuant to order, resumed the consideration of business upon The SPEAKER’s table. Pon'rs or nnLrvsnY. The 1st business upon The SPEAKER’s table were amendments of the Senate to the bill of the House No. 609, to constitute Omaha and Nebraska City, in the Territory of Nebraska, and StPaul, in Minnesota, ports of delivery.
Mr. ELIOT. I move that the bill with the amendments be referred to the ComCommerce., The motion was agreed to.
Mr. PRICE mtRtv the bill and amendments were referred; upon the table. The atter motion was agreed to. CERTIFICATES OP REGISTRY TO VESSELS. The next business upon The SPEAKER’s table was the amendment of the Senate to the bill of the House No. 728, to authorize the SecyTreasury to issue certificates of registry or enrollment and license to certain vessels. The amendment was as follows: Add to the bill the following proviso: I vePsrsoevl:id the adt.a Trheaft ortchiegrneshall bepaid on eachof said built atax equalto the internal reyenuc tax upon the materinlsof construction similar vesselsof American build.
Mr. ELIOT. I move that the House concur in the amendment of the Senate. The amendment was concurred in.
Mr. ELIOT mtRtv the amendment of the Senate was concurred in; on the table. agreed to. PETER ANDERSON. The next business upon The SPEAKER’s table was Senate bill No. 79, for the relief of Peter Anderson; which was read a 1st and 2nd time and referred to the ComInvalidPens. REUBEN CLOUGH. The next business upon The SPEAKER’s table was Senate bill No. 171, for the relief of Reuben Clough; which was reada 1st and 2nd time and referred to the ComInvalidPens. MRS. NANCY A. STOCKS. The next business upon The SPEAKER’s table was Senate bill No. 358, granting a pension to Mrs. None A. Stocks; which was read a 1st and secontime. The bill was read at length. It directs the SecyInterior to place the name of Mrs. Nancy A. Stocks, widow of Reuben Stocks, late a private in company K, 18th regiment Illinois infantry volunteers, on the pension roll, at the rate of 8 dollars per month, to commence from the 11th do of Bone, 1863, and to continue during her widowhood.
Mr. ANCONA. I insist on the motion to refer the bill to the ComInvalidPens. The motion was not agreed to; there being aycs 9, noes not counted. The bill was ordered to a 3rd reading, read the 3rd time, and passed. WILLIAM CROSWELL. The next business on The SPEAKER’s table was the bill (S.No.324) entitled “An act for the relief of William Croswell;" which was read a 1st and 2nd time. The bill, which was read at length, proposes to direct the SecyInterior to place the name of William ‘roswell, of Boston, Massachusetts, on the roll of invalid pensioners at the rate of 8 dollars permonth, the pension to commence February 1, 1865.
Mr. PERHAM. I move to amend the bill by adding the words, “and said pension shall be paid out of the naval pension fund.”
Skip Skip The amendment was agreed to. The bill, as amended, was ordered to a 3rd reading, read the 3rd time, and passed. Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. HOPESTXLL BIGELOW. The next business on The SPEAKER’s table was the bill (S.No.359) entitled “An act for the relief of Hopestill Bigelow, of New Market, NewJersey;” which was read a 1st and 2nd time and referred to the ComInvalidPens. ABRAHAM LANSING. The next business on The SPEAKER’s table was the bill (S.No.36(5)entitled “An act granting a pension to Abraham Lansing;” which was read a 1st and 2nd time. The bill, which was read at length directs the SecyInterior to place tename of Abraham Lansing, late a master’s mate in the U.S. Navy, on the pension roll, at the rate of ten dollars permonth. to commence from and after the passage of this bill and to continue during his natural life; said pension to be paid out of the naval pension un. The bill was ordered to a 3rd reading, read the 3rd time, and passed.
Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. DBUSEY A. LAYMAN. The next business on The SPEAKER’s table was the bill (S.No.376) entitled “An act granting a pension to Drusey A. Layman; ” which was read a 1st and 2nd time. The bill, which was read at length, directs the SecyInterior to place upon the pension roll the name of Druscy A. Layman, of Palatine, Marion country, WestVirginia, widow of Eugenius E. Layman, deceased, late a private in company C, of the 17th regiment of WestVirginia volunteers, and allow and pay to her a.)CflSlOflof 8 dollars permonth from the death of her husband on the 18th day of January, 1866, to continue during her widowhood. The bill was ordered to a 3rd reading, read the 3rd time, and passed.
Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. JOHN DYLE. The next business On The SPEAKER’s table was a bill (S.No.390) entitled “An not grant in a pension to John Pyle; ” which was read a 1st and 2nd time. The bill, which was read at length, directs the SecyInterior to place the name of John Py e, late a sergeant in 105th regiment IndciaonmapIannllly?as volunteers, on the pension roll, at the rate of 15 dollars permonth, to commence from and after the passage of this bill, and to continue during his natural life.
Mr. ANCONA. I move that this bill be referred to the ComInvalidPens, and on that motion I demand the previous question.
Mr. PERHAM. I desire to state that the ComInvalidPens have had before them substantially the same bill, and are in favor of its passage. I ask that the report be read.
Mr. LAWRENCE, ofl Pennsylvania. I hope that this bill will not be referred. I trust that my colleague [Mr. Axcoxa] will withdraw the motion.
Mr. ANCONA. Icannot withdrawit. Let us take the same course with these Senate bills that the Senate has taken today with our bills of a precisely similar character. On the motion to refer the bill to the comInvalidPens, there were ayes 6, noes 56; no uorum votin. The SPEAK R, under the rules, ordered tellers, and appointed Mr. Ascoxs and Mr. Panama.
Skip Skip The House divided, and the tellers reported ayes 9 noes 79; no quorum voting. Mr. ANCONA. Iwrthdraw the demand for a division. The bill was ordered to a 3rd reading; and it21 was accordingly read the 3rd time and ease. Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to. w. n. KELLEY. The next business on The SPEAKER’s table was Senate bill No. 898, for the relief of W. E. Kelley; which was read a 1st and 2nd time. The bill authorizes and directs the SecyInterior to pay to W. B. Kelley, late a 2nd lieutenant in company F, 1st regiment Kentucky cavalry volunteers, a pension, at the rate of 15 dollars permonth, from the 31st of July 1863, to March 13, 1865, amounting to $291 50. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. SCHENCh. The amendments of the Senate do not make the resolution so stringent against claimants as the House committee would desire, but utter examining the amendments I think we had better concur. I move concur 161108. The amendments were concurred in.
Mr. SCHENCK mtRtv the amendments were concurred in; upon the table. agreed to. CLAIMS AGAINST NEVADA. The next business in order on The SPEAKER’s table was Senate JtResolution No. 84, authorizing the payment of certain claims against the late ferritory of Nevada; which was read a 1st and 2nd time. To enable the SecyTreasury to settle and pay outstanding claims chargeable to the contingent expenses of the executive dept of the Territory of Nevada, it proposes to transfer so much of the unexpended alanee of the appropriation “for compensation and mileage of members of the Legislative Assembly of the Territory of Nevada” as may be found necessary for that purpose, to the credit of the fund for paying the contingent expenses of the executive dept of that Territory, and the proper accounting officers of the Treasury, out of the balance so transferred, are to pay “the said claims as adjusted and allowed.” The JtResolution was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. AIUIY OF THE U.S. A The next business in order on The SPEAKER's table was bill of the Senate No. 401, to increase and fix the military peace establishment of the U.S., which was read a 1st and 2nd time.
Mr. SCHENCK. I desire to say to the House that this is one of the numerous Senate 'Army bills, butas we have succeeded at length in getting an arrangement by which the Senate ado ted this as a substitute for the substitute oft e House, so that we may haven committee of conference, I move that the bill be referred to the ComMilAffrs, and that the committee have leave to report it back at any time.
Mr. WILSON, oP'Iowa. I object to that. Pass it. over for the present.
The SPEAKER. The Chair thinks the bill had better be referred until after this order is executed. The motion to refer was agreed to EXTENBION of CAPITOL GROUNDS. The next business in order upon the Speak er’s table was bill of the Senate No. 889, to enlarge the public grounds around the Capitol; which was read a 1st and 2nd time and referred to the ComPubBldg and Grounds. 'HIADDEUB HYATT. The next business in order upon the Speak er’s table was bill of the Senate No. 367, to extend the letters patent granted to Thaddeus Hyatt; which was read a 1st and 2nd time. The bill was read. It extends the patent of Thaddeus Hyatt for vault lights for 7 ycars, to end in November. 1873.
Mr. JENCKES. The ComPatents have instructed me to report in favor of agreeingto the bill of the Senate. Iask the previous question on its passage.
Skip Skip The previous question was 2nded and the main question ordered. The bill was ordered to a3rd reading; and it was accordingly read the 3rd time and passed.
Mr. JENCKES mtRtv the bill was passed 3 upon the table. agreed to. U.S. EXPLORING EXPEDITION. The next business upon The SPEAKER's table was JtResolution of the Senate No. 126, “to authorize the use of certain plates of the U.S. explorin expedition by the Navy Dept;” which was read a 1st and 2nd time. The JtResolution authorizes the JtcomLibrary to grant to the Navy Dept the plates used in illus trating the exploring expedition of Ca lain Wilkes, with a view of printing a supply of charts for the use of the Navy dept.
Mr. RICE, of Massachusetts. Jet me state that the ComNavAffrs have examined this bill and recommend its passage.
Skip Skip The bill was ordered to a 3rd reading; and iti was accordingly read the 3rd time and asse. p Mr. RICE, of Massachusetts, mtRtv the JtResolution was passed; upon the table. agreed to. PACIFIC RAILROAD. The next businessin order n on The SPEAKER’s table was bill of the Senate 0. 125, granting the right of way through the military reserves to the Union Pacific railway and its branches; which was read a 1st and 2nd time. The bill was then ordered to a 3rd reading; and it was accordingly read the 3rd time.
Mr. LAWRENCE, of Ohio. Is it in order to move to refer this bill to the ComPubLands?
Mr. DRIGGS. It merely grants the right of way.
Skip Skip Mr. PRICE. 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. PRICE mtRtv the bill was passed; upon the table. agreed to. THE PORTLAND FIRE. The nextbusiness on
The SPEAKER’s table was JtResolution of the Senate No. 131, for the temporary relief of the sufferers by the late fire in Portland, in the State of Blaine; which was read a 1st and 2nd time.
Mr. ALLISON. I move that the bill be referred to the ComAppropriat.
Mr. RICE, of Maine. I trust not. This resolution contains no appropriation. It simply provides for a suspension of the collection of taxes.
Mr. WILSON, of Iowa. There is one provision of the JtResolution which I think ought to be amended. It would relieve from taxation‘persons owning property in Portland, but resiing and doin business elsewhere. Forinstance, if there)e n. distiller owning property there, but doing business in Peoria, the yment of his tax would be suspended.
Mr. ALLISON. I will move that the resolution be referred to the Committee of Way: and Means, with leave to report at any time.
Mr. RICE, of Maine. I believe there is '10 objection to that on the part of the gentleman who represents the Port and district.
Mr. EYNCH. I have no objection to that reference if the committee have leave to report at any time.
Mr. STEVENS. I desire to add to the res olution an amendment providing that taxes shall also be suspended in the burnt portion of Chambersbur, Pennsylvania.
Mr. WILSO., of Iowa. I supposed that question had already been referred to the committee of Claims.
Mr. CONKLING. I have been seeking the floor for an opportunity of making some remarks in regard to this Chambersburgmatter. I noticeb the Globe that during my necessary absencetion: the House, the Gentfrom Pennsylvania made some remarks in reference to that Chainbersburg matter in which he stated that I had been appointed by the ComWays&Means a sub committee in relation to it. I wish now to set the matter right, and to remind the chairman of the ComAppro riations that he was forgetful of the facts whcn he made that statement. I did examine inte the matter, but subsequently, upon suggestion of a party admitted into the committee room, the matter was acted upon by the Committee, and since that time it has never, in any sense, been in my hands. I wished to state this fact for the information of the gentleman and the House, and in justice to myself.
Skip Skip Mr. ALLISON. I demand the previous question on the motion to refer. The previous question was 2nded and the main question ordered; and under the 0 eration thereof the motion to refer to the committee of Ways&Means, with leave to report at.any time, was agreed to. MAIL SERVICE TO CHINA. The next business upon The SPEAKER’s table was JtResolution of the Senate No. 98, to amend an act entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, " approved February 17, 1865; which was read a 1st and 2nd time. On motion of Mr. ALLEY the JtResolution was referred to the comPostOffice. C. '1‘.FAY AND WILLIAM Y. PATCH. The next business on The SPEAKER’s table was JtResolution of the Senate No. 132, authorizing the SecyTreasury to audit and settle the accounts of Caleb T. Fay and William Y. Patch, late assessor and collector of internalrevenue at SanFrancisco, Califorl nin which was read a 1st and 2nd time.
Mr. MeltUER. I desire to call the previous question upon this JtResolution, but before oing so I will ask for the reading of a letter from the SecyTreasury: Tanasenr Dnranrxsxr. July 18. 1886. Drum Sta: I inclose to you herewith a proposed resolution authorizin the settlement of the accounts of CalebT. Fay and illiam Y. Patch, late assessor and collector of internalrevenue at SanFrancisco. Upon an equitable andJust basis. From the report to me of clerks of this Dept, appointed as a committee to investigatethe accounts of those officers and to settle themif pessible. I nm satisfied that, by reason of informality in the appointment of certain persons who acted and were paid by the collector as asst assessors the accounts of these gentlemen cannot be justly settled Without the aid of some legislation like that proosedin the accompanying resolution. I therefore desire to call the attention of Congress, through you. to this nubJecL Very respectfuly. H. MeCULLOCH. Secretary. Hon. D. C. McRut tn, M C., HoRep.
Mr. McRUER. I Wlll merely so that than; a question arising from certain in ormalities in appointments.
Mr. STEVENS. It seems to me that a more definite bill on ht to have been drawn. to"'
Mr'. McRUL t. The Government failed for 6 or 7 months to furnish the funds there to pay the clerks in the internalrevenue dept; and it was absolutely necessary that those informalities should take place, or the office he closed.
Mr. STEVENS. What informalities? It very often happens that there is a deficiency in the money needed.
