The SPEAKER. If the Gentfrom Massachusetts yields the floor, the Gentfrom Illinois can roeced with his explanation, unless some en eman raises a point of order.
Mr. DAWLS. The point at issue relates to a matter which transpired in the committee when the Gentfrom Illinois was not present., Mr. MARSHALL. The gentleman seems to make an iusinuation that I did not attend the sittings of the committee as regularly as I should have done. I will state, for the satisfaction of the gentleman and the House, that I was not able:1ways to be present. But I certainl am able to read, and I think to under stan, the evidence in this case. I would like to state the facts as they actually occurred, but I do not propose to make that statement except by unanimous consent.
The SPEAKER. The Chair will state that it has been repeatedly decided that it is not in order to allude on the floor to anything that has taken place in committee, because committees must report their action to the House in a formal manner. But if no gentleman raises the point of order, the Chair will not arrest the Gentfrom Illinois in any statement he may make.
Mr. MARSHALL. I prefer not to proceed without the consent of the House.
The SPEAKER. The Gentfrom Illinois asks unanimous consent to state what transpired in the committee room. Is there objection? The Chair hears none. Mr. MARSHALL. It appears by the printed evidence that the time for taking the testimony was nearly all occupied by the contestant, and when the time closed the sitting member had not had an opportunity to conclude his evidence. The contestant, although appealed to, refused to consent to an extension of time. The subject if I am not mistaken, 1st came up before the committee on a motion to dismiss the case, for the reason that there was no sufficient notice and that these were no specifications according to the forms of law. That mm the question which was discussed before the committee for some days. Then the sit ting member did appeal to the committee that time should be ven to hi to go back and take the evidence which he had proposed to take before. That privilege was refused him. I do not say that the committee acted improperly in refusing that permission, but I think it thir that the House should know that the sitting member has made every endeavor to have this evidence taken. He has tried every means in his wer to obtain an opportunity to take this testimony, both by appealing to the contestant and to the committee.
Mr. RAYMOND. I ask the Gentfrom Massachusetts to yield to me for a few I110ments.
Mr. DAWES. I will yield to the Gentfrom NewYork for 5 minute:.
Mr. DAWES. In the heat of what I have been” saying I am conse ious of having said something personal to the sitting member which I shall always reret. I ask permission of the gentleman to withdraw all such remarks.
Mr. BROOKS. The gentleman promised to call the attention of the committee to the fact that the July riots were in the 15th district, and to show the testimony therefor.
Mr. DAWES. Mr. Speaker, I did promise to make an answer. I ask the gentleman to read the report. The report does not say that the July riots were in the district, but it says, f this district had a bad reputation in connection with the July riots." I think the gentleman knows what reputation is. I submit such was the statement in presence of the committee Without contradiction. They went from this district to the July riots, and those iuen made this reputation.
Mr. DAWES. No, it was not; but reputation is proof without taking depositions. it is what people say of him.
Mr. BROOKS. They never said it. Itwas never said except by Mr. Dod e., Mr. DAWES. It was sai over and over again in the committee room. That is my recollection.
Mr. BROOKS. Another correction. The gentleman said that in the 3rd district the canvasser was drunk. Is there any proof of that?
Mr. DAWES. There are 2 answers to that. That is a district in which the committee are unanimous that the allegation was not sustained by the proofs, and therefore it does not make any difference whether it was so or not. The evidence is that the man drank liquor so many times that he could not tell how many, and fell asleep.
Mr. DAWES. I cannot spend time on these matters. That is the 2nd thing; now, what is the 3rd?
Mr. BROOKS. The gentleman promised to make all these corrections. He said that Brady was a self constituted clerk.
Mr. DAWES. I explained what I meant by that when the Gentfrom Illinois [Mr. MARSHALL] was on the floor. I meant that he was a clerk who was put in the place of his brother, without appointment, because his brother said he wanted to make employment for him. He did his work and took the pay as clerk in his brothers name. I call that self apiointment. I am not a lexicographer. here is the testimonyof the manwho drank the liquor; ii gum lion.Did you take any liquor there? th" AHIOCI. I might have taken iquor in the house at uy. " quulion. Dont you remember that you took liquor there? Answer. I did not take verymuchhonor thesome a"y.Qimtion. Dont you recollect you took liquor th"ere? Anon 0r. I did. “ Quaion. llow many lossesdid you take? “ Analog)“. I dont recol not.:: guano“. Did you take ten 1 nawgr.lo, sir. “Question. Did Mr. Fitz Simmons give you this liquor? Answer. I cant recollectwhether Mr. Fitz Sim m“onsor his bar keeper. Question.Either Mr. Fitz Simmons or his bar kcopergave it " to you? “ Amswer. Very like. sir. gunman Did he give it " to othersbesideYou? “ runner.Yes. gar mo". “ Many others, or few? mwer. I dont think there weremany."
Mr. DAWES. He drank a good deal of liquor and got asleep. [Langhter.] Now, Mr. Speaker, I have spent consider able time on this collateral matter. I hope the Globe reporters will strike out of my remarks everything that is personal to the sitting member, that may never have it to think of after this case is over. I was dwelling upon the singular renest made by the Gentfrom Ohio, [Mr. Ail FlELD] 1st that we should take this case back and go into evidence whether others were in the habit of cheating in the same way, and 2nd, as his resolution was modified, that both parties take further testimony about the 15th district, and finally, as was modified by the adoption of the resolution now pending, thus: Renoloell, That.the invalidity of the registerof the 15th district of the 18 thward of the city of NewYork would not of itse lf justify the rejection of the official returns of the cunvassers of that district. licsohml. That this case be recommitted to the ComElections to report uppn supplement ayytproofto be made as provided in the next rose O u too. Resolved, That either party be authorized to take Is there any proof that he supplementary testimonyres actin the election in the 15 thdistrict of the 18th ward onl, be fOlOthe 10th dny of May next. complying with the statutory regulations. applicable to the case: propidml, Ihnt 5 days notice ofany proposed exam motion of witnesses shall be sufficient. Now, I want to inquire why the gentleman applies this proposition to the 15th district of the 18th ward. If he had read the report he would have found that there are 2 other districts in which the committee said that the allegations were not sustained, because they were in doubt as to the testimony in regard to those districts. Why did the gentleman not think it of just as much importance to take testimony in regard to those districts as in regard to this one?
Mr. GARFIELD. This is the only one which decides the case.
Mr. ELDRIDGE. I move the gentlemans time be extended.
Mr. ELDRIDGE. I move that the gentleman have ten minutes. No objection was made.
Mr. DAWES. I only want to call attention to the speech of the Gentfrom Illinois Mr. Faasswoarnd where, on the last day of the Voorliees case, he undertook to call the committee to account because they not only set aside the poll for the same reason that they set aside the poll in this case, but they also gave an opportunity to prove the votes which were is ally given; which, he said, we ought not to are done. Yet yesterday my friend made haste to say, when the committee had done in this case exactly what he said they should have done in the other case, that it was not a principleby which he could stand.
Mr. FARhSWORTH. “Till the gentleman allow me to point out the difference between the 2 cases?
Mr. BROOKS. So far as I am concerned, Iho e the reporters of the Globe will make no a teration or retraction of the remarks of the able Gentfrom Massachusetts, [Mr. Dawns] By those remarks he has done me all the damage he could before the House; he could do no more if they should be published. I trust, therefore, he will not change them. the question was upon the followin amendment of Mr. GARFIELD to the amendment of Mr. MARSHALL: Resolved.That the invalidity of the register of the 15th district of the 18th ward of the city of NewYork would not of itselfiustify the rejection of the official returusof the eanvasse rsofthat district. Resolved, That thise ase berecommittedto the committco of Elections to r eort upon supplementary proof to bemade as rovied in the next resolution. Resolved, That either party be authorized to take supplementary testimony respecting the election in the 15th district of the 18th ward only. beforethe 10thday of May uext.complying with the statutory regulations applicable to the case: Provided, (that redays notice of any proposed examination of witnesses shall besuflieiont.
Skip Skip Mr. RANDALL, of Pennsylvania, called for the yeas and nay s. The yeas&nays were ordered. The question was taken; and it was decided in the llClfltlVE yeafl 53, pays 80, not voting 50; So the amendment to the amendment was not agreed to. During the roll call, Mr. IBLACK said: My colleagues, Mr. Knaa and Mr. JULIAN, are paired upon this and all other questions until urther notice. Mr. RICE, of Maine, said: I am paired on this question with my colleague, Mr. BLAINE. If he was here he would vote for the sitting member, and I should vote against him. Mr. DAWES said: Mycolleague, Mr. WASHBBURN, is paired with Mr. Jonxson. Mr. HOTCHKISS said: My colleague, Mr. MORRIS, is paired with Mr. CHANLER. The result was announced as above stated. the question then recurred on the amendment O
Mr. MARSHALL, to strike out all after l the word“ resolved, ” in the resolution of the committee, and insert the following: That William E. Dodge is not entitled to a seat in the House as it Representative in the 39th Congressfrom the 8th district in NewYork.
Mr. ELDRIDGE called for the yeas and an s. he yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 65, nnys 78, not voting 50; So the amendment of Mr. MARSHALL was rejected. During the call of the roll, Mr. RIMBLE said: My colleague, Mr. GRIDER, has paired on this question with Mr. GRIMES.
Mr. GARFIELD. Believing that the committee have not furnished as with sufficient evidence to enable us to decide this case satisfactorily, I decline to vote. The result was announced as above stated. The question recurred on the followm resolutions reported by the Committee of lections: Resolved, That Hon. James Brooks is not entitled to a seatin this House as a Representative in the 39th Congressfrom the 8th district in 9W or I Resolved.That William E. Dodge is entitled to a seat iu this House as aRepresentative in the 39th Congressfrom the 8th districtin NewYork.
Mr. CONKLING. Are those resolutions divisible?
The SPEAKER. They are divisible upon the demand of any member.
Skip Skip Mr. CONKLING. I call for a dlVlSlOll. I desire a separate vote on these resolutions. The SPEAKER. The vote Will be taken separately. The question is now upon the 1st resolution. Mr. ELDRIDGE called for the yeas and navs. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 84, nays 46, not voting 53: So the 1st resolution was adopted. The question then recurred on the 2nd resolution, as follows: Resolved.That William E. Dodge is entitled to a seatin this House as a Representativein the 30 9th Congress from the 8th district in NewYer. Mr. ELDRIDGE demanded the yeas and DBhBe yeas&nays were ordered. The question was taken; and it was decided in the affirmative years 72, pays 52, not voting 69; So the 2nd resolution was adopted. Mr. DAWES mtRtv the resolution was adopted; upon the table. Agreed to.
Mr. DODGE presented himself at the Clerks desk, and was duly qualified. JUDICIARY OF THE U.S., ETC.
Mr. WILSON, of Iowa, by unanimous consent, from the ComJudiciary, reported the following hills; which were ordered to be printed and recommitted to th same committee: An act (S.No.184) to define more clearly the jurisdiction and powers of the supreme court of the DistCol, and for other purposes; and An act (S.No.103) to reorganize the judiciary of the U.S and then, on motion of
Mr. HARDING, of Kentucky, at 5 oclock and 40 minutes p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. Sarnuosr, April 7, 1866. The House met at 12 oclock ni. Prayer by the Chaplain, Rev. C. B. Borxron. The Journal of yesterday was read and approved. rassmnnrs MESSAGE.
The SPEAKER stated that, by order of the House, this day was set apart for discussion, as in the ComWhole on the state of the Union, of the Presidents message on which the Gentfrom Missouri [ Mr. H0GAN] was entitled to the floor.
Mr. PRICE. I would like to ask the Gentleman a question right here.
Mr. PRICE. I would likd to ask the Gentleman whether it has been the rule in the South for the last 50 years for the master to walk and for the servants to ride.
Mr. HOGAN. Not having been there for 50 years I cannot tell. I know it is not the rule among the people of the North where I have lived. But I have stated what I saw.
Mr. HOGAN, There may be no rule on the subject; I presume there is not. But I would ask the gentleman, if he in Iowa ever walked to church and let his white servants ride in his carriage.
Mr. PRICE. We do not have “servants” in the North. They are all on a level there; we all ride and walk together.
Mr. HOGAN. I know we do not have “servants;I” am perfectly well aware of that thing. But this I say; and in order that the Gentfrom Iowa [Mr. PRICE] may undei stand the relative position of things, I will give him a case in contrast, drawn from the other side. I was in anorthern city, and was at the house of a gentleman there. In the course of the conversation he said that a colored man had come to his house, and so delighted were he and his wife with the color, that they had placed him at their table and he and his wife had waited upon him. I Salt, “Did you ever treat your white help in that way? Did you and your wife ever seat our white servant at your table while you waitedon him 7” “Oh, no;” said he, “they are hired people; they can wait.”
Mr. PRICE. I will now ask the Gentfrom Missouri[Mr. Hoem] whether that is the rule in the North.
Mr. HOGAN. No, sir; I do not think it is.
Mr. PRICE. I suppose the Gentfrom Missouriis dealing in exceptions today.
Mr. PRICE. I presume that, as the gentleman has not his speech written, it does not interrupt the thread of his discourse for me to ask him a question occasionally.
Mr. HOGAN. Oh, no, sir; I have nothing written.
Mr. PRICE. Then I wish to ask the Gentleman whether we are to understand from his speech that in his opinion the system of sla very, as it has been practiced in the U.S. during the last half or 3 quarters of a century, has been conducive to the spread of the Christian religion, and whether he believes that the slaves of the South have been more etiectually Christianized because they have been slaves than have been the labOring classes of the North, who have been free from servitude of that kind. If that be so, I wish to inquire further, how it happens that throughout the balmy and genial South, which the gentleman has so poetically described this morning, schools and churches have so seldom been found in the places where slaves were most numerous, while among the hill tops and valleys of the North, where the beneficent influences of slavery were not exerted, school houses and churches were found at short intervals. How come these things, if the gentlemans preaching be true? If his views are correct, have we not inflicted on the colored people of the South a curse in abolishing slavery, and thus de rived them of Christianity, under which they Iived and flour ished and were so happy in the years of the past?
Mr. HOGAN. Now, Mr. Speaker, the Gentleman rose to ask me a question. I did not know that he was goin to make a speech.
Mr. PRICE. Iaske several questions; and I would like to have them all answered.
Mr. HOGAN. I know that the gentleman asked a great many questions: and I know also that when a gentleman on that side of the House makes a speech, we on this side seldom get a chance to ask an questions. We, however, are a little more liberal. Now, Mr. Speaker, the gentlemans questions are so numerous, that without having them in writing I can scarcely remember them all; but so farm I can recollect them I will answer them. I wanttoanswer them. I have no printed speech. I have no written speech. I have not even the notes of a speech, except a memorandum of a few oints which I wish to come to by and by. T iis isamere episode, which serves to turn the attention of the House to matters which I think about, and which I think the House ought to think about. In the 1st place, let me say in answer to the gentleman that I believe slavery to be wrong. 2ndly, I am gladthat it has been extirpated from our country. I had I10)G(I, as I before remarked, that when it had been abolished, all the agitation concerning it, with all the disturbing animosities arising from that agitation, would cease. Now, as to the next point. The gentleman asks me whether throughout the balmy South, churches and school houses exist as they do in the North. Sir, the census shows that they exist there in about the same proportion to poulation as they do in the North and I wi I state to the gentleman a fact which perhaps he may not 1have noticed, that many of those who were the owners of large numbers of slaves have generally not only built upon their plantations churches for their servants, but have themselves employed ministers to teach them the principles of Christianity. That has been the case generally throughout the entire South. Some, it is true, have not done so; but such cases have been the exceptions and such masters have received the opprobrium of the communit in which they lived).
Mr. PLAN S. I would like to ask the Gentleman a question.
Mr. PLANTS. I desire to ask the gentleman whether in those churches, as he informs us, the southern masters have built for their servants, those masters would permit their servants to read a single verse of the Bible or the hymn book.
Mr. HOGAN. Let me say, in reply to that, that the 1st Snnday school I ever undertook to teach was a Sunday school in a slave State, in which slaves were taught.
Mr. PLANTS. Were they taught to read, or even permitted to read?
Mr. HOGAN. They were taught to spell and taught to read.
Mr. PLANTS. Let me ask the gentleman one otherquestion.
Mr. PLANTS. Did not the gentleman know, when he was teachin those slaves to read, that he was making imself liable to prosecution under the State laws?
Mr. PLANTS. Does not the gentleman know it now?
Mr. HOGAN. I knew the reverse: for the masters were with me as colaborers in the work. I know that such representations have been made
Mr. MORRIS. Will the gentleman yield to me for a moment?
Mr. HOGAN. Oh, yes; I will yield to anybody.
Mr. L.ANTS. The gentleman has not yet answered my question. I would like him to answer whether in those churches the slaves were permitted to read the Bible and the hymn book. I have not yet heard the entle mans answer to that question. I should ike to have it answered.
Mr. HOGAN. I thought I had answered that So far as I know, they were.
Mr. MORRIS. Will the gentleman now yield to me for a moment?
Mr. MORRIS. I believe, Mr. Speaker, that I have never interrupted any gentleman 5 and I desire now sim lyto ask a question formfor motion. Aftert at “peculiar institution” of the South has destroyed the Democratic party, and almost ruined the country, I desire the gentleman to explain why he is yet wedded to that obsolete institution, which has worked ruin wherever its influence has pervaded.
Mr. HOGAN. Now, Mr. Speaker, the Gentlemans question has suggested 2 points which I wish to notice in the proper place, and if I do not do so, I trust some gentleman will remind me of them., The gentleman suggests in the 1st place that the Democratic party has been destroyed. Why, sir, this idea of pthe destruction of the Democratic party is the Banquos ghost which continually haunts the vision of gentlemen on the other side. The Democratic party dead! No, sir; no. Gentlemen on theother side doubt less wish that it were dead; but they know that it cannot die while liberty lives.
Mr. MORRIS. Will the gentleman allow me again?
Mr. HOGAN. Now, do not stick in these cross questions when I am tring to answer one you have already asked.
Mr. FIN OK. I object to any further interrution of the Gentfrom Missouri.
Mr. HOGAN. I want to answer the gentlemans questions one at a time. How am I to answer the gentleman when he continues to put to me multitudine us questions? How can I answer one when you throw me off by another? I would then be like the gentleman and his party, at cross purposes all the time, running zigzag. [Laughter.] The Democratic party is not dead. There are nearly 2 millions in the loyal States of the North, and although they have only 20 or 30 members to represent them, yet they are within a small majority of the American people. It is the terrible thunder of that party that gentlemen are now fearing, which is to roll u ike clouds in a summer skywhen storms are lirewing. They are terribly alarmed at all this when they are talking about the death of the Democratic party. As to the 2nd inquiry, if the gentleman had listened to me before he made it he would have seen not only I am not for slavery, but thatI have never been for it. So much for that. But, sir, this is only a portion of the argument I am making to show that the gentlemen 0n the other side of the House, by consuming so much of the time of Congress declaiming about negro slavery, are doing a great wrong to the American people. I say in reference to all of these matters and it cannot be contradicted, that during the existence of slavery in the South more of this race of people whose ancestry were pagans have been broughtthrough the instrumentallties of Christian teachings to the consolations and enjoyments of God than were broughtto them by the labors of all the missionaries which have ever been sent out by the Christian nations in order to convert pagans to Christianity.
Mr. MORRIS. Will the gentleman allow me to interrupt him now?
Mr. MORRIS. I am happy to hear the Gentleman allude to Christianity and to the Gospel. Now, sir, like Paul Iwas born
Mr. HOGAN. Is the gentleman going to make a speech or to ask a question?
Mr. MORRIS. I wish to make a statement, and then to ask aquestion.
Mr. HOGAN. must decline to yield for a speech.
Mr. MORRIS. I hope the gentleman will allow me to make a brief statement.
Mr. HOGAN. You may make that after I am done.
Mr. RADFORD. I object to further interruption.
Mr. MORRIS. I will ask the question, then. I was born and bred in the Democratic party, and
Mr. ELDRIDGE. I rise to a question of order.
Mr. MORRIS. I sustained Andrew Jack son, Thomas H. Benton, and Silas Wright.
The SPEAKER. The Gentfrom missourideclines to yield.
Mr. MORRIS. Was the gentleman bred in the same school?
Mr. ELDRIDGE. Is it in order for the gentleman to say he was born in the HoRep? [Laughter]
Mr. HOGAN. I was not born a Democrat myself.
Mr. MORRIS. Did the gentleman sustain Andrew Jackson, Thomas H. Benton, and Silas Wright? I did. I do so now.
Mr. HOGAN. I do not think they are before the House at this time. The question before the House is the Presidents message; yet I will say my 1st vote was given for Andrew Jackson.
Mr. MORRIS. Let me ask a direct question. Were the Jews the true representatives of Abraham, though they claimed to have him for their father, or had they departed from the fait?
Mr. MORRIS. Will the gentleman allow a question?
Mr. MORRIS. Does he know, or has he ever heard, of Mr. Johnson, of Canandai ua, NewYork, or Frederick Douglass, of RO0 es ter, 2 eminent orators and scholars, made so in that locality, the 1st now a missionary in Africa?
Mr. HOGAN. Very well; that shows what 1 have been contending about that in the Ine rth there are exceptions to the general rule. say that this race of people providentially thrown in among us are the most docile in the world, and are well calculated to receive the greatest possible good. I do not say that they are all ignorant, or that they are all pagans. Not at all. I have not known personally Mr. Doug lass, nor the other man that the gentleman referred to in Canandaigua; but I have been acquainted with men of that race years and ears ago who were men of intellect, men of earning, men of piety, men of glorious from ise, men of eloquence, men of power. have known such men go toAfricau on the mission that divine Provience points out for them, and there they are instilling the truths of. Christianity, which they learned here, into the dark and henighted minds of those from whom their ancestors were stolen. Now say furthermore, in reference to this genera. question of slavery and I do not want to make my speech all about that; indeed, but for the interruptions I should probably have been done with that subject some time agowhat are you doing now with these freed people? You have emancipated them by millions after sacrificing lives innumerable.
The SPEAKER. The gentleman has 4 minutes and a half left.
Mr. ASHLEY, of Ohio. I move that the gentlemans time be extended 15 minutes.
Mr. HOGAN. Oh, no; I cannot finish in 15 minutes. I have lost 20 minutes by interruptions.
Mr. ASHLEY, of Ohio. Well, I will say half an hour.
Mr. HOGAN. IfIam let alone, Iwill agree to finish in an hour. [Laughter.]
The SPEAKER. The Chairis informed that there are several gentleman who desire to speak today.
Mr. MORRIS. I move that the gentlemans time be extended 30 minutes.
Mr. HOGAN. This is a lost day anyhow. The motion of Mr. MORRIS was agreed to by unanimous consent.
Mr. HIGBY. Will the gentleman allow me to ask him aquestion?
Mr. HOGA. Well, I have but a few minutes left.
Mr. HIGBY. It is not often that I interru t anyone, and it is a candid question that I csire to ut.
Mr. HOGAN. I really cannot yieldto the gentleman. If I do, it would be impossible for me to get through with my remarks. I wish to call the attention of the House to another fact in reference to this matter. Not only did Congress, in 1861 declare that these States could not and should not be disrupted, butI find that at the very next session the 2nd session of that Congress a question arose in reference to this matter which settled, so far as Congress was concerned, these oiuts to which I have been referring. I find tint at that session a resolution was offered to admit A. J. Clements to a seat from the 4th district of Tennessee. Now, Tennessee, according to the present doctrine, went out of the Union when she acceded. Horace Maynard also remained in the House as a member from Tennessee. I find that on the 13th of Janu ary, 1862, (House Journal of that session, page 166) on motion of
Mr. LEBLOND obtained the floor. CIVIL nionrs.
Mr. WILSON, ofIowa. The Gentfrom Ohio [Mr. Li: BLoxo] consents to yield to me that I may make a brief statement. I presume, Mr. Speaker, that a message from the Senate communicatiu the action of that body on the civil rights bil will be received by the House on Monday morning. Idesire to state now, for the information of those members who are here, and in order that the notification may O out in the reports of todays proeeedings, t iat on Monday immediately after the morning hour, if the message shall at that time have been received, I shall ask the House to take up that bill, and after the reading of the veto message, I intend to demand the previous question, and if possible bring the House at once to a vote.
Mr. FINCK. I desire to ask the chairman of the ComJudiciary [Mr. WILSON, of Iowa] whether no discussion will be allowed on that question. I would like to submit a few remarks.
Mr. WILSON, of Iowa. It is not my intention, Mr. Speaker, to allow any discussion, if the House will 2nd the previous question. The bill has already been very thorbughly discussed.,
Mr. FINCK. But events have since transpired which, it seems to me, warrant at least some discussion on so important a measure. I trust the House will on.Ionday permit some discussion.
Mr. WILSON, of Iowa. I only desire to give notice of the course which I deem it proper to pursue.
The SPEAKER. No arrangement which would bind the House can be made at this time, as today has been fixed exclusively for debate. The Gentfrom Iowa gives notice that he will at the time named call the previous question, which a majority of the House can either 2nd or refuse to 2nd, as they may prefer.
Mr. ELDRIDGE. It seems to me that the Gentfrom Iowa ought not to insist on ushing that bill through without discussion. 1 he House, certainly, has not been very industrious during the last 2 or 3 weeks Almost every day we have adjourned at an early hour, and the evenin session has almost invariably been dispense with. Certainly there is no necessity for pushing through a matter of this kind under the WCVlOUS question. It is absurd that it slioul be done. It has not been done in the Senate. I ull discussion has beeuhad there since the bill has I been returned. The bill ought not to be ushed through in this House under whip an spur. To do so would be a disgrace to the House.
Mr. WILSON, of Iowa. That will be a matter for the House to determine. I intend to move the previous question. If the House will support me, we 5 all take a vote imme diatcly after the reading of the message. If that will be a disgrace to the House, the House will take the responsibility of deterinininv whether to inflict the disgrace upon itself shall make that motion, depending upon a majority to sustain me. RECONSTRUCTION.
Mr. PERHAM obtained the floor. QUARTERMGENS EMPLOYEES, ETC.
The SPEAKER laid before the House a communication from the SecyWar, in regard to officers employed in the QuarterMGen’s office in Washington, rnd information respecting Corcorans Art Building; which was laid upon the table, and or derered to be printed and then, on motion of
Mr. GRINNELL, (at 4 oclock and 35 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions. &c., were presentedunder the rule and referred to the appropriate committees: By Mr. BOUTWELL: The petition of William Clayton, a nduthers,  citizens of South Adams, Massachuse tts, in referenceto the tariff. By Mr. DELANO: The petition of Sylvester Best, and 62 others. citizens and wool growers of Knox county, Ohio, and John Iliiyiie, and 50others, citizens and wool growers of Licking county, Ohio, praying an increasedtariff on foreign wools. By Mr. GARFIELDQ The petition of Singleton King and 43 others, citizens of Youngstown. OhioI praying for the passageofa law by Congressto regulate insurance companies. By Mr. SCHENCK: The petition of citizens of Ohio, for an increasedtariff on wool.
@@@IN SENATE SENATE. Meson, April 9, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. COMMITTEE sunvren.
The President protempers appointed Messrs. GBIMES, MORGAN, end HENDRICKS the committee of conference on the part of the Senate, on the bill (H. No. 122) making appropriations for the naval service for the year ending 80th June, 1867.
The PRESIDENT protempore a pointed the following members to constitute the select committee to consider the bill (S.No.249) to incorporate the National Telegraph Company, agreeably to the order of the Senate of the 5th instant: Mr. SHERMAN, (chairman) Mr. CLARK, Mr. HARRIS, Mr. BROWN, and Mr. NESMITH.
The President protempore laid before the Senate a communication from the SecyWar transmitting, in answer to a resolution of the Senate of March 12, 1866, a report of the chief Engineer furnishing information in relation to the amount of money required for the improvement of the harbor at the mouth of Fox river, Wisconsin; which, on motion of
Mr. Hows, was referred to the ComCommerce, and ordered to be printed.
The PRESIDENT protempore also laid before the Senate the lgllowing message from the POTUS: To the Senate of the U.S.: I transmit a communication from the SecyInterior, with the accom auying papers, in reference to grants of Ian s made y acts of Congress passed in the cars 1850, 1853, and 1856, to the States of isssisippi, Alabama, Arkansas, Florida, and Louismua to aid in the construction of certain railroads. As these grants will expire by limitation on the 11th day of August, 1866, leaving the roads for whose benefit they were conferred in an unfinished condition, it is recommended that the time within which they may be completed be extended for a period of 5 ears. Andrew OHNSON. WASHINGTON, D. G., April 7, 1866.
Skip Skip PETITIONS and MEMORIALS.R. HOWE presented the petition of N. Dan iels, late captain 3rd Wisconsin infantry, praying for coinpensatiorifor horses lost by him while in the service of the U.S.; which was referred to the ComMilAffrs . Mr. WILLIAMS presented a petition of the citizens of the State of Oregon and Washington Territory, praying for the payment ofclaims that accrued to those citizens in the Indian war of 1855 and 1856, in accordance with the order of a commission authorized by act.of Congress to audit such claims; which was referred to the ComMilAlfairs and the Militia. He also presented a petition of citizens of Oregon, praying for the establishment of a wee cly mail route from Oregon City to Leba non, in that State; which was referred to the ComPostOffices. Mr. WILSON presented a petition of citizens of Albemarle county, Virginia praying for the passage of an act exempting
Mr. MORGAN. I present concurrent resolutions of the Legislature of NewYork relative to the terms and conditions on which States in rebellion should be admitted to representation in Congress. Imove that they be printed and referred to the JtComReconstruction. The motion was agreed to.
Mr. MORGAN. I ask for the reading of the resolutions.
Mr. KIRKWOOD. I desire to have referred to the ComClaims the petition and papers of James P. Johnson, now on the files of the Senate. The papers were referred to that committee at the 1st session of the 30 8th Congress, and, I have been informed, were reported upon favorably, but no bill for his relief was ever passed by Congress. I now wish to have the papers again referred to the same committee. The motion was agreed to. On motion of
Mr. CLARK, it was Ordered, That the memorialof EdmundF. Brown, a notary public of the U.S and commisssiener of Washington city. prayi B for the payment of mono which he allegesto be nohim for services rondere in taking certain (IGFOSIHOHS. Be taken from shceilles of the Senate, and reerredto the Committee 11 moms. On motion of
Mr. SUMNER, it was Order: That the messagofrom the POTUS, transmittinga reportfrom the SecyState, with accompanying papers, in relation to the claim on this G ovsrnment of the owners of the British yesse lMagiciennc, and recommending an appropriatiomforthesatisfactionof the cl:iimpur s5uthanintsttoatnhte, baewreafirdnoefdthteoathrbeiteraotmorms, itrtceceeoivned Foreign Relations. CHANGE OF REFERENCE.
Mr. SHERMAN. A House JtResolution (H.R.No. 67) providin for the reappraisament of the lands prese ried in an act for the relief of William Sawyer, and others, of Ohio, came here the other day, and by inadvertence was referred to the ComIndAffrs. It ought to have gone to the ComPrivLandClms; and I move that the ComIndAffrs be discharged from the further consideration of that resolution, and that it be referred to the ComPrivLandClms. The motion was agreed to. REPORTS or COMMITTEES.
Mr. WILSON. I am directed by the comMilAffrs , to whom was referred the bill (H.R.No. 360) to reimburse the State of Pennsylvania for mon eys advanced Government for war purposes, to report it back without amendment; and I desire to give notice that I shall endeavor to call it up tomorrow morning.
Mr. DOOLITTLE, from the ComMilAffrs , to whom were referred resolutions of the Legislature of Kan Bits, in favor of an appropriation to that State to reimburse the citizens thereof for money expended by them under the call for volunteers of December 19, 1864, and the draft resulting therefrom, and in favor of the allowance of the same bounty to persons held to service under that draft as was paid to volunteers under the call, in pursuance of which the draft was made, asks to be discharged from their further consideration; which was agreed to. He also, from the same committee, to whom the subject was referred, reported a bill (S.No.250) to authorize the SecyWar to settle the claims of the State of Kansas for services of the militia called out by the governor of that State, upon the requisition of Major GenlCurtis, the commander of the U.S. forces in that State; which was read and passed to a 2nd reading, and the papers accompanying it were ordered to be printed. EMMA J. HALL.
Mr. LANE, of Indiana. The ComPensions, to whom was referred the amendment of the HoRep to the bill (S.No.181) for the relief of Emma J. Hall, have instructed me to move the concurrence of the Senate in the amendment, which is simply to make the bill comply in its form with the existing law. I ask for action upon it now.
The Secretary read the amendment of the HoRep, which was to strike out all after the enactin clause of the bill and insert in lieu of the wor s stricken out the following:. That the secyInterior be and hereby is. authorized and directed to place the name of Emma Jane Hull, widow of Perry Hall, deceased. late a chaplain in the 79th regimentIndi ana volunteers, upon the pension rolls at the rate now proscribedbylaw for officersof his rank and to be continuedduring her widoivliood.
Mr. LANE, of Indiana. By inadvertence in the Senate bill, the ComrPension was directed to place her name on the roll. The law requires that the business of pensions shall be in charge of the SecyInterior. The amendment simply changes the senate bill in that particular. The amendment was concurred in. counties prowousnsn soLnisas.
Mr. WILSON. The ComMilAffrs , to whom was referred the JtResolution (H.R.No. 105) giving construction to the law in relation to bounties ayable to soldiers discharged for wounds, have directed me to report it back to the Senate without amendment; and if there be no objection I ask that it maybe put on its passage now.
The President protem ore. It requires unanimous consent to considerthe JtResolution on the day it is reported. Is there any objection?
Mr. SHERMAN. What is it? Let it be read for information.
The Secretary read the JtResolution; which declares that the true intent and meaning of the words “or in the line of duty” used in the 4th, section of the not approved March 3, 1865, entitled “An act to amend the several acts heretofore passed to provide for the enrollin and calling out the national forces, and for other purposes, ” requires that the benefit of the provision of that section shall be extended to any enlisted man or other person entitled bylaw to bounty who has been or may be discharged by reason of a wound received while actually in service under military orders, not at the time on furlough or leave of absence nor engaged in any unlawful or unauthorize act or pursuit. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution.
Mr.FESSENDEN. I should like to have some exlanution of the resolution.
Mr. WILSON. It is simply to give a construction to the act of last year in regard to bountics. By the practice of the Dept if a person is wounded while not strictly in what is called the “line of duty" he cannot receive any part of the bounty. I understand that in one case where a man was practicing in loading pieces and was thereby injured, no bount. could be obtained. If a soldier is wouned infracticing with a cannon at a fort, or if in builing a bridge in front of the enemy he falls off the bridge and is harmed in that way, or if he is run over by a team while on duty, the construction is hot he cannot be allowed the bounty. This JtResolution allows the bounty to those persons who have been wounded while engage in any way in the service, provided they were not on leave of absence or engaged in any unlawful act when injured. I think it is but fair and ust. The JtResolution was reporte to the senate without amendment, or ered to a 3rd reading, read the 3rd time, and passed. BILLS rsriionnenn.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to int oduce abill (S.No.255) to remit and refundcertain duties which was read twice by its title, and referred to the ComCommerce. He also asked, and by unanimous consent obtained, leave to introduce abill (S.No.256) to equalize the distribution of the national currency, which was read twice by its title, referred to the ComFinance, and ordered to be printed. He also asked, and by unanimous consent obtained, leave to introduce abill (S.No.257) to regulate the occupation of mineral lands, and to extend the right of preemption theieto; which was read twice by its title.
Mr. SHERMAN. This bill was framed with a view to carry into effect the recommendation of the SecyTreasury, and I suppose the better reference would be to the ComMining. I move that it be referred to that committee and printed. The motion was agreed to.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce abill (S.No.258) to provide for the erection of warehouses in the port of NewYork for the reception of goods and merchandise arriving in vessels subject to the iiarnntine by the laws of the State of NewYorkr; which was read twice by its title, referred to the ComCommerce, and ordered to be printed. REPRESENTATION OF SOUTHERN STATES.
Mr. LANE, of Kansas. I ask the consent of the Senate to take from the table Senate JtResolution No. 59, for the purpose of refer once.
The President protempore. Will the Senator indicate the committee to which he desires it to be referred?
Mr. LANE of Kansas. I suppose under the rule it will go to the ComReconstruction.
The President protempore. It is moved that the JtResolution (S.R.No. 50) providing for admitting Sens&Reps from the States lately in insurrection into the Congress of the U.S., be taken from the table and referred to the ComReconstruction. The motion was agreed to. E. W. EDDY.
Mr. NESMITH. If the morning businessis through, I move to take it House bill No. 394. The motion was agree to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 394) for the relief of the estate of E. w. Eddy. By its provisions, the properaccounting Officers of the Treasury are to allow to the estate of E. W. Eddy, late paymaster in the U.S. Army, a credit of $200,000, the amount of public funds in his hands as paymaster on card the steamer Brother Jonat an, lost by the wreck of that steamer, on the 30th day of July, 1805, 06 the coast of California. The final order for the allowance of the credit is not to be made until the whole subject connected with the alleged loss shall be full investigated by the PayMGen and he shall certify to the properdo aitment of the government that e loss of the vessel has been fully proved.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. REVISION OF THE STATUTES.
Mr. POLAND. I move to take up Senate bill No. 69, providing for a revision of the statutes of the U.S.
Mr. FESSENDEN. I hope my friend will not push that this morning. I am very desir ous to take up the loan bill, which has been before us for some time. I think it will not take long, and the bill of the Senfrom Ver mont may occasion debate.
Mr. POLAND. I think it will take but a few moments.
Skip Skip The bill was reported to the Senate as amended; the amendments were concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. Ways&Means.
Mr. FESSENDEN. I move that the senate proceed to the consideration of the bill (H. t. No. 207) to amend an not entitled “ An act to provide Ways&Means to support the Government, ” approved March 3, 1865. The motion was agreed to; and the bill was considered as in ComWhole. It is proposed by this measure to enact that the not entitled “ An act to provide Ways&Means to support the Government, ” approved March 8, 1865, shall be extended and construed to authorize the SecyTreasury, at his discretion, to receive an Treasury notes or other obligations issued under any act of congress, whether bearing interest or not in exchange for any description ofbonds authorized by the act to which this is an amendment; and also to dispose of any description of bonds authorized by that act, either in the U.S or elsewhere, to such an amount, in such manner, and at such rates as he may think advisable, for lawful money of the U.S.; or for any Treasury notes, certificates ofindebtedness, or certificates of deposit, or other representatives of value, which have been, or which may be, issued under any act of Congress, the rocueds thereof to be used only for retiring Treasury notes or other obligations issued under any act of Congress; but it is not to be construed to authorize any increase of the public debt. Of U.S. notes not more than $10,000,000 may be retired and canceled within 6 months, and thereafter not more than $4,000,000 in anyone month. The act to which this is an amendment is to continue in force in all its provisions except as thus modified. The SecyTreasury is to report to Congress at the commencement of the next session the amount of exchan es made or money borrowed under this act, an of whom and on what terms; and also the amount and character of indebtedness retired, with a detailed statement of the expense of making such loans and exchan es.
Mr. FESSENDEN. I have simply to say that this bill is reported by the ComFinance without amendment as it came from the HoRep. The ComFinance, on careful examination of it came to the conclusion that the bill was well enough as it stood, and did notdeem it advisableto make any amendment. It has been before the Senate a considerable time, and I presume ever Senator understands it. I ask, therefore, or the question.“
Mr. FESSENDEN. If the HoRep did not understand what they were doing when they iassed this bill, it arises from the fact that they did not give the rein to their imagination, as the honorable Senfrom Ohio seems to have done to his, and take it for granted that the SecyTreasury had a purpose to accomplish, and that he would not hesitate to take any means in his power to accomplish it, improperly, against the manifest will of Congress, against the interests of the country, and against his own interests as SecyTreasury.
Mr. SHERMAN. I appeal to the Senator whether that is a fair statement of my argument? 1
Mr. FESSENDEN. That is the way precisely that I understand it.
Mr. SHERMAN. That is precisely as no gentleman could have understood me. I never said that the Secretary improperly would do so and so by any means. It is one of the honorable Senators modes of stating propositions.
Mr. HOWE. Vhat is the amount of them now
Mr. FESSENDEN. I do not know; it is not very large: about 60 millions. I believe.
Mr. SHERMAN. 62 millions. He has power under the present law to convert them into bonds bearing interest.
Mr. CHANDLER. Mr. President, during the continuance of the rebellion, when we ha a million men in the field, and were spending 7 or 800 million dollars a year, it was necessary to confer extraordinary upon the SecyTreasury. goIowueerys we must have; without money we must give traordinary, powers upon the SecyTreasury. We did right because the life of the nation was at stake. But, sir, now that the rebellion is ended, I am unwilling to renew those extraordinary powers that we were com, pelled to grant to him during its continuance. Under the act of March 3, 1865, which is continued by this bill, the Secretary has power to issue any class of bonds he sees fit, the interest not to exceed 6%. in coin, and the time not to exceed 40 years. From the breaking out of the rebellion it was the policy of Congress not to issue long interest bearing high rate bonds. I believe the Senfrom Maine himselfadvocated the 520 bonds. Those 5 tweut bonds proved a success. We have ascertaine that we can run the Government on 520 bonds. They have never failed us. Now, why at this late day will you put it in the power of any man or set of men to issue long high rate interest paying bonds, 4year bonds? English 3%s are today worth 88, and assuming that the credit of this Government is as good as that of GreatBritain and no man doubts it tbat. would make our 4year 6%. bonds today worth 176.
Mr. FESSENDEN. There has never been a 4year bond bearin 6%. issued.
Mr. FESSENDEN. It is onlyto exchange one species of security for another.
Mr. CHANDLER. Certainly, to exchange one piece of paperfor another; in other words, the Secretary can take upyour 520 bonds and issue 4year 6%. bonds in their place if he sees fit. You give him that power. Vhy give it to him? You say he will not exercise it. I do not know that be will; I hope he will notbut the Senator, who was once SecyTreasury, knows that all men who engage in monetary affairs are not to be trusted to the fullest extent when their interests are at stake. If he does not exercise these powers, why give them to him? If he does, they are dim erous.
Mr. FESSLNDEN. The Senator is arguing the bill on a supposition; he evidently has not read it. It authorizes the SecyTreasury to dispose of any species of bonds authorized by the act of March5, 1865, how? In such mannerand at such rates as he maythink advisub. For what? For lawful money of the U.S or for any Treasury notes, certificatesofindebtodness or certificates of deposit or other representatives of value which have beenor which may be issuedunder any act of Congress, the proceeds thereofto be usedonly for retiring Treasurynotesor ot erobligutions issued under any act of Congress; but nothing herein contained shall be construed to authorize any increase of the public debt. I resume that under that authority nobody won (1 dream of exchangin bonds or securities of one kind for another uness the latter bonds were coming due and must be met in some way or other.
Mr. FESSENDEN. gecause it is necessary in order to meet those very things when they become due: he must have the power.
Mr. SHERMAN. My friendfrom Michigan will allow me to state that the 2nd clause of this bill unquestionably gives the Secretary power to dispose of any class of securities de scribed there, and the Secretary not only expects to pay them before they are due but he is now doing it every day. He has the power under this bill to do it.
Mr. FESSENDEN. He has as much as he can do to retire those absolutely due.
Mr. SHERMAN. Under the present law he has the power to make an exchange.
Mr. FESSENDEN. He has power to do that, but he cannot dispose of the ends. That is what he wants.
Mr. CHANDLER. While I admit his honesty, fidelity, and integrity, I must say that in myjudgment a man possessing these powers who was not honest could make more money than anyone individual in these U.S. is worth. We have no assurance that he will live forever, or that he will live one year, and another man may take his place who will not be as honest and as capable as he is.
Mr. FESSENDEN., We must take it for anted that we must have honest men now, in t t office especially.
Mr. CHANDLER. I should like to have this bill lie over until tomorrow.
Mr. FESSENDEN. I do not see why. It has been on the table a fortnight.
Mr. CHANDLER. d have never looked at it until this morning, and I should liketo have it lie over until tomorrow.
Mr. FESSENDEN. We shall have other matters for tomorrow.
Mr. ANTHONY. It seems to me ifI am mistaken, those gentleman who have examined the matter more, and are better qualified to examine it, can correct rue that we make a mistake when we assume a prosperous condition ofour finances from the redundant internalrevenue. A large portion of that revenue is derived from productiou, from manufactures of cotton, wooi: leather, iron, rubber, &c., the excise duty on which is 6%. All those articles have within a few weeks fallen in price, an average, I suppose, of 40%. The falling off of the revenue will e much more than 40%. The falling off in the excise alone will be 40%.; but then where large incomes were returned from manufacturing districts last year, there will be no such incomes this year, and probably none at all. I do not believe that this falling offin the price is to be made up by increased reduction, because the business of almost all, the industrial pursuits is now very far from prosperous, and many of the mills will stop unless there is a change in prices. It seems to me we cannot calculate upon anything like the internalrevenue from these sources this year that we had last year. How far that will be made up from the increased returns. from the duty on spirits, I cannot pretend to say; but I think the argument drawn from the present internalrevenue is not a safe one to rely upon as to the future of our finances.
Mr. FESSENDEN. We cannot calculate on the duty on spirits, because a great many distillers are shutting up their distilleries, saying they cannot compete with cheating.
Mr. FESSENDEN. Those people will not take them.
Mr. SHERMAN. Then he can sell the 5 tweuties under the present law. There is no necessity to pass a bill to meet that difficulty. He can at them upon the market.
Mr. SHERMAN. He can sell substantial y. There is no trouble in regard to that. I think the power given last year is ample for that purpose. The truth is he has had more money than he has used for such purposes, as I shall show before I get through. In regard to the 7 thirties, the honorable Senator agrees with me that it is not expected that they will be paid in money; the holders undoubtedly will avail themselves of their privilege to convert them into 5 twenties, so that the are not to burden the Treasury. They will be converted into 5 tfwegties, and wi ost one the yment tihait oteprincipa of all oizthdlm 5 yogi Lsmore, and give the government the Option of paying them after any time within 20 years. There is, therefore, no object in this bill to provide for the credit of the Government, because the credit of the Government is already provided for, and the SecyTreasury has ample power for that purpose. What, then, is the purpose of the bill? I think the Senator frankly stated it; it is to declare the policy of the reduction of the nouinterest bearing legal tenders. Under the present law, l he has power to retire every dollar of the interest bearing legal tenders by exchange; he may redeem them when they become due, and no portion of them will be due until August, 1867, and then they mature gradually, and not in bulk. He has power under the existing law to retire them by exchange of any securities for them, and with the present casein the money market there is no ditheulty in retiring them whenever he can get hold of them. Whenever he can get hold of them he is now retiring them. The trouble is that they are soughtfor and held by brokers and banks and baniers, and therefore he cannot reach them until they become due, when they will fall into the body of the national debt. There is no object in passing this bill except to contract the currency, and the honorable Senator says the Secretary will not do that to an unreasonable extent.
Mr. SHERMAN. He says he will in his annual report.
Mr. FESSENDEN. He says that is a.matter that should be done as soon as it can be done safely and properly.
Mr. SHERMAN. He says he will do it. That is the whole theory of his proposition, and he is doing it. He is doing it in the very way I havementioned. The SecyTreasury accumulates large balances on hand. Our friend here on my right [Mr. Fussnxnnx] had no such balance in his hands when he was Secretary there; he was very glad to have a much less balance; and for the ordinary purpose of the Treasury Dept, is there any occasion for the enormous balance now held there? What is that balance held there for? The balance has been so great that he actually has retired notes that are not due for 2 and a half years.
Mr. FESSENDEN. That was merely to save interest. How long will that continue? He cannot tell what demands there will be.
Mr. SHERMAN. I say there is no necessity for this bill for funding the debt. The limit that is put upon the use of his power over the currency is ample if it was only effect ive. I would have no objection conferring on him the power to dispose of bonds to meet bills as they mature. Indeed, I may say that was one of the amendments I proposed, but I do not intend to propose them to a Senate so thin as this is, that the power to sell bonds should be only to meet accruing indebtedness. Give him one year if you choose to do it in, but no more. I do not think it is wise to confer on the SecyTreasury the power to meet the indebtedness not accruing for a year or 2 or 3 years. I do not think it is necessary in our present financial condition to authorize him to go into market now and sell bonds at current market rates with a view to ay debts that do not mature in a year or two. have no doubt before the 520 loans are due we shall retire every dollar of them at 4 or 5%. interest. No one who hoods the rapid developments of new sources of wealth in this country, the enormous yield of gold now, the renewal of industry in the South, the enormous yield of cotton, the growing wealth of this country, and all the favorable prospects that are before us, doubts the ability of this Government before this debt matures to reduce it to 4 or 5%. interest. I therefore do not think it wise to place it in the power of the SecyTreasury to sell 6%. long bonds or any class of bonds, even 5%. bonds, except to meet accruing indebtedness. This I am perfectly to do the SecyTreasury mwayillisnegl bonds at any rate to meet debts as they accrue, but that is not the purpose of this bill.
Mr. FESSENDEN. That is all the purpose there is in it.
Mr. SHERMAN. Then there is no neces sit for it.
Mr. FESSENDEN. Yes, there is. I differ from on.
Mr. SHERMAN. We have here the tables before us. The honorable Senator and I know when this debt matures.
Mr. FESSENDEN. The Secretary has not i power to sell bonds as the law now stands.
Mr. SHERMAN. The power is clearly given in this section to dispose of any description of bonds for any certificates of indebtedness or for any Treasury notes due.
Mr. FESSENDEN. Very well; can he go and sell them and appropriate them to taking up legal tenders?
Mr. SHERMAN. Certainly. I will state here that I have in my hands a table showing that the SecyTreasury used a portion of the surplus revenue for the purpose of retir in the 7thirties not due for 2 years and a half to come. He has retired of the 3rd issue of 7thirties, $7, 700,000; and of the 2nd issue, not due until June and July, 1868, $4, 402,000; making an aggregate of $12,000,000 which he has retired in the very mode provided in this bill.
Mr. FESSENDEN. But a question was raised as to the power to do that and, on consideration, he had strong doubts about it. That is the very power which he wants now conferred on. lum.
Mr. FESSENDEN. You do not consider the compound interest notes as anything.
Mr. SHERMAN. I do. not, because they are not in circulation, and the Senator could not get them if he should try.
Mr. ANTHONY. What was the circulation before the war?
Mr. SHERMAN. 207 million dollars in paper, and perhaps $100, }000,000 in gold. It is difficultto tell how much I, gold there was in the country. In the present condition of affairs I do not think it is necessary to retire any portion of the currency in order to get back to specie paments. I do not think our currency is supera undant. The reasons are obvious. We are now developing the mining regions. The gold is increasing with great rapidity. The amount of gold in the country I believe in 5 years will approach the amount of our legal tender currency, so that the one will be convertible into the other. The proportion of gold to our legal tender currency at this day is greater than it was at the beginning of the war. Exchan e with all countries is in our favor. Bills on ngland can now be had for 106. We have vast uses for the currency. It is being absorbed in the southern States and held there. They are glad to sell anything they have got for it. Cotton, which was hardly counted, indeed, when the war ended, has yielded enormously.
Mr. MCDOUGALL. Allow me to ask the Senator a question. Is the rate of exchange on England of which he speaks, 106, the rate n go] or in currenc?
Mr. SHERMAN. In gold. That is 2 or 3%. n our favor.
Mr. CHANDLER. I move to strike out in the 11thline of section one, after the word “act” the word “either, ” and in the 12th line, after “ U.S. ” to strike out “or elsewhere.” I am opposed to contractin a foreign loan under any circumstances. IVs have gone through the war without borrowing one dollar from abroad. If our bonds have gone abroad it is because the money was sent here to buy them and take them; but I am opposed, now that the war is over, to applying to the English stock exchange or any foreign stock exchange, hat in hand, begging that they will, now that we do not need it, loan us a little money. We have shown our capacity, our ability, to carry this debt, and I am opposed to contracting a loan anywhere out of the U.S or in any currency but the dollars of the U.S. During the wars of Napoleon, while the English debt was rolling up to its enormous proortion, the people of GreatBritain accumu ated vast fortunes; and it was that English debt, that enormous debt, more than perhaps any other agency, that made London the financial center of the world. That center will change within your life, sir, and mine, if we live to old age; the moneyed center of the world is to be the city of NewYork at no distant day. London will be, as she is now, great and powerful, but not the center. We are already extending our railroads to the Pacific; the trade of China and the Indies is to pass through NewYork, and NewYork is to he the center at no distant day. Now, sir, why should a great nation like this, that has shown its capacity to carry this enor mous debt, and has carried it successfully and cheerfully, now negotiate a bond in franes, or pounds, shillin s, and pence?
Mr. FESSE DEN. There is no power in this bill to do that.
Mr. CHANDLER. What does “elsewhere” mean?
Mr. FESSENDEN. That is the question where you shall dispose of the bonds.
Mr. CHANDLE. To make aforeign loan, it means.
Mr. FESSENDEN. No; it is a bond of the description authorized by this set, no other description. It may be disposed of “elsewhere” than in the U.S.
Mr. CHANDLER. I am opposed to that, and therefore I propose to take away the power to negotiate “elsewhere” than in the U.S. I move to strike out “ either" and “elsewhere, ” so as to read, “in the U.S. ”
Mr. FESSENDEN. This is the 1st time I have heard any objection to that phrase; it has been in all the bills. We have not had occasion to resort to it, and I trust we shall not" It was 1st proposed to authorize a different description of bonds, one payable in a foreign currency, but that has been stricken out. This phrase is simply that if he finds it necessary or advisable to go abroad (which I do not think he will) he may go there and dispose of them. The object is simply that there shall not be a combination in this country, in Wall street or anywhere, to tie his hands, and if there is he may be able to control it by going into another market. It has been in all the bills.
Mr. FESSENDEN. I do not suppose that was the intention of the clause.
Mr. COWAN. I am also in, favor of this bill. I really can see no possible objection to it. It is exceedingly simple and obvious as a remedy. We have a large number of debts falling due along at various times during the next 18 months. This bill simply proposes to exchange the securities now outstanding for these debts for others runnin a longer time. That is the whole of it. The cbt is not to be increased by the operation. The only thing perhaps might be liable to some objection is the fact that the Secretary is authorized to take up securities payable on demand not bearing interest; but the proviso limits him so that he cannot retire more than ten millions of that kind of currency until within 6 months of the passage of the act and not more than $4,000, in any month after that time. No possible objection can be made to the exchange of our s ort securities for long ones where the interest is the same. However, it might be said it would be improper to take up notes not hearing interest and give bonds in exchange for them which the bill does; but that mise hief, if it be nmise hiefat all, can only be to the extent limited in the proviso; it cannot go any further.
Mr. HOWE. Will the Senator allow me to interrupt him? If he understands the bill aright, I do not. Under this bill, has not the SecyTreasury the right to dispose of 3, 4,or 500 millions of bonds in exchan e for Treasury notes and certificates of indebtedness?
Mr. COWAN. Unquestionably, and they are to be retired; but if he receives in exchange for these bonds U.S. notes, that is, demand notes not bearin interest, be can only retire to the amount of $34,000,000 in the year, and those are to be retired and canceled and at out of existence.
Mr. HOW. Now, suppose that he sells $200,000,000 of new bonds in exchange for $200,000,000 of Treasury notes, $34,000,000 of the $200,000,000 will be retired.
Mr. COWAN. They will all be retired if he receives Treasury notes.
Mr. COWAN. They will all be retired if he receives nothing but Treasury notes. If he should receive $34,000,000 of demand notes he may retire $34,000,000. If he receives $50,000,000 of demand notes he cannot retire more than $34,000,000; he will still retain on hand the other $16,000,000.
Mr. HOWE. Then the Government would owe that $16,000,000. That would be an out standing obligation.
Mr. COWAN. The Government will have that in possession as cash on hand.
Mr. HOWE. But if it pays it out, the government will still owe it., the 50 millions of bonds.
Mr. COWAN. Certainly, it will still remain in circulation.
Mr. HOWE and the Government will owe Then will not the debt be increased? That is the question.
Mr. COWAN. It cannot possibly be increased, because the $16,000,000 will be cash on hand, and with that $10,000,000 you may buy Treasury notes or anything you please and retire them to the same extent. It does not increase the debt a copper; it is simply an exchange of securities. it is to authorize the SecyTreasury to exchange before they become due short running securities forion ones; that is the whole of it.
Mr. MCDOUGALL. I do not rise in my place, Mr. President, for the our ose of discussing this bill. It is ameasure that has been considered, I suppose, by all Senators for some considerable time past. It belongs to the policy inaugurated by our present SecyTreasury. There seems to be great alarm at the idea of trusting the SecyTreasury, the moneyed officer of the Government. Perhaps it would be well to consider that in other classes of Governments, particularly in monarchical ones, men obey; in all free Governments men must trust. The Senfrom Ohio is trusted here with ahigh commission; and so the Senfrom Michigan is trusted by the people of his State. We have reposed conffence in men who under our system of government are selected for high offices. We have needed a system of finance, particularly since the commencement of this war. NO system was inaugurated under the late SecyTreasury, new Chief Justice. He never had any established policy. The present Secretary came in with financial skill and financial experience. He has exhibited hisinlormation on these great subjects so as to satisfy the country and Congress. I think confidence can be placed in his sound judgment. Whatis sought ere is to give him the privilege to inaugurate a policy. We have had no financial policy except so far as it has been arranged submade without any special license. We propose new to trust him, not with any large power, to handle our present indebtedness and to change its form so that it may be systematized. I think the legislation is wise. Again, I repeat, it is the feature of free Governments to trust, as it is the feature of monarchical Governments to compel obedience. We must trust our public officers.
The PRESIDING OFFICER, (Mr. POMEBOY in the chair.) the question is on the motion of the Senfrom Michigan to recommit tb bill to the ComFinance. The motion was not agreed to.
The PRESIDING OFFICER. The question now is on the amendment moved by the Senfrom Michigan, in section one, line 11, to strike out the word “ either, ” and in line 12 after the words “ U.S. ” to strike out the words “or elsewhere;” so that the clause will read: 1 and also to dispose of any description of bonds authorized by said act. in the U.S., to such an amount, in such manner, and at may such rates as he think advisable. &c.
Mr. CHANDLER. I should liketo have the years&nays on that amendment. The "cats&nays were ordered.
Mr. OWAN. I do not see any conceivable reason why that amendment should be adopted. If we have short securities anywhere, no matter where it is, whether in the U.S., China, GreatBritain, or anywhere else, what dilicrence can it make that the Secretary has the right to exchange them for long bonds?
Mr. COWAN. It is that he can only exchange in the U.S.
Mr. JOHNSON. To prevent him from exchangin except in the U.S.
Mr. COWAN. The effect of the amendment will be to confine the exchange to this country.
Mr. CHANDLER. Certainly, that is the intention.
Mr. COWAN. Then a foreigner who may happen to have our short paper, and may be willing to exchange it for long bonds, will not have the opportunity of doing so.
Mr. CHAIDLER. I suppose he will have to do it here, not there.
Mr. COWAN. I suppose the paperwill have to come here of course, but if the papercan come here and an exchange can be made with the foreigner, then the amendment can have no effect. It is mere idle words.
Mr. CHANDLER. The object of the amendment is perfectly well understood. It is to prohibit the SecyTreasury from going abroad to borrow money. We have not permitted him to do it during the rebellion, and I object to his doing it now. If Senators desire to send the SecyTreasury all over the world begging somebody to take his evidences of debt, then they will vote against this amendment; if they do not desire to have him do that they will vote for it.
Mr. FESSENDEN. The Senator is very much mistaken as to the facts. In the bill passed last winter, and in the bill passed the winter before that, he had authority to negotiate a foreign loan if he saw fit. He always had that power. The only question is whether by being confined to a particular place, he shall be placed in the hands of people who might combine to render his operations nugatory.
Mr. CHANDLER. f the Government of the U.S. proposes to place itself on a par with Turkey an the litt O German and South American States that send their loans into the English market and make them pay able there, it is all right. 1 object to it 11} Ioto. I consider that we are now taking our place among the great Powers, and that it is humil iating for us to make the evidences of our indebtedness pavable anywhere outside of the territory of the U.S. It never shall be done by my vote.
Mr. FESSErDEN. The Senator does not understand what he has been talking so much about to this moment. There is no proposition here to make it aynble abroad. d
Mr. CHAND ER. You authorize him to do it.
Mr. FESSENDEN. No, sir; there is no such authority.
Mr. CHANDLER. Then what are these words in here for?
Mr. FESSENDEN. They are in there to enable him, if he sees fit, to dispose of our obligations abroad.
Mr. CHANDLER. Precisely, that is what said.
Mr. FESSENDEN. But that does not make them payable abroad. There was such a proposition in the original bill, but it was stricken out in the HoRep. There is no such thing in the bill now. All that he has power to dispose of is “ the bonds authorized by the act to which this is an amendment, ” and that refers to the act oflast year, and they are all payable in this country. the question being taken by yeas&nays, resulte yeas 6, nays 85; ABSENT 8. So the amendment was rejected.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, and was read the 3rd time.
Mr. CHANDLER. I desire to have an opportunity to record my vote against the bill, L and I therefore ask for the yeas&nays on its passage. The yeas&nays were ordered; and being taken, resulted years 32, nays 7; ABSENT 10. So the bill was passed. PERSONAL EXPLANATION. Mr. WADE. In the remarks that I made on Friday last I stated, in relation to Mr. Voorbees, of Indiana, that he had been one of the Knights of the Golden Circle, and that upon a judicial investigation it came out that he was the keeperof the records, &0. The Senfrom Indiana [Mr. HENDRICKS] immediatel rose and stated that that was not so, and I intended, of course, to take back what I had stated, on his representation. My authority for the statement was a newspaperthat stated it as a fact, and I had never heard it contradicted, and believed it was so, but Mr. Voorhees says I was entirely mistaken; the Senfrom Indiana says the same thing, and I have no doubLI was wrong in making the charge, and I take great pleasure in taking it back.
Mr. GRIiIES. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. MONDAY, April 9, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday last was read and approved. The SPEAKER stated as the 1st business in order the call of the States and Territories for bills and JtResolutions on leave for ref erence, not to be brought back into the House on a motion to reconsider, commencing with the State of Maine. Nobills or resolutions were offered. APPROVAL OF THE PRESIDENT.
The SPEAKER stated, as the next business in order, the following resolution submittedby Mr. DAVIS on the 10th of January last, on which the Gentfrom NewYork [Mr. Rnnoxn] was entitled to the floor for 50 minutes: Eeaolved, That this House cherish the most entire confidencein the patriotism and ability of the POTUS and in his desireto restorethe Union on a basisof permanent ros crity and peace; and that the conperation of this House is pledged to him in support of the general policy of reconstruction inaugurated by him inn ll modes authorized by the Constitution and consistentwith the security of republican institutions.
Mr. RAYMOND. Mr. Speaker, I suppose it will meet the consent of the House as it will mine to postpone the further consideration of the resolution for the present. I move that it be ostponod for 2 weeks from today.
Skip Skip The motion was agreed to. Mr. WILSON, of Iowa, mtRtv the motion was agreed to; upon the table. Agreed to. ASSASSINATION OF PRESIDENT LINCOLN, ETC.
Mr. BOUTWELL submitted the following preamble and resolutions, and demanded the previous question: Whereas the POTUS did. on the 3dday of May, in the year 18. by proclamation declare and make known that it did then appear from evidence in the Bureau of Military Justice that the atrocious murder of the late President. Abraham Lincoln, and the attempted assassination of Hem William H. Seward. SecState. were mcited, concerted and procured by and between JeffersonDavis lateof Riehrnond Virginia and Jacob Thom son, Clement 0. Clay, Beverly Tucker, George Sanders, William 0. Clean and other rebels and traitors against the Government of the U.S.: and whereas the said Jefferso Davis, in the same month of May was arrested by the military forces of the U.S and has since been held in the custody thereof under the authority of the POTUS: Therefore, lle it resolved.That the ComJudiciary be instructed to inquire whether there is probable cause to believe that any of the personsnamed in said proclamationhre guilty, as is in said proclamation alleged, and if so, whether any legislation is necessarylll order to bring such person to a speedy and impartial trial: and that said committee have power to send for persons and papers. Abif resolved.That said committeebe.in like manner empowered to inquire whetherthere is probable causeto believe that said persons, or any of them. are guilty of treason against the States, and whether any legislation is ne qesUsnoirtyegdn order tobring such personsto a speedy and impartial trial in the district where such crime may have been committed.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation. thereof the preamble and resolutions were adopted. Mr. BOUT! ELL mtRtv the preamble and resolutions were adopted; upon the table. agreed to. WOOL.
Mr. RICE, of Maine, presented resolves of the Sheep Kooers Association of Penobseot county and va. ley, for increase of duty on foreign wool; which were referred to the ComWays&Means. TRIAL OF JEFFERSONDAVIS.
Mr. RAYMOND submitted the following preamble and resolution: Whereas the POTUS has, by proclamation. declared the insurrection in the State of Virginia to be at an end; and whereas the reasons which have hitherto prevented the holding of a court of the U.S. in said State for the trinl of persons charged with treason against the U.S. have been thereby obviated and removed: Therefore, Resolved, That the POTUS be requested to take stepsfor the sJiced trial of JeffersonDavis. who has beendulyin icte in said State for said crime of treason, unlessheshallbe, with ren sonnble dispatch, indicted forsaid crime, and puton trial in someother dmorictin which hemaybelegally liable for trial.
Mr. STEVENS. I suggest that the resolution be referred to the ComJudiciary. The same subject has just been referred to it.
Mr. RAY MOND. That relates to the assas sination of President Lincoln.
Mr. WILSON, of Iowa. also covers this matter of trial.
Mr. RAYMOND. I have no objection to the reference. My WlSll for offering it now, is because there is a rumor of process being commenced to release Jeff. Davis from confinement without trial.
Mr. STEVENS mover that the preamble and resolution be referred to the ComJudiciary, and on that motion demanded the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the preamble and resolution were referred to the ComJudiciary. Mr. STEVENS mtRtv the preamble and resolution were referred; upon the table. Agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonsnv, its Secretary, informed the House that the President having returned to that body Senate bill No. 61, to protect all persons in the U.S. in their civil rights and furnish the means of their vindication, with his objections to the same, and that body having proceeded to reconsider the bill and resolve that it pass, 2/3rds agreeing thereto, he was directed to communicate the said bill, and the message of the President returning the same with his objections, and the proceedingsof the Senate thereon, to the HoRep. NAVY YARD ON THE HUDSON RIVER.
Mr. KETCHAM submitted the following I The resolution resolution; which was read, considered, and agreed to: Resolved.That the ComNavAltairs be instructed to inquire into the propriety of locating a pavy ynrdon the Hudson river. near CarthageLanding, and that they report by bill or otherwise. OFFICE RENT of ASSESSORS.
Mr. DARLING submitted the followin resolution; which was read, considered, an agreed to: Resolved.That the committee of Wpys and Means beiiistructed lo inquire intothe expediencyof reporting an amendment to section 22 of the not approvedMarch 8, ISGgiJn, such planner and form as shall permit commissioners of internalrevenue to allow to assessorssuch sum for office rent as shall be actually and necessarilyexpendedby them.
Mr. DARLING mtRtv the resolution was agreed to: on the table. Agreed to. NATURALIZATION OF PERSONS IN THE NAVY Mr. J. M. HUMPHREY submitted the following resolution; which was read, conSidered, and agreed to: Resolved, That the ComJudiciarybe instructedto inquire into the expedienc of amending section 21. chapter 2 bun red, of an act approved July 17, 1862, so as to extend the rights of naturalization to personsenlisted in the Navy the sameasthoseenlistedin the army, and report by bill or otherWise. CANADIAN BARLEY. I
Mr. STROUSE submitted the followin resolution; which was read, considered an agreed to: Resolved, That the Committee ofWays&Means be instructedto inquire into the expediencyofadmit tin barley usedfor melting freeof duty from Canada an the other British Provmces. INCOME TAX.
Mr. ANCONA offered the followmg resolutions, and demanded the previous question thereon: Resolved, Thatadirect tax upon incomeshouldonly be resortedto in a great cmer ency, and its continn nneejustilied only so long as that necessityexists. Resolved, That there should bea distinction between income arising from capital of every description, and incomearising from abor merely. Resolved, That it is expedient to distinguish between incomesfor a yearor for less and incomespos sessedby personswho have an interest in the capital from whencethe incomearises. Resolved, That increasedeconomyshould be exercised, and all tax on income removed as soon nsit shall appear that the ordinary branchesof revenue are sutheient.
Mr. BOUTWELL. Is that offered for reference?
The SPEAKER. It is not; it is an expression of opinion of the House.
Mr. DELANO. Is it in order to move to refer i?t
The SPEAKER. It is not unless the previous question is not 2nded.
Mr. GRINNELL. Is it in order to ask for a division 7
Skip Skip Mr. GRINNELL. I ask for a division. Several Msunnas. Oh, no. Mr. STEVENS. I move to lay them all on the table for the present. Mr. ANCONA. I demand the yeas and as s on the motion to lay on the table. The yeas&nays were not ordered. Mr. ELDRIDGE. I demand tellers on ordering the yeas&nays. Tellers were refused. The resolutions were laid on the table. TEMPORARY increaSE OF DUTIES.
Mr. MOORHEAD introduced a JtResolution to increase temporarily the duties on imports, and moved that the some he referred to the ComManufactures. The JtResolution was read twice.
Mr. MOORHEAD. I demand the previous question.
Mr. RANDALL, of Pennsylvania. I eall for the reporting of the JtResolution. The JtResolution was read, as follows: Ranked by the Senate and HoRep, That until the end of 60 da 5from the passage of this resolution 50%. of the rates of duties and impactsnow imposedby law on all goods, wares, merchandise, and articles imported shall be addedto the present duties and imposts now chargedon the importation of such articles: Provided. That printing paper. unsiled used for books and newspapers exclusively, shall be exempt.from the operation of this resolution.
Mr. CONKLING. I rise to a question of order. The ComWays&Means having once reported against this resolution, I wish to inquire whether, if the previous question is not 2nded, it will be in order to move to refer it to that committee.
Mr.CONKLING. I will move to refer it if the previous question is not 2nded.
Mr. HOOPER, of Massachusetts? Would it be in order to move to lay the JtResolution on the table?
Mr. HOOPER, of Massachusetts. Then I move to lay the JtResolution on the table.
The SPEAKER. That motion takes priority of the demand for the previous question.
Mr. MOORHEAD. If other gentlemen can debate the JtResolution under the call for the previous question, I suppose the same court esgwill be extended to me.
The SPEAKER. It would be in order if there were no objeetion.
Mr. MOORH AD. I have not withdrawn the demand for the previous question.
Mr. MORRILL. I appeal to the Gentfrom Pennsylvania, [Mr. Moonnmnd as he happens to be on both committees, to withdraw his motion to refer this JtResolution to the ComManufactures. It would seem as if he had some distrust of the ComWays&Means, which I hope is not the fact. I hope he will let the JtResolution go to the ComWays&Means.
Mr. MOORHEAD. Let me reply to my friend the chairman of the ComWays and cans.
Mr. ANCONA. I rise toaquestion oforder. I desire to inquire whether, under this call, it is in order to offer a JtResolution?
The SPEAKER. It is. When the States are called for resolutions, bills and JtResolutions may be introduced if they do not give rise to debate.
Mr. ANCONA. I make another point of order. I submit that a motion to lay upon the table being ending, debate is not in order.
The SPEAKER. The Chair sustains that point of order. 2 undebatable questions being pending, the motion to lay on the table and the demand for the previous question, debate is not in order.
Mr. MOORHEAD. I should have been glad if the Speaker had applied that rule to other gentlemen. the question has been debated, and as I introduced1 the JtResolution, I want an opportunity to say a word.
The SPEAKER. If the Gentfrom Pennsylvania had objected to debate the Chair would have sustained the point of order.
Mr. MOORHEAD. I ask the unanimous consent of the House to so a few words.,Mr. ELDRIDGE. I object, and demand the yeas&nays on the motion to lay the JtResolution on the table. The eas&nays were ordered.
Mr. IORRILL. Ihope the Gentfrom Massachusetts [Mr. Hoorna] will withdraw his motion.
Mr. MOORHEAD. I think I can save time to the House, if the House will hear me for a moment.
Mr. MOORHEAD. I want to say aword to the chairman of the ComWays&Means.
Mr. LEBLOND. I insist on the enforcement of the rule.
Mr. GRINNELL. I wish to make an inquiry.
Mr. MOORHEAD. That is just what I have been ting to do.
Mr. RlN N ELL. I would inquire whether this is not simply a resolution of reference. I
The SPEAKER. That question is not in order pending the motion to lay the JtResolution on the table. The Gentfrom Pennsylvania [Mr. Moccasin] can Withdraw the resolution, if he pleases.
Mr. MOORHEAD. The Gentfrom Pennsylvania is not disposed to withdraw it. He wants an opportunity to say a word upon it.
Mr. ELDRIDGE. When a gentleman offersa resolution and demands the previous question on it, he has no right to as to be heard.
Skip Skip The question was taken; and it was decided in the ufiirmative yeas 106, nays 50, not voting 27; So the motion to lay on the table was agreed to. DISPOSITION or CAPTURE!) PROPERTY.
Mr. BOUTWELL. I would inquire if this resolution is offered for reference or for action at the present time.
Mr. STEVENS. I offer it for present uction, as an expression of the opinion of the House. It does not determine anything at all, exec t in reference to the opinion of the House. I call for the previous question.
Mr. BOUTWELL. I think this resolution should be more maturely considered and de; liberated upon than it can be in this way.
Mr. STEVENS. Then I insist upon the call for the previous question.
Mr. SHELLABARGER. I would inquire of the Chair if this isu JtResolution.
Mr. STEVENS. The resolution in its present form is all that is desired elsewhere.
Mr. ELDRIDGE. I object to any debate upon this resolution.
Mr. BANKS. I ask the consent of the House to request the Gentfrom Pennsylvania to moddify his resolution so as to request a return of the property claimed by officers of the Army and Navy.
Mr. RANDALL, of Pennsylvania. I suggest to my colleague that this should bea JtResolution in order to be effective.
Mr. STEVENS. I am informed that this will be satisfactory, and will accomplish all the purposes desired.
Skip Skip The previous question was 2nded, there being ayes 92, noes not counted. The main question was ordered; and under the operation thereof the resolution and preamble were agreed to. Mr. STEVENS mtRtv the resolution and preamble were agreed to; on the table. Agreed to.
Skip Skip MESSAGE FROM run snmrs. A message from the Senate, by Mr. FortREY, its Secretaiy, announced that the Senate had concurred in the amendment of the House to the bill (S.No.181) for the relief of Emma J. Hall. The message also announced that the Senate had insisted on its amendments disagreed to by the House, to the bill (H.R.No. 122) makinguppropriations for the naval service for the year ending June 30, 1867, disagreed to the amendments of the House to others of the senateamendments, a eed to the conference asked by the House ontedisagreeing votes of the 2 Houses, and appointed Messrs. Gaines, MORGAN and Hexmucus the committee on the part of the Senate. HIBERNIA FIRE ENGINE COMPANY.
Mr. RANDALL, of Pennsylvania, offered the following resolution: Whereas the Hibernia Fire Engine Company No. l. of Philadelphia. on the application of the Tlar Dept of the U.S and under the order of David M. Lyle. Esq" chief engineer of the fire Dept of that city. with the consent and approval of it! properauthorities. did sendto For tress Monroe. Virginia and to Washington. DistCol and placeat the disposul of the War Dept. their steam engine horses.hose carriagc. iose and other apparatus.for the purpose of being usedfor the safetgund protectionof the public stores and property.hot at Fortress Monroe. irginin.und in the capital of the nation and the same have so beenactively and efficient] employedsince the 15th day of April. 1862.under the control and direction of the iiarterinaster General of the U.S. Army: "herefore, Be it theyare resolved. lehnadt etrheedttohathnckusioitfh Congres fstbhec. city of Philadelphia and the Hibernia Fire Engine company No. 1. of that city. for the gratuitous useofsaid apparatus.which has beenIn the serviceof the government nearly 4 years and has been the meansof ssving and protecting an immenseamount of public stores and other property generally. both public and private. of great value. from destruction by fire during the period aforesaid.
Mr. FARNSWORTH. I move that this resolution be referred to the ComMilAffrs.
Mr. RANDALL, of Pennsylvania. I have no objection to that. The motion of Mr. Finxswonrn was agreed to, and the resolution was referred to the ComMilAffr. PAPER CIRCULATING MEDIUM.
Mr. FTHOMAS submitted the followin resolution; which was read, conSidered, an agreed to: Resolved.That the ComJudiciary be instructed to inquire into the expediencyof proposing an amendmentto the Constitution restricting the power of Congressto issue a paper circulating medium Illinois CENTRAL RAILROAD.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyWar, stating, in reply to a resolution of teHouse, the amount paid to the Illinois Central Railroad Company for transportation, &c., by the U.S., and the amount claimed by the company as still due; which was referred to the ComAppropriat, and ordered to be printed. ORGANIZATION OF postoffice DEPT.
The SPEAKER, by unanimous consent, also laid before the House a communication from the PostMGenl, transmitting a report in regard to the violation of the act to change the organization of the postoffice Dept, it proved July 2, 1836; which was referred to the comPostOffice, and ordered to be printed. SHIP CHANNEL FROM FORT MHENRY.
The SPEAKER, by unanimous consent. also laid before the House a communication from the SecyWar, in answer to a resolution of the House respecting an appropriation to complete the ship channel from Fort Mc Henry to the mouth of the Patapse o river; which was referred to the ComCommerce, and ordered to be printed. CIVIL RIGHTS BILL.
The SPEAKER, by unanimous consent, also laid before the House resolutions of the State of NewYork, in regard to the civil rights bill; which were laid on the table, and ordered to be printed. COMMITTEE SERVICE.
The SPEAKER announced the following appointments to fill vacancies on committees: On the ComWays&Means, Mr. CHARLES H. WisrIaLo, ot NewYork. On the ComPacificRR, Mr. WILLIAM RADFORD, of NewYork. On the ComInvalidPens, Mr. ALEXANDER H. Corrnoru. of Pennsylvania.
Mr. WINFIELD. Mr. Speaker, having been appointed on the Committee ofWuysand Means, I am constrained to ask the House to excuse me from further service on the Committee on Foreign AHnirs. It was ordered accordingly.
The SPEAKER appointed Mr. DODGE to fill the vacancy on the Committee of Foreign Affairs occasioned by Mr. WIsiinuis resig nation.
Mr. RADFORD. I ask to be excused from f urther service on the ComElections and on the special committee on a military and postal railroad to NewYork. It was ordered accordingly. TREASURER OF THE U.S.
Mr. MORRILL moved that Senate bill No. 158, to theilitoto the settlement of the accounts of the Treasurer of the U.S and secure certain moneys to the people of the U.S or to the persons to whom they are due and who are entitled to receive the some, be ordered to be printed. The motion was agreed to. PAY OF THE ARMY.
Mr. SCHENCK, by unanimous consent, from the ComMilAffrs, reported back House bill No. 450, to reduce and establish the pay of officers, and to regulate the ay of soldiers of the Army of the U.S., with a substitute, and moved that they be ordered to be printed and reeommitted.
Skip Skip The motion was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the bill and substitute were recommitted; upon the table. Agreed to. CONSOLIDATION OF LAND OFFICES.