Mr. McItUER. These men were appointed, proformii, as asst assessors, without any direct authority of law for the purpose; and on account of this informality the Auditor refuses to pay the account. I now call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read the 3rd tim'e and passed.
Mr. MeltUER mtRtv the bill was passed; on the table. agreed to. MARINE HOSPITAL IN JAPAN. The next business upon The SPEAKER’s table was Senate bill No. 408, making an appropriation for the erection of a marine hospita at Yokohama, in Japan, and for other purposes; which was read a 1st and 2nd time. The bill was read at length. The 1st section provides that the sum of $10,000 is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of constructing a marine hospital for the use of the U.S., and to furnish the same with proor furniture, instruments, and medicine, at okohama, in Japan. The 2nd section provides that the said sum of money, or so much thereof as shall be necessary for the purposes aforesaid, shall be expended under the irection of the Dept of State.
Mr. LAWRENCE, of Ohio. I raise the point of order that this bill contains an appropriation, and therefore must be referred to the ComWhole on the state of the Union.
The SPEAKER. The Chair sustains the point of order, and the bill will be referred accordingly. CODIFYING CUSTOMSLAWS. The next business upon
The SPEAKER’s table was Senate JtResolution NO. 82, to provide for codifying the laws relating to the customs; which was read a 1st and 2nd time. The JtResolution was read at length. It authorizes and directs the SecyTreasury to cause to be prepared and submitted to Congress at its next session, under the direction of one member of the Senate and one member of the HoRep, each to be appointed by the Presrding Officer of the body to which he belongs, a general customs revenue law, designed to suffersede all other laws on that sub'cct, and em racin all necessary provisions for regulating the foreign and coasting trades, the assessment and collection of duties on goods, wares, and merchandise imported from foreign countries, and other subject matters immediately pertaining thereto; the expenses necessarily incurred in the prep aration thereof to be paid from the appropriation for the “expenses of collecting the revenue from customs, ” provided the said expenses shall not exceed $10,000.
Mr. MORRILL. It must be obvious to all that this is a very necessary work, almost as necessary, perhaps, as the general codification of the laws of the U.S. Itrust it will meet with no objection.
Mr. ELIOT. I desire to state that the ComCommerce have had this subject under consideration, have examined it retty fully, and are agreed that this Jtresolution should pass. This work should have been performed years ago. I have a letter here from the SecyTreasury stating the importance o the passage of this JtResolution, which I will have read if any gentleman desires to hear it. Several Linnaeus. That is not necessary.
Skip Skip The JtResolution was then read the 3rd time and passed. Mr. MORRILL mtRtv the JtResolution was passed; upon the table. agreed to. SERGEANT MILTON M’KINXON. The next business upon
The SPEAKER’s table was Senate JtResolution NO. 111, for the relief of Sergeant Milton McKinnon; which was read a 1st and 2nd time. The JtResolution was read at length. It authorizes and directs the SecyTreasury to pay to Sergeant Milton McKinnon the sum of $58 45, being the amount ofadraft drawn in his favor by Major M. L. Martin, late paymuster in the U.S. Army, on the Asst Treasurer of the U.S. in NewYork, dated March 24, 1864, and which was lost in its transmissionto NewYork; provided Milton McKinnon file a do licate of the draft, duly authenticated, with the SecyTreasury; also that the payment authorized shall not be made until Mc innou shall execute to the U.S. a bond, with security, to be approved by the SecyTreasury, conditioned to indemnify the U.S. againstall loss, cost, or damage incurred by reason of the payment hereby authorized.
Skip Skip The JtResolution was read the 3rd time and passed. Mr. INGERSOLL mtRtv the JtResolution was passed; on the table. agreed to. Illinois SOLDIERS, COLLEGE. The next business on The SPEAKER’s table was JtResolution S.No. 139, for the benefit of the Illinois Soldiers’ College and Military Academy; which was read a 1st and 2nd time.
Mr. FARNSWOItTH. I hope that this bill will be put upon its passage now. The resolution, which was read at length, provides that the SecyWar be authorized to transfer to the Illinois Soldiers’ college and Military Academy, from the surplus on hand and not needed for the public service, cots and bedding necessary to accommodate 500 persons, for the use of free stu dents in that institution disabled by the war.
Skip Skip The JtResolution was ordered to a 3rd reading, read the 3rd time, and passed. Mr. FARNSWORTH mtRtv the JtResolution was passed; on the table. agreed to. SOLOMONP. SMITH. The next business on
The SPEAKER’s table was the bill (S.No.410) entitled “An act for the relief of Solomon P. Smith;” which was read a 1st and 2nd time. The bill, which was read at length provides that there shall be paid to Solomon. Smith, late a captain in the 115th regiment of NewYork volunteers, out of any money in the Treasury not otherwise appropri uted, $260, for his pension from January 14, 1865, when he was mustered out of the service, until February 15, 1866, the date of the filing of his application for a pension with the comrPensions.
Mr. TAYLOR, of NewYork. I move that this bill be referred to the Committee on Inva lid Pensions. The motion was agreed to. ALEXANDER F. PRATT. The next business on The SPEAKER’s table was the bill (S.No.435 entitled “An act for the relief of Alexander ‘. Pratt; " which was read a 1st and 2nd time. It proposes to direct the SecyTreasury to pay to Alexander F. Pratt $680, in full for pursuing and capturing Elijah K. Jauner, convicted of counterfeiting U.S. coin.
Mr. ALLISON. I move that this bill be referred to the ComClaims.
Mr. PAINE. I understand that a bill for the payment of this claim has passed the House on 2 or 3 occasions at former sessions of Congress, and has been lost in the Senate. I believe that those members of this House who are familiar with this case are satisfied with the bill. I am not myself familiar with the facts, but I wish that the Gentfrom Iowa [Mr. ALLISON] would withdraw his motion for the reference of the bill.
Mr. ALLlSON. The SecyTreasury has at his disposal a large fund which is annually appropriated for the payment of such claims as us. There must be something pe culiar about, this claim or it would be paid by the SecyTreasury without any special authority. I would like to know what there is)OCllllflT about this case.
Mr. PAINE. Perhaps I may be able to state snlficient to satisfy the gentleman on that point.
Mr. ROSS. I make the point of order that this bill contains an appropriation, and must be referred, under the rule. to the ComWhole on the state of the Union.
The SPEAKER. The Chair sustains the point of order; and the bill mustbe so referred. ems. AMELIA rsasrsu. The next business on The SPEAKER’s table was the bill S.No. 434) entitled “An act for the relief of; rs. Amelia Foaster, of Columbia, SCarolina;” which was read a 1st and 2nd time. The bill requires the SecyTreasury to pay to rs. Amelia Feaster, of Columbia, SCarolina, $10,000, as a reimbursement for mone expended by her in alleviating the suffering o the officers and soldiers of the U.S. Army confined in the rebel pris ous in that cit during the late rebellion.
Mr. KELL Y. I move that the bill be referred to the ComClaims. The motion was agreed to.
Mr. BENJAMIN mtRtv the bill was referred; upon the table. agreed to. I. J. CURLEY. The next business on The SPEAKER’s table was the bill (S.No.433) entitled “An act for the relief of E. J. Curley;” which was read a 1st and 2nd time. The bill requires the SecyTreasury to pay toqE. J. Curley $34, 248 52, as compensation in full for corn purchased of him by Captain E. B. W. Reslieaux, asst quartermaster, on the part of the Government. Mr; CONKL NC. I move that it be referred to the ComClaims.
Mr. FARMSWORTH. It makes an appropriation, and must be referred to the ComWhole on the Private Calendar. It was referred accordingly. WASHINGTON CROSLAND. The nextbusines's on The SPEAKER’s table was Senate bill No. 431, for the relief of Washington Crosland; which was read a 1st and 2nd time.
Mr. CONKLING moved that it be referred to the ComClaims. The motion was agreed to.
Mr. CONKLING mtRtv the bill was referred; upon the table. agreed to. Miss sum MURPHEY. The next business on The SPEAKER’s tablewas Senate bill No. 413, for the relief of Miss Sue Murphey, of Decatur, Alabama; which was read a 1st and 2nd time.
Mr. CONKLING mtRtv the bill was referred; upon the table. agreed to. LEWIS DYER. The next business on The SPEAKER’s table was Senate bill No. 383, for the relief of Lewis Dryer, late surgeon of the8 1st regiment 0 Illinois volunteers; which was read a 1st and 2nd time.
Mr. LAWRENCE, of Ohio, moved that it be referred to the ComMilAffr. The motion was agreed to.
Mr. LAWRENCE, of Ohio, mtRtv the bill was referred; upon the table. agreed to. JOHN HASTINGS. The next business on ‘
The SPEAKER’s table was Senate bill No.324, for the relief of John Hastings, late surveyor and depositary of public moneys at Pittsburg; which was read a 1st and 2nd time.
Mr. MOORHEAD. I hope that billwill be put on its assa e.
Mr. WHBSO., of Iow What are the revisions of the act to which this refers? remember we had a contest over this case at the last session.
Mr. MOORHEAD. The gentleman recollects the law as well as I do. I did not know this was here until just now. I know this man suffered in the war; that he was terribly wounded and is now destitute. This is to release one of his bail, an honest, hard workin man.
Mr. WILSON, of Iowa. If ohn Hastings was disabled in the war I am willing he shall have a pension. The gentleman says he did not know this bill was here till just now. He did not know last session why the original bill was here. If we grant a pension to Hastings it is enough. The origins bill allowed him a credit for $0, 956 (32, and this allows a like credit. Now, is it proposed to cover $18,000? Why we are asked to pass thisI cannot understand. I thing it onglit to be referred.
Mr. MOORl IEAD. I move it be referred to the ComWays&Means.
Mr. WILSON, of Iowa. I do not object to that.
Mr. MOORHEAD. I ask that the committee shall have leave to report at any time.
Mr. CONKLING. I object to that. The motion to refer was agreed to.
Mr. WILSON, of Iowa, mtRtv the bill was referred; upon the table. agreed to. JOSIAH, o. amass. The next business upon The SPEAKER’s table was Senate bill No. 16, for the relief of Josiah O. Armes; which was read a 1st and 2nd time.
Mr. WINDOM. I call the previous question on the passage of the bill}?
Mr. LAWRENCE, of Ohio. The bill makes an appropriation and must have its 1st consideration in the ComWhole House on the Private Calendar.
The SPEAKER. The Chair sustains the point of order. The bill was referred accordingly. THE PORTLAND FIRE. The next business in order upon the Speak er’s table was bill of the Senate No. 428, for the relief of the sufferers by the late fire in Portland, Maine; which was read a 1st and 2nd time. The bill authorizes the President to tender to the Governor of Maine, in the name of the Queernment of the U.S., for the relief of the sufferers by the late lire in Portland, $50,000, to be used or that end in such Inn Ir l nor as he may think best. The billalso makes an appropriation of $50,000.
Mr. LAWRENCE, of Ohio.“ I move the reference of that bill to the ComClaims.
Mr. RICE, of Maine. I hope the Gentfrom Ohio will permit the bill to pass. There are now from 12 to 15,000 of the peeple of Portland homeless and houseless.
Mr. LATHAM. I rise to a question of or der. I submit that this is an appropriation bill, and must have its 1st consideration in ComWhole House.
Mr. RICE, of Maine. I appeal to the Gentfrom WestVirginia to withdraw that point of order.
The SPEAKER. Debate on the bill must take place in ComWhole.
Skip Skip The question was taken on the motion of Mr. Lawasnes, of Ohio, and it was agreed to. So the bill was referred to the ComClaims. PAYMENT or THE PUBLIC DEBT. The next business in order on The SPEAKER’s table was bill of the Senate No. 300, for the pament of the public debt; which was read a rst and secontime. Mr. MORRILL. I suppose the members of the House have noticed] this bill. suppose the House wishes to consider the bill to night. I move that it be referred to the ComWays&Means with leave to report it at any time. Mr. WILSON of Iowa. I object. Mr. MORRILL. Well, I believe we have that authority, whether the gentleman objects or not. The motion to refer was agreed to. Mr. WILSON, of Iowa, mtRtv the bill was referred; on the table. agreed to.
Mr. MORRILL. I understand the committee have leave to report the bill back at any time?
Mr. WILSON, of Iowa. I do not understand that they have a right to report back a bill of this character at any time.
The SPEAKER. The Clerk will read from the Digest, the last part of the 151st rule in reference to the ComWays&Means.
The Clerk read as follows: “And thesaid committeeshall haveleaveto report for commitmentat any time.’
The SPEAKER. The Chair thinks the committee have a right to report a bill of this character at any time.
Mr. MORRILL. I move that the bill be printed. The motion was agreed to. BIARGARETTE ANN LAURIE. The next bill in order upon The SPEAKER’s table was the bill of the Senate, No. 441, for the relief of Margarette Ann Laurie; which was read a 1st and 2nd time. The bill was read. It authorizes and directs the SecyTreasury to pay to Mar garette Ann Laurie $2, 700 for the use of her house and lot by the military authorities of the DistCol.
Mr. CONKLING. I move that the bill be referred to the ComClaims.
Mr. DELANO. I ask that the report of the Senate, which I send up, be read. The report was read.
Mr. D ’LANO. I wish to say that I have examined the evidence in this case as well as I could, and I think the evidence sustains the report of the Senate committee. These prem isos were occupied from 1862 to the termi nation of the war without any payment of rent and at very considerable damage. As to the loyalty of the claimant there can be no doubt, if the evidence can be depended upon, and I have no doubt it can be. I do not
Mr. SCOFIELD. Allow metointerru tthe gentleman with a question. I wish to now whether he is in favor of paying this woman because the Bucktail regiment of Pennsylvania. encamped n on her lot, when he refused to supporta bil for the benefit of the man who led) that regiment?
Mr. DELANO. If the gentleman has delivered himself and is easy in his mind I will state that I am in favor of this bill upon its merits, and I base my support upon its merits alone.
Mr. CONKLING. I think such a bill as this should be referred to some committee.
Mr. DELANO. This lot was occupied by the Government and no rent was paid for it. It was taken possession of by the medical dept of the Army, and it was done so illegally and irregularl that the claim could not be settled by the dept.
Mr. CONKLIPIG. I ask the gentleman, regardless of what may be the rticulur merits of this bill, whether it is not etter to refer all these claims to a committee rather than to select out a particular casein this way. I think, upon reflection, he will agree with me that the bill had better go to a committee. If it has merits it will certainlylbe reported back.
Mr. DELAi 0. There is certainly much force in the remarks of the Gentfrom NewYork. I, however, look upon this case as simply a claim for rent and occupancy by the government of the claimant’s property. It is a very clear case, and I should be glad if the House would pass it without a reference; but if there be serious objections, I will not press the matter.
Mr. CONKLING. Ifthe gentleman resses it, I will withdraw my motion; but I an mitto him that the bill really better be referred.
Mr. DELANO. My judgment is that the bill ought to be passed. That is all I can say. I leave the matter with the House.
Mr. HOTCHMSS. There are a great many cases of precisely the same character, where buildings have been taken by the Government without any order, and if we establish a precedent by passing this bill it might be danger ous. For one I would much rather it should be referred and reported on.
Skip Skip Mr. CONKLING. Then I will insist upon my motion, and upon it demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof it was referred to the ComClaims. Mr. CONKLING mtRtv the bill was referred; on the table. agreed to. ACCOUNTS OF ARMY OFFICERS.
Mr. BINGHAM. I rise to a question of privilege. I send to the Clerk’s desk a report of the committee of conference upon the disagreein votes of the 2 Houses on the bill ot the ease No. 101, for the relief of certain officers of the Arm. I ask that it be read.
The Clerk read the report, as follows: The committee of conferenceon the disagreeing votesof the 2 Houses on the amendmentsto the resolution(H.R.No. 101)forthe reliefofcertain om carsof the Army having met, after full and free conference have agreedto recommend and do recom m d. to their respectiveHousesasfollows: hat the HoReprecede from their disagrementto the amendmentsof the Senate. numbered 1, 2. 4 and 5, and agreeto the same: That the Senaterecedefrom its 3rd amendment. ALEXANDER RAMSEY, EDGAR COWAN, W. SPRAGUE, Manager onthepart of the Senate. JOHN A. BINGHAM, CILMAN MARSTON. NELSON TAYLOR Managersonthepart of the Home.
Mr. BINGHAM. I will explain to the House that the bill, as amended by the conference committee, provides for an agreement to some of the Senate amendments and a disagreement to others. The effect of the report will be to leave the bill so as to provide that in every case in which a commissioned ofioer has actu ally entered on his du, but by reason of being killed or captured by the enemy or other cause beyond his control, was not mustered into the service, the pay dept shall allow such “officer or his eirs the full pay and emoluments of his rank from the day when he actually on tered on such duty, deducting all pay that may have been actually received by such officer. It provides that in case of death, the heirs or egal representatives of the party who would have been entitled to this compensation if he had lived, shall receive it. I now call the previons question on agreeing to the report of the committee of conference.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report of the committee of conference was a reed to., Mr. BING AM mtRtv the report of the committee of conference was agreed to; on the table. agreed to. PORTRAIT OF PRESIDENT LINCOLN.
Mr. RAYMOND. I ask unanimous consent of the House to'suspend further proceedings under the order of the House for the present, until I submit a resolution for its action, the object of which I will briefly explain. Some months ago I received from the IU.S.s consul at Aix la Chapelle a letter of introduction which he had given to a Venetian artist by the name of Salviati. He inclosed a letter from that artist, from which I now send to the Clerk's desk an extract, and ask that it may be read.
The Clerk read as follows: 134Rsossr Srussrhwssr Losnos'. PT Sis: I have the honor to addressyou. throughthe linn'cClohsaepdelilnot.roduction of W. 11.Vcsey. Esq. ofAix During the deplorablewar. which has now ceased. my fellow citizens and myself ever felt the deepest ysyomurpathyfor 'our great nation; and on hearing of national crenvcmentin the death of one who will ever he remembered as oneof the world’sgreat est heroes. my establishment thought it could not bbyetpterrecsxeinirteisnsgtthootshyemApmaethriiccasnofnoautri ocnonantroyrmtreanitthaonf their deceasedPresident.executedin such imperish able materials thatitmightbe‘handed downto their posterity and over preservein their memoriesthe greatnessand recollectionsof Abraham Lincoln. Promptedbysuchheart felt emotions.aportrait of brains beenexecutedin enamel mosaic.at my establishment in Venice.andnowwebegits acceptance by the U.S. coplo. as a small token of our deepestsympathiesWith themin their berenvcment and as an expression of our unqualified admiration poofrtthreaictharacateroaf the agreaatmaan reporesesntedaby the Should this favor be denied me. I would beg that the portait maybeacccptedbythe American people, and placed in one of their great undadmirableinstitutions. whereit may beseenby all true Americans. who may rest assuredthat 1,000 years hence the great President‘s portrait will be as perfect as when 1st executed.if uninjured by accidentor will fuIl damage. have the honor to be. sir, your most obr rlient servant. A. SALVIATI. Hon. Hssnv J. RAYMOND. Member of the hoRep.
Mr. WILSON, of Iowa. I move that the amendments be concurred in. The motion was agreed to. PROTICTION OF THE REVENUE. The next business on The SPEAKER's table was Senate amendments to the bill H.R.No. 780,) entitled “ An act to protectt e revenue, and for other purposes.”
Mr. MORRILL. Several of the amendments to this bill are important, while others are merely vcrbal. I move that the House non-concur in all the amendments, and ask the appointment of a committee of conference.
Mr. WILSON, of Iowa. It is not I suppose, that all these amendment escesshsoauryd be read; but there is one strikiii out the 9th section of the bill which I thin r ought to be concurred m ‘and as I shall ask a separate vote on it. re nest that it may be reported. The Clerk rea the followmg amendment of the Senate: Strike out the 9th section of the bill. As follows: Abife: that in determiningthe dutisble value of imported merchandise there shall be addedto the cost or to the actual wholesaleprice or general market value at the time of exportation in the principal markets of the country fromwhenc the same shall have been imported into the U.S. lsii.p tnhiecnct.osWt itohf atrllantlsicpoerxtapteine nse. ssihnicplumdeendt.fraonmd the place of growth. production, or manufacture. wshhieptmheenr tbiys mlaandde to the U.S.; stchleinyawluhcicohf gthoeosdasck. box or covering of ariy kind in which such are contained: commissionat the usual rates. butiu no case less than 2 and a half%. brokorage. export duty and allpther actualor usua charges for putting pp. preparing and acking for transportation or shipment. And all cinr es of a general character incurred in the purchase ot a a general invoice E'lllllfbfl distributed prorata among all parts of such iiimice; andevery part thereofcharged winigth duties based on value shall e advanced accord to its proportion and all wines or other articles paying specifieduties by odes shall be graded and pay duty according to this actual value so deter mined: Prom'drd, That all additions made to the enteredvalue of merchandise for charges shall be regardedas part of the actual value of such merchandise, and if such addition shall exceed by ten%.the value so declared in the entry. in nddition to the dutiesimposedbylaw there shall be low ied collected and Mid a dutyof 20 percent .on such value: Pruvi ed, That t ic dutyshu l iniiocase be assessed upon an amount lessthan the inv0ice or enteredvalue.
Mr. MORRILL. I trust the House will consent to non-concur in all the amendments of the Senate. I do not consider the matter of an great importance; but it seems to me that the best way would be to allow the whole subject.to go to the committee of conference.
Mr. WILSON, of Iowa. If we non-concur in the amendment of the Senate to strike out the 9th section, of course the managers of the conference on the part of the House would feel bound to insist on the retention of that section. I think it ought to be stricken out. It provides for a general increase of duty on imported goods. It is really an indirect way of revising the tariff. On many articles the increase of duty will be considerable. I ask the House to concur in this amendment, inas much as the Gentfrom Vermont says it is unimportant and he does not care about it. I want to place it beyond doubt.
Mr. MOItItlLL. The Gentfrom Iowa is mistaken if he supposes this will have the effect of making a real;difference in the tariff. It is not true in relation to some articles that the duty will be considerable. To be sure it would add a little on wool, and on other articles not subject to specific duties. However, as I have already said, it is not a section about which I feel tenacious, but I hope the House will non-concur in all the amen merits of the‘ Senate and let the whole subject be referred to' the committee of conference.
Mr. WEN TWORTH. As the Gentfrom Vermont has alluded to the subject of wool we may as well have the whole story; The understanding was that this should be a compromise tariff. We were to send nothing over to the Senate which they could object to; but, sir, no sooner was this bill over there than this class of men who are constantly crying for protection for themselves and careless of the destruction of others went over to that body and acted with that ferocity with which they have always hunted down the producers of the West. In this you have an explanation of the whole matter. The Senate were willing to strike out the 9th section, to which allusion has been made; and I callthe attention of our agricultural friends to the fact that the time has come when we should strike for our freedom from these manufacturers., If protection be a good thing, let the wool growers have a share of it.
Mr. GARFIELD. Mr. Speaker, I am not one of those who see an intrigue covered up in every proosition presented to my mind, and therefore? do not see under this small amount of meal any very large sized cat. [Laughten] It seems to me the purpose of the committee was a plain one, and one not at all complicated by ulterior purposes. The fact was this: in different countries, from which products are shipped to the U.S., different prac tices prevail. Some men go far into the inte rior and buy to ship. Sometimes they buy at the dock at a foreign port. Sometimes they buy before the port charges are paid, and some times they buy afterward. They buy under all these conditions and in all these different situations and the question naturally arises when the duty shall be laid, whether on the price of the article 200 miles in the inte rior, or 100 miles, or at the port, or if at the port, before the charges are paid or afterward? Shall it include transportation or exclude it? We wanted to get some uniform rule as to the conditions under which the duties should be levied on these different articles. If, when it got to the Senate, it fell among thieves who expected to find something else in it, we, of course, are not to blame for that. I am willing it should go to the committee of conference. I do not think the House will be frightened or aroused to a great'pitch of ani mosity if it should give some measure of protection to some classes of our interests, because I think the House bya very large majority has already shown its willingness to give them protection. I he c it will go to the conference committee and) be a part of the whole plan before them.
Mr. WILSON, of Iowa. I ask the gentleman to Yield to me for a moment.
Mr. OltItILL. I withdraw it for that purpose.
Mr. WILSON, of Iowa. My objection to sending this section to the committee of conference is that it places in the hands of that committee the entire subject of a tariff. Here we are at the close of the session, and as the Gentfrom Illinois [Mr. WENTWORTH] says, the western interests have been cheated time and time again in‘ these tariif acts and we may be most desperately cheated during this session. Now, sir, let it go out entirely, so that the subject shall not be sent to a committee of conference.
Mr. MORRILL. I do not understand what the Gentfrom Iowa means by saying that the Vest has been cheated.
Mr. WILSON, of Iowa. the Gentfrom Illinois.
Mr. MORRILL. I think you are the responsible indorser.
Mr. WILSON, of Iowa. Very well; if the gentleman insists upon it I will become responsible, and I will tell the gentlemau what I mean by it. I mean that in tearrangement of the tariff laws of this country the western interests have not received that share of protection which other interests have reeeiv.
Mr. MOItRILL. If they have not received that share of protection it is simply because they have not as much of manufactures of iron, eOpper, cotton, and wool. They have the same identical protection on whatever they produce.
Mr. whSON, of Iowa. We have different interests.
Mr. WILSON, of Iowa. They could agree with various amendments.
Mr. WILSON, of Iowa. Pertinent to the subject of the bill which relates to duties.
Mr. MORRILL. Certain things would be ertinent and others not. The Gentfrom own knows very well that in a committee of conference we cannot have all we ask on the part of either House. Both must give up something. That is the usual practice.
Mr. WRIGHT. Iinquire what the manufacturers give up on their side by way of compromise.
Mr. MOORHEAD. I call the attention of the House to the fact that it has passed this section twice. It was in our original tariff bill, and it was discussed here and adopted. The Senate ostpoued that bill. It was afterward put in e next bill which passed the House, and went to the Senate; and now when it appears that the Senate has stricken it out, are we to back down without meeting the issue and say we will not talk about it? I hope the House will refuse to concur in the Senate’s amendment. I think the section is an exceedingly important one and I should be very sorry that it should be given up. As the subject of the tariff appears to have been postponed for this session this will afford a little relief in some cases. I trust, therefore, that the House will refuse to concur in the amendment of the senate.
Mr. MORRILL. I move the previous q'uestion on the motion to non-concur, and ask a committee of conference on all the flmclld' ments of the Senate excepting that in relation to the striking out of the 9th section, upon which a separate vote seems to be desired.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof Mr. MosaiLL’s motion was agreed to. The question recurred upon concurring with the Senate in striking out the 9th section of the hill.
Skip Skip The question was put, and there were ayes 48 noes 48.
Mr. WILSON, of Iowa, demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 50, nays 68, not voting 76; So the amendment of the Senate was not concurred in. Mr. MORRILL mtRtv the amendments of the Senate were non-concurred in; on the table. agreed to. wan CLAIMS OF MASSACHUSETTS. The next business in order was the consideration of the JtResolution of the Senate No. 12], providing for the examination of the accounts of the State of Massachusetts for moneys expended during the war for coast defenses. The JtResolution was returned from the Senate, the Senate non-concurring in the amendment of the House.
Mr. DAWES. Imove that the House recede from its amendment. The only question is whether these accounts shall be audited and settled by a commission or by the SecyWar. It is not worth while to contend with the Senate upon such a point; and I move the' previous question on my motion.
Mr. ROSS. I move to lay the whole subject upon the table. vMr. DAWES. I trust the accounts of the State of Massachusetts will not be treated differently from those of other States. The reason why the Senate non-concurred in this amendment was because all the accounts of other States had been referred to commissions.
Skip Skip The question was taken on Mr. Rose’s mo.tion, and it was disagreed to. So the House refused to lay the subject upon the table. The question recurred upon Mr. Dawss's motion, that the House recede from its amendment; and being put, the said motion was agreed to. Mr. DAWES mtRtv the motion to recede was agreed to; upon the table. agreed to. LOUISIANA AND CALIFORNIA DISTRICT COURTS. The next business on The SPEAKER’s table was the dies reement of the Senate to the amendments of the House to Senate bill No. 179, in relation to the district courts of the U.S. in the States of California and Louisiana.
Mr. WILSON, of Iowa. I move that the House insist upon its amendments to the bill of the Senate.