Mr. BINGHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the comPubLands inquire and roger. to this House whotherin theiriudgment the pu lio interest requires the consolidation of the several land officesin the late insurrectionary States and the location thereofin the reepoctivecap itals of said States. NATIONAL RAILROADS.
Mr. GARFIELD, by unanimous consent, introduced a bill to authorize the construction of national railroads, and to establish the same as military, postal, and commercialroads; which was read a 1st and 2nd time, ordered to be printed, and its further consideration postponed till the 2nd Tuesday of December next after the morning hour. MONTANA TERRITORY.
Mr. McLEAN, by unanimous consent, introduced a bill erecting the Territory of Montana into a separate surveying district, and for over purposes; which was read a 1st and 2nd time, and referred to the ComTerritor. IMMIGRATION. Mr. DARLING, by unanimous consent, introduced a bill to amend an act to establish a Bureau of Immigration, and other offices subordinate therete; which was read a 1st and 2nd time, and referred to the ComCommerce. PROVISIONAL counr Pon LIOUISIANA.
Mr. BOUTWELL, by unanimous consent, introduced a bill to provide for the suits, judgments, and business of the U.S. provisional court for the State of Louisiana; which was read a 1st and 2nd time, and referred to the ComJudiciary. CIVIL itionrs BILL VHO MESSAGE.
The SPEAKER. The morning hour has exired. M
Mr. WILSON, of Iowa. 1 move to proceed to business on the Speakers table.
The SPEAKER. The motion of the Gentfrom Iowa has priority of all other business. The motion was agreed to.
The SPEAKER accordingly laid before the House the following message from the Senate:, Ln ran Sun: or run U.S., April ). 1366 Ordered, That the Secretary communicate the bill "to protect all persons in the U.S. in their civil rights and furnish the means of their vindication.” With the messageof the President returning be same to the Senate with his objections and the proceeding s of the Senate thereon, to the HoRep. ttest: J. W. FORNEY. Secretary. In rnl Suns r: or U.S. 6, 1866. The POTUS having returned to the Senate, in which it originated. the bi l entitled “An act to protect all personsin the U.S.in their civil rights and turnish the meansof their vindication, ” with his objections thereto, the Senate proceeded. in pursuance of the Constitution. to reconlider the some: and, Resolved, That the said bill do pass, 2/3rds of the Senate agreeingto pass the same. Attest: J. W. FORNEY, SecyS.
Mr. ELDRIDGE. I desire to ask the Gentleman aquestion.
Mr. WILSON, of Iowa. I decline to yield. Mr. Speaker, the debate which occurred on this bill occupied 2 weeks of the time of this House. Some 40 speeches were made, and the debate was not brought to a close until all had been heard who expressed adesire to speak upon the bill. At the close of that debate the bill was passed by more than 2/3rd“: of this House. It has been returned to us with the objections of the President to its becoming a law. I do not propose to reopen the discussion of this measure. I am disposed to leave the close of this debate to the President by the message which has just been read. I ask the friends of this great measure to answer the argument and statements of that message by their votes. in the motion which I am now about to make. I new demand the previous question on the passage of this bill, the objections of the President to the contrary notwithstanding.
Mr. ROGERS. Will the gentleman alloy me to ask a question?
Mr. ROGERS. I want tocorrecta statement. Not one 4th of the speeches had an application to the bill. Cries of “ Order!” “ Order!”
The SPEAKER. the question is, Shall the bill pass notwithstanding (ihe objections of the resident?
Mr. NIBLACK. I rise to a question of order. I ask whether a motion to lay on the table is ine rder pending the demand for the previous question.
The SPEAKER. This question has never yet been raised so far as the Chair at this moment remembers, and the opinion of the Chairis that it would scarcely be in order, as the House is acting under the Constitution of the U.S., which requires, after considerin the objections of the President, that the House shall then proceed to vote by eas&nays on the passage of the bill, and i 2/3rds agree to pass it it becomes a law.
Mr. NIBLACK. The only vote, then, I understand, that is in order is sim lyu on the question of the passage of the bill). O other motion is in order?
Mr. ELDRIDGE. Since the Gentfrom Iowa [Mr. Winsox] refuses to allow any debate, I move that there be a call of the House.
Skip Skip The question being taken on the motion for a call of the House, the Speaker announced that the noes a ipeared to have it. Mr. ELDRICE. I demand the yeas and an s. The question being taken on secouding the deman for the yeas&nays, there were ayes 30, noes 122; not one 5th voting in the affirmative. Mr.ELDRIDGE. I demand tellers on see onding the call for the yeas&nays. Telers were ordered; and the Speaker iippointed Messrs. Ewarnes, and VILSON Of owa. The House divided; and the tellers reported ayes 33. I So the ycas&nays were ordered.
The SPEAKER. The Chair will now state, in regard to the 1Question put by the optimum from Indiana[. Nmu ex] in rerence to I appeal to them to sustain me a motion to layon the table, that the language of the Constitution is: “If after such reconsideration 2/3rds of that House oluill agree to pass the bill, it shall be sent togetherwith the objections, to the other House. an if approved h 2/3rds of that House it shall be comea law. llut in ullciise s the votesof both Houses shall be determinedbyyens&nays, and the names of the persons voting for and against the bill shall be enteredon the Journal of one House respectively." That language seems to exclude every other question except the passage of the bill. But, on examining authorities the Chair finds that in the 27th Congress a bill vetoed by the President was laid on the table, it having been decided, on appeal, that the motion was in order. Therefore, after the vote on the present question is taken, the Chair feels that he must, lollowing this precedent, recognize that motion if made.
Mr. NIBLACK. I desire to make that motion at the reer time.
The SPEAKER. The Chair has already expressed the opinion that the language of the Constitution seems to require a vote on the passage of the bill.
Mr. SCHENCK. I wish to be understood as appealing from the decision of the Chau when it is made. The Clerk proceeded to call the roll.
Mr. LEBLOND I move that when the House adjourns it adjourn till next Tuesday.
The.SPEAhEIt. The gentleman did not rise in time.
Mr. ELDRIDGE. The gentleman rose before the roll call had commenced and addressed the Chair.
The SPEAKER. The Chair will state that the gentleman is not debarred of any of his rights by the ruling of the Chair that the roll call havmg been commenced it shall proceed. He can make his motion hereafter.
Skip Skip The question was taken; and it was decided in the negative yous 32, nays 130, not voting 21; So the House refused to order a call. Mr. LEBLOND. I now move to lay the bill upon the table; and upon that motion I demand the cats&nays. Mr. SCHENCK. I raise the question of order that that motion is not in order.
The SPEAKER. The Chair overrules the point of order and will state the grounds for overruling it. As the Chair 1st stated to the House, the Constitution seems to indicate that the House shall immediately vote upon the pass e or rejection of the bill, but upon an examination of the precedents, he finds that the Congress has acted so as to enlarge this construction ver considerably. In the 20 1st Congress the vote upon a vetoed bill was pustponed foralbug time. In another congress a motion was made and entertained to recommit a bill that had been vetoed to the committee from which it originated. But, perhaps, the decision most applicable to this case is to be found on page 19 of Barcla s Digest, which has been adted as the par iamentary law of this House, which binds both the members and the Speaker. It is as follows: "A vote messageand bill may be referred, or the messagealone, or the bill may be laid on the table." The Chair finds in the Journal of the 20 Seventh Congress, 2nd session, page 1256 when Hon. John White, of Kentucky, occupied this chair, the following precedent: “ The questionwasthenproponndedthat the house, on reconsideration, do agree to pass the said bill to 233321 revenuefromimports, and forother purposes; "A motion was made by Mr. J axes Coorn that th"e bill do lie on the table.
Mr. Winnuii CosrJoussos objcetedto this motion asnot in order.for that occuring to the Constitution the House must proceedto the reconsideration oisnid bill. "
The SPEAKER decided that the motion to lay on the table wasin order. “From this decision, WILLIAM Cosr Jour sou apppaledto the house; which appealwas, on motion 0
Mr. FILLIORR, orderedto lie on the table; and the decisionof the Speaker stands." The bill was then laid on the table by a vote of 97 to 73; and among those who voted to lay it on the table were 2 gentlemen who have taken the oath under the Constitution as POTUS John Quinc Adams and Millard Fillmore.Mr. William Pitt Fessenden, Mr. Joshua R. Giddin s, and other Gentlemen of distinction at that ay, whose names the Chair need not repeat, also voted to lay the bill on the table. The Chair is now bound by this decision of a Speaker of the House which was sustained by the H0use on an appeal. That decision enters into the parliamentarylaw of the House and has been incorporated into the Digest which we have adopted as our parliamentary law. As the House on various occasions has enlarged what the Speaker would deem to be the strict construction of this provision of the Constitution by a variety O motions apart from the question of passing or rejecting the bill, the hair thinks the motion to lay this bill on the table is in order. There is still an additional reason. If 2/3rds of the House desire to pass the bill over the presidential veto, it is evident that they will reject the motion to lay the bill on the table. If they desire to have the bill laid upon the table the Chair cannot, upon reflectio see why they should nothave that privilege. they Wish to reier it to a committee, as was done with a veto in the last Congress, they should have the right to do it. This is a matter comingback to the House with the objections of the resident and by the precedents quoted the House can do as they see fit with it. An if 2/3rds of the House are in favor of pass in the bill it is certainly evident that amajority will vote against laying the bill on the table.
Mr. SCHENCK. Is this question debatable?
The SPEAKER. If the previous question was not ending it Would be debatable.
Mr. SSHENLK. If I cannot assign my reasons I will withdraw my a peal.
The SPEAKER. As the Chair has stated his opinions very fully, it would be agreeable to the Chair that the member making the apeal should have an opportunity to state his reasons for it.
Mr. LEBLOND. Would the previous question cut of? debate upon an appeal from the decision of the Chair?
The SPEAKER. The pendency of the previousquestion would.
Mr. LEBLOND. This is an entirely new subject matter, and one not covered by the previous question.
The SPEAKER. The pendency of the previous question relates to o1. questions incident to the principal question.
Mr. SCOFlELD. Would it rehire a 2/3rds vote to lay this motion on t letable?
The SPEAKER. It Would not. A unity can lay the bill on the table, or postpone its consideration, or recommit. it to the om niittee on the Judiciary. The appeal from the decision of the Chair having been withdrawn, the question was upon the motion to lay the bill upo the table. The ycas&nays were ordisred. the question was then taken; and it was decided in the negative yeas 87, nays 122, not voting 24; So the motion to lay the bill on the table was not agreed to. During the roll call, Mr. BINGHAM said: I am paired 08 on all questions touching the passage of this bill, with Mr. Winniiiiis, and h
Mr. HUBBARD of NewYork, both of whom would vote for the bill if they were present. On all preliminary questions I reserve my right to vote.
Skip Skip The question recurred upon 2nding the demand for the previousquestion. Mr. FINCK. I move that when the House adjourns today it adjourn to meet on Thurs da next. {In ELDRIDGE. I call for the yeas&nays on that motion, and I ask for tellers on ordering the yeas&nays. Tellers were refused. The yeas and mi s were refused. The motion of Mr. FINCK was not agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate by Mr. Fonsnr, its Secretary, informed the Hbuse that the Senate had passed without amendment the following bill and JtResolution of the House: A bill (H.R.No. 894) for the relief of the estate of E. W. Eddy; and Ajoiutresolution QH.R.No. 105)giving construction to the law in relation to bonnties pay able to soldiers discharged for wounds. The message further informed the House that the Senate had passed a bill (S.No.59) to provide for the revision and consolidation of the statutes of the U.S.; in which he was directed to request the concurrence of the House. BNBOLLED BILL SIGNED. Mr.TROWBRIDGE. from the ComEnrollBill, reported that they had examined and found truly enrolled Senate bill No. 181, for the relief of Emma J. Hall; where upon the Speaker signed the same. CIVIL RIGHTS BILL Again. The question was upon the demand for the previous rquestion.
Skip Skip Mr. EL RIDGE. now adjourn. I move that the House Mr. FINCK. Icall the yeas&nays on that motion. Mr. ELDltIDGE. I call for tellers on order in the yeas&nays. Tellers were ordered; and Mr. WASHpBURNE, of Illinois, and Mr. Enunmon, were appointed. The House divided; and the tellers reported ayes 31, noes not counted. So the yeas&nays were ordered. The question was upon the motion of
Mr. ELDRIDGE. I withdraw my motion. The intention on the other side is to gag the House. Let them do so.
The SPEAKER. The Gentfrom Wisconsin withdraws the motion to adjourn.
The SPEAKER. The call of the roll not having begun, the Gentfrom Wisconsin, in the opinion of the Chair, has the right to withdraw the motion. The question recurring on 2nding the demand for the previous question, it was 2nded ; there being ayes 102, noes 31. The main question was then ordered.
The SPEAKER. The question is, “Shall this bill pass, notwithstanding the objections of the President?” On this question, the vote, according to the requirement of the Constitution, must be taken by yess&nays.
Skip Skip The question was taken; and there were yeas 122, nays 41, not voting 21; During the call of the roll the following announcements were made: Mr. CONKLING. My colleague, Mr. Hon nssn, is detained from the House in consequence of sickness in his family. On this vote he is paired with the Gentfrom Ohio, Mr. BINGHAM. Mr. ANCONA. My colleague, Mr. Jons sox, is still detained at his room by sickness. If here, he would undoubtedly vote to sustain the veto. Mr. ASHLEY, of Ohio. Mr. JULIAN was paired with I understood that Mr. JOHNSON. Mr. HILL. lhat matter will be explained at the proper time. Mr. Ric NDOE. My colleague, Mr. Sums, is absent from the House on leave. 1f here he would vote for the passage of the bill. Mr. STILWELL. My colleagues, Messrs. J nuns and Ksim are absent and Mr. JULIAN and myself have paired with Mr. KERR. Mr. MOORHEAD. I have atelegram from my colleague, Mr. WILLuiss. who is on his way here, but has been detained in consequence of the train missing a connection. If he were here he would vote for the bill; but I understand that he has paired with the Gentfrom Ohio, Mr. Bissau. Mr. BINGHAM. Yes, sir. Mr. MOORHEAD. I believe the Gentfrom Ohio has paired with 2 entle men as a 2/3rds vote is required to ecide this question in the affirmstive. Mr. BINGHAM. Yes, sir. Mr. BALDWIN. I wish to say in behalf of my colleague, Mr. Aims, that he is paired with Mr. GRIDER. Were he here he would vote for the bill. Mr. TRIMBLE. M colleague Mr. GRIDER, who is absent, is paire with Mr. Inns. If here he would vote against the passage of the bill. Mr. WENTWORTH. My colleague, Mr. KUYKEXMIL, voted for this bill when it was heretofore passed by the House, and be extremcl regrets his inability to record his vote in its avor now. Mr. ROSS. I regret that m colleague Mr. KUYKENDALL, is not here. understan that, if here, he would have “voted against this bill. [Laughter] When the call of the roll had been concluded.
The SPEAKER said: The Clerk will call my name as a member of the House. The Clerk called the name of Seum.“ COLFAX, of Indiana and Mr. Conrsx voted “ay.” Applause. I
The SPEAKElt. On the question, “Shall this bill pass notwithstanding the objections of the lrcSident?l the yes: are 122 and the nnys 41. 2/3rds of the House having, upon this reconsideration, agreed to the passage of the bill, and it being certified officially that a similar majority of the Senate, in which the bill originated, also agreed to its passage, I do therefore, by the authority of the Constitution of the U.S., declare that this bill, entitled “ An act to protect all persons in the U.S. in their civil rights and furnish the means of their vindication, " has become a law. [This announcement was received with an outburst of up ilause, in which members of the House, as wel as the throng of spectators, heartily joined, and which did not subside for some moments.
Mr. SCHENCK. I move that the House adjourn. The motion was agreed to; and thereupon.(at 3 oclock and 20 minutes p. m., i the House adjourned.
@@@IN SENATE SENATE. TUESDAY, April 10, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. Paririoxs and MEMORIALS.R. SUMNER. I offer a petition which is headed by William Gilmore Simms, of SCarolina, who gives his occupation as author, and which has also the signatures of several other citizens of SCarolina, askin congress to enact an international copyright law. Task the reference of the petition to the ComForRel. It was so referred. Mr. BROWN presented a petition of 443 citizens of Pittsburg and vicinity, and also the petition of 80 one citizens of Allegheny county. Pennsylvania, praing that 8 hours may be considered a legal ay s work; which were referred to the ComPubBldg and Grounds. COMMITTEES.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Mrs. Emerance Gouler, praying for a pension, submitted a report accompanied by abill (S.No.260) granting a pension to Mrs. Eme runce Gouler. The bil was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. ANTHONY, from the ComPensions, to whom was referred a bill (H.R.No. 214) for the benefit of Colonel It. E. B ant, reported it without amendment, and sdbmitted a report in writing, which was ordered to be printed.
Mr. HENDRICKS. the comPubLands, to whom was referred the bill (S.No.248) to extend the time for the reversion to the U.S. of the lands grante by Congress to aid in the construction of a railroad from Amboy by Hillsdale and Lansing to some point on or near Traverse bay in the State of Michigan, and for the completion of said road, have instructed me to report it back with asubstitute, and to move that the billand substitute be printed and recommitted. The motion was agreed to.
Mr. VANWINKLE, from the ComPostOffices and Post. Roads, to whom was referred the bill (H.R.No. 281) to amend the postal laws, reported it with amendments. He also, from the same committee, to whom was referred a bill (S.No.70) to amend the ostal laws, asked to be discharged from its nrther consideration; which was agreed to. COAST SURVEY REPORT.
Mr. ANTHONY. I am instructed by the ComPrintg, to whom was reerred a resolution to print 4200 copies of the report of the Superintendent of the Coast Survey, to report it back with an amendment; and I am also instructed to ask for its present consideration. There being no objection, the Senate proceeded to consider the following resolution: Supes Resolved.That there be printed of the report of the of the U.S. Coast urvey.for the year 1 6. 1200 copies extra for the use of the Senate and 3,000 copiesfor distribution by the Superintendent of the CoastSurvey. The amendment reported by the committee was, in the 4th line to strike out “ 1200” and insert “ 1000.” and in the 5th line to strike out 1” 3 ” and insert one;” so that the resolution will read: Resolved.That there be printed of the report of the Superintendent of the U.S.s Coast urvey, for the yearleoo.1000co ies extra for the useof the Senate, and 1.000 copies for distribution by the Superintendent of the Coast Survey.
Mr. ANTHONY. This amendment reduces the number something more than one half. It does not of course reduce the expense in the same proportion, because the engraving and the type setting constitute the large part of the expense. The work is of exceedingly great value to the security of navigation, property, and life. The committee were somewhat reluctantto reduce the number; but in pursuance of the general system of economy which they have adopted and which seems to meet the approbation of the Senate, they concluded to reiort less than 1/2 the usual number. he amendment was agreed to. The resolution as amended was adopted. PENSION BUSINESS.
Mr. LANE, of Indiana, from the ComPensions, reported the following resolution; which was considered by unanimous consent, and agreed to: Remloed, That Friday next. the 13thinstant. alter the morning hour. be assignedand set.apart for the consideration of bills and reportsfrom the coniniittee on Pensions. COMMITTEE SERVICE
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. A. M. JESS.
Mr. HARRIS. The ComPrivLandClms, to whom was referred the bill (H.R.No. 145) granting land to A. M. Jess, ofJosephine county, Oregon, have instructed me to report it back without amendment and recommend its passage. 1 ask for its present consideration. By unanimous consent. the bill was considered as in ComWhole. The land claimed and settled upon by A. M. Jess, on Applegate river, in Jose hine county. Oregon, under the provisiqns of ebomestead law of May 20, 1862, having since, without his fault, become of no value to him, and been, in great part, destroed by a change in the chan nel of the river; his title being still inchoate, and justice requiring that he should be permitted to locate and settle upon an equal quan tity of other public land in lieu thereo, the bill proposes to authorize him to locate and settle upon 320 acres of the public lands of the U.S., in accordance with the provisions and requirements of the homestead law, and at the expiration of the period therein prescribed to receive a patent therefor on the terms and conditions therein prescribed; but the title acquired by him to the land heretofore located an settled upon by him shall revest in the U.S.; and the new location and settlement shall not be made upon mineral lands of the U.S.
Mr. HARRIS. I move to amend the bill by strikin out in line 11, after the word “shall, ” the “ words “ revest in” and insert revert to." The words “ revest in ” are evidently a misprint. I suppose it requires an amendment. The amendment was a eed to. The bill was reporte to the Senate as amended; the amendment was concurred in.
Mr. POMEROY. I do not understand why you give the man 320 acres as a settler under the homestead law.
Mr. HARRIS. Did not that allow 320 acres?
Mr. CONNESS. They are allowed 320 acres in Oregon.
Mr. POMERO. That is an old law in Oregon which was limited toa certain number ofyears. It was not a law of perpetual duration.
Mr. HARRIS. This bilf was drawn by the chairman of the Committee on Private.aud Claims in the HoRep, and ql understood from him that he had drawn it in conformity with the law.
Mr. POMEROY. Our general homestead bill only allows 160 acres. We have no exception of Oregon. That is my opinion.
Mr. HARRIS. I think that the Senfrom Kansas will find that the bill is right. It is drawn in conformity with the law by a very careful lawyer.
Mr. LANE, of Kansas. It will be better to let it lie over.
Mr.HARRIS. I will let it lie over if there is anyquestion about it.
The PRESIDENT protempore. The bill will be pestponed.
Skip Skip. CIVIL RIGHTS VETO MESSAGE. A message from the HoRep, by Mr. LLOYD, its Chief Clerk, announced that the HoRep had concured with the Senate in the passage of the bill S.No. 61 to protect all persons in the U.S.came in air civil rights and furnish the means of their vindication, notwithstanding the objections of the President, 2/3rds of the HoRep having agreed to pass the same.
Mr. TRUMBULL submitted the following resolution: Remind, That the SecyS be directed to presentto the SecyState the act entitled “An actto protect all personsin the U.S. in their civil rights and furnish the meansof their vindication, " togetherwith the certificates of the Secrctary of the Senate and Clerk of the HoRep, showing that thosuid act was passed by a vote of 2/3rds of both Houses of Congress after the same had been returned to the Senate by the President with his objections and after the reconsideration of said act by both Housesof Congress. in accordancewith the Constitution.
Mr. MCDOUGALL. [desire now to makea remark simply on this resolution. I differ with the chairman of the ComJudiciary and with the Senfrom Ohio, [Mr. SHERMAN] who originated the proposition for merly in the Senate as to what was a quorum of the body, and I say that the vote on this bill was not a vote of 2/3rds of the Senate, because the Senate is not fully represented. I desire to make the remark because I am a protestant against the doctrine advanced by the Senfrom Ohio when the rule was adopted in the Senate to which I have referred. The resolution was agreed to. PRESERVATION or THE UNION.
Mr. SAULSBURY presented the following resolutions: whereas the Senate of the U.S., on the 25th day of July. 1861.adopted a resolution in the words followin, “ to wit: ll tWllllR, at the present deplorable civilWar has been iorced upon the country by the disunionists of the southern statesnow in revolt against the Government and in arms around the capital; thatin this national emergency Congress, bapishing all feelings of mere passionor resentment.WI“ recollect onlyits duty to t in whole country: that this war is not prosecutedupon our part in any spirit of oppressionnor any purpose of conquestor su ijugation. nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacyof the Constitution and all laws made in pursuancethereof, and to preserve the Union with all the dignity, equality and rights of the several States unimpaired and that as soon as these objects are accomplished the war ought to cease and whereas the said civilWar has ceased: There re. Resolved.That the Senate, in redemption of the ledgegiven by the adoption of said resolution. will ( cfendand maintain the supremacy of the Constitution, and all laws made in pursuance thereof, and will preservethe Union with all the dignity, equality, and Helm! of the several States, the said southern States included, unimpaired. [two/owl. That AndrewJohnson. POTUS, merits the gratitude of all the people of the U.S. on account of his patriotic efforts to Srehervo the Union, with all the dignity, equality, an rights of the several States, the said southern Statesincluded, unimpaired, and that we pledge him our cordial cooperationin his said efforts.
Mr. SUMNER. Let those resolutions lie over.
The PRESIDENT lpro tampon. They will lie over, under the m e.
Mr. SAULSBURY. I give notice that I shall call up the resolutions on Friday next. APPROVAL OF BILLS. A messa e from the POTUS, by It
Mr. Moons, his Secretary, announced that the President had this day approved and signed the following acts: An act (S.No.80) for the relief of J. B. Rittenhouse, fleet paymaster of the Pacific squadron; An act (S.No.82) granting a pension to Sarah Fitzgibbon; and An act (S.No.85) granting to the State of Wisconsin a.donation of public lands to aid in the construction of a breakwater and harbor and ship canal at the head of Sturgeon bay, in the county of Door, in said State, to connect the waters of Green bay with Lake Michigan, in said State. PENNSYLVANIA WAR EXPENSES.
Mr. WILSON. I gave notice esterday that I should call up this morning a {louse bill reported by the Military Committee to my the State of Pennsylvania for troops calle out in 1863. I move now to take up the bill. The motion was agreed to; and the bill gl.R. No. 360) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes was considered as in ComWhole. It provides that to supply a deficiency in aying the Army, under the act of, an to reimburse the State of Pennsylvania for money expended for payment of militia in the service of the U.S. the sum 0f$800,000, or so much thereof as may be necessary, isa propriated, but before it is paid, the claim of the State shall be again examined and settled by the SecyWar. The ComMilAffrs proiosed to fill the blank in the 4th line of the illbyiuserting, “ Marchl4, 1864;” so that the clause will read: That to supply a deficiency in paying the Army, under thr iict of March l i, ISM and to reimbursetho State of Pennsylvania for money expended for paymentof militia in the service of the U.S. the sum of $800,000 or so much thereof as may bo necessary, is hereby appropriated. The amendment was agreed to.
Skip Skip The bill was ordered to a 3rd reading, was read the 3rd time, and passed. LAC LA BELLE SHIP CANAL.
Mr. CHANDLER. I he ethat amendment will not. revail. I think the committee are satisfied by this time that 50,000 acres are not one gh.
Mr. POlt hROY. There was some difference of opinion in the committee. The bill called for 100,000 acres and the committee reported 50,000 acres. 1 know the work is one of cat importance, and the quantity of land ased for, 100,000 acres, is not very large; still, I agreed with the committee that 50,000 acres would approximate, perhaps, toward the amount necessary, and that was the report of the committee. If the Senate desire to make the grant 100,000 acres the committee will not resist it. Illthought 50,000 was enough.
Mr. CHANDLER. I will state that the lands granted by the bill are of poor quality, and to make the grant of any value Ior the purpose it should be at least 100,000 acres. The Legislature of Wise onsinand the Boards of Trade of various cities from Chicago to Philadelphia have petitioned in favor of a grant for thls purpose. It is a matter of more importance to other States than to the State of Michigan. I am satisfied that the amount oriinally asked for is the smallest amount that will effect the object.
Mr. HOWARD. Mr. President, the Senfrom Indiana is quite right in saying that one object of this bill is to secure a harbor at the point where the approriation is expected to be applied. This no a Belle is a small lake near the eastern extremity of whatis known as Point Kcweenaw, a long promontory that stretches into Lake Superior from the west. In passing that promontory a vessel is unable to filld any harbor for a distance of from 150 to 200 miles, according to my best recollection. At all events, the distance is very considerable, and the exposure of vessels to danger upon the lake, especially during the early and later part of the season of navigation is very reat. Now, air, this little so LaBelle is a small lake about 3 miles long and a mile and a half or 2 miles broad, with a very great depth of pure clear water and is situated from Lake Superior adistance of only about a mile, according to the best information which I can obtain, so that the canal which is proposed to be cut to unite the waters of the lake with those of Lac LaBelle will not probably be more than gne mile in length; an the object of the bill is to enable the State of Michigan to construct that little canal so as to admit vessels that sail the lake into this harbor, which will he the only secure harbor for a great distance on the lake shore. Indeed it will thus constitute the best harbor upon Lake Superior. The length of that lake, as gentlemen will recollect, is about 400 miles. It is not blessed with very excellent harbors, and there are very few even of the unlit. which exist.
Mr. EN KICKS. Will the Senator allow me to ask him one question, which I do for information?
Mr. HENDRICKS. As a work of general importance I cannot see the utility of this, except for the purpose suggested by the Senator of making a ar or of reuge. ow, I ask the Senator whether vessels could enter a canal which is cut out from the lake from a straight coast; whether, in the midst of a storm, Vessels could enter a canal of that sort so as to find a harbor of refuge. I admit this little lake would be a good harbor when a vessel could once get there.
Mr. STEWART. Allow me to make a suggestion. I understand that these lands are not very valuable now, and they will be principally valuable for their timber. but the timber cannot ver well be brought into use without a bar bor at that point. Consequently the harbor will make the timber valuable, and that is about the only way any use can be made of that part of the country.
Mr. HOWARD. Yes, sir; but the great value of the canal will be as a place of refuge for vessels sailing Lake Superior, which at certain periods of the year is a very stormy and danger ous lake, so far as navigation is concerned, and very deficient in harbors. Every year, as we know, the interest of the mining companies in that region is becoming greater and greater; the commerce of the lake is increasing every year, and it is becoming avery important theater of navigation and trade. Certainly if the Government of the U.S. have power to make any description of internal improvement, and if it be a le, which I do not exactly admit, that in every case the work must he of national importance, I know of no case that would come more completely within the role than that now under consideration. If it is necessary to have goodharbors upon the ocean for the protection of our commerce; if it be necessary to protect that commerce by means of lighthouses and other appliances of that description, it is equally necessary in this case to protect the commerce of that lake by giving the owners of vessels a place of refuge to secure their vessels and propertyin storms and in the midst of the dangers of the lake. I look upon it as decidedly a national work as can be selected, so far as commerce and navigation are concerned. I hope the amendment of the committee will not be adopted, and I hope the bill will pass giving 100,000 acres of an.
Mr. HARRIS. The facts in this case, as they appeared before the committee, are in a short is uce. There are 13 com.anies engage in coppermining in the vicinity of this small lake. It requires, in order to connect this small lake with Lake Superior, a canal ofubout half a mile in length. Those mining companies have combined together to open that communication. They have expended about 40,000 dollars, and have contracts now running which will make the cost of the canal about 90,000 dollars. So far it is a private enterprise: it is a canal to be made or the benefit of those mining companies, and to that extent they would have no claim upon the Government. But it appeared before the committee, as has been stated by the Senfrom Wisconsin, that the o )ening of a communication through this canal into this lake would make a convenient harbor along that coast, and that it was needed. Under these circumstances the committee thought it would be properenough toIallow the gentlemen engaged in this private enterprise, and who are going to make an improvement which will result in public advantage. a small amount of land, 50,000 acres. That was the judgment of the committee. It was inquired why they wanted more mone than the amount they were now expending. the y said the part wished to build some wharves and piers, which would make the entire cost $150,000. Under these circumstances the committee decided to report in favor of allowing them 50,000 acres of land. The question is whether it shall be 50,000 or 100,000 acres. The whole exnditure for wharvies. piers, and everything or the convenience of these 13 mining companies will be about 150,000 dollars accordingr to their own estimates. It seems to me that 50,000 acres is enough.
Mr. HENDRICKS. able to agree with either side exactly. I do not think the company when they get these lands will realize very much from them. There is no town there; there is no agricultural settlement there; but back about 15 miles there i are some coppermining companies one or 2 dperating successfully, and the others rather experimentally. The lands are not of themselves of very much value. They are not very desirable farming lands, as I believe, and I do not think the company will realize out of the 100,000 acres $100,000. That is my opinion about it. I shall vote against the amendment, although it came from the committee of which I am amember. I feel free to do so, because I did not concurin the judgment of the committee about this bill. The only importance of this bill in apublic point of view ist at it sets a precedent. It proposes to make harbors of local importance, in my judgment. Whether this will be a harbor of reuge or not ought to be decided by some Government engineer.We have none of that satisfactory sort of evidence upon that subject, which congress generally requires. But if we pass the ill, I think the grant ought to be 100,000 acres.
Mr. CHANDLER. There is not at this time a single safe harbor of refuge on Lake Superior, and this would make a perfectly safe and reliable harbor. The lands, as the Senfrom Indiana remarked, are of a very nor quality indeed; they are not taken up for arniing purposes at all. I do not believe that the lands could today be sold for halfthe Government price SI 25peracre if they were thrown into t ic market in order to realize money from them. I hope the amendment proposed by the committee will not prevail, and that 100,000 acres will be granted; for with that they will build this harbor of refuge, with good and sufficient piers, and make it a national work. AsI remarked a short time ago, this is petitioned for by every Board of I am sorry not to be l Trade from Chicago to Philadelphia, and by 12 or 3 State Legislatures. It is really a national work. in myjudgment. The PRESlDENT protempore. The question is on the amendment reported by the committee to strike out “ 100 ” and insert tL 577 The amendment was not agreed ti
Skip Skip The bill was reported to the Senate without amendment, orderengross for u 3rd reading, read the 3rd time, and passed. PRINTING OF A BILL.
Mr. CONNESS. I desire to have an order of the Senate to print 100 additional copies of Senate bill No. 267, introduced yesterda by the Senator tl om Ohio, [Mr. Sunn MAN, to regulate the occupation of mineral lands and to extend the right of preemption thereto. As it is an important bill to my State, I ask for an order of the Senate for the print in of 100 additional copies.
The President protempore. Under the rule of the Senate a motion to print any additional number of copies goes to the ComPrintg. The Chair can consider it only by unanimous consent.
Mr. CONNESS. This is so small a number that it is hard] worth while to refer it.
The PRESIDENT protempore. No objection being interposed, the order will be entered. BNROLLED BILLS SIGNED. A messn e from the HoRep, by Mr. LLOYD, Chief Clerk, announced that the Speaker of the House had signed the following enrolled hills; which were thereupon signed by The President protempers: A bill (S.No.105) to grant the right ofway to the Case ade Railroad Company through a military reserve in Washington Territory; A bill (S.No.115) for the relief of Jane W. Nethaway; A bill (S.No.117) for the relief of F. A. Patterson, late captain of the 3rd Virginia cav al; and, HThnn (S.No.181) for the relief of Emma J. a JAMES G. CLARKE. On motion of
Mr. SUMNER, the bill (S.No.248) for the relief of James G. Clarke was read the 2nd time and considered as in ComWhole. It directs the SecyTreasuryto pay to James C. Clarke the sum of $6, 483 90 in full for services as acting charge dalfaires of the U.S. at Brus sels from June 11, 1857, to September 27, 1858.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JAMES CItLTCHETT. On motion of
Mr. CLARK, the JtResolution (S.R.No. 60) referring the petition and papers in the case of James Crutchett to the Court of Claims was read a 2nd time and considered as in ComWhole. The JtResolution was reported to the senate, orderengross for a 3rd reading, read the 3rd time, and passed. SOUTHERN MINNESOTA RAILROAD. On motion of
Mr. GRIMES. I move to amend the bill by inserting in the 29th line of the 1st section after the word “road” the following: and provided further, That no land shall be granted or transferred by the provisions of this not not included within the jurisdiction of the State of Minnesota. I suppose there will be no objection to that.
Mr. NORTON. No, sir, there is no objection to that amendment.
Mr. HENDRICKS. I have no objection in the world to the amendment proposed by the Senfrom Iowa, but I think it is unnecessary. I shall vote for it if he thinks it important; but when I had a connection with the GLO the decision was that it was not the intention of Congress to grant to one State lands lying within another jurisdiction, and therefore the words should be so construed as to limit the grant to the State line. I am not aware that the Land Office has de parted from that construction since. If it has, of course the amendment is a very proper one.
Mr. NORTON. That is the construction that has been applied to one road the road from StPaul to Lake Superior, that they are not permitted to go out of the State.
Mr. POMERO. The ComPubLands supposed that it was entirely unnecessary to insert such a provision as this; but if it be necessary I have no objection to the amendment.
Mr. HENDRICKS. I cannot see any objection to the amendment. I think it accomplislres what the decisions already accomplish.
Mr. POMEROY. There is no objection tort.
Mr. GRIMES. I am sorr to say that I learn the decision of my frien has been over ruled. No doubt he was right about it. It seems to me the phrase olo y of this bill would extend it into the State of own. So far as we are concerned in legislating about the public lands we do not know any limits or divisions of States; and when this bill says that this road shall begin at a certain section which is within 5 miles of the north line of the State of Iowa, and that the State of Minnesota shall have alternate sections of land on either side of that line, for 20 miles in extent, without the use of any words limiting them, I think the inference would be that they would go just exactly as far as the jurisdiction of Congress went over these public lands, whether there was an imaginary line there which separated Minnesota from Iowa or not. At any rate, out of abundance of caution, I should like to have the amendment made.
Mr. NORTON and Mr. HENDRICKS. There is no objection to it. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended; the amendments were concurred in.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. USE 0!“ BALL son LECTURES.
Mr. WILSON. I submit the following resolution and ask for its present consideration: Resolved, That the useof the Senate Chamber be granted to Mrs: M. C. Walling for the purppse of elrverrng therern an address, on Tuesday evening the 17thinstant, the floor of the Chamber to be for the exclusive accommodation of members of the Senate and HoRep and their families. By unanimous consent, the Senate proceeded to consider the resolution.
Mr. GRIMES. 1 call for the yeas&nays on the passage of the resolution. The Peas&nays were ordered.
Mr. FESSENDEN. I really hope this resolution will prevail. I am opposed as a general rule to letting anybody have the use of the Senate Chamber, but I think there are peculiar circumstances iu this case which shoal induce us to rant its use, and I will state what they are. n the 1st place, this lady presented a paper to several members of the Senate, and it was signed 1 sh0uld think by 20, recommending to the President of the Senate to grant her the use of the Hall. The President did not see fit to do so; he did not regard it as coming within his authority. A resolution of this kind was introduced into the Senate a few weeks ago; and she has been waiting here on expense, on the strength of that aper which was signed by so many Senators, s e deeming it of great importance to her to be allowed to deliver her lecture in the Senate Chamber. She has been waiting for action on the subject; she attaches great importance to it; and this delay has caused her great expense.
Mr. CONNESS. Tlhat does she want to say?
Mr. FESSENDEN. She wants to deliver a lecture. She lived at the South; she is:1. refugee from Texas, where she suffered a root deal. She appears to be, and I have no doubt she is, a very respectable woman. I hope that we shall allow her the use of the Hall, and then pass a resolution that in no other instance will we allow the Senate Chamber to be used for any such purpose. I really think that under the circumstances it would be unjust and severe on this lady to refuse her this privilege.
Mr. TRUMBULL. I should like to inquire of the Senfrom Maine if this has ever been done before.
Mr. FESSENDEN. I do not know; but it can be done, if we choose.
Mr. ANTHONY. I think the 20 senators who signed the paperreferred to ought to pay the expenses of this lady while she has been waiting. [Laughter] I know it is rather ungracious to object to a resolution of this kind; but I suppose that all that will he gained Will be the rent of a room, and I had certainly much rather pay my proportion of it than have my papers disarranged.
Mr. FESSENDEN. That is not it. She has a family and intends to lect re in different parts of the country, and she wants the prestr c of having delivered a lecture in one of the alls of Congress. I hope the Senate wrll grant the use of the Hall for this purpose. the question being taken by eas&nays, resulte yens 17, nays 16; So the resolution was agreed to. sxrzcurrvs BUSINESS. Several executive messages were received from the POTUS, by Mr. Moons, his Secretary.
Mr. LANE, of Kansas. I move to take up for consideration the bill (S.No.259) to authorize the SecyWar to settle the claims of the State of Kansas for services of militia called out by the Governor of that State on the requisition of Major GenlCurtis, the commander of the U.S. forces in that State.
Mr. TRUMBULL. I believe the Senate has been very liberal this morning with the public lands and public money; and as we have a good deal of executive business that ought to be attended to, I move that the Senate proceed to the consideration of executive business.
Mr. LANE, of Kansas. I desire to say to the Senfrom Illinois that it will take but a few minutes to pass the bill which I have called up. It is to reimburse the State of Kansas for money paid out for militia during Prices raid. I hope the Senfrom Illinois will withdraw his motion and let us pass the bill.
Mr. TRUMBULL. How much does it appropriate?
Mr. TRUMBULL. I presume it will give rise to discussion and debate.
Mr. LANE, of Kansas. I presume not. The same course has been pursued in regard to the souriand other States.
Mr. TRUMBULL. There was some doubt in regard to the Missouriclaim. I insist on my motion. The motion was agreed to; and after an hour and a half spent in executive session the doors were reopened, and the Senate adjourned. 200 and
###HOUSE OF REPRESENTATIVES. Tussnsr, April 10, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bovrrros. The Journal of yesterday was read and approved. CIVIL RIGHTS BILL.
Mr. CHANLER. I wish tosay, Mr. Speaker that I was unavoidably absent yesterday, an that, if present, I would have recorded my vote in support of the veto message of the President on the civil rights bill. I would ask to have my vote recorded now, but I understand under the new rule it cannot be done.
Mr. DRIGGS. Mr. Speaker, I rise to a privileged question; and I want, in the 1st place, to know whether, under the new rule. there is any way by which an absent member mav be permitted to record his vote.
The SPEAKER. It is impossible for the gentleman, under the rules, to have his vote now recorded.
Mr. DRIGGS. Then I wish to sav that just before the vote was taken yesterday on the veto, I was compelled to go out upon a matter that could not be put olf. I thought, from all appearances, that it would be at least an hour before a vote would be taken, an!LI went. Before doing so, however, I requested to be called in the event the vote was taken before my return. I was gone just 20 7 minutes, and when I returned the vote had been taken, and 1 found myself left out in the cold. While I regret this misfortune, it is gratifying to know that no one who knows me, either here or at home, will for a moment suppose that I dodged the question. That is something I never do where a principle is involved, especially in reference to freedom and justice. If present, I should have voted “ay.” SALARIES IN postoffice DEPT.
Mr. ALLEY from the comPostOffice and Test Roads, reported back senate JtResolution No. 29, for the transfer of the funds a prorioted for the payment of salaries in the Iyost ffice Dept to the general salary account of that Dept; and the same was then referred to the ComAppropriat. NEW RULE PROPOSED.
Mr. PAINE. I ask unanimous consent to submit the following resolution: Resolved, That the ComRules be instructed to inquire into and report upon the ex9 diencvof rovrdrng. by amendment of the rulmJ at when lhc Houseshall aveunder consideration a bill or resolution which shall have been returned by the Presidenhwrlb his oh)ectrons. to the House in which it on rnated (Ither the motion to lay on the table no; the mot] n to postpone indefinitely shall be in order.
Mr. HARDING, of Kentucky. BEALS and DIXON. On motion of
Mr. TROWBRIDGE, Senate JtResolution No. 66, authorizing the SecyTreasury to adjust the claim ofBeals drrgixon against the U.S. was taken from the Speakers table, read a 1st and 2nd time and referred to the Committee on A) proriations. Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was referred; upon the table. The latter motion was agree to. CAPTURE OF THE PRESIDENTS ASSASSINS.
Mr. DAWES, by unanimous consent, submitted the followin resolution; which was read, considered, and agreed to: Resolved, That the SecyWar he directed t9 furnish to this House the findings of (ht commis HODin the case of the awards for the capture of J. W. Booth and GeorgeH. Harold. J. E. MARTIN.
Mr. CULLOM, by unanimous consent, from the ComForAffrs, reported adverse] on a bill for the fiegal representative! Of J. E. Martin; which was laid upon the table, and the report ordered to be printed. REAR ADMIRAL PAULDING.
Mr. CULLOM, by unanimous consent, from the same committee, reported back Senate JtResolution, No. 63, authorizing Rear Admiral H. Paulding th accept a decoration from the Kin of Italy, with the recommendation that it O pass.
Skip Skip The JtResolution was ordered to a 3rd reading; and it: was accordingly read the 3rd time and passed. Mr. CULLOM mtRtv the JtResolution was passed; upon the table. Agreed to. COMMODORE WILLIAM BADFOBD.
Mr. CULLOM. by unanimous consent. from the same committee, reported back Senate JtResolution No. 44, authorizin Commo dore William Rudford to accept theldecoration of the Equestrian Order of Saint Maurizei and Lazzare from the King of Italy, with the recommendation that it do pass. 1 object.
Skip Skip The JtResolution was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. Cb LLOM mtRtv the joint. resolution was passed; upon the table. Agreed to. BRANCH MINT AT CHARLOTTE. On motion of
Mr. HIGBY, by unanimous consent, the ComMining was discharged from the further consideration of a resolution recommending the removal of the U.S. branch iniiit at Charlotte, NCarolina, to Boise City, Idaho Territory, and the same was referred to the ComWays&Means. REBECCA BOWEB.
Mr. ANCONA, by unanimous consent, iu troduced a bill for the relief of Rebecca Bower; which was read a 1st and 2nd time, and referred to the ComInvalidPens. NORTHEASTEBN FRONTIER.
Mr. PATTERSON, by unanimous consent, from the ComForAffrs, reported back a bill to provide or the defense of the northeastern frontier; which was ordered to be printed, and recommitted to the ComForAffrs.
Skip Skip LEAVE OF ABSENCE. Mr. DARLING asked and obtained leave of absence for his colleague, Mr. Donna, for one week. DUTY 0N WOOL.
Mr. ECKLEY, by unanimous consent, submitted JtResolutions of the General Assembly of Ohio, asking an additional duty on wool; which were referred to the ComWays&Means, and ordered to be printed. COAST SURVEY.
Mr. ALLEY, from the comPostOffice, obtained the floor to make a report but yielded to
Mr. LAT Ail, who submitted the following resolution from the ComPrintg: Renolved. That there be printed 2500 copies extra of the report of the Superintendent of the U.S. CoastSurvey for the year 1865 of which 1000 shall be for distribution by the Superintendent of the CoastSurvey, and 1500 for the useof the members of this House.
The SPEAKER. The committee has a right to make a report.
Mr. HARDING, of Illinois. I raise the question of order whether they can make a report while the Gentfrom Massachusetts [Mr. ALLEY] has the floor.
The SPEAKER. The Gentfrom Massachusetts [Mr. ALLEY having yielded the floor, the ComPrintg has a right to make the report.
Skip Skip The resolution was agreed to. Mr. LATHAM mtRtv the resolutiOn was agreed to; upon the table. Agreed to. GEORGETOWN AQUEDUCT.
Mr. INGERSOLL, by unanimous consent, introduced a bill to authorize the construction of a drawbridge in the aqueduct across the Potomac at Georgetown, in the DistCol, and forother purposeswhich was read a 1st and 2nd time, an referred to the ComDistCol.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. monoass RAID.
Mr. FARQUHAR, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs i be requestedto inquire into the expediency of authorising the quartermasters Dept to audit and pay the just claims of loyal citizens for horses, mules and otherpersonal propertyseizedand appropriated by the recls under Morgan in the States of adminsand Ohio in July. 1863.
Mr. HARDING, of Illinois. I demand the regular order of business. SOLDIERS, INDIVIDUAL MBMORIALS.
Mr. ALLEY, from the comPostOffice, to whom the subject had been referred with leave to report at any time, reported a bill to provide that “ soldiers individunl memorials” shall be carried through the mails at the usual rate of printed matter which was read a 1st and 2nd time. The bill was read. It provides thatthe ornamental record of the personal services of Federal officers and soldiers, composed partly of written and partly of printed matter, )ut containing no private communication, and known as “ soldiers individual memOrials, ” shall be allowed to pass through the mails upon payment of the usual posta O on printe matter.
Mr. ALLEY. This bil is as ted for by Lieu tenant GenlGrant and many others in a memorial referred to the comPostOffice, in which they state that certain ornamental records of the personal services of Federal Officers and soldiers now extensivel published, such records being composed partly of printed and partly of writ ten matter, are known as the “ L oldiers Individual Memorial.” Under existing laws, these soldiersor their friends are compelled to pay letter postage on all such memorials sent through the mails, although they contain no private communication, but simply a record to peretuate the memory of those who have perile if not yielded their lives for our common country; and they ask that these records shall be allowed to pass through the mails at the usual rates of printed matter, a request that I know every member of this House, as well as every loyal citizen of America, will only be too glad to grant to the brave defenders of the country.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordin l read the 3rd time and passed. Mr. AiEEY mtRtv the bill was passed; on the table. Agreed to. 5th E FISHERIES.
Mr. STEVENS. Ifall these previous treaties have been abrogated, would not the law of nations authorize our fishermen to go every where within a marine league of the s ore?
Mr. RAYMOND. Does the gentleman ask my opinion or the construction given by the Government authorities?
Mr. STEVENS. I ask the opinion of the ComForAffrs, who have examined this subject.
Mr. RAYMOND. I will state that my own Opinion is that if all the treaties are abrogated, we fall back any the rights which we enjoyed before any treaty stipulations were made; and that those rights, under the law of nations, unquestionably give us the right to fish any where along the coast on the rest highway of nations. I do not know that the law of nations would give us the right to land on the coast to dry and cure the fish caught. But I am quite sure that under the rights we had originally, our fishermen could fish clear up to the coast. I take it the reason for limiting the right to fish to a point beyond a line 3 miles from the coast grows out of the presumption I do not know that it is a presumption of international law, butI think it is that the jurisdiction ofevery nation overthe waters along their coasts extends to the distance to which that nation may be supposed capable of defending it, that is, the distance to which a cannon ball can be thrown from the shore.
Mr. RAYMOND. In the statement which I made of the provisions of the several treaties on this subject I simply desired to put the House in possession of the leading facts, the principal being that, by the abrogation of the treaty of 1854, we are thrown back upon previous treaties, and I think upon the treaty of 1818. The necessity for taking some action in this matter has been very well stated by the Gentfrom Maine, [Mr. PIKE]
Mr. MOULTON. Has any information been received recently from the British Government of the steps they have taken or propose to take in regard to the present condition of the fish ones“ i
Skip Skip The resolution was adopted. Mr. RAYMOND mtRtv the resolution was adopted; upon the table. Agreed to. ENROLLED BILL andJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found t y enrolled the following bill and JtResolution; when the Speaker signed the same:JtResolution (H.R.No. 105) giving construction to the law in relation to bounties payable to soldiers discharged forwounds; and An act (H.R.No. 394) for the relief of the estate of E. W. Eddy. U.S. REVENUE COMMISSION.
Mr. LAFLIN, from the ComPrintg. reported back the following resolution, with several amendments: Resolved, That there be printed for the use of the House 20,000 extra coples and for the use of the Treasury Dept 2000 copiesof the following special reports of the U.S. proven uocommission report on distilled spirits: petroleum; proprietary medicines. #0.: on the influenceof the duplication of taxation on ipdustry; on the relations of foreign trade to domcstxo industry; on iron and steel: on wool; on coppernndmnc; selections from the testimonyrelative to the development of the cotton trade and industry; and the report to the commissionon the taxation and manufacture of malt liquors in Europe; and that the Public Printer be instructed to reservefrom the extra oopics ordered for the House 10,000 copies and from the copies orderedfor the Treasury Dept 1,000 copies and to bind thelsame in connection with the ot or genoral and special reports of the commission. in such a manner asto presentall the reports of the commissioncompletein one volume: and the Printer is authorized to print an additional copies of the reports heretoforo ordere if necessary to make 10,000 complete sets. 1st amendment: Strike out "twent " and insert "7. " so that it will read “7,000.” The amendment was concurred in. 2nd amendment: Strike out “ two" and in lieu thereof insert "one." so that it will read “ 1000.“ The amendment was concurred in. 3rd amendment: Strike out “ton” and insert "live, " so that it will read "5,000d.” The amendment was concurred in.
Mr. GARFIELD. words: and that the Public Printer be required to furnish withthe same a complete index of the contents. It is utterly useless for us to have bulky documents printed without indexes, and I shall object to any being printed hereafter without a complete index.
Skip Skip The amendment was a.ed to. The resolution as amened was then adopted. Mr. LAFLIN mtRtv the resolution was adopted; upon the table. Agreed to. COMMITTEE SERVICE.
The SPEAKER announced the following apointments to fill vacancies on committees: Cu the ComElections, Mr. JOHN A. NICHOLSON, of Delaware. On the ComPacificRR, Mr. Enwm N. HUBBELL, of NewYork. GRANTS OF LAND TO SOUTHERN RAILROADS.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep of the U.S.: I transmit a communication from the SecyInterior, with the accom anying papers, in reference to grants of lands made y acts of Congress passed in the years 1850, 1853, and 1856, to the States of Mississippi, Alabama, Arkansas, Florida, and Louisiana to aid in the construction of certain railroads. As these grants will expire by limitation on the 11th day of August, 1866, leaving the roads for whose benefit they were conferred in an unfinished condition, it is recommended that the time within which they may be completed be extended for a period of 5 ears. AndrewJohnson. WASHINGTON, D. G., April 7, 1866. The message was referred to the ComPubLands, and ordered to be printed.
The SPEAKER. The morning hour now commences, and the ComMilAffrs are entitled to make their reports. GRADE 01 GENERAL.
Mr. DEMING. I am instructed by the ComMilAffrs to report a bill to revive the grade of General in the U.S. Army, and to move that it be printed with the amendments. I also move that it bemade the special order on Tuesday next after the morning hour. have been detained at home longer than I anticipated by reason of serious illness in in family, and am not prepared to proceed wi the bill today. I shall therefore regard it as a special favor and indulgence on the part of the House if it will consent to make it the special order on Tuesday next. No objection being made it was so ordered, and the bill and amendments were ordered to be printed.
Mr. GARFIELD. I call for the reading of the bill. The bill was accordingly read. It provides for the appointment byt c President, with the advice and consent of the Senate, of a General of the U.S. Army, to be selected from among Officers most distinguished for courage, ski l, and ability. The amendment reported as a substitute for the 2nd section providesthatthe pay pror of the General shallbe $40opermonth, and is allowances in all other respects shall be the same as allowed heretofore to the Lieutenant General. COMMISSAIKIES OF SUBSISTENCE.
Mr. DEMING. I am also instructed by the ComMilAffrs to report back House resolution No. 21, for the relief of certain commissaries of subsistence of the U.S. Army. The committee find, on consulting with the appropriate Dept, that I move to add these there is no need of any legislation on the subject. I therefore move that the committee be discharged from the further consideration of the resolution and that it be laid on the table. The motion was agreed to. REV. HARRISON HEERMANCE.
Mr. KETCHAM, from the ComMilAffrs, reported a JtResolution for the relief of Rev. Harrison Hecrmauce, late chaplain of the 128 h rennent of NewYork volunteers. The JtResolution authorizes an adjustment of1 the account of the chaplain for such cried as he was actually in service, for which e received no pay by reason of defective mus tering and otherwise, through no fault of his own.
Skip Skip The JtResolution was read a 1st and 2nd time, and orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. KglaTCHAM mtRtv the JtResolution was passed; upon the table. Agreed to. GEORGE It. FRANK.
Mr. KETCHAM, from the ComMilAffrs, reported a bill for the relief of George it. Frank, late captain of the 30 third regiment of Wisconsin volunteer infantry which was read a 1st and 2nd time, an orderengross and read a 3rd time. The bill was read. It authorizes payment for services as captain from the date oghis last payment to the time of the muster out of the regiment, the same as ifhe had not been mus tered out as captain for the purpoae of being mustered in as major or otherwise.
Skip Skip The bill was passed. Mr. KETE AM mtRtv the bill was passe d; on the table. Agreed to. GENERAL w. S. HANCOCK.
Mr. ANCONA, from the Committee on Mil itary Atiairs, reported back jomt resolution of the House No. 58, expressive of the thanks of Congress to Major General W. Hancock, With a substitute, recommending its passage. The substitute for the Jomt resolution was read, as tollows: Be 12 rmlvelllm (heSeminand HoRep, til m, that in addition to the thanks heretofore voted by JtResolution, nIpprovedJanuary 28, 1864, to Major General George. Meade, Miior General Oliver 0. Howard and to the officersan soldiers of the army of the lotoinuc, for the skill and heroic valor which at Gettysburg repulsed, defciited and drove back, broken and (llSPlflted, lll0 vetcmn army of the rebellion. the gratitude of the American people and the thanks of their representativesin ou ress are likewise due and are hereby triiilered to aim General Winfield S. Hancock for his gallant. meritorious, and conspicuoussharein that great and decisiveVictory.
Skip Skip The JtResolution, as amended, was ordered tobe engrossed and reada 3rd time; and being engrossed, it was accordingly read the 3rd time aird passed. Mr. ANCONA mtRtv the JtResolution was passed; and n so moved tolay the motion to reconsider upon the table. Agreed to. counr or OLAHS.
Mr. ANCONA, from the ComMilAffrs, reported a bill to extend the jurisdiction of the cart of Claims; which was read a 1st and 2nd time. The bill provides that the Court of Claims shall have jurisdiction to hear and determine all claims of paymasters, quartermasters, corn missaries of subsistence, and other disbursing Officers of the U.S., or of their administrators or executors, for relief from responsi bility on account of losses by capture or otherwise in the line of their duty, during the late war. The bill further Court of Claims s provides that whenever the have ascertained the fact l of any such loss to have been without fault or i neglect on the part of any such officer, it shall make a decree setting forth the amount thereof, upon which the properaccounting Officers of the Treasury shall allow to such officer the amount so decreed as credit in the settlement of his accounts.
Mr.CONKLlNG. Has that bill been printed?
Mr. ANCONA. I have no objection to its being recommitted and printed if it is deemed necessary. I make that motion. The motion was agreed to. So the bill was recommitted to the ComMilAffr, and ordered to be printed.
Mr. SCHENCK. I hope leave will begiven to the committee to report back the bill at any time.
The SPEAKER. A mtRtv the bill was recommitted can be entered.
Mr. ANCONA. I enter a motion to recon. sider the vote by which the bill was recommitted. MILITARY ROAD IN OREGON.
Mr. ROUSSEAU, from the ComMilAffrs, reported back, with the recommendation that it do pass, bill of the House No. 21, granting lands to the State of Oregon to build a military road. The bill was read. The ComMilAffrs reported an amendment to strike out from the last section of the bill the following words: and the sum of $15,000 is hereby n propriated to meetthe expensesof said survey; Hill the SecyTreasury is directed to pay over the same to the properpersonas soonassaidsurvey is completed. The amendment was agreed to.
Mr. BOUTWELL. I would like to know how much land is granted by this bill.
Mr. ROUSSEAU. 3 tiers of alternate sections on each side of the road.
Mr. BOUTWELL. What is the length of the road?
Mr. ROUSSEAU. I do not know what is the length of the road. I wish to say that I have examined precedents for this bill in several Congresses, and it is in the same terms as kindred bills which have been passed.
Mr. HENDERSON. I will say that the length of the road cannot be stated precise l. but it is somewhere near 200landfi miles. While I am up, let me saythat this road leads through ii. country that is infested by Indians. It passesby a military camp, Camp Watson, ancation itv, and also by a mining camp at a place called.umboldt Basin, and so on to Snake river. The object of the road is to provide facilities by which arms and munitions of war can be transported from point to point for the defense of that section of country. Amap has been furnished by the military authorities of that section of the country, by whom the road has been located. That country has suffered very much within the last 12 months, and is at this time suffenn very much in conse iience of the inroads of the savages. his hill is in accordance with one that was passed at the 1st session of the 38 h congress. It gives thesame amount of lands under the same restrictions. I hope for the interests of that section of country that the bill will be passed as soon as possible.
Mr. CONKLING. I move that this bill be referred to the ComPublic Lands.
The SPEAKER. The Gentfrom Kentucky [Mr. Rousseau] is entitled to the floor, having ielded to the Gentfrom Oregon [Mr. svnsnsoy] for explanation of the bill.
Mr. ROUSSEAU. I would ask, what is the purpose of referring this bill to the Committee on blic Lands?
Mr. CONKLING. My personal reason is that, like the Gentfrom Massachusetts, Mr. Bonrwau.] lam not at all satisfied that t s bill ought to pass; but I am quite safisfied that whatever be its merits, it would be well to have this bill, and all bills of this character, go to the ComPubLands, to the end that they may be treated upon some principle uniform and applicable to them all. {do not mean now to say anything avainst this particular bill, although am not satisfied with it; but I think that all these bills should under O examination by the ComPublic fiends. It is fair and safe that they should do so; and I accordingly make the motion to re fer.
Mr. HENDERSON. With the permission of the Gentfrom Kentucky, [Mr. Rous szsu] I will add that a very large portion of the country through which it is proposed this road shall pass is a broken and mountaine us country, and the land is of very little value. I may say that the land is of no value at present; and without the road it never will be of any value. Without the road, the few pieces of agricultural lands that lie adjacent to the to posed route will be without protection; an the country cannot have protection without a road for the transportation of troops and munitions of war. So the gentleman need have no fears in reference to the large amount of land to be donated, because that arge amount of land, in its present condition, is perfectly valuelcss, and only a harbor for Indians and wild beasts, and will remain so as long as there is no road through that country. I would state one other point, and thatis, that this bill is drawn in perfect accordance with abill passed at the session before the last, I 1“.
Mr. WILSON, of Iowa. I desire to ask the Gentfrom Oregon, [Mr. HsxnsizsoN] as e says this land is almost valueless for agricultural purposes, whether this bill will confer a on this railroad company any of the valua blish mineral lands in that region of country.
Mr. HENDERSON. I willanswer the Gentfrom Iowa [Mr. Winsos] by soing that mineral lands are excluded from these grants by former action of congress, and are not included in the lands granted by this bill.
Mr. WILSON, of Iowa. 1 think that is not very well settled, for this reason: that this bill, as it contains no limitation in relation to mineral lands, would by implication change the existing law so far as relates to this grant and the State of Oregon would claim under this bill, unless some such limitation is at in the bill, that it includes all lands, agricu tural, mineral and otherwise and i would further suggest that if this bill is not intended to include mineral lands, and if the amount of land which may be used for agricultural purposes is so small, and the other land which may be included is entirely worth less, then this rant will not go far toward the construction of this road. Now, all the benefit the State can derive from this grant will be from the mineral lauds embraced in the grant.
Mr. HENDERSON. I understand that mineral lands are excluded from all these grants by former acts of Congress. This bill provides for granting lands " not otherwise appropriated or reserved by Congress.” mineral lands are reserved by former acts of congress, and therefore this bill will not include them. It is true, as the Gentfrom Iowa [Mr. Winsoiv] has said, that the land will not go a great ways toward building this road; but it will assist ver materially in doing so. But I presume it will not be sufficient to make such a road as the interests of the country demand.
Mr. CONKLING. Will the gentleman allow me to inquire whether this bill has been recommended by auy Dept of the Government?
Mr. HENDERSON. Iwill answer the Gentleman by saying that this bill was requested by the commander of the Dept of the Columbia, who furnished me a map of the Dept and a draft of the bill and I will again add that this bill is in strict conformity with the bill passed by Congress 2 years ago.
Mr. CONKLING. My question was not whether the commander of some military Dept had recommended this measure, but whether any Dept of this Government, the War Dept, or any other has ever recommended such legislation as this in this case.
Mr. HENDERSON. I presume not; but the commander of that military Dept is better acquainted with the necessities of that country than the head of any Dept here at Washington.
Mr. FARNSWORTH. I desire to ask the Gentfrom NewYork whether the opinion of the Sens&Reps of a State in favor of the propriety of an appropriation of this kind is not worthy of as much consideration as the recommendation of a Dept remote from that State. I believe that Congress, in making all these various land grants, has not acted upon the recommendation of any Dept. I am not aware that any of these land grants were ever recommended by any Dept of the Government. Those grants have been made because Senators and members from the States concerned, understanding the interests of the State, asked for the grant. While I am on the floor I wish to say that I am in favor of making liberal grants of lands to these new States for the purpose of aiding in their deveIOpmeut. We hold these lands for the purpose of settlement. If we grant alternate sections to one of these new States the State desires settlers, and will ofcourse use the land in such a manner as to promote the settlement of the country.
Mr. WASHBURNE, of Illinois. the bill will be printed.
Mr. ROUSSEAU. As this matter has eli cited some debate, and as there appears to be some doubt in the minds of some members in regard to it, I move that the bill be printed and referred to the ComPubLands. The motion was agreed to. JOHN c.:ursausiv.
Mr. ANCONA reported back, from the ComMilAffr, a bill for the relief of John C. McFerran, of the U.S. Army. The bill, which was read in ertenso, provides that the properaccountingolficers of the Treasury be irected to credit John C. McFerran, of the U.S. Army, with the sum of $1, 256, being the amount for which, as asst commissary of subsistence, he erroneously receipted to Francis F. Thomas, also an asst commissary, in excess of the amount of money actually paid over to him by saidThomas at Santa Fe, in the Territory of NewMexico, in November, 1850.
Mr. WASHBURNE, ofIllinois. The report which has just been read discloses, it seems to me, a state of facts upon which this House will not consent to pass this bill. It appears that Lieutenant Thomas took some money to Santa Fe to deliver to McFerran, who without counting the money gave his receipt. He now alleges that it turned out there was not as much money as he receipted for. Then, having neglected his plain duty to count the money as he was bound to do, he comes in here and asks the House to make good the deficit. That is the whole case in a nutshell.
Mr. ANCONA. The gentleman does not make a fair stateinent of the case. He has called for the reading of the report, and I ask that the reading of the report be concluded. The report was then read through.
Mr. TAYLOR. I suppose it is within the recollection of the House that in case of such losses it has heretofore been the practice to order a board of survey to examine into the matter, and it has been held that the report of that board of survey exonerates the part and acts as a sufficient voucher for the different Depts to which he may be responsible. Is there such a report in this case?
Mr. ANCONA. It does not appear by the apers that any such survey was ordered. here is no question about the facts, and that the loss or error was reported in good time to the Dept here. I do not think that an Officer should be held accountable for the neg ligence ofhis superior.
Mr. TAYLOR. It was the duty of the officer himself, suffering the loss, to ask for a board of survey.
Mr. PRICE. Mr. Speaker, in listening to the reading of the report of the committee, I noticed one starth ng fact, if it be true, and I have no doubt it is true; and it is simply this: that it has been the custom of Government officers, both in the civil and military service, to receipt for money without (:Ounting it and that is the reason given why this officer should not be held responsible for this money for which he receipted. I deny that it is the custom of men in business life to recci t for large sums of money without counting them. The report says that it is proved that this officer receipted for more than he received. If that be proved, it does not exonerate the party receipting, if there should be any discrepancy in the count. lfaman gives a receipt for more money than he receives, it is clear that the rem edy lies from him to the party to whom he has given the receipt. In case he fails there he must lose the money. If McFerran had not given Thomas a recci tthe Government would have had recourse to horuas for the money, but McFerran having given Thomas a receipt he asks to be allowed in the settlement of his accounts for so much money as he receipted for more than he received. McFerran says that he gave a receipt, but that he did not receive the money, and he asks to be credited for the money for which he gave a receipt, and then he did not count what he received. If that course is to be pursued there will be no safety for the Government. Now, when a man gives a receipt for an amount of money it is his business to see that he receives it. If this precedent has been established heretofore, it is about time that we corrected that course of proceeding and made a man who gives a receipt suffer if he has not received the amountof money he has receipted for, and not the Government.
Mr. DAVIS. Mr. Speaker, there is another point to which I desire to call the attention of the House. It appears from the reading of the report that 7 months ela sed from the time of his making the receipt before the money was ever counted. I apprehend no business man would receive a large sum of money and recei t for it without counting it for 7 months. After that period any man would be estopped in law from saying there was an error in the count. The presumption is there is no error in such a count. A presumtion might arise that during these 7 mont ssome one had opened this box, but there is not one word of roof in the report of any fact which would mi itate against such apresumption. It is true the report says they believe it has not been opened, but the circumstances in which that box was kept have not been disclosed, and we have no reason to infer somebody did not open that box and take the money. It seems to me to establish a precedent so dangerous to the Government as this would be inviting carelessness and negligence on the part of our officers. The only relief, it seems to me. to which this party could be entitled, and that certainly would be right and just, is this: if the officer shall make good the money which the GOvernment lost, the Government will assign and transfer to him all right or claim which the Government might have against the party originally delivering the money. Then he could prosecute his rights, and if he could show that this money was ost without his newligence, and that Thomas had never delivered it to him, he could recover the claim and not otherwise.
Mr. ROUSSEAU. If this party coifld sue the U.S and set up the facts, there would be no difficulty in his recovering his claim. I hold that the Government could lose nothing, let it go as it may. The party who was uilty of the fraud upon this man is responsible to the Government. His settlement With the Dept amounts to nothing. The Government has of this money about 800 dollars.
Mr. DAVIS. Pardon meaquestion. Iaskthe gfntleman as a matter of law, after the General government has received this money, ven its receipt for it, and it remains uncounte by the General Government, does not the presumption arise that the receipt was right, and that the Government is estopped by the act of its own officer?
Mr. ROUSSEAU. The receipt itself is presumption that it is right, but the evidence here uncontroverted shows that it is all wrong, and I hold that the Government of the U.S. cannot honorably do what an honest man would not do.
Mr. ANCONA. I see no use pressing this matter now, and I move that it be recommitted to the ComMilAffrs.
Skip Skip Mr. UPSON. I object. I move that it lie on the table. the question bein taken on the motion to lay the bill on the ta le, no quorum voted. Mr. WASHBURNE, ofIl ine is. I demand the yeas and nsys. The yous&nays were not ordered. The SPEA KER ordered tellers on the motion to lay the bill on the table, and appointed Mr. UrsoN and Mr. Aucoru. The House divided; and the tellers reported ayes 43, noes 54. So the bill was not laid on the table. The question then recurred on the motion to recommit and it was agreed to. Mr. HARISING, of Illinois. mtRtv the bill was recommit ted; on the table. Agreed to. NATIONAL ASYLUM FOR DISAPLED SOLDIERS.
Mr. SCHENCK, from the ComMilAffrs, reported a JtResolution appointing manaers for the ational Asylum for Disabled Vo unteer Soldiers; which was read a 1st and 2nd time, and orderengross and read a 3rd time. The JtResolution was read, as follows: Be it remned by(heSenate and HoRep. 420., That the following persons be, and theyare hereby a )pointed man ersof the National Asylum for Disab ed Volunteer boldiersunder the provisions and conditionsof the 3rd sectionof the nctapproved Mnrch 2L 1866: Richard Ogleshy of Illinois; Benjamin F. Butler of Massachusetts, and Frederick Smyth of NewHampshiro, of the 1st class.to servesix years: Lewis B. Gunckel of Ohio, Jay Cooke of Pennsylvania and P. Joseph Osterhaus of Missouri. of the 2nd class, to serve 4 years; John H. Martin dale of NewYork, Horatio G. Stebbins of California, and H. Walker of Wisconsin, of the 3rd class, to servetwo years.
Skip Skip The JtResolution was read a 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. Agreed to. ARTIFICIAL LIMBS.
Mr. SCHENCK, byunaniine us consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyWar he directed to communicateto this House a.IlStOfall personsor firms, manufacturers of artificial limbs, who have been employed or authorized to furnish arms. legs, hands or feet, of their invention or construction. to soldiersat the expenseof the Government: and also a list of the namesand residencesofall soldiers who have been thus furnished. indicating, also, in the caseof each man what artificial limb or memberha been provided for him, at what date, at what cost and of what manufacture. PAYMASTERS or THE ARMY.
Mr. SCHENCK, from the ComMilAffrs, to which was referred House bill No. 369, relating to the accounts of paymasters, reported back a bill for the relief of paymasters of the Army. The bill was read a 1st and 2nd time, and orderengross and read a 3rd e. The bill allows an additional compensation to paymasters of the Army, employed, during the rebellion, of one 4th of 1%. on all sums disbursed, provided that the commissions to anyone paymastor shall not exceed $1,000 perannum. The morning hour having expired on motion of
Mr. sonsse u, the biii was ordered to be printed. BANKRUPT BILL.
The SPEAKER. The morninghour having expired, the 1st business in order is the mtRtv the bankrupt bill was rejected. upon which the Gentfrom Michigan [Mr. Bssuas] is entitled to the floor.
Mr. CONKLING. I wish to ask a question, the answer to which will enable me to govern my vote somewhat on the motion to reconsider. It is whether, ifthe bill is reconsidered, those having it in charge will consent to its reconsideration to a stage early enough to admit amendments; or whether they wilfeonsentthat it be recommitted to the committee to be reported again, to the end that it may be amended? would like to know whetherit is the intention, should it be reconsidered, to ress the bill to a vote precisely as it now stau s.
Mr. BEAMAN. Not having had charge of the bill, I should not feel at berty to make any arrangement of the kind suggested by the Gentfrom NewYork.
Mr. JENCKES. I will answer the question, with the permission of the Gentfrom Michigan, Mr. Bismuth] The Senate has case a bi reorganizing the judiciary of the,U.S. H that bill becomes a law, it will be necessary to modify this bill, and it can only be done after the bill which has passed the Senate shall have passed this House. I will agree, so far as I have any interest in the matter, to meet the Gentfrom NewYork [Mr. Consume] in any modification that may improve the machinery if I may use the phrase by which the operation of this bill can e carried into effect. It can only be done by the friends of the bill meeting, considering, and maturing the propositions that are required for that purpose. If the bill passes this House and goes before the committee of the Senate, that committee having reported the bill amending the judiciary system of the country, the gentlemans propositions or the propositions of any other gentlemen may be then and there considered.
Mr. CONKLING. Shallweunderstand, then, that the reconsideration of the vote by which the bill was lost implies that the House is to be brought to a vote upon the bill as it stands now, and that we are to trust merely to the olden promise of some shadowy by and by in the Senate?
Mr. JENCKES. When the gentleman has answered the question fairly, if he has an amendment which he thinks will improve the bill, the Gentfrom RhdIsland will meet him, if he has not done so already.
Mr. CONKLING. Then may we understand from that, that if we vote to reconsider this bill the reconsideration will be carried back behind the 3rd reading, and the bill will then be subject to amendment; or in the other event, that the Gentfrom RhdIsland [Mr.J sucuus] will consent to have the bill recommitted, so that in that way we may have the billamended?
The SPEAKER. The 3rd reading of the bill could not now be reconsidered; the motion to reconsider should have been submitted on the day or the day following when it was read the 3rd time. The bill maybe recommitted, if the motion to reconsider shall prevail, to the committee, with or without instructions, and thus be again open to amendment.
Mr. JENOKES. The Gentfrom NewYork [ML Consume] understands thatarecomv mittal of this bill at this time is equivalent to its rejection. If the gentleman has any amendment to prose which he thinks will improve the bill will agree to a reconsideration of all the votes necessary to enable him to offer his amendment.
Mr. conKLING. Would it be acceptable to the gentleman to have the bill recommitted with leave to report it again at any time?
Mr. JENCKES. That is not for me many; it is for the House to determine that question. If the House will agree to that of course I will agree to it. But in the ressure of business now I cannot ask this of teHouse.
The SPEAKER. If the bill be recommit ted the motion to reconsider may be entered, and if it is not laid upon the table, the bill may be brought back into the House at any time, or it may be reported when the committee on bankruptcy is called again this session, though that may not be for 3 or 4 weeks.
Mr. JENCKES. The committee may never be called again.
The SPEAKER. It would undoubtedly delay the hill to recommit it.
Mr. JENCKES. The objection of the Gentfrom NewYork, [Mr. Coxxmso] as I understand, is simply to the machinery by which this bill, if it shall become a law, is to be carried into effect. Now, I am willing to meet him, and to improve that machinery, if I can do so in any way known to him or to me. I understand he has no objection to the principle of the law; and if he has not, then I appeal to him to meet me as I will meet him. Let this bill pass this House here and now, so that it may go into the statute books of this country, and if there are any defects in it, it may be improved hereafter.
Mr. JENCKES. With the permission of the Gentfrom Michigan, [h
Mr. Bunny] who as the floor, I will an a few words in reply to the Gentfrom i NewYork, [Mr Coxs Llso.] I do not hear from him, and I have not heard from him in the course of the debate upon this bill, any proposition of amendment, which, if accepted, he would agree to. I do not know of any proposition of amendment with regard to carrying this bill into effect which he could make that would not agree to.
Mr. CONKLING. I am not sure whether the gentleman would like me to interrupt him at this point or not.
Mr. CONKLING. I understood the gentleman to say that he had heard no proposition from me to amend in such wise that if adopted it would be acceptable to me.
Mr. JENCKES. That is just what I said, and just what I meant to say. Mr. CONKLING. Then I beg to correct the gentleman, if he will allow me. As to what the gentleman calls the machinery of the bill, as to the provision, for example, placin it at the option of the marshal to make his district swarm with deputies, I will agree to the provision of the bill in thatrespect as it stands, if he will simplyconsent to cmase ulnte it in the particular Ihavementioned; if he will take out of it what I believe to be an unnecessary and pernicious provision. In regard to other matters, I can suggest to him as rapidly as I can use a pencil what I think will improve the bill, and which if ado ited. would be acceptable to me. Mr. JENOKES. les, Mr. Speaker; but the gentleman has not proposed any amendment to meet that particular difiieulty and it is a difficulty arising out of what I have called and the gentleman has retorted upon me the phrase, “ the machinery of the law." I must confess that I do not know of any better mode of having the law executed, if this bill is to become a law, than the one reported from the committee. If the gentleman can think of any, then let him offer or propose his amendtment, and we will accept it.
Mr. CONKLING. I do think of a better mode. M colleague from the Madison district [Mr. ousus] presented an amendment which I think is better.
Mr. JENCKES. I offered to accept that amendment.
Mr. CONKLING. Then why was it not accepted?
Mr. SPALDING. I do not think this discussion is likely to be productive of any prac tical advantage.
Mr. JENCKES. The Gentfrom Ohio [Mr. SPALDING] is right in that. But I wish to say, ifthe Gentfrom Michigan [Mr. BEA uss] will allow me, that this discussion has now been brought down to this simple proposition, members oppose the passage of this bill because of some defects in the machinery by which it is to be carried into execution, and not because of any principle involved in the bill. Now, if the Gentfrom NewYork [Mr. CONKIJNG] chooses to take that position the responsibility is upon him and not upon me.
Mr. BEAMAN. I now yield to the Gentfrom Illinois [Mu Coos] for a few moments.
Mr. COOK. I have but a single remark to make in connection with this bill. As it is now framed this bill seems to me to do away with our State homestead exemption laws, such as rovail in the State of Illinois, for instance. I have watched the working of those laws, and believe that they are more beneficcut in their operations, that they afford more real irrtcction to the people than would this bill If it becomes a law; and I am unwilling to exchange the one for the other. But, in order that the bill may be perfected, if possible, by its friends, to meet this objection, I am willing to vote for the reconsideration.
Skip Skip Mr. BEAMAN demanded the previous question. The previous question was 2nded and the main question ordered. Mr. STEVENS demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 83, nays 45, not voting 65; So the mtR agreed to. During the roll call, Mr. INGERSOLL said: I am paired on all questions connected with the bankrupt bill with Mr. POMEROY, of NewYork. If he were here he would vote for the reconsideration, while I should vote against it. I wish to state further that Mr. Poiiaiiovhas been a friend of this measure both in this congress and the last. A few days previous to the vote on the passage of the bill is came to me and requested me to pair with him as he de sired to go home. I agreed to do so, but when my name was called on the passage of the bill I had forgotten all about my pair and voted. I owe it to him as well as to myself to state that I was paired at that time and ought not to have voted. I make this statement in justice to him as showing to his constituents his interest in this measure. Mr. McKEE said: Mr. BHELPS, of Maryland, has been called out to a meeting of a committee of conference, and I have paired with him. He would have voted “ ay” on this proposition and I would have voted “no.” Mr. PIKE said: Upon this question I am paired with my colleague, Mr. Bum; If he were here he would vote against the reconsideration and I would vote for it. Mr. THAYER said: Mr. ECKLEY was called out of the House about an hour ago on very important business, and desired me to state so in case a vote was taken. The result of the vote having been announced as above recorded, the question recurred on the passage of the bill. ME. BEAMAN. Is the previous question still pending? The SPEAKER. It is not. Mr. BEAMAN. Then I move the previous question on the passage of the bill.