Skip Skip The motion was reed to. Mr. WILSON,0 Iowa, mtRtv the House insisted upon its amendments; on the table. agreed to. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled bills and Jtresolutions of the followingtitles; when the Speaker signed the same: An act (S.No.149) ibr the relief of Daniel Winslow; An act (8. No. 164) for the relief of Alois aus An hot (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad, and its extension to Red river; An set (S.No.297) for the relief of the owners of the British vessel Magicienne; An act (S.No.352) granting to A. Sutro the right of way and grantin other privileges to aid in the construction 0 a drainin and exloring tunnel to the Comstock lo c, in the State of Nevada; An act S.No. 861) to authorize W. J. Sib ley and ot ers, trustees, to sell and convey lot 'No. 9, in square No. 76, in the city of Washington; An act. (S.No.374) for the relief of James P. Johnson; An act (S.No.382) to change. the place of holding court in the northern district of Georgia; An act (S.No.885) for the relief of Thomas W. Stevens; An act (S.No.414) to regulate the times and manner of holding elections for Senators in Congress; A JtResolution (S.R.No. 39) to refer the claim of the administrator of Richard W. Meade, deceased, to the Court of Claims; AJtResolution (S.R.No. 79) to authorize the purchase for the Libra of Congress of the law library of James L. gettigrn, of SCarolina; and A JtResolution (8. R. No. 93) providing for the appointment of a commissioner to examine and report upon certain claims of the State of Iowa. CALIFORNIA VOLUNTEERS.
Mr. HIGBY. I ask unanimous consent of the House to submit the following resolution for consideration at this time: toRiensfoolrvmed thTchaHtotuhsee Secretary why the CoafliWfoarnriahe requested in volunteers statthioen U.S. seerrwiiccecidnutrhine :'It‘hoerrliattoer imreobfcAlliroin‘. Soon NewMexico. apdUtah, Wercmusteredout and lfan discharged from servicein saidTerritories, and what transportation was furnished to oachpf said sfoorldniiear.s to enablehim to return to his home in California
Mr. ANCONA. I think the ComMilAffrs already has all the information re aired on that subject.
Mr. HIGBY. It will do no harm to have this information. I think the resolution had better be passed.
Skip Skip The resolution was agreed to. Mr. HIGBY mtRtv the resolution was agreed to; on the table. agreed to. LnAvs or ABSENCE. Mr. DAVIS asked and obtained leave of absence for himself for the remainder of the session after tomorrow night. Mr. HOGAN asked an obtained leave of absence for his colleague, Mr. NosLL, for the remainder of the session. Mr. BAKER mked and obtained leave of absence for his colleague, Mr. THORNTON, for the remainder of the session. SUFFBAOBIN THE DISTCOL.
Mr. FARQUHAR. I ask unanimous consent to submit the following resolution for consideration at this time: Whereasthe ComDistCol his of this House was instructed on the 29thday of January JSM, asfollows, toWit: “Resolved, That the ComDistCo be instructed to report an amendmentto the election laws of the DistCol excluding from the privilege of suffrage within suid District all persons who have voluntarily borncarmsagainst the U.S or accepted office from the rebels during the late rebellion." And whereas the said conimittee have omitted or neglected to niliruiutively respond to the imperative instruction sof this House: flierefore Resolved. That tho ComDistCol be and they are hereby, again instructed to report to this House Without delay, as instructed bysaid resolution.
Mr. ELDRIDGE. I object. NAVIGATION or NEWARK BAY, ETE.
Mr. WRIGHT. I ask unanimous consent to submit the following resolution: Hem/ued, That the SecyNavy be requested to appropeoemetdato suNietawbalreko. iilnictchre, whos State of NewJersey and examine into the condition of the novi of Newark bay and the navigation of the mouths of the Passaic and llackensack rivers and whether the same needs improvement and report the result of such examinationto this House on the 1st Monday in Decembernext.
Mr. ELDRIDGE. I object. And then, on motion of Mr. ALLISON, (at ten o’clock p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions.510.w. erepresented pnder the rule and referredto the appropriatecommittees: By Mr. NIBLACK: the ruemorinlpf John llicks, late a private in companyI), 58 h regiment Indiana volunteers, praying a pension. Mr. RICE, of Massachusetts: the fictitious T. of PoaloJmd Ziothers, and Jumps A. Iardic and 8 others, for a publicpark for the cities of Georgotown and Washington.
@@@IN SENATE SENATE. WEDNESDAY, July 25, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of mr. POMEROY, and by unan imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPniinsoN, its Clerk, announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the amendments to the JtResolution (H.R.No. 101) for the relief of certain officers of the Army. The message further announced that the HoRep had receded from its amendment to the JtResolution (S.R.No. 121) providing for the examination of the accounts of the State of Massachusetts for money expended during the war for const defense. The message also announced that the HoRep insisted upon its amendment to the bill (S.No.179) in relation to the district courts of the U.S. for the States of California and Louisiana. The message further announced that the HoRep had passed the following resolution; in which it requested the concurrence of the Senate: Resolved.(the Senate concurrink.) That Congress accepts the portrait of Abraham Lincoln. presented by SignorSalviati. of the city of Venice with thanks to the donor, and that the ortrait beplacedfor safe custodyin the Library of oiigress. ENROLLED BILLS SIGNED. The message also announced that
The SPEAKER of the HoRep had signed the following enrolled bills and JtResolutions; which were thereupon signed by the President protempore: A bill (S.No.149) for the relief of Daniel Winslow; A bill (S.No.164) for the relief of Alois Klaus; A bill S.No. 285) granting lands to the State of ansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river A bill (S.No.297) im the relief of the owners of the British vessel Magicienne; A bill (S.No.352) granting to A. Sutro the right of way and granting other privileges to aid in the construction of a draining and exloring tunnel to the Comstock lode, in the State of Nevada; A bill (S.No.361) to authorize W. J. Sib ley and others, trustees, to sell and convey lot No. 9, in square No. 76, in the city of “ashington; A bill (9. No. 374) for the relief of James P. Johnson; A bill (S.No.382) to change the place of holding court in the northern district of Georgia; A bill (S.No.885) for the relief of Thomas W. Stevens; A bill (S.No.414) to regulate the times and manner of holding elections for Senators in Congress; A Jtresolution (S.R.No. 39) to refer the claim of the administrator of Richard W. Meade, deceased, to the Court of Claims; A JtResolution (S.R.No. 19) to authorize the purchase for the Library of Congress of the law library of James L. Pettigru, of SCarolina; and A JtResolution (S.R.No. 93) providing for the appointment of a commission to examine and report upon certain claims of the State of Iowa. SENATE CONTINGENT FUND.
The PRESIDENT protempore laid before the Senate a report of the SecySenate, communicating, in obedience to law, a detailed statement of the payments from the contingent fund of the Senate for the year ending December 3, 1865; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate. SENATOR FROM KANSAS.
Mr. POMEROY presented the credentials of Hon. Enuusn G. Ross, appointed a senator by the Governor of the State of Kansas, to fill the vacancy occasioned by the death of Hon. James H. Lane, until the next meeting of the Legislature of that State. The credentials were read, the oaths prescribed bylaw were administered by the President o tempore to Mr. Ross, and he took his seat in the Senate. Senfrom TENNESSEE.
Mr. SHERMAN presented the credentials of Hon. Jossrn S. howucn, chosen a Senator by the Legislature of the State of Tennessee, for the term of 6 years commencing on the 4th day of March, 1865. The credentials were read, the oaths rescribed by law were administered to
Mr. ‘ow um, and he took his seat in the Senate. AGRICULTURAL REPORT.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print the Agricultural Report, have instructe me to report it back with an amendment, and I ask for its present consideration. There being no objection, the Senate proceeded to consider the resolution, as follows: llcooloed, That therebe printed for the useof the Senate 10,000 extra copiesof theReport of the Commissmner of the accompanyinAggoriccuumltuernetsf or the year 1865 with The amendment of the ComPrintg was, in line two, to strike out “ten” and insert “ 17, ” and at the end of the resolution to add, “and 3,000 extra copies of the same for the use of the Dept of Agriculture;” so that the resolution will read: remlved. That there be printed for the useof the Senate 17,000 extra copiesof the report of the lemmissioner of Agriculture for the year 1865. with accompanying documents and 3,000extra copies of the some for the use of the Deptof Agriculture.
Skip Skip The amendment was agreed to. The resolution, as amended, was adopted. FINAL ADJOURNMENT.
Mr. FESSENDEN. I wish to call up the resolution from the HoRep, now upon the table, fixing the day of adjournment for today. It should be acted upon this morning, I believe. I move to take it up. The motioh was agreed to; and the Senate proceeded to consider the following resolution, which was passed by the HoRep on the 18th instant: HI solved.(the Senateconcurring) That the President of the Senate and
The SPEAKER of the ll HoRep be authorized to clos the present sessionby 'ourning their respective useson the 23thday of uly, at 12 o’clock meridian.
Mr. FESSENDEN. I move to strike out “the 25th” and insert “the 27th.” Today is the 25th. I believe.
Mr. FESSENDEN. I will make a motion for the 27th and Senators, if they choose to do so, can move to amend the motion. I will also i“nclude in my motion to strike out the words at 12 o’clock meridian. ” It may be necessary to go a little bevond that time.
The PRESIDENT protempore. The Senfrom Maine moves to amend the resolution by striking out “ 25th” and inserting 27th, " and also by striking out after the word “July” the words “at 12 o’clock meridian;” so that the resolution will read: Remluetl, (the Senateconcurring.) That the President of the Senate and The SPEAKER of the hoRepbe authorized to close the present sessionby udiourning their respective Houseson the 27th day of July.
Mr. SUMNER. I move to amend the amendment by substituting the 30th. That will be onda.
Mr. EESSENDEN. I wish to observe that I moved to strike out the words “at 12 o'clock meridian ” for the reason that I thought it very doubtful whether we should be able to get through by that time. I know in the former practice here when aday has been fixed for an adjournment it has been considered that the day lasts, if necessary, until the next day at.noon. Now, if you insert the hour, the adjournment must be at that hour. When we adjourn the 2nd session, the Congress expires on the 3d or 4th of March at 12 o'clock, and the 2 Houses must be adjourned when that hour ar rives; but, according to my recollection, when we fix a day of adjournment for the 1st session it has not been the custom to fix the hour. I suppose if the hour was fixed, when that hour arrived it would be necessary to carry the order into effect. I think it would be rather danger ous to fix Friday at 12 o’clock meridian, because we may not be quite finished by that time. But if it is necessary to fix the hour, I think ierhaps another day might be better. I should like to inquire of experienced Senators whether it is absolutely necessary. I think the Chair will be able to inform the Senate.
Mr. SHERMAN. The Constitution, every other session, fixes the day of adjournment on the 4th of March. No hour is fixed. Some times it has been continued until the close of the session on that day. That has been the established precedent, and therefore it is not necessary, in the order, to fix the hour, because the Constitution, which provides for the adjournment every other session, does not fix the hour. It fixes the day, and the day is construed to mean until the termination of the session of that day. I think the Senfrom Maine is correct; and if the hour is not fixed we shall have the benefit of Friday's session. As a matter of course, when the business is done a resolution is usually sent from one House to the other, asking i there is any further business, even where the hour is fixed.
The PRESIDENT protempore. It is the impression of the Chair that the practice has been uniform to fix the hour for the adjournment at the long session, the Constitution fixing it at the short session.
Mr. FESSENDEN. My recollection about it is, that we fix simply the day.
Mr. SHERMAN. It is usual to fix the hour, the Chair says. The)rccedent may be that pay; but I do not thin there is any necessity or H
Mr. FESSENDEN'. I think we have within my experience, on more than one occasion, gone over from the day fixed in fact to the next pay at noon before we adjourned, because the business was not finished, and it was absolutely necessar to continue the session.
Mr. SUMNER. I think that is always at the close of the short session.
Mr. FESSENDEN. No; at the short session we must adjourn at a particular time, because the Constitution adjourus us.
Mr. TRUMBULL. But we may adjourn a short session before that time.
Mr. TRUMBULL. We have not always sat at the short session until 12 o’clock of the 4th of March.
Mr. FESSENDEN. I never knew it otherwise. I never knew an adjournment until 12 o'clock arrived on the 4th of March; that is when the Congress expires, and of course it must adjourn then.
Mr. TRUMBU LL. I think it has not always been so.
Mr. SUMNER. If we adjourn on Monday at 12 o’clock, that will allow time for the enrolling of the bills.
Mr. FESSENDEN. They can be enrolled before that.
Mr. SUMNER. There is always a great pressure of that kind at the end of the session, and taking till Monday will enable us also to finish a great deal of business that is pending. I hope that we may yet take up the bankrupt bill. I do not despair of that. I hope my friendfrom Vermont will not let the bankrupt bill go over this session. I will ask him if he proposes to abandon the bankrupt hill during the remainder of this session. If we adjourn on Friday, that will be equivalent to an aban donment of the bankrupt bill. If we sit here until Monday or later, we may take up that bill and proceed with it to an end. I do not.think we ought to adjourn until we have finished that. lJlll.
Mr. POLAND. I supposed that the vote which was taken the other day on the question of taking up the bankrupt bill and laying that motion on the table was regarded as final for this session; but still I should be very glad to have the bill passed and very willin to remain here long enough to have it passe, if that is the sense of the Senate.
Mr. GRIMES. If we agree to adjourn on Monday or Friday or Saturday, the appropriation bill now pending will drag its slow length along for 3 days; and if we agree to adjourn tomorrow at 12 o’clock the bill will be passed, and it will be in just as perfect a shape when we pass it and all of our other business will be just as well disposed of as if we sat here for a week. I am in favor, instead of length ening the time, of shortening it.
Mr. POMEROY. I do not see how we can tell at this moment whetherwe can adjourn on Friday or not. There are some bills that it is more important to pass than it is to adjourn, I am sure, and particularly the one which the Senfrom Ohio [Mr. WADI J] has given us notice of, for the admission of Nebraska, and I think we ought not to adjourn until that is passed. There are some measures pending of such public importance that I do not think we can justify ourselves in going away until they are disposed of, and we do not know at this moment whetherwe can assthem or not by that time. I of course shal vote for the amendment of the Senfrom Massachusetts.
Mr. CONNESS. With my observation of the business of the Senate, it is clear to me that Monday would be the best day to fix. I think we can get through by that time. It will leave sufficient time intervening to get up all the important business. Whether the bankrupt bill shall be included in that or not will be for the Senate to determine. There is another appropriation bill in addition/to the one that is now pending to be considered; and Icannot agree to the argument of the honorable Senfrom Iowa that no matter how short a time we fix, the business will be equally well done. If that be the case, we might adjourn at noon today or tomorrow.
Mr. GRIMES. I did not say so, in the 1st place.
Mr. CONNESS. Then I misunderstood the Senator. I hepe that the amendment will be adopted. I think Monday will be a good time to adjourn.
Mr. FESSENDEN. I hardly think that we. can get through tomorrow, as suggested by my friendfrom Iowa. In addition to the miscellaneous appropriation bill, which is not. yet finished, there is a deficiency bill coming from the HoRep w'hich it is necessary to act it on and the HoRep have isagreed to our amendments to the revenue bill, and there has to be a conference on that. Those, in my judgment, are all the measures that are absolutely necessary, because they are all that come from the ComFinance. What others there may be it is for others to say. But those are all in the shape of appropriation bills that it is, I think, absolutely essential to pass before we adjourn. Perhaps we can get through on Friday. I was disposed to fix Friday on the supposition that if we did not get through by noon on that day, our session on Friday, being fixed generally. would last until we adjourned. I am informed by the Chief Clerk that an hourhas always been fixed at the long session. If that is so, I suppose that is the ordinary rule.
The PRESIDENT protempera. The recol lection of the Chair is that the hour has always been fixed, but it has frequently been the practice of the 2 Houses, by a concurrent resolution, to protract from hour to hour, sometimes for several times, the length of the session.
Mr. TRUMBULL. whhen the hour is fixed, my recollection is we have often postponed the hour bya concurrent resolution from one House to the other. I think it might as well be left at 12 o’clock, and if there is occasion, when that hour is nearly arrived, for prolonging the session, we can do it by a concurrent resolution.
Mr. FESSENDEN. I will vary my motion so as not to strike out the words “at 12 o’clock meridian, ” and then it is for the senate to decide whether Friday is the proper day for an adjournment.
The PRESIDENT proiempore. The question is on the amendment to the amendment striking out “ the 27th” and inserting “ the 30th.”
The PRESIDENT protempore. The question is on the amendment to the amendment striking out “the 27th” and inserting “the 30th.” Mr. SU.INER and Mr. WADE called for the yeas&nays, and they were ordered; and being taken, resulted years 15, nays 25; So the amendment to the amendment was rejected.
The PRESIDENT protempore. The question now is on the amendmenh of the Senfrom Maine.
Mr. FESSENDEN. As the hour of adjournment is now fixed at 12 o’clock meridian, and the 2 Houses must be adjourned at that time, I doubt whether we can finish up by Friday. I suppose we could do it sometime in the course of the night or next morning, but all these bills must go to committees of conference and, necessarily, that will take some time; and I doubt very much whether we can ct through before Saturday. That is my opin lOfl about it.
Mr. JOHNSON. You had better say Satur day at 12 o'clock.
Mr. FESSENDEN. For that reason I will change my motion, and say “the 28th, at 12 o'clock meridian.”
The PRESIDENT o tempera. The amendment will be so mo ified, by inserting “the 28th” instead of “the 27th.’
Mr. SUMNER. Before that is adopted I wish to call the attention of the Senate to the business that is before it. The Senfrom Iowa has told us that the appropriation bill now under discussion could be disposed of in a short time as well as in a long time. Now, sir, there are at this moment pending on that bill some of the most important propositions that Congress has ever been called to entertain propositions which admit of much, discussion, which, indeed, require much discussion for their proper elucidation. I might mention severa propositions, anyone of which in the ordinary course of business would oc copy a full week; and yet we are expected to take a dozen such propositions right off, with hardly any discussion, with no time for reflection, but close the whole bill up suddenly, almost without a word. Sir, I do not think. that is the proper way of prosecuting such important business. I do not think the Senate is just to itself or just to the country. I think we ought to stay here until all this important business is thoroughly considered and finally acted on. Now, that clearly cannot be done at the time proposed. I regret, therefore, that such a proposition is brought forward. If I could have my way, I would ost one the adjournment much further than in the motion that I made, and which has already been voted down. I think we ought to stay here much longer. Indeed, we ought to stay here until some important measures now pending before the Senate have been dispose of.
Mr. SUMNER. There is the bankru t bill for one. That ought to be taken up an considered. Then the various propositions that have been made on this miscellaneous appropriation bill ought to be carefully considered, much more carefully considered than they have been. For instance, last evening we had sud denly moved upon us one of the most important bills of the session, the equalization of the boun ties; It was discussed very briefly, impatiently, certainly without reaching the merits of the question. I think that no one who was here last night imagines that that measure had any adequate discussion. There was a vote upon it. I do not know whether that vote can be regarded as definitive or not. Probably it addressed itself to the particular condition of the proposition at the time, having been already amended on the motion of the Senfrom Iowa. so that many persons who were favora bly disposed to the original bounties bill probably became disaffected to it, and then the question came up on a proposition to attach it to an appropriation bill. I has not been considered on its merits. I nierely refer to it as one of the measures pending before us. Then there is the other proposition, involving millions of money, of c arity to the people in'Louisiana and Mississippi, in order to restore their levees. That proposition ought not to be acted upon hastily or impatiently. I think, therefore, we ought to stay, I would say indefinitel, in order to consider these questions; an though I am against the propositions which the Senfrom Ohio [Mr. WADE announces so earnestly that he is determine to ress. I am for giving him full time.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Maine to strike out “the 25th, ” and to insert “the 28th."
Mr. CHANDLER. I call for the yeas&nays on the adoption of the resolution as amended. The yeas&nays were ordered.
Mr. TRUMBULL. I am sorry that the Senfrom Maine changed his proposition. If we are going to adjourn at all, we might as well adjourn on Friday as on Saturday, the last day of the week. Unless Congress proposes to sit here indefinitely, as suggestedby the Senfrom Massachusetts, we can get through with all the necessary business to be done y Friday noon as well as Saturday noon, which brings us to the close of the week. I am sorry he has changed it. I should prefer voting for it as the Senator 1st proposed it.
Mr. FESSENDEN. It was my individual Opinion that we could not very well get through before Saturday. If Senators differed with me on that point they could have voted otherwise. I made that alteration on my own suggestion because I doubted very much whether we could dispose of our business by Friday at 12 o’c ock. Ifthe Senate are of opinion that they can do so, I suppose it is not too late to reconsider the amendment. The question being taken by eas&nays, resulted yous 29, nays 13; 8. So the resolution, as amended, was adopted. lu zron'rs rnon connrrrnns.
Mr. WADE. I now move to proceed to the consideration of Senate bill NO. 447, for the admission of Nebraska into the Union.
The PRESIDENT protem ore. Reports from committees are 1st in order.
Mr. GRIMES, from the ComNavAffrs, to whom was referred the petition of the North American Ressel Company of NewYork city, praying for an appropriation by Congress, to aid in the erection of a menument at the national capital to the memory of Joseph Ressel, the inventor of the screw in steam navigation, reported that the committee be dischargedfrom the further consideration thereof an that the petition be postponed in definitely. The report was agreed to.
Mr. GRIMES. The same committee, to whom was referred a bill (S.No.448) to credit sea service to the officers of the Navy who have served during the war to suppress the rebellion, who may have resigned prior to the rebellion, have instructed me to re art it adversely and to ask that it be indefinitely postponed. As the committee understand it, all that is provided for in the bill is already accomplished by the law as it now stands. I therefore move its indefinite postponement. The motion was agreed to.
Mr. ANTHONY, from the ComPrintin, to whom the subject was referred, reporte a bill (S.No.460) to further regulate the printing of public documents and the ur chase of paper for the public printing; which was read and passed to a 2nd reading.
Mr. I'IEND tICKS, from the ComJudiciary, to whom was referred a petition of citizens of NewOrleans, Louisiana, praying for relief in the matter of certain assess ments made upon them by order of Major General B. F. Butler in August, 1862, asked to be discharged from its further consideration; which was agreed to.
Mr. HENDRICKS. The ComNavAffrs, to whom was referred a petition of officers and seamen formerly in service in the Mississippi squadron, praying that they may ‘1 be allowed prize money on captures made by, them. have directed me to ask to be dischargedfrom its further consideration. I will state that I was requested by the committee to preparea written report on this subject, butin the ress me of business it has been impossible or me to do so. The report was agreed to.
Mr. VANWINKLE, from the ComPensions, to whom were referred the following bills and JtResolution, reported them severally without amendment: A bill (H.R.No. 794) for the relief of Fran cis Colgen; A bill (H.R.No. 797) for the relief of Dan iel Lucas; A bill (H.R.No. 798) for the relief of Quincy A. May; A bill (H. It. No. 800) for the relief of may rion M. Buxton; and A JtResolution (H.R.No. 194) authorizing the SecyInterior to pay to Charles M. Pot ta pension of 15 dollars permonth.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (S.No.449) authorizing special juries in the DistCol, reported it with an amendment.
Mr. HARRIS. I am instructed by the ComJudiciary, to whom was referred a bill (S.No.406) for the removal of causes in certain cases from State courts, to report it l back without amendment and recommend its passage; and as this is a bill of some importance to suitors, I ask that it may be considered now.
The PRESIDENT protem ore. It requires unanimous consent to consider the bill on the day it is reported.
The PRESIDENT protempore. Objection being made, it lies over under the role.
Mr. SPRAGUE. I am directed by the ComMilAffr and the Militia, to whom was referred a bill (H.R.No. 792) to authorize the SecyWar to furnish transportntion to discharged soldiers to whom arti hcial limbs are furnished by the Government, to report it back without amendment; and as this is a bill of but 3 or 4 lines, I ask for its present consideration.
The PRESIDEN'I proiem ore. Objection bein made, the bill cannot e considered on the ay‘it is reported.
The PRESIDENT protemporc. It is not debatable. The objection of any Senator car ries it over.
Mr. RAMSEY. The ComPostOffices, to whom was referred aJtResolution (H.R.No. 193) authorizin the transmission through the mails, free 0 postage, of certain certificates by the adjutant general of NewJersey, have directed me to report it back without amendment and I ask for its immediate consideration. It is a very simple bill, providing for the transmission through the mails of certain certificates issued to soldiers in the State of NewJersey, to which there can be no objection.
The PRESIDENT protemporc. Objection being made, it lies over under the rule.
Mr. TRUMBULL. The ComJudiciary, to whom was referred a bill (H.R.No. 755) amendatory of an act to amend an not entitled “An act relating to habeas'corpus, and regulating judicial proceedings in certain cases, " approved May 11, 1866, have instructed me to report it without amendment, and rec ' ommend its passage, and not to ask for its present consideration. [Laughter]
The PRESIDENT protempore. be considered. [Laughter] APPROVAL 01"BILLS.
Skip Skip A message from the POTUS, by Mr. Moons, his Secretary, announced that the President had aproved and signed 0n the 23d instant an act (S.No.343) to quiet land titles in California. On the 24th instant be approved and signed an act (S.No.357) to aid in the construction of tele rapli lines, and to secure to the Government no use of the same for ostal, military, and other purposes. And he t iis day approved and signed an act (S.No.'269) to define the number and regulate the appointment of officers in the Navy, and for other purposes. COMMITTEE ON VENTILATION.
Mr. BUCKALEW. I offer the following resolution, and ask for its present consideration: Resolved.That the selecteommitteeupon the ventilation and sanitary condition of the Senate wing of the Capitol be continuedfor the next session of Congress.
The PRESIDENT protemporc. Objection being made, the resolution lies over under the in c. It will not EQUALIZATION of BOUNTIES.
Mr. BUCKALEW. I offer the following resolution, upon which I desire action at the present time, if there is no objection: lt‘ezolcedT, hat the ComMilAffrs and thoMilitia be instructedto report to the Senate floor itthseaacl the ownasnocmeeofapapdrdoiptiroinaatel bbiollunotries amtoendment in the recent war soldiers who entered the milltnryservico in 186land'1862a.nd in the early part of1863, and it gigbel.bein orderfor said committeeto report at any
The PRESIDENT protempore. It requires unanimous consent to consider the resolution at the present time.
The PRESIDENT protempore. Objection being made, the resolution lies over. ADMISSION or NEBRASKA.
Mr. CHANDLER. I now move to call up the resolution offered by me yesterday, with a view of referring it to the ComForRel.
The PRESIDENT ro tempore. If there be no further morningbusiness, the motion of the Senfrom Ohio is before the Senate, to proceed to the consideration of Senate bill No. 447.
Mr. RAMSEY. Does that require unanimous consent? Laughter]
The PRESIDE T protempore. It does not. It requires a majority of the members present. But no Chair is advised that no such bill has been reported to the Senate.
Several Senators. It was reported yesterday.
The PRESIDENT protempore. The Senfrom Michigan [Mr. CHANDLER] moves that the Senate proceed to the consideration
The PRESIDENT protempore. There is no such bill reported.
Mr. WADE. It was reported yesterday. I made the report yesterday.
Mr. POMEROY. It was reported at the evening session.
Mr. WADE. Yes, sir; reported at the even in session yesterda.
The PRESIDENT protempore. The Chair is only advised at present that no such bill has been reported.
The PRESIDENT protempore. It can be corrected if it is a mistake.
Mr. WADE. It is the bill for the admission of Nebraska into the Union, and it has been reported, and the whole Senate knows it has been reported back.
Mr. CRESWELL. I have a distinct recol lection of it.
Mr. POMEROY. I was occupying the chair temporarily, and I recollect that the bill was reported.
Mr. CRESWELL. The Senfrom Ohio endeavored to call up the bill, but it was objected that it had not been reported, and there upon he immediately reported it to the Senate and the matter went over.
Mr. GRIMES. I remember the circumstance, and I move that the Journal be ordered to be corrected so as to recognize that fact.
Mr. SPRAGUE. if it is in order, while the Journal is being corrected, I move that the Senate proceed to the consideration of the House JtResolution No. 150.
Mr. CHANDLER. I believe I have a motion before the body which I will ask to have considered.
The PRESIDENT protempore. The motion of the Senfrom Ohio is at present undisposod of, the question whether he bill has been reported or not bein undetermined.
Mr. CHANDLER. Will the Senfrom Ohio iveway to allow me to make this motion while the Journal is being corrected?