Mr. conKLI G. Iask the Gentfrom Michigan to allow me now to make a motion to recommit the bill to the committee, and I will ask that they have leave to report at any time, or a motion can be entered to reconsider.
Mr. BEAMAN. I have myself personally no objection to the recommittal of the bill if it is satisfactory to the gentleman who has the bill in charge. If he desires me to withdraw the previous question, I will do so, but otherwise I shall insist upon it.
Mr. CONKing. Do I understand the gentleman to refuse to allow that motion to be made?
The. SPEAKER. The Chair does not understand him to consent to it.
Mr. JENCKES. Will the Gentfrom Michigan allow me a moment?
Mr. BEAMAN. I yield to the Gentfrom RhdIsland.
Mr. JENCKES. As to these propositions of amendment, if the hill passesthe House, it will be necessary to amen it if the House agrees with the vote of the Senate on the amendments to the judiciar bill. All the propositions that have been made in the way of amendments are simply to aid in the execution of the act itself, and I suggest to gentlemen who are in favor of this measure that all such amendments can be agreed upon, perfected, and made part of the bill in its passage, if it passes at all, through the Senate.
Mr. CONKLING. I understand the Gentfrom l RhdIsland to say that in the event this House concurs with the Senate in the judiciary bill, numerous amendments to this bill will be rendered necessary.
Mr. CENIxLING. Well, that some amendments Wlll be rendered necessary. Now, I submit to the Gentfrom RhdIsland, upon his Own statement, whether a stronger case could be put showing the propriety o a recommittal of this bill. supposing that those of us who think the bill nee s amendment are wrong, still there is a very strong probability that if we pass this bill now it will have to be amended. Now, had we better pass it knowing that, and send it to the Senate, where there is no special committee on this subject, when by retaining it here and recommitting it to the committee we can accomplish the very thing which the gentleman says will be absolutely necessary, and which some of us think is necessary in any event?
Mr. JENCKES. There is one thing that I would ask the Gentfrom NewYork. Here is a measure that the commercial interests of the country have been struggling to obtain ever since we had a Government, and now, for the 1st time, the debtor and creditor interests of the whole of the U.S.A. have agreed that this measure ought to become a law, not because it is perfect, but because it may be the basis of a future and better system. The objections now made are simply to the details of the measure, to the deputy marshals and messengers and all that tritial machinery by which the law can be carried into effect. I agree with the Gentfrom Michigan that we may as well meet the question now, and leave the details to be settled hereafter by amendments elsewhere.
Mr. BEAMAN. I now move the previous question. Mr. LAWRENCE, ofOhio. Icall for tellers on the 2nd. Mr. conKLING. Before tellers are ordered I wish to make an inquiry. If the call for the previous question is not sustained, will a motion torecommit be then in order?.
The SPEAKER. It will, and the Chair Wlll recognize the Gentfrom NewYork, as he has oppose the seeonding of the previous question for the purpose of making that motion.
Skip Skip Mr. CONKLING. I hqpe the previous question will not be 2nde. Tellers were ordered; and Messrs. J norms and CoNKLixo were appointed. The House divided; and the tellers reported ayes 67, noes 55. So the previous question was 2nded. The question recurred upon ordering the main question. Mr. GARFIELD demanded the yeas and no. s. The yeas&nays were ordered. The question was taken; and it was decided in the alIirmative yeas 68, nays 67, not voting 48; So the mainquestion was ordered. During the cal of the roll, Mr. WIN FIELD stated that he had paired with Mr. Itmroan. The result was announced as above stated. “The question recurred on the passage of the 1. Mr. ROLLINS. I move a call of the House.
The SPEAKER. The House is acting under the prevmus question; and a motion for a call of the House is not in order, unless it appears by a count that there is no quorum present.
Mr. JENCKES. It has not been my desireto press this bill to a vote unless the House should be full. If by unanimous consent a future time can be fixed for taking the vote, I have no objection. Mr. WASHBURNE, of Illine rs.
The SPEAKER. It cannot be done W1 unanimous consent.
Skip Skip Mr. STEVENS. I call for the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 70, nays 73, not voting 40; So the bill was rejected. During the call of the roll the following announcements were made: Mr. DAVIS. I desire to state that Mr. Anss is aired on this and other questions with Mr. iiinsn. Mr. INGEHSOLL. On this question I have aired, as I have already stated, with Mr. oxnaov. Mr. MARSHALL. M colleague, Mr. Ross, is unavoidably absent. He understood himself to be paired with Mr. Rwroau. Mr. ANCONA. My colleague, Mr. JOHN sos, is still detained from the House by sick mess. The result of the vote was announced as above stated.
Mr. CONKLING. I desire to inquire of the Chair whether, as the vote on the passage of this bill has once been reconsidered, it is in order now to move a reconsideration.
Mr. CONKLING. So Isupposed butother gentlemen thought otherwise, hence I made the in any. lie SPEAKER. The Chair will state, however, if the gentleman desires an explanation on this point, that the reference of new matter to a committee which has once been raised, revives the committee and authorizes it to report again.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonnsv, its Secretary, announced that the Senate had passed a JtResolution and bills of the following titles, in which the concurrence of the House was requested:JtResolution (S.R.No. 60) referring the petition and apers in the case of James Crat chett to the ourt of Claims; An act (S.No.219) granting certain lands to the State of Michigan to aid in the con! struction of a ship canal to connect the waters of Lake Superior with the lake known as Lac LaBelle in said State; and An act (S.No.248) for the relief of James G. Clarke. The message also announced that the senate had passed without amendment House bills of the following titles: An act (H.R.No. 207) to amend an act entitled “An act to provide Ways&Means to support the Government, ” approved March 3, 1866; and An not (H.R.No. 364) to confirm unto Augustin Amiot, his legal assigns and representatives, a certain lot of ground in the city of StLouis, in the State of Missouri. The message also announced that the Senate had passed a bill (H.R.No. 360) entitled “An act to reimburse the State of Pennsylvania for moneys advanced Government for war purposes, ” with an amendment, in which the concurrence of the House was requested. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill (H.R.No. 207) entitled “An act to amend an act to provide Ways&Means to support the Government, approved March 3, 1865; where upon the S 108.er signed the same.
Mr. MYERS. I move that the House proceed to the consideration of business on the Speakers table. The motion was agreed to. MUTUAL FIRE INSURANCE COMPANY. The 1st business on the Speakers table was Senate amendment to the bi l(H.R.No. 223) entitled “An act to amend an act to incorporate the Mutual Fire Insurance Company of the DistCol.” The amendment of the Senate was read, as follows: Strike out the words, “ the said act, " and insert In lieu thereof the lollowmz: Anact entitled “An act to incorporate the Mutual Fire Insurance Companyin the DistCol, " approved the 10thday of January, 1855. The amendment was concurred in.
Skip Skip Mr. INGERSOLL mtRtv the amendment of the Senate was concurred in; on the table. Agreed to. REIMBURSEMENT OF PENNSYLVANIA WAR DEBT.
The Clerk read The next business on the Speakers table was Senate amendment to the bill (H.R.No. 360) entitled “An act to reimburse the State of Pennsylvania for moneys advanced Government for war purposes.” The amendment of the Senate was read, as follows: mail}, the blank in said bill by inserting " March 14,
Mr. MYERS. I move that the House concur in the amendment of the Senate.
Skip Skip The amendment was concurred in. Mr. MYERS. mtRtv the Senate amendment has been concurred in, d on the table. Agreed to. DISPOSAL or uses. The next business on the Speakers table was Senate bill No. 168, entitled “An act to provide for the disposal of certain lands therein namedf which was read a 1st and 2nd time, and referred to the ComPubLands. WELLINGTON and DORSDY. The next business on the Speakers table was Senate bill No. 210, entitled “An act for the relief of Wellington d. Dorsey;” which was read a 1st and 2nd time, and referred to the ComPostOffice. LAND GRANT TO OREGON. The next business on the Speakers table was Senate bill No. 62, entitled “An act to amend an act entitled An act granting lands to the State of Oregon to aid in the construction of a military road from Eugene Ci to the eastern boundary of said Statef” which was read a 1st and 2nd time, and referred to the ComPubLands. BURIAL OF U.S. SOLDIERS. The next business on the Speakers table was Senate JtResolution No. 58, respecting the burial of soldiers who died in the militar service of the U.S. during the robelion; which was read a 1st and 2nd time. The JtResolution, which was read in a: tenso, proposes to authorize and require the SecyWar to take immediate measures to preserve from desecration the graves of the soldiers of the U.S. who fell in battle or died of disease in the field and in hospital during the war of the rebellion, to secure suit able hurial places in which they may be properly interrc, and to have the graves inclose d, so that the resting places of the honored dead maybe kept sacred forever.
Skip Skip The JtResolution was ordered to a 3rd readin, was read the 3rd time, and passed. Mr. THAYER mtRtv the JtResolution was passed; on the table. Agreed to. BOUNHES to COLORED SOLDIERS, m.
The Clerk read The next business on the Speakers table was Senate resolution No. 51, respecting the bounties to colored soldiers, and the pensions, bounties, and allowances to their heirs; which was read a 1st and 2nd time, and referred to the ComMilAffrs. REVISION OF U.S. STATUTES. The next business on the Speakers table was Senate bill No. 59, entitled “An act to provide for the revision and consolidation of testat utes of the U.S.” which was read a 1st and 2nd time, and referred to the ComJudiciary. JAMES enurenmrl. The next business on the Speakers table was Senate resolution No. 60, referring the petition and apers in the case of James Crutchett to the gourt of Claims; which was read a 1st and 2nd time, and referred to the ComClaims. JAMES G. CLARKE. The next business on the Speakers table was Senate bill No. 248, for the relief of James G. Clarke; which was taken up, read a 1st and 2nd time and referred to the ComForAffrs. MICHIGAN snrr casan. The next business on the Speakers table was Senate bill No. 219, granting certain lands to the State of Michigan to aid in the construction of a ship canaltoconnect the waters of Lake Superior With the lake known as Lac LaBelle, in said State; which was taken up, read a 1st and 2nd time, and referred to the ComPubLands.
Mr. WASHBURNE, of Illinois, mtRtv the several bills and JtResolutions had been referred; upon the table. Agreed to.
Mr. BIDWELL. Mr. Speaker, I am instructed by the ComAg to report back House bill No. 60, to amend the 5th section of an act entitled “ An act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, with a substitute, which I am sure will cure all the objections heretofore made. I ask that it shall be put at once upon its passage, because the time provided in the law to which this is an amendment will soon expire. I ask the Clerk to read the substitute. The substitute was then read.
Mr. BIDWELL. I propose to call the previous questiou, as I am sure, from the reing of the ill, it has commended itself to all the members of the House. I have an amendment to offer which I do not rert from the committee, but offer as an individual member of the House. There was objection in the ComAg to extending the benefits of the act to the several Territories. While I differed with the committee, still I did not insist on making a minority report. I have an amendment making an exception in favor of Washington Territo, and to sh0w the necessity for it I shall mere y ask the Clerk to read a memorial from the Legislative Assembl of that Territory.
Mr. DELANO. desire to ask the gentleman a questiou. I cannot understan what lengthof time the bill allows.
Mr. BIDWELL. 5 years from the date of acceptauce, and in the case of those States which have not accepted, 5 years from the time the do accept.
Mr. DELANO. How in regard to the States which have already accepted Mr. BID WELL. It extends the time in regard to them.
Mr. DELANO. I should like to be certain there is no danger about the construction of the bill in that respect. Does it extend the time to the States whichhave already accepted the grant?
Mr. BIDWELL. In the 1st section. I think it covers the entire ground. I now offer the following amendment: Ptovided fin flier, That the Territory of Washington be and the same hereby is, authorizod to take and claim the benefitsof the said not of July 2.1862, and of this act, to the extent of 30,000 acres, while the same remains under a territorial government, arid 60,000 acres additional thereto when said Territory shall beadmitted into the Union as a.State, and the said Territory shall be governed by and conform to all the provisions and requirements applicable to States. Now, in support of that amendment I ask the Clerk to read the memorial of the Legislative Assembly of Washington Territory.
Mr. GRINNELL. I desire to ask my friend, the chairman of the ComAg, [Mr. BIDWELL] whether he will not accept an amendment including Nebraska Territory also. Nebraska has about 60,000 inhabitants, and I do not see any reason why we should extend this to Washington Territory and not to Nebraska.
Mr. WILSON, of Iowa. I ask in colleague [Mr. Grumman] to include also Da ota.
Mr. GRINNELL. I could not accept it. I understand there are only 25,000 people there now.
The SPEAKER. There is already an amendment to an amendment pending as a substitute.
Mr. BIDWELL. I withdraw my amendment if it is going to bring in all the Territories. I do not want the bill loaded down so that it shall not pass. If other Territories are to be added it may killthe bill, and it is absolutely necessary that it should pass now.
Mr. GRINNELL. I do not desire to offer the amendment with a view to embarrass the bill. I therefore withdraw my proposition.
Mr. ALLISON. I propose to renew it, and to embrace all the Territories.
The SPEAKER. The Gentfrom California [Mr. Bipwnu.] withdraws his substitute, and demands the previous question.
Mr. DELANO. I hope the gentleman will withdraw it for a moment.
Mr. DELANO. I am satisfied that the bill in its present form does not extend the time to the States that have not accepted the grants. My own State, among others, needs more time in order to complete the 1st college, which it is required to do within 5 years after the acceptance of the grant. The bill, I am satisfied, does not reach that view of the case. I am a friend to this measure.
Mr. BIDWELL. In order to have this bill put in a proor she e, if it be the understanding of the House, am willing to have it post poned till tomorrow, and have it printed.
Mr. DELANO. Then I move to have it recommitted, with leave to report at any time. No objection being made, it was so ordered. 5 CENT COIN.
Mr. KASSON. The ComCoinage, Weights, and Measures have instructed me to report House bill No. 397, to authorize the coinage of 5 cent pieces. No objection being made, the bill was considered, and was orderengross and read a 3rd time. The bill provides that as soon as practicablethere shall be coined at the U.S. Mint a 5 cent piece, composed of copperand nickel, the proportion of the latternotexceeding 25%., and the weight of the coin not to exceed 60 ains. The bill further provides that from an after the passage of this act no further issues shall be made of the 5 cent fractional currency, and all such outstanding currency shall be redeemed and withdrawn from circulation, leaving no fractional currency of a less denomination than ten cents.
Mr. KASSON. This bill is prepared at the Mint, and the committee very cordially unite with the governor of the Mint in recommending its option. It follows the precedent of the bills passed at the last sessioriof Congress for the coinage of smaller pieces. It contains the usual legal provisions, and no. the r, except that it provides for the withdrawal of the sma l est fractional notes now issued, namely, the 5 cent notes.
Mr. WILSON, of Iowa. I think there should be some change in the provision in regard to the gross amount to be presented for redemption. It is now in sums of $100 and over.
Mr. KASSON. The objection to the reduction is that any smaller sum subjects the employee of the Mint to very great annoyance an trouble, owin to the small denomination of the currency. his limit is deemed as small as will be exedient for the administration of the law. It is designed to prevent these notes comin back in small sums.
Mr. xELLEY. I wish to ask a questiou. Can the Gentfrom Iowa [Mr. give us an idea what will be the sizaesseatns; weight of tacoin? Ilia KASSON. The Director of the Mint has prepared a suggestive model, if I may call it such, the only suggestion that I have seen. It is somewhat larger Indiameter than the 3cent iece. The matter is left, as usual in these bil s in relation to mine r coins, to the discretion of the governor of the Mint and the SecyTreasury, and the committee have no desire to take that discretion from them.
Mr. KELLEY. To what 3cent piece does the gentleman refer?
Mr. KASSON. The one authorized by the last Congress.
Mr. GRINN ELL. I would ask my colleague if he can tell us what device is to appear on the coin.
Mr. KASSON. I am afraid my colleague is eneroaching a little on the province of the Gentfrom Pennsylvania, [Mr. THAYER] All I can say in regard to that is, that it is not to be adorned with the head of any living person. [Laughter
Mr. CO. KLING. Does not the bill provide that the weight of the coin shall be 60. ins?
Mr. CONKLING. I am told that the old cent weighs 6one grains. If so, and it is designed to make this new coin weigh 60 ins, it must be several times as large as the model which the Gentfrom Iowa, [Mr. Kasson] has in his mind, so that if he means to restrict the size to anything like that of the new 3cent pieces, I would suggest that the weight had better be diminished.
Mr. hASSON. My reply to that is, thatthe officers of the Mint, as the committee know, are against the issue of an of those large coins of small value. I think, therefore, my riends information is incorrect as to the weight of the old cent; and inasmuch as this weight was fixed under the influence of this well known desire on the part of the officers of the Mint, I should be unwilling to change the provision without further information.
Mr. TH YER. I will suggestto the Gentfrom NewYork that if he will remember that by the bill 25%. of the coin is to be made of nickel, he will easil perceive that it is impossible it should be of the size he indicates.
Mr. CONKLING. the Gentfrom Pennsylvania has hit upon the very thing that arrested my attention. Nickel is a lighter metal than copper.
Mr. CONKLING. If the coin is to be made of 2 metals, 25%. being of a metal lighter than cepper, and if it is to weigh 60 grains, while the old cent weighs 60 one, of course it will be larger than that ancient coin. For one I hope we will not authorize such a thing.
Mr. THAYER. There is no danger of any such result. anyone can easily see, if this coin is to be 25%. of nickel, that it cannot be of the sin a gentleman indicates.
Mr. THAYER. Because the metal is too valuable; that is a reason which everybody will understand who knows anything of the value of nickel.
Mr. CONKLING. Then why put in a provision that it is not to weigh more than 60 ains?
Mr. KASSON. I think the Gentfrom NewYork [Mr. CONKLING] is mistaken in the weight of the coin with which he institutes a comparison, and therefore I repeat what I said: it is )etter to follow the recommendation of the officers of the Mint, who I know are opposed to the creation of large coin of small value, than to take a doubtful suggestion as to the weight of the old cent. It
Mr. GARFIELD. I would inquire whether the new coin is to be of the same intrinsic value as the old 5 cent coin.
Mr. KASSON. Of silver? Certainly not. This is intended as a temporary coin. better than paper, and to be subsequently redeemed in the paperthat is the legs currency of the country.
Mr. GARFIELD. I hope we shall not have another standard in addition to what we have already.
Skip Skip The previous question was 2nded and the main question ordered. The bill was then orderengross and read a 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. COURTS OF WASHINGTON TERRITORY.
Mr. WILSON, of Iowa. A few days the Delegate from Washington Territory [ Iagr.o DENNY] introduced a bill in relation to the courts of that Territory, and moved that it be referred to the ComJudiciary. By some mistake the bill was sent to the ComTerritor. I now ask that the ComTerritor be discharged from the further consideration of that bill, and that it be referred to the ComJudiciary; and I also move, at the request of the Delegate from Washington Territory, that the bill be printed. The motion was agreed to. BANKRUPT LAW.
Mr. CONKLING, by unanimous consent, introduced a bill to establish a uniform system of bankruptcy throughout the U.S. which was read a 1st and 2nd time, an referred to the select committee on the bankrupt law. SAFETY OF STEAMBOAT TRAVEL.
Mr. EGGLESTON. I am instructed by the ComCommerce, to which was referred House bill No. 343, further to provide for the safety of the lives of passengers on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, and for other purposes, to report the same back with sundry amendments. I am also instructed to move that the bill and amendments be printed and recommitted to the committee; and also that the report from the supervisor of inspectors be printed. The motion was agreed to. musss POINT RAILROAD Barnes.
Mr. HULBURD, by unanimous consent, introduced a bill to made the railroad bridge across Lake Champlain, at Rouses Point. a post route; Which was read a 1st and 2nd time, and referred to the comPostOffice. RECONSTRUCTION.
Mr. DAVIS, by unanimous consent, presented the JtResolutions of the Legislature I demand the previous of the State of NewYork in regard to the States lately in rebellion; which were referred to the JtComReconstruction, and ordered to be printed. LAND DISTRICT 1N MINNESOTA.
Mr. DONNELLY, by unanimous consent, introduced a bill to create an additional land district in the State of Minnesota; which was read a 1st and 2nd time, and referred to the ComPubLands. WEIGHING Ol" EXPORTS, ETC.
Mr. J. HUMPHREY, by unanimous consent, introduced a bill to provide for and to regulate the weighing of exports, and for other purposes; which was read a 1st and 2nd time.
Mr. WASHBURNE, of Illinois. I ask that the bill may be read. The bill was read at length. It provides that upon all wei hable articles hereafter exerted, upon which i a drawback or return duty is allowe, and upon all weighable goods with drawn from bonded warehouses or export, l there shall be levied and collected by the col: lectors of the several ports, 3 cents per100 ounds to be determined by the returns of the weighers. The bill further provides that the office of measurer at the port of NewYork shall be abolished, and the duties hereto fore performed by the measurers shall be performed by the wciglhers; and that the weighers at the ort of NewYork shall receive, from and after t ie passage of this act, an annual salary of each; provided that the increase of compensation over and above the present sal ary of such oficers shall not in any fiscal year exceed the amount of fees earned by them.
Mr. J. HUMPHREY. I move that the bill be referred to the ComCommerce. The motion was agreed to. POST ROUTES IN Illinois.
Mr. HARDING, of Illinois, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the comPostOffice be instructed to inquire into the necessity and exlpedicucyofestablishinga postroute from Carthage, Illinois. to Burlington. Iowa; and also a post route from Pilot Grove to Durham. in Hancock county, Illinois. AMENDMENT OF PENSION LAWS.
Mr. FARQUHAR. I ask unanimoiis consent to submit the following resolution for consideration at this time: Remlved, That the ComInvalidPens be requested to inquire into the expediency ofameuding the existipg pensionlaws.as follows. namely: 1. All prowsions hereaftergranted to bein amount due to the rank held by the person at the time of his death. discharge or musterout of service. 2. In addition to the pensionnow grantedor that may be hereafter authorized. each pensionedsoldier shall be entitled to draw annually one uniform suit of clothing. the description ofwhich to be determined by the War Dept. 3. Pensions to be paid quarterly. in lieu of semi annually.
Mr. HARDING, of Kentucky. I object and then, on motion of
Mr. ALLISON, (at 4 oclock and ten minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Wsnxssnn, April 11, 1866. Prayer by Rev. Enwaan E. HALE, D. D., of Boston, Massachusetts. The Journal of yesterday was read and approved.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (S.No.76) to rant pensions to Walter H. Tinker and John. McElroy, of Missouri, have instructed me to report it adversely upon the ground that the general (pension laws now provide for their cases; an the committee therefore ask to be discharged from the further consideration of the bill. The report was a eed to.
Mr. VANWIN LE, from the ComPensions, to whom was referred the petition of Mrs. Anna G. Gaston, of the city of Washington, DistCol, widow of Albert G. Gaston, late a lieutenant of the 16th regiment of Virginia volunteers, praying pension, rope for a f a bill (S.No.261) for the l relief of Mrs. Anna G. Gaston. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. O also, from the same committee, to whom were referred the following bills, reported them severally without amendment: A bill (H.R.N o. 25) for the relief of Thomas Hurly; A bill g}. No. 267) granting a pension to Virginia i. V. Moore; A bill (H.R.No. 443) grantin a pension to Mrs. Elizabeth York, widow of S iuba York, late a surgeon in the 54th regiment Illinois infantry volunteers; A bill (H.R.No. 444) granting pension to Lewis W. Dietrich: A bill (H.R.No. 445)for the relief of the legal re Representatives of Betsey Nash; and A bil (H.R.No. 461) grantingapension to Ann Sheehey. He also, from the same committee, to whom was referred a bill (H.R.No. 258) granting a pension to Sarah E. Pickell, reported it adversely. He also, from the same committee, to whom was referred the bill (H.R.No. 446) for the relief of Nicholas Hibner, late a private in the 6th regiment MissouriState militia, reported it without any recommendation.
Mr. CLARK. The ComJudiciary, to whom were referred 2 resolutions inquiring what legislation, if any, is necessary to protect officers of the Army from arrest or prosecution for acts done during the rebellion, have had that matter under consideration, and have directed me to report the resolutions back to the Senate, and to ask to be discharged from their further consideration, the same matter having been provided for in a bill which has heretofore been reported by the committee. The report was agreed to. BILLS INTRODUCED.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce aJtResolution (S.R.No. (31) to extend the time for the construction of the 1st section of the Western Pacific railroad; which was read twice by its title, and referred to the ComPacificRR.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.262) to provide for the national defense by establishing a uniform militia and organizing an active volunteer militia force throughout the U.S.; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed. EDUCATION OF SOLDIERS.
Mr. SUMNER. I send a resolution to the Chair, and ask for its adoption now: Resolved, That the ComMilAffnirs and the Militia be instructed to consider the expe diency of providing a system of education for soldiers in the Arm of the U.S. so that the time not occupic in post or garrison duties may be employedin moral and intellectual improvement, to the end that the army may be a nursery of officers, and also of citizens. There being no objection, the Senate proceeded to consider the resolution.
Mr. SUMNER. Before the vote is taken I wish to say that my attention has been called to this question by a letter which I saw in the aperst is morning, from General Lew. Wal ace addressed to Hon. Jens A. BINGHAM, of the other House. It seems to me that this letter contains some important and practical suggestions, if the can be carried out. I think theymust elevatet e character ofourAim and give to it truly the character of citizen soldiers. was so much struck with them as I read the letter this morning that have drawn up this resolution thatimight bring the subJect in the most formal way before the ComMilAffrs of this body. The resolution was agreed to. LIQUOR IN THE CAPITOL.
Mr. WILSON. I offer the following concurrent resolution, and ask for its present consideration;I do not suppose there can be any objection to it: A resolution prohibiting the sale of spirituous and other liquors in the Capitol building and grounds. Resolvedbvthe Senate, (the HoRep concurring.) That the saleof spirituous liquors, winesI and intoxicatin drinks of any description whatever is hereby proibited in the Capitol building and grounds: an it shall bethe duty of the ComrPubBldg and Grounds imme diately to cause to be removed therefrom and to preven tthe sale hereafterof such articlesin the cap itol building or grounds. There being no objection, the Senate proceeded to consider the resolution.
Mr. JOHNSON. Does that only relate to the sale? I did not hear it distinctly.
Mr. JOHNSON. suppose the articles are not sold, but are to be found in the different rooms of the C iitol, what is to be done?
Mr. WILSON.Ido not know that we have power over that, but if we have, I should like to exercise that power. I think the articles should not be broughthere or be about the building; but certain yI think the Capitol of the U.S. should not be turned into a liquor shop.
Mr. JOHNSON. The power you are about to exert to prevent the ea c in the Capitol is a police power; and under that power you certainly can say that there shall be no spirituous liquors in the Capitol.
Mr. CONNESS. Or authorize them to be seizedif here. I
Mr. JOHNSON. Whether it is expedient to do it is another matter that is a point on which the Senate will decide.
Mr. WILSON. 1dr. President, I am content to pass the resolution in the form in which it has been introduced. We had here last year, I believe, a shop for the sale of whisky; and I understand that there are 2 in the Capitol now, but not at this end of it. I think it is bad enough to bring li uor here in any form, whether it comes into the committee rooms or comes in the form suggested some time ago by the Senfrom Oregon, [Mr. NESMITB] when hes okeof some personswhohadgreatcapacity to t row themseges on the outside of a quart of whisky.
Mr. MCDOUGALL. Will the Senfrom Massachusetts allow me to make one remark? I forgot to add that the reverend doctor said to me, “Well, General, you are right; but I cannot afford to so it.”
Mr. WILSON. We all know, Mr. President, that in our day old Bourbon has about as much inspiration as gin had in the days of Byron. I think the Legislatures of this country can discharge their duties quite respectably without wors ipling at that shrine, especially in the Caitoloft ecountry. If they desire to doit, Ithin the had better do it away from the Capitol an the public rounds. Ihope that the resolution, in the form in which it is introduced, will be passed and that the Commissioner who has charge of this building will see to it that the Capitol is no longer disgraced by the sale of these articles; an if they are brought here, as I understand they have been in times past by oficers of the Senate, and by men connecte with the Senate and HoRep, and kept in the committee rooms and given away and I understand that within the last 3 years boys employed in the public service here we been taxed to pay for liquors that inembers of Congress have drunk I think it is time to put an end to such things. I am content for one that we should not have the mighty inspiration of old Bourbon or gin or wine or any of those things that take mortals to the skies. Let us be content to legislate as plain, practical, public men, and leave the inspiration to others. it
Mr. MCDOUGALL called for the yeas&nays on the passage of the resolution; and they were ordered.
Mr. GRIMES. It seems to me that this resolution had better be referred to the ComPubBldg and Grounds. As Iunderstand it, the control of this wing of the Cap itol hitherto has been in charge of the President of the Senate, and the other wing has been in charge of the Speaker of the HoRep. I do not know that it is wise or us, without the slightest consideration, to take the control of this buildin from the charge of these 2 custodians and transfer it to the ComrPubBldg. I would rather have the opinion of my friendfrom missouri, [Mr. BROWN] who stands as chairman of the ComPubBldg and Grounds. on that subject; at any rate, I should then be better prEpared to vote for it. I sympathize fully With the Senfrom Massachusetts in the object he seeks to accomplish, and would like to drive all the whisky out of the Capitol; but I think we had better give the subject a little more consideration.
Mr. HENDRICKS. I do not wish it to be understood, from the fact that the Senfrom Massachusetts has so much information on this subject, that every other Senator has the same information. I did not know that there was an liquor of any sort sold about the Capitol. I have been here for 2 or 3 years, and was entirely ignorant of it; but if the case is as he states I shall not object to the resolution. I shall vote either to refer the resolution, or for the resolution itself; I do not care which. I merely desire it to be under stood that it is not such a general thing as to have attracted the attention of others. I did not know there was any such evil as the Senator speaks of. I have not heard any other Senator speak of it in this locality.
Mr. CLARK. I have not had occasion to know so much about it at this session as at a former session, but it is apparent to everybody that there is too much li nor of some kind too near the Capitol; and can state what is a fact, not at this session, but at a former session, that the very pages, the little boys whose mothers hav. but them here for their so port, have been made drunk in this Capitol byliquor furnished here, and it ought to be prohibited. It is an inspiration beginning too low down a great deal with the rising generation to be tol erated anywhere. I do not know that this resolution is quite right; I do not wish to remove the jurisdiction of the building from the president of the Senate and the Speaker of the HoRep; but Ippresume this resolution wi lnot doit. But something should be done, sir not confined entirely tot is senate or to the House; for I fear that the ComrPubBldg himself should look after some of those in his employ and see that they do not come into this building in a state in whichthey ought not to be here. Sir, the evil has come to be too injurious; and the Senate cannot go on much longer in the direction in which it has been going without becoming disgraced in the eyes of the nation. We should remove far away from us such a cause of olfense and stumbling; and, Mr. President, if we are not as we ought to be ourselves, God forbid that we should educate these little boys to become what they ought not to be.
Mr. VANWINKLE. I wish to remind the Senate, if it has not already been adverted to, that at the close of the last session a resolution similar to the one now pending, but confined in its operation to this end of the Capitol, was passed.
Mr. WILSON. At the special session of the Senate, after the 4th of March, 1865, we passed a resolution on this subject applying to this end of the Capitol. I do not know that there is any particular complaint here, but these articles are kept for sale in the Capitol. I am willing to change the resolution, if it is thought best not to leave the matter entirely to the ComrPubBldg, so as to make it the duty of the President of the Senate and the Speaker of the HoRep immediately to take measures or that purpose.
Mr. TRUMBULL. I think it is best as it is. I think it on ht to be left with the ComrPubBldg.
Mr. SHERMAN. I will ask the Senfrom Massachusetts, who has charge of the Capitol police? Under whose directions are they placed?
Mr. WILSON. I suppose under the ComrPubBldg.
Mr. SHERMAN. Then, asamatterofcourse, the resolution will have to be carried outthrongh these agents employed by us for the protection of the Capitol, and I think whoever has command of t iese policemen ought to have charge of this duty.
Mr. ANTHONY. I suggest that it be the ComrPubBldg under the direction of The President protempore of the Senate and the Speaker of the HoRep.
Mr. TRUMBULL. I thin the resolution is precisely right the way the Senfrom Massachusetts has it. If the amendment suggested should be adopted the Presiding officers of the 2 Houses would simplygive the direction to the ComrPubBldg, and it would involve the necessity of their meeting together. Some one suggested to me that it was a reflection on the Presiding Officers to clothe the ComrPubBldg with this authority; but it is not so. The Presiding officers of the 2 bodies, according to my experience, have never pretended to take charge generally of the building. They merely take charge of the Chambers and the buildin is under the control of the ComrPubBldg, who is a permanent officer nominated to the Senate by the President and employed during the whole year. He sees to the building as well during the recess as during the session of Congress. I think he is the properofficer to be charged with this duty. It seems to me the resolution is precisely right, and that we should see that DOllqUOISare sold in this buildin or on these grounds, as well in the recess as during the session of congress. No portion of the building or grounds should be made a whisky shop of at any time. I think the resolution is in proper form, leaving it to the Commissioner of pPublic Buildings to see that this duty is performed, and if it is not we can hold him responsible for it.
Mr. ANTHONY. I do not think the resolution is anyreflection on the Presiding officers of the 2 Houses; but still I think, as the Capitol has always been heretofore under the direction of the Presiding officers of the 2 Houses, that it had better not be changed in that respect. I move, therefore, to amend the resolution by inse rtin after the words “ comrPubBldg and Grounds" the words “under the direction of the President protempore of the Senate and Speaker of the HoRep.”
Mr. CONNESS. It is dividing the authority; that is the difficult.
Mr. ANTHONB. We want to divide the authority. We want the President of the senate to have direction of this end of the Capitol and the Speaker of the House direction of the other end. I do not wish the authority to be given to one body alone. I wish it. to be divided, each hanng charge of its own jurisdiction.
Mr. CONNESS. The Senator does not understand what I mean. My objection to his amendment is that it is dividing the authority as to the exercise of that authority over this subject. It makes it necessary that these 2 officers, the President of the Senate and Speaker of the HoRep, shall a, ree to give orders to the ComrPubBldg. Why not order him at once to suppress this abuse? It is a question that the resident of this body does not want to deal with; it is strictly aquestion of police. It need not be said that it is a disgrace that the means of drunkenness are furnished here to whosoever see fit to avail themselves of them. Of course the passage of this resolution will not suppress drunkenness in the Ca itol, because w ocver is inclined to drink will furnish the means of becoming drunk; but it will be a condemnation of the practice, and so far as the Ca itol is concerned it will be a purging of the bui ding and grounds of the article that leads to such disgraceful results here. I hope the amendment will not be adopted, but that the ComrPubBldg will be or dered to direct the suppression of this practice at once, and that the otheers name in the amendment will not be incumbered by ving them a part of his dutyto perform. If it s oul become necessary it would still further be the duty of the Senate to order that no liquor or intoxicating drinks should be brought upon the premises by any person whatever, and even making it penal to do it. There can be no greater disgrace before God and man thanpersons sent here to make laws for a nation boasting high civilization appearing in a state of intoxication. I hope that this short step to ward the end of such disgrace will be taken, and that the authority will not be divided, but that the Commissioner will be ordered at once to suppress the abuse.
Mr. GRIMES. I do not concur in the opinion entertained by the Senfrom California. On the contrary, I trust the Senate will adopt the amendment proposed by the Senfrom RhdIsland. It is not dividing authority. The proposition does not look to any such thing as that. It looks to the direction being given by the Presiding Officers of the 2 bodies, but that direction is to be executed by the ComrPubBldg. I am wholly unwilling, as a Senator. to surrender any authority that we have hitherto exercised, and that has been exercised ever since the foundation of the Government, over our own, wing of the Capitol. Is there any reason why we should take it awa from our President? Is it not admitted on a 1 hands that no liquor has been sold in this wing of the Ca tol since he has been Presiding officer? h then should we change the rule that has hitherto existed on this subject, and say that another officer appointed by the POTUS, over whom we have no control whatever, shall have the olice management in this wing of the Ca itoll) I see no occasion for any change on this subject. We are told that in some other portions of the Capitol liquor is sold. Very well; make it imperative upon your President and the Speaker of the HoRep to direct the executive officer to see that no liquor shall be sold, but do not take away from yourselves and from your Presiding Otheer the power that has hith prto always been exercised. I see no occasion or it.
Mr. MCDOUGALL. I do not know but that it would be well for the sober Senfrom California to indulge himself somewhat more in generous wine; and I do not know but that it would be of service to the Senfrom NewHampshire, [Mr. CLARK;] and I am sure it would have a kindly influence n on the Senfrom Massachusetts, [Mr. WILSON.] I think all these propositions, all these regulations, all this style of determining liberties that ought to be common to all men. by virtue of ismatical influences, is wrong, and I utterly protest against it. I think it was well when we had our lunch room in the Senate Chamber, where we quietly sat down and drank our wines at our pleasure. The times have come to be so false that men dare not say what they honestly think to be the truth and the right. That sin of cow ardice shall never come to my door. I say the whole proposition is wrong. Let the Senfrom assachusetts, if he chooses, drink his wine, as his fathers did before they cut down all the apple trees in Massachusetts. Because aple trees raised apples, and apples made ci er, and cider made brandy, they cut them down all through NewEngland; but in his grandfathers time every gentleman of Massachusetts, or every man who was able to afford it, had on his side board a bottle of good apple brand and he offered it to his guests the moment c received them. Those were the good old times when gentlemen were abounding in the land. This kind of regulation tends to degrade humanity and to degrade the dignity of the Senate.
The President protempore. the question is on the amendment of the Senfrom RhdIsland, which will be read.
The Secretary read the amendment, which was, in the 8th line of the resolution, after the words “ComrPubBldg and Grounds ” to insert the words “under the direction of the President of the Senate and the Speaker of the HoRep, ” so that the resolution will read: Resolved by the Senate.(the Housepf Representa tiyese oncurring.) That the saleofspirituousliqoors, Wines and intoxicating drinks of an description whatever, is hereby proibitt d in the cepitol building and grounds and it shall bathe duty of the ComrPubBldg and Grounds, under the direction of the President of the Senate and Speaker of the HoRep, immediatelytocause to be moved therefrom, and to prevent thesale hereafterof, those articles in the Capitol building or grounds. The amendment was agreed to.
The PRESIDENT O tampon. The question now is on the resolution as amended, upon which the yeas&nays have been ordere. The e(question being taken by yeas&nays, result yeas 83, nays 2; ABSENT So the resolution was adopted. KANSAS MILITIA cums.
Mr. POMEROY. I should like the Senate to proceed to the consideration of the unfinished business of yesterday. We were about taking a vote upon it when the Senate went into executive session, and I should like to have the vote taken at once. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.259) to authorize the SecyWar to settle the claims of the State of Kansas for services of the militia called out by the Governor of that State upon the request of Major GenlCurtis, the commander of the U.S. forces in that State. It authorizes the SecyWar to ascertain the amounts due for services actually rendered and material, supplies, and transportation actually furnished by the militia of the State of Kansas while in the service of the U.S. in the year 1864, and to cause them to be paid in like manner as if the militia had been regularly mustered into the service of the U.S. for a period not exceeding 30 days; and the sum of $259,000, or so much thereof as may be necessary, is appropriated to carry the set into effect.
Mr. FESSENDEN. I should like to hear some explanation of the bill, where it comes from, and what it is.
Mr. POMEROY. It is reported from the ComMilAffrs.
Mr. FESSENDEN. Then I should like some one of the ComMilAffrs to tell us what it means.
Mr. POMEROY. The case, I believe, has been very fairly stated by the Senfrom Wisconsin, exceptingthat the numberof militia was very much arger than what he has stated. I was with them, and know of their being in the service, the same as the volunteer force of the State was in service. They were commanded by GenlCurtis, and went through all the discipline and did all the service that regular volunteers did. The same was true of the Missourimilitia, forwe were all together, and the Senate have already passed a bill to reimburse the State of Missouri. This amount, of course, is much smaller than the State anticipated. It includes nothing but the actual transportation and actual supplies furnished. the question of damage, an all those other. (uestions are left out of the bill entirely. I s iall of course be gratified to have the bill passed as it is, altlwiigh I still feel that there is a large sum due the State; but 1 do not wish i to dispute with the committee on that question, i and I lic e the bill will pass as it is. l
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD its Chief Clerk, announced that the HoRep had eased the following JtResolutions of the euate without amendment: A JtResolution (S.R.No. 44) authorizing Commodore William Radford to accept a dec oration from the King of Italy; A JtResolution (S.R.No. 53) authorizing Rear Admiral H. Paulding to accept a decoration from the King of Italy; and A JtResolution (S.R.No. 58) respecting the burial of soldiers who died in the military fiervice of the U.S. during the rebel on. The message further announced that the HoRep had concurred in the amendments of the Senate to the bill (H.R.No. 223) to amend an act to incorporate the Mutual Fire Insurance Company of the DistCol, and to the bill (H.R.No. 860) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes. The message further announced that the HoRep had passed the bill (S.No.80) to issue American registers to the steam vessels Michigan and Dispatch, with amendments, in which it requested the concurreuce of the Senate. The message further announced that the HoRep had passed the following bills and JtResolutions, in which it rapiested the concurrence of the Senate: bill (H.R.No. 397) to authorize the coin age of 5cent pieces; “ A bill (H.R.No. 471) to provide that the Soldiers Individual Memorial" shall be car ried through the mails at the usual rate of printed matter; A bill (H.R.No. 249) to establish a land office in the Territory of Idaho; A bill (H.R.No. 472) for the relief of George
Mr. Frank, late captain 33rd regiment Wisconsin volunteer infantry; A JtResolution (11.R. No. 88) expressive of the thanks of Congress to Major General Winfield S. Hancock; A JtResolution (H.R.No. 107) for the relic of Rev. Harrison Heermauce, late chap lain of the 128 h regiment NewYork volunteers; and A JtResolution (H.R.No. 108) appointing manaers for the National Asylum for Disabled olunteer Soldiers. PROTECTION OF U.S. OFFICERS.
Mr. CLARK. This bill provides for the transfer of certain causes which have been brought in the State courts to the Federal courts; and it provides also, following the act of March 3, 1863, that where certain acts have been done by any order of the President, or under his authority, made at any time during the existence of the present rebellion, that order shall be a defense in all courts “to any action or prosecution, civil or criminal, pending, or to e commenced, for any search, seiz ure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, and under color of any law of Congress.” There has been a difficulty sometimes in showing the order of the President, and the act of 1863 was not thought by the committee to extend so far as it should extend; and this bill is for the purpose of extending the act to certain persons who have done acts under orders of the President or officers commanding a Dept under whose authority they were. this much like the act of 1863, but carrying the authority of that not further, which the committee think should be done at this time, for the reason that since the rebellion many suits have been instituted in the States which have been in rebellion against Federal officers, which they cannot defend in the State courts by reason of the construction given to the law in the State courts. The committee thought it would be well to extend the act to those officers, and they have concluded to report an amendment to the bill, which is the only substantial amendment, that such a defense shall not be made to any not committed or done after this time. The committee think there is no necessity now for any acts which require a defense of that kind, the rebellion being substantially terminated; they therefore propose this amendment in order to terminate the act of 1863 as well as this.
Mr. SAULSBURY. It is presumed thatthe members of the Senate, many of whom are lawyers, would like to consider well questions of this kind. I have felt like retiring to my room and giving up the contest, but there is no lawyer who can read this bill that does not know there are ver grave and serious objections to it. I shou like an opportunity to present those objections, and I shall be prepared tomorrow to present them. I therefore move that the further consideration of this subject he ost oned until tomorrow.
Mr. CLARK. Ihope the consideration of the bill will not be postponed. The bill has been deemed of pressing 1m ortance; and after sufficient time has elapsed or its mature consideration, I should hopethat it might bepassed. A great many vexationssuits have been brought, and they are still pending, and instances have been known they exist now where Federal officers have been pushed very hard and putto great hardships and expense and sometimes convicted of crime, for doing things which were right in the line of duty, and which they were ordered to do and which they could not refuse to do. It is but just and right that we should afford to those officers, at the earliest possible time, ample protection.
Mr. SAULSBURY. I know that my suggestion will not be met with any approval; I have seen enough of that at the present session; but I think there is no great anger to transpire in the next 24 hours, and the Senfrom NewHampshire need not be alarmed that any great wrongs can be perpe trated or that any great injury is going to be suffered or endured from that delay. I have not seen this bill until this moment when I heard it read. I believe, if I know anything of what the law is, that there are great and grave questions of law involved in the measure. know that my utterance is powerless to pre vent the passage of any bill here; but surely 24 hours dela will do no harm. Let us look into the bill. just want 24 hours, until we meet tomorrow, to 100 into it, to examine it; and ifI cannot demonstrate that it is violative of the Constitution of the U.S., that its provisions are flagrantly inconsistent with our system of government, I shall rise in my place and frankly confess that I am mistaken. Mr. President, where is this need, where is this necessity of going at railroad speed to the destruction of all the landmarks of your government? You have done a great deal; I ask you now to pause simply for 24 hours and let us look into the provisions of this bill. It does not answer my purpose to say that the ComJudiciary have considered it, that they have reflected on it. We all know that these committees have their peculiar business; they examine their questions, they present them to us; but we do not see them until they are presented to us. This is the 1st time we have nown what this bill was. Now, sir I only ask for a delay until tomorrow morning that we may look into the provisions of the bill. If I cannot then satisfy the Senate that in its provisions it is repugnant to the Constitution of the U.S., and that it is impoli tic in character. I shall not say one word.
The President protempore. the question is on the motion of the Senfrom ela ware to postpone the further consideration of the bill until tomorrow.
Mr. CLARK. Mr. President, I would not urge the passagleaof this bill at the present time did I suppose t tany Senator needed time for its consideration, or that any Senator would say that he did and designed to consider it. The Senfrom Indiana opposes its present consideration, but he does not say that he wants further time to consider it; and his correct analysis of the bill, and his statement of the purview and powers of the bill, and his objections to it, show clearly that he does not want any further time for that purpose. He has discussed it so thoroughly and so ably on that side of the question, that he has clearly y soldiers under shown that his time and attention have been given to it, and that he does not need further time. I think the arguments he has made against the bill are a strong argument against the ostponcment on that ground.
Mr. CONNESS. Ibeg the Senators pardon. Those are old arguments; I have heard them many times.
Mr. GRIMES. hy not take a vote on the motion to ost one, and then go on?
Mr. CLMr. Iwill adopt the suggestion of the Senfrom Iowa. Let the vote be taken on the motion to postpone. If the bill is postponedI shall not trouble the Senate; and if it is not, I shall say a few words further.
Mr. EDMUNDS. I hope the Senfrom NewHampshire will allow this bill to lie over. Of course I am as desirous as he is that the end which the billhas in view should be reached, but there is some danger possibly that in regions of the country where martial law has never revailed, injustice may be done under this bil; and I desire to look into it with a view, perhaps, to offer some amendments.
Mr. CLARK. I will cheerfully accede to the request of the Senfrom V Vermont, as I would to that of any other Senator who had not considered the bill as I knew the Senfrom Indiana had abundantly and let the bill of over until tomorrow; and I shall ask the Senate now to go on with the other bill to which I have alluded. The motion to postpone was agreed to. HOUSE BILLS antennas. The followin bills and JtResolutions from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 397) to authorize the coin age of 5 cent pieces to the ComFinance. A “ bill m.R. No. 471) to provide that the Soldiers Individual Memorial” shall be car ried through the mails at the usual rate of printed mutter to the ComPostOffices. Abill ((H.R.No. 472) for therelief of georgc
Mr. Fran, late captain 33rd regiment Wisconsin volunteer infantry to the ComMilAffrs . A JtResolution (H.R.No. 88) expressive of the thanks of Congress to Major General Winfield S. Hancock to the ComMilAffrs . A omt resolution (H.R.No. 107) for the relicflof Rev. Harrison Heermance, late chap lain 128th regiment NewYork volunteers to the ComMilAffrs . A JtResolution (H.R.No. 108) appoint in managers for the National Asylum for Disab ed.Volunteer Soldiers to the ComMilAffrs . A bill (H.R.No. 249) to establish a land office in the Territory of Idaho to the comPubLands. QUALIFICATION OF JURORS. On motion of
Mr. CLARK, the Senate, asiu ComWhole, resumed the consideration of the bill (S.No.34) in relation to the qualification of jurors and to writs of error in certain cases, the pendin g question being on the amendment reported by the ComJudiciary to strike out all after the enacting clause of the bill, and in lieu of the words stricken out to insert the followmg: That noperson shall be disqualified to notupon any grand or petit jury by reason of having formed or exresse dan opinion upon the matter or cause to be submitted to such jury, founded upon public rumor. statementsin public journals, or common notoriety provided he bu otherwise competent and it aha appear to the satisfactionof c eourt.upon his dec laration under oath or otherwise. that he can and will. notwithstanding such an o inion. act impartially and fairly upon the mattersto e submitted to him. Sac. 2. Abife:.That any question oflaw arising upon tbetrial of any personin any district or circuit court of the U.S., or in the supreme court of the DistCol, for any ofllgnse, the punishment whereof maybe death, may beremovedto the SCOTUS by writ of error, to besuedout within 60 days after the entry of the final judgment in such case in the courts below; and thercu on proceedings shall be stued in said courts, and the questions of law heard an determinedin said SCOTUS, and such order sent to the court below. nfirm in: or reversing the judgment, as the determination of such questionsof law may require.
Mr. SAULSBURY. Mr. President, this is a very important bill. perhaps it maybe a properbill; I am not prepare now to ise uss its merits. I have simply heard it read, and it strikes me that it requires thought, and it requires consideration. I do not think that a bil of such importance ought to be pressed to a vote now. It is true, I suppose, that it has been upon our files; but everybody knows that bills are under the conSideration of certain committees to be examined and reported upon and Senators not upon those committees are not presumed to examine them very closely, and the 1st time they look into them is when they are read in the Senate. I see very clearly what is intended by this bill. It opens 11 a vast field of discussion by members of the bar of this country. You are changing the rules of law and the rules of evidence as applicable to your courts, and that change is grounded upon the change of circumstances in which we are placed. I have found in my brief experience at the bar that almost every change made in the old Ereglish system has been for the worse. Your m cm American improvements in my judgment have added nothingto the system of legal urisprudenee. Now, sir, in the words oft is ill asl heard it read there, is couched a meaning on able of erversion which may destroy the ol laudmar s of the law, and in my judg onent it requires more deliberation than has been given to it. But, sir, I do not su cse anything thatI can say in this body wilFhave any effect. We are in revolutionary times; we are revolutionizing the law. I see that my friends on the other side smile at this. It rather brings thoughts of sadness to my heart than anything which should cause a smile. I ask you to pause, and if you will not leave anything else, leave the principles of the law to stand unimpaired.
Mr. HENDRICKS. I wish to ask the Senfrom NewHampshire whether the 2nd section is not rendered unnecessary by the passage of the judiciary bill. I think that in the judiciary bill which has passed the Senate we sufficiently provide for appeals and writs of error in criminal cases.
Mr. CLARK. That has not become a law yet.
Mr. HENDRICKS. But if it should, itwould be unfortunate that at the same session of congress we should have made differentprovisions on that subject; but if the Senator thinks it desirable to pass the section I have noobjection.
Mr. CLA K. I do not know whether the Senfrom Delaware made a motion to post pone; I did not understand him to do so.
Mr. CLARK. The bill was before the Senate some month ago or more and at the request of the Senfrom Keutuc y, was postponed to give time for further consideration.
Mr. HARRIS. I should like to havea little further time to look into this bill.
Mr. JOHNSON. If the honorable member from NewYork desires a postponement, I should for one be for granting it; but I thought he was in the committee at the time the bill was decided u on.
Mr. JOHNSON. But you wish time now to consider it further.
Mr. HARRIS. I have entirely lost sight of it, and should like to look into it again.
Mr. CLARK. Then I movethat the bill be postponed until tomorrow, and I give notice that I shall call it up at the earliest occasion after the Senfrom NewYork shall have had time to look into it. The motion to postpone was agreed to. ENROLLED BILLS
Skip Skip A message from the HoRep, by Mr. LLOYD its ChiefClerk announced that the Speaker of the HoRep had signed the followed enrolled bills and JtResolution; which thereupon received the signature of The President protempo" of the Senate: A bill (H.R.No. 304) for the relief of the estate of E. W. Eddy; A bill (H.R.No. 207 to amend an act entitled “An act to provide Ways&Means to support the Government, ” approved March a 1865; A JtResolution (H.R.No. 105) ving construction to the law in relation to the oun ties payable to soldiers discharged for wounds; A bill (H.R.No. 223) to amend “Anact to incorporate the Mutual Fire Insurance company of the DistCol;" A bill H.R.No. 860) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes; and A bill (H. It. No. 364) to confirm unto Augustin Amiot, his legal assigns and representatives, a certain lot of round in the city of StLouis, in the State of issouri. HEALTH CONGRESS AT CONSTANTINE PLE.
Mr. WILSON. I move to take up Senate JtResolution No. 55, to provide for the representation of the U.S. at the Intelrnational Health Congress at Constanti no e.
Mr. SUMNER. I hope the Senate will not proceed with that at present. I would remind the Senate that some weeks ago the President sent a message to Congress on that very subject, covering a considerable correspondence; among others, letters between the French minister and the SecyState, and the SecyState and the Surgeon General of the U.S. The message and all the accompanying documents were referred to the ComForRel. That committee has had.the subject under consideration twice and has not yet reached any conclusion. There are some reasons why the U.S. should be represented but there are reasons wh we should not take the respon sibility and undergo the expense of such representation. But, sir, while the subject on the reference of the message of the President was under consideration by the ComForRel it comes betbre the Military Committee. The Military Committee has only an indirect connection with the subject. It is in the very title of the resolution international in its character, and as I have already said, the President, when he introduced the subject to our attention, treated it as aquestion in our international relations. Itink, therefore, that I do not go too far if I ask that the Senate shall wait at least a little longer for the report of the committee to which the message of the President was referred.
Mr. WILSON. I have no objection towaiting; but I will state to the Senate that this resolution is reported on the written recommendation of the Surgeon General of the Army in a letter sent to the ComMilAffrs proposing to detail 2 Army sur cons to go to Europe to examine into this so ject an an gestin that it would cost $2,000 an should e pai out of the appropriation for medical and hospital supplies for the Army. The SecyWar approves the proposition. I sent my clerk to him and he suggested a simple change; he thought $2,000 would hardly be enough to do it. I do not know when the proposed Health Congress meets. I have the letter of the Surgeon General making the suggestion that authority be given to detail 2 surgeons of the Army of the U.S and several eminent surgeons of the Army have made the same recommendation. I am willin to withdraw my motion, however.
Mr. SUMNER. There was onequestion which came up in the Committee on 1oreign Relations; it was whether, if it was deemed advisable that the U.S. should be represented there, it should be exclusively by Army surgeons. On that the committee reached no conclusion; but there was a disposition in the committee, I think, to have a mixed commission, if I may so express myself, that is, that there should be one or 2 Army surgeons and perhaps one or 2 from civil life; but on that the committee reached no conclusion, nor did the committee reach any conclusion on the general question whether u on.the whole it was expedient that the U.S. should be Represented there. I had conversation myself with some of the gentlemen of our Administration most interested in this question from their position, and I found great diversity of opinion. I shall not undertake now to quote names, but I may say that those of the most authority, if I could quote their names, in personal conversation with me have expressed different opinions on this subject; The Senfrom Iowa [Mr. GRHES] asks me if this congress is in session. The last news from Europe is that it has adjourned, and whether it will meet again I do not know. General Barnes told me the night before last that his latest intelligence from Constantine ple was that the commission had adjourned. he thought sine die. I am inclined to think, however, that it is not sine die, but that its meetings will be renewed. I am led to that conclusion from the fiict that the conference is under the auspices of the French Government; I believe that the Emperor takes a very great interest in it, and he does not easily abandon his plans. I am therefore disposed to think that we shall hear of it again very soon or in some other form, but that will properly enter into the consideration of the question when the committee take it up again.
Mr. WILSON. I withdraw the motion to take up the JtResolution after what has been stated.
The President protempera. The motion is withdraWn. BECONMITMENT OF A BILL.
Mr. WILSON. I move to recommit Senate bill No.111, to provide for the national defense by establishing a uniform militia and organizing an active volunteer militia force throughout the U.S. The motion was agreed to. USE OF HALL FOR LECTURES.
Mr. CLARK. I move to reconsider the vote by which the Senate yesterday adopted a resolution granting the use of the Hall on the 17th instant to Mrs. Walling for the purpose of delivering a lecture.
The President protempore. The motion will be entered. CONTRACTORS FOB VESSEL! and MACHINERY.
Mr. NYE. It will be recollected by some of the Senators present that on the 9th day of March, 1865, Fhad the honor to present the gollowing resolution, which was adopted by the eiiate: "Reoolced. That the SecyNavy be requested to organise a board, of not less than 3 competentpersons, whoseduty it shall be to inquire into and determine how muchthe vessels of wnrand steam machinery contractedfor by the Dept in the years 1862and 1863cost the contractors over and abovethe contractprice and allowance for extra worlt, and report the saine to the Senate at its next session. None but those that have given satisfaction to the Dept to heconsidered." As this is a very important bill and appropriates considerable money, and as the report made by the board is embodied in the report which the ComNavAffrs had the honor to submit in connection with this bill, I ask that the report of the committee be read for the information of the Senate.
Mr. JOHNSON. Do they state what was the cause of the difference in the statements?
Mr. GRIMES. Every man made out his own statement. One man would put into it 10%. as a claim for the use of his tools; another would charge us with the tools. Before I get through I will read an analysis made by the chief of one of the bureaus of the Navy Dept in order that the Senate may see how these claims are gotten up. 14 days before the contract was made with the flfitna Works for the building of the engines of the Peoria, for the building of which the contractors are to be allowed $01, 752 51, a contract was made with the Atlantic Works at Boston for building the engines of the Sas sacus and the Ose eola. It will be observed by a reference to the table that this board, while they have allowed to the Etna Works for building their engines $61, 762 51, and have allowed to the Portland Locomotive Company $40, 433 TBforbnildingengines preciselysimilar the Atlantic Works of Boston have only claime and been allowed the sum of $20, 518 78.
Mr. JOHNSON. Was the contract price the same?
Mr. GRIMES. The contract rice in each case was $82,000. I hold in my and a table showing the contract price of each engine built by the Navy Dept within the last 5 years, and the contract price for each one of the bulls, and l have also a statement showing the extras that have already been paid to the various contractors for halls and engines; and I suspect the Senate will be somewhat astonished when I tell them that the extras that have already been paid under the authority of congress amount to $6, 606, 772 39.
Mr. CONNESS. My information from the Dept was, that the ship had been built in many respects, particularly her boilers, of iron not fit to be put into boilers, material not fit to be used; and the Dept defended itself by stating that it had again and again requested Congress to give it authority to enlarge and extend its works, so that it might construct such machinery in a substantial manner and as it should be done, but Congress had utterly failed and refused to do that, and they were compelled from time to time to make the best contracts they could, and that it was impossible, in the hands of contractors, to exercise such an inspection over thematerial to be used as to avoid cases like that of the wateree. The contractors in that case having used mate rial which was not fit to be used, are not only not entitled, asI think, on the face of the case, to any additional compensation, but it ought properly to subject them to damages to the Government.
Mr. CONNESS. 35,000 dollars. I think, for the building of that ship.
Mr. CONNESS. The Senfrom Iowa says $34, 100. I call attention to that case particularly, and am unwilling that the case oi the Comanche, which furnishes an instance of absolute debt by the Government to the contractors, shall be damaged by utting it in connection with a case like that oizthe Wateree. Besides, I think it is a parent that there is such a combination of claims here as will make it quite impossible for Congress ever to accept the bill in this form, and therefore it is on absolute injury to the contractors, who ought to be paid, and whom the (l government should remunerate. I hope the course will be taken of putting each case upon its merits, and payin those who ought to be paid and who are entitled to additional comensntion.
Mr. HENDRICKS. I believe the board sum moned some. I do not know that the report shows how they were summoned. They came before the board. I do not think the report shows who summoned them. The Senfrom Iowa says that there are other claims that will be presented if these are allowed, and that, taking the entire cost of the Navy as we now have it, the whole claim at the same%. will be about 12 million dollars. [hat is plausible, but yet there is no force in the statement of the Senator. This report is upon the work that was contracted for in the years 1862 and 1863. The builders of ships prior to 1862 cannot claim anything, because there was no rise up to 1862.
Mr. GRIMES. The Senator will allow me to make a statement, which I think he will concur in. A very large proportion of the contractors who made contracts with the Government in 1862 and 1863 did not appear before this board, and they are now constantl impor tuningtobe permitted to come in; amid think the Senator as in his pocket, or in his desk, the claims of one or 2 of those persons not included in this bill, and there are still more behind.
Mr. HENDRICKS. Yes, sir; hereisaclaim from a Cincinnati house that built some vessels on the Ohio river. It is the only one that I have. That was not presented for the reason that the building of the ships was not completed in time to enable the parties to presentit to the board. The same is true, as I understand, of the claim from Boston of McKay d5 Co. I do not recollect the name of the house for some other work that was done. Now, there are 2 claims before the Senate that are not included in this bill and this report; and only 2 claims so far as I know; one for work done in Cincinnati, the other for work done at Boston. They are not included in this bill for the reason that the have not been adjudicated by the board. "he bill rests on the adjudication of the board. The committee have not undertaken to investigate claims outside of those which were before the board. But, Mr. President, I was going on to say that the statement of the Senator was plausible, but it has no foundation in fact. Work that was done before 1862 cost no more than the parties expected; because up to that time there was no material advance in the price of labor or in the cost of materials. Work that was contracted for after 1863 will not cost the government any more than the contract price, for the reason that at the close of 18133and the commencement of 1864 labor and materials. had gone up to about the maximum, so that parties who made contracts in 1864 were not eceiVed by any increase of price after that time.
Mr. GRIMES. Will the Senator permit me to interru t him? On the last page of the report in this case there is a statement of Mr. George W. Quintard, of the Morgan Iron Works, NewYork, relative to the cost of iron and metals and labor. In the table which he furnishes it is stated that in February, 1863, bar iron, American iron, refined, was worth 95 cents; and from that to July, $1; in August and September, 95 cents; in October, $1; in November, $1 05; and in December, $1 10. Then in 1864, in January, it was worth $1 30; in February, S1 40; in March, $1 40; in April, $1 45; in May, $1 60; in June, $1 65; in July, $2 20; in August, $2 20; in September $210; in October, $1 90; in November, $1 90, and in December, $1 80. I believe that there is about a coglresponding increase all the way through that ta e.
Mr. HENDRICKS. That is for the year 1864. Iron went up very considerably in the year 1864.
Mr. HENDRICKS. But my point is that the contracts that were made during the year Were they summoned by 1864 were made with a view to the high prices that the articles required in the construction of ships had then attained.
Mr. GRIMES. So far from that being the case with a contract made according to the Sea ators own statement in the spring of 1804, the rices of labor and materials advanced more during that year than they did at an time in 1862 or 1863. Look at the price paid or labor; take the finishers. You find that in January 1864, finishers got 24 cents an hour, in Febru ary 25 cents, in March 26 cents, in April 27 cents, in May 28 cents, and so on until from July to the end of the year they got 30 cents an hour. There was an increase of a very considerable%s e. The Senate will observe that the case is the same throughout that year in all the articles in the table, so that I think it follows pretty conclusively that those gentlemen, if they present claims, will have quite as strong a ground to base them upon as those who present claims for 1863.
Mr. HENDRICKS. The point I make is just this, in replyto the position of the Senator: that the contracts that were made in 1862 and 1863 were made before the very great increase in prices, and therefore the parties were placed very differently from parties who made contracts in 1864 when the prices were then advancing or had attained to the maximum. The Senate will observe that the wages of finishers advanced from January, 1802, to January, 1864, from 15 cents to 24 cents perhour, and during the year 1804 they advanced 6 more cents. I suppose that is the average of increase. The point is that these contracts being made in 1862 and 1863, the prices continued to advance during all the time that these parties were building the vessels and constructing the machinery for them, so that they were overtaken by this enormously high rate of prices and destroyed. But as a matter of fact, in addition to the matter we have before the Senate now, there are just 2 other cases, those of McKay at Boston and the Greenwood establishment in the city of Cincinnati. What the merits of those 2 cases may prove to be, I do not know; the committee has not yet examined them. I presume they have some claim, but to what extent I am unable to say to the Senate; but the Senfrom Iowa I think is not authorized in saying that there will he claims beyond those that have been presented to the Senate. I do not know of any others than these two.
Mr. GRIMES. I simply say that I was so informed by the Navy Dept, who furnished me this table that I have here, showing the number of claims that would probably come in.
Mr. GRIMES. No, sir. I have several tables here, showing all the contracts that were made during 1804 and 1865.
Mr. NYE. Is there any other to be presented that you know of?
Mr. GRIMES. None actually here, but I have been talked to by a cat many persons.
Mr. HENDRICKS. be next objection made by the Senfrom Iowa, the chairman of the committee, is that there is great in equality in the claims that are presented, and he cites 2 cases, the cases of the Wyallusing and the Peoria, as specimens. I call the attention of the Senate to the facts in these 2 cases. The Peoria will be found on page 26 of the report of the board, and we shall see how it came that the machinery for the Peoria cost the contractors so much. "A poured before the board John Roach, proprietor of the [Etna Iron Works and contractor for the enginesand boilers of the double ond uunboat Pe oria. Under oath states that the contract for this vessel was dated by the Navy Dept October 29 1862 complete. in which he was allowed 7 months to themachinery and boilers, and deliver the vesselto the Government; but she wasnot so 00m pleted pud delivered until on or about May 7. 1865. an act of Congress: that the total cost.including bill of 82.2314!5for extra work paid in full by the government. was $146, 77780; contract price paid him was 834.23945.leaving a balance. excess of cost to him over and above contract price.arse this excessof costis mainly due to the Gr of the engines than was anticipated byhim when the contract was enteredinto. the great advancein priceof material and labor and the work beingofa better class than is generally understoodto be required for these engines; that there is no changein the bill (an noxed to this record. marked No. 28)for any extra work unpaid. conilcmned material, or fault work manship and it shows the actual cost of In or and material." This house, in building this machinery, unfortunately used defective iron.
Mr. HENDRICKS. They say, and thatis the report of the board, that it was not discovered until the machinery was constructed, or in part constructed; then it was found tobe defective and was condemned, and they were compelled to build the machinery agaip, so that they were not only the losers of the iron, but losers also by the delay. Now, turn to the case of the Wyalusmg, where the loss is claimed to be but about 5,000 dollars; it is on page 24: The main cause of delay in completing these vessels" The Wyalusmg, the Pilgrim, and the mingoe “within the time specified was owing to the great scarcity oflabor required for the manufacture of the important parts of the machinery and the conscription for a time. of the men employedby us. That there wasno reservation of the sum to be paid them on these contractson account of the delay in completing their work; that the causeof thisexecss of costwas not owing to therise in material. we having purchased the sameat the time of makinzthe contracts; but wasdue to an error in Judgment on our part. The 2 cases that the Senator selects among the machinery for the wooden double enders are the Peoria and the Wyalusing. In the case of the Wyalusing the loss was very small because of the fact that the parties were able to buy their material when there was no increase in the cost; they did not suffer by that. But the Peoria was the very oppositc; unfortunately selecting defective iron, they had to rebuild a portion of their machinery, and did that at a time when iron cost double what it did when the contract was made.
Mr. GRIMES. If we take the statement that comes from the Navy Dept as true, so far from that being the fact, it appears that Pusey, Jones & (10., who built the 2 small vessels, the Wyalusing and the Mingoc, were poor contractors, had less facilities for transacting business than any others, and less means for buyin the iron than almost any other con. cern, whi e the Peorias machinery was built by the [Etna Works, a rich corporation in Bos ton. The [Etna Works bought poor iron. That is the whole sum and substance of it according to their own showing. Knowing that the Dept never used another except the very est quality ofiron, on would accept nothing except the very best quality of workmanship, their workmanship and iron were not accepted, and now, because in the mean time they were compelled to get new iron and to do the work over again, they want us to pay the dama e.
Mr. HENDRICKS. Mr. President, I am answering the point made by the Senator that here are 2 vessels, the Mingoe and the Wy aliising, the contractors for which claim but about $5,000 damages while the Peoria contractors claim 561,000 damages. I am accounting for that upon the facts stated in this report. I do not know what information the Senator has from the Navy Dept.
Mr. GRIMES. I have read it. The Senfrom Indiana has an opportunity to see it.
Mr. HENDRICKS. that document does not establish, as I recollect it, the proposition that the one company was able to bu iron and the other was not. Pusey, Jones Co. had their iron on hand, or bought it immediately after the contract was made, and therefore in the building of the machinery for their 2 vessels there was no increase in the cost of the material. But in the other case there was a very large increase in the cost of material. Now, sir, it is due to the Senate to state this fact: here are 20 2 claims made by respectable business men for building machinery very similar in character. The average claim for damages and losses is from about $20,000 to $40,000, one case going up to $61,000 on account of the cculiar circumstances which I have stated. one of these claims is less than $20000.
Mr. HENDRICKS. None of these are less than $20000 except the 2 that I have mentioned, the Mingoe and Wyalusing; this is because of the increased cost of material. That is all I have got to say upon that subject. The Senator says that extra work has been aid for already to the amount of 6 millions. Iwant to know ifethe Senator says there has been extra work paid for to these contractors that are provided for in this bill amounting to 6 millions.
Mr. GRIMES. I mean to say that there have been paid upon contracts, to the contract ors upon some of these vessels and upon other contracts, $6,000,000. Outside of this bill. Then what do you
Mr. GRIMES. During the war. I mean to say this: that the Navy Dept have paid to every one of these contractors extra compensation for what the supposed to be extra work and changes me e in consequence of the directions of the Dept.
Mr. HENDRICKS. Now, we will come right to that. The Na Dept directed changes in the style of the work, increased the size, or increased the material. The Navy Dept has paid just for that additional work.
Mr. HENDRICKS. But the Navy Dept has not allowed them for the delay which that increased work has caused. There is no pretense that the Navy Dept has allowed to these contractors anything because of the loss occasioned by the delay in the completion of the work. I will come to that subject again directly, and show what has been the effect of this delay and how it was caused. I have very little to say about that exparts statement made by one of the bureaus in the Navy Dept. As I heard it read, and as I compared it with the proceedings of the board, I did not think it a fair statement of the case. The SecyNavy has not himself signed that document. He sends it to the ComNavAffrs with a letter stating that it is a statement made up in 2 of the bureaus of the Dept. He does not indorse it himself by his own signa ture to it, as I recollect, and I am free to say that I do not think it a fair statement of the case. For instance, in that report reference is made to the vessel Ti pecanoe, and a claim that is presented to the Dept for losses sustained in the construction of the Tippecanoe, and reference is made to the buying of a bu gy, to a drive to Washington, and a trip to NewYork. I hear these items brought into that statement from the Navy Dept. The Tippecanoe vessel has nothing to do with this bill. The Ti. ecanoe was not presented to the board at a The board never adjudicated upon the Tippecanoe.
Mr. GRIMES. The Senator a few minutes ago contradicted the statement I made as to the capacity of Puse. Jones & Co. of Wilmington.
Mr. HENDR CKS. I did not contradict it; I do not recollect.
Mr. GRIMES. This statement from the Dept says: "The contractorsfor the machinery of the Wyuln sing and Min 00. Messrs.Pusey. Jones dz Co. only claim a loss of 85.81738on eachvessel, though their facilities for executing this work are much less than those of all the other iarties; and they distinctly state.on page 24, that I is excessdid not arise from he principal causesoi this delay in delivery were in procuring material. labor and tools necessaryto carry on the work the poor quality of the iron to be usedin boilers another parts of the ship. be being unable. until working said iron. to discover the de fects: then following the delay of condemning the sIkaeme.&c.; that ho was relieved from the terms of contract, so far as reiards time of completion, by any increase in the price of material. as they purchasedthat when they made the centres "
Mr. HENDRICKS. When Iquestioned what the Senator said I understood iim to say that the report from the Navy Dept stated the fact that this firm at Wilmington was less able to buy material than the other riii.
Mr. HENDRICKS. It says they had less facihties for the execution of the work.
Mr. GRIMES. I suppose the ability to execute their contract embraces the facility to get money with which to buy materials in order to, execute it. I
###HOUSE OF REPRESENTATIVES. wEDNESDAY, April 11, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. CIVIL RIGHTS BILL.
Mr. HOLMES, by unanimous consent, presented a communication transmitting a resolution of the Assembly of the State of NewYork, which was read, as follows: STATEor NewYorknx, IN Assmmnv. ALBANY, April 9. 1866. The following day duly preamble and resolution were this paws: whercas, in the judgment of this House, the “civil rights bill should becomea law: Therefore Resolved, That the action thereonby our Senators in Congress, on the 6th instant, is approved, and our Representatives in Congressare respectfully but car nostly requested to vote for said bill, notwithstanding the veto of the President. a nil A bl By “in O mm.I.B.CUSHMAN.Clerk. The resolution was laid on the table, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FonNEY its Secretary, announced that the Senate had passed bills of the following titles, in which the concurrence of the House was requested: An act (S.No.259, to authorize the SecyWar to settle he claims of the State of Kansas for services of the militia called out by the Governor of that State upon the requisition of Major GenlCurtis, the commander of the U.S. forces in that State; and An act (S.No.156) making an additional grant of lands to the State of Minnesota, in alternate sections, to aid in the construction of a railroad in said State. PERSONAL EXPLANATION. Mr. WARNER. I ask unanimous consent to make a personal explanation.
The SPEAKER. Is there objection to the Gentfrom Connecticut making apersonal explanation? There was no objection.
Mr. WARNER. In reference to my absence on the vote upon the civil rights bill, I desire to say that it was my understanding that I was paired with Mr. Jonsson. I see, however, that he was announced as being absent on account of sickness. Had I been present, and had I understood that I was not regarded as bein aired, I should most cheerfully have vote lldr the passage of that bill. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported thatthe committee had examined and found truly enrolled bills of the following titles; which were thereupon signed by the S caker: An not (H. No. 360) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes; An act (H.R.No. 228) to amend an act to incorporate the Mutual Fire Insurance company of the DistCol; and An act (H.R.No. 364) to confirm unto Au gustin Amiot, his legal assigns and representatives, ii. certain lot of ground in the city of StLouis, in the State of Missouri. REGISTRY OF VESSELS.
Mr. ELIOT. I ask unanimous consent to report from the ComCommerce a hi i (S.No.89) entitled “An act to issue American registers to the steam vessels Michigan, Disetch, and William K. Muir.”
Mr. CHANLER. I desire to ask whether these vessels are exceptions to the class excluded
Mr. ELIOT. They are lake steamers, the peseut owners of which cannot use them since the repeal of the reciprocity treaty without American reglisters. Theyare excetionalcases.
Mr. CHA LER. What I wish to inquire is, whether they were at any time excluded under the law excludin vessels which sheltered themselves under the ritish flag.
Mr. ELIOT. No, sir: There being no objection, Mr. ELIOT reported from the ComCommerce a bill (S.No.81) entitled “An act to issue American registers to the steam vessels Michigan, Dispatch, and William Muir.” The bill, which was read, provides that the SecyTreasury be directed to issue American registers to the Canadian builtsteamers Michigan and Dispatch, and the American built steamer William K. Muir of the collection district of Detroit.
The Clerk read the amendment of the comnfittee, as follows: Add to the bill: and American registers or enrollment and license to the following named vessels, that is to say. to the sloo Jenny Lind of Wolf Island. of Oswcgo.New Yor; the schoonersce oquette, of Oakville, Irenton, of Trenton; Forest Queen, lwoBroticrs, of allace burg. Minnettn. of gananoque, and Elizabeth, of Os wego. NewYork; the har ue St.ElizabethofProvmee town, Massachusetts;the arquesAdva nceandAcorn, and schooner Asia, of Chicago, Illinois; the barges Harvest. Ajax, and Matilda, of Chicago, IllI noi s;the steamer Prince Albert. of Georgetown, DistCol the brig Maitland. propeller Niagara, and steamboat Canadian, of Buffnlo, NewYork: the schooner E Rycrse, of Cleveland, Ohio; the schoon erEureka, of Mnriaretta, 0hio; lhe hrigantine City of Toronto, of Erie, Pennsylvania; and the schooner Wavertree, of Cleveland, Ohio.
Skip Skip The bill, as amended, was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. ELIOT moved to amend the title of the bill by adding the words “and for other purposes.” The amendment was agreed to. Mr. ELIOT mtRtv the bill was passed; upon the table. Agreed to. ADVERSE REPORTS.
Mr. WASHBURN, of Indiana, from the ComClaims, made adverse reports in the following cases; which were laid upon the table: The petition of James S. purdy, for indem nity for losses of property in Virginia by U.S. troo 5. Petition of I and C. C. Gerhard, of Hen rico county, Virginia, for indemnity for property destroyed by Federal troops. Petition of George S. Cox, of Alexandria, Virginia, for indemnity for losses by the war. IMMIGRATION.
Mr. WASHBURNE, of Illinois, by unanimous consent, from the ComCommerce, reported a bill to amend an act entitled “An act to encourage immigration, ” approved July 4, 1864, and an not entitled “An act to regulate the carriage of passengers in steam ships, and other vessels, ” approved March 3, 186 5; which were read a 1st and 2nd time, and with the accompanying report ordered to be printed and recommitted, with the understanding that they should not be brought back by a motion to reconsider. BALTIMORE and POTOMAC RAILROAD.
Mr. McCULLOUGH, from the ComDistCol, reported back House bill No. 388, to authorize the extension construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the DistCol; and moved that it be printed and recommitted. The motion was agreed to.
Mr. WASHBURNE, of Illinois, mtRtv the bill was recommitted; upon the table.
Mr. McCULLOUGH. I hope that motion will not be agreed to.
Mr. WASHBURNE, of Illinois. I with draw the motion to lay upon the table in order to state my reason for making the motion to reconsider and lay upon the tab of in all of those cases. It is in order that the reulnr order of business may not be interfere With at any time by bringing up bills referred to committees. I do not think this bill has any right to be left in a position where the gentleman can bring it up at any time to the exclusion of other business. I renew the potion to lay upon the table.
Mr. McCULLOUGH, by unanimous consent, withdrew the bill for the present. LIEUTENANT EDWARD KUNCKEL.
Mr. SCHENCK. I mOVe that the ComMilAffrs be discharged from the further consideration of the papers of Lieutenant Edward Kunckel, as the case has been provided for in the general law; and that leave be granted for their withdrawal from the files of the House. It was ordered accordingly. DEFENSE OF MONTANA.
Mr. SMITH, by unanimous consent, submitted the followin resolution; wluch was read, considered, an agreed to: Resolved, That the committee on the Militiabe and are hereby, instructed to inquire into the proprietg offurnishing citizens of Montana with fire arms an ammunition for immediate defense against the hostile Indians of said Territory, and report by bill or othervnse. ADVERSE REPORTS.