Mr. WADE. If I were to yield now I should lose in right to the floor entirely. on can dispose 0 your matter in a moment some other time. I have only got 2 or 3 minutes of the morning hour, and I will hold them if I can. The motion is now to correct the Journal according to the understanding of the whole Senate.
The PRESIDENT proiempore. It is moved that the Journal ofyesterday’s proceedings be corrected so as to show the fact that the bill named by the Senfrom Ohio was reported by him.
Mr. BUCKALEW. I will inquire whether the bill is in the possession of the Clerk. That will determine the fact whether it was actually reported or not, and the Journal can be corrected on that fact being shown.
The PRESIDENT protom ore. The Chair is advised that there is no bil of that description on the files of the Senate.
Mr. HOWE. I think I remember how this mistake occurred. Just before the expiration of the morning hour yesterday the Senfrom Ohio moved that the Senate proceed to the consideration of that bill, and he held the bill in his hand. It then occurred to him that he had not reported the bill, and he then asked leave to make the report, and that the Senate proceed to its immediate consideration. It was 2 minutes to one o' clock. In the mean time the Senfrom Illinois [Mr. TRUMBULL] interposed a motion to reconsider the vote assing a bill in which I was interested, and Tap pealed to the Senfrom Ohio to waive his motion and allow the motion to reconsider to be taken up at once. The Senator remarked that there were but a few minutes to one ’clock left, and one o’clock arrived while e were discussing that matter.
Mr. POMEROY. It was reported in the evening session.
Mr. WADE. The Senfrom Kansas was in the chair, and I have no doubt recollects, as I do, that I rose to call the bill 11 and the objection was made that the report ad not been made. I immediately reported it. I said, “I will make the re wortnow, ” and I did make it; and so everybo y about here understands it. There is no mistake about it; and I gave notice that I should take the earliest opportunity to call it up.
Mr. SUMNER. I think I can confirm what the Senfrom Ohio says, and I can add something to it, that I rather' think the areport in the Globe will show that I objected to the consideration of the bill. I think the Senator will remember that he proosed to press the consideration at once when e made his report, and I said, “Not to da;I object.” I am sure of that incident; and mention it in order to complete the testimony with regard to what occurred yesterday.
Mr. WADE. Is there anything in the Globe on the subject?
Mr. KIRKWOOD. I find in the Globe this: “Mr. WAnr. asked, and by unanimous consent obtained, leave to introduce abill (S.No.4l7) for tUhneioand;mission of the State of Nebraska into the which was read twice by “ its title.
Mr. Wane. I move that t a bill. togetherwith the constitutio of the State of Nebraska, which I now present.be eferredto the ComTeri i to“ries. The motion was agreedto."
Mr. WADE. That is what occurred on Monday night. I reported it back after that.
Mr. SUI NER. At the same time, I would like to say that I hope the bill will not be proceeded With today. It seems to me we should not take up a measure of such importance in these hurried hours.
Mr. SHERMAN. I think the morning hour has expired.
The PRESIDENT protempore. The morning'hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday.
Mr. WADE. I hope the Senate will at all events postpone other business long enough to have this mistake corrected, so that the bill can be got up the next time the motion is made.
Mr. SHERMAN. I do not think there can be a particle of doubt as to the fact that my colleague reported that bill. I remember distinctly that he reported it and tried to get the Senate to act upon it. Just at that moment the morning hour expired, and I insisted on oing on with the pending appropriation bill. Imade the remark at the time that when we got those bills through I would help him to pass his bill.
Mr. HENDRICKS. This does not seem to me to be a debatable question. The Senfrom 'Ohio says he reported the bill, and of course he did. We have nothing to do but correct the Journal. The motion to correct the Journal was agreed to.
Mr. SHERMAN. I call for the order of the a
The PRESIDENT protempore. With the permission of the Senate, before calling up the unfinished business, the Chair will lay before the Senate certain House bills for reference. HOUSE HILLS REFERRED. The bill H.R.No. 719) to punish certain crimes in relation to the public securities and currency, and for other purposes, was read twice by its title and referred to the ComJudiciary; and the bill (H.R.No. 761) authorizing the reimbursement to the Territory of Nebraska of certain expenses incurred in repelling Indian hostilities, was read twice by its title and referred to the ComTerritor. PORTRAIT OF ABRAHAM LINCOLN. The Senate proceeded to consider the following resolution from the HoRep: liemloed. (the Senate concurring.) That Congress acceptsthe portrait of Abraham Lincoln presented by Signor Salvinti. of theoity of Venice, with thanks ctoustthoeddyonor and that the iortrait beplacedfor safe in the Library of ‘ongress.
Mr. SUMNER. I move the concurrence of the Senatein that resolution. The motion was agreed to. WILLIAM CROSWEL'L. The Senate proceeded to consider the amendment of the HoRep to the bill (S.No.354) for the re.iefof William Cros well, which was to add at the end of the bill the following words: “to be paid out of the naval pension fund.”
Mr. GRIMES. I move that it be referred to the ComPensions. The motion was agreed to. COURTS IN CALIFORNIA AND LOUISIANA.
The PRESIDENT proiempore. The unfinished business ofyesterday is House bill No. 737, the civil appropriation bill.
Mr. HOWARD. I have an amendment to offer to that bill.
Mr. CONNESS. With the leave of the senator, I should like to get action on an amendment of the House to a Senate bill. It will only take a moment.
The PRESIDENT protemporc. It requires unanimous consent, another measure being before the Senate. No objection being interposed, the message of the House will be read.
The Secretary read it, as follows: Rnolved. That the House insist on their amendment to the bill of the Senate(S.No.179)inrelation toof the district courtsof the U.S.intheStates California and Louisiana.
Mr. CONNESS. This bill abolishes one of the districts in the State of California and one in the State of Louisiana, and the House amendment proposes, as the whole State of Louisiana is to be one district, to increase the salary of the district judge there to $4, 500, and they insist on their amendment. I think in all probability that the amendment was right; the salary should be increased, as increased duties will have to be performed. Therefore I move that the Senate recede from their disa greement to the House amendment and agree to the same.
Mr. HARRIS. I hope this will not be done. The ComJudiciary have reported a bill in relation to the salaries of all district judges, and I believe in that bill the salary of this districtjudge is fixed at precisdy the sum fixed by the House. WhatI desire is, that that bill shall be acted upon, and that there shall be a uniform and regular system of salaries for the judges, so as not to be raising the salary of onejudge until we are ready to adjust them in all cases. I think that the Senate bill should be acted upon, and that this gentleman should wait until the salaries of the other judges are raised. If we cannot act upon it at this session. let him wait until Doceiiiber. I am opposed to acting upon individual cases in ref erence to the increase of salaries. We have the salaries of all the district judges in the U.S., this judge with others, and I think we should wait until that bill is acted on.
Mr. SHERMAN. How did this bill interuse? p
The PRESIDENT protempore. By unanimous consent, and can be proceeded with only by unanimous consent.
Mr. SHERMAN. I hope it will be referred to the ComJudiciary. It proposes to increase the salary of a judge, and I think it should go to that committee.
The PRESIDENT protein ore. it is moved that the bill and amendment e referred to the ComJudiciary.
Mr. CONNESS. Does the Senator know the course the bill has taken?
Mr. SHERMAN, I heard the statement of the Senfrom California. I do not think this bill ought to stand in the way of the appropriation bill. Let it be put out of the way.
Mr. CONNESS. I hope the Senator will have patience for an instant.
Mr. SHERMAN. I submit the motion; or if the bill can only be considered by unanimous consent, I object to it, if it is not too late to object. I did not hear it when the bill was taken up.
Mr. CONNESS. This is not the 1st time that the Senator has objected while
Mr. SHERMAN. I do not want to be lec tilted by the Senfrom California.
The PRESIDENT protempore. Order must be observed. In the opinion of the Chair, this bill is before the Senate simply by couimou consent and liable to he laid aside at any time on an objection. Is the further consideration of this bill objected to?
Mr. SHERMAN. I do object; and I hope when I am transacting the public business that the Senator will not interpose these measures.
The PRESIDENT protempore. Objection being made, it will be laid aside.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsiison, its Clerk, announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the amendments to the bill (H.R.No. 387) making appropriations for the current and contin ent ex)cnses of the Indian dept, an for ful llin treaty stipulations with various Indian tribes, For the year ending 30th June, 1867, and for other purposes. The message also announced that the HoRep had disagreed to the amendments of the Senate to the hill (H.R.No. 780) to protect the revenue, and for other purposes asked a conference on the disagreeing votes of the 2 Houses thereon, and had appointed
The PRESIDENT protempore appointed Mr. Fessuxnas, Mr. Howsnu, and Mr. Hrs DERSOXthe conferees on the part of the Senate. MILITARY PEACE ESTABLISH MENT. The Senate proceeded to considerits amendments to the amendments of the HoRep to the bill (S.No.138) to increase and fix the military peace establishment of the U.S., disagreed to by the HoRep; and On motion' of
Mr. WILSON, it was Resolved.That the Senate insist upon its amendments to the amendments of the HoRep to the said bill, disagreedto by the House, and agree to the conferenceasked by the House on thOerddisearegdre, eingvotesof the 2 Houses thereon. That the confrrceson the partofthu senate beappointedby the Presidentpro tempera.
The PRESIDENT protem are appointed Mr. Wfiisox, Mr. HARRIS, an Mr. asiiira. CIVIL APPROPRIATION HILL. The Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 737) making appropriations for sundry civil expenses of the government for the year ending June 30. 1867, and for other purposes.
Mr. HOWARD. I offer the following amendment, in pursuance of a recommendation of the ComMilAffrs , to come in as an additional section: Abife: That thereis herebyap propriated for the payment of the traveling expenses of the members of the 1st re iment of Miebi an cavalry from the placein Utah erritory wheret 0y pwlearcee musteredout ofservicc, in the ycar1866.to the of their enrollment.a.sumsufficientto allow to eachmember8325, deductingtherefromthe amount paid toeachfor commutation of travel, pay.andsubsistencebythe Governmentwhenthus musteredout and that the accounts he settled and paid under the direction of the SecyWar. The amount called for by this amendment will not exceed $207 to each soldier. '
Mr. SHERMAN. I will ask my friend if it is reported from the Military Committee.
Mr. HOWARD. I so remarked when I presented the amendment. The ground of the claim is this: the 1st regiment of Michigan cavalry were taken to Utah at or about the close of the war. They were there detained about 6 months, ifI am rightly informed, beyond the period of their enlistment. they were then very improperly informed by their commanding otheer that unless they consented to be mustered out of the service at or near Salt Lake City theywould be detained in the service for 2 monthslonger, the consequence ofwhich was that all, or nearly all of them, consented to be mustered out there and were paid off there in the usual way. They found themselves at a very great distance from their homes, which were in Michigan, where they enlisted, and the amount of traveling pay they received upon being mustered out was entirely in sufficient to pay their expenses in traveling home. They ought not to have been detained in the service beyond the period of their enlistment, and they ought not to have been mustered out; in Utah where they were actually mustered out. The whole proceeding seems to have been an imposition upon this excellent regiment of cavalry. Many of the ho a mustered out at that remote place, spent all the money which they received)for travel and pay there, and some of them were almost obliged to beg their way home again. I think it is a matter of simple justice to indemnify them for the losses which they were thus compelled to sustain in consequence of the proceedings on the part of the officer. I have here a very brie report in manuscript of the ComMilAffr which I will send to the Chair to be read, if it is called for. [“No l” “ No!"]
Mr. CONNESS. The case presented by the honorable Senator is not the only case of this kind, and without desiring to oppose this one, I think all such casesshould be settled together.
Mr. CONNESS. The Senator replies that it is too late. It is not too late. It would be manifestly improper to make this appropriation and then refuse to make an appropriation for the soldiers of other States who were served in like manner. Several regiments of the volunteers of California have been mustered out in the same improper manner in Utah, in Arizona, and in NewMexico, and in traveling homeward they have experienced the most sore and severe distress. I have letters now in my possession and continue to receive them on this subject. On making representations to the War Dept no cure could be administered there. The representations made by the commanding officers who resorted to these modes of mustering out the men and these systems of deception were conclusive to the War Dept, and they would do nothing. I suggest, therefore, to the Senator not to press this proposition at this time, but let the matter go over and let all these cases be settled at once.
Mr. HOWARD. Whenever any other case of this kind shall arise, I shall be entirely willin to grant similar relief; but I hope this amendment will not be embarrassed by other cases.
Mr. HOWARD. There appears to have been no application thus far, so far as I am advised, on the part. of other soldiers.
Mr. HOWARD. In this case, the proceed in s are perfectl regular.
Mr. STEWART. I think there will be no great difficulty in amending. the amendment, so as to apply it to all the cases of those who were thus mustered out. at that time. I have received man letters on this subject. There were several 100 men from Nevada and California mustered out and left in Utah without transportation liome. Utah is a very exensive place, and some of them really suffered, an did not have the means to get away. I received a letter a few days ago from a soldier who was left there. I suggest an amendment to the amendment, so that it shall cover all the soldiers who were in Utah and mustered out. under those circumstances.
Mr. GRIMES. How much is the amount altogether?
Mr. NESMITH. aggregate amount is. I do not know what the It will amount, I believe, to $217, 560. I have not got it exactly.
Mr. STEWART. I do not wish to throw any obstruction in the way of this amendment because I think the claim is entirely just. I think it was wrong to muster out any soldiers at Salt Lake without furnishing them transportation from there to their homes; but that was done nothe soldiers from Nevada and Cali lfornia. They were mnstered put there. There [ was great complaint about it. It took more than all the pay they got and all that they could, possibly save to get back home. The fare is exueedingly high if they go by means of public conveyance; and they could not march it for a month or 6 weeks after they were mustered out.
Mr. NESMITH. I will state that in this case the evidence was taken by the Military committee, rully considered, and a report. made on it; and I think that similar cases should be submitted to the committee for examination before an appropriation is made.
Mr. GTHMES. Did it appear before the ComMilAffrs that these men desired to be mustered out there?
Mr. NESMITH. Ita peered that when they were paraded and the a ternative presented to them of being mustered out then, or retained 2 months beyond their time and then marched to the frontier, they selected to be mustered out, under the impression that their expenses would be paid back to the frontier. When they came to be paid they saw there was a trick in it, and they found that they had been deceived.
The PRESIDENT protempore. Is the senate ready for the question on the amendment proposed by the Senfrom Michigan?