Skip Skip Mr. WASHBURN, of Massachusetts, from the ComClaims, submitted adverse reports on the following cases; which were laid upon the table: Petition of Dr. E. W. Lewis and others. Petition of citizens of Cass county, Missouri, for relief. Petition of Colonel H. W. Cleveland. Petition of Captain D. H. Buell. Petition of William B. Merrill. Petition of J. H. Tompkins. Petition of representatives of Edward King. Claim of David Elliott for property destroyed by military authorit. Petition of Susan Perry, widow of Charles M. Perry, deceased. Petition of citizens of Paducah county for compensation to Dr. J. Milton Best for property destroyed by the U.S. officer s commanding at that place. Petition of EdwardNaret, of WestVirginia, for relief. Memorial of Joseph B. Eaton for settlement of claim for materials furnished for mounted volunteers under GenlFremont in California. Petition of Rev. B. Fuller for return of taxes. Mr. DELANO, from the ComClaims, by unanimous consent, made adverse to orts in the following cases; which were laid on the table: Petition of Peter Acker. Petition of Franklin Ball. Petition of Anne C. Carroll. Petition of Maria P. Fitghugh. Petition of county commissioners ofTred erick county. Maryland. Petition of House V. Conover. Petition of Captain D. E. Haynes. Petition of Henry Krug. y Petition of John P. Hex. Petition of Columbus S. Lancaster. Petition of Mary P. Mullen. Petition of George T. Rider. Petition of Major F. A. Savoyier. Petition of George Reynolds. Petition of Pardon Worsley. Petition of Colonel William Gates. Petition of James F. Johnson. Petition of Mrs. Mary Ann Shoemaker. Petition of mayor and city council of Baltimore. Petition of E. A. Dayton, Petition of Richard M. Robinson. Petition of James M. Cassity. LAND OFFICE IN IDAHO.
Mr. DRIGGS, from the ComPubLands, by unanimous consent, reported a bill (H.R. 249) to establish a land othee in the Territory of Idaho. The bill was read; also the recommendation of the ComrGLO.
Skip Skip The bill was orderengross and read a 3rd time.
Mr. CHANLER. I do not understand this very clearly. Is this am appropriation bill?
Mr. DRIGGS. It is not. t simply establishes a land office in the usual way, in accordance with the recommendation of the Commissioner.
The SPEAKER. There is no appropriation in the bill. The bill was read the 3rd time and passed. PAY OF THE ARMY.
Mr. SCHENCK, from the ComMilAffrs, reported an amendment in the nature of a substitute to House bill No. 450, to regulate the pay of the Army, and asked that a ay be assigned for its consideration, say tomorrow week.
Mr. WASHBURNE, of Illinois. I hope the entle man will postpone it to a.later day. It is one of the most important subjects that can come before the House, and it requires much examination. It is chaning the whole system of payment, and I rope it will not be assigned to so earl a day.
Mr. SCHENClx. Say today 2 weeks, after the morning hour, and from day today until disposed of. No objection being made, it was so ordered. ADvsRsn nsronrs.
Mr. THORNTON from the ComClaims, by unanimous consent, made adverse reports on the following cases 5which were laid on the table: Petition of Harrison Gill. Petition of W. E. Bolls, administrator of John A. Stevens. Petition of James Nokes. Petition of communicants of Payne chapel, efricatimethodist Epise opal church, atAtlanto, eor ia Petgitidn of Elias J. Penduck. Petition of John E. Williamson. Petition of William Mercer. Petition of Major James S. Simpson. Petition of Robert Granger. Petition of Mrs. Charlotte E. Read. WILLIAM MERCER.
Mr. BUNDY, by unanimous consent, submitted the followm resolution; which was read, considered, an agreed to: Whereas William Mcrce Mr. of the county of Ross and State of Ohio. did furnish the fOllOWlDsKonsand grandsonfor the Army of the U.S. during the rebellion. to wit: JamesM. Mercer. John P MerceriThomas J. Mercer, i illiam Mr. Mercer, Jo seph T. Mercer. Henry T. Mercer, and George W. Mercer. sons; and Bentley Mercer. grandsonof the said William Mercer. some of whom were mine rs and were killed or diedin the service, and upon such deceased mine r sons the said William Mercer and Wife depended for a living; and whereas the said WWiiltlhiaomut tMheercer and his Wifeareagedand infirm and necessarymeansto support themin their old age and want: lliercfore, Be it "solved, That the ComInvalidPens be requestedtoinquire into the proprictyof placing the nameof the said William Mercer on the list of invalid pensroners; and that they report by bill or otherWise. NATIONAL BANKS.R. DAWES, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Remloed, That the ComJudiciary be directed to in uiro whetherany legislation benecessaryto inakos art sinnational bankshable toattach menand lC VK and execution under State laws for the mymentoft e debtsof the owner, and to report by ill or otherwise. PAY TO RETURNED PRISONERS.
Mr. ECKLEY, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Renolved, That the ComMilAffrs inquire into the expediencyofnllowmg 3 months extra. pay to the returned prisoners who survned the fate of thesteamerSultana, the same as other returned prisonersare allowed. DINNER TO AN EX CONGRESSMAN.
Mr. RICE, of Maine. I ask the unanimous consent of the House to offer the following resolution; moVrhncinrgeapsaptehre: following item has appeared in a “ A DINNERro AN sx cosonsssnan. “NewYork, April 10. the Manhattan Club of tdhinisnceirtynepxrotpMoosnedtoayg.iveMMesrs. rJsa.mSteose kBtroonokasnda ubWlic. Vonrlices are expected to be present.“ Therefore. Renolved. That the chairman of the ComElections of this House, and such othersof that coin mittee as may be invited, begrantedleaveof absence to attend said meetingand dinner. ILra. ughAtRerDjing, of Kentucky. I desire to offer an amendment to that resolution.
Mr. RICE, of Maine. I withdraw the resolution. PERSONAL EXPLANATION.
Mr. INGERSOLL. I ask the unanimous consent of the House to make a personal explanation. No objection was made.
Mr. INGERSOLL. In an editorial article in the Baltimore American on the day following the day on which the last vote was taken on the civil rights bill in the House, I am reported as being among the number of those who made dilatory motions for the purpose of delay and of defeating the bill. this well known in the House that I was very anxious to arrive at a vote on that bill, and, of course, I made no motions for delay. Whatever credit there may be to any person for any delaying motions perhaps belongs to the Gentfrom Wisconsin, [Mr. ELDRIDGE] and a mistake has been made, probably honestly, by inserting my name instead ofhis. Ifany credit be due, it is due to the Gentfrom Wisconsin, who, I remember, made several dila tor motions on that occasion. Iyhope the correspondent of the Baltimore American will do me the justice to have the mistake corrected, and set me right.
The SPEAKER. The Chair will state to the Gentfrom Illinois that he has seen a correction in the American of today.
Mr. INGERSOLL. I am much obliged for the correction. PAYMASTERS OF THE ARMY.
Mr. UPSON, and Mr. HARDING of Illinois, called for the regular order of business.
The SPEAKER. The 1st business in order is the consideration of House bill No. 476, for the relief of paymasters of the Army, which was pending when the morning hour closed on yesterday.
Mr. SCHENCK. I ask that the bill be rea. The bill was read atlength. It provides that there shall be allowed and paid to the paymasters and additional paymasters of the Army, who shall have been employed in the payment of troops during the war of the rebellion. a commission of one quarter of one%. upon all sums actually disbursed by ticm, as a compensation for the risks and labors attending such service; and the amount which may become due to any paymaster or additional aymaster under this act shall be paid to him byany paymaster of the Army, out of moneys which have been or may be appropriated for the pay of the Arm, upon a certificate to be issued to him by tile 2nd Auditor bf the Treasury so soon as the accounts of such paymaster or additional paymaster shall have been examined and adjusted; provided the commission to anyone paymaster shall not exceed at the rate of $1,000 perannum for the time that he was actually in service and employed as a disbursing Officer during the war, from the commencement thereof until the cessation of active hostilities on the 13th day of April, 1805.
Mr. SCHENCK. I move to amend the bill by inserting before the words “ paymasters and additional paymasters, " the words “all persons who have served as, ” so that it will read, “there shall be allowed and paid to all persons who have served as aymasters and additional paymasters, ” dtC. propose this amendment, as otherwise there might be some ambiguity {yllilieh would lead to a mise onstructionof the 1. The amendment was agreed to.
Mr. SPALDING. I move to amend the bill by adding the followmg: Promdrdfurllter. That the proper accounting ofli eers of the Treasury Dept be and they are hereby.authorized and directed, in the settlement of the accountsof the payinastersof the Army for disbursementsmadeby them during therccent rebellion, to allow and credit to such paymustersall chargesin their said accounts for the payments actuallymads by them to the troops in good faith and Without fraudulent practice or intent. The amendment was agreed to.
Mr. SPALDING. I also offer the following amendment: Provider!further. That no such allowance shall be madeuntil the PnyMGen shall be satisfied by full and completeproof that such paments have beenactuallypnid in good faith, and wi out fraudu lent practice and intent. The amendment was agreed to.
Mr. DAVIS. Mr. Speaker, Idesire to learn, before I vote for this bill, why this principle is now presented in this House of increasing the compensation of paymasters. So far as I have any nowledge upon this subject, there has been great anxiety through the country to obtain positions as paymasters, even at the salary or gay which those officern receive under the law. ow, although it may be very agreeable to any gentleman who has performed the duty of paymaster to receive this additional compensation, still I do not see it in the line of my duty, while this country is burdened with indebtedness, to vote increased compensation without, so far as appears, even a so icitation on the part of the persons for whose benefit this bill is introduced, stand without any explanations of the reasons or it. Isuppose, considering the number of paymasters in the Army, that this bill will take at least $1,000,000, perhaps more, from the Treasury. It has been intimated to me that there is appropriety in passing this bill for the reason that in the settlement of accounts of paymasters small errors may have occurred in many instances, and that this would be an equitable mode of adjusting these errors between the Officers and the Government. Sir, if there be any justice in that, let us treat it as a matter of justice; let us say that errors made in good faith without any design of fraud, shall be corrected for the benefit of the officers. But do not let us establish the principle that increased compensation shall be given to every person who has performed services under the Government during this war, when we hardly know now in what way to meet the obligations already existing against the Govern7 meat. It may be right, but so far as Ine w see, I must object to the principle involved in this bill.
Mr. HOTCHKISS. I rise merely to enter my protest against the passage of a measure like this. The office of a paymaster was a volunteer office, men entere into the service knowing what their compensation would be. If incompetent men have sought and obtained these offices, and have lost money by it. they are not worse off than are gentlemen who have sought seats in this House. Paymasters who were competent and who had a right to seek this office made small fortunes out of the office. If we are to guaranty every incompetent officer against the errors and this takes he may make we shall have a large business 0n han. This bill not only gives to the incompetent men indemnity against losses to the extent of $1,000 a year, but in order to make it just and equitable, it gives to competent men who made small fortunes out of their office additional pay for their competency. I concede that, if the incompetent men are to be rewarded, certainly those who are competent and honest should be rewarded. But if all the paymasters and all the quartermasters and every other officer and every contractor who has lost money or been unfortunate during the war is to be indemnified against such losses by taxing the people, all I can say is, that the next Congress will have to provide for us. We certainly shall not be here. The people will not sanction any such legislation as this. They are willing to relieve the soldier, to equalize his bounty, to furnish him bread for the time being till he can secure other employment. The proposition to enrich these ofhcers by adding to the taxation that is already grinding the people so that we hear their outeries from every quarter is a perfect ontra e upon the common sense of this House, and the patriotism and endurance of the people. I shall record my vote against the bill.
Mr. SCHENCK. It is usual to hear in advance from a committee, through its properorgan, 8. statement of the reasons which have induced the reporting of a bill ofapublic character; but I find that on this occasion Iam met at the threshold by gentlemen who desire me to give way for opposition to the billhefore any explanation of its provisions. I have but to say in reply to the Gentfrom NewYork, [Mr. Horcuxrss] that he is mistaken if he supposes that there exists any disosition on the part of, the ComMilAffrs, or perhaps any member of this House, to give to the claims of officers or any other classes of individuals a preference over any general claim that may be urged in behalf of the great body of the soldiers of the country. I trust thatbefore this session of congtess shall terminate, the gentleman will be satisfied that, so far as concerns the committee I represent, they are disposed even to strain a point to do all that may e needful, not only to extend justice to the soldier, but to treat him with liberality. If, however, the committee findin the course of their investigations and in the consideration of subjects referred to them, as this was, that there seems to be propriety and justice in a measure for the relief of any particular class of officers, I trust he will also discover that the committee are not to be deterred from proposing the properremed by any outery that we may in this way bring own upon ourselves popular clamor. qw, sir, what is this bill? The gentleman on my left [Mr. Dsvrs] speaks of it as an unprecedented measure, a proposition which seeks to give relief to a particular class of officers and for which there is no example in any previous legislation of the country.
Mr. DAVIS. I beg leave to say to the gentleman that m criticism was particularly directed against the allowance of a commis 810“.
Mr. SCHENCK. So I understand and I reply that just such an act has been passed after every war that we have ever had. One such act was passed on the 12th of August, 1848, at the close of the Mexican war. It is so briefthat, for the benefit of the Gentfrom NewYork, who has these doubts, I will read the whole of it. It is entitled “An act concerning the ay Dept of the Army.”
Mr. HOTCHITISS. What party was in power when that act was passed?
Mr. SCHENCK. The Congress of the U.S. was in power a party that I trust may continue to be in power until all properan rightful legislation for the peace of the country shall be concluded.
Mr. DEMIN G. Iask the Speaker to call the House to order, as it is impossible for us to hear what is going on. The House was called to order, and the members were requested to leave the aisles where they were conversing and resume their seats.
Mr. HOTCHKISS. Was not that law passed by the same Congress that passed the Galphin claim?
Mr. SCHENCK. I know there were a great many respectable men in that Congress, and very likely I voted for the law which 1 am about to read.
Mr. STEVENS. Let me say that in my judgment there was never an honester claim than that Gal hin claim.
Mr. SplHENCK. Itrust the Gentfrom NewYork is answered. Mr. Speaker, when the gentleman interrupted me I was about to quote the precedents for which the lawyers in this House clamor. This was an not entitled “An act concerning the pay Dept of the Army, ” approved Au nst 12, 1848. It is very short, and I will rea it. It is in these terms: “ That the payMGen be and he is hereby, authorized to allow any of the paymasters of the Army.who shall have beenemployc in the payment of volunteers, during the late war with Mexico, such a commissionnot exceeding 1/2 of 1%. on all sums disbursed hythem asaforesaid as heshall deemureasonablecompensationforthe risk and labor attending such service: Provided, That thosaid commission to anyone paymimtershall not exceed $1,000 per annum from the commencementto the closeof the war." I give the gentleman a precedent directly in point. It shows, in the 1st place, that not only there is a precedent for the bill, but in the next place, that the precedent happens “ to run upon all 4s.” It provides fort is additional compensation int c shape of commissions, with a difference in which the House will, I think, agree. The committee, consider in the subject carefully, doubting whether anything should be done, final] came to the can clusion arule of this sort an shape was proper. The ComMilAffrs was unwilling to go beyond one quarter of 1% and it has accordingly reported one quarter of 1%. instead of 1/2 of 1%, considering the greater sums of money that were disbursed during the whole of this war.
Mr. DAVIS. Of course I see that the precedent is with the gentleman. But I ask whether we had not better err rather in omission than in commission, and refuse to follow that precedent?
Mr. SCHENCK. I understand the gentleman surrenders his 1st positiou, that there was no precedent.
Mr. LEBLOND. I ask my colleague whether he has made a calculation of how much money this bill will draw from the Treasury. How much will the amount provided for in this bill amount to in the aggregate?
Mr. SCHENCK. l have a calculation some where, butI cannot now give the precise figures. Now, sir, in regard to the character of the services performed by the paymasters entitling them to this relief. The Gentfrom NewYork [Mr. Horemnss] speaks of this office of paymaster having been much sought after. God elp the people of this country. I am afraid there is very little in the shape of an office that is not sought after; but at the time these Gentlemen asked to be made paymasters many of them did not know what burdens they were taking upon themselves, and I think that urgent solicitations for offices of this kind toward the close of the war were nothing like as frequent as at the beginning. I recollect the instance of one gentleman who was appointed a paymaster at my request and on my recommendation. He held the office precisely till 8 days after he was ordered to duty. Seeing what it would probabl involve him in he romptly resigned the O cc and never paid a dollar. At 1st a few officers undertook to do that of which in its general character we had no very great experience. There was confusion, there was difficulty, there was want. of form, there was want of exactness.
Mr. BEAMAN. Let me ask a question. What is the compensation of paymasters now under the law?
Mr. SMITH. I wish to inquire of the chair man of the committee if this bill makes any discrimination in regard to aymasters. If it does not I propose to amend) it by inserting in line 7, after the word “them, ” the words “to troops actually serving in the field, ” so that the provision will read as follows: That there shall be allowed and paid to the paymastersand additional paymitsii rsoftho Army. who shall have been employed in the payment of troops during the war of the rebellion, a commissionof one quartz rof 1%. upon all sums actually disbursed by themto troopsactually serving in the field, as H.compensationfor the risks and labors attending such service. I think only those paymasters who performed their duties faithfully in the field, amid disconi fort and danger, should receive the benefit of this provision.
Mr. SCHENCK. I think I shall have no objection to the amendment if it is offered at the propertime. So far as I can judgev from hearing it, it strikes me as unobjectionable. But, sir when lam attempting togive an idea of a bill, it is very inconvenient to be interru ted with an amendment and remarks upon it, which a gentleman proposes to offer here after, because it disjoints everything like a connected presentation of the subject.
Mr. SMITH. This is a part of the discus 8101].
Mr. SCHENCK. The gentleman shall have an opportunit to offer it. I am inclined to think it may O well to insert the words the gentleman proposes.
Mr. DAltLING. Will the gentleman yield a moment?
Mr. SCHENCK. These gentlemen are alwaysimposing upon my amiability. [Laughter]
Mr. DARLING. How many paymasters are there in the Army?
Mr. SCHENCK. 5 or 600 of these additional ymasters.
Mr. DARLIN. Whatwodld be the largest amount in the aggregate that anyone of them would receive?
Mr. SCHENCK. We have taken care of that in the bill; it is not to exceed $1,000 perannum.
Mr. DARLING. How many years have they served?
Mr. SCHENCK. How long has the war lasted? It commenced, I be ieve, with the firing on Fort Sumter, and ended the 13th of April, 1805.
Mr. BINGHAM. With the permission of my colleague [Mr. Sonsx ex] I will propose as an amendment the following: Provided further. That the additional pay by this act nllowvd shall only be npplitd to the satisfaction of stoppages uiid suspensionson the respective account of the paymasten.
Mr. HARDING, of Illinois. give a reinium to default.
Mr. ILLER. Suppose there are no step pe es and suspensions.
Mr. BINGHAM. Then the money will not be paid. The word “only” in the amendment covers that. If there is any doubt I will modify my amendment to meet that.
Mr. SCHENCK. While my, colleague is modifying his amendment so as to make it satisfactory to members I will proceed to close, if there be any close to that which seems to me to have neitherbeginnin nor end.
Mr. WASHBURN, of ndians. I wish, Mr. Speaker
Mr. SCHENCK. I have notclosed yet. Sir, there must be a very continuous thread in my exlanations with all these interruptions.
Mr. BINGHAM. Will my colleague allow me a moment?
Mr. BINGHAM. I believe that the word “only, ” in the amendment which I proposed, was ampl sufficient to accomplish the desired object. lint in order that the objections of gentlemen may be fully met, I add to my amendment the following: But in no caseshall any additional my be allowed unless there is such stoppage or suspension and I will make this further remark: if I am, wrong in my opinion, I trust my colleague will correct me. s I understand the law and regulations now existing, unless the paymas ter, against whom stoppa es and suspensions are mode, can show that they arise by no fault or fraudulent device of his own, he gets no pay of any kind. It not simply goes to the stoppages and suspensions, but it prevents his recelvmg anfigay of any kind.
Mr. WASHBURN, of Indiana. The Gentleman will allow me to ask whether stoppages and suspensions are ever made except where there appears to have been some fault or neglect 0n the part of the paymaster.
Mr. EINGHAM. I will answer the gentleman. There arise in the Dept cases like one of which I now have knowledge, in which gentlemen against whom I undertake to say there cannot be ustly a breath of suspicion, finds himself unable to obtain a settlement of his accounts by reason of a difficulty arising with regard to a payment of money made in perfect good faith to an Iowa regiment. At resent, under the rules and regulations and the w, no relief can be extended to him. Unless this bill passes, his securities or himself must be responsible for that money which was paid.in good faith to the soldiers of the Union.
Mr. GRINNELL. The gentleman will permit me to say, as he has spoken of an Iowa regiment, that the plainest principles oflong delayed justice, as well as the provisions of law require that the “Greybeard regiment” of lowa, noble, sacrificing patriots, consisting of men above 45 years of age, who have done as much service as any other reiment of the Army in the line of duty, should be aid the bounty, paid to a portion, which they have so well earned. I hope to see a settlement on no other basis. Congress must understand the facts and do justice.
Mr. BINGHAM. I had no intention to reflect discredit upon the regiment which the gentleman hasmentioned, or any other regiment. God forbid that I should reflect discredit upon any regiment of our countrys defenders.
Mr. HOTC HKISS. Every paymnster who has committed any error, through no fault of his own, but through some accident over which he has no control, can now present his individual case to Congress; and if there are any merits in it I guaranty the ComClaims will give it a fair hearing. They have been liberal during the present Congress, and I presume will be hereafter. My objection is that it includes the whole class ofOfficers.
Mr. SCHENCK and that is the reason why I prefer the bill. I like general legislation to cover all the cases equally, instead of having special legislation in every case, according to one principle in one case, and a different one in another. I have always, in attempting to discharge my duty as n legislator, preferred such general laws instead of any special legislation; and the gentleman common s my hi 1 to me all the more by that objection.
Mr. SCHENCK. I do not wish this to go over the morning hour. I yield to the Gentfrom Indians for a few minutes.
Mr. SCHENCK. The objections made to the bill are provided for by the amendments of my colleague and others. Gentlemen do not take into account the vast responsibility of men who handle millions of money.
Mr. SMITH. Will the Gentfrom Ohio allow me to offer my amendment, to insert in line 7 the words “to troops actually serving in the field 1”
Skip Skip Mr. SCHENCK. I have no objection to those words being inserted; and I now demand the previous question. The question Was put upon 2nding the demand for the previous question; and there were ayes 34, noes 39.
The SPEAKER. The morning hour having now expired, the bill goes over until tomorrow morning, during the morning hour. AGRICULTURAL COLLEGES.
Mr. BIDWELL. I rise to make a privileged report. I am instructed by the ComAg to report back House bill No. 50 to amend the 5th section of an not entitled “ An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, with an amendment in the nature of a substitute. The substitute was read, and is as follows: Be il ennclvrlbythe Senate and HoRep of the U.S.A.in Congress assembled, That the time in w rob the several States may comply with the provisronsof the act of July 2l. 2, entitled “An act donating public lands to the several States and Territories which may provrdo co l legesfor the benefit of agriculture an t cmcchnnic arts" ishereb extende so that the acceptance of the benefits of the said not may be expressedWllllln 3 yearsfrom the passageof this not, and the r o l legesrequired by the saidset maybepronded wathm 1 5 years from the date of the filing of such acceptance with the ComrGLO: Resolved That the States now represented in Congress.which have not availed themselvesof the grant of lands contained in the said act of July 1862.he, and they are hereby, entitled to so avail the inselvesotthe benefitsthereof by complying with the provisions of the said act and of this act, accord iizgctotheir presentrepresentationin Congress: pro0 dfar the
Mr. That when any Territory shall become a State and be admitted into the Union such new State shall be entitled to the benefitsof the said not of July 2.1862.by expressing the acceptancetherein required within 3 years from the date of its admission into the Union and providing the collegeor collegeswithin 5 years after such acceptance, as prescribed in this act.
Mr. BIDWELL. The objections to this bill raised yesterday by the Gentfrom Ohio
Mr. DELANO] have been considered by the ommittcc on Agriculture, and I have no objection to the amendment he suggested.
Mr. DELANO. I moveto add the following proviso to the substitute: Provided further. That any State which has here tofore expressed its acceptance of the act herein referred to shall have a period of 5 yearswithin which to provide at least one college asdeseribedin tVhltellflolgur the ssaeiedtioenololefgseaiadeacoctr, dpinttgertothtehetimacetfoofrpuroly 2, 1862 shall have expired. I merely wish to call the attention of gentlemen to the object of this amendment. The substitute, as it is otfered, gives 3 years additional time within which the grant may be accepted by States not having accepted it, and 5 years alter the acceptance is made in which to erect the 1st college. But there is no provision made for extending the time to those States that have already accepted the rant; they must complete the 1st peoplege within 5 years from the date of the original bill. Now, many of the States have accepted the grant, and my own State among the number, but various circumstances have prevented us from being able to have the 1st college erected within the time limited by the original bill. Now, while we exten to States that have not accepted the grant what amounts to 8 years, that is, 3 years in which to accept the grant and 5 years to erect the 1st college, I ask that the States which have already accepted the grant shall be allowed 5 years in which to erect a college. I believe that my proposition is now under stood, and I will say that, as I understand, it meets the entire approbation of the chairman of the committee having the bill in charge.
Mr. BIDWELL. I have no objection to the amendment of the Gentfrom Ohio.
Mr. Dsasxos amendment was agreed to. The question recurred on the substitute.
Mr. RITTER. I moveto amend the substitute by striking out in the 13th line the words “ now represented in Congress."
Mr. BIDWE L. I hope that amendment will not be adopted. I feel satisfied that this bill as propose by the Committee on Agriculture, and as amended by the Gentfrom Ohio, [Ma DnLsxo] will cover all the ground which it is desirable to cover at this time. I have no objection to any States having the benefit of this act when they shall be represented in Congress, and when that time arrives the Representatives from such States can ask that the benefits of this act be extended to them. All that we undertake at this time to provide is, that the benefits of this act shall extend to the States which have not been in rebellion. Otherwise, I feel satisfied that it would require at least a week to discuss the merits of the bill, and perhaps it would be defeated altogether. I ope, therefore, that the amendment of the Gentfrom Kentucky will not be adopted, and I call the previous question.
Mr. BIDWELL. I yield the floor for a moment to the Gentfrom Ohio, [Mr. I. 8 Ammo 3 BANKRUPT BILL.
Mr. SPAI.DING. I desire to enter a mtRtv the bankrupt bill was referred to the select committee. The motion was entered. AGRICULTURAL COLLEGES Again.
Mr. BIDWELL. I am entitled to one hour to close the debate, and I will now yield 5 minutes to the Gentfrom NewYork, [Mr. Bunsen]
Mr. BERGEN. I only desire the attention of the House for a moment. I hope that the amendment offered by the Gentfrom Kentucky
Mr. Riirnit] will prevail. it is admitted on all and s that the original law is defective. We are about amending that law, and the chair man of the ComAg admits that unless the amendment offered by the Gentfrom Kentucky shall beiiicorporated in the bill at the next session of Congress it will be again necessary to amend the law so as to allow those States which are not now represented upon this floor to enjoy the benefits of this haw. Why not do it at the present time when it will become necessary to have it done at some future time? Why not, while we are now amending the law, make it perfect, so that hereafter no amendments shall be necessary? It certainly appears to me to be the tart of wisdom to make the law perfect now on leave it in such condition that it will meet the wants of the country for the future. I hope the amendment of the Gentfrom Kentucky will revail.
Mr. BIDWELL. I now yiel to the Gentfrom Iowa [Ma GRINNELL] for a few moments.
Mr. GRINNELL. I wish to say, in reply to my colleague of the Committee on Agriculture, that I think we are already olfeiing very fine inducements to the people down South to come back without giving them lands; and when they come back we will go in for educating them, and will grant them lands for that purpose. For the present we will bid them wcl come back, and we will even grant them Universal amnesty, with a few exceptions, if they will only give us universal suffrage; and when they get that, they will need universal education. I am opposed now to granting lands to anybody that is for the present outside of the family circle.
Mr. RITTER. Will the Gentfrom California yield to me for a moment?
Mr. BIDWE LL. I will do so, with pleasure.
Mr. RITTER. I do not see any reason why we should adopt a system oflegislation that is so partial in its character. What is the object of cuttin 05 from the benefit of this law those States which are not now represented in congress? What good can resultfrom it? Surely gentlemen do not wish to cut off those States unless some good can arise from it.
Mr. GRINN ELL. They have cut themselves off.
Mr. HILL. I would like to know whether the reason wh the States lately in rebellion are not inclued in this bill may not be to avoid the probabilities of an executive veto. The principle of 2 vetoes has been that we have been legislating for States which are not represented ere, and I would be glad to inquire of the Gentfrom Kentucky, if he has any assurance that if we undertake by this bill to legislate for those States, by givingthem lands, it will not subject the bill to a similar veto?
Mr. RITTER. I have no assurances in regard to it. I only know that partial legislation is apt to beget division and strife.
Mr. HALE. I desire to ask whether the bill now before the House does deprive any States in the Union of any right heretofore enjoyed by such States.
Mr. RITTER. The object of my amendment is that it may not do so.
Mr. HALE. I ask for information if this bill does cut 03 any State from any right it now enjoys.
Mr. RITTER. It does cutoff every State in the Union that is not now represented in Congress from the benefits of the law to which this is an amendment.
Mr. GRINN ELL. Every State that was in rebellion.
Mr. RITTER. Every one that is not now represented in Congress is cut off by this bill from the benefits of the land grants for this purpose. Is the State of Tennessee now in rebellion? Is any State in rebellion now? Not one. Every State is subject to the laws and Constitution of the country.
Mr. ASHLEY, of Ohio. The President excepts Texas.
Mr. RITTER. We want to make these people who have been in rebellion patriots. Su rely, then, that is a reason why we should help to educate them. It does secmto me that we cannot expect by this partial legislation to win back to loyalty and allegiance an alienated people; on the contrary, its tendency is to drive them further and further from us and instead of that Union for which our people have fought and have died, we are begctting ivisions that will permanently widen the breach. I hope the amendment I have moved will be adopted. The idea seems to be, I am sorry to say, that these States are to be kc t. out of Congress, not permitted to have their Representatives occupy seats here; and then. because they have no representation here, they are to be debarred from the benefits of this bill.
Mr. BIDWELL. It is veryimportant that this bill should be passed toay. I would he very glad to give every gentleman an opportunity to express his opinions, or tomore such amendments as he desires. But I am satisfied that ifwc admit all these amendments this bill will be defeated.
Mr. HALE. I would ask the gentleman to yield to me for a moment.
Mr. HALE. If I understand the scope and effect of the bill before this House, it does not deprive any State of this Union of any right which it now possesses.
Mr. HALE. As I understand the language of the former act, the States of this Union were each entitled to certain public lands for the endowment of agricultural colleges. Those States which have complied with the provisions of that former bill, are now byt is bill granted certain extensions of time, that is, those that are represented on this floor. In other words, it is an extension of time to the States now represented here, within which to do acts provided by the bill. This bill does not, therefore, deprive even the States lately in rebellion of any right whatever. It simply omits to give them tesome additional favors that are given to the States which have not. been in rebellion. In that view I see nothing objectionable in this bill. At the proper time I certainly shall be in favor of treating the southern States as we do the northern States. But I do not think it wise now to embarrass this bill by any. amendment to provide the same extension of time for the States lately in rebellion that it is proposed to grant to the States that have not been in rebellion.
Mr. RITTER. Will the Gentfrom NewYork [Mr. HALE] allow me to make a word of explanation?
Mr. RITTER. There are several States in this Union besides those that have been in rebellion which have failed to accept the otherof these public lands within the time prescribed by the law. They are thus cut off from the benefit of the former act, and therefore it is necessary that further provision should be made extending the time for aecepting the donation. But this bill proposes to extend the time only to those States now represented in Congress.
Mr. HALE. That is precisely as I understand the bill. We do propose to grant certain favors to the loyal States; I do not see that it is an objection to the bill that we omit. to grant the same favors to States that have been in rebellion. In regard to those States I shall be guided by the circumstances of the case when any bill is proposed for them. But I am not. willingto embarrass this bill now by any amendment to put them on an equality in this respect with the loyal States.
Mr. HARDING, of Illinois. Before the Gentleman proceeds, I would ask him if he will consent to this amendment of the bill, to add the following: Provided further, That the lands hereby granted shall be subject to preemtion, settlement and improvement the same as the Government lands new are and the moneyderived from such sale shall be applied to the State entitled to the same.
Mr. WASHBURNE, of Illinois. Ihope that amendment will be made.
Mr. BIDWELL. The oriinal bill provided that scrip should be issued or this land to the several States and the States were then required to sell the scrip, not to locate it themselves, but tosellit and if the sold it, of course it would be to those who wised to purchase the land for the purpose of settling upon it. They had the right, and it was but properthat they should have it, to dispose of this land scrip to the best advantage. Now, if you a ply the principle suggested by the Gentfrom Illinois, Mr. HARDING] that these States shall sell on y to actual settlers, it may be that they will be unable to dispose of this land scrip in time to provide schools within the time required by the law and besides, it would be treating those States which have not been able to avail themselves of the benefits of this act in adifferent manner from that in which the other States have been treated. While some were permitted to dispose of their land scrip to the best advantage, the States to have the benefit of this act will be required. upon that principle. to see when they dispose of their scrip that it shall be actually settled upon. I hope no such discrimination will be made. I have no doubt that the amendment is otiered in good faith; but it strikes me that it would be a discrimination against those States thht have not yet been able to take advantage of the act.
Mr. WASHBURNE. of Illinois. I hope that the Gentfrom California will give his consent to this amendment. It is eminently just, and is.palculated to promote the settlement of these agricultural lands. The great evil at present, which it is desirable to avoid hereafter, is thatlarge bodies of land in the new States and Territories coming into the possession of other States are kept out of the market and remain unsettled.
Mr. BIDWELL. I do not believe, Mr. Speaker, that the amendment will have the egect which the gentleman anticipates.
Mr. DELANO. The Gentfrom Illinois misapprehends, I think, the facts of this case. The States to which this scrip is iss d are expressly forbidden to make a location of the scrip; they are required to sell it to individuals who must locate it. If there is a preemption taken upon any lands before a location is made, that preemptiou, as a matter of course, is not adected. It would be monstrous for the U.S., or the States to which the U.S. may make grants, to go on and locate a large quantity of lands, thus making an impel rum in tmperio; and the act forbids that. There is no necessity, therefore, for this amendment; for no such difficulty as that which is a rehended can arise.
Mr. KASSOI. I was not present when the debate on this matter arose, and I desire to ask the Gentfrom California a question. which perhaps he has already answered. I wish to inquire the reason of the proviso at the end of the section with regard to Territories that shall become States.
Mr. BIDWELL. The object is to save the necessity of enacting a law to apply to such 8 ecial cases when Ierritories come into the nion as States., Mr. KASSON. It seems to me that it would be better to follow our old practice, according to which, on the admission of these Territories, Congress declares the terms upon which they are to be received, giving them certain grants of land in order to place them on an equality with States previous y admitted.
Mr. BID no harm. ELL. At any rate this will do
Mr. KASSON. It appears to me that it will operate as asecies of mortgace on the public lands of the IgU.S. i think it would be better that the grant should be made in the usual way. This bill proposes to allow 3 years for the acceptance of the grant after the State shall have been admitted, while, according to our practice heretofore, the acceptance is made at the time of the admission of the State. I very much prefer to adhere to this practice, under which the proposition is made and accepted at the time when the State is admitted, instead of our making this exceptional rovisi0n, entirely new to our legislation, p edging ourselves to all the Territories and giving them 3 years after their admission in which to accept the provisions of the grant. I trust the gentleman will see the propriety of our adhering to the custom and making these grants of lands to the new States when they are admitted.
Mr. BIDWELL. I trust the gentleman will excuse me if I say that I fail to see the force of his suggestion. If his view is correct, this proviso can at any rate do no harm. It provides that when Territories are admitted into the Union as States, they shall be entitled to the benefits of this act, and they are to be allowed 3 years in which to make the acceptance required by law. Now, 3 years at a time when the institutions of the community are in an embi0 state is but a short cried. Even some of the older States, organized with all the institutions of States, have failed to make the acceptance within about 3 years, the period which has elapsed since the passage of teoriginal law. Mlin KASSON. I think I have not been fully understood by the Gentfrom California, who, as awestern man, should comprehend what I desire to accomplish. I took the position that it was unsafe to make pledges respectin the future disposition of the public lands an Territories changing their wants and conditions as rapidly as do the Territories of the U.S. By the proviso the U.S. are mortgaged for an indefinite future. Now, by ostpouing action on this subject to the period) which has been customary for be stowing grants of public lands on new States, which is at the time of their admission, we would adapt our conditions connected with the grants to the actual condition existing at the time. Some Territories may be admitted as States with a very small population, which would be unable, without very burdensome taxes, to build a college for many years, and I should be unwilling to tie up in such cases the lands from the use and neonation of actual settlers. I would be glad if I ha the opportunity to strike out that proviso .
Mr. BIDWELL. We have had congresse s, I believe, ever since the adoption of the constitution, and I have no doubt we will have a Congress eve year through the coming cen turies of the uture, which will provide for all defects in existin laws or supply omissions which may be made evident from the existing condition of affairs. Should this law require amendment by what may occur hereafter, congress will amend it. Should it appear that the provision extending it to new States requires amendment, I believe the representatives of the people of the several States will be informed of the amendment needed and will provide the preer remed therefor. it
Mr. BURL IGH. Will this not permit the holders of this scrip to go into all of the territories and take up the public lands to the exclusion of actual settlers? It strikes me that its tendency will be to absorb the public lands and prevent settlement of the Territo ries, and consequently delay their admission as States into the Union. 1 cannot look at it in any other light.
Mr. BIDWELL. I do not think that oh jection can apply to this bill.
Mr. RICE, of Maine. We are selling scrip now.
Mr. BIDWELL. I do not want to detain the House with further discussion. Objections which could apply to this bill have been corrected by the amendments which have been propose.
Mr. TROWBRIDGE. I desire to state to the gentlemen who are making these objections now that they are objections which applied when the bill was 1st introduced in 1862, and might have been very properly urged at that time; but that bill has seems a law, and all the States have availed themselves of it, with one exception. When this was 1st reported from the ComAg, there were 2 exceptions; but since then one of the States has availed itself of the benclits of the law. It seems to me, I repeat, that these objections only apply to the original law, and are not pertinent at this time. [his is an amendment by which the State which has not accepted may avail itself of the law, and by which an extension of time for building may be allowed.
Skip Skip Mr. BIDWELL. I demand the previous question. The previous question was 2nded and the main question ordered. The question recurred on the amendment of Mr. Itirrsit to strike out the words “now represented in congress.” Mr. BITTER demanded the yeas&nays. The ycas&nays were not ordered. Mr. FINCK demanded tellers. Tellers were not ordered. The amendment was disagreed to. The substitute was then adopted. The bill, as amended, was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thi time. Mr. BITTER demanded the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in the attirmative yeas 96, nays 33, not voting 54; So the bill was passed. During the vote, Mr. ECKLEY stated that his collea c, Mr. SPALDING, had been called from the House by important business. The vote was then announced as above recorded. Mr. BIDWELL mtRtv the bill was passed; upon the table. Agreed to. NATIONAL nuansu or EDUCATION.
Mr. LATHAM, from the ComPrinting, submitted the following report; which was read, considered, and agreed to: Received.That there be printed 2,000 peopies extra of House bill No. 276, to establish a national Bureau of Education. ENltOLLI JDJtResolutionS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that theyhad examined and found tru y enrolled the followin JtResolutions; when the Speaker signed the same:JtResolution (S.R.No. 53) authorizing Rear Admiral H. Paulding to accept a decoration from the King of Italy;JtResolution (8. It. No. 58) respecting the burial of soldiers who died in the military service of the U.S. during the rebellion; and,JtResolution (8.R. No. 44) authorizing Commodore William Radford to accept a dec oration from the King of Italy. HOWARD INSTITUTE.
Mr. INGERSOLL, by unanimous consent, introduced a bill to incorporate the Howard Institute and Home of the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. MISSOURIMlLrrIA.
Mr. STEVENS. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union, to take up the bill to reimburse the State of Missourifor her militia. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. TKAYEB in the chair) and proceeded to the consideration of the special order, bein Senate bill No. 31, to reimburse the State of h issourifor moneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion. The bill was read; and the Clerk proceeded to report it by sections.
Mr. WENTWORTH. Irise, Mr. Chairman, not to say anything about the particular merits of this bill, but to call the attention of the committee to the question of the proriety of bringing in these hills, which are at or all nothing but private claims on a large scale, as appropriation bills. 9 10ths of the members of this House have in good faith referred their claims to the ComClaims. Senate bills embracing provisions of this character have also in good faith been referred by members of this House to the ComClaims. Now, I would like to call the attention of the committee to the propricty of making a dividing line, so that when anything comes into this House for the benefit of my State, or of individuals in my State, I can move to refer it to the ComAppropriat, and then when I have an opportunity to call up the claim I shall have the sanction of my friendfrom Pennsylvania, and he will bring it forth as an appropriation bill. am not speaking in censure of my friend, because I know he is obliged to take cognizance of what comes to the committee, but what I want is, that the attention of the House shall be called to the question of a dividing line between bills referred to the ComClaims and bills referred to the Committtee on Appropriations. I do not know that there is any ru e on this subject, but I do think there ought to be fair play, and that there ought to be a dividing line on this subject somewhere.
Mr. STEVENS. Will the gentleman indulge me a moment?
Mr. STEVENS. This bill passed the senate after full examination. he accounts in this bill were all settled by the authorities, and there is provision made in this bill for reset tlement. This bill was sent to the committee, and was examined by them, as was their duty, and they have reported it back to the House. They have done nothing more. From the examination of it they came to the conclusion that the State of Missourihad suffered, perhaps, more severely than any other State in this terrible rebellion, and that she had manfully stood up against the rebellion. What she suffered in life and property has scarcely a parallel in any State of the Union. Under these circumstances, having examined the account, amounting to some 7 or 8 million dollars, the committee authorized the chairman to report this bill, and he has done so in obedience to that order, but with the perfect sanction of his own judgment. I do not understand the Gentfrom Illinois [Mr. Wsxrwosrn] to censure the committee for takin cognizance of what was sent to them by the House.
Mr. WENTWORTH. I wish to ask the Gentleman a question. Sup use I have a petition for the relief a soldier who has lost a leg or an arm, have I aright to refer it to the ComAppropriat?
Mr. STEVENS. If the House refers it to that committee, the committee is bound to act upon it. They may ask to be discharged from it, but unless they see some reason why it should not be sent to them by the House, it is their duty to act 11 on it.
Mr. WENTWORTH. Does the gentleman consider this in the line of a claim?
Mr. STEVENS. I consider this in the line of a debt due from the Government to the State of Missourifor moneys which that State has paid out, which have been settled according to the authority given by that State, and under the different orders under the General Government. I consider that the amount has been expended. It is a large amount; I wish it were less; but when I look at Missouri, and find that not only this large amount has been expended, but that her whole country has been ravaged from year to year, and her citizens plundered, at a time when this Government was unable to protect them, it seems to me but just that we should now be ready to reimburse her people for protecting themselves. Ibeg the pardon of the Gentfrom missouri[Mr. Loan] for occupying his time to make this statement.
Mr. WENTWORTH. I believe I had the floor when my friendfrom Pennsylvania rose to make his explanation.
The CHAIRMAN. The Gentfrom missouri[Mr. LOAN] yielded, and then the Chair recognized the Gentfrom Pennsylvania, [Mr. Srsvma]
Mr. WASHBURNE, of Illinois. Will the Gentfrom Missouri[Mr. LOAN] inform the committee of the total amount which Con. gress has already appropriated to the State of Missourifor these objec ts!
Mr. WASHBURNE, ofllliiiois. Mr. Chair man, I am not prepared to discuss this bill at lengh, for I confess I am utterly surprised that the bill should be brought up in this way. I did not think a bill of this character was in such shape that it could be called up for consideration at this time and I agree with my colleague [Mr. wENTWORTH] that the Committee on appropriations had no jurisdiction whatevero this bill no jurisdiction whatever of the subject matter. If it were sent to them it was their duty to have reported it back so that it might be referred to the ComClaims where it legitimately belongs. It is nothing buta claim. it is the claim of Missouriagainst the Government for the payment of her troops. The bill now pending before the committee appropriates some 7 million dollars, and I call the attention of the committee to the fact so that members may give it full and attentive consideration before they pass upon it. As I have already stated, I am not prepared to discuss the bill fully. I hav. not examined it as carefully as I would like. Ihave, however. my impressions derived from an examination of the face of the bill. It is not for troo 5 called out by the U.S., but it is or the pay of troops called out, as appears by the documents, by the State of Missourifor the purflise of so pressing and ridding that State of the guerril as with which it was then in fested., Mr. LOAN. Will the gentleman permit me to correct him?
Mr. WASHBURNE, of Illinois. Certainly, if I am in error.
Mr. LOAN. These troops, under Orders No. 19, were called out by General Seholield at a few days notice, and the Federal commanders held them in the service of the U.S. against the protest of the Governor of the State.
Mr. WASHBURNE, of Illinois. It is true they were called out by General Sehotield, but for the purpose, as was expressly stated. of suppressing the guerrillas in the State of missouri. If these troops were U.S. troops, if they were called out by the Government of the U.S and mustered into the service of the U.S., then they would be entitled to their pay, and Missouriwould not be required to come here and ask for the passage of this bill.
Mr. LOA. Let me interrupt the gentleman for one moment. He says they were called out for the suppression of guerrillas. If the rebel army from Arkansas, from 25,000 to 50,000 strong, were guerrillas, then the gentleman is correct. If they were not guerrillas then the gentleman is most certainly mistaken.
Mr. WASHBURNE, of Illinois. I will read that part of the order of General Sehofield.
Mr. WASHBURNE, of Illinois. It will show that it refers entirely to the State of missouri. It is headed as follows: [General Orders, No. 19.] HslinQvAariins Missoimi STATEMILITIA, ADJUTANT GENERALSOrrics, Sr. LOUIS, July 25, 1862. It then goes on to say, as follows: “An immediate organization of all the militia in Missouriis herebyorderedfor the purpose of exter niiuatinx the guerillas that infest the State. Every able bodied man. capable of bearing arms and subject to military duty. is.hereby ordered to repair. withontdelag, to the nearestmilitary Eost and report for duty to the commandingofficer. very man Will bring with him whatever arms he may have or can pr"ocAulrle and a.goodhorse, if he has one. arms.” &c. That is what these troops were called out for. They were called out to exterminate the gierrillas that infested that State.
Mr. VANHORN, of Missouri. Who was General Sehoiield f Mr. WASHBURNE of Illinois. He was an officer of the U.S. But General Sehofield had no authority to bind the U.S. in a matter of this kind.
Mr. VANHORN, of Missouri. I hold that these troops were ordered out by the authority of the U.S.
Mr. BENJAMIN. The order of General Sehoiield, dated July 25, 1862, was an order for the organization of the militia of the State of Missouri, if the gentleman will allow me, for which nothing in the world is asked.
Mr. WASHBURNE, of Illinois. The Gentleman will pardon me. It is that very order upon which the gentlemans colleague bases this whole matter. He claims that General Sehoficld called out these troops for which pay is now asked.
Mr. BENJAMIN. The militia of Missoui was not organized, guerrillas infested the State from one end to the other. Federal troops there for the protection of property of the Government were called to other fields as I have said, guerrillas sprung up and General Sehofield provided for the organization of the State militia. After the militia was organized, General Sehofield called upon the Governor of the State, in another order, for certain troops to be called into the field. They were called into the field by virtue of that order and several subsequent orders, serving some of them as long as a year and a half, and I believe in every instance transported and fed by order of the General Government. It is for those troops thus called out that this claim is made.
Mr. WASHBURNE, of Illinois. I would like to inquire where the evidence of the facts which the gentleman alleges is to be found. Here is a bill involving an appropriation of over 7 million dollars, and there is no written report that I have seen accompanying it, giving its all the facts necessary to enable us to act fairly, justly, and understandingly in the matter.
Mr. WILSON, of Iowa. I have no desire to oppose this bill, but I should like to make an inquiry in relation to the amount of the appropriation contained it it. I find in the last section that the sum of $6, 715, 089 65 is appropriated. I find in another section of the Jill that there is to be deducted from the amount found due to the State of Missourithe amount of the direct tax, levied in pursuance of the act of 1861. What I wish to knew is, whether the amount of that tax is to be added to the amount appropriated in the bill, or whether the amount appropriated is to be the entire expenditure under the provision of the bill. It occurs to me, from reading the bill, that there may be some doubt upon that point. I do not now remember the amount of the direct tax levied on the State of Missouri, but suppose it was $1,000,000. If the commissioner should find that the amount expended by Missouriexceeded the amount appropriated in the 7th section of this bi l, he could still pay the entire amount, because the deduction would not be from this a prepriation but from the aggregate amount of the expenses. It seems to me, therefore, that this section containing the appropriation is uncertain in its terms.
Mr. LOAN. I have the 5 area here. The whole amount of the indebte ness, as set forth in the report of the Senate, is $7, 476, 216 98; from that is deducted $761, 127 83, leaving a balance of $6, 715, 089 65.
Mr. WILSON, of Iowa. Then I understand from the statement of the Gentfrom missourithat it is intended by this bill to makean appropriation of something over 7 million do lars.
Mr. KASSON. I desire some information from the gentleman who has charge of this bill. Ifind in lines ten and 11 of section 2 these words, “or which may have been employed in suppressing rebellion in said State." want him to inform me and the committee why those words are necessary there. The clause relating to that subject reads as follows: and paying such troops aswerecalled into service by the Governor. at the request of the U.S. Dept commander commanding the dept in which Missourimay at the time have been included, or by the expressorder, consent, or concurrenceof such commander and then come the words to which I objector which may have been employed in Suppressing rebellion in said State. Iapprchendthatthese words enlar ethe scope of the inqui l00 far, and ought tohe stricken out of the I wish also to inquire why it would not be proper to amend the bill so as to provide for 3 commissioners instead of one, and have them nominated by the President and confirmed by the Senate.
Mr. LOAN. I know of no objection to that amendment.
Mr. KASSON. Then, again, I suggest that the 2nd section should provide that the commissioner shall proceed, subject to reulations to be approved by the SecyWar, and that the 5th section should provide that the report of the commissioner s iall be subject to the approval of the SecyTreasury. Those guards thrown around the bill would certainly greatly improve it, and I should much more willingly vote for it.
Mr. LOAN. The friends of the bill have no objection to the amendments suggested by the Gentfrom Iowa excepting t ie one to strike out those words in the 10th and 11 th. lines, and I think I can give sufficient reasons why they should be retained. The precedin part of the sentence refers to troops calle out under authority of the Governor by the Dept commander; but the exigencies of the case were occasionally such that Federal Officers called out troops without coming to the Governor at all, there being no time to do it; and such being the case we think the commissioner ought to take such instances into consideration.
Mr. KASSON. I will say to the gentleman that this clause to which I have objected does not imply that they should have been called out by an body. Any dozen men who may have arme themselves and proceeded for a few days to put down guerrillas would be included.
Mr. LOAN. I have no objection to having the clause so modified as to apply only to those who were called out by Federal authority.
Mr. KASSON. All I desire is something to make it definite, and to provide for the troops who were engaged in any way in directly so ressing the rebellion. 1. WILSON, of Iowa. Will the Gentfrom Missouri[Mr. LOAN] have any objection to amendin that clause by striking out the word “or."an insertin the word “and?”
Mr. LOAN. If the gentleman will examine that clause he will see that it provides for the troops called out under the authority of the Governor; and we desire to have pay for those that were called out by Federal authority without consulting the Governor.
Mr. WRIGHT. I am loath to occupy the attention of the committee in regard to this bill; but there is a principle involved in it which I think we ought not to overlook. We may have committed one or 2 errors already; but by examining into this case we may be prevented from a continuance of injustice. This is a special bill, as I understand it, to reimburse the state of Missourifor forces that were called out to protect that State during the rebellion. I remember well that troops were called out from the State of NewJersey to go into the State of Pennsylvania; and they have not yet been paid except in part. The State of NewJersey expended, in order to sustain the Government in its efforts to suppress the rebellion, the sum of $26,000,000; and she furnished 53003 years men. She was at all times ready and willing to do her duty. But instead of comin here and asking a special act to reimburse er, I find her embraced within a general bill now upon our tables, which provides that for the $26,000,000 which she has expended, and for all her sacrifices and payments, she shall receive the sum of $4,000,000.
Mr. VANHORN, of Missouri. If the Gentleman will allow me, I will say that if NewJersey has expended her $26,000,000, the State of Missourihas expended her proportion. She asks nothing for the bounties she gave; nothing for the expenses she incurred in raising her regular quotas. In addition to the troops referred to in this bill she furnished 83,003 years men. This is a claim for troops furnished by Missouriat the call of the U.S., an fed and clothed by the U.S., so far as the War Dept had authority to go, but paid out of the State treasury. These troops were in service in the field in addition to the 83,000 men.
Mr. WRIGHT. Did they serve beyond the limits of the State of Missouri?
Mr. VANHORN, of Missouri. Yes, sir; some of them served under Federal commanders in the State of Arkansas for 15 months.
Mr. WRIGHT. I do not desire to abate one jot or tit tle of the amount justly due to the patriotism or services of the men of Missouri, in suppressing the rebellion. I did not rise for the purpose of making unjust or illiberal comparisons. I rose simply to try, if my feeble voice could do it, to stay this description of legislation, special and as I think unjust, and to call attention to the general bill which is yet to come up for consideration. When that bill is under consideration, if any State has any right to claim more than is there set down to it, it can submit its claim to the judgment of this House. That Missourihappened to be infested with errillas to a rest extent, I will admit and will admit that it was necessary on the part of the officers of the Federal Government to ask the militia of that State to organize. But I repeat that the militia of the State of NewJersey did the same thing, and went OK in great haste to the assistance of the State of Pennsylvania. What I say is this: the State of, NewJersey has expended $26,000,000, for which, according to the report of the select committee on the war debt of the loyal States, she is to receive $4,000,000. In that same report missouriis allowed $4,000,000; and yet 5e is here with asecial bill asking for $7,000000 more.
Mr. VANHORN, of Missouri. It seems to me it can hardly be in order to discuss a bill that is not before the House for consideration.
Mr. WRIGHT. I refer to it because I consider it germane to the bill under consideration. lhat bill provides that “the said bonds are accepted by said State in full payment of all claims for expenses incurred or losses sustained in the war for the Union, either by the State or by an municipal corporation within the State.” ow, if we are to be “cahined, cribbed, confined” within the limits of that $4,000,000, why is Missourito come in here in advance, and by special legislation obtain all that has been expended by her State or munici all corporations? We are to be controlled y the general law if itshould pass, and are remediless in the premises if we do not accept the terms proposed by that general bill.
Mr. VANHORN, of Missouri. Mr. Chair man, wc are not discussing, as I understand, a supposititious case. The report to which the Gentfrom NewJersey refers is not law, and I do not know that it will ever become such. The gentleman imagines a case that is not before the House, and takin that as abasis he argues against the present O aim. Iobject to such a method of proceedin. The State of Missouriis claimin nothing fgr bounty, nothing for expenses. We have spent several million dollars for which we do not ask to be reim bursed. All those of our troops that were called out by State authority have been by the State; but these were troops calls dpoauidt by the U.S and serving in its Army.
Mr. WRIGHT. I am very happy to have heard the remarks of my friendfrom Missouri but when he undertakes to define the class of men for whose services the State of Missourihas been obliged to pay, for which payment it now asks reimbursement at the hands of the Federal Government, I remind him of the action of this House a short time ago, when the ComClaims was, by resolution, instructed not to consider claims for damages to which loyal citizens of the insurrectionary States have been subjected during the regress of the war. If such claims are not to e paid then, pari rations, this claim of the State of Missourishould not be paid. If this claim should be referred to the ComClaims, the resolution of the House would esto that committee from taking any action in the premises.
Mr. VANHORN, of Missouri. I want to know whether the gentleman considers missouria disloyal State. His remarks may apply to the State of NewJersey; but they do not aply to Missouri.
Mr. WRIGHT. The gentleman suggests, as I understand, that Missouriis more loyal than NewJersey. It is honorable to the gentleman to make such a claim. It is noble that there should exist between the States of Missouriand NewJersey such an honorable and patriotic rivalry. If the State of Missourihas furnished more men and more money than the State of NewJersey, it was because Missourihad more men and more money than my own State. ButI cannot concede that the State of Missouriis more patriotic than the State of NewJersey.
Mr. BENJAMIN. I desire to ask the Gentfrom NewJerse whether be understands that this bill is csigned to reimburse Missourifor any losses sustained during the war. The report of the ComClaims to which he refers related to the subject of the pament of losses incurred during the war.
Mr. WRIGHT. I do not anderstand that this bill is for the purpose of reimbursing missourifor losses sustained during the war; but it is to indemnify a loyal State for expenses incurred; and I believe lawyers understand that expenses are sometimes considered very damaging. It is to indemnify Missourifor the expenses which she incurred in calling out her citizens in a loyal cause.
Mr. BENJAMIN. The gentleman is not correct. This bill is not, properly speaking, to indemnify the State of issouri; but it is to reimburse the State of Missourifor money that she has aid for the General Government. It is precise y like the case of Pennsylvania which was before the House the other ay.
Mr. BENJAMIN. The claim of Pennsylvania was passed upon here since the report to which the gentleman has referred; yett O Gentleman did not make any objection to that bill. Let me say to the gentleman that if the State of NewJersey or any other State is similarly situated; if the U.S. officers have called the militia into the field, used them in the service of the Government, and the State has been obliged to pay those troops, I am read to support a bill to reimburse that State; and have no doubt that this House, desirous as it is to do justice to all the people and to every State, will pass such a bill without a dissenting voice.
Mr. WRIGHT. How much money has missourialready received in this way from the General Governmentduring the last Congress?
Mr. BENJAMIN. She did not receive a single dollar that I am aware of. It
Mr. WRIGHT. I am told that she received $800,000. But on the principle of the learned gentleman who just addressed us, Missouriis now to be aid the expenses which she incurred in calling out these troops, and then, when we come to the general bilIto refund to the several States which appropriatedlarge sums of money to sustain and upho d the cause of the Federal Government, Missouriis again to come in fora share. She is to have the benefit of a double division. It reminds me, sir, of the case of a profiigate man who went to a respectable judge and said, “The laws of society are not properly constructed.” “What is the matter with them?” said the judge. “.Why you are rich and I am oor, and I think we ought to divide.” “ If I did divide with you, ” said the judge, “at the end of 6 months you willhave spent all our money; whatwillyou do then 7” “ Why, divide again, of course.” [Great laughter.] and that isfle case with the State of missouri. She wants to get all she can now and to have likewise her division under the general law. I say this without disrespectto that noble Commonwealth, whose gallant sons did their full duty during the war. NewJersey, although she expended some 26 million dollars, asks for no special legislation in her behalf.
Mr. BENJAMIN. The gentleman, I am sure, does notwish to do Missouriany injustice.
Mr. STEVENS. I move that the committee rise for the purpose of closing general debate.
Mr. KASSO. I hope the Gentfrom Pennsylvania, [Mr. STEVENS] who was absent at the time I exchanved some inquiries with the Gentfrom lilissouri, [Mr. Lonny] will allow me to offer some amendments which that gentleman and m self have agreed upon.
Mr. STEVEN. I think we had better close general debate, and then amendments can be made under the 5 minute rule.
Mr. WASHBURNE, of Illinois. I think we can close general debate by unanimous consent. No objection being made, it was so ordered; and general debate was closed.
Mr. KASSON. I move to amend the 1st section by inserting in line one, after the word “President, ” the words “with the advice of the Senate, ” and to change the words “ a commissioner” to “ 3 commissioners 5” so that the section will read: That immediately after the passageof this act the President.with the advico of the Spnnte shall appoint thyeocommissioners.whoseduty it sha 1be to ascertain the amount of moneyssxpondedby the state of Missouriin enrolling, c nipping. subsisting and paying such Statoforces as have beencalled into service in said Statesince the 24thdayofAugust. 1861t, oast in concertWith the U.S. forces in the suppressionof the rebellion againstthe U.S. The amendment was agreed to.
Mr. WASHBURNE, of Illinois. I move further to amend section one by adding at the end thereof the following: and the said commissioners shall be authorized and requiredto sit as ii board at StLouis, Missouri and shall be authorizedto call witntxssesbeforethem and examine them under oath; and said commissioners shall be authorized to employaclcrk at a rate of compensationnot exceeding$1.50operannum. The reason of my oilering this amendment is, that in a bill of this magnitude, where accounts to the amount of $7,000,000 are to be examined, we ought to have a board sitting as a commission and authorized to take testimony.
Mr. VANHORNof missouri. Sayat Jeffer son City. instead of StLouis.
Mr. STEVENS. I can see no objection to this amendment.
Mr. WASHBURNE, of Illinois. I will make it at any point that the gentlemen from Missourimay designate.
Mr. LOAN. Allow the commissioners to select their own place in the State of Missouri.
Mr. WASHBURNE, of Illinois. I will accede to that suggestion, and leave it that they be authorized to sit, as a board in the State of Missouri. The amendment as modified was read, as follows: and the saideommissioners shall beauthorizedand required to sit as a board in the State of Missouri and shall be authorized to call witnessesbeforethem and examine them under oath and saideommissioners shall be authorized to employa clerk at a rate of compensationnot exceeding$1.50operannum. The amendment was agreed to.
Mr. STEVENS. Before proceeding any further with this bill I will move that the committee rise for the purpose of moving to dispense with the evening session for to night. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. THAYER reported that the ComWhole on the state of the Union had, according to order, had under consideration the State of the Union generally, and particularly bill of the SenateTIo. 31, to reimburse the State of Missourifor mon eys expended for the U.S. in enrolling, equipping, and provisioning militia forces to ai in suppressing the rebellion, and had come to no conclusion thereon. EVENING SESSION.
Mr. STEVENS. I now move that the evening session for to night be dispensed with. The motion was agreed to. MISSOURIMILITIA Again.
Mr. STEVENS. into ComWhole again. The motion was agreed to. The House accor in l resolved itself into the ComWhole on the state of the Union (Mr. THAYER in the chair) and resumed the consideration of Senate bill No. 31, to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion.
Mr. KASSON. In order that this section may conforuito the previous one, it will be necessary to change the word “ commissioner ” to“ commissioners.” The amendment was agreed to. I move that the House go
Mr. KASSON. I move to insert in line 2, after the word “proceed.” the words subject to regulations to be prescribed by the SecyWar.”
Mr. BENJAMIN. I do not think that is necessary. There is another provision that these expenditures shall be allowed in conformity to the laws of the U.S.
Mr. KASSON. This is in harmony with that clause, to have it accord with the rules that govern the Army of the U.S. The amendment was agreed to.
Mr. KASSON. I move to insert in the same section, line 11, after the word “ State” the words “under the authority and command of Federal officers.” I believe that is the phrase ology that the Gentfrom Missouri[Mr. Loss] says will accomplish the purpose, limiting it to those who were in the Federal service. The section will then read: SEC. 2. Abife:.That the commissionersso appointed shall proceed.subjoctto regulations to be prescribed by the SecyWar. at once to examineall the items of expenditure made by said Statefor the purposesherein named.allowin only {bi disbursementsmade and amounts assume by the State for enrolling. equipping. subsistin and paying such troopsaswere called into serVice y the Governor.at the request of the U.S.Deptcommandercommanding the district in which Missourimay at the time have beenincluded or by the expressorder. consent, or concurrence of commander or which may have been employeesducinh suppressingrebellion in said Stateunder the authority and commandof Federal Officers and no pllow once shall be made for any troops which did not perform actual military service in full concert and 006 oration with the authorities of the U.S. on subjectto their orders.
Mr. STEVENS. I would inquire of the Gentfrom Missouriwhether they were all under command of Federal officers.
Mr. LOAN. Yes, sir; all that we desire any compensation for. he amendment was agreed to.
Mr. STEVENS. I move to strike out of section 3 the portion in brackets, as follows: Or the act entitled “An act to allow and pay to the State of Missourithe amount ofinpncy expendedby said State in the arming and paying of troops employed in thesupgressionof insurrection against the iiiws of the U.S. " approved July 17.1862. The section will then read: 77 Sec. 3. Abife: That in making up said account.for the convenienceof the accounting others of the Government, the commimionor shall stateseparately the amountsexpended. respectively. for QDIOHIDB, equipiping. arming. subsisting and ayingsaidtroops and 0m the aggregatoamount he shall deduct the amount of direct tax due by the said State to the U.S. underthe act entitled “An act to provide increased revenue from imports. pay interest on the public debt and for other purposes."approved August 6. 1861 The amendment was agreed to.
Mr. WILSON, of Iowa. I move to amend section 4 by inserting after the words “ U.S., ” in line 5, the words “and the regulations prescribed by the War Dept;” so that it Will read: SEC. 4. Abife: That in the adjustment of accounts under this act the commissioners shall not allow for any expenditure or compensation for service at a rate greater than was at the time authorized by the laws of the U.S. in similar casesand the regulations prescribedby the War Dept.
Mr. LOAN. I have no objection to that. The amendment was agree to.
Mr. WASHBURNE, of Illinois. I move to amend section live by striking out all after the word “Treasury” in line 5, and insertingus follows: and shall transmit all the testimonytaken by said commissionersto the SecyTreasury, and if upon examination by the properaccountin ofli coraof the Treasury. the accountshall be than to be just and correct the sameshall bepaid. The section will then read: SEC.5. Abife:, That so 8001!as said commissionershall have madeup said account and ascertained the balance.as herein directed.ho shallmakowritten reportthereof. showing the diner entitemsofexpenditurcashereinbeforostated.to the SecyTreasury and shall transmit all the testimonytaken by said committeesto the SecyTreasury and if upon examination by the properaccountingofficerso the Treasurythe account ahall lilo found to be 1st and correct the sameshall a pan. The amendment was agreed to.
Mr. KASSON. I move to amend section 6 by changing the word “ commissioner" to the plural, and making the correspondin change irithe pronouns “he” and “his, and by inserting the word “severally” tier the word “sworn.” The amendments were agreed to.
Mr. KASSON. I move further to amend by adding at the end of the section these words, "not exceeding ten dollars perday for each day of actual se rwcef so that the section Wlll read:, SEC.6, Abife: That the commissioner to be appointed as aforesaidshall, before proceedingto the dischargeof his duties. be sworn that he will carefully examine the accountseXisting between the U.S and the state of Missouri, and that he will. to the best of his ability, make it Just. true, and impartial statement thereof, as required by this act. He shall receivesuch compensation for his services as may be determined y the SecyTreasury. not exceedingten dollars perday 10leachday of actual service.
Mr. STEVENS. Imovo to strike out “ $76000” in section 7, and insert “ $15, 089 65; so that the section will read: Site. 7. Abife: That the sum of 8, 715, 089 6:5 he, an thesame is hereby, appropriated carry this act into client. The amendment was agreed to.
Mr. KASSON. I move further to amend the last section by adding at the end thereof the words “or so much thereof as shall be necessary.” It is the customary clause. The amendment was agreed to.
Mr. WRIGHT. I have an amendment to reose which I think will get rid of a good ea of difficulty about this bill: Provided, That no part of the moneymentionedin this, actshallhe paid y the SecyTreasury until the report of saideommissioners shall have been examined and approved by the SecyWar. which commissioners shall to beforethe SecyWar the evidenceupon which said award was made.
Mr. STEVENS. The gentleman perhaps has overlooked an amendment made by the Gentfrom Illinois, [Mr. WASHBURNE] providing that the same thing preciselyshall be one by the SecyTreasury. That is alreadya part of the bill.
Mr. WRIGHT. If the Gentfrom Illinois says that the proviso he inserted is the snme, l withdraw it.
Mr. WASHBURNE, of Illinois. The committee on my motion inserted an amendment that the testimony shall be transmitted to the SecyTreasury to be examined by him, an it the account shall be found to be correct he shall ay the same.
Mr. STEVENS. I move that the committee rise, and report the bill and amendments. The motion was reed to; and the Speaker having resumed the c air, Mr. Tilivnn reported that the ComWhole on the state of the Union had had under consideration the Union generally, and especially Senate bill No. 81, to reimburse the State of Missourifor moneys eXpended for the U.S. in enrolling, e nipping, and provisioning militia forces to in in suppressing the rebellion, and had directed him to report the same back to the House with sundr amendments.
Skip Skip Mr. STEVENS. call the previous question on the bill and amendments. The previous question was 2nded, and the mainquestion ordered; and under the operation thereof the amendments reported from the ComWhole were sever ally agreed to. The bill as amended was then read a 3rd time. the question was upon the passage of the bill; on upon a division there were ayes 67, noes 25. The SPEAKER voted in the aflirmative, making a quorum. Before i: e result of the vote was announced, Mr. LEBLOND calledfor the yeas&nays on the passage of the bill. Upon ordering the yeas&nays there were ayes 17; not one 5th of the members present. Mr. LEBLON D called for tellers upon ordering the yeas&nays. Upon ordering tellers there were ayes 14; not a sntheient number. So tellers were refused, and the yeas and nais were refused. he bill was accordingly passed. Mr. STEVENS mtRtv the bill was passed; upon the table., Agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. FINCK asked and obtained leave of absence for his colleague, Mr. Li: BLOXD, for 2 weeks. NORMAN J. HALL.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced a bill for the relief of Norman J. Hall; which was read a 1st and 2nd time, and referred to the ComClaims.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to and then, on motion of
Mr. SPALDING, (at 4 oclock and 40 minutes p. m.) the House adjourned.
Mr. Enuusos to fill the vacunc in the ComPensions, occasioned by the decease of Hon. Solomon Foot, agreeably to the order of the Senate of the 10th instant.
Skip Skip PETITIONS and MEMORIALS.R. CLARK presented the petition of Jane NcWcll, in which she alleges that she was the lawful owner of the steamboat H.R. W. Hill, which was taken possession of by the Government and used by it; which was referred to the ComClaims. He also presented the etition of James Pool, praying that he may he allowed interest on his accounts for moneys expended for supplies for the Shawnee Indians from the time when certified by the 2nd Auditor to be due him to the time of their payment; which was referred to the ComClaims. Mr. CLARK. I also present the etition of Michael Blessing, a citizen of Memp is, Shelby county, Tennessee, in which he alleges that he was the owner of the steamboat Jefl".Davis, which was taken and used by the Government, and he prays compensation therefor. I think the ComClaims a good place for Jeff. Davis; I move its reference there. The motion was agreed to. Mr. MORRILL presented a petition of manufacturers of mineral waters, &c., in the DistCol, praying for an alteration of the laws regulating the bottling of mineral water, &c., in the District so as to protect them in their business which was referred to the ComDistCol. BILLS INTRODUCED.
Mr. NORTON asked, and by unanimous consent obtained, leave to introduce a bill (S.No. 263) to authorize the Wine na and StPeter Railroad Company to construct a brid e across the Mississippi river and to establish a post route; which was read twice by its title.
Mr. NORTON. I move that it be referred to the ComCommerce.
Mr. BROWN. I move that the bill be referred to the ComPostOffices. They have the same subject under their consideratiofiilready in regard to bridges across the Mississippi, and it would be properthat it should go there.
Mr. NORTON. I have no objection. The bill was referred to the ComPostOffices.
Skip Skip MESSAGE FROM Tiis HOUSE. A message from the HoRep, by Mr. LLOYD, its ChiefClcrk, announced that the HoRep had passed a bill (H.R.No. 50) to amend the 5th section of an not entitled “An act donating public lands to the several States and T crritories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed the bill (S.No.31) to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, e nipping, and provisioning militia forces to in in supressing the rebellion, with amendments, in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The message also announced that the HoRep had signed the following enrolled JtResolutions; which were there upon signed by The President protempore: A JtResolution (S.R.No. 44) authorizing Commodore William Radford to accept a dec oration from the King of Italy; A JtResolution (S.R. No. 53) authorizing Rear Admiral H. Paulding to accept a decoration from the King of Italy; and A JtResolution (S.R.No. 58) respecting the burial of soldiers who died in the military pervice of the U.S. during the rebellion. SOLDIERS INDIVIDUAL MEMORIAL.
Mr. VANWI NKLE. I am directed by the ComPostOffices and Post Roa s, to whom was referred a bill (H.R.No. 471) to provide that the “ Soldiers Individual Memorial ” shall be carried through the mails at the usual rate of printed matter, to report it back without amendment and with a recommendation that it pass and I also ask for its present consideration. this but 6 lines and Will lead to no debate. There bein no objection, the Senate, as in ComWhole, proceeded to consider the bill, which provides that the ornamental records of the personal services of federal officers and soldiers, composed rtly of written and partly of printed matter, liiit containinglno private communications, and known as the “Soldiers Individual Memorial, " shall be allowed to pass through the mails upon the payment of the usual postge on printed matter. he bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. AMBOY and TRAVERSE DAY RAILROAD.
Mr. HENDRICKS. The ComPubLands, to whom was recommitted the bill (S.No.243) to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some oint on or near Traverse bay, in the State of Iichigan, and for the completion of said road have directed me to report the same back with an amendment; and as it is but a short bill of 2 sections, as amended, extending the time of the completion of a railroad, it might as well be passed now as at any other time. I think there will be no objection toit. B unanimous consent, the bill was consid or as in ComWhole. e PRESIDENT O tempore. The comPublic lands have reported the bill with an amendment in the nature of a substitute. The amendment only will be read, unless some Senator calls for the reading of the original bill.
Skip Skip The bill was ordered to he engrossed for a 3rd reading, was read the 3rd time, and passed. HOUSE BILL REFERRED. The bill (H.R.No. 60) to amend the 5th section of an not entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefitof agriculture and the mechanic arts, ” approved july 2, 1862, so as to extend the time within which the provisions of said act shall be accepted, and such colleges established, was read twice by its title, and referred to the comPubLands. MISSOURIMILITIA CLAIMS.
Mr. BROWN. The bill for the reimbursement of Missouri, which passed the Senate some time ago, has been returned from the House with some mine r corrections and amendments. I wish to ask the Senate to concur in them, and I therefore move to proceed to their consideration. The motion was agreed to; and the Senate proceeded to consider the amendments of the HoRep to the bill (S.No.81) to reimburse the State of Missourifor meneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion. The 1st amendment was afier the word “shall” in the 4th line of the 1st section to insert the words “by and with the advice and consent of the Senate;” and utter the word “ap oint” in the same line to strike out the wor s “a commissioner, ” and insert “ 3 commissioners;” so as to make the clause read: The President shall by apd with the advice and consent of the Senatenappoint 3 commissioners whose duty it shall be to ascertain the amount of moneysexpendedby the State of Missouri. duo.
Mr. BROWN. That amendment is simply to require the concurrence of the Senate in the appomtineut of these commissioners, and to a substitute 3 commissioners for one. I presame there will be no objection to it. I move that the Senate concur in the amendment. The amendment was concurred in. The next amendment was to insert at, the end of the 1st section the following words: and thesaid commissioners shall beauthorizedand requiied to sit as a board at someplace in the State of lissouri and shall be authorized to call witnesses before them and to examine them under oath; and said commissioners shall be authorisedto employ a clerk at a rate of compensationnot to exceed $1,500 pernnnuin.
Mr. BROWN. I move that the Senate concur in that amendment. The motion was agreed to. The next amendment was in liueone of section 2, to strike out “commissioner” and insert “commissioners, ” and after the word “proceed” in line 2 to insert “subject to regulations to be prescribed by the SecyWar;” so as to make the clause read: That the commissioners soappointed shall oeed. subject to the regulations to be prescribe by the SecyWar. at once to examine all the items of expendituremadeby said State for the purposes herein named.
Mr. BROWN. I move that the Senate concur in that amendment. The motion was agreed to. The amendment was in section 2, after t“he word “State, ” in line 11, to insert under the authority and command of Federal otheers;” so as to make the clause read: such troopsas were called into service by the Governor at the request of the U.S. Dept commandercommanding the district in which Missourimay at the time have been included, or by the express order, consent or concurrence of said commander, or which may be employedin suppressing rebellion in said State under the authority and command at Federal officers.
Mr. BROWN. I move that the Senate concur iu that amendment. The motion was agreed to. The next amendment was in section 3 line 3, to strike out “commissioner” and insert “commissioners, ” and in line 6 to strike out “ he” and insert “ the v.” The amendment was concurre in. The next amendment was to strike out the following words at the close of section 3: Or the not entitled “An act to allow and pay to the State of Missourithe amount of moneyex ended by said State in the arming and paying O troops employed in the suppressionof insurrection against the laws of the U.S., " approvedJuly 17, 1862.
Mr. BROWN. That recital is mere surplus age and has been stricken out accordin ly. I move thatthe Senate concur in that amendment. The motion was agreed to. The next amendment was in section 4,line 2, to strike out “commissioner” and insert “commissioners;” and in line 5, after the words “ U.S., ” to insert “and the regulations prescribed by the SecyWar, ” so that the section will read: That in the adjustment of accountsunder this act the commissioners shall not allow for any expenditure or compensation forservice at arate renterthan was at the time authorized by the laws of the U.S and the regulations prescribedbytheSecyWar in similar cases. The amendment was concurred in. The next amendment was in section 5 line 2, to strike out “commissioner” and insert “commissioners;” and in line 3 to strike out “he” and insert “the.” The amendment was concurre in. The nextamendment was to strike out all of section 5 after the word “Treasury” in line 5, as follows: and if from said report it shall appear that any sziiu remainsdue to the said State, he shall draw his warrant for the same.payable to the Governor of said State, and deliver it to him and in lieu thereof to insert: Shall transmit all the testimon taken by said commissioners to the SecyTreasury, and it" upon examination by the proper accounting officbeerjsusotf athned cTorerraese utr, y the account shall be found to the sameshall be paid.
Mr. BROWN. I move that the Senate concur in that amendment. The motion was agreed to. The next amendment was in section 6, line one, to strike out “ commissioner” and insert “commissioners;” in line 3 to strike out “his” and insert “their;” and after “be” and before “sworn” in the same line to insert “severally, ” in line 5 to strike out “he” and insert “they, ” and to strike out “his” and insert “their, ” in line 7 to strike out “he” and insert “they, ” and in line 8 to strike out “his” and insert “their, ” so that the section will read: That the commissionersto be appointed asafore said shall, beforeproceedingto the discharge of their duties. be severally sworn that they Will carefully examine the accounts existing between the U.S and the State of Missouri, and that they will. to the best of their ability. make a iu. ttrue and impartial statementthereof. as required by this act. They shall receive such compensation for their services as may bedetermined by the SecyTreasury. The amendment Was concurred in. The next amendment was to add to the end of section 6 " not exceeding ten dollars perda for each do. of actual service.” T
Mr. BROWi. I move that the Senate concur in that amendment. The motion was agreed to. The next amendment was in section 7, line 2, to strike out “$6, 775,000, ” and insert “$8 45, 089 65.” O
Mr. BR. WN. That is a clerical mistake which has been corrected in the House, reducing the amount that much. 1 move the concurrence of the Senate. The amendment was concurred in.
The President protempore. That completes the amendments of the HoRep. COLLECTION DISTRICTS.
Mr. CHANDLER. The ComCommerce, to whom were referred the amendments of the HoRep to the hill (S.No.199) to establish the collection district of Port Huron, and the collection district of Michigan, and to extend the district of Puget Soun, have directed me to report them back with a recommendation that the Senate concur in the amendments. As they are very short, I ask for immediate action upon them. The Senate proceeded to consider the amendments of the HoRep. The 1st amendment was to strike out all after the enacting clause of the 2nd section and in lieu thereof to insert the following: That the Territories of Montana and Idaho be, and the sameare hereby. madea new collection district to be called the district of Montana and Idaho, and that a collector. With the samesalary as is abovepro vided for each of the cqllectersof Port Huron and Michigan, shall be appointed to reside at the ort of entryin said district, which shall be designate by the SecyTreasury. The amendment was concurred in. The next amendment was to add the following as an additional section: SEC. 3. Abife:, That the collection district of Penolise ot. in the State of Maine, shall hereafter be called the district ot Castine. The amendment was concurred in. The next amendment was to amend the title of the bill so as to read: An act to establish the collection district of Port Huron. the collection district of Michigan, the collection district of Montana and Idaho, and to change the name of the collection district of ienobse ot. The amendment was concurred in. REMISSION or DUTIES.
Mr. CHANDLER. The ComCommerce, to whom was referred the bill (S.No.255) to remit and refund certain duties, have directed me to report it back without amendment and with a recommendation that it pass.
Mr. SHERMAN. As that bill is very short and I think will not be objected to by any senator when he hears it read, I ask for its present consideration. It ought to be acted upon at once. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill, which authorizes the SecyTreasury to remit, or, if paid, to refund, any duties levied on produce shipped from any part of the U.S. to a port of the U.S. via Canada, if the produce was actually in transitu and detained by ice when the recent reciprocity treaty with Canada expired.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. USE OF HALL FOR LECTURES. Mr. CLARK. Last evening I made a motion to reconsider the vote adopting the resolution granting to Mrs. Walling the use of this Hall on Tuesday next. I now ask foraction on that motion.
The PRESIDENTpro iempore. It is moved that the Senate reconsider its vote grantin the use of this Chamber to Mrs. Walling on Tues day evening next. The question is on the motion to reconsider. The motion was agreed to. JOHN T. JONES.
Mr. DOOLITTLE. I am instructed by the ComIndAffrs, to whom was referred a bill (S.No.122 for the relief of John T. Jones, an Ottawa ndian, for depredations committed by white persons on his property in Kansas Territory, to report it back with a recommendation that it pass. If there be no objection, I should like to have the bill considered at the present time. A similar bill has been hereto ore considered by the Senate, and has once passed the Senate.
Mr. POTIEROY. It passed the Senate twice.
Mr. DOOLITTLE. I am corrected by the Senfrom Kansas; it passed the Senate twice. I ask that that bill be taken up for consideration. By unanimous consent the Senate, as in ComWhole, proceeded to consider the bill, which directs payment to John T. Jones of $6 700, in full for depredations committed upon his property by white persons, that being the amount adjuded by the CommtIndianA to he the value of the property destroyed.
Mr. DOOLITTLE. I will explain the bill in a single moment. As the Senfrom Kansas has stated, it has twice passed the senate. This John T. Jones was a member of an Indian tribe in Kansas, and as long ago as the troubles in Kansas, in 1856, his house was burned and its contents consumed. Under the non-intercourse law, as it then stood, the Government of the U.S. was liable to pay damages committed upon Indians at peace with the U.S.; but the law technically required before the damages could be aid, that he should make proof that hehad endeavored to pursue the party who was ilty of the crime and to rave the identity of the person who committed the offense. Technically, therefore, the claim could not be paid by the Indian Dept, and it was so decided by the SecyInterior. But on investigation into the affair, under the direction of the SecyInterior, it was found that the transactions in Kansas were in the nature of a civil commotion or civilWar, during the difficulties there in 1856, and that it was unjust to insist that he should strictly comply with the terms of the law in order to prove the damage done by the particular individual. It has therefore been recommended from that time to the present by the Dept that this relief slionld be granted. The petitioner, in settin up his claim for damages, sets up not only the actual damage but a claim for arge consequential damages loss of business, and things of that sort; but that has been rejected both by the Dept and by the committee. The amount reposed to be appropriated is the amount of the actual damages sustained by him by the burning of his house and his furnitiire. The amount is $6, 700.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ALMON W. BABBITT.
Mr. DOOLITTLE. The ComIndAffrs, to whom was referred the bill (H. R. No. 150) for the relief of the administrators and securities of Almon W. Babbitt, late Secretary of Utah, have instructed me to report it back without amendment and with arecom niendation that it pass. If there be no matter pressing, I should like to have it disposed of now. There being no objection, the bill (H.R.No. 150) for the relief of the administrators and securities of Almon W. Babbitt late Secretary of Utah, was considered as in ComWhole. It recites that Almon W. Bab bitt, as SecyTerritory of Utah, in the summer of 1856, had advanced to him by the Treasury Dept, at the city of Washington, $26, 500 that aportion of this sum was properly expended by him in the purchase of stationery, carpeting, and other property for the Offices of the Territory, and in the purchase of oxen and wagons to transport the property, together with a quantity of books, belonging to the Territory, from Council Bluffs to Salt Lake City; and while upon the route, not far from Fort Kearney, Ba bitt and most of the men with him were murdered, the teams taken, and property destroyed by Indians; and there is now standing against Babbitt upon the books of the Treasury Dept a balance of $12, 972; and it is satisfactorily proven that the property destroyed by the Indians amounted in value to a sum larger than said balance. It is therefore proposed to release and discharge the administrators, heirs, and securities of Babbitt from the payment of the balance, and from allliability on account of the same and of the moneys received from the Treasury Dept by him.
Mr. OOLITTLE. The bill has passed the House, and there is a briefre ort made by the House committee. I have ooked into the papers and can state very briefly to the Senate the facts. This man Babbitt was the secreta of the Territory of Utah. The sum state, $26, 500, was paid to him. He at Council Bluffs started a train to go across to Utah, and purchased some oxen an teams, and furniture, &c., for the offices in the Territory. About a week after, he started himself with a buggy and mules, and in his trunk was placed about 20,000 dollars in gold. He had also along with him some drafts of the U.S. His train was attacked by the Cheyenne Indians and destroyed, and all the persons were destroyed but one, and the oxen and property were taken away by the Indians. He followed on. He himself was attacked and killed and his buggy and trunk rifled. Papers were subsequently found scattered about upon the route, amongwhieh were found some drafts which came back to the Treasury, and those drafts being allowed have left the balance stated in the bill upon the books of the Treasury due from him. e was killed, and his sureties and administrators have petitioned that under the circumstances they should be released. That is the substance of the bill. I think the amount is about 13,000 dollars. It is not asking for any appropriation, but that the sureties should be released. I think it is inst.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. DEATH OF SENATOR FOOT.
Mr. MCDOUGALL. Mr.President, Ifeel that I should not slumber wcll to night without the utterance of one word to dignif the late Senfrom Vermont. Myrrh an frankincense were the symbols of praise in the old Hebraic, and that praise it was supposed went up above. There is another lesson in another school, perhaps as ancient but not as anciently reco ed, that the dead rested in theircaves until their praises were hymned by the songs ofbards, and then they were freed from their caves and went to the heavens. It is my impression that the late Senfrom Vermont was one of the noble men who adorned this Senate, adorned our Government, and distinguished his State as Vermont has been distinguished. There is something in her pine clad hills and tall mountains that makes great men. I do not know the man with whom have met in the tide of my own times who was better fitted for public service than the late Senfrom Vermont. Every one in the Senate Chamber felt, when he came here to present himself, whether in the Presidents chair or in his own seat on the other side of the Chamber, that he was an ornament to the Senate, both intellectpally and morally. It.would be difficult to convey informal words the due compliment that all of us owe him, to give him the fullness of his merit. I feel it due to myself, out of respect for him, his high office, and the manner in which he conducted himself in his high othee, to say this much in his raise; and if I had a harp like David I would sing to him as David sang to Saul. The resolution was unanimous] adopted.
Mr. POLAND. I move that t 0.Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnunsnn, April 12, 1866. The House met at 12 o clock m. Prayer by the Chaplain, Rev. C. B. Born row. The Journal of yesterday was read and approved.
Skip Skip LEAVE OF ABSENCE. Mr. COOK asked and obtained leave of absence for 2 weeks for his colleague, Mr. Cannon. EQUALIZATION of BOUNTIES.
Mr. NEWELL. I ask unanimous consent to present a memorial, signed by 8,000 soldiers of the States of NewJersey and NewYork, in relation to the equalization of bounties.
Mr. WENTWORTH. Cannot this petition be presented under the rule? I have always handed in those i am charged with in that way.
The SPEAKER. The petition will be presented under the rule, objection being made to its presentation in the House. PAYMASTERS ACCOUNTS.
Mr. WASHBURN, of Indiana, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Resolved.That the PaymusterGeneral of the army be requestedto furnish this Housewith the namesof the paymastersand additional paymusters against whom stoppaies are now standing and the nature and causeof t u some.
Mr. FARNSWORTH subsequently said: I move to reconsider the vote by which the House adopted a resolution a few moments ago in relation to the accounts of paymnsters of the Arm. I do it because I think great injustice will be done those officers through out the country by dragging their names before the public as having stoppages against them in their accounts. Now, we all know that these sto pages are caused by the confusion of the orders which have been issued, and in consequence of which they have in many cases hou estly disbursed money, and stoppages are now charged against them on that account.
Mr. STEVENS. I desire to say in addition to what has been said by the Gentfrom Illinois, [Mr. Fmxswonrnd that gentlemen must be aware that the accounts of these paymasters are settled up to only about 3 years of this time; and in the mean time all the bal ances they hold in their hands stand charged against them.
Mr. SCHENCK. I desire to say th.at there are a vast number of persons who are the secu rities and boudsmen of these paymasters, who will be alarmed and a general panic created if these accounts are made public while yet unsettled and inan inchoate condition.
Mr. wASHBURN, of Indiana. There is a bill now pending for the relief of paymasters who have sto pages against them; and it is urged upon the groun that those stoppages ought never to have been charged against them. Now, I want the House to be able to not knowingly upon this bill, to be put in possession of the facts in the case. If these faymasters have a great load upon their should ers, I want the House to know what the extent of that load is. I am notafraid ofany panic. But before we pay out this half a million of dollars, I want the House to know the facts in the case; and this is the only way in which we can get them. in the memorial which has been laid upon my desk, they claim that they have no access to the records, and that they cannot find out what is charged against them; and for this reason they ask that a bill for their relief shall be passed. Now, I ask that we, having authoritv, shall endeavor to obtain that information which they in their memorial express a desire to have.
Mr. GARFIELD. It seems to me an unprecedented proposition that we should drag up a large list of unsettled and unadjudicated accounts, and publish them to the world in their present condition, when many of them have not ecu brought down to a later period than 2 cars ago. such a proceeding would be calcu lated to disturb unnecessarilyall the bondsmen of the inymasters, to alarm without sufficient cause almost every person concerned, and to do injustice, in my judgment, to all parties. Moreover, I think it would be impossible for the PayMGen, at the present time, to make any intelligible statement of these accounts without the very greatest trouble and labor. This resolution proposes an unprecedented and very improperroceeding. hope that the motion to reconsiderwill be adopted.
Mr. SCHENCK. The Gentfrom Indiana, [Mr. wASHBURN] if I correctly understand him, stated that the ComMilAffrs hadbeen unable to get any information in regard to the amount of stoppages to guide legislation on this subject. Sir, there has been no complaint of that kind on the part of the committee. The committee have been able to ascertain as a general fact about the average of stoppages; and Istated it yesterday to the House as a reason for legislation. But we have not, it is true, gone pryin" into the accounts of individuals; nor, if we had obtained such information, would we have undertaken to spread it before the House or the country in debate, for the very reason which has been urged against this resolution, that these accounts are in an unadusted condition, having been settled for only the 1st year or 2 of the war, and also because apanic would be created among bondsmen if this very unsatisfactory and in many respects unfair information should be spread before the country. A general knowledge as to the sto pages which have been made and this genera knowledge is all that is needed for the purpose of legislation we can obtain and have obtained by inquiry at the pay Dept, without going into an inquiry in reference to the account of each individual who may have served as a.paymaster, and whose accounts may be under consideration by the properaccounting officers of the Government. I hope that the motion to reconsider will prevail, and that the resolution will be reected.
Mr. FARNSWORTH. As there wilf be an opportunity fordise ussion of this general subject when the bill comes up, I call for the previous question.
Skip Skip The previous question was 2nded, and the main question ordered, and under the operation thereof the mtR agreed to. The question then recurred on agreeing to the resolution.
Mr. WENTWORTH. I am disposed to favor this call for information; but i its effect will be to delay the action of the House, I do not know that I would insist that the resolution should be passed. But, as I understand, these paymasters want us to rush through legislation in the dark. I know that there are a great man of these paymasters who want to be relieve; and I wish to know the circumstances of the case. If there should not, among some 100s of paymasters, be one or 2 dishonest men, it would be very strange. consequently, I wish tounderstand all the circumstances before I vote on the question. If I were asked this morning, “ Who constitute the p“oulation of this capital?” I would answer, aymasters.” and here upon my desk I find a pamphlet asking prompt and immediate action that if we do not get it through right away we will not ct it through at all. I ope honest aymasters will trust themselves in our han s, as we have trusted them. Cannot they trust this House? I hope the chairman of the ComMilAffrs will not crowd this on the House today or tomorrow or the next day. Let us legislate with our eyes wide open. I ask the chairman whether he will ress this today. I
Mr. SCHENCK. I have no disposition “to crowd” the House. This bill was brought u by the ComMilAffrs, and do not believe a single paymaster knew when it was to be broughtin. I do not believe there were any in the House. It is the easiest thing it}: the world for men to get up and make c arres.
Mr. WENTWORTH. What is this pamphlet put upon our desks for?
Mr. SCHENCK. Their attention was at tracted by the fact that the matter was debated here yesterday, and they very properly desired to submit a statement in reference to their interests. They have a right to do so. If the Gentfrom Illinois will read the pamphlet attentively he will know more about the subject perhaps than he does now. I have no objection to its being placed here. I have not had time to read it. he little I have seen of it commends it to my a probation. I know the facts there are true is legislation is proposed for the public benefit, and has been drawn from the best lights before the committee. It is not true
Mr. CONKLING. I rise to a point oforder.
The SPEAKER. The Gentfrom NewYork has risen to a question of order, and that arrests all proceedings.
Mr. CONKLING. I wish to know whether the bill is now before the House. If it is not, I object to this debate.
The SPEAKER. The resolution is before the House, and debate of that resolution is in order.
Mr. CONKLING. the billisnotbefore the House.
Mr. WENTWORTH. I have only yielded to the Gentfrom Ohio, the chairman of the ComMilAffrs. He is the only man capable of giving information on the object. [Lnu hter.
Mr. CHANLER. I rise to a point of order.
The SPEAKER. the Gentleman will state it.
Mr. CHANLER. Application to the Chair or information is always in order.
The SPEAKER. The gentleman cannot take the floor from another gentleman to do so.
Mr. CHANLER. O one seems to have the floor.
The SPEAKER. The Gentfrom Ohio has the floor.
Mr. wENTWORTH. Mr. Speaker, if I can be excused from answering any more questions for a moment or 2 I will explain my views. No information is fit for me, as a legislator, as one of the guardians of the Treasury of the U.S., that is not in itself official. No man can legislate without official information. I suppose the chairman of the ComMilAffrs is official authority. He has stated to this House, or some one has done so with his sanction, that these accounts are not settled up within 3 years; and some say more than that. We are asked to legislate in the dark. We are asked to pay gentlemen their accounts without knowing how much we give them or under what circumstances we O it I would like to hear the chairman of the ComClaims on this subject, and I will yield to him ten minutes for that purpose.
Mr. DELANO. I understand this resolution is for the purpose of obtaininginformation touching a measure that was before the House on yesterday, and which proposes to allow to paymasters a commission on all moneys that they have disbursed. That measure Will take out of the Treasury, if it is adopted, 2 and a half million dollars or more. here has been paid out by the paymasters, as I understand, over $1, 028,000. he chairman of the committee will correct me if I am wrong.
Mr. SCHENCK. I will state that there is an amendment proposed and concurred in which will rerent the payment of a single cent out oft leTreasury.
Mr. DELANO. There i an amendment, I know, that limits the amount, so that no paymaster shall receive in the aggregate more than $1,000 perannum.
Mr. SCHENGK and a further amendment that there shall be no payment except to cover stoppages on account of irregularities, so that no margin beyond thatwill be paid, and nothing will be aid out.
Mr. WENTWOltTH. I exset to be compelled to vote a great deal O money out of the Treasury during this session, but I would at the same time like to know how much moucyI am votin out of the Treasury. I desire, therefore, that the bill shall go to the Committee of Claims; I have confidence in the chairman of that committee, [Mr. DELANO] and, as I understand, the President has confidence in him. [Laughter]
Mr. DELANO. I would like to know the gentlemans authority for making that statement.
Mr. WENTWORTH. I cannot reveal private conversations. [Lau hter.] I understand that my collgeaguefrom Illinois, Mr. FARNSWORTH] wants the floor for about 5 minutes; I yield the floor to him for 5 minutes.
Mr. FARNSWORTH. Mr. Speaker, some time ago I do not remember liow long I introduced a bill into this House, which was referred to the ComMilAffrs, for the relief of paymasters. It was not done upon the request or at the solicitation of an paymasters at all, but from my general knowied e of the fact that all paymasters who have disursed money to the troops in the field during this war, probably without exception, have stoppages against them for moneys paid from errors in the construction of the law by the paymasters. There are sto a as a nst them lbr disbursements which thliapllir Dept says were contrary to law; and any Gentleman acquainted with the orders which have emanated from the War Dept the mul tiplicity and confusion O orders construing acts of Congress must know that the paymaster must be a very wise man indeed who could steer through them all without being charged with Nowst, oppages. t9bill thatI introduced provided that the properaccounting officers of the Treasury should credit to paymasters in the settlement of their accounts moneys actually disbursed to troops in good faith. The House willunder stand that the troops have ot the money and not the paymasters; the soldiers have got it. In some instance, perhaps, they have got money where they ought. not to have done so. But in my opinion, in most instances where these stoppages are charged against paymasters, they did pay the money in pursuance of law. But there is a difference of opinion among the officers of the PayMGens Dept as to the law. The paymasters are now in this predicament: there arestoppa es againstthein, not for money the have swm led the Government out of but or money disbursed in good faith. I think a bill of that kind ought to be passed. A bill of that kind must be passed some time or other.
Mr. WASHBURN, of Indiana. I rise to a question of order. The gentlemans bill is not here for discussion, and a discussion of his biLl is not in order.
The SPEAKER. The Chair overrules the point of order. The resolution certainly opens up a very wide scope of debate.
Mr. FARNSWORTH. Now, I have but a word more to say in conclusion, and that is this: I hope the resolution of the Gentfrom Indiana [Mr. WAsuiiuas] and the billfor the relief of paymasters will be referred to the ComMilAffrs, and that they may, either with or withoutinst ructions to that effect, report some such bill as the one to which I have alluded. That bill will operate equally upon all the paymasters of the Army, while the quarter%. bill does not. As I said before, some paymasters have disbursed more money than others, and some have been placed in positions of more responsibility than others; an under the carter%. bill some would moire much arger compensation than others. But a Wm apply to money actu ally disbursed in goodmhw illaperate equally upon all paymasters, and, in my opinion, is but a simple act of justice.
Mr. WENTWOILTH. Ihaveaccomplished my object in calling the attention of the House to this subject. Perhaps it will be in order at this point for me to ca that we cannot be too slow in passing bills O a general character. It is unfair that one dishonest paymaster, or one dishonest man, or one dishonest claim should ride 99 honest ones through this House. Now, I am perfectly willing that this whole matter should be recommitted to the ComMilAffr, but I would much rather that all these things should go where I am obliged to send in claims for the poor one armed and one legge soldiers, to the ComClaims; but if the House shall decide otherwise I shall not object. I now yield the remainder of my time to the Gentfrom Indiana, [Mr. Wasnauau]
Mr. WASHBURN, of Indiana. I introduced this resolution in good faith, as I supposed the paymasters an those who represented them upon this floor wished for the information it calls for. I find laid upon my table this mornin a printed paperaddressed “to the honors le ComMilAffrs, HoRep, " and entited “Application of Army paymasters for relief, ” and signed by persons claiming to be “ late additional paymasters U.S. Army.” In that paperI find this statement: “Paymastors accounts have been settled only to April. May and June. 1863. Not having accessto the official papers of the accounting officers we are enabledto exhibit to the committee only such disal lowed balancesas have beenoflicially reported to us in our own cases. Theseare as follows: Major Anthony TenEyck, settleui t to May 31. "$25.02 89 Major John Coon, sottle ment to 30, lot“ 21 89 My resolution is simply that the PayMGen be requested to furnish to us the names of such playmasters as have sto pages charged against t cm and the cause fort ose stoppages. Now, the chairman of the Military Committee [Mr. SCHENCK] evidently inisunderstands my resolution. Being a military man he understands the technical meaning of the word “stoppages, ” and that no stoppages can be made to any paymasters account until that account has been settled. If there are unsettled balances standing against those pay mastlers they do not come under this resolution at ul.
Mr. SCHENCK. The gentleman is entirely mistaken; these stoppages are not madein the PayMGens office, but in the office of the 2nd Auditor.
Mr. WASHBURN, of Indiana. I do not care where they are made. They do not go to the 2nd Auditors office until the stoppages are made; and the stoppages are not made unless the Dept has some good reason to believe that wrong and improperpayments have been made, or the money has been fraudulently disposed of. Now, the only point involved in my resolution is this: are we to have the names of the pay inasters that have stoppages charged against them, and the amounts and causes of those steppages; or shall we say simply that every paymaster has been making mistakes and needs the payment of this quarter of 1%.? This is simply askingfor information, and information only in regard to these claims that have been examined by the properaccountin officers, and which the properaccounting offig cers have decided should not be allowed. I now call the previous question on this resolution.
Mr. SCHENCK. I hope this resolution will be referred to the ComMilAffrs.
Mr. wASHBUltNE, of Illinois. I hope the Gentfrom Indiana liMrWAsusUax] will consent to have this resolution referred to the ComMilAffrs.
Mr. DAVIS. Willt c Gentfrom Indiana withdraw his call for t ic previous question, and yicld the floor to me for a few moments I
Mr. DAVIS. I desire to say merely that if it is important now to have this action in regard to the aymasters of the Army, there are just as goo and important reasons why there should be similar action in regard to quartermas ten
Mr. DAVIS. Commissarics of subsistence, and all disbursing officers in the field and I can show how that should be done. I understand, from persons connected with those Depts, that the same difficulties exist in those cases as in this case.
Mr. SCHENCK. The gentleman will per mit me to say that the quartermaster and commissary are in each case protected by the order of the commandin Officer in the field; and the accounting officer oes not go behind that. The paymasters have no such protection. They are required to make their payments under the eiristing laws and regulations whatever they may be, without bein irotccted by any direction or order of any of the officers commanding in the field. This is the reason why interference has always been found necessary in behalf of paymasters, while it has not been needed in other cases.
Mr. DAVIS. I have made my statement upon the authority of a quartermaslei in the Army. Imay have been misled. Duuutless the chairman of the ComMilAffrs is Well informed on this subject. But I say that, if this Government is to afford relief, it should afford such relief as justice demands, which is to the full extent that parties maybe deficient in their accounts, provided there has been no neglect or fraud. submit that justice requires, not that every claim of pay asters should be sent to congress for adudication, but that we should by law establish a board of officers for the purpose of examining all these accounts; a board of intelligent and competent men, who should be authorized to make an allowance to the credit of the officer wherever equity and justice demand it. I desire to submit to the consideration of the ComMilAffrs the propriety of such a measure.
Mr. WASHBURN, of Indiana. previous question.
Skip Skip The previous question was not 2nded, there beingayes 22, noes 74. Mr. FARNSWORTH. I move that the resolution be referred to the Committee on Mil itaryAffairs; and on that motion I demand the prevrous question. The previous question was 2nded and the main question ordered; and under the operation thereof the motion to refer the resolution to the ComMilAffrs was agreed to. PAYMASTERS or THE ARMY.
The SPEAKER. The 1st business in order is the consideration of House bill No. 475, for the relief of paymasters of the Army, which was pending when the morning hour closed yesterday, the House having refused to 2nd the demand for the previous question. The Gentfrom NewYork [Mr. Conunmo] is entitled to the floor.
Mr. SCHENCK. If the Gentfrom NewYork will yield to me a moment I desire to propose
Mr. CONKLING. I desire to make a proposition myself. Yesterday I unsuccessful y sought to obtain from the chairman of the ComMilAffrs an opportunit to make a suggestion, and by his leave I will avail myself of the opportunity which I now ave., Mr. SCHENCK. I have no objection to the gentleman talking any len h of time he may desire; but will he not car me for a moment?
Mr. CONKLING. I prefer to make n.suggestion of my own, and I have a motion to make with reference to this bill. I ask that the bill be read.
Mr. CONKLING. Mr. Speaker, in common, no doubt, with many other members of this House, I have received from some of the gentlemen who have acted as additional paymasters statements of the hardship which infer this bill is intended to remedy. From the letters of these gentlemen, as well as from the memorial laid upon our desks this morning, I infer that the diflibulty is that mispayments and over payments have been unavoidably made by paymasters amid the vicissitudes and disturb ances of war, and the object of the Military Committee was doubtless to relieve these officers from the difficulties and responsibilities thus entailed upon them. But, Mr. Speaker if I can get the attention of the members of the ComMilAffrs, I desire to submit to them that this bill as it has now been amended fails in the 1st place to accomplish the object I have suggested), and in the 2nd place it provides twice over for what in truth it does accomplish. I t provides, in the 1st place, that one quarter ot"1% shall lie paid to these paymasters upon all sums which theyhave disbursed, the maximum not to exceed $1,000 in anyone year; and then, in addition to this, it is provided by an amendment proposed by the Gentfrom Ohio, Mr. Snitnixm] that the accounting officers of the Treasury Dept shall allow all payments which have been made in good faith, whether warranted or not. I call the Then the proviso is offered by the Gentfrom Ohio, [Mr. BINGHAM] by which the doctrine of offset is to be applied between the allowance of 1% and the stoppages and discrepancies which up carupon the books. Now, I think every gentleman will see these provisions are duplex and unnecessary. I think they will see the object demanded by justice of the House is simply one which will indemnify honest officers for mistakes which they have made. At this point I ask to have read a substitute which I have for all of this bill after the enacting clause.
The Clerk read, as follows: That the properaccountingofficers of the Treasury be and are hereby. authorized and dIrected, Ill the settlement of the accounts of paymastersand additional paymasters of the Army for disbursements madeby them during the recent war for the supresson of the rebellion, to allow acredit to 851 paymastersand additional paymusters of all sumsw ioh theymy have paid on erroneousmuster rollswhich they h no meansor opportunity to verify prevrous meansor opportunity shall be furnished according to such rules and regulations as shall beprescribedby such accounting officers.
Mr. conKLING. Mr. Speaker, the House will feel that such an amendment as that has 2 merits. In the 1st place, it avoids the doctrine of having a graduation of this by a%age, which Itink the House will see is most unjust and erroneous itself; for this reason among others: the paymasters who disbursed the largest sums of money in many instances have been located in the cities, who, while they aid troops in the field, or destined for the field: yet have paid them under such circumstances that absolute certainty could be reached. These men do not need relief; the disbursements they made are so large that the 1%age would give them more than those for whom the bill was designed. The amendment would avoid that. In the next place, it would give the accounting officers a discretion guarded by suitable provisions to indemnify not to compensate, not to ay, not to favor in any way, but to indemnify every paymaster against mistakes which he has made inadvertently and in good faith, owing to defects in the muster rolls, the confusion and obse urity of orders, or to any of the causes set forth in the memorial laid upon our desks and in the letters we have received. All would fall within the purview of the amendment I have offered and as there seemed to be no objection to it on the part of the ComMilAffr, I propose to move before I take my seat that the bill and substitute be referred to that committee.
Mr. SCHENCK. That was the motion I was going to make.
Mr. CONKLING. I have no doubt, but I thought it would not be amiss for other gentlemen to make an estions.
Mr. FAltNSWORlH. Let it be agreed that the ComMilAffrs shall have authority to report at an time.
Mr. CONKLING. that can be done afterward, as it requires unanimous consent. I yield to the Gentfrom Indiana.
Mr. FARQUHAR. I move to amend by providing for quartermasters, commissaries, and other disbursing officers.
Mr. CONKLING. There are provisions of law applicable to those which are not applicableto mymasters.
Mr. FARQUHAR. Iask leave only to offer the amendment. I do not understand that an similar law has been passed for the officers havementioned. I do not know how the line of distinction is to be drawn between them and paymasters I remember a suggestion of the chairman of the committee, Mr. Sensx exd that the quar termaster and the commissary are protected by the order of their superior officers. That may be the fact in some cases; but I put it to the distinguished gentleman to know whether a quartermaster or a commissary on duty is, protected in the disbursements he makes by any. superior officer and I ask if that large class i ofotheers of the regular Army, who disbursed to the payment thereon. evidence of which lack of milions of money during the war, are not on titled to the same protection that paymasters are to receive by this bill. A large amount of advance bounties, all of the expenditures of the Army in the several States in the organization of all the troops, have been disbursed, not by paymnsters, but by disbursing officers of the regular Army. large proportion of these men were taken from civil ife, just as were the paymasters of the volunteer army. They were unacquainted with the duties of disbursin officers, just as the paymasters of the vo unteer army were unac uainted with the duties of the pay Dept. hey have gone into the performance of their duties without that experience of the paymasters of the regular Army. They have gone into the performance of that duty, and notwithstandin some men of ability and general business notifications have takenthese positions, diflicu ties have arisen in their disbursements precisely like those which have arisen among the paymasters, only greater.
Mr. conKLING. I ask the gentleman whether the Officers of whom he is speaking are not staff officers and whether their respon sibilities and oblitions do not rest on something entirely dirent in point of machinery from that of officers of whom we are speaking.
Mr. FARQUHAR. I admit thatin one sense these disbursing officers may be staff officers, but they are so simplyby being at a post where there is a comman ant, and very often it happened during the war that the disbursing officer lies been the Officer in command himself, and he was not a staff officer. In the early stages of the war, at n time when there were no commanders of Depts in the States that were not in rebellion, the officer in cha e of disbursements at the several posts was imself a commandant, and therefore he was not, in the sense in which the Gentfrom NewYork [Mr. Comma] suggests, a staff officer.
Mr. GARFIELD. Does not the gentleman recognize this difference in the 2, that while the paymaster is never bound to obeythe commander at the ost, the quartermaster or commissary is? erefore, when the order comes for payment, the quartermaster is bound to pay, but the paymaster is responsible only to the law.
Mr. FARQUHAR. I want to call the attention of the gentleman to the fact that all of the advance payments of bounty were paid by the disbursing officers and not by the paymasters; and that all the expenditures in the several States, in the organization of troops or in the encampments, were paid by the disbursing officers from the Arm and other officers detailed from the regular Army. They are officers, it is true, not under form; no sure ties are resonsible for them, but they are responsible individually. The only difference between them and a masters is, that the disbursing officer is individually responsible for his acts while the paymaster is liable to his surety. I cannot, therefore, see where the line of distinction comes in by which the paymaster should be protected and the disbursing officer should not. It is not my pnr ose to interpose objection to the pending ill. I concede the claims of that meritorious class of officers for properrelief, but cannot discriminate between them and those named in my proposed amendment. I hope that some meas remay be adopted affording relief to all.
Mr. CONKLING. I will now yield to my colleague, [Mr. HOTCHKES] who desires to say a few words.
Mr. HOTCHKISS. As the law now stands, under the act of the 38 h Congress the accounting officers can settle all accounts with the quartermaster and commissary, except for moneys paid out by them; and it hap pens in frequent instances that the commissa ries and quartermasters have been robbed of their vouchers and papers by the enemy. In such cases they have to come to Congress for relief. The accounting officers have to be authorized to accept other proof than the ordinary vouchers. 1his bill contains age lei n] provision authorizing the accounting officers to accept other proof of the payment of money.
Mr. SCHENCK. I will state to the gentlemen that the other day we passed a bill 00v ering all these cases of loss of vouchers. It seems to me that the Gentfrom NewYork is mixing u 2 things which have no relation to eae other is bill relates entirel to a masters.
Mr. WRIGHT. Will the Gentfrom Ohio allow me to say a word I
Mr. CONKLING. I must object to further conversation on this subject. Iwill yield now to my colleague, [Mr. 03315.]
The SPEAKER. That cannot be done during the morning hour. The House has ordered that the morning hour shall not be interfered With.
Mr. CONKLING. I now move the previous question on my motion to recommit.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill with the pending amendments was recommitted to the ComMilAffrs. Mr. CONKLING mtRtv the bill was recommitted; upon the table. Agreed to.
Mr. FARNSWORTH. I now ask unanimous consent that the ComMilAffrs have leave to report the bill back at an time. {in RANDALL, of Pennsylvania. I object. oosrnnnsen nnronr.
Mr. WASHBURNE, of Illinois. I rise to a privileged question. I desire to make a report from a committee of conference. That is a highly privileged question.
The SPEAKER. A report from a conference committee is very high privileged, as the gentleman states; but the house has ordered unanimously that the morning hour shall not be interfered with by any business whatever. The object was to enable the committees to be called without interruption, and thus present their business to the House. The Chair, therefore, has ruled that election cases and other questions of privilege cannot interfere withthe morning hour. In the expiring da s of the session, when the exigency of the public business justifies it, the Chair would be disposed to relax this strict ruling.
The SPEAKER then proceeded to call the Committee on Foreign A airs for reports. GUNBOAT FOR LIBERIA.
Mr. BANKS, from the ComForAffrs, reported back, wifii the recommendation that it do ass, bill of the Senate No. 229, to authorize t POTUS to transfer a gunboat to the Government of the republic of Liberia. The bill authorizes the President to transfer to the Government of the republic of Liberia.any one of the gunboats now or included in the Navy of the U.S. afieerr armament, &c., which may be acceptable to that Government, and which can, in the judgment of the SecyNavy, be conveniently spared for that purpose; and upon a valuation to be fixed by him, the SecyNavy is authorize and directed to enter into a contract with any person duly empowered by the Government of that republic, by which that Government shall engage to pay to the U.S. the value of the gunboat to be so transferred, provided that the contract shall stipulate for full reimbursement to the U.S. of the value of such gunboat in annual installments not exceeding ten in number, with interest on each at 6%. perannum.
Skip Skip Mr. BANKS. I demand the previous question on the bill. The previous question was 2nded and they main question ordered. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. BANKS mtRtv the bill was passed; upon the table. Agreed to. JAMES G. CLARKE.
Mr. PATTERSON, from the ComForAffrs, rerted back, with the recommendation that it O pass, the bill of the senate No. 248, for the reliefofJames G. Clarke. The bill directs the SecyTreasury to pay to James G. Clarke the sum of $6, 483 96, in full for his services as charge daffaires of the U.S. at Brussels, from June 11 1857, to September 27, 1858.
Mr. vlmsnnuns E, of Illinois. I rise to a question of order. I submit that as that bill makes an appropriation, it must have its 1st consideration in ComWhole House.
The SPEAKER. The Chair sustains the point of order; and the bill is referred tsa ComWhole House. IMMIGRATION OF CRIMINALS.
Mr. ORTH, from the ComForAffrs, reported back, with the recommenation that it do pass, JtResolution of the senate No. 45, protesting against the pardon by foreign Governments of persons convicted of infamous offenses on condition of emigration to the U.S.
Skip Skip The JtResolution was read at length, and then read the 3rd time, and passed. Mr. ORTH mtRtv the bill was passed; upon the table. Agreed to. ARTESIAN WELLS IN THE TERRITORIES.
Mr. RICE, of Maine, from the ComTerritor, reported back House JtResolution No. 82, to acilitate communication with the Territories of NewMexico, Arizona, and Colorado. The JtResolution was read at length. It provides that whenever any loyal citizen of the U.S shall make and establish an artesian well on the line of an mail route in NewMexico, Arizona, Colorado , or in the Coloraldo {desert of, California, distant at least ten miles from any spmg. oi; stream of living water on such route, and a 11 e distance ff(pllgI any other artesian well, he shall be entitled to one section of publicland embracing such well, the same to be marked out and desi ated in a compact form by such citizen; an upon fil irig with the surveyor general a sworn notice of the fact that such well has been established, with.a particular description of the premises so marked) out and designated, the same shall be treated as reservedland; and after the lapse of 3 years from the date of such establishment and upon satisfactory proof made to the surveyor general in conformity to the foregoing stipulations that are water from such wells has been constant y furnished without charge to the public traveling upon such route, the inceptive right of the claimant shall be confirmed; and upon the extension of the lines of the public survey the boundaries of such sections shall be adjusted according to the lines thereof. The JtResolution further provides that effect shall be given to the fore oin by the ComrGLO, who shall have power to revise and finally determine the rights of claimants arising under this JtResolution, and to furnish evidence of title of such reservation, by patent or otherwise, with such conditions incorporated therein as may be necessary to secureand perpetuate the purposes of the ant.
Mr. WASHBURNE, of Illinois. I would like to have the Gentfrom Maine [Mr. IRios] give some explanation of this Jtresolution Mr. RICE, of Maine. This JtResolution provides simply that any person making on urtesian well and providing pure water ten miles distant from any living spring or stream or from any other artesian we l shall have the amount of and specified in the resolution. It also provides that these persons shall always keep these wells in repair and furnish at all times ure water to travelers on these mail routes. his resolution is recommended by the ComrGLO; it was drafted at his Office, and is imperatively demanded by those people who seek access to these Territo ries over this vast desert of Colorado.
Mr. WASHBURNE, of Illinois; I do not know but this JtResolution may have come from the office of the ComrGLO; butI hardly think that officer could have examined it very closely when he made this recommendation. It seems to me very much as if there was a pretty good sized cat in this meal tub. It is a provision by Congress whereby parties may go anywhere upon lands that are not surveyed, and by boring an artesian well get a full title to a section of land of 640 acres. Now, I undertake to say that if my friendfrom Maine [Mr. RICE]W1ll trot e this proposition out, he will find that it had its inception with some speculator who wanted to secure a valuable town site. I am aware how important it is to people in these Territories to have a good title to their lands, and also how important it is for speculators who desire to build up towns to have a good title to their property and I confess this is a mostingen ious way of takin sections of 640 acres of Iand each out of the mass of public lands and have titles granted to particular parties there upon doing what they would do any way if it was for their interest. Now, sir, so far as I have read this resolution, and so far as I can conceive its objects, I am entirely opposed to it. I do not believe it is right for us ere, under the provisions of this resolution, to grant away the title to a section of land wherever these parties may choose to sink an artesian well. there are no properlimitations, no properguards, in this JtResolution and I trust the House will not pass it.
Mr. time, of Maine. I will state briefly the history of this whole matter. It Originated with the ComrGLO, who recommended this measure very strongly, for the reason that those vast deserts are now almost imassable by reason of the scarcity of water, and 3that there must be held out some inducement to provide water for the traveling upon these routes. people A Jtresotion similar to this passed this House in the last Congress after full consideration, and failed in the Senate only because of the late day on which it was sent to that body.
Mr. WASHBURNE, of Illinois. It ought not to have passed.
Mr. RIC, of Maine. Mr. Speaker, this bill is carefully guarded in every particular. The whole matter is under the control of the ComrGLO office. If the Gentfrom Illinois menus to cast any reflection upon that officer in the discharge of his duty, or to impugn the purit of his motives in any recommendation which [0 sends to this House, I must remind him that he is making charges against a rgentleman who is above
Mr. WASHBUltNE, of Illinois. There was nothing in my remarks which could by any possibility hear such a construction.
Mr. RICE, of Maine. The gentleman said that in this bill there was a “out under the meal.” Very properly he considers it his duty, to look after all the interests of this broad land, and particularl every measure that does not originate with imor his committee. I find no fault with him for that. I know the value of his services in this House; I know their great value in protecting the interests of this country. No man respects his devotion in that respect more than I do, but he is certainly act in under a misapprehension when he opposes this measure, which has received the approval of the ComTerritor at 2 successive Congresses, which is now reported unanimously by that committee, and whichan intelligent and able officer of this Government, well qualified to decide upon the question wisely, regards as of great importance or the development of these Territories and for the welfare of those traversing them. The bill simply provides for a donation of public land to any who will at great expense make one of these artesian wells; and it is provided that the wells shall not be within ten miles of each other nor within ten miles of any living water, and that they shall be on some mail route of the U.S.
Mr. conKLING. What is a man to receive for making a well?, Mr. RICE, of Maine. 640 acres of land, surrounding the place where the well is made.
Mr. RICE, of Maine. must be ten miles apart.
Mr. WASHBURNE, of Illinois. If the Gentfrom Maine will yield to me a moment Idesire to say that I cannot permit him to make, without disavowal on my part, any intimation that I am disposed to do injustice to the ComrGLO. Nothing which I said could justly be construed into a censure upon that officer. When I said that there was something behind this measure which did not appear on its face, I did not intend to imute anything improper to that gentleman. n the contrary, I am glad to bear testimony to the ability and integrity of Judge Edmunds, the ComrGLO. I have known many heads of bureaus in the Dept, but I know no man whom I more respect forhisability and integrity.
Mr. RICE, O Maine. I am glad to hear from the gentleman this disavowal, and I am glad that gave him the opportunity to make it. But the gentleman said that this measure had emanatetI from parties who had some interest which was not revealed. I say to the House that the measure emanated from Judge Edmunds alone; and it now comes before the House with the unanimous recommendation of the ComTerritor, by which committee it was unanimously recommended at the last session, the House at that time passing the measure. It has been suggested that the bill should be amended by excepting from its operation mineral lands. I sha l olier no objection whaMer to that amendment, if any gentleman chooses to offer it.
The SPEAKER. The gentleman can move the amendment himself.
Mr. STEVENS. I ask what there is to prevent a man who goes there to dig an artesian well from taking”up land under the homestead law.
Mr. RICE, of Maine. The homestead law ives him only a quarter section and this gives fiim a full section.
Mr. WRIGHT. Is not this one of the gift concerns by which the public land is recklessly given away?
Mr. RICE, of Maine. We receive ample benefits for the lands we donate. The donation of these public lands at these long distances is to insure the possibility of trave over these deserts in order to reach the valuable Territories of Arizona and NewMexico. We provide for furnishing travelers what they must ave, pure water.
Mr. CONKLING. If the billbecomcsalaw, in addition to 640 acres may not the party take 160 acres under the homestead law?
Mr. RICE, of Maine. Ijudge not, because under the homestead law he must live upon the land.
Mr. CONKLING. I cannot see why the party cannot take up in addition lands under the homestead law. There is no provision here to prevent it. Yes, sir; but they I move the amend Mr. RICE, of Maine. Those who take under the homestead law must also certify that they have no other homestead. I do my think these parties could take lands under the homestead aw, and at the same time held under these resolutions.
Mr. CONKLING. I had not looked at the resolution carefully. I ask whether it will not permit these lands to pass by title to associations and partnerships who shall undertake to dig these artesian wells. If so, I ask whether anyone of the individuals may not take lands under the homestead law, alleging that, without perjury or false assertion, they do not individuall own any real estate.
Mr. {ICE, of Maine. Theresolution hasheen carefully drawn and guarded. These lands are to be given to those who put down artesian wells, and provide pure water for travelers at all times. Ht is also provided that no pay shall be asked of travelers for the water provided to travelers. It would be diHicult to guard a bill more thoroughly. If the gentleman wants to provide by amendment that these parties 5 Il not. take lands under the homestead law, Isall not object. My only desire is to make provision for travel over these deserts.
Mr. WRIGHT. I think this JtResolution for artesian wells is a great berc. [Laughter] They had the whisky question under consideration in the Senate yesterday, and today we have the waterquestion. [Laughter.]
Mr. RICE, of Maine. After awhile. Yes, sir, the object is to furnish pure water to trav elers across the deserts.
Mr. CHANLER. I ask my friendfrom Maine whether he has taken into consideration the effect this will have, if it becomes a law, upon our internalrevenue. It will diminish our receipts from tax on whisk, [Laughter.] I can understand why a gentleman from a State where the Maine liquor law took its rise should be glad to have such a measure passed. But how will it affect the revenue? As I understand, the development of virtue as expected in a Maine liquor law is not needed, in that section. I hope, therefore, the resolution will allow distilleries in the same section of the country. [Laughter] Let them both go together. The Gentfrom Massachusetts on my left [Mr. BALDWIN] suggests that the community should be supplied with other luxuries, and that the tax on sugar and lemons should be included in the resolution. It strikes me it is not wise nor expedientto be dwelling so much upon the necessrty of cold water, which every bod knows is an article of necessity. Why dwell with such pertinacity upon the virtues of Euro cold water I The Gentfrom Maine How much Mr. RICE] carries with im a whole State, but e should remember that we are now legislating for the people of the West who are not accustomed to water. [Laughter] It is a well known fact that on the question between water and whisky the West is a unit today against water. [Laughter.] I have not myself traveled over the whole country; I am speaking.from information. But as I am not able to add much information on this subject I appeal to the stately Gentfrom Illinois [Mr. Wssrwmru] whether, he is for water as against whisky, or for whisky as against water.
Mr. CHANLER. Very well, I hope he will keep to the water. I now appeal to the Gentfrom Maine [Mr. RICE] if I am rlght as to his position, that he is for water as against whisky.
Mr. RICE, of Maine. The gentleman seems to be more interested in whisky than in water; therefore I yield to my friendfrom Wisconsin, [Mr. Mr. PhPrAssIg] E. It is undoubtedly the intention of this JtResolution that this water I am for cold water should be furnished free of expense; but it is not true that it does furnish water to travelers free. There is a provision that the land shall not be granted unless evidence shall be furnished that water has been furnished to them free of charge; but there is no provision which will secure it to the traveler tree of expense after the title to the land shall have vested in the men who do the work. I think the resolution should be so amended that travelers shall not be subjected to excessive charges, if indeed to any charges at all, for the accommodations which these parties agree to provide for them after they shall have receive the lands.
Mr. WASHBURNE, of Illinois. I think the gentleman oughtto confine it to a quarter section instead oTa whole section.
Mr. RICE, of Maine. This matter is under the control of the ComrGLO, and the bill provides that the patent shall only be issued with such conditions in corporated therein as may be necessary to secure and perpetuate the purposes of the grant.
Skip Skip The question being taken on the amendment excepting mineral lands, it was agreed to.
Mr. CONKLING. I suggest this amendment to the Gentfrom Maine: Provided. That no morethan 640 acres shall be granted in the caseof anyone well: and prouiHedfurtIu r, That no granteeor beneficiary under this act shall be allowed to enter lands under any homesteadact of the U.S.
Mr. RICE, of Maine. I will accept that amendment. I now move the previous question.
Mr. STEVENS. Does this come from the committee?
Mr. STEVENS. Have they made up their minds to encourage smelling for water by apreprinting public lands for that purpose?.In RICE, of Maine. These wells will be 1,000feet deep.
Skip Skip On the question of 2nding the demand for the previous question, no quorum voted. The SPEAKER ordered tellers; and appointed Messrs. RICE, of Maine, and Sir GREAVES. Mr. WASHBURNE, of Illinois. I suggest that the Gentfrom Maine consent to have this recommitted with the pending amendments and printed. No objection bein made, it was so ordered. Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was recommitte; upon the table. Agreed to. ARIZONA. On motion of
Mr. RICE, of Maine, the Committee 0. Territories were discharged from the further consideration of the memorial of the Legislative Assembly of Arizona, asking that the tract of land in the bend of the colorado be attached to Arizona; and the same was laid on the table. ROADS IN UTAH.
Mr. MARVIN, from the ComTerritor, reported adversely on the memorial of the Governor and Legislature of the Territory of Utah, praying for an appropriation of money for the construction of roads in said Territory; which was laid upon the table. BOUNDARY BETWEEN IDAHO and OREGON.
Mr. MOULTON, from the ComTerritor, reported back, with the recommendation that it do pass, bill of the House No. 251, for a survey of the boundary between, the Territory ofIdaho and the State of Oregon. The bill containin an appropriation was referred, under the ru es, to 510 ComWhole on the state of the Union. LIBRARY IN SALT LAKE CITY.
Mr. STARR, from the ComTerritor reported adversely on the memorial of the Territory of Utah for an appropriation for a library at Salt Lake City; which was laid upon the table. Yes, sir, from the J CODIFICATION OF THE LAWS OF DAKOTA.
Mr. HILL, from the ComTerritor, reported adversely on the memorial of the legislaure of Dakota asking an appropriation for the codification of the laws of the Territory of Dakota; which was laid upon the table.
Mr. MOULTON. The chairman of the ComTerritor is absent; today, not.expectin his committee to be called, and I know he as several important bills to report. I hope, therefore, that the morning hour will be considered to be at an end, and that the committee may have another morning hour tomorrow.
The SPEAKER. The morning hour has expired. MARINE HOSPITALS and REVENUE CUTTERS.
Mr. WASHBURNE, of Illinois. I rise to a privileged question. I am directed to make a report from the committee of conference on the disagreeing votes bf the 2 Houses on the bill of the House, No. 184, to authorize the sale of marine hospitals and of revenue cut ters. The Senate amended the House bill by a provision limiting the number of hospitals to which its provisions should be applie. The Senate have receded from that amendment, with an amendment to which the conferecs on the part of the House agree, which merely provides that the hospitals at Cleveland, Ohio, and Portland, Maine, shall not be sold. I ask the adoption of the report.
Mr. TRIMBLE. I would ask the gentleman if the bill as it now stands proposes to sell all the marine hospitals on the Ohio river.
Mr. WASHBURNE, of Illinois. Not all. The bill which the House passed, and in which the Senate concurred in, provided for the sale of certain hospitals. There is a limitation which applies to certain hospitals. It does not apply to the hospital at Paducah,Ken tacky, or to the hospital at Galena, Illinois, where I live, and both will be sold under this act.
Mr. NIBLACK. How about the hospital at Evansville, Indiana?.
Mr. WASHBURNE, of Illinois. I think the hospital at Evansville can be sold if the SecyTreasu shall deem it best for the public interest. Task that the report of the committee of conference be read.
The Clerk read the report, as follows: The committee of conference on the disagreeing votes of the 2 Houses on the amendmentsto the bill (H.R.No. 184)to authorize the sale of marine hospitals and of revenue cutters, having met, after all and free conferencehave agreedto recommend, and do recommend, to their respective Houses as follows: That the Senaterceedefrom thoir1st, 2nd, and 3rd amendments. That the HoRep recede from their disagreementto the 4th amendment of the Senate and agreeto the samewith an as follows: amendment. Strike out all after the word "provided "in line 12 of said bill down to the word “where, ” in line 17, and insert the following: That the hospitals at Cleveland, Ohio, and Port land Maine, shall not be sold or leased, nor shall any hospital besold or leased. JZO. HCHNANDLER. Managerson the pSaHrtERMAN. of the Senate. E. B. WASHBURNE, BJ. EGGLESTON M. HUMPBREY. Mame" onthepart of the house.
Skip Skip Mr. WASHBURNE, of Illinois. I now move the previous question. The previous question was 2nded and the main question ordered, being upon agreeing to the report of the committee of conference. Mr. NIBLACK demanded the yeas&nays. The yeas&nays were not ordered. The report of the committee of conference was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the report of the committee of conference was agreed to; upon the table. Agreed to. LIQUOR IN THE CAPITOL.
Mr. WENTWORTH. I renew my motion to proceed to the consideration of business on the Speakers table. The motion was agreed to. The 1st business opthe Speakers table was a concurrent resolution of the Senate prohib iting the sale of spirituous and other liquors in the Capitol buildin and grounds. The resolution, which was read, provides that the sale of spirituousli uors, wines, and intox icating drin s of any escription whatever be prohibited in the Capitol building and grounds; and that it shall be the duty of the ComrPubBldg and Grounds imme diately to cause to be removed therefrom and to prevent the sale hereafter of such articles in the Capitol buildingpr grounds.
Mr. STEVENS. I do not know whether I understand this resoTution; and I desire to inquire whether it is in such a form as to require the signature of the President. [Laughter.].
Mr. WENTWORTH. I desire the Clerk to read the 19th joint rule of the 2 Houses, for I wish to call tb attention of members to that rule., The Clerk rehd, as follows: “No spirituous liquors shall be offeredfor sale or exhibited within the capitol or on the public grounds adjacent thereto.”v
Mr. SCHENCK. "he word “exhibition" is used in the resolution. It is not, perhaps, very clear whether it is intended to apply to the exhibition of liquors for the purpose of observing their kind, quality, or color, or whether it is used in the sense in which that word is used by physicians, meaning to administer.
Mr. STEVENS. It means the exhibition of members.
Mr. WENTWORTH. I so understand it. There are several gentlemen, I understand, who wish to speak upon the question. If that were not so I would call the previous question.
Mr. RANDALL, of Pennsylvania. I ask the gentleman to yield to me.
Mr. WENTWORTH. I yield to the gentleman for 5 minutes re
Mr. RANDALL, O Pennsylvania. I do not want more than 2 1 iuutes. I only wish to suggest that action.on the part of this House restricting the sale ofliquor on this side of the Ca itol is entirely unnecessary, as the S maker of is own volition, in an early part 0ft e session, did away with “the hole in the wall” and other places where liquors were procured, and the House subsequently approve and indorsed that action of the Speaker. I think, therefore, that the resolution had better be returned to the Senate so that they may adopt it for themselves, as the necessity for the adoption of such a resolution seems to be with them and not with this House.
Mr. WENTWORTH. I now yield to my colleague.
Mr. WASHBURNE, of Illinois. The suggestion I wish to make is this: that the resolution be. amended so that instead of concurrent resolution it shall be a JtResolution, and require the consent of the President.
Mr. STEVENS. The gentleman wants it amended so as to require the signature of the President. He wants to kill it, I see what he is after. [Ilaugliten]
Mr. WRIGHT. I hope the gentleman will let me move an amendment so that it shall have as a title “A bill for the relief of the senate.” We do not need it here.
Mr. WEN"WORTH. I do not know just now where to turn to the rule, but the Speaker will call the attention of my colleague to the fact that we cannot amend a concurrent reso,lution so as minake it aJtResolution.
Mr. WASHBURNE, of Illinois. I suppose this is, like every other legislation which comes from the Senate, suse eptible of amendment by the House. I wish to amend this so that it shall be a JtResolution instead of a concurrent resolution.
Mr. WENTWORTH. Before calling for the previous question I wish to say one word. I drew a substitute for the resolution making it alaw instead of a resolution, but on consulting the authorities I found we had no right to do so.
The SPEAKER. A concurrent resolution from the Senate cannot be amended by the House into a JtResolution. That is so for various reasons. One is, that a concurrent resolution comes upon an ordinary sheet of paper, while a JtResolution comes engrossed and is regular y examined. The only way to reach the object sought by the gentleman is to move that this be laid upon the table, and to send to the Senate a JtResolution.
Mr. RANDALL, of Pennsylvania. I think it ought to be referred to the ComPubBldg and Grounds.
Mr. NIBLACK. The Senate, in passing this concurrent resolution yesterday, gave us some facts in the course of the debate which showed the necessit for this legislation so far as that portion of the Capitol was concerned. Now, before we extend the scope of the resolution by adopting an amendment extending it to all the public buildings, I desire to know what information the gentleman possesses in reference to the sale of liquor elsewhere than this buildiui7 which makes it necessary.
Mr. VEN “i ORTH. Now, it is a well settled principle that each House shall be the judge of the qualification of its own members. [Laughter] This has come from the other branch of Congress, and the give the reasons in their speeches why they have passed it. I hope, therefore, the House will pass it with the amendment I have proposed. ENROLLED mm. SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled Senate bill No. 199, to establish the collection district of Port Huron, the collection district of Michigan, the collection district of Montana and daho, and to change the name of the collection district of Penobse ot; when the Speaker signed the same. LIQUOR IN THE CAPITOL Again.
Mr. WENTWORTH. I think the better way would be to pass this resolution with the amendment. If we passed a bill or JtResolution instead of this concurrent resolution it would seem as though we wanted to embarrass the matter. I think the motives of the House would be misunderstood if we did not pass the resolution. It would look as if we took an indirect way to defeat it. I think as amended it would appl to all the public buildings and grounds in this city. I am told there are several institutions upon the public grounds for the sale of intoxicating liquors. I now call the previous question.
Mr. CHANLER. I think the gentleman has overlooked one fact, that in some of the public buildings spirits are iiecessar for the preservation of reptilia, which are ept for scientific purposes in Government mueums. I also suggest to the gentleman that there is danger, from the too frequent provocation of what are called “copperheads, ” that certain members over the way are in danger of getting bitten by those reptiles, and in that case whisky is 0i]ie of the most certain remedies. [Laughter. It seems to methat it is not exactly fair for thosegenldppien who have had a long experilence in tltesoldall Svwlw have been here many years, to bring in resolutions which bear hard upon us who have been here. but a little while, azddb not know so well 7: ere to get whisky. HI think atall events, they ould let us know, not as lbrge a stock on hand as the gentlemen who advocate this measure, where we may get a supply. Some gentlemen consume more than others. With seine a gallon goes but a very little ways, and I insist that regard should be had for moderate men. public houses, Mr. Speaker, are not the only places where intemperance and intoxication take place, and I protest against this imputation against the inhabitants of this city and against all those who live in public houses or public buildings, as not leading virtuouslives. We know very well that the charge has been brought not only of intemperance in liquor but intem erance in lust, and the gentleman might amen the resolution so as to carry the inquiry into the habits of the dwellers in public buildings. But I think this pharisaical effort at purification should not come from those who have the largest phylactarics. I consider it an unfair thing to resort to this method of inaugu rating a crusade against a genial custom and good fellowslii i which I know the Gentfrom Illinois [Mr. Wervrwoarii]neverintended.
Mr. WENTWORTH. I icld to the Gentfrom Pennsylvania, [Mr. Tnarsnfi
Mr. THAYER. I desire to say that an erro neous impression has gone abroad on this subject. During my experience here I have not observed any indication which suggests to the House the necessity of the concurrent resolution which has been sent here from the Senate. I have hOWeVer read the debate upon this concurrent resolution which took place in the Senate yesterday, and I will allude to that. From the sentiments which were expressed by some who participated in that debate it may well be that the passage of such a resolution was necessary fort ie preservation of the decorum and dignity which characterize so venerable a body as that. I observe, for exam le, that one member of that distinguished bo y concluded a lengthy oration in defense of drunkenness with this sentiment: “Ibelieve in women, wine, whisky, and war.” Now, I do not believe that either of those articles should be unnecessarily thrown in the way of a gentleman holding such sentiments and with that view I hope the concurrent resolution will pass this bed.
Mr. WENTWORTH. I yield to the Gentfrom Massachusetts, [Mr. BALDWIN.]
Mr. BALDWIN. I merely wished to suggest whether the amendment proposed by the Gentfrom Illinois [Mr. wnxrwonrn] may not be ine perative in a concurrent resolution, which cannot go any further than the senate and HoRep. Anything further, I an ose, would require a general law.
Mr. STETENS If I were atliberty, I would strike out “within this buildin ” and insert “to any member of Congress; so that they should not stop at these corners where I go past.
Mr. WENTWORTH. That belongs to the corporation of this city. If they see lit to allow the sale of liquor to members of Congress you cannot help it; but we have no jurisdiction except over our own grounds. I move the previous question.
Mr. SMITH. By what right can the Speaker of the House and President of the Senate enforce this law upon any Dept?
Mr. RANDALL, of Pennsylvania. Will it be in order to move to refer the resolution?
The SPEAKER. It will not. The amendment to add the words “ and other public buildings” was agreed to.
Mr. RANDALL, of Pennsylvania. Order now to refer it?
Mr. RANDALL, of Pennsylvania. order to move to lay it on the table?
Mr. RANDALL, of Pennsylvania. I would like to send itto the committee for modification, but I move to lay it on the table. The motion was disagreed to.
Mr. McKEE. Is it in order to make any amendment?
Mr. RANDALL, of Pennsylvania. I move to reconsider the vote by which the main question was ordered, with a view to refer the resolution to the ComPubBldg and Grounds.
The SPEAKER. That motion cannot now be made, because the order of the House for the previous question has been partially executed by agreeing to the amendment, and the rule says that the previous question shall not be reconsidered after it has been artiall executed. The only way in which t legentleman can now accomplish his object is, after the resolution is agreed to, to vote against the motion to layt e motion to reconsider upon the table, and then reconsider and refer it.
Mr. RANDALL, of Pennsylvania. I will follow the suggestion of the Speaker.
Skip Skip The resolution, as amended, was agreed to. Mr. WENTWORTH mtRtv the resolution was adopted; upon the table. The question was put, and there were ayes 50, noes 25 no quorum voting. The SPEAKER ordered tellers, and appointed Messrs. Wnxrwonru, and RANDALL of Pennsylvania. The House divided; and the tellers reportedayes 67, noes not counted. So the motion to reconsider was laid upon the table. Is it in Is it in SALARIES IN postoffice DEPT.
Mr. STEVENS, from the ComAppropriat, reported back, with an amendnient, joiut resolution of the Senate No.:59, for the transfer of funds appropriated for the payment of salaries in the ost office Dept to the general salary account of that Dept. I he amendment was read, and agreed to, as follows: Add to the resolution the following proviso: Provided, That this resolution shall not be construrd to increase the appropriations already made for the service of the postoffice Dept.
Skip Skip The JtResolution, as amended. was or dered to a 3rd reading; and it was according] read the 3rd time and passed. Mr. STEVENS mtRtv the JtResolution had been passed; on the table. Agreed to. BEA LS and DIXON.
Mr. STEVENS, from the same committee, reported back, With the recommendation that it do pass, JtResolution of the Senate No. 56, authorizing the SecyTreasury to adjust the claim of Deals A: Dixon against the U.S.Flutes. The JtResolution authorizes the SecyTreasury to cause the accounts of Beals dt Dixon, for the delivery of materials after May 1, 1861, 11nder their contract With the U.S., to be adjusted and paid, allowing to said Deals 8: Dixon such additional prices for materials delivered alter May 1, 1861. as, in his opinion, they may be justly entitled to under the provisions of their supplementary contract dated January 1, 1857; provided that in the opinion of the AttyGen said Beals & Dixon have a legal claim upon the U.S. for an increase of prices under said contract.
Mr. wASHBURNE, of Illinois. I desire to make a motion to refer this JtResolution to the ComClaims. It is a private bill to all intents and purposes, and it certainly should go to the ComClaims to be examined. Let me say that this is one of a class of claims the most dangerous that can come before congress, investing the Dept with power to add to the prices to be paid these contractors. I hope the Gentfrom Pennsylvania will consent to let this matter go to the ComClaims so that we may have a thorough examination and report upon it. Let us know something in regai i to the facts in the case, what the original contract prices were, and what these men new claim, before vesting this authority in the SecyTreasury.
Mr. STEVENS. The House sent this resolution to the Committee on apiiopriations, and of course it. was the duty of the committee to report it. Lwill 1st state what it is. It does not profess to decide any of the questions invo ved in the contract. although I have seen the contract, by which there is an agreement to make an additional allowance; but the ComAppropriations were not willing to say whether it was valid or how much should be aid under it. Hence it was that the Committee on.Appro priations thought it was better, instead of undertakin to investigate this claim themselves, or, I will add, instead of requiring the ComClaims to investigate it, to send it in the 1st place to the power that oriyinally made the contract, the SecyIreusury; and in the 2nd place to send it to the AttyGen and if the Attorney Gcu eral deemed, upon a full examination of the case, that the Government was bound to make this allowance, then only was the allowance to be made. There is no intimation as to whether anything should be allowed or if anything how much should be allowed. The whole matter is referred to the law officer of the Government to decide the question which the ComAppropriat did r )t deem themselves competent to decide, and although the ComClaims may be somewhat more competent in that respect, I venture to say they would rather have it referred to the law officers of the Government.
Mr. SPALDING. Being amember of the ComAppropriat, I desire to say in addition to what has fallen from the chair man of the committee, [Mr. STEVENS] that my friendfrom Illinois IMr. IVASBBURNE] is mistaken in regard to iis JtResolution. The subject matter of this resolution is not a propersubject of investigation for the ComClaims. It is simply a legal, a judicial question, and the Committee on appropiiations did not themselves seek to solve it. If it should be referred to any committee of this body, it would properly go to the ComJudiciary. But the resolution simply directs that the SecyTreasury shall, under the legal advice of the AttyGen of the U.S., give a construction and interpretation to the contract entered into with these artics.
Mr. WASHBURNE, of Illinois. I desire to know how this JtResolution comes before the House.
Mr. SPALDING. It was sent to us by the Senate.
Mr. SPALDING and the House sent it to the ComAppropriat. I suppose the gentleman understan s that also. I
Mr. WASHBURNE, of Illinois. Yes, I understand thatbut have the ComAppropriat been called upon for reports this morning?
Mr. WASHBURNE, of Illinois. Then how did this resolution come to be reported by them I
The SPEAKER. They are authorized to rert at an time.
Mr. WASHBURNE, of Illinois. I take it that even the ComAppropriat cannot report such a bill as this except for reference to a tother committee. The SPEA E. When the House proceeded to consider and debate the measure the rule was waived.
Mr. WASHBURNE, of Illinois. The committee on App propriations have no jurisdiction over such an ccts as this.
Mr. SPALing. The House referred it to that committee for consideration.
Mr. WASHBURNE, of Illinois. I know that; but the House frequently sends bills to committees that do not properly have jurisdiction of them. I know that the ComCommerce, when subjects are sent to them that do not properly come within their jurisdiction, report them back to the House, ask to be discharged from their further consideration, and move their reference to the committees which are properly charged with their consideration. It was but yesterday that the ComAppropriat reported a bill in rerd to certain claims of the State of Missouri, of which they certainly had no jurisdiction, and which certainly should have been referred to the committee of Claims. I think, notwithstandin what the Gentfrom Ohio EMr. Srawnofi has said, that the ComClaims is the proper committee to examine and consider this subject and now I desire to call the attention of this House to the language of this JtResolution, so that they may (judge whether more information is not neede by them before they confer this power upon the SecyTreasur. What does 7 is JtResolution provide? t authorizes the SecyTreasury to cause the accounts of Beals & Dixon for deliveries of materials after the lat of hlay 1861, under their contract with the U.S., to be adusted and paid, and to allow to them such ditional prices as in his opinion they may be entitled to under the provisions of their supplemental contract dated Jan uary l, 1857; provided that in the opinion of the AttyGen said Beals do Dixon have. I under a lawful claim upon the U.S. for an increase of price under their contract.
Mr. WRIGHT. I would ask the Gentfrom Illinois [Mr. Witsiinusivn] if a supplemental contract was made.
Mr. WRIGHT and is notthe U.S. bound by that contract?
Mr. WASHBURNE, of Illinois. Certainly. But the point I make against this JtResolution is that you are taking from the House the authority to adjust this matter and utting it into the lands of the SecyTreasury. I therefore more that this JtResolution be referred to the ComClaims, and upon that motion I call the previous question.
Skip Skip The previous question was 2nded, and the main question ordered, which was upon the motion to refer the JtResolution to the committee of Claims. On agreeing to the motion, there were ayes 4G, noes 16; no quorum voting. The SPEAKLR, under the rule, ordered tellers; and appoiuted Mr. PIKE, and Mr. Wasn aumvsof Illinois. The House divided; and the tellersreported ayes 60, noes not counted. So the motion was agreed to.Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was referred to the ComClaims; on the table. Agreed to. LAND GRANT to MINNESUIA. The next business on the Speakers table was Senate bill no 156, entitled “ An act makingan additional grant of land to the State of minnesota, in a ternate sections, to aid in the construction of a railroad in said State;” which was read a 1st and 2nd time, and referred to the ComPubLands.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; on the table. Agreed to. PAYMENT OF KANSAS WAR CLAIM. The last business on the Speakers table was Senate bill No. 259, entitled An act to authorizethe SecyWar to settle the claims of the State of Kansas for services of the militia called out by the Governor of that State upon the requisition of Maor GenlCurtis, the commander of the U.S. forces in that State;” which was read a 1st and 2nd time, and referred to the ComMilAffrs irs.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; on the table. Agreed to. DESTITUTE PEOPLE 0! THE DISTRICT.
The SPEAKER. The next business in order is a JtResolution (S.No.49) for the temporary relief of destitute people in the DistCol. This resolution was made a special order for today after the morning hour. The question is on ordering the resolution to be read the 3rd time.
Mr. INGERSOLL. The other da, when this measure was before the House, I adread a statement of A. C. Richards, superintendent of police, setting forth the necessity for this appropriation. now call for the previous question.
Mr. ROGERS. Will not the gentleman yield to allow me to offer an amendment?.
Mr. INGERSOLL. I will hear what the amendment is.
Mr. ROGERS. I desire to propose an amendment providing that this money shall be appropriated without distinction of race or color.
Mr. INGERSOLL. That is already provided for. We have no class legislation on our side.
Mr. ROGERS. I prepose further to provide that th money shal be expended by the authorities of Washington, instead of the officers of the Freedmens Bureau, who will exnd it for the benefit of the colored people only.
Mr. INGERSOLL. I cannot yield for that amendment. It is unnecessary.
Mr.SHANKLIN. Will the Gentfrom Illinois yield to me?
Mr. SHA NKLIN. I desire to discuss the merits of this proposition.
Mr. INGERSOLL. So far as I personally am concerned, I should be glad to afford the gentleman the opportunity to make aseech; at I must be govarned by the will of the House. If the House desires to ear the gentleman, it Will refuse to sustain the demand for the previous question.
Skip Skip On 2nding the demand for the previous question, there were ayes 44, noes 27; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. Ixenasou and Snsxxus. The House divided; and the tellers reported ayes 60, noes 36. So the previous question was 2nded. The main question was ordered; and under the operation thereof the JtResolution was ordered to a 3rd reading, and read the 3rd time. The question being on the passage of the bill, Mr. INGERSOLL demanded the prevtous question. The preme us question was 2nded and the main question ordered. Mr. tOGERS. I demand the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yous 101, nays 21, not voting 61; So the JtResolution was passed. During the call of the roll Mr. OBB stated that Mr. Mclsnon was detained from the House by serious illness. Mr. DARLING stated that Mr. J. HUMPHREY had been called home on account of sickness in his famil. The resulylw. as announced as above stated.Mr. INGERSOLL mtRtv the JtResolution was passed; upon the table. Agreed to. SESSION. At the suggestion of the SPEAKER, by unanimous consent, the evening session was dispensed with.
Skip Skip MESSAGE FROM rnn SENATE A message was received from the Senate, by Mr. FORNEY, its Secretary, notifying the House that it had concurred in the amendments of the House to Senate bill No. 31, to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion; and Senate bill No. 199, to establish the collection district of Port Huron, the collection district of Michigan, and to extend the collection district. of uget Sound. Also. that it had passed the following bills, in which he was directed to ask the concurrence of the House: An act (8. No. 255) to remit and refund certain duties; An act (S.No.243) to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, in the State of Michigan, and for the completion of said road; an An set (S.No.122) for the relief of John T. Jones, an Ottawa Indian, for depredations committed by white persons upon his property in Kansas. Also, that it had passed bills of the House of the following titles: An act (H. It. No. 150) for the relief of Alanon W. Babbitt, late secretary of Utah; an “ An act (H.R.No. 471) to provide that the Soldiers Individual Memorial” shall be car ried through the mails at the usual rate of printed matter and also, that it had adopted the following resolution: Resolved, That the Secrcta of the Senate be directed to inform thoHouse ofrfiepresentativesthat the Senate. having listened to eulogieson the character and public servicesof Hon. Sonoxos Poor. 0. Senfrom the State of Vermont, lately deceased, out of respectto his memoryhave voted to adjourn. DEATH OF SENATOR FOOT.
The SPEAKER laid before the House the message from the Senate concerning the death of Senator FOOT.
Mr. WOODBRIDGE. Mr. Speaker, but afew weeks ago the distinguished Senator whom we now mourn arose from his seat in the senate and pronounced a most eloquent and impressive eulo yu on his colleague, who had been gatherefto his fathers in the fullness of his years, crowned with private worth and uh lic honor and now, before the cypress eaf is wilted, or the 1st gushing tear is dried, we are called, in the providence of god, to a fresher grief for him who so freely mingled his tears with ours at the death of Judge Collamer, whom none knew but to honor an love. At that time. Mr. Foor was apparentlyin perfect health. His constitution was unim aired by any exposure or excess, and his splendid and a most unrivaled physical development gave promise of many years of vigorous and active fc, for he possessed “A combinationand a form, indeed. Where every goddid seemto set his seal, To give the world assuranceof a man.” In speaking of the life and character of
Mr. FOOT, I shall simply attempt to do justice. Unqualified praise of the dead is never either in good taste or truthful. Human character is never perfect; at best it is only good in parts.
@@@IN SENATE SENATE. FRIDAY, April 13, 1866. Prayer by Rev. Riomun S. JAMES, of NewJersey. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a communication from the SecyTreasury, transmitting, in answer to a resolution of the Senate of the 3d instant information in relation to the appointment of persons to office in that Dept without taking the oath prescribed by law; which, on motion of
Mr. SUMNER, was ordered to lie on the table, and be printed.
The PRESIDENT protempore also laid before the Senate a message from the POTUS, transmitting, in compliance with a resolution of the Senate of the 27th ultimo, a report of the SecyState in relation to the seizure and detention at NewYork of the steamsbi Meteor; which was ordered to lie on the ta le, and be printed.
Mr. CLARK, from the ComClaims, towhom was referred the petition of Mrs. Catharine Ferguson, praying for compensation for injuries occasioned to her son, John Fer guson, on the 18th of November. 1863, in Alexandria, Virginia, by being run over by a U.S. military train, submitted an adverse report thereon; which was ordered to be tinted. )Yr. POMEROY, from the ComPubLands, to whom was referred a bill (S.No.223) to revive and extend the provisions of an act ranting the right of way and making a grant of land to the States of Arkansas an Missourito aid in the construction of a railroad from a point upon the llississippi opposite the mouth of the Ohio river, via ittle Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved February 19, 1853, and for other purposes, reported it With an amendment.
Mr. KIR WOOD, from the ComPubLands, to whom was referred a bill (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, reports it with amendments.
Mr. NORTON, from the ComClaims, to whom was referred a bill (S.No.149) for the relief of Daniel Winslow, reported it without amendment. NAVAL APPROPRIATION BILL.
Mr. GRIMES. 1 will state to the Senate that the bill as agreed upon by the committees of conference is substantially as it passed the senate, with the exception of 2 particulars. These are, 1st, an appropriation of $5,000 that was inserted by the HoRep, at the instance of the Navy Dept, for the purpose of testin petroleum as a fuel, to which the committee O conference on the part of the Senate agree; and the other is the 4th amendment of the Senate, in regard to the purchase of Oakman d: Eldridges wharves, at Charlestown, Massachusetts, for which the Senate proposed to pay the sum of $105,000. From amendment the committee of conference h e recommended the Senate to recede. I to desire say injustice to myself and my colleagues on the committee, that we were unanimous in the conviction thatthe public interests really require that this purchase should be made. For myself I may say that I have not. only examined the subject so far as it could be examined here in the Senate upon several former occasions, but I have personally examined the ground. I concur fully in the statement that was made the other day by the Senfrom Kentucky
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.264) to grant certain privileges to the Alex and ria and Washington Railroad Company, in the DistCol; which was read twice by its title, and referred to the ComDistCol. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.265) to protect the manufacturers of mineral waters in the DistCol, and for other purposes; which was readtwice by its title, and referred to the ComDistCol.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce JtResolution (S.R.No. 63) to authorize the SecyInterior to exchange or dispose of certain odd volumes of congressional documents, and other odd volumes: which was read twice by its title, and referred to the ComPrintg. APPROVAL or BILLS. A messa e from the POTUS, by l
Mr. Moons, his Secretary, announced that the President had approved and signed on the 10th instant the following acts: An act (S.No.105) to grant the right of way to the Case ade Railroad Company through a military reserve in Washington Territory; An act (S.No.115) for the relief of Jane W. Nethaway; An act (S.No.117) for the relief of F. A. Patterson, late captain of the 3rd Virginia cavalry; and An act (S.No.181) for the relief of Emma J. Hall. DOCUMENTS to JUDGES.
The PRESIDENT O tempera. If there be no further morning usiness, the Chair will ruceed to the order of the day, which is the business reported from the ComPensions.
Mr. ANTHONY. Is that the order of the day for the morning hour?
The PRESIDENT protempore. Not during the morning hour, but if no other business intervenes the Chair will proceed with the special order.
Mr. ANTHONY. I ask the Senate to take up Senate bill No. 172.
Mr. LANE, of Indiana. If it will lead to debate, I must object to it.
Mr. ANTHONY. I do not think it will lead to debate. IThe motion was reed to; and the Senate, in Committee oalg the whole, proceeded to consider the bill (S.No.172) aut orizing certain public documents to be distributed to the district and territorial judges of the U.S. The ComPrintg reported the bill with 2 amendments. The 1st amendment was in section one, line 7, after the word “Globe” to strike out the words, “and one copy of all books and documents on subjects of a general nature which maybe printed by order of Congress, or of either case thereof, ” and to insert the words “hereafter printed; ”I so that the section will read:, That in addition to the books and documentsnow required by law to be furnished to the districtjudges and the jludgesof the territorial courts of the U.S., t a SecyInterior shall mail, free of postage.to each of themone copy of the Congressional Globe hereafterprinted.
Mr. FESSENDEN. I should like to hear some exlanation of this bill.
Mr. ANTHONY. I will explain it. It is a bill to distributeto the district judges and judges of the territorial courts a copy of“ the Congresssional Globe to be kept among the books and papers of their offices.
Mr. ANTHONY. So that the judges in administering the laws may have all the light that may be thrown upon them by the debates in Congress. It seems to me there is no class
Mr. SHERMAN. I will ask my friend if the Delegates from the Territories do not get their portion of the congressional Globe.
Mr. SHERMAN. That is generally a very large number in proortion to their population.
Mr. ANTHONY? This is not merely for the territorial judges, but for the districtjudges. The district judges have not, by any provision of law, in the libraries beloning to them. The bil originally as it was referred to the committee provided for the furnishing to these judges a copy of all the books and documents of a general nature printed by Congress; but the committee have amended it by restricting it to the Congressional Globe.
Mr. FESSENDEN. I do not see what is the use of giving them that.
Mr. ANTHONY. I do not see of what use the Globe is to anybody, if it is not of use to the judges of the courts; and as the congressional Globe has been printed lately, as understand, with a number Of speeches omitted and others altered, I do not know that there is a great deal of use in printing it at all. But if it is of use to anybody it is of use to the judges.
Mr. CONNESS. The Congressional Globe is an accessible book. There are a great many of them published, and I suppose they get such a distribution by all Senators and members of Congress that it is one of the most accessible books in all the libraries. I suppose there is scarcely a leading library in the country that does not contain it. In my State, young as it is, I have a list of 53 libra ries, which run into nearly all the villages of the State, and Iserve that list 1st, giving each a copy of the congressional Globe, before I send) it to nnybo y else. lap rehend that some such distribution is made, 1 not by all Senators, by some, and members of congress; so that there is no book more easily obtained by the judges than The State library of my State, which is located at the capital and is accessible to the courts, always contains more than one copy of it; and really I do not see the neces sit for this bill.