Mr. SHERMAN. As this will set the example for many other cases of this kind, I call. for the yeas and nnys upon it. The yens&nays were ordered.
Mr. SHERMAN. According to the statement made by the Senfrom Oregon, this amendment involves an immediate appropriation of $270,000.
Mr. NESMITH. I would not undertake to state the exact amount.
Mr. SHERMAN. At any rate it is $325 for each soldier of the regiment; and if the regiment contained nearly athousaud men it would be in the neighborhood of what he states it to Now, we are told that there are other regiments in the same predicament. It. seems they chose to be discharged in the dead of winter, in aremote region, the Government offering to transport them home 2 months later and give them 2 months’ additional pay. I am not prepared to enter into the merits of such a claim as this; but I ask the Senate whether it has been sufficiently considered and discussed in the Senate to establish a.prece dent of this kind, which will undoubtedly lead to other claims of the same sort, which cannot be rejected if this should be adopted. I trust, therefore, the Senate will detach this proposition from this bill. Let it be considered purely as a military measure in a separate bill. This is an appropriation bill for sundry civil expenses of the Government. It is now proposed to make it pay the expense of transportation of the military service. If that is done, then the title of the bill is incongruous; it has no connection with the bill itself or the character of the appropriations provided for by it. I trust that the Senate will at this stage of the session keep 06' all these extraneous matters. There will be no trouble in the Senator getting up a separate bill for this claim, and discussing and passing it as a separate proposition.
Mr. CHANDLER. This appropriation has been recommended by GeneralDSherman and all the officers acquainted with the facts of the case. Those men are in destitute condition for want ofsthese [118313] As this is the only chance we shall have of doing justice to these brave men, who served all of them 4 years, and some 5 'ears, during the war, and did more gallant lightin, perhaps, than any other cavalry regiment, I iope this little, simple act of justice will be done them now, in the last hours of the session, on this bill. The Secretary proceeded to call the roll on the amendment.
Mr. JOHNSON (who had at 1st voted in the affirmative) said: I should like to know what is the amount this amendment will take out of the Treasury. I was under the impression, from the statement made by the Senfrom Michigan, [Mr. Howsan, ] that it would be only some 17 or 1800 dollars; but I understand now that it is nearly 300,000 dollars.
Mr. CHANDLER. Oh, no; no such sum. It is a very small regiment. I do not know the precise amount.
Mr. HOWARD. The amendment will give to each soldier $325, less the amount he received at the time he was mustered out, not more than $207 to each soldier.
Mr. CHANDLER. It was a very small regi ment; I think perhaps not more than 300 men, all told.
Mr. JOHNSON. I beg leave to change my vote. I vote “nay.” The result was announced yous 22, nays 16; 12 So
Mr. ANTHONY. I move to amend the bill on page 2, after line 27, by adding the followmg: Provided. That the building shall be constructed in accordancewith the plan prescribedby the JtResolution of Congress, asexemplifiedin the construction of the southwing.
Mr. SHERMAN. I ask the Secretary to read the whole clause as it will stand if amended.
The Secretary read as follows: For completion of north wing of Treasury extension and grading and fencing grounds. $300,000: Provided, That the building shall be constructedin accordancewith the plan prescribedin liloJ'Ollit res olution of Congress, as exemplifiedin the construction of the southwing.
Mr. ANTHONY. Mr. President, this building, which is one of the most superb on the face of the earth, was planned after much deliberation. The plans were accepted, after much deliberation, by a committee of both Houses of Congress, and the plans were certified by the chairmen of the 2 Committees on Public Buildings and Grounds. The building in its progress has been varied in several in stances from that plan, and every departure has been to its injury. Every Senator will recollect the face of the building toward the President’s House. On the roof, instead of a balustrade, which the most uninstructed eye can see is necessary to the finish of it, there is a row of tin or galvanized iron leaves, which I will venture to say no person ever saw before or since upon any other building. This was as much a violation of the act of Congress as it was a violation of all the rules of architect ure and good taste. I am crediblyinformed that when that hideous deformity was put upon the roof, the balustrade, according to the plan adopted by Congress and by which those in trusted with the construction of the building were bound, was upon the ground, the stone cut and paid for; and it has now been put around the sides of the inclosure that protect the basement of the building. I oughtto say that the present architect of the building is in no degree responsible for these and some other deformities. He is an exceedingly competent and intelligent gentleman in his profession, and he has told me that he considered those depart ures from the original plan a great mistake and a great defect; and he proposes to build it as this amendment requires; but nobody knows how long he will be there.
Mr. MORRILL. I should like to ask the Senator by whose‘ authority the change was made.
Mr. ANTHONY. I do not know by whose authority it was done. I think it was in violation of the law of Congress; but it was done; and I wish to have some protection against any further alterations. L
Mr. ANTHONY. Every architect thinks as a matter of course that he must do something to show that his predecessor did not know anything about his business. That is the reason why we have this room constructed exactly upon the principle of a hot 'house, merely because the subsequent architect thought that he must discard the lens of his predecessor. I have already said) that I desi n no reflection upon the present architect, who is, I think, a very competent person, and who entirely agrees with me on this subject, althoughl did not mention to him that I should propose the amendment. My only object is to protect the building from barbarous violations of taste. If the present plan is not the best one, it can be altered by the same authority that ordained it; but it should not be altered by any less authority.
Mr. ANTHONY. I have one otheramendment I should like to propose; and that is on page 22, line 521, to strike out the word “brick” and insert the word “ granite;” so that the clause will read:. For the purpose of erecting on the public land adjacent to granite buildthinegTtroeaasfuforyrdDept, a tire proof a Treasury Dept, dltional room for the SWOBOO. All the public buildings that have been erected latterly have been erected of the most substantial materials; but here is a building to be orccted adjoining the Treasury building and for the purposes of the Treasury Dept, and it. ought to be in the same style and the same character. It should be of enduring materials and should be built of granite.
Mr.GRlhIES. Is that for the printing office?
Mr.SHERMAN. Itistobeaprintingoffice. [will state that the plans and specifications for this building submitted to us contemplates modest building, rather out of the view of the Treasury building, for the purpose of the Treasury printing. The plans are that it be in brick and the Dept prefer that it be made of brick; and to require them to build it of gran' ite, it seems to me, would be every unreasonable requirement simply because granite is a better material.
Mr. ANTHONY. I would strike out brick and let them build it as they choose.
Mr. SHERMAN. They must build it according to the plans and specifications.
Mr. GRIMES. The best way would be to strike it. all out.
Mr. ANTHONY. I would rather strike it all out if it is considered too expensive to build it as it ought to be built, and let us wait until we can build it to correspond with the present building.
Mr. SHERMAN. I will statethat there was some doubt aboutthis matterin committee, and the honorable Senfrom Kentucky, [Mr. Gurrmxs] who takes great pride in the super vision of the treasury extension, it having been commenced while he was Secretary, went up there and examined the plans and the site, and he became satisfied that not only the site proposed, but the plans and the material desig nated, were the best that could be used.
Mr. ANTHONY. I will bow to his decision.
Mr. GUTHRIE. The advantage of making this building of brick is that it can be built within the year, and they want it at once for the printing establishment. It would be a great convenience and advantage to them to have it. They will then have ample room. By building it of brick, they will get the building this year; but the will not get it for 3 years if it is built 0 granite.
The PRESIDENT protempore. The Chair understands the amendment to be withdrawn.
Mr. ANTHONY. I thought the ground of opposition to my motion was economy; but if it is put merely on the ground of time, we have done without this addition for a great while, I have no doubt it was, and I suggest whether it would not be better to have a proper building, such as we want, if it takes a litt e longer time to build it.
Mr. GUTHRIE. It is in that square across the street.
Mr. GUTHRIE. Yes; it is to be built on the public ground across the street from the Bout front.
Mr. ANTHONY. The clause reads, “for the purpose of erecting on the public land adj acent to the Treasury Dept, a fire proof buildin, ” die. I thought it was to be adjoining the ‘reasury Dept.
Mr. SHERMAN. We have some public ground over there.
Mr. GUTHRIE. It is to be built across the street from the south front.
Mr. ANTHONY. Acrossthatprivate street, where the sheds are?
Mr. WILSON. I ask if the amendment of the Senfrom RhdIsland is withdrawn.
Mr. ANTHONY. No, sir; I think we may as well take a vote upon it. The amendment was rejected.
Mr. WILSON. I offer the following amendment as an additional section: Abife: That the sumof $500,000 or so much thereof as may be necessary, is hereby appropriatedout of any moneys in the Treasury not otherwise appropriated.to be expendedunder the direction of the SecyWar in the erection of nsuitable buildiiit: for the accommodation of the hu reaus of the War Deptnot now locatedin the Northwest Executive Building. I have a letter from the SecyWar, covering also a letter from the QuarterMGen, making the estimates for this building.
Mr. GRIMES. Where do you propose to build it?
Mr. WILSON. The proposition is to extend Winder‘s building for the purposes of the quar termaster’s dept. They now occupy a building that the have taken possession of, but which they wi 1be compelle to leave in a very short time. They have in that dept nearly 2,000 million dollars of vouchers and papers. It is veryimportant that those papers should be in arlire proof building. At the present time some of those paers are hardly in a safe condition, although the present building has been made as nearly in e proof as possible; but they must leave that in a short time.
Mr. WILSON. Corcoran’s building. They took possession of itand modified and changed it to accommodate the business of the dept. It is now proposed to extend Winder’s building. The plans and estimates are all set forth in the report of the QuarterMGen, which I hold in my hand, and which can be read if it is necessary.
Mr. SHERMAN. I never heard a word about this proposed building until today. There have been no specifications or plans submitted to the ComFinance of the Senate or the ComWays&Means of the House. The proposition does not come within the rule which we have adopted. We have always required in our committee specific plans and drawings and estimates. I hope therefore, that this matter will be postpone until the next session. It is avery ungracious way to legislate to the amount of $500,000, making contracts to that amount without any more information than we now have on this subject. The only information we have is a mere letter of the SecyWar.
Mr. WILSON. I will simply say in re rd to the matter that these paers were sent are some time since, but they did not come to my committee. The other day I saw the SecyWar, who stated to me that he was very anxious that some action should be had on this matter; that they could not hold the building they now occup any length of time, and be supposed that the ComMilAffrs'had the papers relating to it. On examination, it was ound that we had no such papers, and we sent him word to that effect. He has since sent in those papers, covering the estimates of the QuarterMGen, and stating what they intend to do. I ask the Secretary to road the letter of General Meigs.
Mr. WILSON. If the Senfrom Ohio objects to the large sum named in this amendment, I am willing to reduce it to $150,000 and let them commence the work with that, and at the next session we can appropriate what is necessary. We have got to provide them with a building. They cannot stay where they are now for any length of time.
Mr. SHERMAN. The objection I have is not the amount of the appropriation, because if we commence we shall have to appropriate the whole $500,000, but as a question of expedienc. lfit is absolutely necessary to build a new uilding for this bureau, I ask, is it proper for us to commit ourselves to this particular site by this appropriation at this time? The passing of this appropriation, under the estimates now submitted to us, would commit us to the purchase of this propert. We have got to go into the market then with the knowl edge on the part of the owners of this ound that we have decided upon that site. think it would be much better not to make any appropriation at this session, but let them submit to us the otfers of the owners of the property for this purpose. The rule adopted by tge ComFinance, so far as we can control it, has been never to engage in the purchase of sites or the erection of new buildings until we have the title to the property or an offer for the property at a definite sum and then plans and estimates based upon the site; and then, for the 1st time, we make an appropriation. That was the case with the appropriation for the printing office at the Treasury Dept. trust, therefore, that this matter will go over until the next session. It is too large a sum to be put upon this bill at this criod of the session without consideration. t has never been considered by any commit tee, except a casual consideration by the Military Committee within the last few days. It was never sent to the ComFinance or to the ComPubBldg and Grounds; and I trust, therefore, it will not be put on this bill until we have further information.
Mr. WILSON. I will not press this amendment against the wishes of the Senator. The subject was called to our attention yesterday morning or the day before yesterday for the 1st time, and last evening we got this report. We have certainly not thoroughly examined the matter; but the SecyWar was very earnest, about. it, and I saw the QuarterMGen this morning, who thought it very important that some action should he had at once; tor of course they cannot retain the building they now have for any length of time.
Mr. GRIMES. I have no doubt in the world that there ought to be a new War Dept, and I am lad the attention of the Senate has been calle to the subject. Although I am not in favor of the proposition submitted by the Senfrom Massachusetts in the shape in which it stands, for I do not believe we ought to erect a building on the ground proposed in the amendment, yet I trust he will propose some other amendment to this bill, looking toward the selection or securing of ground for the erection of a proper building at the next session.
The PRESIDENT ro tempers. Is the present amendment withdrawn?
Mr. WILLIAMS. I proposethe following amendment as an ationa section: Abife: That the sumof $5.000b8 and the some is hereby, appropriated, out of an moneyin the Treasurynot othorivise appropr‘ln., to deira the expenseof continuing the indexto the Senate list of private claims down to the present Congress.in pursuance of an order of the Senate dated March 6, 1866.
Mr. WILLIAMS. I will make a brief statement in regard to this matter.
Mr. SHERMAN. I will ask if it comes from any committee.
Mr. SHERMAN. Then I object. The role requires that an amendment shall be reported by a committee.
Mr. POMEROY. It is reported in pursuance of a law. There is a law for it.
Mr. SHERMAN. I raise the question of order.
The PRESIDENT protempore. Objection is raised to the recetion of this amendment on the ground that it does not come from a committee. The Chair understands the Senutor from Oregon to say that it does not come from a committee.
Mr. WILLIAMS. It does not; but it is in pursuance of a resolution adopted by the Senate.
Mr. JOHNSON. A JtResolution, or a resolution of the Senate?
Mr. WILLIAMS. A resolution of the senate. These men have been employed and have been at work 3 or 4 months. There is no way to pay them, and the work has got to stop unless an appropriation is made. That is all there is about it. There is no reason in lliedworld why the appropriation should not be may 0. M
Mr. SI‘IERMAN. This matter was proposed to the ComFinance, but we concluded that as the clerks were paid during the year, they might as well make up this little indexto the private claims during the recess of the senate; and as we have considered it there I do not want it brought here.