Mr. ANTHONY. Undoubtedly the Globe is distributed to almost all the judges, but. the copy they now receive belongs to them individually, and is not transmitted with the papers Of their offices to their successors. very simple one. matter.
Mr. WILLIAMS. I hope this bill will pass. I remember when I was one of the territorial judges of the Territory of Oregon that questions arose there under the donation law to that Territory, and it was necessary, in order to understand that law, to refer to the Congressional Globe and the debates that occurred upon the passage of the law, and at that time there was but one copy of the Globe in the Territory, and that was in the possession of the widow of the late
Mr. Thurston, formerly a Delegate from that Territory to conthe case is a I have no desire about the grass. The necessity of having the Congressional Globe there at that time became evident, and I think the same necessity exists in all the Territories. If there is any officer of the government who needs a copy of the Globe it seems to me it is the judge of the U.S. district court or of a court of a Territory, because in the interpretation of the laws passed by Congress it is necessary and advisable to refer to the debates which were bad at the time the laws were passed. I think the judge should be furnishe with acop so that he can have it as a part of his library. The practice has been heretofore to send to these territorial judges large boxes of public doc uments, executive ocurnents, Senate documents, and House documents that are of little or no value to him. One copy Of the Globe would be of more value to a judge of a court than all the other public doc uments that are sent to him relating to the proceedings of Congress. I know from my own experience that a copy of the Globe will be Of value to a judge in aTerritory, and I hope that the bill will be adopted. It certainly will not involve any considerable expense, and I am sure it will be a great convenience to those who have the laws to admin tster.
The PRESIDENT protem ore. The question is on the amendment of the ComPrintg to strike out the 1st section of the bill. The amendment was agreed to. The next amendment of the committee was i“n section 2, line one, to strike out the words and documents; so that the section will read: SEC. 2. Abife:.That said books shall be the property of the U.S., for the useof saidjudges and their successors.
Mr. FESSENDEN. I do not see any more proriety in furnishing the congressional Globe to the district judges than I o of furnishing any law book. They usually purchase their own libraries, and they can very easily purchase the Globes there are plenty of them in the States at a small expense if they want them. This idea of furnishing libraries, or iving books of any kind to the district judres, it strikes me is the beginning of a system I do not suppose it would amount to much now that may be abused and that ought not to be commenced. I have distributed large numbers of the Globe since I have been in congress. I do not know whether I gave it to the district judge or not. If he wanted one he could have had it by intimating to me that he desired it. This proposition, like all Others of the same sort, is merely an attempt to send something out, and we shall have to buy these copies at the public expense of the publisher. If you are oing to egin this system, you might as wellggo back and do the whole thing at once, for the Globe does not cover a very large portion of the laws, and take the Annals of Congress, Gales d. Seatons Register, and the Globe, and give them the whole. so that they may have them all from the commencement. If you intend to commence this system you might as well at them all in. I doubt very much the expediency or the propriety of it. I shall vote against it myse f.
Mr. ANTHONY. I thinkthe Senatormisap prehends the billin one respect. The bill, as it is amended, only proposes to give them the Globe hereafter printed. It is not intended to give them full sets.
Mr. FESSENDEN. If they wantthe Globes hereafter printed, each Senator receives something like 90 cOpics every SESSlOnb
Mr. FESSENDEN. Each Senator receives 94 copies, and each Representative gets 20 or 30 copies
Mr. FESSENDEN and it is perfectly easy for members of Congress to furnish both the territorial and district judges with all the copies of the Globe that may be wanted. They will be lad to find somebody that will take them.
Mr. ANTHONY. I will not object to hav ing the bill so amended as to deductthe amount furnished the judges from the copies furnished the Senate. 1 think it is desirable that these Globes should be in the Offices of the district judges, to be transmitted to their successors. IUndoubtedly, every judge gets the Globe, but when he goes out of his office he takes that with him, with the rest of his private documents. HoweVer, if the bill does not meet the appro bation of the Senate, I will not press it.
Mr. FESSENDEN. That object may be secured by giving these copies to the district court library; but I do not see any necessity for buying so large a number for them when we have so many to throw away.
Mr. WILLIAMS. I do not see why it is not just as reasonable to furnish the judges I am speaking particularly at this time on behalf of the territorial judges a copy of the Congressional Globe as it is to furnish them with cop ies of the other public documents, and with a copy of the Decisions of the SCOTUS These are all furnished to the judges free of expense. The public documents that are sent to the ndges are of very little value. The reports of the Supreme Court of course are of value; but there are no public document of a legislative nature that will be of so much value to the judges of these courts as a copy of the Globe, because it is frequently necessary to consult the Globe in discussing questions of law. I understand that Dele ates from the Territoriesare furnished like mcmers with a distributive share of the congessional Globe, butI am confident that very few of them ever reach the Territories; and there is no probability, unlew some particular provision is made, that these judges will be furnished with the Globe. I think an expenditure of money could not be more wisely made than to supply iud cs with the Globe.
Mr. ANTHONY. If there is any serious objection to this bill I will consent to its going over and I will prepare an amendment that the Globes furnished to the district judges shall be deducted from the uota furnished the senate. I move that the urther consideration of the bill be postponed until tomorrow. The motion was agreed to. ELISHA w. DUNN.
Mr. CRAGIN. I move to take up Senate bill No. 202, for the relief of Elisha W. Dunn, a aymaster in the U.S. Navy.
Mr. LANE, of Indiana. I call for the regular order of the day if the morning business is over.
The PRESIDENT protem ore. After the morning hour has expired the usiness referred to by the Senfrom Indiana will come up; but in the opinion of the Chair matters of this sort are in order, subject, of course, to the vote of the Senate, until one oclock. The motion of Mr. CRAGIN was agreed to; and the bill (S.No.202) for the relief of Eli sha W. Dunn, a paymnsterin the U.S. Navy, was read a 2nd time, and considered as in Comnfittce of the Whole. It proposes to direct the properaccounting otheers of the Treasur in the settlement of the accounts of Elisha V. Dunn, a paymnster in the U.S. Navy, to receive and allow, where the propervouchers cannot be obtained, statements verified by his oath, or such other satisfactory evidence as he may present, of all expenditures made by him or the Government or losses sustained by him in consequence of the destruction by fire of the mono, papers, and property of the U.S. in is charge on boar of the U.S. naval wharf boat at Mound City, Illinois, at the burning of that vessel on the 1st of June, 1864.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed
Mr. WILLIAMS. I move to proceed to the consideration of Senate bill No. 82. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.32) to prevent the dbsence of territorial officers from their official duties. It provides that no person in an territory now in office, or who may hereafter be in olfiee by appointment of the President, after he enters upon the discharge of his official duties, shall be absent from the Territory of which he is an Officer for more than 30 days at anyone time, and no leave of absence shall be necessary or granted to any such officer. No officer absent for a longer time is to be entitled to any salary during his absence, and it is to be the duty of the President, upon a willful violation of this law by any such olficer, to remove him forthwith from othee.
Mr. JOHNSON. Does that come from a committee? It appears to me to be very strin gent legislation that no leave of absence shall be nted.
Mr. BROWN. Does it come from the Judiciary Committee?
Mr.JOHNSON. From the ComTerritor, I understand.
Mr. ANTHONY. Willful absence is punishable.
Mr. GRIMES. Here it is: That no person in any Territory now in office or who may hereafterbe in officeby appointment of the President, after he entersupon the dischargeof his official duties shall be absent from the Territory of which he is an officer for more than 30 days at anyonetime and no leaveof absenceshall O necessary or Brantodto any such officer.
Mr. JOHNSON. That is independent of the cause of the absence; the illness of his family may cause him to remain away from his It appears to me to be rather stringent lpeogsist.lation.
Mr. JOHNSON. Suppose they do not remain what is to be done?
Mr. hummus. Then they are to be removed from office by the terms of this bill. If an officer of a Territory is willfully absent from the discharge of his duties for more than 30 days at anyone time, it is made the duty of the President to remove him forthwith from office. He is permitted under this bill to go away and be absent 30 days at anyone time, to make a visit anywhere he pleases, and extend the visit for 30 days; but it is im. possible for justice to be administered by the Judges of these Territories or the business of the territorial governments to be conducted if the officers there are allowed whenever they see proper to leave and come here to Washington or to the States, because it takes 6 months or a ear generally to perform that oumcy, and during that time the people are ieft without any officers to discharge the duties necessary to be discharged for the interest of the people. I am not particular about the phraseol of the bill or about its terms, but think it is desirable that some such law as this should be passed in order to abolish and remove this abuse.
Mr. GRIMES. I do not know thatI understand this bill, but if I do understand it the result will be that if an Officer of one of the Territories is now in this city or in NewYork, or elsewhere outside of the Territory n on business, under a permit or a leave rante by a superior Officer in this city, an if he has been here 30 days, he is to be turned out of officc. I, is retrospective.
Mr. JOHNSON. Or he is to be turned out if he does not get home in 30 days.
Mr. GRIMES. I have no doubt that something ought to be done on this subject. I am as conse ious as the Senfrom Oregon is that great innstice has been done to the people of the erritories by the absence of the territorial officers. I have been informed of cases where the judges have been absent 9 months out of the 12. But it seems to me that this is rather a sweeping law. Sup.Ie the SecyTerritory of Idaho is instructed by the General Assembly of that Trrritor to procure the laws of the General AssembIv to be printed at the end of the session. c cannot print them in Idaho; he must necessarily come to some of the States. He must supervise the matter, attend to making a critical INDEX, and seeing that the printing of the laws is done correctly. Mr. HENDRICKS. Then he is not absent from his duties.
Mr. GRIMES. He is absent from the territory and the provision of the bill refers to absence from the Territory and not to absence from duty. In that case he must be put out of office at once.
Mr. NESMITH. As my colleague has already stated. a very great abuse has grown up on account of the absence of officers from the Territories. I think, however, it is mostly confined to judicial Officers. I know that judges in Washington and Idaho and I have heard similar complaints from Montana have been absent a good deal. But I think the provisions of this bill are a little too stringent. It some times becomes necessary that territorial officers should visit Washington city. I know thata few days ago a disatch was sent to an officer in Idaho requiring is presencein this city, not on private business but on business connected vi the Indian Dept in relation to treaties. Under this bill, however, notwithstanding the fact that he has been telegraphed for to come to Washington in the discharge of his official dut, he is liable tobe dismissed for complying with the order of his so erior. I prefer that the bill should limit caves of absence in some way, and I think that power is tolerably safe where it is lodged now, With the President and heads of Depts. I know they have recently become very stringentin the exercise of the power of granting permission and have refused leave of absence in severa cases. But if this bill is passed in its present form, if an Officeris ordered here on duty and it frequently becomes necessary to order officers of the Indian Dept here from the Territories he is not onlliable to lose his salary but to be dismisse from his office. I have no objection to the lzill if it be confined to judicial otheers; but if it is to extend to all territorial Officers, I should be lad to see some modification of it, though I admit there has been much cause of complaint on account of the absence of territorial officers from their Territones.
Mr. GRIMES. I hope the bill will be laid over.
Mr. WILLIAMS. I am not particular, as I before stated, as to the phraseology employed in this bill, but I am satisfied that if the bill provides that leave of absence may be granted as it is now granted by the President or by the heads of the different Depts, the bill will be of little or no value. I do not object to any exception that may be made where an exception may be supposed to be necessary; but so far as I know the applications that are made by these Officers are universally granted. There may have been an application denied, but not to my knowledge and I know that in very many cases officers leave their oeitions in the Territories and come here to ashing ton, and then solicit their friends and those whom they suppose to have influence with the properDept to apply for leave of ab sence, and upon application and by importunity this leave of absence is obtaineriI think that there ought to be some restriction upon that so that an officer sending a telegram here to Washington containing some representation that his absence is necessary shal not there upon obtain leave of absence, because the President or the head of a Dept may not be advised as to the necessity of his presence in the Territory. The object of the bill is to reach that mise hief as well as the other, and I concur in what my colleague says that rest evil has grown out of the absence of Judicial Officers from the Territories. As to the suggestion made by the Senfrom Iowa that the secretary might necessarily be absent to attend to the printing of the laws, let me say that may be done, without the presence of the secretary, and is generally done outside of the Territory without his presence to supervise the printing. I am willing if it is desired, that the bill shall go over, and that some amendments shall be proposed or suggested if Senators are not satisfied with the bill in its present form.
Mr. CONNESS. From one point of view the proposition now before the Senate interests me considerably; it calls my attention to the fact that to a very considerable extent the Territories of the U.S. are governed by appointees selected in the East from superannuated politicians, men either found unfit at home to fill high public station, or who have been in public station and out no considerable or creditable figure in it. such men have been very commonly selected and sent as a pln e upon the people of the Territories of the U.S. a people as a general rule the most virtuous, the most couragcous, the most. useful in the Republic. They go out frequently from comfortable and compensating industries in spired by the spirit of adventure and by the hope of making new homesin regions offering better inducements for success. They reduce the forest and the wilderness to civilization and use. They are generally men of marked intelligence, fine types of the American character, the men who have taken empire west ward and who are now rolling back civilization upon the East, and the very highest type of moral and political philosophy reduced to practice, from the ocean that ounds this continent on the west.
The PRESIDENT protempers. The morning hour having exired, it becomes the duty of the Chair to calFup the order of the day, being bills reported from the ComPensions, assigned by special order for this do.
Mr. CONNESS. If there is no haste in calling up those bills, I should like to proceed for a few moments.
Mr. LANE, of Indiana. I desire to pass all those bills today; there are a great many of them.
Mr. CONNESS. Iwill say to the Senator that I will not ocen 5 minutes.
The PRESIDEHT protempo re. The Senfrom California may proceed by unanimous consent of the Senate.
Mr. President, i this bill is to pass I do not know whether the vote is to be taken this morning
Mr. LANE, of Indiana. I must object to further discussion of the bill, and call for the order of the da. The PRESISENT protempore. The order of the day is now in order, and any further discussion can only be had by unanimous consent.
Mr. POMEROY. I had an amendment to repose to meet the very case submitted by the Senfrom California.
The PRESIDENT protempore. Bills reported from the ComPensions are the special order of the day. The Chair will, however, 1st dispose of some business on his table, by the indu gence of the Senate. postoffice FUNDS. The amendment of the HoRep to the JtResolution (S.R.No. 29) for the transfer of funds up reprinted for the payment of salaries in the 80st Office Dept I hope it will go to the general salary account of that Dept, was referred to the ComPostOffices. LIQUOR IN THE CAPITOL.
The PRESIDENT protempore laid before the Senate the amendment of the HoRep to the concurrent resolution ftxhe Senate prohibiting the saleof spirituous and other liquors in the Capitol builing and grounds; the amendment being to insert the words “and other public buildings” after the word “building” where it occurs in the resolution.
Mr. SHERMAN. The provision ought to be limited certainly to Washington, for there arepublic buildings and grounds in various parts of the country which would be covered unless some limitation were made.
Mr. CONNESS. In addition to that, I beg to an est that the resolution as it now stands exten s the jurisdiction of the President of the Senate and Speaker of the HoRep over other public buildings beside the Capitol, evidently with impropriety. I suggest that the amendment had better be referred to a committee.
Mr. ANTHONY and it applies not only here but to all public buildings allover the country. Is it expected that the President of the Senate and Speaker of the HoRep are to make a journey of investigation on the subject?
The PRESIDENT protempera. To what committee does the Senfrom California propose to refer the amendment?
Mr. SHERMAN. I suggest that the better way is just to disagree to the amendment of the HoRep. Then if they ask for a committee of conference the matter can be arran ed.
Mr. SUMNER.ingres with the Senfrom Ohio; the better way is to send it back.
The PRESIDENT rotempore. The question is on concurring in the amendment of the HoRep, and the Chair will put the question affirmatively.
Mr. SUMNER. My colleague, who introduced the resolution, is now absent, and I hope nothing will be done by which the resolution shall suffer. I agree, therefore, with my friendfrom Ohio that we had better disagree to the bHolise amendment and send the resolution ac.
Mr. POMEROY. Would it be in order to disagree with the amendment of the HoRep with an amendment?
The PRESIDENT protempers. The question will be put affirmatively, Will the Senate concur? A negative vote amounts to a nonconcurrence.
Mr. POMEROY. I think we ought to apply the principle of the confiscation act to this li uor traffic. It is a public enemy, and we ought to have the principle of search, seiz ure, and confiscation applied to it; but I shall not undertake to move an amendment now. the question being put, the amendment of the HoRep was nonconcurred in. PENSION LAWS.
Mr. LANE, of Indiana. I prepose 1st to take up the bill (S.No.22) supplementary to the several acts relating to pensions.
The PRESIDENT protempera. That is the 1st in order on the Calendar of the bills reported from the ComPensions.
Mr. LANE. of Indiana. In that case there is an adverse report, and in order to get the bill off the Calendar I move that it be indefinitely pestponed. The motion was agreed to. RATE OF PENSION. On motion of
Mr. LANE, of Indiana, the bill (S.No.131) supplementary to the several acts in relation to pensions was read the 2nd time, and considered as in ComWhole. It is provided by the bill that from and after its passage every non-commissioned otficcr, musician, artificer, or private of the Army including regulars, volunteers, and militia, and every warrant or petty officer, musician, seaman, ordinary seaman, flotilla man, marine, clerk, landsnian, pilot, or other person in the Navy or Marine corps, who has been disabled by reason of any wound received or disease contracted while in the service of the U.S and in the line of his duty, or who may hereafter be disabled in such service, and who is not now entitled by law to a greater sum, shall, upon making due proof according to such forms and regulations as are or may be required by or in pursuance of law, be placed upon the list of invalid pensions of the U.S., at the rate of 12 dollars permonth, to be governed by the some limitations and restrictions as are now prescribed by an act entitled “An act to grant pensions, ”approved July 14, 1862.
Mr. LANE, of Indiana. The subject matter of this bill is embraced in a general bill from the HoRep with this difference: that this biil proposes a general increase of pensions from 8 dollars to 12 dol hits a month, while the other bill proposes to increase the pension for greater disabilities and to leave the pension as it is for ordinary pensions. I propose to take up the general House bill, and I move, therefore, thatt is bill lie on the table for the present. The motion was agreed to. CHARLES YOULY.
Mr. LANE, of Indiana. I move next to take up House bill No. 218. The motion was agreed to; and the bill (H.R.No. 218) for the reliefof Charles Youly was considered as in ComWhole. It provides for the paymentto Charles Youl, of unkirk, Chautauqua county, NewYork, late private ofcompnny D, 72nd regiment NewYork volunteers, of $135 33L being at the rate of 5 dollars permonth, from the 25th day of November, 1862, to the 27th day of February, 1865.
Skip Skip The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. ANN BETH
Mr. LANE, of Indiana. I move next to take u the bill (S.No.201) for the relief of Ann Heth, widow of William Heth, of Harrison county, Indiana. The motion was agreed to; and the bill was read the 2nd time, and considered as in ComWhole. Its purpose is to direct the SecyInterior to place the name of Ann Heth, widow of William Heth, of Har rison county, in the State of Indiana. who was killed by the rebel Mor ns men, while resisting their advance upon orydon, Indiana, upon the pension roll, at the rate of 8 dollars r month, to commence on the 9th day of Ju y, 1863, and to continue during her WIdOWhOOd.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. RESTRICTIONS UPON PENSION PAYMENTS. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 46) removing the restrictions upon the payment of pensions to certain persons while in the service of the U.S., which had been reported upon adversely by the ComPensions. The resolution provides that the not entitled “An act supplementary to the several acts relating. to pensions, ” approved March 3, 1865, shall not hereafter be so construed as to deprive invalid pensioners, or the widows or heirs of any persons who have served in the Army or Navy during the late war, of the pension to which they are entitled by reason of holding any Office under the Government, in cases where the compensation received from the U.S. as pay or salary does not exceed $800 perannum.
Mr. LANE, of Indiana. The subject matter of this JtResolution is already contained in a general bill pending before the Senate, and I Sacrefore move that the JtResolution be indefinitely postponed. The motion was agreed to. ALBERT NEVINS. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 268) for the relief of Albert Nevins. By its terms the SecyInterior will be directed to place the name of Albert Nevins, late aprivate in company K, 92nd regiment NewYork State volunteers, upon the list of pensioners at the rate of 25 dollars permonth, in lieu of 8 dollars permonth heretofore allowed him; to commence on the passage of the act and to continue during his natural life.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. CORDELIA MURRAY. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H. It. No. 216) for the relief of Cordelia Murray. The bill proposes to direct the SecyInterior to, ay to Cordelia Murray, widow of George w. lilurray, the pension granted to George W Murray by an act ofCongress approved December 20, 1864, entitled “An act for the relief of George W. Murray.”
Mr. FESSENDEN. I should like to kno whether there is a report in this case.
Mr. LANE, of In iana. There are reports in all these cases. A House or Senate report accom anies every bill.
Mr. FESSENDEN. I rememlierthat for merly when we used to fall on a day like this somebod who guarded the Treasury pretty well wouId insist upon the reading of the report in each case
Mr. LANE, of Indiana. I have no objection to that. There is a report in every case.
Mr. FESSENDEN. So that we might see whether they were right or not. It was found to be retty difficult to get a good many of these bills through when they were understood. I do not feel inclined to take that othee, but I wish to ask my friendfrom Indiana whether all these cases which he is calling up have been very critically and carefully examined in the committee of which he is the chairman.
Mr. LANE, of Indiana. We have examined every case and every voucher and every paper, and the whole committee have reported upon them. We have been some 2 or 3 weeks trying to get these bills all right and in ship sha ie.
Mr. FESSENDEN. I suppose, as these are special acts granting pensions, that the cases do not come under any general law.
Mr. LANE, ofIndiana. They do not come under any general law; otherwise, they would not be here at all. I will ask the Secretary to read the report in this case.
Mr. FESSENDEN. I should like to hear the report. Has it been printed?
Mr. FESSENDEN. All these reports ought to be printed and laid on our tables, so that we may have a chance to read them.
Mr. LANE, of Indiana. That has been done, I think, in ever single instance with regard to Senate bills. his is a House report, and I do not know whether it was ordered to be printed or not. I do not think it was.
Mr. FESSENDEN. I have noticed that some of these reports in these pension cases have been laid on our tables. as that been followed as a general rule?
Mr. FESSENDEN. I should like to hear the report in this case. The Secretar read the report made in the Committee on nvalid Pensions in the HoRep, from which it appears that by an act of congress entitled “ An act for the relief of George. Murray, ” approved December 2. 1864, the ComrPension was directed to pay to him the pension to which he was entitlet by the act of Congress it proved March 3, 1837, entitled “An act for the more equitable administration of the Navy pension fund." After the passage of that act by the House and while it was pending in the senate,
Mr. Murray died. leaving a widow and several children in destitute circumstances. The committee therefore report a bill grantin to Mrs. Murray the pension which her husban would have drawn adhe lived until the pas of the act referred to.
Mr. FESSENDEN. I should like to hear the bill read again.
Mr. FESSENDEN. As the bill stands it might continue this pension indefinitely. I should think it hardly safe to pass the bill in its present form. If it is only intended to give her what he would have been entitled to receive up to the time of his death, had the bill passed before, it seems to me the bill does not carry out that idea.
Mr. LANE, of Indiana. I will send for the act referred to in the report and see exactly what the terms of that act are. I think, under the circumstances, the widow and children of this George W. Murray ought to have the benctit of this pension. The bill can be postponed for the present.
Mr. FESSENDEN. This is one of those cases where we can learn nothing from having the bill read.
Mr. LANE, of Indiana. I ask that the bill may lie over until I can get the act for the benefitof this
Mr. Murray and see what the terms of that act were.
The PRESIDENT protempore. The bill will be laid aside by common consent. CATHERINE MOCK. On motion of
Mr. LANE, of Indiana, the Senate. as in ComWhole, proceeded to consider the bill (H.R.No. 219) for the relief of Catherine Mock. The bill provides forplncin upon the pension roll the name of Catherine gliIock of the city of Baltimore, widow of William was ordnance sergeant, and died, at or near Fort )Iifiin, in 1837, at the rate of 8 dollars permonth, to commence from and after the passage of this act and continue during her natural.life. The ComPensions proposed to amend the bill by striking out the wor s “from and after the passage of this act” and insert in! " from the 1st ny of May, 1865.”
The Secretary read the following report, submitted by Mr. Stockton from the ComPensions on the 23d of March last: The Committee OnPensions, to whomwas referred ll" be biil No. 219.entitled "An act for the roliefof Catherine Mock." respectfully report: That it appears from the evidencebeforethe committeethat Catherine Mock is the widowof Mr.Wil ham ll. Mock, who served with fidelity as n private soldier during the Florida war: that he retinlisted soil was made ordnitncosergeantat Fort, Mifflin, on the Delaware. in 1856; that in November. 1837, he war druwnedwbilo attempting to cross the river to obtain supplies for the post. t fnrther nppearsthnt saidwidow is now more than 70 years of age. ntilicted. helpless and destitute of nl meansofsup port: that it is barely possible she will live 3 monthsto enjoy tbo pension provided by the hill. The committee think that the pension should be granted from the date when the claim came promi nntly before Consrcss. They therefore report the bill back with the tollowmg amendment: strike out in line 9. after the word "train, " the words " and iiltrr the passage of this act." and insert the follow iligrwords in place thereof. “ the lat day of May. AJ llThe committee recommend the passageof the bill amended.
Mr. LANE, of Indiana. That amendment is simply this: the bill as it passed the House granted a pension to Mrs. lllock from and alter the passage of this act; but it was thought by our committee the report was made by Mr. Stockton that the pension should commence from the time she fi ed her papers claiming the pension.
Mr. FESSENDEN. I should like to inquire. Mock, who l why she is not entitled to a pension under the choral law with reference to pensions? Why cos she not come within that law?
Mr. LANE, of Indiana. He was not killed in battle, as the Senator would have noticed if he had listened to the reading of the report.
Mr. FESSENDEN. I noticed that. Must they be killed in battle?
Mr. LANE, of Indiana. This man was drowned. A person must be killed in battle or die from wounds or disease contracted in the line of his duty in order to be entitled to a pension under the general pension law. The amendment was agreed to.
Mr. FESSENDEN. Unless we are to establish a new principle that is to apply to all these cases, the other reason in the report is hardly one that can be given; and that is, that she is aged and infirm and needs this pension. That would take out of the Treasury in all cases money for those who happen to be infirm and aged. I should like to know of the chairman if the committee have established the principle that in all cases where the widows of soldiers are left in needy circumstances they are to receive a pension.
Mr. LANE, of Indiana. The committee have established no such principle; but they have established in this bill)this principle: that ifa man is drowned while he is in the service, and in the discharge of his duty, he is entitled to a pension, as much so as though he had been shot down in the face of the Qiemy.
Mr. FESSENDEN. Have you confinedyour bills to cases of that description?
Mr. LANE, of Indiana. Certainly we do. We do not go into general charities at all.
Mr. FESSENDEN. I will not object to it; but I think the last reason given in the report ouflht to be omitted, because it might make a ban precedent.
Skip Skip The bill was ordered to a 3rd reading, read the 3rd time, and passed. MRS. MARTHA STEVENS. On motion of
Mr. LANE, of Indiana, the bill (S.No.237) grantin a pension to Mrs. Martha Stevens, was read a 2nd time and considered as in ComWhole. The SecyInterior, accordin to the bill, is to place the name of Mrs. Mart a Ste vens, widow of John F. Stevens, late deputy provost marshal of the 4th congressional district of the State of Indiana, on the pension roll, at the rate of 20 dollars permonth, to commence from the 10th day of June, 1863, and to continue during her widowhood.
Mr. LANE, of Indiana. There is a report in that case. Let it be read.
The Secretary read the following made by Mr. Lass, of Indiana, from therepoormt, mittee on Pensions, on the 2d of April: The ComPensions. to whom was referred the petition of Martha Stevens.widow of the late John F. Stevens.of Greensburg.Indiana. having had the sameunder consideration.bex leave to report: That John F. Stevens.late of Greens burg.Indiana the husbandof the petitioner.) was in the month of uric. 1863.in the employ of the Governmentasdep duty provost marshal of Decatur count.in the 4th congressionaldistrict of said State; that he, assaid deputy provost marshal, was ordered to proceed to Rush county, in said district. in commandoflt small detachmentoftroops to enforce the enrollment insaid county. where there had beenthreatened resistance to its execution. On the 10th day of Jiine.1863 he proceededto the execution of his orders and while intheperformnnce of hisdutieswasfiredupon by parties concealed in a wheat field and instantly killed. Under the above cirenmstance s the committeebe lieve that the petitioner should be placed on the roll of pensioners and therefore report a bill for herrclicf.
Mr. LANE, of Indiana. The reason of this special legislation is that provost marshals were not embraced in any of onr pension laws. It was an othee unknown at the time they were enacted. This man was killed in the discharge of his duties, and one of his murderers died in jail. The proof of all the circumstances is ver clear.
Mr. HENDRICKS. I feel a symyathv for this case, and shall vote for this bill, but I am not satisfied with the statement made by my colleague. I was attorney for the parties who were arrested on the charge of this murder, and I think I am justified in saying that my colleague is mistaken in saying that they were the murderers. Who the murderers were is a thing entirely unknown in that communit, and if the case had come to trial I expectedymost confidently the acquittal of the parties who were accused.
Mr. LANE, of Indiana. Of conrseI receive that explanation; the Senator lives in the immediate neighborhood; but there is no doubt. about the facts in the case.
Mr. HENDRICKS. There is no doubt about the fact that Mr. Stevens, while in the discharge of his duty as provost marshal in that district, was shot, without any justification whatever. He was a kind man, an I never heard that he abused the powers of his office.
Mr. FESSENDEN. Whatis the rate of the pension to be given his widow?
Mr. LANE, of Indiana. His rank in the Army Register is that of captain, and we propose to give the widow the pension of a cap tain.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a3rd reading, read the 3rd time, and passed. MRS. AMARILLA COOK. On motion of
Mr. LANE, of Indiana the bill (S.No.238) grantin a pension to rs? Amarilla Cook, was rep. 8 2nd time, and considered as in ComWhole. The name of Mrs. Amarillo Cook, Widow of John B. Cook, late deputy rovost marshal of the 16th congressional district of the State of Ohio, is by this bill to be placed on the pension roll, at the rate of 20 dollars permonth, to commence from the 5th nyof march, 1865, and to continue during her widowhood.
Mr. LANE, of Indiana. The circumstances in this case are very similar to the circumstances in the case just passed. Mr. Cook was a provost marshal, and was assassinated at his own door, and 2 of his murderers have since been hanged for his murder. The proofis all clear, and the committee thought that his widow was entitled to a pension. Ihe penSion is the pension of a captain.
Mr. FESSENDEN. I should like to hear it read. The Secretary then read the followm report, made by Mr. Lass, of Indiana, from the Committee on Pensions, on the 2d of April: The ComPensions.to whom was referred the petition ofcitizens ofCanibridge, Gucrnse county, Ohio. praying that a pension be grantedto h rs.Arna rilln Cook. having had thesameunder consideration. begbleaat vMertso. rAempoarrtil:la Cook i s the "R ID" of John B. Cook who was adeput provost marshal of the 16th congressional district of the State of Ohio, and who was murdered at Cambridge. Ohio. on the 5th day of MarchJSG S, by Hiram Oliver and John W. Hartup. 2 dese rters from the military service of the U.S. whom he had attempted to arrest, and who wont to his houseand shot him down almost in the presence of his family. for which crime they wereconvicted and executedat Camp Chaseon the 5thday of September.1865. The committee believing that no moremeritorious casehase omehe ore them.thereforereport a bill for her relief.
Mr. FESSENDEN. He was not in the execution of his duty at the time he was murdered. The report states that these parties went to his house and shot him.
Mr. LANE, of Indiana. The report states, if the Senator noticed it, that he had under taken to arrest 2 deserters but had not succeeded in making the arrest, and they subsequently proceeded to his house and slrot him down, shortly after dark. The fact of his being in the discharge of his duty was surely the cause of his death, for he hadgone there for the purpose of arresting them. We thought that he was clearly in the line of his duty, and that his widow ought to receive a pension.
Mr. FESSENDEN. I really think it is carrying the matter to a very considerable extent to grant pensions in any of these cases provost marshals can hardlybe considered in the military service. They are civil officers ton very great degree. Here was a man who, being an officer, and perhaps because he was an olhcer, was murdered, but not while he was attempting to discharge his duties. Perhaps he was mur dered to prevent his attemptingit at some future time. his is establishing something of a precedent. We have not given pensions, in any case that I know of, for civil service. I should like to know exactly how these provost marshals stood. Were they mustere into the service as military officers?
Mr. LANE, of Indiana. Provost marshals, under the conscription act, were mustered into the military service of the U.S., with the rank of capuiin. always wore the uniform, were always subject to orders, and they were charged with the execution of this conscription law. That was a part of their peculiar duties. It was also made their duty to arrest all deserters. Mr. Coak had gone from this village of Cambridge, I think, to arrest 2 deserters, but had not succeeded in their arrest. I believe they resisted the arrest. He had returned to his house, and shortly aficrward they followed him there and shot him down at his own door, and were afterward hanged for the murder. I do not thinknny clearer case of merit will ever be presented to the Senate. I think his death gas clearly occasioned by the discharge ofhis duty.
Mr. FESSENDEN. Iain notdisputin that; but I will ask the Senator how many of these cases he has got.
Mr. LANE, of Indiana. These are the only 2 that I know of in the U.S. They Were the cal 2 brought before us, and are almost identical in character.
Mr. FESSENDEN. You say that this man was mustered into the military service?
Mr. LANE, of Indiana. Yes, sir; and they were charged expressly with the execution of this law. That was their express duty.
Mr. FESSENDEN. I make no objection to it.
Mr. LANE, of Indiana. Imay beincorrect in the fact that they were actual! mustered, but they were commissioned and ordered to report to the nearest military commander.
Mr. FESSENDEN. Then I suppose they are to be considered as in the discharge of militar duty. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. MRS. ALTAZEBA L. WILLCOX. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 64) granti g a pension to Mrs. Altazera L. Will gpxko Cheuango county, in the State of NewYork. The bill provides for lacing the name of Altazera L. Willcox, of henango county, in the State of NewYork, widow of William willcox, late a private in company B, in the 114thregiment NewYork volunteers, on the pension roll, at the rate of 8 dollars permonth, to commence from and after the passage of the act, and to continue during her widowhood.
The Secretary read the report made by the ComInvalidPens in the HoRep, from which it apears that William Willcox, the late husband og the etitioner, enlisted in the 114th regiment NewYork infantr volunteers, and was regularly mustered into the service of the U.S. on the 11th of August, 1862, to serve 3 years or during the war, in the town of norwich, Chenango coun, NewYork. He served with his regiment unti some time in the s ring of 1864, when he was sent to the General ospital at the barracks near NewOrleans in consequence of chronic diarrhma, which disease was contracted while in the line of duty. On the 23d of May, 1864, he received a sick l fiirlough, and embarked the same da on the Government steamer Pocahontas for iis home in NewYork. On the night of June I, 1864, the steamer Pocahontas collided with the steamer City of Bath 06 the coast of NewJersey, and sunk, carrying down with her some 4opersons, among whom was William Willcox. It also appears that the petitioner and William Willcox were married to each other on the 12th of September, 1848. In view of these facts the committee recommend the passge of a bill granting a nsion to the etitioner at the rate of 8 dollars permont to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. JOHN HOFFMAN. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 265) granting a eiision to John Hoffman. By its provisions ohii Hoffman is to be placed on the pension roll, at the rate of 8 dollars permonth, to commence from and after the passage of the act, and to continue during his natural hfc.
Mr. FESSENDEN. Let us hear the report in that case. The Secreta read the report made by the ComInvalidPens in the HoRep. It tip cars from the evidence that the petitioner enlisted in the U.S. marine service at Philadelphia on the 16th day of August, 1827, and was placed on board the U.S. schooner Grampus which vessel sailed soon after for the Gulf O Mexico. While serving on the Grampus at Pensacola the petitioner appears to have been taken to the hospital on 2 occasions for diso1150contracted iu the line of his dut, and was finally discharged at NewYork on tie 6th day of May, 1830, upon the recommendation of his commanding o cer. It is alleged, and well established by the testimony of respectablepersons who have known him for a long time, that he never recovered from the disease contracted on ship board. The petitioner is aged and in very destitute circumstances. The committee therefore report a bill for his relief and recommend its passage.
Mr. GRIMES. Do you not propose to pay him this pension out of the nava pension fund?
Mr. LANE, of Indiana. No, air; the bill merely directs the SecyInterior to place his name on the pension rolls, and he is to be paid out of the general fund.
Mr. GRIMES. We are very much obliged to the Senator. There is about 11 or 12 million dollars in the naval pension fund, and it could well afford to pay this pension.
Mr. LANE, of Indiana. I have no doubt subject was that he is not now in the naval service.
Mr. GRIMES. I thought he was on board the Grampus?
Mr. LANE, of Indiana. He had been discharged for a great many years from the Navy, and was not in the Navy when he made his application, and I supposed we ought to put it on the general fund. I have no objection to letting it be paid out of the naval fund if the Senator will move that amendment.
Mr. GRIMES. How long ago did be contract this disease?
Mr. LANE, of Indiana. The report will s ow.
Mr. GRIMES. It does not state what it was. I ask for the reading of that portion of the report again. “
The Secretary read, as follows: While serving on the Grampus at Pensacola. the ppiettailtioner appearsto have beenadmitted to the hos on twuoccasionsofdiseasese ontractedwhile in the line of his duty."
Mr. JOHNSON. That does not state what the disease was. about that, but the difficulty we had on the 0
Mr. LANE, of Indiana. The papers in the case state it. It was not avery enteel disease, but a very disagreeable one. We did not think it necessary to specify it in the report.
Mr. Gltl MES. Was it contracted in the line of his duty?
Mr. LANE, of Indiana. Yes, sir; when changing the cables.
Mr. FESSENDEN. I really think this bill ought not to sea. It is a very old affair.
Mr. LAN, of Indiana. here seems to be some difficulty about the bill, and I move that it be laid aside for the present until I get one of the NewYork Senators to look into it, and shall call it u some other time.
The PRESIDENT protempore. It is moved that the further consideration of this bill be postponed. The motion was agreed to. AGNES w. LAUGHLIN.
Mr. LANE, of Indiana. I move now to take up for consideration Senate bill No. 241. The motion was agreed to; and the bill (S.No.241) directin the enrollment of Agnes W. Langhlin, the widow of a deceased soldier, as a pensioner, was read the 2nd time and consi cred as in ComWhole. It proposes to direct the ComrPension to enroll A nes W. Laughlin, widow of William Laugliliu, eceased, late a private in company C, 3rd Indiana cavalry, as entitled to a pension from the 1st of January, 1865.
Mr. LANE, of Indiana. Let the Secretary read the report.
The Secretary read the report made by Mr. Dans, from the ComPensions, by which it appears that William Laughlin was a private in company C of the 3rd Indiana cavalry; in December, 1864, he was in actual service and sick in hospital at NewOrleans, and was ordered to be transferred to a hospital in Indiana. A short furlough was granted him, and he went on board the U.S. vessel North America, to proceed to NewYork city. There were about 700 soldiers on board of this steamer f this tri; but before she reached her destine ort s sunk, and most of the soldiers, ineluing Iiaughlin, perished. His widow, under these circumstances, applies for a pension, and the committee think the case meritorious.
Mr. GRIMES. Is not the SecyInterior the Officer whom we direct to pay pensions?
Mr. GRIMES. I see that the bill is directed to the ComrPension
Mr. LANE, of Indiana. I movPto amend the bill by substituting “the SecyInterior” instead of “the ComrPension.” The amendment was agreed to.
Mr. LANE, of Indiana. I observe that by an oversight the bill contains no limitation as to the duration of the pension. I move to amend the bill by adding the words “to continue during her widowhood.” The amendment was read to. The bill was reporte to the Senate as amended, and the amendments were concurred in.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time and passed. ISABELLA ro00.
Mr. LANE, of Indiana. I move nowto take up for consideration the bill (H.R.No. 266) antin a pension to Isabella Fogg, of the Srtate O Maine. The motion was agreed to; and the bill was considered as in ComWhole. It proposes to direct the SecyInterior to place the name of Mrs. Isabella Fog on the pension roll, at the rate of 8 dollarn permonth, to commence from an after the passage of the act and to continue for her natural life, she having been totally disabled while acting as nurse on board the U.S. hospital boat near Louisville, in the State of Kentucky.
Mr. JOHNSON. Has there been any lim itation in the bills we have been passing confining the pensions to the widowhood of the pensioners?
Mr. LANE, of Indiana. There is that lim itation in the billsgenerally; but it is not applicable to this case. The caseis an exceedingly meritorious one. This lady nursed through tihe whole war without compensation, an her health was entirely broken down. She has letters from General Grunt, GenlSherman , General Meade, and all the commanding officers, recommending her as a most estimable lady of the highest character. The report of physicians is that she will probably not draw the nsion 6 months. the bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. MRS. EMBRANCE GOULEB.
Mr. LANE, of Indiana. I move that the Senate now proceed to the consideration of the bill (S.No.260) granting a pension to Mrs. Emerance Gouler. The motion was agreed to; and the bill was read the 2nd timeand considered as in ComWhole. Byits provisions the SecyInterior will be directed to place the name of Mrs. Emerance Gonler, widow of Charles Gouler, late a private in company F, 9th NewHampshire volunteers, on the pension roll, at the rate of 8 dollars or month, to commence from the passage of the bill and to continue during her widowhood.
Mr. JOHNSOL. I ask for the reading of the report in that case.
The Secretary read the which was made by Mr. LANEf, olloowf iInng the 10th instant: The ComPensions towhomwerereferred the petition and papers of Lmerance Gouler. have the same under consideration and report: It appears from the evidence in this case that Charles Gpuler, the husband of the petitioner. was a private in compau 1".math regimentNewHampshire volunteers. on was admitted to Satterlcc U.S. general hospital. Pennsylvania. on the 25th of his Suffering fromfever. That on the 8th ofOcto or following be received a assfrom said hospital to leave the premisesfor a cw hours and that no information was afterward received coneerni him until November 2), 1861.when it was stated y soldiers that he had beendrowned. Upon an investigation by u coroner over the body of ii soldier found in the Delaware river at Pine street wharf. Philadel hia. Pennsylvaa October14.1861 hewasidoutifi by the passand other papersfound on the body. The committee arcof opinion that this is n.merito rious case and that under the circumstances the petitioner should receivea pension. They therefore report abill for her relief.
Mr. LANE, of Indiana. He was in hospital and received a sick leave to o outafew hours InID the city, and never was card of any more until he was found in the Delaware river and identified by the passes on his person. Nobody can tell how he came into the river.
Mr. GRIMES. What. was the verdict of the wrOners jury I
Mr. LANE, of Indiana. The verdict of the coroners jury identified the body as that of the soldier who hadleft the hospital, and gave his name. He was identified by the passes on his rson. 3
Mr. JOHNSON. He was not drowned because he was a soldier.
Mr. LANE. of Indiana. He was not drowned because he was a soldier, bathe had received his furlough from his commanding officer, in hos fiital, to go away for a few hours on sick leave. e was clearly in the service of the country; for we have always regarded men on furlough as continuing in the sermon. Thesekare the facts of the case. The Senate can do with the bill just as the choose. 5
Mr. FESSE DEN. This bill ought not to This is a be passed. I think.
Mr. LANE, of Indiana. to the widow: we think the man was in the line of his dut.
Mr. FESSENDEN. He might have committed suicide and in that way deprived the Gpverauwnt willfully chia services. report, ions, on pension rowned
Mr. LANE, of Indiana. He was in the service of the country until he was discharged. While he was on furlough he was in the service.
Mr. FESSENDEN. He might have got drunk while on furlough.
Mr. LANE, of Indiana. That may be true. These facts can never be explained further than the report goes. I think it a clear case for a pension. The committee were unanimous, and believe the committee of the House have also agreed to report a bill in this case.
Mr. VANWINKLE. I believe that by law where a soldier absent on sick leave or on fur lough comes to his death his widow is entitled to a pension. This case differs from that. It was not a case of sick leave or furlough, but it was a mere permission for a convalese ent to leave the hospital for a few hours. He did so and did not return. Some 8 or 10 days after his body was found floating in the Dela ware river. The pass and other papers in his possession fully identified him as the man. here were no signs of violence on his body, and it may have been a case of accidental drowning.
Mr. FESSENDEN. Does the Senfrom Indiana insist on ushing the bill?
Mr. LANE, of ndiana. I think it is right. I have no interest in pushing;it I do not know any of the parties; but. it struck the committee us beinga fair case. A soldier is in the service of the country until he is properly discharged. A sick leave or a furlough never discharges the soldier from the service. This man came to his death accidentall by drowning. He was a sick soldier and may have fallen into the water accidentally. We cannot tell how that was. At all events he was a soldier in the service of his country, and we think his widow entitled to a pension. His sickness Was in the line of his duty; he had been in the hospital several days. The manner of his drowning can never be proved any more than it is now. The bill was reported to the Senate, ordered. to be engrossed or a 3rd reading, and was read the 3rd time.
Mr. FESSENDEN. I hope the Senate will not pass the bill. The bill was passed. SARAH E. WILSON.
Mr. LANE, of Indiana. I move now to take up the bill (S.No.252) granting a pension to Mrs. Sarah E. Wilson. The motion was agreed to; and the bill was read the 2nd time, and considered as in ComWhole. It provides for placing the name of Mrs. Sarah E. Wilson, widow of William H. will son, late acting surgeon U.S. volunteers, on the pension roll, at the rate of 17 dollars per month, to commence from the passage of the bill and to continue during her widowhood.
Mr. GRIMES. I should like to hear the report in that case.
The Secretary read the report made by Mr. KIRKWOOD on the 6th instant. as follows: The ComPensions.to whomwas referred the application of Sarah E. Wilson. have had the sameunder consideration and ask leave to submit the tollowin re ioit: William I. Wilson. the husbandof the applicant. was sergeant of company I. 82nd regiment NewYork volunteers: that he was a practicing physician and surgeonof and standingin his profession; that at the battle of all Run. July 21 1835 llie. was detailed to act in his professional capacity on the field; that while so Milllffhfl was taken prisoner by the enemy; that he remained in the hands of the enemyas n. prisoner until the fall of that year. when he was paroled and returned to his home; that at the butt O of Antietam. being still unexuhanged, he reported to the proper authorities at Wnsliinton in histprofcssional capacity, and was sent to the attic lie] to assistin caring for the wounded; that he discharged that duty faithfully and well, and while in the discharge thereof contracted the disease whereof hedied March 22 1863 The committee report the accompanyingbill and recommendits passage.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. w. n. TINKER and J. P. MELBOY.
Mr. LANE. of Indiana. I move next to take u the bill (S.No.76) to rant pensions to Wuter H. Tinker and John. Mc lroy, of Missouri. The motion was agreed to.
Mr. LANE, of Indiana. The ComPensions made an adverse report in the case, because it is covered by the revisions of the general law. I move that e bill be indefinitely postponed. The motion was agreed to.
Mr. LANE, of Indiana. I move to take up the bill (S.No.446) for the relief of Nicholas Hibner, late a private in the 6th regiment MissouriState militia. The motion was agreed to; and the bill was considered as in ComWhole. It is to direct the SecyInterior to place the name of Nicholas ibner, of Cald we 1 county, Missouri, and late a privatein the 6th regiment (cavalry) MissouriState militia, commanded by Colonel Catherwood, upon the list of pensioners at the rate of 8 dollars permonth, to commence on the passage of this act, and to continue during his natural life.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. SARAH E. PICKELL.
Mr. LANE, of Indiana. I move to taken House bill No. 458, granting a pension to Sar E. Pickell. The motion was agreed to.
Mr. LANE, of Indiana. That bill was reported adversely, and I move that it be indefinitely postponed. The motion was agreed to. ADJOURNMENT to MONDAY.
Mr. GRIMES. I move that when the Senate adjourn today it be to meet on Monday next.
Mr. MORRILL. On that motion I desireto read a communication upon which I may base a motion. I have had addressed to me a communication from certain persons who sign themselves an executive committee of the colored Union League in this city. I have been very much troubled to know what to do With it, but the Senators motion offers me an opportunity to read it to the Senate, and then I propose to base a motion upon it. It is: Whereas the 16thof April will be the anniversary of the abolition of slaver in the DistCol; and whereas we color citizens of the District are desirousof commemorating the great triumph of free and Christian principles over the Wicked power of slavery and treason: Therefore. Resolved. That we celebrate the said day With aprnpriato ceremonies. Resolved. hut looking to Congressas the sincere defenders of free and Christian principles and asour true friends and protector in the tnals and dangers with which we are surrounded. wa respectfully ask that body to articipate in the celebration of the anniversary O our emancipation. Resolved.That a copy of these resolutions be presented to both branchesof conrose. O leave it to your benefit le body to decide in what way and manner the said dayshull becelcbruted or respectully, J. L. UICltMAN, lbecutiee Committee of the Galored Union Loam. The 16th of April coming on Monday, I propose to amend the motion of the Senfrom Iowa, so that when the Senate adjourns today it adjourn to meet on Tuesday next. subimt that amendment in order to test the sense of the Senate on the communication which I have felt it in duty to read to the Sea ate. I simply bring the communication to the consideration of the Senate in this way With a view to taking the sense of the Senate on the subject. I do not wish to press it unnecessarily.
Mr. MORRILL. Very we 1; I Withdraw y amendment.
The PRESIDENTpro tempera. The amendment being withdrawn the question is on the motion of the Senfrom Iowa, that when the Senate adjourn today it be to meet on Monday next. The motion was agreed to. ANNIVERSARY OF THE ABOLITION OF SLAVERY.
Mr. MORRILL. I now present to the senate the communication which I havejustread, and I move that it be referred to the ComDistCol. The motion was agreed to. DISTRICT BUFERAG!.
Mr. SPRAGUE. Mr. President, I ask the consent of the Senate, and the indulgence of the honorable chairman of the ComDistCol, to elicit an answer to the following question: when is it his intention to press upon the attention of the Senate the bill conferrin the right to vote upon the colored men in the DistCol? I believe, sir, that in this question there is a solution of the problem O reconstruction, if favorably considered by the Senate. I am in favor of voting, with no restrictions or reservations except the qualification of honest man hood. Educationa qualifications may draw to the support of the question the weak and the timid. I am not, I ope, of that class. While I am absorbed with the conviction that the bonded warehouse system is detrimental to the interests of the country, and while I know that the delay in relieving the industry of the country from the burden of taxation now embarrasses every trade and our many agricultural and manufacturing interests, I yet am profoundly convinced that this subject is paramount in importance to all others. I therefore he e that the Senfrom Maine will without clay ask the attention of the senate to the House bill ranting suffrage to the colored men of the DistCol. I shall be glad if he can at this time desi nate a da when he will move the Senate to the consideration of this important national question, and that he and the Senate will support the House bill granting the right of suffrage to the colored citizens of the District withoutreservation or restriction of any kind. When that question is brought before the Senate I shall take an opportunity to show that upon the granting of the privilege of voting to the colored citizens in the southern States depends the maintenance of the Union, the power of the country, and the permanence of a RFG.
Mr. MORRILL. t will be remembered perhaps, that the ComDistCol reported the bill to which allusion is made some weeks ago, and at that time an attempt was made to bring the measure before the Senate, but there were several other measures considered of such importance as to justify, in the judgment of the Senate, their consideration at that time, which necessarily excluded the consideration of this bill. It has been my purpose from that time to the present to embrace the 1st Opportunity to present the subject anew to the Senate, and I Will say to my honorable friendfrom RhdIsland that at an early day I shall endeavor to call up the measure and press it on the consideration of the Senate. VIRGINIA K. T. MOORE.
Mr. LANE, ofIndiana. I move now to take up for consideration the bill (H.R.No. 267) granting a pension to Virginia K. V. Moore. The motion was agreed to; and the bill was considered as in ComWhole. It directs the SecyInterior to slace the name of Virginia K. V. Moore, aughter of Richard D. Ioore, deceased. late of company K, 72nd regiment Illinois volunteers, on the list of invalid pensioners and pay to her, or her legally appomted guardian, the sum of 8 dollars permonth from De cember 3, 1663, the date of the death of Richard D. Moore; until she shall have attained the age of 16 cars.
Mr. FESSENDEN. I should like to know what the precedent is for that.
Mr. LANE. of Indiana. Let the report be read.
The Secretary read the report made by the Committee on nvalid Pensions of the HoRep, by which it appeared that Richard D. Moore entered the service of the I U.S. in1862, and that he was discharged ou the 18th of August, 1863, on the certificate of an Army surgeon, for disability. The certificate sets forth that Moore had disease of the luu s, and that, in the surgeons opinion, he had tlgiat disease at the time he entered the service. Private Moore died at the Sisters of Mercy hospital in Chicago, December 8, 1868, leaving no wife, but one mine r child. Virginia K. Moore, aged about 7 years an 5 months. By the certificate of Lien tenant Allison, commanding the company of the deceased, it is shown that at the time of entering the service he was in good health, but on or about the 30th ofJul, 1862, he was taken sick, while in the line O his duty, with chronic diarrhcea, and placed in hospital, and he was discharged in 1863 on account of that sickness for which he went to the hospital in Chicago. By the aflidavit of the attending physician of that hospital, it appears that he died of chronic diarrhtna contracted while in the service of the U.S., and that he had no other disease at the time of his death. The committee being of the opinion that he died from sickness contracted while in the line of his duty, recommend the passage of the bill granting a pension to his daughter.
Mr. I"ESSENDEN. Is there any precedent for uch an allowance?
Mr. FESSENDEN. My question did not go to the matter of the disease. I asked whether there were precedents for granting pensions to children.
Mr. LANE. of Indiana. Under the pension law, pensions are continued to mine r children under 16 ears of age. I
Mr. VANWINKLE. Where there is no widow.,
Mr. LANE, of Indiana. There is no widow here; the proof shows that.
Mr. FESSENDEN. Are they granted to the children of all who are killed or die of disease contracted in the service?
Mr. LANE, of Indiana. Yes, sir; where there is no widow, to mine r children up to 16 years of a e. Then the pension stops.
Mr. VANw KLE. The pension is divided among them. This man was a remarkably intelligent man; hisletters show it; he was for a time a war correspondent of the few York Herald. His wife ied before the war, dhd he seems from the time of her death E) have been leading a wandering life.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Mr. LANE, of Indiana. I move now to take up the bill (H. It. No. 444) granting pension to Lewis w. Dietrich. The motion was agreed to; and the bill was considered as in ComWhole. It directs the SecyInterior to place the name of Lewis W. Dietrich, late a 2nd lieutenant of company E, 30th regiment U.S. colored troops, on the pension list, and to pay him a pension at the rate of 15 dollars permonth.
Mr. LANE, of Indiana. Let the report in this case be read; I have forgotten the circumstances.
The Secretary read the riport made by the House Committee on Inv did Pensions, by which it appeared that Lieutenant Dietrich, while on dut in the field in front of Peters burg and whi e in the act of cleaning his pistol, on the 11th of October, 1864, was severely wounded in the hand by its accidental discharge, and that subsequently, from the nature of the wound, it became necessary to submit to an am utation of his hand, and by reason of disability he was honorably discared the service. The committee, believing t at. the wound of Lieutenant Dietrich was an incident of the service in which he was engaged, rerded him as entitled to a pension. he bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ELIZABETH YORK. On motion of
Mr. LANE, of Indiana the bill (H.R.No. 448) nting a pension to. rs. Elizabeth York, widow of Shubal York, late surgeon in the 54th regiment Illinois infantry volunteers was considered as in comWho e. The bill provides for placing the name of Elizabeth orlr, widow of Shubal York, late a surgeon in the 50fonrth regiment Illinois. volunteer infantry, on the pension rolls, at the rate of 25 dollars permonth, to co r11 mence from and after the passage of this act, and to continue during her widowhood.
The Secretary read the report made by n the Committee on valid Pensions of the HoRep from which it that during Surgeon Yorks service, onapthpeea2r8etdhl of March. 1864, he was shot and killed at Charlestown. Coles coniityy Illinois, by disloyal citizens of that vicinity. he being at the time on ajourney from his home to reoin his regiment. he being in no respect in fault, but his death bein caused by a wanton and unpro volied nttac upon him and other soldiers by rebel citizens in tint localit.
Skip Skip The bill was reported to the Senate without amendment. ordered to a 3rd reading, read the 3rd time, and passed. BETSEY NASH. On motion of
Mr. LANE, of Indiana, the bill (H.R.No. 445) for the relief of the legal representatives of Betsey Nash, was considered as in ComWhole. The bill proposes to extend the provisions of the act of congress, approved March 3, 1857, for the relic of Betsey Nash, to her legal representatives, and the amount appropriated by that act is directed to be paid to them; but the sum paid by virtue of this act is not to exceed the amount due Betsey Nash at the time of her death.
Mr. FESSENDEN. I understand that there have been adverse reports in this case.,
Mr. LANE“ of Indiana. The bill comes from the HoRep; I do not know that it has ever been in the Senate.
Mr. FESSENDEN. I understand that it has been reported on adversely heretofore.
Mr. GRIMES. I do not see any reason why the pension should be extended to the legal reiresentatives. Mr. LANE, of Indiana. If there is any objection to the bill I am willing to let it lie over.
Mr. FESSENDEN. I think it had better lie over.
Mr. LANE, of Indiana. The committee thought that the report made in the HoRep was satisfactory.
Mr. VANWINKLE. It does not appear that there has been any adverse report.
Mr. LANE, of Indiana. I move that the bill be pestponed for the present. The motion was agreed to. THOMAS HURLY.
Mr. LANE, of Indiana. I move to take up the bill (H.R.No. 25) for the relief of Thomas Hurly. The motion was agreed to; and the bill was considered as in ComWhole. The SecyInterior is directed by the bill to place the name of Thomas Hurly, late a private of company K, 8th Tennessee cavalry, upon the pension rolls, at.the rate of 20 dollars permonth, from and after the passage of this act, and to continue during his natural life.
The Secretary read the report of the House ComInvalidPens, by which it appeared that Thomas Hurly while in the line of his duty was taken prisoner by the enemy at Bulls Gap, East Tennessee, was paroled and sent to Camp Chase, Ohio, from which place a furlough of 30 days was granted imto visit his home at Binghamton, NewYork. He was very weak and feeble from starvation and confinement at Danville prison. While on the Cleveland and Erie railroad being unable to obtain a seat he felt faint and went upon the platform of the car to get some fresh air, when feeling still faint and attempting to sit down he fell from the platform and was run over by the cars, in consequence of which accident his legs were amputated, March 7, 1813 3 and he was mustered out of service July 17, 1865. The committee deem his case aiirerfninently just one, and report a bill for his the Xe.
Mr. FESSENDEN. I shall not make any opposnion to the bill: I do not wish to do so; but I have always understood that the rule was imperative not to grant pensions to soldiers or officers who met with an accident while away on a visit. I know of a case in my own State where an officer, and a very meritorious one had leave of absence to go to NewOrleans, an on the way he was drowned; the vessel was blown u or burst her boilers or something of that kin; and a pension was denied I suppose that must be the general rule, and for thatrea son this special bill is introduced.
Mr. FESSENDEN. If this is to be passed, I suppose there will be a great many other cases of a similar description. I know that was a very severe case because the man lefta family.
Mr. LANE, ofIndiana. We have u billwhich the Senfrom West. Virginia will call up in a few minutes to apply to all cases of a fur lough, so that we shall have no more special legislation on this subject, but a general aw.
Mr. FESSENDEN. Why not let this case and all others of this description come under that general law?
Mr. LANE, ofIndiana. This billhas already passed the HoRep and will go into operation sooner.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ANN SHEEHEY. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 461) granting a pension to Ann Shechcy. By the bill the SecyInterior is directed to place the name of Ann Sheehey of Boston, Massachusetts, on the roll of invalid pensions, and ay or cause to be paid to her the sum of eight dollars permonth during her widowliood; and the properaccounting Officers of the Treasury are directed to settle and adiust the accounts of John Sheehey, late a privatein company D, 28 h Massachusetts vol uiiteers, and pay to Ann Shcehcy the amount that may be found to have been due him on the 3d day of July, 1863, the date of his death.
The Secretary read the report of the House ComInvalidPens, from which it; up ears that Ann Sheehey is the step mother of gohii Sheehc, late aprivate of company D, 2eighth assachusetts volunteers. Ann married the father of John in 1850, at which time John was but 6 years of age, when she took charge of him and discharged all the duties to him of a mother. In 1857the father of John died, leaving him entirely dependent on his stemother for su )port. On the 22d of Novem er, 1861, he enfisted in the 20 8th Massachusetts volunteers, and about this time the step mother and all the family become dependent on the son. On July 3, 1863 he was killed while in the line of duty at the battle of Gettysburg, Pennsylvania, leaving no relative in this country. The committee believe that the duties performed by Ann Shcehey of a mother come within the reason of the law granting pensions to mothers dependent upon sons i led in service, and therefore recommend the passage of the bill.
Mr. FESSENDEN. I ask if the committee design to extend all these cases to the step mother. Him that been usual?
Mr. LANE, of Indiana. It has never been done before; it is a departure from the rule; but the circumstances appeared so peculiar that we thought it an appropriate case.
Mr. FESSEND A. There are agreatmany other peculiar circumstances.
Mr. LANE, of Indiana. She took this boy when he was 6 ears old and raised and supported him until he got large enough to go into the Army. He went into the Army and was killed. Before his entering the Army her health failed entirely, and he supported her 11 to the time he entered the service. He was llediu the service; and although she is a step mother I do not see why the law should not be made to apply to her. She performed all the duties of a mother for some 15 years in raising him. The papers show him to have been a good young map; he supported her when her 1, reason he was not just in time. l health failed until he was killed, and the simple question is, whether we shall put a step mother on the same footing that his real mother would have been put. His real mother would have been embraced, but the step mother is not, in the present law.
Mr. SHERMAN. I do not want to reject one of these cases, but this is extending the principle very far, and the argument would apply Just as strongly in case this woman had been an aunt or even a person not connected by blood or marriage. Iehave never extended pensions so far as this and I am disinclined to enter on this principle.
Mr. FESSuYDhN. I think the bill had better be passed over and settled in a full senate. We can settle it better then than now, at any rate.
Mr. LANE, of Indiana. I move that the bill be laid aside for the present. It does introduce a new principle, no doubt. The motion was agreed to. MRS. ANNA G. GASTON. On motion of
Mr. LANE, of Indiana, the bill S.No. 261) for the relief of Mrs. Anna G. aston was read the 2nd time and constdered as in ComWhole. It directs the SecyInterior to place u(pon the penSion roll the name of Mrs. Anna. Gaston, of the city of Washington, WIdOW of Albert G: Gaston, deceased, late a lieutenant in the 16th regiment of Virginia volunteers from the date of the discharge of her husband mm the military service of the U.S. on account of disability arising from disease contracted in the service untilthe date ofhis death, namely, from the 5th of May, 1868, to the 7th of February, 1865, and to cause to be aid to her a pension at the rate of 17 dollars permonth for that term, without prejudice tot e pension heretofore allowed her y the ComrPension.
The Secretary read the followm report, made b
Mr. FESSENDEN. I think the Senfrom Indiana had better consent to lay that bill aside. It also establishes a new rule entirely.
Mr. VANWINKLE. During my connection with the Pension Committee there have certainly been all the time cases where a party has been deprived ofapension simply by some technicality, or because as in this case for some This man was contracted a disease from )ension to such coml in the service an lyin on the ground and eXposure, and lay an inva did on his bed. During the interval that elapsed from his bein honorably discharged from the service as disa iled and the time of his death, he was very sick indeed, scarcely able to hel himself. During that time, however, he endiavored to have an application made to the Pension Office. He employed an agent to prepare his papers, but that agent it seems moved away, or for some reason could not be found. Howas reatly solicitous about it, and sent his wife and; others to find the agent. They could not learn where he went except that he had one to the State of Connecticut. they did not fine w to what particular place. The party was doing all he could to have his application entered at the Pension office, and perhaps if he had lived 3 days longer the application might have been filed there, and then the widow would have been entitled to the pension for the whole time. The case is very clear. The ComrPension has allowed the widow a pension dating from his death, and the law as quoted in the report is express that where the application is pending at the time of the death the pension relates back to the time of the disabiity. If, as we consider, this is a debt which we owe to these soldiers, we ought not to take advantage of what could not have been their negligence under the circumstances.
Mr. FESSENDEN. How much time does it cover?
Mr. GRIMES. I understand the Senator to lay down the rule that this is justice to all. Then why not change your law and make it so? Why say that this particular woman shall be entitled to a pension for these 2 years that elapsed before the application was actually perfected, when you O not make the same allowance to soldiers who happen to be remote from this place, and who have greater disadvan takes in securin pensions than these people?
Mr. VANW!I KLE. The Senator oes not understand the case. This widow applied for a pension and received it from the date of her husbands death. If he had made the application during his lifetime, the law would have made her pension commence from the date of his disability. If the agent had done his duty he might have filed the papers inten days. They are perfectly clear, so that the pension was at once granted by the Commissioner upon them. The roof of marriage and everything else is comp etc.
Mr. GRIMLS. I have no doubt there are 10,000 cases, and more too, in the U.S., where there is more or less time, one year or 2 or 3 years, between the period when the person who rendered the service dies and the time when the widow or surviving heirs make their a lication. As I understand it, we settle, in this instance, if we pass this bill, a rule by which we are to be 5rned in the future, that in such cases as at we shall pay pension between the time at which the parties might have aplied and the time at which they did actual y apply and secure the pension.
Mr. VANWINKLE. There is a law that in certain cases an application must be made within 3 years, or otherwise the pension commences only from the time the proof is completed. That is intended, of course, as a safeguard to induce people to come forward at the propertime. But here the party endeav ored to make his aplication. e was a corsick man lying on iis bed, utterly help ess. He brought his case so near completion that a day or 2 might have completed it, or itniight. have been done if this agent had returned to the city before his death. If, as I said before, we consider that this is at all a debt which we Owe to these men and I considerit soto whatever extent the law gives it to them I do not think we ought to take advantage of a little lapse of time in this way, when the party him self If was not and could not have been in fault. it had been a case of volunta delay; if he had made no effort to have his application presented, then I should have nothing to say in favor of the claim.
Mr. VANWINKLE. The cases are not similar. In this case a particular application is made for which the roofs must be perfected or no pension will lie allowed. The widow subsequently makes application, the proofs are perfected, and the pension allowed, showing that this man most certainly would have got his pension if his application had been made and he had survive until it was disposed of at the Pension Office. The Senator is also mistaken in supposing that I put this upon humane rounds. here are such cases that come before us occasionally, and [am happy to know that they have been responded to when they come distinctly on that ground. But I mentioned the sickness of the man as showing his inability to do more than he did do; that while he was taking steps to have his application made, and was prevented giving it his personal supervision, he died, and simply because he died a few days sooner his widow is to lose the compensation that the law intended for her, as I think. If every case was to be decided, when it comes here, strictly accordin to law, there would be nothing that I know for the Pension Committee to do. All, or pretty much all, the cases that come before us are exceptional cases, and we have to examine the testimony, and generally speaking, where we believe there has been no ladies, no neglect, no misconduct, nothing wrong on the part of the aplicant, but there is only a technical ditii cu ty or something of this kind, where the time has expired a litt e too soon, the committee have been in the habit of reporting and both Houses of passing such bills. I think this addresses itself not to the humanity, but to the sense of justice of the Senate.
Mr. GRIMES. I think the Senator is mistaken in saying that the Senate has been in the habit of passing such bills. I served for some years on the Committe on Pensions, and L I never knew any such bill as this to pass and I think I could with safety appeal to the President of the body, who was chairman of that committee, to saythat no such bill ever did pass founded on such a principle.
Mr. VANWINKLE. I mean to say that they impose bills where the party does not bring mself quite within the law, so that the Commissioner can grant a pension.
Mr. GBIMES. Of course I agree with the Senfrom WestVirginia that if we adhered strictly to the law there would be no necessity for the ComPensions; but then there are certain rules by which that committee has been governed, an one of those rules is that pensions shall not be allowed between the time when the party makes up lication for a pension and the time when it shaiihe granted.
Mr. VANWINKLE. This bill is founded on a law precisely contrary to what the Senator now states. The law provides that if the application is inade at a certain time, the pension shall relate back to the time of the disability. This bill is to give the benefit of that provision to this widow.
Mr. GRIMES. I am quite well satisfied that this bill establishes too important a principle for us to pass it now in so thin a Senate, a principle that, as I understand it, will involve the taking of millions of dollars out of the Treasury. IdeSilO that the bill be laid over until we can examine it more fully.
Mr. LANE, of Indiana. You will hear me witness, Mr. President, that the rule of the Pension Committee, and in both Houses of Congress, has been variable. Sometimes the pension under special law is made to revert back to the time of disability, and sometimes only to the passage of the act. We have, during this session, in our committees, resolved to make the pensions always commence from the passage of the act, and not go back. But under the present law, where a pension is applied for in the Pension Office, and it is granted, it relates back to the filing of the application. This is a very peculiar case. The man was sick, unable to attend to his business, utterly prostrate, dying; and in that condition he sent his wife to emplo an agent to file his claim for a pension. Hi: had his neighbors running to try to get up his papers, he 1ing rostrate, sick all the time, worrying a out is papers; and before he could getthe papers presented by the agent, he died. The ComrPension, in a letter to the committee, recommends thisasan especially meritorious case, coming within the spirit but not the letter of the law. He was unable to make his application from disease and sick ness. The case the Gentfrom Iowa puts might be a little different; the neglect might have been voluntary; there might have been no good reason for it; but I am free to say that when the delay is explained satisfactorily to my mind, as the delay in this case, I shall, without the slightest hesitation, vote for the pension.
Mr. FESSENDEN. I think the Senator had better let this go over if he has other bills, because the Senate is very thin now.
Mr. LANE, of Indiana. I move that this bill be laid aside for the The motion was agreepretos.ent. MARINE HOSPITALS and REVENUE CUTTERS.
Mr. CHANDLER. I submit the followin report from a committee of conference, an as that it may be acted upon now: The committee of conference on the disagreeing votes of the 2 Houses on the amendmentsto the hill (H.R.No. 184)to authorise the saleof marine hospitals and of revenue cutters having met. after full and free conferencehave agreedto recommend, do recommend.to their respective Houses as: That the Senatereoadsfrom their 1st, 2nd and 3rd amendments. That the HoRep recede from their disagreementto the 4th amendmentto the Seitialte and agree to the samewith an ainendmeru as o ws: Strike out all after the word “ provided, ” in line 12 of said hill. down to the word "where, " in line 17 and insert the followmg; “That the hospitals at Cleveland, O i0 and Portland Maine, shall not. be sold or leased.nor shall hospital be sold or leased." JZO.HENHASNlDlhLRERM.AN. Home" onthepar! of the Senate. E. B. wASHBURNE. JB. EGGLEDIUN. “mm M. HUMPUREY, willie part of the Home. The report was concurred in. OBITLARY ADDRESSES ON SENATOR ro01“.
Mr. PODAND submitted the following resoluuon; which was referred to the ComPrintg: Rmleal That. there be published, in pamphlet form.for the use of the Senate.6,000copies of the addresses made by membersof the Senate and membersof the HoRep upon the occasionof the announcement of the death of Hon. bolomon Foot and that Rev. Dr. Suaderland be reanated to furnish a copy of the sermondelivered by imat the funeral of Senator Foot. to be published withlaid ltd CATTLE PLAGUE.
Mr. POL and I offer the following resolution, and ask for its present consideration: Resolved. That the SecyInterior be nested to inform the Senate whether he has any in ormation that the rinderpest or cattle plague, which has been so destructive on the eastern conti nent, has appeared in any part of the U.S and whether in his judgment any further measures canbe adopted to preventthe introduction or spread of such disease in this country, and if he has information what remediesand what courseoftreatiuent areadvisable. There being no objection, the Senate proceeded to consider the resolution.
Mr. GRIMES. It seems to me that should be addressed to the chief of the Bureau of A cultnrc.
Mr. POlifkND. I understand that the bureau of Agriculture is a part of the Dept of the Interior.
Mr. GlllMES. No, sir; it is a perfectly independent Dept .
Mr. POLANI. The resolution in the 1st place was directed to that Dept; but I supposed it was more appropriate to have it directed to the Dept of the Interior. I will modify the resolution so as to direct it to the Commissmner of the Dept of Agriculture.
The RRESIDENT m [cm are. The resolution will be so mod ed, ift ere be no objection.
Mr. POLAND. I understand that some in fiirmation on this subject is in the possession of the Dept which ought to go before the country. The resolution, as modified, was adopted. HOUSE BILL REFERRED. The JtResolution from the HoRep (H.R.No. 46) for the relief of Martha McCook. was read twice by its titlq, and referred to the ComPensions. AMENDMENT oppENSION LAWS. On motion of
Mr. VANwINKliE. The word "now" is proposed to be stricken out as superfluous: at any rate, if laws are hereafter passed including another class of persons in the pension laws, we should have to reenact all these provisions with reference to them. The amendment in line 12, to insert the words “while in the military or naval service, and in the line of duty, ” is a mere transposition of words, which depends upon the next amendment in the 15th and 16th lines, striking out the same words. It maybe passed by. therefore, until the next amendment is considered. I will state to the Senate that the sections of acts proposed to be reealed are those which grant to a man who has ost both fectapension of 20 dollars a month; where he has lost both hands or both eyes, 25 dollars a month 5 and where he has lost one hand and one foot, 20 dollars a month. The provisions in relation to those disabilities are in corporated in this bill in perhaps a better form. The committee of the Senate has gone further, and placed in the some classes other disabilities which are equal to the disabilities named. I ask the Secretary to read the next amendment with reference to the words that are transposed.
The Secretary read the amendment, in section one, line 15, to strike out the words “in the military or naval service, and in the line of dut, " and to insert “or otherwise so permanent y and totally disabled as to render them utterly helpless, or so nearly so as to require the constant personal aid and attendance of another."
The PRESIDENT protempore. The question is on the amendment reported by the committee. The amendment was agreed to.
Mr. VANwINKLE. The amendment just agreed to is on transposing those words, I suppose.
The PRESIDENT protempore. The 1st amendment that was read, strikin out the word “now” is the one on which tie Senate has just voted. The next amendment in order will be read.
Mr. VANWINKLE. In reference to that amendment, I send to the Secretary a letter from the SecyInterior, which he will please read down to the pencil marks on the 3rd page. i
Mr. VANwINKLE. I ask the Secretary to read the balance of the letter that I sent to the desk.
The Secretary read, as follows: You will perceive that the remaining section re enls a port of the 4th sectionof the act of July, 1864, and substitutesanother provision. It is not proposedto repeal the yhole section, as that would revivo the 12th section of the act of 1862.which was found in practice to be objectionable. The provision which is substituted confers upon the SecyInterior, who, as you are aware, has the superVisory control over the Pension Bureau, the power to detiiil clerks. which that section confers, or certainspecificpurposes.upon the ComrPensions. This powershould in my opinion. be exercised by the head of" the Dept; and I am not awareof another instance in our legislation whereit has been withdrawn from him and vestedin a bureauoilice. The powertodetail clerks to exam sineervaiened, report in regardto any branch of the public underthocharucofaDept, mny justly be considered as incidental to the authority vested bylaw in the head of such Dept, and I respect fully submit that such power should not be lodged elsewhere. The 1st clauseof the 2nd sectionof the draft repealing in part the 4th section of the act of 1864, might perhaps accomplish the purpose. butit may be properthat the power of theSe crctury to detail a clerk for the purposes mentioned in the aft should be unequivocal recognised by congress. The concludingportion of the draft excludes the claim of such clerk to any additional compensation for such special service and allows him nothing beyondhis traveling and other incidental expenses. In that respect it conformsto the existing usageof the Dept. I recommend the adoption of thesetwo sections. I am, sir, very respoctfilly hymouar osbHedAiReLnAtsNe.rvant, Secretary. Honno.mH, ssriv S. Lius. Chairman Commillec on Pen U.S. Senate.
Mr. GUTH R1111. I am satisfied that the SecyInterior should have the authorityt at this amendment provides for. I cannotconceive of a Dept being properly carried on where there is independent action on the part of one bureau of the others and of the Secretary. It is perfectly easy for the Commissioner to consult the Secretary, and to hear any objections that he may have. Where this is done, where the heads of the bureausact under the superintendence of the Secretary, all goes on right, and there is no trouble; but where they act independent of him, there is room for comlaint. There must beone man at the head of every one of these Depts to wield control over it and all the bureaus in it.
Mr. LANE, of Indiana. The nature of this amendment is just this: for the 1st 50 years underthe administration of the Pension ureau the ComrPension had a right to appomt special agents to investigate frauds. Sonic 2 years ago that right was given to the SecyInterior. Last year that was repealed and it. was placed back again in the handsof the ComrPension. Now, this is a proposition to place the power to appoint these agents in the hands of the Secretary oftlle Interior. That is the amendment founded upon the letter of the SecyInterior. Imtyself think these appointments should be made by the head of the bureau. He is more familiar with the character and qualifications of his own clerks than anyone else can be. If frauds are perpetrated in the bureau, he, and no one else, is responsible for those frauds. Another reason is that the clerks ill that bureau are familiar with the details of that office and more efficient than anyone detailed from the whole of the Interior Dept could possi bly be. Without having any feeling about it, my impression is that teamendment should not be adopted. It was reported by the committee simply to get the sense of the Senate as to whether this power should be given to the SecyInterior or remain with the ComrPension.
Mr. POMEROY. I think the amendment as it. was reported from the committee is right. This idea at allowing heads of bureaus to send 08 agents, independent of the Secretary, may work very well when we have good heads of bureaus; but all these heads O bureaus have to report to the Secretary; he is the real head, and responsible for the transaction of the whole business of the de artrnent.
Mr. POMEROY. As the law now stands, the heads of the different bureaus may send out their clerks without consulting the SecyInterior. As the law is to be, if this amendment. should be adopted, the SecyInterior will senthem out. Of course he is the man that ought to do it, as he is responsible for the whole Dept, and ought to be allowed to send out such clerks as he may choose. I think the amendment is clearly right.
Mr. HENDRIKS. I will ask the Senfrom Kansas whether there has been any abuse during the last year that requires a change of the law.
Mr. POMEROY. I do not know that there nus been any abuse; but this amendment, giving the SecyInterior charge over this subject, makes the Interior Dept in harmony with the other Depts of the Government.ment no particular bureau sends off a man to investigate a fraud, but the SecyTreasury does it. He details clerks from the Dept; and why the SecyInterior should not have the same right that the other heads of Depts of the government havel cannot understand. I recollect that 2 years ago we passed a law giving this power to the SecyInterior. Subsequently, in some way or other, that law was repealed, and it was given to the ComrPension. Now, the proposition is to restore it again to the SecyInterior, and I think that is where it should be.
Mr. HENDRICKS. I will ask the Senator if in the Treasury Dept the heads of the National Currency ureau and the Internalrevenue Bureau do not conduct their own affairs and make their own appointments.
Mr. POMEROY. I think not; only through the SecyTreasury.
Mr. POMEROY. That is the way I under In the Treasury Depart stand it. I know that is so with regard to the Internalrevenue Bureau, and I suppose it is true of the others.
Mr. HENDRICKS. My point is this: I cannot see any necessity for changing a law against which there is no complaint. I am perfectly willing to give this power to the SecyInterior; but to take it away from the Commissioner, who has special charge of this business, would seem to be a reflection upon him, and I should be reluctant to change a little matter of this sort when there is no complaint of the law as it now stands.
Mr. POMEROY. I suppose the SecyInterior did not constder it a reflection on him when it was taken away from him by the law passed 2 years ago. I know of no reason why it should be so considered.
Mr. VANWINKLE. The Senfrom Kansas is mistaken in saying that the power has been taken away from the SecyInterior. Previous to the act of 1862 it was a mere usage which had grown up in the Dept and it is not preposed to change what was t on done, except as to the mode of appointment. But in 1864, as I have alrea y stated, a law was passed authorizing the appointment of special agents for this purpose; but, as stated y the SecyInterior and the ComrPensions, it was found not to o crate well in practice, and then they returne to the old usage, but under the sanction of law. It isno reflection in that way, The ComrPensiousis new bylawallthorized to appoint examining surgeons and other officers connected with the details of his office; and it appears to me, as has been already sugested, that this is a matter that is entire y within the properduties of the Pension office. It is not like sending Treasury agents to go South and investigate cotton sales and things of that kind, but it is the overseeing of the various pension agents throughoutthe country, and that devolves, it appears to me, especially upon the ComrPension, he being in fact the resonsible man for all that isdone. In that view am inclined to thiuk that he should have the selection of these agents.
Mr. GUTHRIE. I have already said that in my judgment it is properthat this amendment should be adopted, and that the SecyInterior should be recognized as the chief officer of that Dept, without whose saliction nothing coul)d be done. This idea of set ting out independent bureaus here and giving them authority independent of the SecyInterior will lead to no good, but must necessarily lead to harm. Ambitious individuals will draw to themselves the patronage which the chief of the De urtment ought to have. I can say for mysel, that there never was a time, when I was in the Treasury, where I had a good officer that Idid not consult him upon the propriety of all selections of this sort. At that time odicers were appointed to examine the various ports of the country, to investigate frauds, to investigate the coinage, and everything of that kind, and while I was in the Dept all this was done under my sanction, but not without consultation with the individual who had charge of that particularbranch of the Dept. It wor ed well, and it ought so to work. No man in any of our De artlnents should feel. himself in any respect independent of the head of that Dept. You cannot have one of the Depts governed well unless it is under the control of the man who is at the head of it. You hold him responsible, and he ought to be held resonsible, and he ought to know everything that is done in the office, who is sent out and who is not sent out, and what the qualifications of the persons sent out are. It is properthat he should know it, and in order that everything may be done right, it is necessary that he should know it.
Mr. FESSENDEN called for the yeas&nays on the amendment, and they were ordered; and being taken resulted years 18, nays 11; ABSENT 20. So the amendment was agreed to.
Mr. JOHNSON. Permit me to ask whether that is to be evidence that there is no other wife entitled to claim a pension.
Mr. VANWIN KLE. The section of the law as it now stands provides that it is to be proved by the allidavits of credible witnesses, which would necessarily imply 2 witnesses. I have changed that in this amendment, so as to make it proof satisfactory to the ComrPension. If the man and woman have lived together for 2 years next preceding the enlistment. of the man, and recognized each other as man and wife, that is to be received as sufficient proof of marriage when that fact is established.
Mr. JOHNSON. But what I want to know, with the indulgence Of my friendfrom WestVirginia, is, whether that is to be considered as evidence that there is no other wife. It is Only evidence that she was the last wife; but these people because of the condition in which they have been placed in the past, not knowing there was any immorality in it, and being prohibited to some extent from marrying at all were in the habit of having some 4 or live wives. As they were sold from master to mas ter, or went from State to State, they contracted, accordin to their mode of contracting, a marriage. Tiany of these men I suppose really have wives, in the sense in which the term is used in this amendment, in hulfa dozen of the States. I wanted to know whether the amendment provides that it is to be the last only who is to receive the pension, so as to exclude antecedent ones.
Mr. VANWINKLE. Yes, sir. The Senfrom Maryland is well aware, I presume, though many Senators may not be, that in the State of Virginia, for instance, there was no law prohibiting the marriage of slaves, but the common law would not recognize a contract made by a slave, either of marriage or anything else. They were, while slaves, in the habit of going through the forms of marriage. Some other negro would perhaps read from the printed ceremonies of one of the churches, and they acknowledged one another as man and wife, and, if virtuously inclined, lived together as man and wife, and conducted themselves secmly in that regard. They had, as the Senfrom Maryland says. the idea that when they changed their location they could take another wife; and they have been doing it not very far from here, even since the war commenced. They are now getting the knowledge that the ceremony must he solemnized between them, or they will not be recognized; and that great evil of the system of slavery will, of course, cease. It would be hard, where a man and woman have lived together, considering themselves as man and wife, raising children and recognizing them as their children, that this woman, who was a wife in everything except the legal ceremony, and the children who, if that marriage could be recognized, were legit imate children, should be cut off from the benefitof the pension laws on account of this want of formslit in the marriage of the parents.
Mr. JOHNSON. The Senator does not understand me. I do not want to cut them 05 at all. I only want to know whether more than one woman can receive a pension for the lorvicss of one man.
Mr. VANWINKLE. Certain] not, only the woman with whom he live a definite period, at least 2 years next preceding his enlistment. Those provisions are in the law already. I merely want to expand them a little so as to apply them a little further. As Senators are gettin impatient, and as this subject may be one, ooking at the source from which it comes, that should receive further investigation, I will move that the further consideration of the bill be postponed until Mon day next, and that in the meanwhile this amendment be printed. The motion was agreed to. EXECUTIVE SESSION.
Mr. BROWN. I move that the Senate do now adjourn.
Mr. RAMSEY. I hope not. I ask the Son ator to withdraw the motion. It is very important that we should have an executive session for a few moments, and if the Senfrom Missouriwill withdraw the motion to adjourn, I will make that motion.
Mr. RAMSEY. Then I move than 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. FRIDAY, April 13, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of yesterday was read and approved. STEAMER DIANA.
Mr. DENNY, by unanimous consent, introduced a bill to issue an American registerto the steamer Diana; which was read a 1st and 2nd time, and referred to the ComCommerce. CHOLERA.
Mr. WASHBURNE, of Illinois, by unanimous consent, moved that the ComCommerce be instructed to inquire what legislation, if any, is necessary to prevent the intro duction of the cholera into the ports of the U.S. The motion was agreed to.
Skip Skip LEAVE OF ABSENCE.Mr. ASHLEY, of Ohio. AsIam somewhat unwell, I ask leave of absence for one week. There was no objection, and it was granted accordingly. COMMITTEE ON Tnnmromss.
Mr. ASHLEY, of Ohio. I was absent yesterday when the ComTerritor was called. I ask now that it shall have 2 morn in hours week after next.
Mr. WASHBURNE, of Illinois. I object to 2 mornin hours, as it has alread had one.
Mr. ASH.EY, of Ohio. It will isplace no other committee.
Mr. WASHBURNE, of Illinois. I leave that matter to be decided when it comes up.
Mr. STEVENS. Suppose they are not called, will the come in? the IEAKER. The committee is now being called; it will come in again next Tues day. The Chair hears no objection, and the committee will have next Thursday week. PERSONAL EXPLANATION.
Mr. SCOFIELD. I ask leave to make a personal exlanation. The SPE KER. The Gentfrom Pennsylvania [Min Seorrnw] asks unanimous consent to make a personal explanation. The Chair bears no obection.
Mr. MOltRILL. These members who were present whenever this subject has been acted upon heretofore will all bear witness to the zeal of the Gentfrom Pennsylvania [Mr. Seer 121.0] In endeavoring to remove or to reduce the tax upon petroleum. Early in the present session he was several times at my desk in relation to this subject, and I gave him distinctly to understand that it was in my O iuion the intention of the ComWays&Means to entirely remove the tax on crude petroleum, and he need therefore have no anxiety on the subject.
Mr. SCOFIELD. I ask the chairman of the ComWays&Means of the last Congress
Mr. STVENS. We all recollect all the members of the committee that during the last Congress we were, I will not say importuned, but very much visited by the Gentfrom the Erie district [Mr. Scot asap] upon this subject, protesting against the tax we were then about to put upon crude petro leum. The committee, however, agreed to the tax finally fixed and it may be within the recollection of others than myself that the Gentfrom Pennsylvania
Mr. SCOFIELD] made not only a persistent at some of us thought unreasona ls effort to have the tax reduced or taken 08 and I will say further, although he may not think it much in his praise, that when he did not succeed he became somewhat offended, and by several subsequent motions which were made sought to retaliate upon those who went against him on the taxing of petroleum. I thought for one that he was too persistentin his efforts in favor of that interest.
Mr. GRINNELL. Let me say that at the last session I denominated the Gentfrom theErie district [Mr. Seosisw I the“free light man, " and I think he deserved the honor.
Mr. SCOFIELD. I yield now for a few moments to my colleague, [Mr. Luvssse u.)
Mr. LAWRENCE, of Pennsylvania. I de sire to so for myself that on more than one 0cc$on have called on the chairman of the ComWays&Means on this very subject, and have submitted a memorial on the subject to that committee. I have couversed, also, with General GARFIELD, of Ohio, on the subject. Intelligent gentlemen from my district have been here, and have been at my room over and over again. I gave them the same assurance that my colleague from the Erie district says he gave these gentlemen who have misre presented the action of the Representatives rorn western Pennsylvania. I have talked with all of them, and it is the universal opinion of the delegation that this tax should be reduced or rhaps entirely abrogated. These gentlemen are done injustice, and I presume intentional injustice, to the members from western Pennsylvania.
Mr. SCOFIELD. I now yield for a few moments to my colleague from the Pittsburg district, [Mr. Moornrm.]
Mr. MOORHEAD. I want to say sword upon this subject, but not for the purpose of excusing myself for anything I have done or failed to do. At the last session of Congress when the question of taxing petroleum crude was before the House I was in favor of the his and advocated it strongl, and know that in so doing, I incurred the displeasure of the gentlemen who have made this report and the persons they represent. I thoug t then that this petroleum interest should contribute something toward the yment of the interest on our debt. I was in avor of the tax for that reason. I have found that in practice it works badly and operates very unfavorably on small wells and small dealers. I think the taxation should be laid on the large wclls only and I would like to see something of that kind done. I do not see, however, how it can well be done. The gentlemen who have made this report through the nmvspapers, when they were ere called on me, and l gave them the same assur miccs which my colleague from the Erie district gave them; I w d them that, from my intercourse with other members of the ComWays&Means, I had reason to believe that the tax would be repealed. I told them that I was in favor of taking it off and that I had no doubt the ComWays&Means would so reart. I can only say that I am astonished that they should have made such a report as theyhnve. The Gentfrom the Lrie district talked with me very frequently on this subject, urgin" the takin 08 of the tax, even before he had any knowedge of this committee being here; and he had assurances from me and from other members of the ComWays&Means that we believed it would be taken 011.
Mr. SCOFIELD. I have only to say further that I do not wish in any way to detract from the credit given to the Gentfrom Ohio [Mr. GAB 11513.] He cserves, perhaps, all mat is said of him, and the delegation from western Pennsylvania deserve none of the slander that is heaped u n them.
Mr. GARFIELD. the Gentfrom NewYork allow me to say a word?
Mr. GARFIELD. I desire to say in regard to this matter, that I knew of no such report as this being in the newspagers until the Gentfrom Pennsylvania [Mr. Seormw] read it this morning. As a member of the committee this subject was in part referred to me, and 2 delegations came on here from Pennsylvania, some of the members of which werepersonally known to me, and they came to me. I assisted them in getting facts from the internalrevenue Dept, as I would have done any other committee, and I assured them also that I Ihad looked into the subject and believed that firude petroleum ought to be exempted from duty. I am surprised at these statements made reflecting on the members from Pennsylvania, because I know that 3 of them have spoken to me several times upon the subject. I suppose the chief reason why theso parties came to the was in consequence of a previods acquaintance, and also for the reason that the Representative of the oil region proper[Mr. CULVER] has hardly been in his seat this session.
Mr. SCHENCK. I call for the regular order.
The SPEAKER. The 1st business in order is the call of committees for bills of a private nature, commencin with the ComInvalidPens, were the call rested on last Friday. JosBPH nnAoDON, JR. On motion of
Mr. SPALDING, by unanimous consent, the ComAppropriat was discharged from the further consideration of the petition of Joseph Bragdon, jrs and the same was referred to the ComWays&Means. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill S.No. 31) entitled “An act to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, e nipping, and provisionin militia forces to aid in suppressing the rebellion;” when the Speaker signed the same.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled bills of the following title s; which were thereupon signed by the Speaker: An act (H.R.No. 150) for the relief of the administrators and securities of Almon W. Bab bitt, late secretary of Utah; and An not (H.R.No. 471) to provide that the “Soldiers Individual Memorial” shall liccar ried through the mails at the usual rate of printed matter. MRS. MARTHA MCOOK.
Mr. TAYLOR, from the ComInvalidPens, reported back House Jtresolution No. 46, for the relief of Martha McCook, with an amendment in the nature of a substitute. The JtResolution was read. It provides a pension of $300 perannum to Mrs. Martha McCook of Jefferson county, Ohio, during her natural life, on account of the loss of her unmarried sons, Charles M. McCook and Brigadier General Robert L. McCook. The substitute preposes to give Mrs. Martha McCook an annuity during her natural life of $250 or annum, to be paid semi annually, in consideration of the services of her husband and 8 sons in the late war, 4 of whom have died of wounds received in service. The question was upon agreeing to the substitirte.
Mr. ERHAM. I trust the Gentfrom NewYork [Mr. TAYLOR] will not call the previous question until the minority of the committee have been heard.
Mr. TAYLOR. I withdraw the call for the previous Question for the present.
Mr. PERHAM. I desire to submita minority report, which I ask to have read. The report was read. It states that while the minority of the ComInvalidPens recocuize fully the distinguished services of the McCook family, they are unable to see why, from all the widows and mothers who have given their husbands and sons to their countrys cause, this one should be selected to receive this compliment and substantial aid. The precedent would be a dangerous one, and if followed and a similar gratuity given to all who might as reasonably claim it, the draft n on the national Treasury would be very large. any 1,000s of fathers and mothers who have given all their sons to the service will feel that their claims are as good as this. Some have already applied for pensions, and their applications must be responded to favorably or they will feel that injustice has been done them. Mrs. McCook is now in thereceipt of a pension of $300 perannum, to which she is entitled by the death of her husband in the service. The minority of the committee therefore recommend that Mrs. McCook be allowed to take, instead of the amount she now receives, a pension for the loss of her son, Brigadier General Robert L. McCook, which would be $360 or annuln; and report an amendment to that effect. The amendment of the minority was read. It directs the SecyInterior to place upon the pension roll the name of Mrs. Martha cCook, the widow of Daniel McCook and the mother of Robert L. McCook, at the rate of 30 dollars permonth during her widow hood: in lieu of the pension she now receives of 25 dollars permonth.
Mr. PERHAM. I was one of the minority committee who were unable to come to the same conclusion to which the majority of the ComInvalidPens arrived in regard to this subject. I have no reason to detract at all from the just meed of praise that is due to this McCook family. I am willing to grantall that is claimed in that respect. But the question arises whether this country, in its present financial embarrassment, is in a condition to allow this class of  stipends to all the mothers and fathers who have given their sons to the service of their country. There are 1,000s of instances of poor mothers who have been left, it may be, with a large family of small children on their hands for support, who are receiving pensions of but 8 dollars permonth, yet who have given to the country all they had to give. Many of them have lost sons in the service, and the minority of the committee are unwilling to select this one case, this one lady, this one mother, however worthy she may be, and ive to her this sti end of the Government while others are one uded. The committee already have submitted to them for consideration one case very similar to this in regard to which the have presented an adverse report. They have now before them the case of a father who claims that he has given to the service 7 sons and one grandson, and he asks that some consideration of this kind be granted to him. The minority of the committee fear the precedent which would be established by the assage of the bill now under consideration, an therefore they object to its passage.
Mr. THAYER. Does the gentleman mean to say that in the instance he referred to the 7 sons and a grandson were killed in the service?
Mr. THAYER. That is a very material difference; and that distinguishes very decidedly the case which he puts from the case now under consideration.
Mr. PERHAN. The gentleman will bear in mind that all the sons of Mrs. McCook were not killed.
Mr. THAYER. 4 of them were killed in addition to her husband.
Mr. PERHAM. The minority of the committee desire that this question shall be presented distinctly, and shall be decided by the House with a full understanding of the prece the y were not killed butdent which will be established by the passage of this bill. The action of the {louse on this case may be regarded as an instruction to the committee in similar cases which we now have before us, and others which must come before us. The minority of the committee propose that the pension which Mrs. McCook is now receiv in shall be increased from 25 to 30 dollars permonth, thus giving her the pension to which she would be entitled in consequence of the death of her son, who was a brigadier general, instead of the pension for the death of her husband, who was a major.
Mr. EGGLESTON. It is very seldom, Mr. Speaker, that I attempt to say anything in this House; but on a question of this kind, in relation to which I have some knowledge of the facts of the case, I cannot remain silent and hear gentlemen on this floor depreciate the services of the brave and noble family to whom allusion has been made. The McCook family are, in Ohio, truly called the “fighting family.” Mrs. McCook has lost 4 sons in this war; and last of all, by a dispensation of divine Providence, her husband was taken while trying to stay the ravages of that des erado Mor an, who marched through the State of In iaiia, and nearly through the State of Ohio. I say that this House should indorse the report of the majority of the committee, and thus signify our 11 preciation of the patriotism of this family. he majority propose that we shall give this widow $250 perannum, in addition to the 25 dollars permonth which she is now receiving; and this proposition should receive the aproval of the House. There need be no fear that any other case like this will ever come before this Congress. The records of this war may be searched in vain to find another family like the McCook family. I for one, as a Representative from Ohio, shall take pleasure in voting for the proposition submitted by the majority of the committee; and if any gentleman in this House can present any similar case or cases I am ready to vote for alike appropriation in such cases.
Mr. MOULTON. it is acase from I line is, and I want her to be heard from.
The Clerk read, as follows: Assnssons Orr ion, Usiriio Srsrss INTERNAL Rsvsimn, Ssvssrn Disriuer or Illinois, PARIS, March 8. 1845. MY DEAR FRIEND! I gentleman ofyour seeby the papers that some llouse has beenintroducing some resolution of thanks or comliments to some gentlemun that had 5 sonsin the Union Armg. ow. I wish to put in your hands this cass: Mrs. mogeno Buckingham.of this county, had 8 sons and 3 grandsons in the Union Army, 2 were killed at Shiloh, the other 6 lived through, and were all honorably discharged . One of her grandsons was badlywoundedat one saw. The namesof thesesonl arSeaams fuoelllows. namely: Buckinihammom any a, sev enth regiment Illinois cavalry: dson Bucingham, in a California regiment; John Buckinxhumdn 13th Missouri regiment; Jose h Benjamin Bllt inBuckingham, inan Iowa, regiment; in 20th Illinois regiment, dead: CharlesM. Buckingham in 29th Illinois regiment, dead; Jacob Iiiickinighain. in 29th Illinois regiment: hlijah Buckingham. in 29th IlllDOlS regiment. She is awidow, and has been for 16 years and in abject poverty; is 67 yearspld: a woman of fine native sensewas born in Fairfield county. town of Brookficld, Connecticuther maiden name was Imogene Campbell; married 3dof August, 1817, in Brookfiold. Connecticut. to Philip Buckingham. She is now llVlnR all alone. about 5 miles from this place; has lived in this county about 25 years. The reasonI have been thus particular and minute is to enable you if possible to procure her I. s pension, asall oft 050that died had heirs ccial of their own. Thesefacts are allas I have statedthem. See what can be done. She.does not own one foot of land. The case is now with you. lloing that somethingmu be done for this noble old ankoomother, I nm, with respect, your obedient w. RIVES. Assessor7th District Illine ic. Hon. S. W. Menu ox, Washington, D. C. I indorse the above statement astrue to the best of my knowledgeand belief. T. C. W. SALE.
Mr. GRINN ELL. I have had cases presented to my consideration where there were 6, and in one case 7, in one family who have served as privates.when the family itself was poor. Should I not appeal in vain to this House for money for them? I choose to consider the claim of our “ grey beards and those with unequal bounties and the most needy 1st.
Mr. TAYLOR. I yield to the Gentfrom NewJersey.
Mr. SCHENCK and when “ copperheads" were assailing them in the rear.
Mr. ROGERS. It is immaterial to me whether these parties are “copperheads” or not. so long as they did their duty gallantly. I do not care in these cases what a mans politics may be. I understand the father of this family. although too old to be enlisted, lost his life while in service against one of Morgans raids, while many who were better able to bear arms shirked their responsibility. I hope no man on either side of the House will have the meanness to record his vote against this brave family which has done its duty to the country so well.
Mr. SCHENCK. I said these men were fighting the rebels in front while cop erheads were attacking them in the rear. I did not call the soldiers “ copperheads.”
Mr. ROGERS. I understand this old man McCook served in the Army although he could not be drafted, when those who oppose this measure were safe at home in palatial residences.
Mr. TAYLOR. I yield to the Erom WestVirginia, Mr. WKALEY.
Mr. wHALEY. rise to indorse what has been said by the Gentfrom Ohio, [Mr. EoaLrzsrox] and I wish to say that I for one am willing to vote to tax the people to the utmost extent in behalf of the sugering widows and mothers of our brave soldiers and I regret to see that members on this floor are opposed to granting relief to this old lady. I am not here to speak in raiseof the McCooks. Their history is too we 1 known. Their brav ery is sh0wn by the fact that there were ten sons in the Army, 3 of whom were generals, all of whom, I behave, rose from the ranks. such a remarkable family in that respect, perha 5, was never known in history. fwould not oppose this increase of pension to this lady on the ground that she may not need it. The fact is she does need it, otherwise there would have been no application to Congress for it. Sir. TAYLOR. I yield for 5 minutes to the Gentfrom Missouri, [Mr. BENJAMINJ
Mr. TAYLOR. I will yield now to the Gentfrom Ohio, [Mr. BINGHAMJ
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, informed the House that the senate had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the amendments of the Senate to the naval appropriation bill. The message further informed the House that the Senate had passed a bill for the relief of Elisha W. Dunn, a paymaster in the U.S. Navy, in which the concurrence of the House was requested. MRS. MARTHA M, COOK AGAIN.
Mr. BINGHAM. Mr. Speaker, this lady and it is certainly not to her discredit to say it was left, when her husband fell upon the field, without any property of any kind, and dependent exclusively upon the affection which might be shown her by her surviving children. It is but justice that I should further say that one of her sons, as I was informed by her daughter, protested against his mother accepting an pension from the Government, and claime the privilege of being himselfher protector and supporter when he took her, in her widowhood, to the shelter of his own roof tree, where she is today. But, sir, there is a peculiar reason why it is that this additional pension is asked by this old lady at the hands of the American congress. It is this: she has not only lost her husband and her 3 sons, all of whom either fell in battle or perished of honorable wounds received in battle, but she has cast upon her care and keeping today another of those heroic sons, who, after going through 38 battles in the late war for the Union, and being twice wounded nigh unto death, was brought home to her shattered in every nerve of his organization, and as helpless as a child.
Mr. WASHBURNE, of Illinois. Will the Gentfrom NewYork yield to me for a few moments?
Mr. TAYLOR. How long does the gentleman desire?
Mr. WASHBURNE, of Illinois. Butafew minutes. The gentleman can resume the deer whenever he desires.
Mr. TAYLOR. I will yield to the gentleman for 5 minutes.
Mr. WASHBURNE, of Illinois. Mr. Speaker, it is not uecessa, I trust, while opposing this bill, for any gentleman on this floor to say that he does not fail to bear full and ample testimon to the courage of this McCook family, or O any member of it. For one. I most cheer fully hear my testimony to that elfect. I knew the father of these children who fought so bravely and so well. I knew some of the chil7 drcu; one of them was the colonel of an Illinois regiment, and distin uished himself on all the fields where he served. But this is a question that rises somewhat above these personal considerations; and I trust the House will understand this matter before they establish the precedent here recommended. My friendfrom Ohio [Mr. BINGHAM] is a little mistaken, I perceive, in one portion or. I have before me the JtResolution introduced by him; it is in his own handwriting. It is not like the one to which he referred as formin a precedent for the passage of this Jtresolution. His JtResolution provides that there shall be paid to Mrs. Martha McCook a pension to the amount of $800 perannum, not on account of the services of her husband, who, it is alleged, fell in the service, but on account of the loss of 2 unmarried sons, therein named, who fell in the war against the rebellion. That is the JtResolution introduced by the gentleman rem Ohio. I say it is entirely exceptional and that no such bill has ever, to my knowle ge, been passed by Congress. The ComInvali Pensions have reported a substitute which the House is now on led upon to pass, which substitute is also exceptional.
Mr. BENJAMIN. Will the Gentfrom Illinois [Mr. wASHBURNE] allow me to say a word rit here?
Mr. BENJAMIN. lVhen the JtResolution was introduced to which the Gentfrom Illinois has referred, Mrs. McCook was drawing no pension, as the Gentfrom Ohio [Mr. BINGHAM] has already stated. That JtResolution was intended to provide her a pension. Since then she has obtained the pension the JtResolution asked for, and the substitute of the majority now proposes to give her $250 perannum in addition.
Mr. WASHBURNE, ofIllinois. Then the object of my friendfrom Ohio has already been accomplished.
Mr. INGHAM. Not at all; she nevergot the pension asked for. The JtResolution asked for a pension for the loss of her sons.
Mr. WASHBURNE, of Illinois. Then the Gentfrom Ohio wantsa double pension?
Mr. WASHBURNE, of Illinois. Then we come to the substitute reported by the majority of the committee. I say it is exceptional, and if the House establishes that precedent I do not know what point we may ultimate] reach. Mr. Speaker, whatever I might be disposed to do for Mrs. McCook in the way of voting a sum of money absolutely, as a testimonial from Congress in consideration of the bravery of her sons, I must object to the passage of any such bill as this. I would be Willing to vote in favor of giving Mrs. McCook a sum of money absolutely. such a proposition would be much pref erab o to this.
Mr. BINGHAM. All thatI desire is that justice shall be done in this matter; and I am willing to move an amendment providing that there be paid to Mrs. McCook a gratuity of $1,500, instead of the yearly sum here proposed.
The SPEAKER. That amendment would not be in order now. There is pending a substitute, to which an amendment has been of fored.
Mr. WASHBURNE, of Illinois. the amendment might be received by unanimous consent.
Mr. CONKLING. such a proposition as that could not receive unanimous consent. I must object, for one.
Mr. AItDING, of Kentucky. Will the Gentfrom NewYork [Mr. TAYLOR] now yield to me?
Mr. TAYLOR. I would be glad to yield to the gentleman, but he wishes to advocate the amendment emanating from the minority of the committee. I have already given 2 on tlemen of the minorit an opportunity to a vo catetheir views, an I must decline to yield further.
Mr. HARDING, of Kentucky. Let me ask the gentleman whether it is his intention to call the previous question and cut oil debate on the minority report. As a member of the committee, I claim the right to say something upon that minority report.
Mr. TAYLOR. I think that there has been full opportunity afforded for the Presentation of the views of the minority and I decline to yield further. There are scarcely 15 minutes of the morning hour remaining.
Mr. HARDING, of Kentucky. I hope that the previous question will not be sustained. h
Mr. TAYLOR. The Gentfrom missouri[Mia Barnum] and the Gentfrom Illinois [Mr. WASHBURNE] have said that there is no precedent for the action proposed in this bill. Those gentlemen are at fault in their knowledge of the legislation of the country. It will be found that in 1814, a atuit of $200 a year during life was nte to It rs. Mary Cheever, on account of the distinguished services of her 2 sons, who were seamen on board the frigate Constitution, and were killed in the capture of the British frigate Java. This, so far as I know, is the only case exactly in point. In the course of the discussion of that case in Congress, it was proposed to make it a pension; but that word was rejected for the express purpose of making that a case distinct from all others, precisely what this JtResolution proposes with reference to this McCook fnmil. I one also the case of the widow of Commo dore Perry, who, in 1821, was granted an annuity of $400 a year during life, and also an annuity of $150 for each of 4 children. That also is a case analogous to this. gentlemen, therefore, need not urge the objection that the passage of this JtResolution will establish a precedent, because the precedent has already been established years ago. I desire also to call the attention of the House to the fact that no longer a O than the last session of conresa, pensions O $600 each were ranted to the widows of 3 distinguishe generals Generals Baker, Be, and Whi ple. The annuity of $250 whit ddthis resolution proposes to give Mrs. McCook will, with the pension which she is already receiving, make $550 tifty dollars less than the annuity granted in similar ones by the last Congress. Mr. Speaker, I new demand the previous question.
Mr. HARDING, of Kentucky. I appeal to the gentleman to withdraw the call for the previous question, so that the whole case may be heard.
Mr. TAYLOR. But a few minutes of the morning hour remain, and I must insist on the previous question.
Skip Skip On 2nding the previous question, there were ayes 49, noes 26 no quorum voting. The SPEAKER, an or the rule, ordered tellers; and appointed Messrs. TAYLOR and Panama. The House divided; and the tellers reported nyes 63, noes not counted. 80 the previous question was 2nded. The main question was ordered, which was upon the amendment of Mr. PIZRHAM to the substitute reported by the committee. Mr. HARKING, of Kentucky, called for the yeas&nays. The yeas and nnys were ordered. The question was taken; and it was decided in the no ative yeas 48, nays 69, not voting 66;. So the substitute of the minority was disagreed to. During the vote, Mr. HALE stated that Mr. Woonniunei: was detained from the House by illness. The vote was then announced as above recorded. Mmajority of the committee was adopted. The JtResolution as amended was ordered in be engrossed and rend n. 3rd time; and hein engrossed, it was accordingly read the thi time. Mr. TAYLOR demanded the previous question on the passage of the JtResolution. The previous question was 2nded, and the main question ordered.Mr. SMITH demanded the yeas&nays. The yeus&nays were ordered. The question was taken; and it was decided in the alfirmotive yeas 73, nuys 42, not voting 68; So the JtResolution was passed. Mr. TAYLOR mtRtv the JtResolution was passed; upon the table. Agreed to. NAVAL APPROPRIATION BILL.
Mr. FARNSWORTH. I rise to a privileged question. I desire to make a report from the committee of conference on the disagreeing votes of the 2 Houses on the naval appropriation bill. I ask that it be read.
Mr. FARNSWORTH. My colleague on the committee of conference, the Gentfrom Massachusetts, [Mia BANKS] being sick and unable to attend the session of the House today, has sent me the npers and requested me to make the report. but is the reason why I make the report instead of the chairman of the committee of conference on the part of the House. The principal differences between the House and the Senate were in regard to the purchase of the Oukman & Eldridge wharf, at the Charles town now yard and the proposition for the purchase of additional grounds adjoining the {oval school at Annapolis., One of the members of the committee on the part of the Senate, Mr. GRIMES, who had made a personal examination of the grounds at Annapolis, was ofo inion that this purchase should be made, and that the price at which it is offered to the Government is very cheap. In reference to the purchase of Oakman d: Eldridges wharf, the Senate recede from their amendment. These were the principal points of difference; the House receded in reference to the Annap olis appropriation, and the Senate receded in reference to the wharf purchase. The other amendments were in the main merely verbal.
Mr. CHANLER. I did not distinctly hear what are the provisions made by the report in reference to the navy yard on the Gulf. I would therefore ask the gentleman what appropriations are now made by the bill for the navy ynrd at Pensacola.
Mr. FARNSWORTH. There is an appropriation of $50,000 for the necessary repairs for preserving the navy yard at Pensacola, but there is no appropriation for rebuilding the navy yard at that point. i do not think further discussion is necessary; and I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report of the committee O conference was agreed to. Mr. IARNSWORIH mtRtv the report of the committee of conference was agreed to; upon the table. Agreed to. QUARANTINE STATION, NEWYORK.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyWar, in compliance with a resolution of the House of the 14th of March last, stating that he has no data by which to form an opinion as to the effect that the erection of a quarantine station will have upon the navigable waters of NewYork harbor; which was laid upon the table, and ordered to be printed. of the ABSASSINATXONREWARDS.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyWar, in reply to a resolution of the House of the 10th instant, in regard to the findings of the commissions in the case of the rewards for the ca ture of J. Wilkes Booth and David E. Hnro d; which was laid upon the table, and ordered to be printed. Illinois CENTRAL RAILROAD. On motion of
Mr. FARNSWORTH, by unanimous consent, the ComAppropriat was diseharged from the further consideration of a letter from the SecyWar stating the amounts paid to, and still claimed, by the Illinois Central Railroad comll pony for transportation, &c., for the Government, and the same was referred to the ComJudiciary.
Skip Skip MESSAGE FROM run PRESIDENT. A message in writin was received from the POTUS, by Mr. Wiumul G. Moons, his Secretary. Also, informing the House that he had 39 proved and signed bills and a joint, resolution of the following titles, namely: An not (H.R.No. 207) to amend an act. to provide Ways&Means to support the government, n. proved March 3, 1865; An act (R. No. 223) to amend an act to incorporate the Mutual Fire Insurance company of the DistCol; An not (H.R.No. 00) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes; An not (H.R.No. 304) to confirm unto Augustin Amiot, his legal assigns and reprec sentatives, a certain lot of ground in the city of StLouis, in the State of Missouri; An not (H.R.No. 349) for the relief of the estate of E. W. Eddy; andJtResolution (H.R.No. 106) givingcou struction to the law in relation to bounties payable to soldiers discharged for wounds. ARMY BILL.
The SPEAKER stated that the next business before the House was the consideration of the special order, being the bill to reorganize and establish the Army of the U.S., reported by the ComMilAffairs. Mr. CONKLING. I would inquire if the question before the House is not upon the sulr stitute reported by the committee or the senate bill.
Mr. SCHENCK. There is no Senate bill before the House.
Mr. conKLING. Is not this a substitute for the Senate bill?
Mr. SCHENCK. Oh, no; it is a House bill.
The SPEAKER. The Senate bill is not now before the House. This is a House bill reported back with an amendment in the nature ofo substitute. The Chair will state that ifthere is no objection it will greatly facilitate business to have the substitute treated as an original bill reported by the committee; if treated as a substitute, but one amendment can be offered at n.time.
Mr. SCHENCK. I was about to make that very suggestion. This bill which the committee report is in fact on original bill.
The SPEAKER. If, then, there be no objection it will be treated as an original bill, and an amendment and an amendment to an amendment will be entertained. No objection was made.
Mr. RAYMOND. I would like to inquire of the Chair to what subject the message just received from the POTUS ! relates.
The SPEAKER. It has not yet been jour nalized by the Journul Clerk, butit is in regard to the fisheries.
Mr. RAYMOND. If it is not too long, I would like to have it read.
Mr. SCHENCK. I must object to that, as the Army bill is the s ccial order for to doy.
The SPEAKER. hen the Gentfrom NewYork can move to procec to the business on the Speakers table, and that will take the Gentfrom Ohio off the floor.
Mr. SCHENCK. Does the gentleman only want it read?
Mr. SCHENCK. I object to its being taken up for the mere purpose ofrending. Ifa motion is made to take it u for action and I cannot resist that motion must of course give way. I have no feeling about the matter, but the Army bill was made the special order for today, and it should not be shoved aside now.
Mr. RAYMOND. I will not press my reqnest.
Mr. THAYER, Mr. DAVIS, and Mr. CHANLER objected.
Mr. SCHENCK. Very well; then if it shall become necessary, where it appears that this bill is made a pe to hang long speeches upon, I shall be compe led to call the previous question on the entire bill.
Mr. CHANLER. I desire to submit a sag; estion to the Gentfrom Ohio, [Mr. cannon] There may be more persons on this side of the House who by the arrangement he IO oses may be cut off.
The SPEAKER. If objection is made to the suggestion of the Gentfrom Ohio, [Mr. Sennx ex] it cannot be adopted.
Mr. CHANLER. I only desire to have the arrangement fully understood before it is complete and therefore I would suggest to the Gentfrom Ohio before this arrangement is made
Mr. CONKLING. I appeal to my colleague [Mr. Canaan] to withdraw his objection.
Mr. CHANLER. Well, I was about to do so without an appeal.
Mr. CONKing. Ifmycolleague will allow, I will as that it seems to me that the suggestion made by the chairman of the ComMilAdhirs is a very fair one. If m coll ue across the way [Mr. CHAXLER an my colleague nearer to me [Mr. DAVIS wish to make remarks to an extent greater than ten minutes they can make them now, and agree afterward to the suggestion of the chairman of the ComMilAffrs, and then we can go on and consider the bill.
Mr. CHANLER. I am very much obliged to my colleague Mr. Consume] for his usual courtesy and kinness in taking the very words out of my month while I am upon the floor. I was about to make exact] the same suggestion. The only object had in rising was to make the very suggestion, and in the veriwords that he has just made. I do not wish to debate the bill at large, but if any Gentleinan desires to debate it at large I propose that he shall have an opportunity to do so before the proposed arrangement shall be entered into. T ten the Gentfrom Ohio can bring forward his ten minute limitation, and have the bill debated under that rule.
Mr. THAYER. I will withdraw my objection to the arrangement proposed by the Gentfrom Ohio, if he will agree to have speeches limited to 15 minutes instead of ten minutes.
Mr. SCHENCK. I thought that when I was willing to limit myself to 15 minutes in the general explanation of the bill, ten minutes upon each amendment would be enough for members. My desire is to economize the time of the House, and to make this a business debate. It is not the desire of the committee, and certainly it is not my desire, that this Army bill shall be made a peg upon which to ban long speeches upon general subjects and do not think my friendfrom Pennsylvania has any desire to indulge in any such ebate. If he thinks that ten minutes upon each amendment is not enough, then I will consent to the limitation of 15 minutes.
Mr. ELDRIDGE. I suggest to the Gentfrom Ohio [Mr. Sensse x that we 1st hear the bill read through. We can then ascertain whether there is any desire for any general debate longer than the time which he as proposed.
Mr. SCHENCK. That was my proposition, that the bill be 1st read through, thenI would make a brief explanation of the general character and object of the bill. After which the bill will be read section by section for amendment, during which time debate shall be lim ited to speeches of ten minutes each.
Mr. LDRIDGE. Let the bill be read through before that arrangement is made.
Mr. SCHENCK. Then I give notice that I will submit that proposition to the House as soon as the bill s iall have been read. The bill was then read at length.
The SPEAKER. The Gentfrom Ohio has suggested that the bill be read by sections for amendment, and that debate be limited to 15 minutes. Is there any objection? There was no objection.
Mr. HALE. I move that the time of the gentleman be extended.
Mr. SCHENCK. Upon the whole, I prefer to withhold any further explanation now, and to make it upon the sections as they are reported.
The SPEAKER. The gentleman will be entitled to the floor on each section. The 1st section was reported, as follows: Abife by the Senate and HoRep of the U.S.A. in Congress assembled That the military enceestablishment of the U.S shall herca er consist of 5 regiments of artillery, 12 reimentsofcavalry. 55 regimentsof infantry. flie professors and corps cadets of the U.S. militar Academy and such other forcesas shall be provide for by this act, to be known as the Army of the U.S.
Mr. BLAINE. Without debatin all the oints raised by the Gentfrom NewYork, f
Mr. DAVIS] would suggest to him to observe that this 1st section is rather a preamble to the bill, as it may be termed, than a part of the bill itself. The oint. at which he aims is entirely embraced in the 5th section of this bill; the question in regard to retaining the Veteran Reserve corps in service comes up directly in the consideration of that 5th section and therefore I an est to him to waive his motion to amend this rst section, and make it when the 5th section shall be up for consideration. If his amendment shall be adopted there, of course the 1st section will be altered accordingly, as we alter the reamble to a bill or resolution after having c tanged the bill or resolution by amendment. I think if he will do that it will be more pertinent and more intelligible to the House.
Mr. DAVIS. Before I sit down, I desire to send up to the Clerks desk a substitute which I propose to offer for this entire bill; it is the Senate bill on this subject.
The SPEAKER. The substitute cannot be acted upon now; it must be reserved until this bill shall have been perfected sectionby section. The gentleman can give notice of his intention to move a substitute at the propertime. The question was upon teamendmeit of
Mr. Davrs to the 1st section, to reduce the number of reYiments from 55 to 50.
Mr. BLAINE. Let me make a suggestion. The motion of the Gentfrom NewYork [Mr. DAVIS] involves a very wide discussion at a premature oint. Now, I hope the gentle man will liee my suggestion, which is, that the point he desires to accomplish can be more directly reached by moving an amendment to the th section of this bill, and if the House a recs with him, then this 1st section can casi y be changed to conform to his amendment to the other section. As debate under the 15 minute rule is very free, I would suggest to the gentleman to lot is section be passed over for the present.,
Mr. DAVIS. I have no objection to accede to the suggestion of the Gentfrom Maine, [Mr. BLAINEJ to pass over this section for the present, if it can e done without prejudice to what I want.
Mr. conKLING. I would snggest that this question again comes up in section 4,deter mining the organization of the infantry re inents, where it roads, “of ten regiments, iOTIG raised and officered as hereinafter provided for, to be called the Veteran Reserve corps.”
The SPEAKER. This 1st section can be passed over by general consent, and subsequently modified to corres end with whatever changes the House may may eiii other parts of the bill. No objection was made. Section 2 was then read, as follows: SEC.2. Abife: That the 5 regimentsof artillery provided for by this act shall consist of the 5 regimentsnow organised: and the 1st. 2nd.3rd, and 4th regiments of artillery shall have the sameorganization asis nowprescribed by law for the 5th regiment of artillery: Provided That the regimental udjutiints. quarterinnsters, and commisaaries shall hereafterbeextra lHll.lieutenants.
Mr. CHANLER. As Iunderstand the ar rangement made by the consent of the House just now, the 1st section of this bill is not now under consideration.
The SPEAKER. The 1st section has been passed over by general consent, with the understanding that hereafter it shall be made to conform, in rerd to the number of regiments, with the action of the House upon succeeding sections.
Mr. PAINE. I move the following amendment: In the 5th line. after the word “which.” insert the words " commissioned beforethe 1stday of J anunry. 1870;”and in the 6th line. after the word “lien tenant, " insert the same words: so that the clause will read as follows: That to the 6 regimentsof cavalry now in service shall be addedsix regiments, having thesameorganization as is now provided by law for cavalry regiments, all the 1st and 2ndlieutenants of which commissionedbeforethe lstday of January. 1870a.n 2/3rds of the officersin eachof t ic gradesabove that of 1st lieutenant commissionedbeforethe 1st day of January, 1870 shall be selected from among the officersand soldiersof volunteers.&c. Mr. Speaker, this section provides that, in Officering these 6 cavalry regiments, the 1st and 2nd lieutenants shall be selected from among the officers and soldiers of volunteers, and 2/3rds of the officers of the higher grades shall be selected in the same way. Now, the question at once presents itself, does this language mean that all the officers of these lower gra esand 2/3rds of the officers of the higher grades shall for all time to come be selected from the volunteers; or does it mean that only the 1st appointments shall be made in that way from the volunteers? Now, Mr. Speaker, if the 1st is the purpose of the committee, it seems to me man ifest injustice is done to the regular Army, and if the 2nd is the meaning ot the committee, it seems to me injustice is done to the officers of the volunteers. I believe it should be, as I have no doubt it is, the wish of the comiuittee, to do equal and exact justice between them both. I certainly am disposed, and shall be hereafter, to cast my vote actuated alone by that principle. I wish to do everything that shall seem to be just and right in favor of the Officers of the regular Army, while I shall at the same time insist upon everything which seems to me to be just and rightto the officers of vol unteers. EVENING SESSION.
Mr. STEVENS. The Gentfrom Wisconsin yields to me for a moment. I move that the evening session for this evening be diseased with. here was no objection, and it was ordered accordingly. SATURDAY SESSION FOR.DEBATE.
Mr. STEVENS. While I am up I will make another suggestion. I do not know whether the House is disposed to sit tomorrow, as it is the anniversary of a striking event, the assas sination of the late President. If not Iwill move that when the House adjourns it adjourn to meet on Monday next.
The SPEAKER. The Chair is informed that there are some 6 or 8 gentlemen who desire to speak.
The SPEAKER. Whenever they can get the floor.
Mr. STEVENS. I will not move to adjourn over then, but move that tomorrows session be exclusively devoted to debate. There was no objection, and it was so ordered. REORGANIZATION OF THE ARMY Again.
Mr. PAINE. Now, Mr. Speaker, I believe it would be injustice to the Officers of the reular Army if the apointments for all time come, without for or legislation, shall be given to Officers of volunteers. On the other hand, it will not satisfy me if only the 1st appointments shall be given to volunteers. It is still less satisfactory to me that the law should stand ambiguous and open to such construction as the War Dept or any officer called to ednsider it may choose to give. I have, therefore, offered what seems to me to be a compromise between those 2 plans, giving these appointments up to Janna 1, 1870, to officers of volunteers, leaving them after that time to be filled by the War Dept as the Dept may desire. I ope the gentleman will accept that.
Mr. STEVENS. Let me ask for a definition of the word “ volunteers” as used in this bill. Do I understand it to embrace drafted men?
Mr. SCHENCK. Yes, sir. I have never heard it questioned. Mr. Speaker, the Gentfrom Wisconsin has discovered an ambiguity in this 3rd section, which with him I am willing should be amended. He is right. in sn posing the understanding and intention, an such would only be the fair construction of the section, is to provide for volunteers who are to be appointed in the 1st appointments which are made, what is called the filling of orinal vacancies in these regiments. To remove the ambiguity it. may be well to insert some provision to say it is only in these original vacancies created by calling into being these regiments or else to limit them to time, as be proposes. I do not know should object to the extension of the time, for that virtually is the effect of his amendment, so as to give the exclusive right of appointment to 2/3rds of the appointments to volunteers for nearly 4 years more. That can be the only effect to extend the time so as to be more favorable to volunteers. As it removes ambiguity and makes the section clear, I shall not oppose the amendment. The amendment was agreed to.
Mr. BUYER. I desire to offer the following amendment; Strike out thesewords: Providing, hrmmrr. Thnt graduatesof the U.S. Military Arn lomyshull boeligiblo to nppoiutment as2ndlieutenants and to insert in lieu thereof the following: Provided, however, That grmluates of the U.S. Military Aendem. who served as officers of volunteers shall be eligi ls to appointment as other officers of volunteer l. I do not perceive, sir, why this distinction is made between graduates of the military Academy and those not graduates of the ilitory Academy when both served us volunteer officers. It will beseen this would exclude graduates of the Militar Academy, although they did not serve as o cers in the regular Army. I should like to hear a good reason given, either by the chairman of the Military Committee or some one else, why a.graduate of the Military Academy, who has served as a volunteer officer during the rebellion, is less fit to receive an appointment than if he had received no Military education at all?
Mr. SCHENCK. Thnt proviso was put there for the purpose of saving graduates of the Military Academy. If the gentleman will hearme I will explain. The preceding portion of the section provides that the 1st and 2nd lieu tenants shall be taken from among the volunteers, and that would cut out the young men who have just left WestPoint. Something is to be done with them. You could not put a single one of them into the cavalry unless there was is saving clause which would embrace that proportion of them whom you might desire to appoint into the cavulry. It was, therefore, thought properby the ComMilAffrs not to cut off the graduates from WestPoint, but to provide that while these subul tern appointments were to be given to volunteers or volunteer officers, an exception should be made in favor of the young men coming from WestPoint. That excetion, however, only extends to making 2ndlieutenants of them. That limitation to the 2nd lieutenantcies in such appointments is occasioned by a desire to prevent the taking of these young gentlemen, resh from WestPoint, and making them captains and 1st lieutenants, while you give to volunteer officers only 2nd lieuten nntcies. such has actually been the case; there are young gentlemen who only left WestPoint last year, who are now captains in the service. he object of the committee is to save the graduates of WestPoint and give them the same benefits that volunteer Officers enjoy so for as 2nd lieutenautcies are concorned. But there is another point. The gentleman says that a graduate of WestPoint mu have served as a volunteer Officer. Well, if c has served in that capacity, and is yet in the regular Army, he is not cut off by this revision; because he is something now in the regular Army. He is at least a 2nd lieutenant, and he retains his place. But if he was a graduate of WestPoint, and not in the regular Army, he was then only a volunteer officer, and he has the some advantages as any other man in the volunteer service.
Mr. BOYER. Would not those be excluded who, although graduates of the Military Academy, hnd never served in the regular Army, but had served during the war in the volunteer force? if that be the intention of the gentleman, I think his bill accomplishes his object. If it be not. then he ought to modify his bill.
Mr. SCHENCK. perhaps the gentleman might ossihly find a case of that kind.
Mr. OYER. There are 100s of cases of that kind.
Mr. SCHENCK. If a graduate of WestPoint immediately upon graduating has resigned and afterward gone into the volunteer service, and is only a volunteer officer, he might be thus cut off.
Mr. BUYER. That would exclude 100s of the best officers who fought during the war.
Mr. BLAlNE. There may be cases of that kind, and I suggest the use of language which would obviate the difficulty. It may be suri plusage or tnutology, but I suggest to the genl tlemun that he insert after the word “ eli ible" I the words “ on gradation.” That will O viate the difficulty suggested by the Gentfrom Pennsylvania.
Mr. BUYER. I will accept that amendment as far as it goes, but I still insist on the addition of the other words, “ Provided, that grad uates of the U.S. Military Academy who served us officers of volunteers shall be eligible to appointments on the same footingas other officers of volunteers.”
Mr. SCHENCK. If you limit it to those it will cut off all the new graduates. Some of these young gentlemen hnv served nowhere. They have come out us gra uates since the war was over, and we wish to save their right to promotion.
Mr. BOYER. The phraseology suggested by the Gentfrom Maine would sure that class, but not the class that I intend to save by the amendment which I propose.
Mr. BLAINE. I have a.suggestion to make which, I think, will cover the point so that gentlemen cannot quibble or cavil about it at all. I suggest the addition of a proviso that graduates of the U.S. Military Academy, after the passage of this act, shall be eligible to appointment.
Mr. BOY i. There will still be an umbi guity about it.
Mr. BLAINE. Not if you insert the words, “Provided that cadets of the U.S. Military Academy who shall graduate after the passage of this not, ” the
Mr. BUYER. It will still be liable to am biguity. It would lead to the inference that none but those would be eligible to appointments.
Mr. BLAINE. I do not think the Gentfrom Pennsylvania has got hold of the spirit of the proviso, whichI thought the chair man of the 8ComMilAffrs explained very clearly. The proviso is entirel in the interest of the WestPoint graduates. t was put in there for their benefit exclusively.
Mr. BUYER. Yes; so that they might be up oiuted 2nd lieutenants and nothing else.
Mr. BLAINE. Will the gentleman tell me when a WestPoint graduate was ever entitled to any appointment except that of 2nd lieutenant? This provision simplyconveys to them the same right as rega 5 these 6 regiments that they have in other parts of the Army. The 1st part of the section would have confined the selection of all the officers of these 6 regiments, both line and staff, to vol unteers. It was thought by the ComMilAffrs that it would be unfair to cut off from appointments in these regiments those gruduatiu g from WestPoint.
Mr. BOYER. I can understand how the amendment suggested by the Gentfrom Maine would save young men who have just rodunted at the Military Academy at West Toint, but it would not save those who grad uated there years ago, and who have been officers in the volunteer service during the war. That class would still remain unprovided for.
Mr. BLAINE. They stand precisely ou the some footing us other volunteer officers.
Mr. BUYER. Well, I propose to make the matter plain by inserting the words I have aningestGedA.RFIELD. There is the 1/3rd unprovided for, from which all persons may be appointed, together with the n vantage they gain under the bill from having been volunteer officersoswellasgraduntesof the Military Academy at WestPoint. lt does seem to me that the class of persons to which the gentleman refers is amply provided for under those 2 heads. The proviso, us it now stands, would apply to the oung cadets just out of the Academy. Mr. BUYER. I want to provide for those graduates of the Military Academy who were officers in the volunteer service. Many of our most valuable volunteer officers who fought during the rebellion were graduates of WestPoint, who bud never served in the regular Army. But when the rebellion broke out, having ln en educated at the public expense, they thought it their duty to volunteer, and they did so. Some of them led regiments; others were captains, or occupied other subor dinate positions. Why should the simplybecause they were graduates of the WestPoint Academy, be excluded; and why should they not be placed on the same footing as other volunteer officers?
Mr. GARFIELD. They are, under my reading of this bill.
Mr. SCHENCK. The Gentfrom Pennsylvania certainly totally misapprehends the whole tenor of this section, or else I am exceedingly in the dark myself. So pose this proviso were not here at all, what on would e the effect? Why, that all these subaltern appointments would be given to volunteers, including those who hn dunte. but WestPoint as well as others. I they had left the regular Army and were volunteers only, and had been volunteers during this war, they would not be disqualified. Now, we wont to have them all to have the benefit of this section; all those who, having been graduates of WestPoint, have lclt the regular Army, have resigned their places therein, and have served only as volunteers and then we want to put in a saving clause for the benefit of some few who may hereafter duate, who without such saving clause would gbndisqualified. That is the whole of it. There was perhaps some justice in the criti cism of the gentleman, as it applied to the saving clause, so for as these cadets were concerned, for it might be held to extend to other classes than those just graduated. I suggest, therefore, that it be amended so as to read, “that cadets of the U.S. Military Academy hereafter graduating shall be eligi ble, ” &e.
Mr. BUYER. I understood the gentleman to say a few moments ago, when explaining the general features of this measure, that one difference between this bill and the bill which passed the Senate was, that the latter bill put regulnr officers who had also served as volunteer officers upon the some footing with volunteer officers, while the object of this bill was to exclude that class of officers.
Mr. SCHENCK. That is an entirely different section, and is in entirel different language.
Mr. BUYER. Very well; then Iwil wait until that section is reached, and in the mean time accept the modification of the Gentfrom Maine, [Mr. Bums]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonssr, its Secretary, informed the House that the Senate bud uon concurredin the amendment of the HoRep to the concurrent resolution of the Senate prohibiting the sale of spirituous and other liquors in the Capitol building and rounds. Also tint the Senate had indefinitely post poned House bill No. 458, granting n pension to Sarah E. Pickell. Also, that the Senate had nssed House bill No. 219, for the relief ofEn ierine Mock, with an amendment, in which he was directedto reuest the concurrence of the House. 11st), that the Senate had passed without amendment House bills of the following titles: An not (H.R.No. 218) for the relief of Charles Yonly; An not (H.R.No. 264) granting to Mrs. Altnzern L. Willcox, O county, State of NewYork; An act ( H.R.No. 266) granting a pension to Mrs. Isabella Fogg, in the State of Maine; An act (H.R.No. 267) granting a pension to Virginia K. V. Moore, An not (H.R.No. 268) for the relief of Albert Nevins; An act (H.R.No. 448) granting a pension to Mrs. Elizabeth York; An not (H.R.No. 444) granting a pension to Lewis W. Dietrich; and An not (H.R.No. 446) for the relief of Nicholas Hibner, late private in the 6th regiment of the MissouriState militia. Also, that the Senate had passed Senate bills of the following titles, in which the concurrence of the House was requested: An act (S.No.201) for the relief of Ann Hel h, widow of William Heth, of Harrison county, Indiana; An act (S.No.237) granting a pension to Mrs. Martha Stevens; An act (S.No.238) granting a pension to Mrs. Amarillo Cook; An act (S.No.241) directing the enrollment of Agnes W. Laughlin, widow of a deceased soldier, as a pensioner; and An act (S.No.252) granting a pension to Mrs. Sarah E. Wilson. sanctum BILLS sressn.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled the following act and JtResolutions; when the Speaker signed the same: An act (S.No.229) to authorize the POTUS to transfer a gun boat to the Government of the republic of Liberia; A JtResolution S.R.No. 49) for the temporary relief of estitute people in the DistCol; and AJtResolution (S.R.No. 45) protesting against pardons by foreign Goiernments of persons convicted of infamous offenses on condition of emigration to the U.S. BE ORGANIZATION OF THE ARMY AGAIN.
Mr. BLAINE. I move to amend the 3rd section by insertin after the words “ adu ates of the U.S. Military Aeni emy” the words “who shall graduate after the passage of this act;” so that it will read: Provided, however.That graduates of the U.S. Military Academy.who shall graduate after the passageof this act, shall be eligible to appointment as2ndlieutenants.
Mr. GARFIELD. I would suggest the further amendment to add the words, “and to no higher grade."
Mr. BLAINE. I take it that is the exist in law.
Mr. CONKLING. The criticism made by the Gentfrom Pennsylvania [Mr. Borsn] is that by the clause, as it stands unamended, a graduate from WestPoint must have served in order to be considered in reference to appointment as 2nd lieutenant. The proposition now is to leave the section as it is in that respect, except to provide that raduates coming from the Military Academy iereafter shall be eli ible to such appointment. Now if Iiinderstand the point and apprehend the force of this language, the change will be to confine the section as it now is to those who may graduate hereafter, leaving the other question as much open as it is now. I would suggest to the chairman of the comMilAffrs that the object may be accomplished by inserting after the word “eligible, ” in the proviso as it now stands, the words “without having served as volunteers;” so that the clause will read: Provided, however, That Iraduntes of the U.S. Military Academy shall be eligible without having served us volunteers to appointment assec ond lieutenants.
Mr. BOYER. I think myself that would be much better.
Mr. CONKLING. I think that would meet the point on all sides, and leave it in much better shape than it is now.
Mr. BLAINE. I willaccept that in lieu of my amendment, although I think it is mere surpIhluesagc. amendment was agreed to.
Mr. FARNSWORTH. I would ask the at tention of the chairman of the ComMilAffrs [Mr. Sensse x] for a moment while 1 indicate an amendment which I think should be made to this section. I understand the object of the committee by this section to be to give to officers and soldiers of volunteers during the late war all the commissions of 1st and 2nd lieutenants, and 2/3rds of those of higher grade. Now, it seems to me that the language employed in this section does not accomplish that object. The section nowreads All the 1st and 2nd lieutenantsof which, and 2/3rds of the officersin eachof the gradesabove that of 1st lieutenant shall be elected from among thoofficersandsoldiersof volunteerswhohaveserved in the Army of the U.S. in the late war for the suppressionof the rebellion. 6w Now, a great man of the officers of volunteers who served int ic late war also held commissions in the regular Army.
Mr. BLAINE. that point is fully met by another section of ithis hi I.
Mr. FARNSWORTH. I propose to insert after the word “volunteers, in the clause I have just read, the words not holding commissions in the reular Army.”
Mr. sonsse f. I beg to call the attention of the gentleman to section 40 of this bill, which obviates all ambi nity such as the gentleman complains of. bat section provides: That officersof the regular Army. who have also held commissionsas officersof volunteers, shall not on that account be held to ho volunteers under the provisions of this net. This defines what is meant by “officers of volunteers, ” so as to exclude any conclusion such as the gentleman thinks might he arrived at without such a provision.
Mr. FARNSW ItlH. I think that is true, and I withdraw m amendment.
Mr. HALE. If Mr. Speaker, I move to reconsider the vote by which the House adopted the amendment of the Gentfrom Wisconsin, [Mr. PAINE] in regard to the time during which this provision for the appointment of officers is to continue in force. I will state what I understand to be the effect of that amendment. As the section now stands it has application only to the filling of the original vacancies the formation of the regiment at the outset leavingthelaws alreadyin force and as amended by this bill to apply with reference to subsequent promotions and apointments in each regiment. The result of that is that when the original vacancies are once filled there are no further appointments, except to the grade of 2nd lieutenant. Now, the effect of the amendment proposed by the Gentfrom Wisconsin is simply to provide that fora term of nearly 4 years those original appointments to the grade of 2nd lieutenantsiiall be made solely from volunteer officers and soldiers, thus excluding from promotion during all that time the rank and file of this very army which we are now organizing. I submit that such a policy is one which this House is not ready, on deliberate consideration, to sanction, and one which ought not to be sanctioned. I submit that if we are ever to have an effieient army we must in organizing it rely mainly on the opportunity for promotion held out to the rank and file of that army. Hence it appears to me that this provision proposed by t ic Gentfrom Wisconsin will derogate greatly from the efficiency of the army which we now propose to organize. v I trust that the motion to reconsider will prevail, and that appointments to the grade of 2nd lieutenant, after the regiments are once organized, after the original vacancies are once filled, will be left open, as they are under existing laws, to the rank and file, to those who have served as volunteers, to those who may come from civil life, and to the graduates of the Military Academy.
Mr. PAINE. I desire to say a few words in reply to the considerations submitted by the Gentfrom NewYork, [Mr. HALE; and will admit at the outset that those considerations are not without weight. But the gentleman, while he is proposing to provide y law that these positions shall be given hereafter to men in the ranks, must also hear in mind that the larger proportion of these 6 regiments will be made up of men who have been volunteers during this war, and who will hence fall strictly within the terms of the section as now amended on my mOtIOIf. I am anxious to pm vide for the volunteers who have served in this war and who may hereafter rennlist in the regular Army; but I contend that they are covered by the section as it now stands. There is another thing which the gentleman must not overlook. He is anxious. as I am, to provide for the 1700 officers of the regular Army; but, sir, I am anxious, asI believe he must be, to provide for the 50 or 100,000 officers of volunteers.
Mr. HALE. The gentleman will permit me to say that it is the privates, the rank and file of the regular Army, not the officers, that lam now trying to provide for.
Mr. PAINIJ. I understand; but, as I was remarking, I am anxious that the 50 or 100,000 officers of the volunteer army should not be lost sight of. Let me say to the gentleman again, what he appears to have failed to understand, that the rank and file of these 6 new regiments will be men who have served in the volunteer army during this war, and those men are covered by the section as it stands with my amendment, for by that section these commissions are to be given, not to volunteer officers alone, as the gentleman seems to suppose, but to volunteer officers or soldiers. I may remark, too, that, as I believe, astatutory provision ought hereafter to be adopted that promotions and commissions in the regular Army shall be given exclusively to officers and soldiers actually in the service, so thatthe privates may be lifted up by merit to commissions, as they deserve to be. ButI cannot see the force of the gentlemans objection to my amendment alread adopted.
Mr. HALE. The gentleman will allow me to submitto him this single proposition, whether there is any justice, or fairness, or propriety in providing that a soldier who has served in the volunteer forces during the last 4 years and then enlisted in the regular Army, shall be eli gible to appointment as a 2nd lieutenant, while a private, a corporal, or a sergeant who has served faithfully in the regular Army during the same period shall be ineligible. The effect of the amendment is to make that discrimination.
Mr. BLAINE. Mr. Speaker, there is a single consideration I desire to suggest to the Gentfrom Wisconsin. One of the difficulties we are going to encounter is to fill the ranks of the Army which we are providing for in this bill. The Officers are going to he nu merous. It will be more than 4 times as large as any Army we have ever had in the U.S. Now, the graduates of the WestPoint Military Academy will not begin to supply the commissions this Army will call for. eretofore raduation at WestPoint has outrun the demon for officers to such an extent that a great many had to enter as brevet 2nd lieutenants, who remained brevet 2nd lieutenants for years. I know officers who served 15 years before they get 1st lieu tenants commissions. That being the case, the way to official position not being through WestPoint, except for a minority of places, if the Army hill is wisely regulated you can make the appointing power to officia] position one of the strongest stimulantsoffillingup ourranks. lwould like to see it confined thatt ie 1st appointments and romotion to official positions should be from Vest Point and from the rank and file. You can get a better class of men. You will prevent, too, what is called political influence in making appointments. You certainly will stim ulate enhstments. Deserving men who enter the Army and get the rank of corporals or ser geants Will have a fair show of being Officers in a few years.
Mr. THAYER. How does the gentleman propose to stimulate enlistment by providin that those who enlist shall not be promote until 1870?
Mr. BLAINE. As I am speaking against that amendment the gentleman had better ask the question of some one else. I am speaking o a inst the amendment of the Gentfrom Wise onsin. I am for filling up with officers of volunteers at the organization and then leaving romotion open to the rank and file. There ore I am for a reconsideration of the vote by which the amendment was adopted.
Mr. HALE. I will state, i this be reconsidered. itwill be perfectly satisfactory to retain the present words moved by the Gentfrom Wisconsin; and simply to adto them that the shall be selected from among the officers an soldiers of volunteers and the enlisted men of the regular Ar
Mr. HALE. That will provide that these vacancies shall be filled either from the volunteer or reular Army. If it be satisfactory, I will with raw my motion to reconsider, and move. to add after the word “service” in the 10th line, “or enlisted men of the regular Army; ” so that it will read, as follows: re8g3im6.e4n.tsAm! Abife:, That to the 6 of cavalry now in service there shall be added 6 resiments, having the same organization as is now provided by law for cavalry regiments, all the 1st and 2nd lieutenants of which, and 2/3rds of the officersin eachof the grndesabovethat of 1st lieutenant, shall beselected from among the officersand soldiers of voliinteerswho have served in the Army of the U.S. in the late war for the suppressionof the rebellion and have been distiuxuiehod for capacity, good conduct, and efficient service or enlisted men of the regular Army.
Mr. FARNSWORTH. I am opposed to that amendment. The Officers and soldiers of the regular Army have, under this section as it now stands, avenues for promotion O on to them in all the old regiments of which they are members, as well as to 1/3rd of the Officers of the new regiments. These regiments are goin to be filled up, if at all, by men who serve in the late war almost entirely. This section provides that the officers and soldiers who served in the late wnr may hold all the offices except 1/3rd. What is the use of extending it to embrace soldiers of the regular Army who already may receive commissions in the old regiments? Now, sir, these new reviments are to be filled up by soldiers of the State war. I say they are all included in this section without amendment. The amendment of the Gentfrom NewYork will extend the privilege to all the men in the old regiments now.
Mr. HALE. The gentleman will allow me to explain. He misapprehends my amendment. It is sim lythat the original vacancies that is what I intend by it, but perhaps I failed to express it clearly that the original vacancies above that of 1st lieutenant are to be filled by promotion and not by appointment, and the rank of 2nd lieutenant is to be filled from those who served in the volunteers during this war or served in the regular Army.
Mr. FAItNSWOIrTH. That is not in the amendment as proposed by the gentleman before. That is very Well.
Mr. HALE. I think the gentlemans criti cism is ust. I will so modif my amendment.
Mr. AINE. I supposed, the amendment of the Gentfrom NewYork was to be inserte in line 7. That presented itself to my mind at 1st. Now, he proposes something different by placing the amendment in the 10th line, which gives a man who hap pened to he an enlisted man in the regular Army the same rights and privileges as those who rendered actual service during the war. It is not just.
The SPEAKER. The Chair did not regard the gentleman as accepting the amendment, but the Gentfrom NewYork [Mr. withdrew his motion to reconsider, and Hmaonvnea to amend the section by adding thereto.
Mr. PAINE. I have made my objections to the amendment. I have said what I wish, and that I cannot accept it.
Mr. HALE. Being satisfied that the criti cism of the Gentfrom Illinois [Ma Fusswoarn] in regard to my original amendment was well founded, and that it failed to my That will be perfectly satis 5 express the idea I had intended, I will modify it thus: After the word “service” insert as follows: and after theoriginal vacanciesare filled. enlisted men of the regular Army shall in liko manner be eligible to appointment as2ndlieutenants.
Mr. SCHENCK. I am afraid this will not cohere very well, and that it will not accomplish the object which the gentleman has in view. I yielded to the suggestion of the Gentfrom Wisconsin
Mr. Russ] to remove some of the ambiguity in the section upon the question whether these were the original vacancies or not. But I doubt the propriety of extending it further than 3 or 4 years to come. I think the intention of the committee in the original section was about right, and that may be carried out ifthe gentleman will reconsider his proposition and insert something of the kind in another place. I will suggest that section 3 be amended so as to read thus: Sec. 3. Ami be it regiments Abife: That to the 6 of cavalry now in service there shall be addedsix regiments, having the same organization asis now provided by law for cavalry regiments and in making appointmentsto fill the original vacancies in the regiments thus provided for all the 1st and 2nd lieutenants. anr 2/3rds of the Officers in eachof the gradesabovetbatof1s the utennnt, shall be selected from among the officers and soldiers of volunteerswho haveservedin the Army of the U.S. in the late war fpr thesuppressionof the rebellion and have beendistinguished for capacity. goodeonduct and eficient service. I think that will compromise all these differences. I submit to the gentleman. from Wise onsin[Mr. PAINE] whether that Will not accomplish the object.
Mr. HALE. Allow me to ask, does this proposition include the reconsideration of the amendment passed on the motion of the Gentfrom Wisconsin, [Ma Pusan
Mr. PAINE. The proposition of the chair man of the committee is not satisfactory to me for the reasons that I gave at the outset. It seems to me that something more than the original vacancies should be retained to reward those men who have served in the volunteer army during the war. There have been from one to 2 millions of them, and from 50 to a 100,000officers who have served in the volunteers, and if we give to them only the specified oriiual vacancies in these 6 new regiments o cavalry, leaving all the other 6 and a part of these to officers and privates of the regular Army, it seems to me we shall not be doing justice to officers and soldiers of the volunteers. As it stands now the regular Army has the commissions of 6 of the cav alry regiments and 1/3rd of all above lieu tenants in the others. Why should we give to the few men who compose the regular Army, either as officers or as enlisted men, not only the commissions of the 6 old regiments and 1/3rd of those of the higher rndes of the new, but also the enter part of the remaining 2/3rds of the commissions of the 6 new regiments of cavalry? I would be willing to abridge the time, but I cannot consent that all the romotions to be made after the oriiiial vacancies shall be filled shall pass beyen the reach of the volunteer officers.
Mr. VANAERN AM. I believe the regular Army has always taken care to look out for its own children in regard to promotion. No one has ever been promoted over the great bulk of the cadets.
Mr. BLAINE. The Army Register shows some 150 officers who have been promoted directly from the ranks.
Mr. FARNSWORTH. A large number of promotions have been made lately from the regular Army from sergeants to 1st lieutenants and captains to make room for 1st and 2nd lieutenants on the recommendation of members of Congress. But I have not seen any 1st lieutenants or captains appointed upon such recommendation. I see a great many colonels, lieutenant colonels, and majors who have served faithfully during the war have been appointed 2nd lieutenants while ser gltlaants have been promoted to make room for them.
Mr. SCHENCK. To bring the House back to the suggestion that I made as a compromise, I propose to insert in section 3 after the words “cavalry regiments, ” these words: and in making appointments to fill the original vaapeearine edieosfinthtrheeery eegaimrseanfttesrthtuhseppraosvsiadgeedoffotrh. aisnadefot.r Also to strike out the words “ of which, ” so that the section will read: Site. 3. aAbife: lecTl, hat to the 6 regiments of cavalry now in service there shall be addedsix regiments. havmg the same organisation as is now provided bylaw for cavalry rpgimenta, and in making appointments to till theoriginal vacancies in the regimentsthus provided for and for a period of 3 years after the passageof this act.all t c1st and 2ndlieutenants and 2/3rds of the officers in eachof the gradesabove that of 1st lieutenant, hall be selected from among the o the crsandsoldiers of volunteers who have served in the Army of the U.S. in the late war for the suppression of the rebellion, and have beendistinguishedfor capa city, goodeonduct, and efficientservice.
Skip Skip The mtRtv the amendment of Mr. Puss was adopted was agreed to. The question recurred on agreeing to the said amendment.
Mr. PAINE. I withdraw it and accept the reposition of the chairman of the committee, fMr. Seassex.] The amendmentof mr. Sensser was then agreed to.
Mr. SCHENCK. I ask now to have read the amendment of the Gentfrom NewYork, Mr. HALE.]
Mr. ALE. I will modify it by inserting after the word “lieutenant” these words: and that alter the original vacancies are filled. enlistedmenottheregulnr Armyshall in like manner be eligible to appointment as 2ndlieutenants.
Mr. SCHENCK. That is not necessary now, after the adoption of the last amendment.
Mr. GAREIELD. I hope the amendment in the shape now presented will not prevail, and for this reason: if it be passed, all that a civilian who has ever served in his life has to do to get into the regular Army as 2nd lieutenant in to have it arranged that as soon as he shall be enlisted in the regular Army he shall be promoted, and in a few days he can pass from civil life to the position of a commissioned officer. Now, that is precisely the thing which we do not want to be done. We want the Army to be made up of those who have served either in the ranks or as officers. It has been said, very properly, that persons who have served in the regu ar Army ought to have a chance to be promoted. They have a chance now every day. In the 19 regiments now in service it is a very common thing for enlisted men to be promoted to commissions. Therefore no wrong is done to these by the law as it now stands. But if we do what the amendment proposes, men who never saw a days service can enlist today and tomorrow get commissions as 2nd lieutenants.
Mr. PAINE. I wish to bring to the attention of the House a single instance that occurred within my personal knowledge. A man ofin fiuence ha a friend for whom he desired acom miSsion in the regular Army. He enlisted and received a high bounty from the Government with an arrangement by which he was place immediately on agreeable duty at the head quarters of his immediate commander, and as soon as possible recommended for promotion and butashort time elapsed after he had pock eted his bounty and entered the regiment as a private, before he received his commission, for which alone he enlisted. That will be done every day if this amendment is ado ited.
Mr. HAL. It will probably be difficult to frame any bill that will not be subject to abuses by the POTUS, the Senate of the U.S., the SecyWar, and officers in command of brigades and regiments in the Army. It can hardly be expected that we can provide against all the frauds which may he committed Ty the collu HOD of all those officers. But for the sake of obviatin the difficulty to which the gentleman refers I gave no objection to again modify my amendment by saying “enlisted men of the regular Army who shall have served at least one year.”
Mr. HALE. I insist that it should not be “during the late war.” We should leave the door Open to meritorious service hereafter as it has been heretofore. Gentlemen familiar with the history of the Army know that there have been as gallant and meritorious deeds performed by our soldiers of the rank and file at obse ure points on our frontiers, in Indian wars, as have conperformed in this war against the rebellion. Now, I am uuwillingto shut the door against men who may wish to enlist in the Army and earn their commissions as heretofore. I will modify my amendment by inserting the words “ after 6 months." The question was upon the amendment of
Mr. WRIGHT. I desire to move an amendment to the amendment.
Mr. DEMING. I move that the House now adjourn.
Mr. SCHENCK. I hope the Gentfrom Connecticut [Mr. DEMlNG] will withdraw that motion for a few moments. p
Mr. DEMING. I will withdraw it for the present.
Mr. SCHENCK. I desireto move to reconIider the vote by which the House agreed to insert after the words “shall be eligible" the words “without having served as volunteers.”
The SPEAKER. The ending question is upon the amendment of th gentlemaii from NewYork, [Mr. HAi.i:] to which the Gentfrom NewJersey [Mr. Wiiiciir] has indicated his purpose to move an amendment.
Mr. CONKLING. Will it not he in order for the Gentfrom Ohio [Mr. Seunse rr] to submit his motion to reconsider on next Monday, the next legislative day?
Mr. WASHBURNE, of Illinois. I would suggest to the gentleman that he can accomplis his purpose by entering the motion to reconsider to be acted on hereafter.
Mr. SCHENCK. I will do that. The motion to reconsider was accordingly entered upon the Journal. By unanimous consent the House postponed informally the further consideration of the Army bill, and proceeded to the consideration of business upon the Speakers table. MRS. ANN HETH. The 1st business upon the Speakss table was an act (S.No.201) for the relief of Mrs. Ann Heth, widow of William Heth, of Harrison county, Indiana; which was taken up, read a 1st and 2nd time, and referred to the comInvalidPens. MRS. MARTHA STEVENS. The next business upon the Speakers table was an act (S.No.237) granting a pension to Mrs. Martha Stevens; which was taken up, read a 1st and 2nd time, and referred to the ComInvalidPens. MR8. AMABILLA COOK. The next business upon the Speakers table was an act (S.No.238) granting a pension to Mrs. Amarilla Cook; which was taken up, read a 1st and 2nd time, and referred to the Cour InvalidPens. MRS. AGNES W. LAUGHLIN. The next business upon the Speakers table was an act (S.No.241) directingt e enrollment of Agnes W. Lauglilin, the widow of a deceased soldier, as a pensioner; which was taken up, read a 1st and 2nd time, and referred to the ComInvalidPens. MRS. SARAH E. WILSON. The next business upon the Speakers table was an act S.No. 252) granting a pension to Mrs. Sarah. WIll0h which was taken up, read 1 a 1stand 2nd time, and referred to the comInvalidPens. lllltS. EMERAXFE Goonlm. The next business upon the Speakers table was an act (S.No.260) granting a pension to Mrs. Einerance Gouler; which was taken up, read a 1st and 2nd time, and referred to the ComInvalidPens. AMERICAN FISHERIES.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep: In answer to the resolution of the HoRep of the 10th instant, requesting information in regard to the rights and interests of American citizens in the fishing grounds adjacent to the British Provinces, I transmit a report from the SecyState, to whom the resolution was referred. AndrewJohnson. WASHINGTON, April 18, 1866. The inessa e and accompanying documents were referre to the ComForAffrs, and ordered to be printed.
Skip Skip LEAVE or ABSENCE. Mr. BOYER asked, and obtained, leave of absence for ten days for his colleague, Mr. Desisox and then, on motion of
Mr. DEMING, (at 4 oclock and 30 minutes p. m., ). the House adjourned. ruine us, are.
Skip Skip PETITIONS, ETC. The following petitions. kc" werepresentedunder therule and re erredto the appropriatecommittees: Mr. BluAMAN: Thopetition ofJohn S. Strong, and }?others.of Lenawec county. Michigan: also.the petition of rbor. Mich{igaamne; naCls. oW. Tahtes onc.taitniodn31oof tPhreorfse.sosfoArnuE. Dar arid and li.others.ofChse ea. Wnshteniiw connty. Michigan: also. the petition of John ll. Burlcson and 12 otherl O Ann Arbor. Michigan: also. the o tltwl of B. C. on and 35others. of Jonesvi 0. Michigan: aim. the fictifiion of William Hurt and 45 others. of Detroit. [(7 i an; also. the petition of Hiram Walker and 32ot era of Detroit; also. the petition of L. Black A Co and 61 others. of Detroit; also, the petition ofA.Sht lley and 112others.ofDe troit; also. the petition of
Mr. crnor and others. of Detroit; nlsoJhc petition of John L. Whiting and 33others.of Detroit, Michigan; all praying Congress to enactsuch just and equal lswsfor the regulation ofinter state insurancesof all kinds as may be of feotaal in establishing the greatestsecurity for the interests protected by policies and promotive of the greatest good and convenience to all concerned in such transactions. Also. the petition of Ethel Judd, apd 51 others, inhabitants of Ilillsdnlo county. Michigan. praying for increaseofdnty on all unwashedforeign wool. Mr. DELAhO: The petition of D. G. Wsvth and 100othersoitirens and wool growers.of Licking county, Ohio. praying an increased dut onforeign Woolsfor the benefit of wool growersoft is country.
@@@IN SENATE SENATE. Moimn, April 16, 1866. Prayer by the Chaplain, Rev. E. H. Gun. The Secretary proceeded to read the Journal of Frida last.
Mr. ANTHONY. I think it is hardly necessary to read this record of pension bills; it is very long indeed; and I move that the further reading of the Journal be dispensed with.
The PRESIDENT protemporc. It requires unanimous consent to dispense with the reading of the Journal. If there be no objection, it will be considered the sense of the Senate that the further reading be dispensed with.
Mr. DOOLITTLE presented a communication addressed to him, from the SecyInterior, transmitting estimates of appropriations required for fu fillin treaty stiulations with certain bands of Dakota or Sioux Indians, under treaties ratified by the Senate since the lst of December last; which was referred to the ComFinance. COMMITTEE.