Mr. WILLIAMS. I was not. present at the time it was considered in committee, but it is evident the facts were not known to the committee. in the 1st place, this work is not done by the clerks. lirec other persons are employed.
Mr. SHERMAN. Under what resolution; under what authority, I should like to know?
Mr. WILLIAMS. I have the resolution here.
Mr. WILLIAMS. On the 16th of March. 1866, this resolution was adopted by the Senate: "Resolved, That the SeySenatebe di reoxotteenddtiongcause the alphabeticallist of private claims to the end of the 33rd Congress in be continuedto the closeof the last Congress and printed for the useof the Senate.” Pursuant to that resolution the SecySenate proceeded to employ certain persons to make this alphabetica list. Those persons have been engaged in that business now for 2 or 3 months. The work is partly completed, and this is simply an application that an appropriation be made to pay these clerks for this labor; and I am advised that heretofore this alphabetical list has been made in pursuance of similar resolutions which have been repeatedly followed by appropriations to meet the eXpenses.
Mr. SHERMAN. When was that resolution passed?
Mr. WILLIAMS. On the 16th of March, 1866. The Secretary, depending upon the res olution has made this contract, employed these men; they have been at labor for 2 or 3 months; and now, unless an appropriation is made, they must be discharged, they must get nothing for the labor they have performed, and the work must sto. It seems to me, under such a resolution, there ought to be an appropriation.
Mr. SHERMAN. I withdraw my point of order. I find that the rule I referred to reads as follows: " No amendment proposingadditional appropriations shall be receivedto any general appropriation bill. unlessit be made to carry out the provisions of spoamsseeedsblsyttinhgel Saewn.oarte sdomuroinagcttohrartesseoslnstioion prewiously I suppose this resolution havin been passed at this session, the case is broug it within the rule.
The President T protempore. If the senator withdraws his obJection the Chair has no decision to make; but he thinks the amendment is to provide for a private claim, and the rule declares that “ no amendment shall be received whose object is to provide for a private claim, unless it be to carry out the provisions of an existing law or a treaty stipulation." This is a resolution merely, not a law.
Mr. SHERMAN. I insist upon the point of order. I do not think it ought to be acted on here. I do not think money ought to be appropriated here.
The PRESIDENT protempore. In the opinion of the Chair, the amendment is not in order, it being for a.private claim.
Mr. CONNESS. I am directed by the ComPostOffices to offer this amendment, to be inserted after line 416, on page 18: To provide for ii.survo of the Isthmus of Dnricn. under the direction of tie War Dept, with a view to the construction of a ship canal. in accordancewith the report of the Snperinlt nrlcnr of the Naval Observatoryto the Navy Dept, $40.000. It will be remembered that in accordance with a resolution passed by the Senate calling upon the Superintendent of the Naval Observ atory for a report of all the information, facts, data, together with the maps, charts. lines of level, die, in possession of his office, relating to the various routes over the Isthmus, with a view to railroad and ship canal communication, a report has been submitted by that officer, and is now ordered to be printed by the Senate. It will be on the desks of members, probably, before we adjourn. It is, perhaps, the most interesting paper that has ever been submitted to Congress. It involves a subject of the greatest possible interest, not only to the people of the U.S., but to the commercial people of the world. It is now proposed further, as the necessity and propriety of a further survey is shown by the re report, to authorize the War Dept to depnte some of our Army engineers and a party of men to make, an additional survey across the Isthmus of Darien, to be commenced say next December. This point at which it is proposed to carr on the further work is a lit tle south of the sthmus of Panama or Porto Bello on this side of the continent. I submit in this connection and ask for the reading of a brief letter from the Superintendent of the Naval Observatory addressed to myself on the subject, and I ask the attention of the Senate while it is being read.
The Secretary read the following letter: WASBHGTOX, Juli/10, 1866. Dssn Sin: I shall send in my report and the accompanying maps this evening or to ine rrow morning, and I presumeit Will be transmittedto the Senate immediately. Inclosed is a copy of a letter from GenlGrant to me sliowmgthe very deep interest he takes in thesu Jeet. An appropriation of 40 or 50,000 dollars Wlll enable the Government to put the surveying parties in the field at the beginning of the next season. I trust this small sum small indeed when contrasted with the grandeur of the objectcan be obtained. I hope to have the pleasure of seeing you in a few days. Very respectfully and truly yours. Rear Admu aCl,SIMI.IJLD‘IA'AVHMS.CI'HIGRL Hon. Jens Conness. U.S. Senate. Washington.
Mr. CONNESS. Now I submit the letter of GenlGrant on this subject. It will be observed that I have named the lowest sum spoken ofin the letter of the Superintendent.
The Secretary read the following letter: Hasnqosnrsns ABMIES U.S. Asiiis'o'ros'.D. (1., July 7. l866. DEAR Sin: Your letter of the 3d of July. alluding to the interestwhich I have heretoforeexpressedin favor of a canal to connectthe Atlantic and Pacific oceans, is received. firmly believethe scheme practicable, and if it is, there is no doubt but that in this ageof enterprise the work Will be donc. I regard it asofvast political importancetothiscountry t iatno European Government shouldhold such awork. Forthis reason I have endeavoredfor the last year to get snch a thorough surveymadeby the Governmentof the U.S. through the territory of the Colombian Government asWould fully determine whether such a project is feasible: not doubting but that on the presentation of such feasibility, American capital and an American company, under some treaty that could easilybe arrange between the 2 Governments.would undertakeit. To carry out this project an appropriation by congress, but what amount I cauldsenrccly say.wouldbe necessary. At the instance of Captain Amman.U.S. Navy, and myself.the SecyState has put himself in communication With the Colombian Government with the view of obtaining the authority to makea survey through their territory for the purpose of determining the practicability of an interoccanio cana. Very rmpeetfnll, your obedientservant. y U. 8. GRANT, LieutenantGeneral. Resr Admiral c. H. mm, U.S.Now.
Mr. SUMNER. I have not heard any objection to this proposition, although the Senfrom Ohio called for the yeas and nays.
Mr. SHERMAN. If the Senator is willing, this session, to commence the construction of a ship canal across the Isthmus of Darien. I think it is a question that he is sufficiently intelligent to answer for himself. It is in foreign territory, and we are to commence it without the aid and cooperation of any other country, when other countries are interested in the project as well as ourselves. If the survey is made, I suppose it is for the purpose of indu cing the construction of a ship canal by the national Government or by some American company. If the Senator is prepared to enter upon it. be it. so. I wish simply the instruction of the Senate on the question.
Mr. DOOLITTLE. I do not know whether that is a violation of our treaty stipulations with GreatBritain, but it looks somewhat in that direction, if I understand it. We are under‘ treaty obligations with GreatBritain not to assume on the part of this Government to build certain routes between the 2 oceans or endeavor to control them, and we are under obligations with GreatBritain to guaranty the neu trality of those routes. I do not know that I have any special objection, as a matter of scientific curiosity in the geography of the world, to spend asmall sum of money in ascertaining the practicability of a route there, because it may be the basis, perhaps, of future negotiations with England to juin with us in building a canal. But Iwill not occupy the time of the Senate.
Mr. CONNESS. There is no such question involved as has been suggested by the honorable Senfrom Wisconsin; but on the contrary, the State Dept has been already in negotiation with I the Colombian Government to. obtain, and have obtained, the privilege of sending an armed party there to make this survey. so that it is in accordance with the obligations of the Government and with its faith to foreign nations. A survey has already been made, demonstrating where the next is to be made; and the object is simply to demonstrate to the commercial world that this great work is practicable, and to that end $40,000 is asks that the work may be entered upon at the proper season for that country, which owing to its climate will be next De cember. It is not proposed, I will say to the Senfrom Ohio who has charge of the bill, to commit the Government to the construction of this great work, but it is believed to be the duty of a Government that has such great interest in commerce as ours has, to make this demonstration when it can be done at so light a, "‘ cost.
Mr. SUMNER. I think that the Senfrom Wisconsin referred to what is known as the Clayton Bulwer treat, but I think if he will examine that careful y he will see that it is not applicable to this case. This is on the Panama route; it is a different line from that covered by that treaty. it is not embraced with i the terms of what is known as the Clayton ulwer treaty.
Mr. CONNESS. Iolrer the followingamendment, to be inserted after line 95, on page 5: To enablethe SecyTreasury to collect reliable statistical information concerning the gold and silver mines of the westernStates and Territo ries. which shall include the labor and capital cm ployed. the product and the modesof working the sCongress datwithsicnhex information shall be reported to session.915.000. In this connection, Isubmit a letter from the SecyTreasury, which I ask to have read to the Senate.
The Secretary read as follows: TREASURYDEPT.June 20, 1866. Sta: I havet hc‘honorin reply to yonr letter of the 16thinstant.relative to the wantof reliable information COHCGI'DIDB ImI1iQneral resourcesof the Pacific Statesand Territories and theimportanceof supplying it. to any that this Depthas long felt the want towhichyourefer. and concurringin yourviews as to the necessity of collecting full and reliable sta itnisgticthsi su|oJobnje ctth.scubject.andas to the meansof effectI shall most cheerfully. within my appropriate sphere.co'o erutewith you in carrying your suggestionsinto e cet. To this end. I respect fully recommend the adoption of aJtResolution out 0111:");theSecyTreasuryto appoint a commissioner and appropriatin such sumas may ibnegnecessaryfor compensationan necessarytravel expenses or the incorporation of alike provision inVoenreyof the appropriation bills. respecttully, H. McCULLOCH, SecyTreasury. Hon. ] can Conssss.U.S.esSenafe.
Mr. FESSENDEN. I should really like to ask the Senator whether it is worth while to put on all the loose legislation any gentleman may desire, if we ever expect to get through With the miscellaneous bill. It must be obvious that we never can pass the bill if we put on all these things; we shall have a quarrel With the blouse and ose the bill finally. I suppose it is in the power of the Senate to put on anything they please; but if we go on in this way and put on everything that Senators fail to get in any other shape standing by itself, there is no end, and we cannot get through the bill at all. We have now fixed a time tor adjournment and we may go on day after day precisely in this way until the budget of each Senator is exhausted. I hope this course will not be persisted in.
Mr. GUTHRIE. I am inclined to vote for this amendment to the bill. I have felt myself in great difficulty and doubt about the question of these mines and what the are practically worth, and would be very wi ling to have at least one report on the subject, so that we may see if they really are what they are represented to be. I think it is an expenditure which the countryis prepared to approve, and it is information that everybod d’esiros.
Mr. NESMlTH. ’erhaps no question has been before Congress of more interest to the Pacific States and Territories than the measureproposed by the Senfrom California. I am very glad that he and the committee of which he is chairman has brought the subject to the attention of the Senate. There is a vast mining region there, extending from the base of the Rocky mountains on this side to the Pacific ocean and from our Mexican border to the 49th parallel. Its development has been left entirely to private enterprise. There has been no regular system by which reports have been made in relation to it, as to its resources, its value, its productions, what has been derived from it, and what is likely to be derived from it. It is a source of very great revenue to the country and one upon which we must depend eventually for the precious metals to discharge our immense annual obligations, and I think there is no subject which comes within the purview of national legislation which should so much attract the attention of the Government, or which is so important as to get correct and reliable data relative to the great mining interests of that country. ltrust that the amendment will be adopted and a commissioner be appointed, and that we shall have a thorough investigation on the subject and a report at the next session of Congress, so that we may have reliable information on a subject of such very great interest to the country.
Mr. STEWART. I have opposed the appropriations of $15,000 expended hitherto, because I could not see an good results from them; but I am satisfied that if this appropriation is made we shall have a report that will give some information, and I hope the appropriation will be made.
Mr. SPRAGUE. I would ask the Senfrom California if he would permit an amendment to go upon his proposed amendment, that the 00mmi 10n which rs to be appointed may be directed to turn their attention to the bonded warehouses? [Laughter.] If he will permit thatI should like to move an amendment of that kind.
Mr. FESSENDEN. There was in the reve nue bill a section which we struck out providing for a Bureau of Statistics in the office of the SecyTreasury. If that had passed I think the statistics in relation to mining would be a art ofit, but we concluded to strike it out. the mere obtaining of these sta tistics is of no more pressing importance just now than the obtaining of statistics in relation to matters of trade and other things. The striking out of that section of the revenue bill has been disagreed to on the part of the House, and it is very possible that the section may finally pass, but probably with some amendments. I do not see why this particular subject of mining. statistics should be taken out of the general question of statistics as applicable to other thin I see no reason for putting this in here without putting in a great many other things. I do not exactly go the bonded warehouses, but statistics in regard to trade and agriculture and other matters on ht to be provided for at the same time. I a mit that the obtaining of these statistics is important; that I have no question of; but I doubt the policy and good sense of putting on to this hill where it does not properly belong an appropriation for obtaining these statistics, when we have refused in the Senate to pass any appropriation or make any provision for obtaining statistics in on other subjects.
Mr. Congress. I think I can explain that to the Senator.
Mr. FESSENDEN. I do not think the Senator can explain it to me, because I believe Innderstand it now so far as the position I take is concerned.,
Mr. CONNESS. I am quite aware that I' can throw no light on a subject that the Senai ator has investigated, but I can give him a few words upon the course this question has taken. The section relating to statistics that is found in the revenue bill now pendin between the 2 Houses, I think, arose an grew out of communications between the SecyTreasury and myself in the early part of the winter. I called his attention in a letter addressed to him to the necessity and the public advantage of ncentral Bureau of Statistics near the Government which should embrace the 3 subjects of agriculture, minin, and manufactures. The honorable Senfrom RhdIsland will perceive that in considering the subject the question of manufactures was not lost sight o. I believe that such a bureau could e established and conducted at a less public expenditure of means than the present l Agricultural Bureau and be of infinite ben.efitto all 3 branches of industry; and I invited the Secretary to have a bill prepared with a view to that end. The result event equally was the addition of a long section to the revenue bill spoken of by the Senfrom Maine, but which did not include in an respect statistics concerning the mines. 'Ihere is a necessity for beginning the collection of statistics concerning the mines at an earlier day than you shall collect them for other branches of industry, for on have them already in regard to these branches; they are coming into your Government from commerce; they are coming into your Government for manufactures, as every single day progresses; but to begin to collect statistics on the subject of mines and mining agents will have to be employed, or a commissioner of great ability, and e must necessarily visit every mine and report upon it.