Mr. LANE, of Indians, from the ComMilAffrs , to whom was referred aJtResolution (H.R.No. 107) for the relief of Rev. Harrison Heerniance, late chaplain of the 128 h regiment NewYork volunteers, reported it without amendment.
Mr. WILSON, from the ComMilAffrs , to whom was referred a JtResolution (S.R.No. 57) appointin a board of managers for the National military Asylum, reported it adversely. He also, from the same committee, to whom was referred aJtResolution (H.R.No. 108) appointing managers for the National Asylum for Disabed Volunteer Soldiers, reported it without amendment. He also, from the same committee, to whom was referred as JtResolution (H.R.No. 88) expressive of the thanks of Congress to Major General Winfield S. Hancock, reported it without amendment. Hc also, from the same committee, to whom was referred a bill (S.No.262) to provide for the national defense by establishing a uniform militia and organizing an active volunteer militia force throughout the U.S., rerted it without amendment.
Mr. SPRAGUE, from the ComMilAffrs , to whom was referred the bill (H.R.No. 472) for the relief of George It. Frank, late captain 33rd regiment Wisconsin volunwerinfantry, repolwd it without amendment. 11.
Mr. VANWINKLE, from the ComPostOffices, to whom was referred the petition of Duncan G. Macllae, praying for compensation for services rendered in carrying the mail in NCarolina, asked to be discharged from its further consideration; which was agreed to. AMERICAN REGISTERS to VBBBBLB. On motion of
Mr. CHANDLER, it was Ordered. That the amendments of the HoRepto the bill (S.No.89)tolssuo American registersto the steamvessels Michigan and Dispatch and W. K. Muir. be referred to the ComCommerce. BILLS INTRODUCED.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to iutroducea bill (S.No.266) to establish additional Offices for the assa of gold and silver, and forotherpurposes; which was read twice by its title, referre to the ComFinance, and ordered to be printed. He also asked, and by unanimous consent Obtained, leave to introduce a JtResolution (S.R.No. 64) for the appointment of a commission to consist of engineers of the Army upon the subject of the construction of railroad bridges across the Mississippi river; which was read twice by its title, referred to the ComCommerce, and ordered to be printed.
Mr. STEWART asked, and y unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 66) for the discontinuance of NewOrleans branch mint, and for the appropriation of the machinery thereof to the construction of the branch mint in Nevada; which was read twice by its title, referred to the ComFinance, and ordered to be printed.
Mr. JOHNSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.267) authorizing the establishment of a navy yard and a coal and naval depot at the harbor of Annapolis; which was read twice by its title, and referred to the Committee on Nvaviil Atfairs. APPROVAL OF HILLS. A messa e from the POTUS, by Mr. COopEa, hisSecrctary, nnnounced that the resident had approved and signed, on the 13th instant, the follbwing act and JtResolutions: An act (S.No.199) to establish the collection district of Port Huron, the collection district of Michigan, the collection districtofMon tuna and Idaho, and to change the name of the collection district of Penobse ot; A JtResolution (H.R.No. 44) authorizing Commodore William Radford to accept a decoration from the Kin of Italy; A JtResolution (S. t. No. 53) authorizing Rear Admiral H. Paulding to accept a decoration from the King of Italy and AJtResolution (S.R.No. 58) respecting the burial of soldiers who died in the military Ecrvice of the U.S. during the rebel on. BILL RECOMMITTED.
Mr. KIRKWOOD. On Friday last, under the instruction of the ComPubLands, I reported to the Senate the bill (H.R.No. 86) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana Arkansas, and Florida, with amendments. H on exam ining it since it has been printed 1 nd that it will become necessary to refer it back to the ComPubLands, and I make that mouon. The motion was agreed to. ARMY REGISTER.
Mr. ANTHONY. I offer the following resolution, and ask for its present consideration: Resolved.That the ComMilAffrs be instructed to inquire whether the ull Army Register now in courseof publication has concompiled in accordancewith the requirement of the JtResolution approved March 2.1865, and what will be the costofsuch publication. There being no objection, the Senate proceeded to consider the resolution.
Mr. wILSON] will find upon reading it over that there are a great number of blank pages in it. The Superintendent of Public Printing submitted to me what I considered a much better form and which would be much cheaperand much more convenient, but it did not seem to meet the a probation of those who are engaged upon tie work. I would not under take to decide between the two. I think the ComMilAffrs had better examine into the subject. The resolution was adopted. CLAIM of GEORGE MDOUGALL.
Mr. CONNESS. I offer the following resolution, and ask for its present consideration: Remlved, That the SecyInterior be requested to report on the claim of George Mc Dougall. heretofore referredto the SecyInterior by a resolution of the Senate. There being no objection, the Senate proceeded to consider the resolution.
Mr. CONNESS. I will state, in explanation of the resolution, that it refers to a claim connected with Indian affairs in California. It was formerly referred by a resolutiouof the Senate, for report, to the nterior Dept when that Dept was preside over by Secretary Smith. No report was ever made; and the present Secretary desires that a new call may be made upon him, if he is to be called upon to report upon it. The object is to get a report in order that it may be referred to the ComIndAffrs for exam.ination. The claimant is now deceased and the proceedings to be taken are in behalf of his widow. The resolution was adopted. SIOUX CITY BRANCH PACIFIC RAILROAD.
Mr. HOWARD. I move to take no Senate bill No. 109. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.109) to rese ind the order of the President designating the Sioux City and Pacific Railroad Company to construct the branch of the Union Pacific railroad from Sioux City. As the POTUS on the 24th of December, 1864, desrgnated the Sioux City and Pacific Railroad Coin iany, a corporation of the State of Iowa, for t m purpose of constructing and operating the branch of the Union Pacific railroad, authorized to be constructed by the 17th section of the act of Congress approved July 2, 1864, entitled “An act to amend an act to aid in the construction of a railroad and telegraph line from the Missouririver to the Pacific ocean, ” &c.; and as that company has filed a map in the Dept of the Interior of the route over which it proposes to construct the branch road; and as the construction of the branch road upon the route proposed will be in violation of the true intent and meaning of the act of Congress, the bill proposes to amend the order of the President designating the Sioux City and Pacific Railroad Company to be the company authorized to build the branch rail; roa, under and in pursuance of the 17th section of the act of Congress approved July 2, 1864, entitled “An act to amend an act to aid in the construction of a railroad and tei egraph line from the Missouririver to the Pacific ocean."
Mr. MCDOUGALL. It is my impression that I was chairman of the Pacific Railroad Committee when Sioux City was made to have a connection with the Pacific railroad. I can say, as all who were then members of the Senate know, that Kansas and Iowa quarrcled much. I was industrious (at least I thought I was industrious) to secure a communication from the valley of the Mississippi to my own coast, and not very particularabouthow it was done so that it was well done. The line from Sioux City was made a line of communication, but not as a main line. A branch was fought for by the extreme Northwest from StPaul downward. I am not unconversant with the to ograpliy and geography of that port oflhe world; perhapsI am quite as familiar with it as the Senfrom Michigan; perhaps a little more so; for I do not think he ever rode horses in that port of our land. It is only a line of communication to bring Minnesota nudlhe extreme Northwest down into communication with the main line, so as to brinir the main trunk at the 100th meridian in communication with the point stated in the bill. It never was intended us a direct line, but, uponn topographical investigation, a route from Sioux City to the 100th meridian was regarded as the best means to unite the main route with the north western railroad system. I think I have pursued the study of the possibilities of railroad lines between the Mississippi valley and my own coast with as much carefulness, Idare say with more carefulness, than any man I know.
Mr. HOWARD. I do not know that. Innder stand the Senfrom California very clearlyi but if I do, Innderstand him to say that there has been some topographical report on the subject of this branch line. I have never seen an such report.
Mr. MCDOUGA LL. I will say to the Senfrom Michigan that I had, when I 1st came into the HoRep, 50 manuse rit maps of that part of the country, besides the surveys of the engineers of the Government 50 that I had employed men to make and then I understood the country my self by my own personalcognition. Isaythatthis branch was provided for simply to connect the Northwest, from Lake Superior down through Minnesota, and join it to the main line communicating with California. That proposition, when presented from the Northwest, met with my full approbation, I having carefully studied the subject. I think the Senfrom Michigan, who is always careful, and to whose opinions I always listen with great respect, is a little mistaken, because he has not gone quite far enough west.
Mr. GRIMES. The Senfrom Michigan is much more familiar with the statutes of the U.S. on the subject of the Pacific railroad than I am, but I must claim that I am a little more familiar with the topography of the country through which it is proposed to build this branch road then he is. he Senfrom California has very correctly stated what was the purpose of Congress at the time this branch was provided for, and the Senfrom Michigan as correctly stated what is the purpose of this bill, namely, to set aside the Presidents order, to violate, as I apprehend, the contract now existing between the Federal Government and the company that was designated by the POTUS to build this road, and then to allow a competing line to construct a road up the valley of the Niobrara, a valley which every gentleman who ever passed through it, so far as I know, beginning With Lientenant Warren. will admit that it is impossible that a railroad can be built through.
Mr. GRIMES. It canuot be built for the reason that there is no timber; it goes through what are called the bad lands. One hulfof the country or a large part of the country through it is what is known as the alkali land, sand hills. as the Senfrom Missouri[Mr. Bnowx] correctly suggests, who has been through that country himself. I think sand hills on both sides that never will admit of any population; and today you have not got 2500 people in the whole Territory of Dakota through which it is proposed to build it; and if it were built, let me say it would require as a subsidy and I think the gentlemen who are upon the ComPacificRR will confirm what I say $50,000,000 more than it would to build this road.
Mr. CONNESS. Allow me to make an inquiry as to the last expression of the Senator in comparing these 2 routes, socalled. I desire to know what he means by “this road.” Does he mean the designated route, the map of which is in the Interior Dept?
Mr. GRIMES. The nearest practical route.
Mr. CONNESS. I hope the Senator will address himself to that question.
Mr. HENDRICKS. Will the Senatorallow me to ask him one question, whether this company which has been designated by the President has made surveys and located the road. Has it made any investments?
Mr. GRIMES. Yes, sir. I say it seems to me, and I think the Senate must concur with me, that there was the end of the matter, and that there is no power in Congress to overthrow that contract, and that it is a manifest breach of public faith to attempt to do it. I under take to say that gentlemen who are advocating this measure would not do it for themselves as private individuals in private transactions. When that order was made by the President, designating the Pacific and Sioux City company as the proper corporationtoconstruct this run, indivi unswere induced in different sections of the country to invest their money in the stock; surveys were made. I do not pretend to say that they have made the best survey and selected the best line that could have been selected. They thought it was the best one; but they have a corps of engineers this moment in the field attemptin a better one.
Mr. HOWARD. llow me to ask a question. On what route is this corps of engineers now engaged?
Mr. HOWARD. I differ from the Senfrom Iowa as to the true construction of the 17th section of the act of 1864. According to his view, it was competent for the president at any time after the passage of that act to designate any company e might see fit for the construction of the Sioux City branch. It does seem to me that the simple reading of the statute is a full and complete answer to that position. It says that so much of section 14 of the oriinal act “ as relates to the branch from sionx City be, and the same is hereby, amended so as to read, ” that “whenever aliuo of railroad shall be completed through Iowa or Minnesota to Sioux City, " the PreSident shall have this power of designation; and afterward in a subsequent proviso the section declares that this State road shall be completed within 18 months, and if it is not completed within 18 months then the company that may be designated by the POTUS may proceed to build this branch. If the language, “whenever a line of railroad shall be completed through the State of Iowa or Minnesota to Sioux City” does not imply until that act is done, until that condition is complied with by some company, I am unable to understand language. It is tantamount to declaring that after or upon the completion of a road to Sioux City t rough Minnesota or Iowa, the President may have power to desig nate a company to construct this branch; and that was manifestly the policy and intention of Congress at the time of passin the act; the object being to secure absolute y and beyonderndveuture the construction of a road through Iowa or through Minnesota to Sioux City, so as to form a connection with the system of railroads that concentrate at Chicago, and for the benefit of the Northwest.
Mr. SUMNER. Do [understand my friend to say that President Lincoln transe ended his power when he designated this compaig?
Mr. HOWARD. Ithiuk he did. I ink it was an inadvertence on his part. He could do this only after the completion of a road through Iowa or Minnesota, and not before. He assumed to exercise the power of designation before the completion of any such road and there is no such road in existence. The Senfrom Iowa seems to insist that rights have become vested in the Sioux City Railroad company, and that we cannot now interfere with this order without a violation of vested rights. I do not so understand it. I know of no right which has accrued to that company the company have never applied a single do1 lar in the way of constructing this railroad They have not broken ground; they have not chopped down a tree; they have not laid 8 tie; they have not advanced a single (1011" for the construction of the road.
Mr. MCDOUGALL. The Senator will p61" mit me to ask him a question. I believe I W55 earlier on that committee than the Senfrom Michigan. I ask him whether he 18{10 aware that the line designed to connect?"l Lake Superior by StPaul and down to Sly“! City, and thence to the 100th meridlflni was not given a longer time for its cousin"?tion than any other line because the com"? w“; new? Was it not understood that they won need more time to survey and find out appropriate routes? Then let me ask him further. whether they have not been triangulating the whole thing from Cedar Falls down junction with the main line at the 100th meridian. If they have not been doing so. I have been misinformed.
Mr. HOWARD. I have not the means of assuring the honorable Senfrom California whether private companies have been engaged in that enterprise, but I think it is highly probablethe have been.
Mr. cDOUGALL. I would ask him, then, whether the location of a road by excellent engineers is not the 1st term in the building of a road in a new country, and whether it is not one of the most expensive things.
Mr. HOWARD. I do not understand that the location of a road, by merely making surveys. constitutes any part of the building of the road.
Mr. MCDOUGALL. I ask whether the location of a road in a new country is not of as much importance to the construction of the road as its grade or the putting on the track, when completed, of engines; whether it is not more important that the engineers should 1st locate a route.
Mr. MCDOUGALL. Will the Senfrom California permit me to ask him a question?
Mr. MCDOUGALL. Has my colleague, the Senfrom California, ever studied anything of engineering or mountain countries? I ask an answer.
Mr. CONNESS. I do not think that has any relevancyto this subject. If the Senators colleague has not, he is certainly willing to concede that his colleague has studied sufficient for both.
Mr. MCDOUGALL. Ah! the better man of the 2, then.
Mr. CONNESS. There are companies organize?
Mr. CONNESS. The Senfrom Michigan says they are organized, and are very responsible companies; that had passed my attention. I do not know but that I have said all on this subject that I need at this time say. My only purpose in rising was to show that the committee had fairly and fully considered the case; that they had considered the question of whether the President should have designated this company or not; that they had considered the ability of this company to construct the road; that they had considered the chea est line of construction for the Government, an that they had also considered the best route for its construction over, I have no feeling in the premises, but, as Iau thorized the report to be made, I shall vote, of course, to sustain that report. If the Senate should not adopt it, then should be willing to accept the other proposition, that coming from the Senfrom Iowa.
Mr. MCDOUGALL. Mr. President, this is an opportune occasion for me to make a remark due to myself and my relations to my State. It happened to be the fact thatI introduced the 1st bill for a Pacific railroad in the HoRep long years ago. I was chairman then of that committee. I introduced the 1st carefully prepared bill in this body, and was chairman of the committee. I, the voice of the majority governing, after having reported and heled to pass the 1st bill that ever did pass in Congress, was superseded by the sober Senfrom California. Iin habited the city of SanFrancise o, the metro politan city of the Pacific. His antecedent in the House resisted the Pacific railroad goin to SanFrancise o; and my colleague resisted the Pacific railroad goin to the great metro politan city, a place of which Humboldt spoke when he traveled along Californias mountains and valleys long years ago. This frompersonal local considerations he did; and I know those considerations, and I affirm them now, and I do it for to own dignity and for the respect I have for O high senatorial office. The opportunity has not come before for me to say this; but what I say is the perfect truth. He did this for personal reasons, not for public. I do not think he understands the dignity of Office. A man may play fantastic tricks so far as he himself is concerned; but when be accepts office and represents others he must be careful that he does the full measure of his duty; and it is my impression that he never learned to do that.
The PRESIDENT protemporc. The remarks of the Senator of a personal character are decided to be out of order.
Mr. CONNESS. Only because what the Senator has said will be printed in the Globe, as I be c it will be every word
Mr. CONNESS. I hope the Senator will now be silent. Only because it will be printed in the Globe do I rise to make any otherwise response; I never would respond to ivint my colleague says in the Senate of the U.S., but what he says goes out in print as the words of a Senator, and if no notice be taken of it here the public at large cannot but understand that the object of his animadversions deserved those aiiimadversions. The Senate will bear me witness today, as they will since I have been in this body, that I came here for business, that I have made honest endeavors to represent the interests, the best interests, of the people who honored me by selecting me as a Senator. The testimony of the Senate on both sides I have no fear but that I can receive on that point. That this morning should be selected by him who unfortunately represents my State in this august body, to make a personal attack upon my self
Mr. MCDOUGALL. Will the Senfrom California allow me to ask him a question?
The PRESIDENT protempera. Senator give way I
The PRESIDENT protempore. The Senators colleague does not give way.
Mr. CONNESS. That this assault should come this morning while we are engaged in the duties of our high office in considering a subject relating to a public weal lying outside of the State of California, can only be accounted l for by the Senator who has made it being in that unfortunate condition which has led to so much disgrace to our State.
Mr. MCDOUGALL. Mr. President, I have a right to call the Senator to order and to pronounce that a falsehood. I have that. right.
The PRESIDENT proten are. The senator will state his point of or er, but he must state it in parliamentary language; otherwise the Chair cannot entertain any motion from the Senator. Does he make a point of order on what the Senator [Mr. CONNESB] says? If so. he will state his point of order.
Mr. BIcDOUGALL. I will state the point of order, then. A man who makes an insulting remark on the floor of the Senate, if it is a false remark, may be corrected by the statement of the term “ falsehood, ” which isparlinmentary; it is so in GreatBritain and so in the U.S. I desire to pronOunce that a falsehood, and I am within the rule as it is laid down.
The PRESIDENT o tampon. The Senfrom California [Mr. Conness] will proceed.
Mr. CONNESS. Mr. President, I hope I shall be protected from these interruptions in what. I shall have to say in future.
The PRESIDENT protampon. The Chair will endeavor to enforce the rules of the body.
Mr. CONNESS. Iask the indulgence of the reporter, else the remarks that I have made and what I wish to make will necessarily lack coherency. I was saying, sir, that the assault both in time and in character made by the senator would not have been made on this occasion were he not in the condition which has led to so much disgrace to our State and has so often led to public shame in this august body.
The PRESIDENT protempore. The Sea ator must observe order.
Mr. MCDOUGALL. Again I call the senator to order, and a n I say
Mr. CONNESS. I hope the Chair will keep order.
The PRESIDENT protempore. The senators undertakin to pronounce what his colleague states to e untrue is not a point of order; and the Senator must not interrupt. He will have his opportunity to reply if any misstatement is media.
Mr. MCDOUGALL. Will the President allow me to state what I think to be the true rule 1
The PRESIDENT protampon. If the senator makes a point of order, the Chair will entertain the point of order. The Senfrom California on the left of the Chair [Mr. Conness] has the floor and must not be interru ted unless he is called to order.
Mr. MCDOUGALL. The point of order I will state. It is not Mr. SUMNER. I rise to a question of order. I submit that the Senator must not. be allowed to proceed. He must make his point of order and then take his seat.
Mr. MCDOUGALL. I have the floor, having risen to state a point. oforder. Not having stated the point of order, I still have the floor.
The PRESIDENT protampon. The Senfrom California rose to a point of order and has not stated it. The Chair entertains his motion only on the ground that he is stating his int of order.
Mr. SIcDOUGALL. I wish to state whatI think to be the rule, which is, as far as I have been instructed about parliamentary law, that a person speaking personally, as the Senator, my colleague
Mr. CONNESS. Mr. President, I believe I am entitled to the floor. I objectto this. If the Senator has a point of over to make, I hope he will be made to state it.
The PRESIDENT protampon. That is the object of the Chair. The Senator [Mr. MCDoucALL] is stating his point of order as the Chair understands. If he is not stating a point of order he is clearly out of order.
Mr. MCDOUGALL. I am only stating it. I am trying to get at it carefully so that I may be exact. If 1 am wrong I have no doubt the President will rule right. If the Senator, my colleague, had risen in his place and objected to somethings I said, I think he might have made a point of order on me.
Mr. SUMNER. I rise again to a question of order.
Mr. MCDOUGALL. I am on the floor on a point of order.
Mr. SUMNER. The Senator is arguing a case.
Mr. MCDOUGALL. I am not. I am a touching the statement. Permit me, hairman of the ComForRel, to make my statement. If a person says a thing on the floor of the Senate that undigni fies a Senator he has the right to rebuke it by properterms. That is the point of order, and so it has been ruled in Parliament and so it has been ruled in this Senate for titty ears. That is the point of order. That is all want to state, so that the President will understand that I have the privilege to rebuke a false assertion, it being persona to myself.
The PRESIDENT o tampon. The Chair does not understand that what the Senator new states is a point of order.
Mr. MCDOUGALL. It is a point of order. It is my right to have such an assertion corrected whenever I ask a correction.
The PRESIDENT protempore. The Chair understood the Senfrom California on the right [Mr. MCDouoann] to deny the truth of some assertions made by the Senfrom Califorum on the left, [Mr. Conness] The Chair does not think that a point of order.
Mr. MCDOUGALL. I think the Chair does not understand me. I think the Chair did not understand the remarks of the Senfrom California, [Mr. Commas] There is the point. The Senfrom California, my colleague, made a remark that was personal to myself, not an opinion or a matter of discussion.
The PRESIDENT o temporc. The Senfrom California {his Cosssss] will proceed. The Chair perceives no point of order in the matter stated.
Mr. CONNESS. If my purpose had ever been at any time, or if I ever could entertain the purpose, which [never have, to reflect upon my colleague, the Senator in this body. it were entirely unnecessary; the conduct of the senator here furnishes the most severe reflection that could possibl be uttered by human tongue. The Senator, as have once taken occasion to state in defense of my State, does not represent the State of California in any sense, either political or moral. The Senator was enfranchised with the senatorial office by that great State 5 years ago, since which time the Son ator has never returned to see his constituents or that they might see him; and yet I have been put to the constant test in this body of bearing and submitting feeling proud of the people I represent here to the assumptions of representation of them made by that Senator. I have borne it, sir; I have sat in my place when that Senator, so far from representing that high toned, moral, and courageous constituency and great sovereignty, was sitting in his chair, or rather lying in his chair, the object of pity, before an audience assembled here from nearly every State in the Union. I have covered my eyes more than once in shame before these exhibits. My associates in this body must not understand that I am dead to considerations of this character, but, sir, silently and quietl, kindly even to him, I was hiding the time when the Senator, by the termination of his official career, should cease thus to misrepresent, thus to humiliate, and thus to shed all the disgrace that was possible in him to do upon not. only the State t. at honored him and enfrauchised him, but upon the American character and upon the American Senate. But, sir, I cannot bear it this morning, in view of the wanton, unprovoked assault made upon myself. The Senator rises here and handles the word falsehood, Mr. President, inst me. ghe: Senator dare not do that out of this great o. L
Mr. President, I dare not reply, for my senatorial character is in issue here, to conduct so despicable as that is. I dare not respond to it. Of my character for truth and veracity for honor in the representative character, I have no comparison to make with him. I shrink from the contrast as I would from all the pollution that hell could vomit forth in its most disgusting convulsions. I have no contrast to make. Mr. President, with gentleness, with kind ness, with what was due to the senatorial relation. notwithstanding the provocations in eve point of view I would at any time since? have sat here have sacrificed them all before the high and imperious duty of vindicating this great American forum and have cast a vote upon any day for the expulsion of the Senator because of his offenses committed here again and again against the dignity of this bo; but, sir, I could not lead in such a work the Senate has spared him but for etful of this consideration in his behalf, he has repeated again and a sin these outrages and violations of order an decorum and dignity until forbearance has ceased to be a virtue. The Senate have constantly done themselves and the country a wron. It was not enough that this great body of which he became a member had by unanimity concluded that he should not be permitted longer to sit in its committees to consider legislative questions. That silent but most positive condemnation so far from bringing reformation and change, has but sunk and degraded the object still more, until having no character to lose, nothingin controversy, he rises and commits the last offeuse this Mrm. orning; JOH SON. The honorable member from California
The PRESIDENT o tempera. Does the Senfrom California yield the floor I
Mr. JOHNSON. The honorable member from California will permitme to interrupt him for a moment?
Mr. JOHNSON. As far as any necessary vindication of his character is concerned, Isub mit to the honorable Senator whether he has not gone far enough.
The PRESIDENT protempore. The Senfrom Maryland has the floor by consent of the Senfrom California.
Mr. MCDOUGALL. I askhim to permit me a remark
The PRESIDENT protemper! The Senfrom Maryland does not give way and must not be interrupted.
Mr. JOHNSON. I am sure that it would be agreeable to the Senate, and toall who hold in respect the character of the body, that a discussion like this should terminate.
Mr. CONNESS. Mr. President, I beg to say to the Senfrom Maryland, to the honorablePresident, and to the Senate, that I feel as deeply as any human being can feel the pain of this whole proceeding; but I began by remarking that what is said in this Chamber goes out as the record of this great body, and, so far as the public at large and outside readers are concerned, we are all equal here; and therefore, provoked again and again, I cannot, either for myself or for the State that l in part endeavor to represent here, be silent longer. If I have, Mr. President, by manner, by word, or by in opportune occasion offended the Senate, or any Senator, certainly there is no person to whom it would communicate more pain than myself, and there is none who would withdraw any offense committed either to an individual or to the body where I was than myself. I am done, Mr. President. I
Mr. MCDOUGALL. I shall be more respect. fnl; I will not speak of “ the sob!" Senfrom California;” I will speak of the superb Senator with the superior voice. There is a little story told of one of the best men in America Mr. Pottigru, of Charleston, SCarolina. Having advocated a cause in which he had occasion to denounce the client of the opposite counsel and his family for having been guilty of perjury, the lighting man of the family came from the mountains, which are a branch of the Alle honios in that region, and came up to Mr. ettigru, who was walking along in the old fashioned style, with his green bag under his arm. This big, tall fellow came up and said to him, “You are a God damned liar.” Mr. Pettigru did not notice it. Then said he, “ You are a damned seoundrcl.” Mr. Pettigrii did not pretend to see him at all, but walked along toward home, like a gentleman. “Mr. Pettigru, ” said he, then, “you are a God damned son of a bitch.”
The PRESIDENTpro tem are. The Chair thinks the repetition of such stories is disor derly, and ought not to be indulged mm the Senate.
Mr. MCDOUGALL. I would desire to conclude my sentenceI have not completed it.
Mr. noomrrtis. The Senator is entitled to the floor, but I desire to call the attention of the Senator to afact, ifhe has no objection. That fact is that the question under consideration is in regard to this Pacific railroad bill.
Mr. MCDU UGALL. But this is a personal controversy, and I wish to state the controversy as it is. Permit me to proceed. I shall not take 3 minutes. I want to state the cause wh. IYhe convontion met 4 days thereafter. I was well advised that the person who had volunteered El Doradopto me. had become my adversary. He came to the convention with his followers. He did not call upon me, but cast his vote against me. I was not troubled, because I was advised; I was forewarned and forearmed. After I was nominated on the 1st ballot, by a handsome majority, he came to me and sni, “I contulate you, sir, as a Representative from the State of California.” Said I, “Sir, I do not know how well you can congratulate me, or how well you can afford to offer me your hand. You had given me the assurances of support, and you made a speech against the person who 2nded my nomination, and cast your vote against me. You have a right to change your opinions, and I not being informed of the reason why you cast your vote against me, must say that to me, without information, it looks much like treachery. Permit me to inquire, if you had a cause, why you did not give me the explanation, and inform me 1st, that you had changed your opinion, and 2ndly, the reason why.” “ Oh, ” said he, “L found out that you are too much of a southern man for me; ” and he cast his vote for a man who had sent a circular around for establishing slavery in California. Sir, those men who have wronged you once, and know they have wronged you, will always be your adversaries. I do not speak otherwise than as can be interpreted by the Senator across the way.
Mr. HENDRICKS. If it is not the desire of Senators to have a vote on the bill which is immediately before the Senate, I will move its postponement with a view to take up the bill that was under consideration the other day for the relief of certain contractors for the construction of vessels of war and steam machine cry, and upon which I was submittiu some remarks to the Senate at the time an journ mont took place. If Senators think we can reach a vote on this bill today I desire a vote upon it I shall not interpose the motion.
Mr. HOWARD. I think we can soon come to a vote.
Mr. DOOLITTLE. I suggest, inasmuch as an important amendment has been offered by the Senfrom Iowa, that the bill had better go over and let that amendment be printed.
Mr. HOWARD. I will not object to that. But I beg leave to make one single remark before the subject passes over this morning. It was observe by the Senfrom California, Mr. Cosssss] that he supposed the lands on the route marked upon the map which I haVe furnished had been withheld from the market for the benefit of the company. In that respect I think the honorable Senator has been misinformed.
Mr. CONNESS. Irather asked itas aquestion.
Mr. GRIMES. I hardly suppose that the Senate is prepared to sit as a court of appeals to decide whether or not corporations created by the State of Iowa under their laws are valid or not. All that I have to spy in reply to the Senfrom Michigan is, that I know several of the persons who are connected with this company. I know that they are very pure men, very able men, and are capable of building the road; and I think that they probably are as well qualified to discharge this duty as the gentlemen who compose the adverse company, with the members of which I suppose the Senator is familiar, for I believe they are generally from the town in which he has his residence. I have no doubt the persons who are seeking to get the control of this road in opposition to the company to which the grant was made by the Presidyent are all very respectable people; but the charter, as I suppose, and have believed, and am informed, is in strict accordance with the laws of the State of Iowa.
Mr. HOWARD. It was not my intention to sit as a judge upon the question Whether this Sioux City company is legally incorpomted or not. That was the furthest possible thing from my mind. I felt it a duty, however, to call the attention of the Senate to this imr tant fact, and it will have such weight as Senators choose to give it. As to the other company to which the Senator alluded, I have on y knowledge of but one or 2 members of it. very few, however, of the members of the company to which the senator refers, reside at Detroit; and as to those, I can assure the Senator that they are gentlemen of the highest responsibility and nntarnished honest and honor as businessmen men who won d delight in exercising the privilege of carrying through this important work as expeditiously as possible; men who would be sure to accomplis their object. As to the character of the stockholders of the Sioux City company, I know much less of them than the honorable Senfrom Iowa does. I presume, however, they are all excellent business men men of responsibility. I have been so told; but I cannot, just at this point, the fact appearing before us in publish cupporec susments now on our tables, that 3 of the stockholders, 3 of the members of the board of directors of that company, are members of the present Congress members of the HoRep. I think it proper to state thatBfact for the information of the "M “
Mr. GRIMES. I desire to say in response to that that the Senator is mistaken. I believe that one of the members of the HoRep of my State assisted in forming the company, but when the company was formed he ceased to have any connection with the road. I think that one member of Co pass is one of the members of this company. do not know that there is on particular impropriety in that ldo not know that it is any more imreer than it is for the Senators constituent, who olds an office in the Territory of Dakota, to be a lobby member about this body, as he has been ever since this session of Congress commenced, for the purpose of securing this grant to the adverse company, of which he is a member. I simply desire to repel the inference that might be drawn from the remarks of the Senfrom Michigan that there was anything improperon the rt of these ntleinen who were members of the HoRep. One of them I think is a very worthy memberfrom the State of Massachusetts, as good a man, its pure a man, and as cometent a man, according to my knowleged O himand I think that is the opinion hed of him by his own constituents and by the people of that Commonwealth as ever had a seat in the Halls of Congress; and I can make the some remark, with perfect propriety and truth, in regard to my colleague of the HoRep. I do not know with what purposeitwas that the Senfrom Michigan saw fit.to drag in the names of these gentlemen and put them upon the record here. Ican only say. whatever that motive may have been, that, in the estimation of their friends, nothing that he can say can inure them.
Mr. HOWAR. Certainly it was not my purpose to introduce the names, and I have not introduced the names, of any members of Congre from the State of Iowa as members of this company. That is not necessary. I referred to that fact, however, to account, if ible, for this strenuous opposition which misbeen made, and probably Will hereafter be made, to the passage of the bill now before the Senate. I, li e the Senfrom Iowa, see no impropriety in a member of Congress being connected with a railroad company, being a stockholder or director; there is certainly noth in disreputable in that; but that would natu raIly be a circumstance, so far as a member of Comrress is concerned, inducing one to be tol erubIy vigilant in regard to his rights and in regard to the rights of his company. That is all that I intended. As to the other gentleman to whom the Ben ttor has seen fit to allude a private gentlemanof s otless reutation
Mr. HOWARD. Yes, sir; I believe he is surveyor of the Territory of Dakota, and has been absent, on leave, for a number of months from his post of duty, and has spent much otz his time at Washington. What may have been hu business entirely, I am unable to say. It in true, however, that he is friendly to the passage of this bill. as he has a right to be, as every man in Dakota and elsewhere hasa right to be. I do not know of any reason in morality or polities or law that would exclude a Gentleman holding a public office from taking on interest in any public measure pending before Congress. I do not know why he should be ostracized simply because he is a public officer.
Mr. HENDRICKS. I move that the fur flier consideration of this bill be postponed with a view of taking up the bill for the relief of the contractors for building the iron clads.
Mr. CLARK. If the Senfrom Indiana desires to address the Senate upon the bill to which he alludes, I. of course, will make no objection to that bill coming u, but I desire, if possible, to all up House bil No. 238, with regard to the habeascorpus, which was under mnsiderotion some days ago, and which is a hill of publicimportance; and I should be glad, Sonstor does not. wish to address the Senate, if he would let that bill come up instead of the one to which he alludes.
Mr. HENDRICKS. I do not.wish to occupy the time of the Senate but briefly.
Mr. CLARK. Of course, it the Senator desires to occupy it at all, I will not interpose another motion.
Mr. HENDRICKS. I understand that the Senfrom Iowa, the chairman of the ComNavAffrs, will perhaps offer some amendments which may remove all objection to the bill I have named, and it need not occupy very much time if hetakes that course.
The PR SIDENTpro tempore. It isine vod that the further consideration of the bill now before the Senate be postponed, and that the amendment offered by the Senfrom Iowa be printed, and that the Senate proceed to the consideration of the bill made y the Senfrom Indiana.
Mr. HOWARD. If the bill now before the Senate is to be postponed, I beg to suggest that it be postponed until tomorrow atone oclock.
Mr. CLARK. Oh, no; do not assign a day for it.
Mr. WADE. I hope there will be no assignment: that will prevent me from calling up a bill which, if it is to be passed upon at all, ought to be acted upon very soon.
Mr. WADE. The bill to incorporate the DistCol Canal and Sewerage company. H it is to be passed at all, it should be passed at once. I intended to call it up this morning, but this bill got ahead of me. I think this bill ought to be considered and passed at the earliest moment, and I should be glad if the Senate Would agree to take it up now.
Mr. SUMNER. Why not go on with the business before us and finish it this afternoon?
Mr. HOWARD. I inferred from what the Senfrom Indiana said that he desired to speak on this bill, and wished it postponed for that reason.
Mr. HOWARD. If that be not the case, I think we had better come to a vote on this bill without a postponement.
Mr. HENDRICKS. If we could reach a votcI should not interpose another motion; but I suppose this bill in regard to the Pacific railroad will occupy some further time, and I desire to conclude whatI was saying at the time of the adjournment the other day, and I suppose that we can then dispose of the bill that I propose to call up in a very short time.
Mr. ANTHONY. If the Senfrom Indiana was cut off the other day in the middle of hisspecch I do not. know why that would not come a as the unfinished business. I think he ougiit to have the privilege of concluding his remarks.
Mr. HENDRICKS. I supposed it would; but. I did not want to interrupt other business.
Mr. GRIMES. It was understood a few minutes ago that this railroad bill would go over until tomorrow, and I know that 2 or 3 Senators left the Chamber under that imression. I think, therefore, it would be we l for us to adopt the suggestion of the Senfrom Indiana, and let this bill be post poned until tomorrow.
The PRESIDENT protem ore. The (picstion is on the motion of t. e Senator troni Indiana. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPmJRSON, its Clerk, announced that the HoRep had insisted on its amendments to the concurrent resolution of the Senate to prohibit the sale of spirituous and other intoxicating liquors about the Capitol building and grounds, disagreed to by the Senate, and asked a conference on the disa reeing votes of the 2 Houses thereon, and nois, Mr. HIRAM Pnien of Iowa, and Mr. SAMUEL J. RANDALL of Pennsylvania, mana gers at the same on its part. adaplpointed Mr. Joan Wm rwonrn of Illi ENROHLID FILL SIGN”. The message further announced that the Speaker of the HoRep had signed the following enrolled hills; which were thereupon signed bv the President pro femporc: A bil (H. It. No. 122) making appropriations for the naval service for the year ending 30th of June, 1867; A bill (H.R.No. 218) for the relief of Charles Youltv; A iill (H.R.No. 264) granting a pension to Mrs. Altazera L. Willcox, of Chcuango county, in the State of NewYork; A bill (H.R.No. 266)gmnting a pensiontO Mrs. Isabella Fog, of the State of nine; A bill (H.R. o. 267) granting a pension to Virginia K. V. Moore“, A bill (H.R.No. 268) for the relief of Albert Nevins; A bill (H.R.No. 448) grantin a pension to Mr. Elizabeth York, Widow of S ubal York, late a surgeon in the 54th regiment Illinois inlflaut fiolilieitecrs;) i. o. 444 ntin a pension to Lewis V. Dietrich; A bill H.R.No. 446) for the relief of Nicholas ibner, late a private in the 6th regiment MissouriState militia. LIQUOR IN T115 CAPITOL. The Senate rocceded to consider the mes sage from the HoRep asking for a conference on the disagreeing votes of the 2 Houses on the amendments of the HoRep to the resolution prohibitin" the sale of spirituous liquors in the Capiiof building or grounds, disa eed to by the Senate and insisted on by the House.
Mr. SHERMAN. In the absence of the Gentleman [Mr. WiLsoiv] who introduced the resolution, and for him, although without authority, I will move that the Senate insist upon its disagreement to the amendments and agree to the conference asked by the House on the disagreeing votes of the 2 Houses thereon, and that the President protempore appoint the man agers at. the conference on the part of the Son ate. I hope that this will be considered as the motion of the Senfrom Massachusetts who introduced the resolution. The motion was agreed to. SARAH E. PICKS LL.
Mr. LANE, of Indiana, desiring to move a reconsideration of the vote indefinitelypostponing the bill (H.R.No. 458) granting a pension to Sarah E. Pickell, on his motion, it was Ordered, That the Secretarybe directed to request the HoRepto return to the Sonata the hill of the House (No. 4561granting a pension to Sarah E. Pickcll. which was indefinitely poltponod by the Senate on the 13thinstant. CONTRACTORS FOR VESSELS and MACHINERY. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.220) for the relief of certain contractors for the construction of vessels of war and steam machinery.
Mr. CLARK. With reference to that point I desire to say to the Senator that that is one of the great objections that I have to the bill, that the Senator and the Senate cannot consider each case separately by itself. I can conceive that there might be very good reason why we should make an allowance to A or to B on account of the action of the Government in delayiu the work, when there would be no reason forniakin an allowance to C or to D.
Mr. HENDRIKS. I will speak of that directly.
Mr. CLARK. The difficulty is, this billtakes the whole of them together, and we go rather by illustration of the whole case than by an examination of the individual cases.
Mr. HENDRICKS. That is not exactlythe case, for the reason that the committee, in the report made by the Senfrom Nevada, [Mr. NYE] have examined each claim and each case.
Mr. CLARK. Thatmay be. The committee may have satisfied themselves, but the Senate may not be satisfied.
Mr. HENDRICKS. I cannot say that the Senate will be satisfied, but the committee have not asked the Senate to take one or 2 cases as a matter of illustration. The committee, in their report, have given the particular facts of each claim. Thereport does not present these cases as a matter of illustration. but gives the facts in each case.
Mr. WILLEY. I merely rise to remind the Senfrom Indiana that the bill also names each case separate and distinct, just as much so as if there were distinct and separate bills in each case. The committee not only report separately on each vessel, but the bill, although it provides for all of these claims in the same bilH, does so by clauses, separating the claim of each.
Mr. CLARK. I understand that perfectly, because I have examined the bill somewhat; but here are 42 cases, as the Senator will see, put in one bill, on which the Senate is to pass. We think it enough to pass upon one claim; but here we have got 42 all in one bill.
Mr. WILLEY. Where is the difference whether we are to have 42 bills, or have but one bill, when we can take up each case, or each vessel at a time, as we can do in considerin this bill, framed as it is?
Mr. CLARK. That is not what we are doing. Senators are trying to carry the whole bill by an illustration of aportion of these cases.
Mr. HENDRICKS. The committee do not propose to carry the whole bill by illustration, although in my argument I do not undertake to examine the particular merits of each particular case. he report of the committee, made by the Senfrom Nevada, discusses each case separately, and presents the facts of each case as fully as the committee were able to do. But for myself, I content myself with iving a few illustrations, as the Senfrom own, the other day, selected one or 2 cases as an illustration, for the nrpose of showing that some parties claimed argely. while other parties did not claim nearly so much. Now, Mr. President, upon these 3 vessels, as I said, I thought the award of the board was as lii h perhaps as in any case, and I have selected them as being as hard 3 case to satisfy the judgment of the Senate upon as any. have selected those 3 vessels, the Tecumseh, the Mahopac, and the Manhattan. The award upon each vessel is $110,000, making above $300,000 upon the 3 vessels. If it shall appear upon acareful examination of the allowance made upon those 3 vessels that it is right and proper, the Senate will not be so uncertain upon claims where the allowance is not so large.
Mr. CLARK. If the Senator will permit me for a moment, I have not examined the report very carefully, but I find one case where the contractors claimed about 77,000 dollars, I think, and without showing upon what principle they had gone precisely, or without s iowing that he was not entitled to that sum, this board cut him down by a sort of arbitrary rule to the largest allowance they had made anybody else, to wit, about 18,000 dollars. They took another mans case as a guide for his, which showed to in mind that this board did not examine into tesubject very carefully.
Mr. HENDRICKS. In fact it was $18,000. I will explain to the Senator how he has been misled. Thkclaim was for $74,000. The allowance is $18,000; but that allowance of $18,000 includes about $6,000 of extra work, which has been allowed by the Dept, but has not been paid to the parties. The record shows that; so that the real allowance by the board for losses was $12,000 instead of $24000.
Mr. HENDRICKS. They did allow $18,000, but $0,000 of that was for additional work required by the Dept. mi word in regard to the Waterec, upon which the Senfrom California [Mr. Cox xsss] made a speech the other day. He says he has a personal knowled e of the Waterec and that it proved to be a, efective vessel. I am not going to discuss with the Senator his information with regard to that vessel, nor his competency to judge of whether it was a well built vessel or not. He is satisfied that the Waterec was not a well built vessel. The Dept does not agree with the Senator, although he thinks he got some of his information from the Dept, but I think in part he must be mistaken, for the resolution which authorized the SecyNavy to organize this board closed with this sentence: “None but those that have given satisfaction to “to Dept to be considered." The SecyNavy had no right to refer any case to this board where the parties in the construction of the work had not 5n full satisfaction to the Dept.
Mr. CONNESS. Will the Senator permit me to interrupt him?
Mr. CONNESS. I deduced my conclusion with regard to the Waterce in part from the performance of the ship, which Ipresuine is very good testimony in the case. Our sailing vessels make trips from NewYork to SanFrancise o in, say, 120 days. They have been made within 90 days or thereabouts, and often within 1110 days. however those are extraordinary trips. From 120 or 125 days to 140 days is a common trip for any good sailing vessel; but the Wateree, a steamship, a new ship, was I think more than 8 months finding her way there. I only stated what came within my knowledge in that connection, and also in connection with that the statement made from the Dept to me on the subject.
Mr. NYE. If the Senfrom California will allow me to make a suggestion to him the Monadnock is generally considered a goo ship, and she was 5 months in getting to Rio Janeiro.
Mr. CONNESS. The Monadnock is a mon itor, a ship of an entirely different class.
Mr. HENDRICKS. In reply to the Senfrom California, I have to say simply this: that I am surprised that the Wateree ever got to California at all.
Mr. HENDRICKS. Anybody whoisajudge of these vessels would be surprised; and the fact that she labored hard to get to California, going around South America, and it took her months to get there, is no evidence that she is not a goo vessel; and the Senator would have so known if he had studied the structure of the vessel and the purpose for which that class of vessels was constructed. It is not a sea going vessel. It was not intended to be. It is a double ender a vessel constructed during the war, for the purpose of going into the rivers and creeks; and it is made a double ender because it is likely to he used in rivers so narrow that they cannot turn. It is made with rudders and machinery, so that it can run either way. It belongs to the class of iron double enders, and it is not at all a sea going vessel. It was supposed to be necessary to have such a vessel on the California coast, and so, I suppose, the Dept ran the risk of taking this vessel to sea around this very lohg voage.
Mr. CONNESS. I beg the Senators pardon for saying one word here. She was not sent. to California to ase end any river.
Mr. HENDRICKS. Then Itakc that back. I do not want to discuss immaterial matters.
Mr. CONNESS. She was sent there for a sea goin vessel, a man of war, and is now on the Sout 1 American station as such.
Mr. GRIMES. The only difliculiy in get ting these double enders around the acific is, while they are in the Atlantic ocean. As the name indicates, the Pacific ocean is a pacific ocean, and these vessels, when they are once around Cape Horn, can perform good service in the ocean and on the ocean.
Mr. JOHNSON. Have you been on the Pacific?
Mr. GRIMES. No, sir; but I have read of the Pacific, as I suppose the Senator has.
Mr. CONNESS. What the Senfrom Iowa says is true.
Mr. JOHNSON. It is pacific only in name.
Mr. GRIMES. There seems to be a contrariety of opinion here. The Senfrom Maryland says that it is only pacific in name, and the Senfrom California says my statement is true.
Mr. CONNESS. The Senfrom Maryland made one voyage.
Mr. GRIMES. At any rate, while they are not ada ted to the navigation of the Atlantic ocean there are 2 or 3 of these vessels there the Mohongo and the Waterce; and these vessels are found to be well adapted, I believe. to the service there.
Mr. HENDRICKS. I am ladto hear that the Dept has not may c.8mistake in sending these vessels around to the Pacific coast. I supposed they were intended for the eree was not a good vesse. same sort. of service on the Pacific coast that I have been informed they were intended to perform on the Atlantic coast. I believe the Senfrom Iowa, who is very familiar with this entire subject, agrees with me that they are not suited for the rough sea of the Atlantic ocean.
Mr. CONNESS. The Senator will be kind enough to permit me to interrupt him one minute urther, so as to give him my whole statement of the case. 6 will remember that I stated that upon the arrival of the Wateree on our coast she had to be taken into dock and a very heavy expense I do not state the figures, for I have not got them, but those figures can be obtained at the Navy Dept a very heavy expense was entailed upon the Government by reason of the bad material used in her construction. That was the statement I made. That was the information I had from the N nvy Dept. I certainly did not, in what I an ertook to say, intend to reflect on the vessel at all, but to state facts that had come within my knowledge.
Mr. HENDRICKS. I do not intend, I will state to the Senfrom California, to give great weight to this particular case, and there ore I do not want to discuss it at great len th. I will says. word or 2 in reply to him. he Wateree was not intended for sea service. She was at upon the ocean and taken around to california. It took her a long time to go there. It is a matter of surprise to me that she ever got there, as she was not intended for that sort of service. She gets there; she is bruised and battered during the voyage; and then is placed upon the stocks and 18repaired at great expense.
Mr. CO1 NESS. I know the Senator will pardon me for interrupting him again.
Mr. HENDRICKS. I will ask the Senator to conclude what he has to say on this subject, and then I will make a remark or 2, and we will drop the subject of the Wateree. o
Mr. CONNESS. I give the floor to the Senator. I do not desire to intrude upon him.
Mr. HENDRICKS. Does the Senator wish to say anything further?
Mr. CONNESS. As the Senator has called my statement in regard to the Wateree in question, I thought it would be acceptable to him for me to make myself understood on that subject. The Suwanee, subsequently sent to the Pacific coast, is a double ener also, of the same class as the Wateree, and very nearly the same size. She went there in a great deal less time, performed better, and when she arrived there was in good order and condition. What I said strictly applied to the condition of the Wateree and her construction.
Mr. GRIMES. I oflbr as a substitute for the bill the following: That the SecyTreasury be directed to pay. out of any moneyin the Treasury nototherwiso appropriated, to the several parties the awards made in their favor by the naval bond O nized undorthe molution of the Senate adopted arch 9. 1865, the awardsbei made underdute of eccmber23, 1865 and reportni ifto the SecyNavy: Provided, The payments shall not in any case exceedtwolvo%on the contractprice. exceptin the case of the obs, in which casethe award shall be paid in
Mr. NYE. I desire to get this question settled in some way. If the Senate wish to post pone the question so that it shall come up tomorrow at one oclock, I will not object.
Mr. GRIM ES. It will be observed that the amendment I have proposed as a substitute to the bill that came from the committee, is to allow to each one of the contractors named in the award made by the naval officers 12%. of the amount of the contract. As stated to the Senate the other day, when this I subject was under consideration, I am as conse ious as anybody can be that there is a great deal of equity in many, probably in all, of those cases. These men, as has been said by, the Senfrom Indiana. entered into contracts with the Government. at a time when the necessities of the Government were very great. They necessarily extended through many months, and, in some instances, through one or 2 years. All the energies of these contractors were up lied to the execution of their contracts, and altheir wealth and the wealth of their friends, in many instances, was cm barked in the execution of their contracts. In the mean time the Government, with whom the contract was made, levies a duty not contemplated by the contractors at the time the contracts were made, on many articles nce essar for them to use in fulfilling their contracts. t also laid a direct tax on many things, and laid them 3 or 4 times on somethings that it was necessary for them to use in order to fulfill their contracts. lhen not only was there a call for the labor they had anticipated, and supposed they would be able to use in their ya s, but there was a conscription ordered, and in addition to that, we passe da law declaring that all mechanics and artisans who were employed by the U.S. in the navy yards shoultiynot be conscripted, while all the mechanics and artisans who were employed by these private contractors were subject to conscription; and hence, those who did not go voluntarily into the Army, in many instances, were induced to go into the Government navy yards in order to avoid conscription. “
Mr. JOHNSON. They were “ drafted" not conse rito(.” as we were told.
Mr. GRIMES. I will not stand on terms, the proper term may have been “drafted. Now, it though there may not be any legal claim upon the Government in such cases as these, it seems to me that these contractors present a very strong case in equity. I think that if I enter into a contract with the Senfrom Maryland to execute a piece of work, and he uses any means, having the power to do so, to enhance the price of the execution of that work, ifI could not enjoin him from doing so, at leastI could recover the excess that through his instrumentality I was compelled to pay. ldr. JOHNSON. Unless I had a right to do it.
Mr. GRIMES. It is a question of conse ience at any rate, if it is not a question of law. Now, the amount that I have proposed is 12%. Senators will observe by the table t rat is appended to the report of the committee that during the time that these contracts were being carried into execution, the enhancement in the prices of labor, and material was greatly in excess of that amount, from 75 to 100 or cent. I think. The difference between the proposition which I have proposod and the award of the board is the difference between about $1, 100,000 and $2, 230,000.
Mr. JOHNSON. 12%. would give $1, 100,000.
Mr. WADE. I move that the bill be postponed until tomorrow, and that the amendment O printed.
Mr. SUMNER. I send to the Chair an amendment which I wish to make to the proposition of the Senfrom Iowa, or to the original bill, either. It is the amendment relating to Donald McKay. Several Ssmrons. Let it be read.
The Secretary read as follows: It is a reduction Abife: That in the case of Don ald McKay, of Boston, Massachusetts.who built the Ashuclot and machinery, and Miles Grcenwuod. of Cincinnati, Ohio, who built the Tippecanoe, whose contractshave beencompletedto the satisfaction of the Dept and who were prevented from up peurinlr before the naval honrd, shall be entitled to the samerateof oompensationasis authorized to be paid to other parties buildin the sameclass of  vessels and machinery: and snc payment to be made to themout of an moneyin the Treasury not otherwise appropriate, under the su orvision and direction of the Secrctar of the nvy: Prlwulvfl, The evidence submitted orhis examination fully establishes the right of and parties to compensation. l
Mr. WADE. I move that these amendments be printed, and that the bill be postponed until tomorrow.
Mr. NYE. I move to strike out the word 12 ” and insert the word “ 15 " in the amendment of the Senfrom Iowa.
Mr. JOHNSON. That. will go over with the res.
The PRESIDING OFFICER, (Mr. Ponrmor in the chair.) The Senfrom Ohio moverithat the bill be postponed until tomorrow, and that the amendments be printed. The motion was agree to. WASHINGTON CANAL.
Mr. WADE. I move to take up Senate bill No. 190. The motion was agreed to; and the Senate, asin ComWhole, resumed the consideration of bill S.No. 190, to incorporate the DistCol Canal and Sewerage Company. The Secretary commenced to raid the bill.
Mr. WADE. This bill has been up before; I suppose it is not necessary to read any more than the amendments reported by the committee since its recommittal.
Mr. CLARK. I move to amend this amendment of the committee in the 49th line on page 4 by inserting after the word “ connection” the words “ or drainage;" so thatthe clause will read: Nor shall the said DistCol Canal and Sewerage Company make any charge or receive any compensationfor any connectionor drainage of sewers. The amendment to the amendment was agreed to.
Mr. CLARK. In line 51 I move to amend by inserting the word “low” before “ water;” so as to make it read, “ 70 feet wide at the low water line.” The amendment to the amendment was agreed to. The amendment, as amended, was agreed to. The next amendment was in section 3, line 5, before the word “require.” to insert “ shall." The amendment was agreed to. The next amendment was in line 6 of section 3, to strike out “that” and insert “the.” The amendment was agreed to. The next amendment was after the word “places, ” in line 11 of section 3, to strike out the words “ as the board of directors may deem properat such time.” The amendment was agreed to. The next amendment was in lines 16, 17, and ei dawn of section 3, to strike out the wor s “ or such amount thereof as said colorators shall deem sufficient to authorize ssi companyto commence said work, ” and in lieu of them to insert: and at least 20%. of the whole capital stock shall be subse ried before the said company shall be authorized to commencesaid work.
Mr. JOHNSON. I suggest to the member from Ohio whether he ought not to provide in addition to the provision which he has that thestock shall be subscribed, that it shall be paid in.
Mr. WADE. There is a provision for that further on. The amendment was agreed to.
Mr. CLARK. While we are on this section of the bill I think “ any, ” in line ten, before “plape, ” had better be stricken out and the word “ some" inserted; so that it will read: Books for subscription to the stock of said comppansyhsinhgatllonb.e opened at some place in the city of
Mr. WADE. I have no objection. The amendment was agree to.
Mr. JOHNSON. The member from Ohio said that a provision was in the bill that 20%. should be paid in, but that is not the provision; only 10% is to be paid in.
Mr. WADE. At the time of subscription ten or cent is to be aid in. Mr. JOHNSON. at that, is all they are under an obligation to pay before they begin the work. What I suggested was that before they began the work Siey should have 20%. paid in.
Mr. CLARK. They cannot call a meeting iintil 20%. has been paid, not even a meeting to organize. Look at pa c 7 and you will see “as soon as the aforesai 20%, ” 63c.
Mr. JOHNSON. What I think ought to be done I do not see that it is done by any provision 1 have yet observed is to require that "they should pay 20%. before they commence work.
Mr. CLARK. If the Senator will look to page 7 he will see.
Mr. WADE. It reads: As soonas the aforesaid 20%. on the whole capital stock shall have been subscribed as aforesaid, and thesaid eash payment of 10% shall have beenmado, the said corporators ora majority of them shall call a meeting of the stock olders, die
Mr. JOHNSON. Where is the provision that the other 10% shall be paid in?
Mr. WADE. I did not say that there was a provmion that the 20% shall be paid. 10% shall be paid; I supposed that was enough. It is a very large expense theyvare to be at.
Mr. WILLEY. I think there should be an smeadmentin the 17th line. There was an omission of the printer or draughtsman. After the word “notice, ” in the 17th line, I move to insert the words “ for anew election;” so that the clause will read, “and the president and directors, for the time being, shall give public notice for a new election in one or more of the news mpers published in the city of Washington, at least ten days previous to the exiration of.the time for which they were electe.”
Mr. WADE. That is right. The amendment to the amendment was agreed to.
Mr. CLARK. I think that the section had better be amended in line 23. There is a provision that a stockholder may depute any other stockholder to vote for him by prox. Why should he be confined to “any other stock holder?” Why not “any person?” It may be for his interest to select some one outside of the corporation when he cannot go himself. He should not be confined to a stockholder.
Mr. JOHNSON. It is not usual with us to allow others than stockholders to actas proxies.
Mr. wILLEY. In drafting the amendment I followed what was the usage as far as I was acquainted with the usage.
Mr. CLARK. I move to amend by striking out the words “any other stockholder, ” and inserting “another person.”
Mr. WILLEY. Simply add after “stock holder” the words “or otherperson;” that will be better.
Mr. CLARK. I will adopt the suggestion of the Senfrom WestVirginia, an move to add “or other person.”
Mr. SPRAGU. That seems to me a very singular amendment. Here is a stockliolders meeting in which it is proposed to introduce outsiders. It is something quite new to me in the organization of companies. I have never known "it to be done in any meeting I have attended.
Mr. CLARK. This section is for the election of directors after the corporation is organized.
Mr. CLARK. Here is a man the owner of stock; he is sick and unable to attend, and his son may be a very properperson for him to I have no objec depute to go. Shall be not have the privilege? He knows about his business. Must he send his proxy to somebody else who is a member of the corporation?
Mr. WILLEY. He need not send his son; he might make another stockholder his proxy.
Mr. CLARK. But he may instruct his son as to what he wants to do. His son may be in such intimate relations that he chooses to have him vote for him. He cannot instruct him in everything that may come up. There is no harm in it certainly. The amendment to the amendment was agreed to. The amendment, as amended, was adopted. The next amendment, was toinsert, after the section just inserted, the following: SEC.6. Abife: That the treasurer of the said company shall before he acts as such I give bond to the companyin such penalty and with such securit as the president and directors shall require, conditioned for the faithful dischargeof the duties and trusts committedto him The salaries of the officersof the and company shall be fixed by the board of directors. The amendment was agreed to. The next amendment was to add at this point: SEC.7. Abife:.That the sharesin said companyshall be declined personal and not real estate and shall be transfernh c in such manneras the board of directors shall prescribe, and the shares held by any indiVidual shall be liabl cto be attached or taken in execution by ficri{rivals to satisfy the debts due “from any such individual in like manner as other personal property may be. The amendment was agreed to. The next amendment was to insert after the amendment last adopted the following: SEC.8. Abife: That the said resident and directors and their sueccssors shall have full power to demandand receive of the stockholders in equal proportion. the remaining 4 fitths of the sharesofstock. from time to time.as they shall judge necessary: and if any oft hestockholders shall neglect or refuseto pay their proportions within one month after the sameshall have been required. the share or shares shall be forfeited: Provide, That notice shall be givenby advertisement in one or more of tho daily newspapers published in the city of Washington, for tonb days.dtohfo time when the same shall be required to a pm.
Mr. JOHNSON. I should like to know from the committee the exact meaning of this section. What do the mean by “the remaining 4/5ths of the s ares of stock?”
Mr. WILLEY. You will observe, by a preceding section, that they are required to pay 20%., which is one 5th, on subscribing. Then in order to at the 4 fihbs this section provides that rtehmeyainsihzfi pay it in the manner here prescribed.
Mr. JOHNSON. But it says “4/5ths of the shares, ” not “4/5ths of what is due on the shares."
Mr. CLARK. As I understand the section, it seems to me very objectionable indeed. As soon as 20% or 1/5th of the stock is subscribed, this cororation may proceed, and 10% is al that is to o paid in. Now, as understand it, this provision is that the gentlemen who subscribe the one 5th in the rst instance are to be liable to subscribe for the other 4/5ths by and by. That must be the clear me ning of it.
Mr. JOHNSON. That is what I supposed to be the meanin of it.
Mr. CLARK. It certainly should not be so. A man may be supposed in the 1st instance to take all the stock in the corporation he wants, and on that he is assessed 10%. But what is this section? That the said president and directors and their successors shall have full power to demand and receive of the stockholders. in equal proportion, the remaining 4/5ths of the sharesof stock.
Mr. JOHNSON. I rose for the purpose of inquiring whether that was the purpose. It requires any stockholder to take his proportion of the rest of the stock although he may not be willing to do it; and even if he was willing to do it, the effect of the provision is to secure the whole of this took to the persons who 1st subscribe, and to compel them to take it. That is not the object, I suppose.
Mr. CLARK. I supposed there was some misunderstanding in regard to it, for I certainly think the Senfrom Ohio would not have reported such a provision.
Mr. “ADE. I suppose if a man has subscribed for stock and paid in one 5th of it, if in one month after a demand is made upon him and he refuses to pay the balance he should forfeit the stock. Surely he cannot hold it forever. It is a very common provision. M
Mr. WILLEY. The object of this section is very plain, but perhaps not well espressed. I move, in order to meet the objections of senators, after the word “stock.” in the 4th line, to insert “ by them respectively subscribed.”.
Mr. CLARK. But I think that does not accomplish what the Senfrom Ohio under ltands by this section. As I understand it, one 5th is to be subscribed, and one 10th or 10%. of that is to be paid in. Now, you want a provision that the other 9 10ths which is to be paid shall be paid in on the stock subscribed.
Mr. WILLEY. That is the object of the section.
Mr. CLARK. The amendment which the Senfrom WestVirginia proposes would not accomplish that. I think, periaps, he had better pass this by, and somethingcan be framed to accomplish the purpose very readily.
Mr. JOHNSON. thad better be passed by for a time.
Mr. JOHNSON. I call the attention of the member from Ohio to what, perhaps, is a mistake in the designation of the chief justice. In the 22nd and tivent 3rd lines of the section, on page 11, he is designated as “the chiefjustice of the U.S. district court for the DistCol.” ] think it should be chief justice of the supreme court of the DistCol.
Mr. WADE. The supreme court of the DistCol it ought to be.
Mr. JOHNSON. “the district court, ” in the 23rd line, on page 11.
Mr. WADE. I move to amend the amendment in the 8th line by striking out “sev ent ” and inserting “ 82, ” so as to ma. c it read, “for the width of 82 feet.” 70 feet is exactly the width of the canal, leaving no chance fora tow path or anything of the ind; 82 feet is what the committee agreed upon. The amendment to the amendment was agreed to.
Mr. WADE. It oughtto be further amended so that they can build the canal and save rebuilding one bank, for which purpose I move to strike out the words “ through the center of said canal or channel and extended therefrom on either side 35 feet.” and insert “ any where between the banks of said canal, ” so as to leave them to make it between the old banks where they lease.
Mr. CLA tK. Lthink you had better look into that.
Mr. WADE. I see no objection tothis language, “to be determined by a line drawn any where between the banks of said canal, " so that they can use one bank or the other. By the language as it is now, they might have to build up from a line drawn through the middle, so as to be compelled to make 2 banks when they could use one bank to an advantage.
Mr. WILLEY. The previous part of the bill requires the canal to lie 70 feet wide at low water line. This clause as it now stands requires 35 feet on each side, which would only be 70 feet wide. That would leave no room at all for making a tow path. It ought to be wider, in order to give them the privilege of making a tow path. The language here is
The PRESIDING OFFICER. The amendment of the Senfrom Ohio is to strike out the words “through the center of said canal, or channel, and extended therefrom, on either side, 35 feet.” and in lieu thereof to insert, “anywhere between the banks of said canal." The amendment to the amendment was agreed to.
Mr. CLARK. I wish to call the attention of the Senfrom Ohio to that. I think he had better strike out a little more, “to be determined by a line drawn.” because I do not think there is any force in the language as it is now. I would say, “for the width of 82 feet, to be taken anywhere between to banks of the said canal;” because possibly by a line drawn anywhere between, you might run it. beyond the banks.
Mr. WADE. I believe it would mean the same thing, but perhaps that would be better exiesse d.
Mr. CLARK. I move so to amend the amendment. The amendment to the amendment was agreed to. The amendment. as amended, was agreed to. The next amendment was to insert at this point as a new section: SEC.17. Abife: That nothing in this not contained shall be held or deemed.in any manner or way.to injure or impair any public or rivute rights or interests or in any manner to a cot the sainc beyond the merotransfer of the rightsof the U.S. to saidDistCol anal and Sewerage Company. The amendment was agreed to. The next amendment was to insert after section [ 12 ] 18 the following as a new section: SE. 19. Abife: That the said companyshall permit all public property belongin to the U.S. to pass through said canal an se wer free of nll chnrge or toll; and the said coin pany shallJrom time to timc.asmny be required. lay cfore Congressa just and true account of their receipts and cspenditurcs.with a statement of the clear profits thereof. The amendment was agreed to.
Mr. WILLEY. I propose further to amend the bill by adding at the end of section 8een “ and that the same may be altered, amended, or repealed by Congress.”
Mr. CLARK. Put it at the end of section 20. I have drafted an amendment to strike out “and” in line 2 of section 20, and add at the end of the section, “and shall be subject to alteration or repeal;” so that the section will read: That this act shall be deemeda public act shall take effectand be in force from and after its passage, and shall besubject to alteration or repeal.
Mr. WILLEY. I accept that. The amendment was agreed to.
Mr. CLARK. I will now move to amend the amendment of the committee in section 8, line 4, by striki out the words “ the remaining 4/5ths of s ares of stock” and inserting “and” in place thereof; so that it will read, “that the said president and directors, and their succesSors, shall have full power to demand and receive of the stockholders, in equal proportion, and from time to time as they shall judge necessary;” and then to insert after “necessary” the words “such sums as may remain unpaid on any shares of stock subscribed;” so that the clause will read: That the said president and directors and the successors shall have full power to demandand receive of the stockholders in actual proportion and from time to time. as they shall Judge necessary.such sumsas may remain unpaid on my share: of stock. The amendment to the amendment was agreed to; and the amendment of the committee, as amended, was adopted.
Mr. WILLEY. I move to amend the 2nd section, in line 36, by striking out the words “or near” and inserting “itster minus in;" so that the clause will read and thenceto the Chesapeake and Ohio canal at its terminus in Georgetown. The amendment was agreed to.
Mr. JOHNSON. The amendment which the Senate have ado dut die instance of the Senfrom NewHampshire, in the 8th section, still leaves an provided for, as I think, the manner in which the 4/5ths of the stock not subscribed at 1st shall be thereafter subscribed. If it is left without a provision of that sort the president and directors may by bylaw make that provision. If they can give the right exclusively to the then subscribers the are not required to open the books again as {understand
Mr. JOHNSON. I have some reason to believe that the stock will be very valuable, at least that is the impression of those who profess to have some knowledge on the subject. I have none of my own, of course; but if the stock is to be ver valuable
Mr. WADE. have no objection to that being changed if it is thought necessary to change it. For m selfl was looking much more to the public interest than I was to the private interest.
Mr. JOHNSON. I have no doubt about that. I only suggest to my friendfrom Ohio that perhaps it would be as well to provide that the books shall be opened again unless all the stock is taken at the beginning.
Mr. WADE. What amendment would the Senatowiro use to accomplish that?
Mr. IL EY. Has the Senfrom maryland adverted to the provision in the 3rd section, line 15, “and said books shall be kept open until the whole amount of said stock shall be subscribed?”
Mr. JOHNSON. That willdo. I was only asking if there was a provision on the subject.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. PROTECTION OF U.S. OFFICERS.
Mr. CLARK. I move to take up for consideration House bill No. 238, to amend an act entitled “An act in relation to habeascorpus and regulating judicial proceedings in certain cases.”
Mr. CLARK. I want to get up this bill and then I have no objection to an adjournment. I want the bill up to adjourn on it. The motion to take up the bill was agreed to. EXECUTIVE SESSION.
Mr. WILSON. I move that the Senate proceed to the consideration of executive usiness.
Mr. HENDRICKS. I move that the senate adjourn.
Mr. WILSON. It will take but a moment to do what I want; I desire to have some exec ntive messages referred. The motion Was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. MONDAY, April 16, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYHTON. The Journal of Saturday last was read and approved. ORDER or BUSINESS.
The SPEAKER. This being Monday, the 1st. business in order is the call of States, commencing with the State of Maine, for the intro duction of bills and JtResolutions, to be referred to appropriate committees, and notto be brought back y a motion to reconsider. APPORTIONMENT OF REPRESENTATIVES.
Mr. HILL introduced a JtResolution proposin an amendment to the Constitution of the U.S. to apportion Representatives according to the number of voters in the several States; which was read a 1st and 2nd time, referred to the JtComReconstruction, and ordered to be printed. PAYMENT OF NEWYORK MILITIA.
Mr. WARD introduced a bill providin the means for the payment of the militia of the State of NewYork for their service in the war of 1812 which was read a 1st and 2nd time, Ordered to be printed, and referred to the ComAppropriat. CATHAIHINE WELSH.R. COOK introduced a bill for the relief of Catharine Welsh; which was read a 1st and 2nd time and referred to the ComMilAffrs. RECORDING or DEEDS.
Mr. WILSON, of Iowa, introduced a bill authorizing non-residents to have deeds recorded in the office of the clerk of the U.S. district and circuit courts, &c.; which was read a 1st and 2nd time, and referred to the ComJudiciary. NIAGARA FA LLB SHIP CANAL.
Mr. PAINE introduced a bill to provide for the transportation of vessels around the falls of Niagara; which was read a 1st and 2nd time, and referred to the ComRds&canals. GRANT OF LANDS to MINNESOTA.
Mr. DONNELLY introduced a bill making a rant of lands to the State of Minnesota to in in the construction of the Hastings, minnesota River, and Red River of the North railroad; which was read a 1st and 2nd time, and referred to the ComPubLands. NEBRASKA PENITENTIARY.
Mr. HITCHCOCK introduced a bill to provide for the creation of a penitentiary in the Territory of Nebraska; which was read a 1st and 2nd time, and referred to the ComTerritor. REMOVAL or SURVEYOB GENERALs OFFICE.
Mr. HITCHCOCK also introduced a bill to remove the office of surveyor general of the States of Iowa and Wisconsin to Plattsuionth, Nebraska; which was read a 1st and 2nd time, and referred to the ComPublic nds. ELECTION or MEMBERS or CONGRESS.
Mr. JENCKES introduced the followmg jomt resolution: IJtResolutionrelating to the passage of a lawmaking regulations for the mode of electing members of Congress. Resolved(ii the Senate and HoRep of the U.S.A. in congress assembled That it is expedient or Congress to amuse t power granted in sectionfour article 1. of the (institution for making rogu aliens concqrninp the times. places and manner of holding elections or Sens&Repsby general statute. With a view to prevent the recurrence of contested electioncases in either llouse arising out of elections conducted under State laws; and alsoWith a viewofse curing the election of members of Congress by loyal constituen oies. Iienoloedfurlher.That as means toward the attainment of such results in the election of membersof the HoRep. it is espediont to include among such rules and resolutions in substancethe follomng: 1. A reistration of all the electorsin eachdistrict. having the qualifications requisite for electors of the most numerous branch of the State Legislature in the State in which such district is situated. 2. A provision that such elections shall be conducted indo cadantly of the State elections.under the direction O officers whose mode of apeiointment and whose duties shall be defined in sun statute: and that such elections shall be held on the same day in each district in the U.S. 3. A requirement that at such elections those registered electors only shall be permitted to vote who shall have proved.in manner to be nrqvided in the regulations.their constant and continuing loyalty to the Government of the U.S. Provisions prescribing the conditions upon which those who were excluded for disloyalty may be readmitted to their right of suffrage forinembomof congressat such election at some future period. The JtResolution was read a 1st and 2nd time, ordered to be printed, and referred to the ComReconstruction. LIEUTENANT A. ll. PEARL.
Mr. BUCKLAND introduced a JtResolution for the relief of Lieutenant A. Ll. Pearl; which was read a 1st and 2nd time and referred to the ComMilAffrs. DISTRIBUTION OI STATE PAPERS.
Mr. HAYES introduced a JtResolution to authorize the distribution of a portion of the surplus copies of the American State Papers in the custo y of the SecyInterior which was read a 1st and 2nd time, an referred to the JtcomLibrary. LIBRARY OF CONGRESS.
Mr. HAYES also introduced a JtResolution extending the privileges of the Libra of Congress to certain officers of the UniStates; which was read a 1st and 2nd time and referred to the JtcomLibrary.
The SPEAKER next proceeded to call the States for resolutions, commencing with the State of Ohio. FRAUDUIJENT CLAIM AGENTS
Mr. HAYES submitted the following resolution; which was read, conSidered, and agreed to: Resolved.That the ComMilAtlsirs be instructed to inquire into the expediency of rovi diiic by law for punishing.by imprisonment or otherwise. any persons woas agent or attorney shall colloct from the Government money due to oflioars. soldiers or sailors or to their widowsor orphans.for services in the Arm or Navy or for pensions or bountios and who all fraudulently convert the same to his own use; and to report by bill or otherwise. Mr. HAYES mtRtv the resolution was adopted; upon the table. Agreed to. EXEMPTION PROM TAXATION.
Mr. PLANTS submitted a JtResolution of the State of Ohio relative to exemption from taxation; which was ordered to be printed, and referred to the ComWays&Means. Wlltl TRIAL.
Mr. GARFIELD submitted the followin resolution; which was read, considered, an agreed to: Resolved. That the SecyWar he requested to have preplaredfor publication the roccedingsof the trial of anry Win. in which shal be embraced. as nearly as practicable in the languageof the witnesses.a summary of the testlmon given and the decisions, findings and sentenceof the court. to 00.]!!! with the address of the Judge Advocate an that madein defenseof the prisoner.
Mr. GARFIELD mtRtv the resolution was adopted; upon the table. Agreed to. NCAROLINA UNION SOLDIERS.
Mr. SCHENCK submitted the following resolution, and demanded the previous question: Resolved. That the SecyWar bedirooted to communicateto this 1 casearoport of the Judge advocate General and s uch otherinformation as may bedrawn] or on tile in his Dept non-the subject which will show what are the facts in the case and ivhutstcps have been taken to bring to justioo an plnuimonslsimolednietrtshbeemlounrgdienrgetrostohfetfihrosttaonlldowseinego nndarmes t mouts of NCarolina loyal infantry. alleged to have beentried and executedby ordersof the rebel Generals Pickett snd lloko. underthepretext ofthoil beingdese rtersfrom the confederate service.namely: Jesso Suinmercll.Hardy Doughertyfiteplien Jones. DaVidJones. William Haddock. John Free man John Brock. sergheaiitJoseph Fuleher, Willinni D. Jones. Charles. but eroll. Kellum. Mitchel Busick. Louis Free man, Joseph Haskett. William Irvine, Aniol Aymctt. Stephen11. Jones and J. J. Brock.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was adopted. Mr. SCHENCK mtRtv the resolution was agreed to; on the table. Agreed to. MEXICO.
Mr. McKEE submitted the following resolution; which was read, considered, and agreed to: Resolved.That the President be requesml to communicute to this House, it in his opinion not incon sistent with the public interest.any correspondence with the French Government in regard to the with drawal of its forces from Mexico. which may have been xchauged since the correspondencecommu nicat to the House with the Presidents memage of January 5. 1866; whether that correspondencehas been iublished by the French Government.among the O cm] documents communicatedto the French Chambersor not and specially any correspondence in regard to any spec o remiss from the French Emperor to put a stop to is procepding sin our sis tampubhe of Mexico and discontinue imperialism annulus r or run RULES.R. PAIN E offered the following resolution, md demanded the previous question: Resolved.That. the ComRules be instructed to inquire intoandreport u on.the expediency of providing by amendment of the rules, that when the lloiise s vo under consideration a bill or fo 0lull0n which shall have beenreturned by the President with his objections to the House in which it originated. neither the motion to layon the table no:l the motion to postpone indefinitely shall e In order.
Mr. DAVIS. I objec ifobjection isine rder.
Skip Skip The SPEAKER. the resolution is introduced under the regular call of the States. On. seccading the demand for the previouse ation, no quorum voted. The SPEAKER ordered tellers; and up pointed Messrs. Pun: and Dans. The House divided; and the tellers reported “yes 60, noes 41. the previousquestion was 2nded. Mr. ELDRIDG. I move to lay the reso;lution on the table. The question was put; and there were ayes Mhnoes 49. Mr. FINCK. I demand the yeas&nays. The yeas&nays were ordered. The question being taken, it was decided in the negative yea: 45, nays 57, not voting 81; So the resolution was not laid on the table. The main question was then ordered, and the resolution was agreed to. Mr. PAINE mtRtv the resolution was agreed to; upon the table. Agreed to. EIGHT HOUR SYSTEM.
Mr. ingERSOLL offered the following preamble and resolution: When” it one of the paramount duties of all leuislative U to lighten as much as possiblethe burdens upon the laboring classes and promote the tuners! welfare: Therefore. Beuycoolued thymineR ptiueq. That the ComDistCol be instructed to inquire into the expediency of establishing by law the 8 hour system as it is called. as constituting ads! I work in the DistCol and that mid committee be authorised to report y bill or at any time.
Mr. WASHBUBNE of Illinois. I object to the committee being allowed to report “ at an time.”
Mr. FARNSWORTH. I move to amend by inserting 6 hours and a half instead of 8. if that is in order.
Mr. ingERSOLL. If the gentleman includes himself among the laboring classes I will accept the amendment; if he does not I do not accept it.
Mr. WILSON, of Iowa. I would inquire whether the resolution embraces laborers in the employ of the Government.
Mr. NGERSOLL. It includes everybody so far as this city is concerned.
Mr. WILSO of Iowa. So far as the employees of the Government are concerned, the ComJudiciary have agreed upon a report.
Mr. INGERSOLL. I am aware of that. This resolution goes further than the one that is before that committee. It proposes to establish the system by law for the laboring classes in this District.
Mr. STEVENS. I would inquire whether if they work 9 hours there is any penalty.
Skip Skip. I demand the previous question. The question being put on secouding the demand for the previous question, no quorum voted. The SPEAKER ordered tellers; and appointed Messrs. MOCULLOUGH and lse sasonu. The House divided; and the tellers reportedayes35, noes 47; no quorum voting. Several Mminnns. Withdraw it.
Mr. INGERSOLL. I do not propose to withdraw it. I move a call of the House. I want a quorum here.
The SPEAKER. There is evidentlya quo rum present.
Mr. INGERSOLL. You cannot prove it by me. [Laughter] I demand the yeas&nays. The yeas&nays were not ordered. The call of the House was refused.
Mr. WILSON, of Iowa. I ask that the Chair count the House so as to ascertain if there is a quorum resent.
The SPEAKEI counted the House and announced that there were 111 members present.
Mr. BUYER. I rise to a privileged question.
The SPEAKER. That cannot interrupt the mornin hour on Monday.
Skip Skip Mr. RANDEGEE. I be e the tellers will be required to resume their places. Mr. FARNSWORTH. s it in order to move to lay the resolution of my colleague upon the ta is? The SPEAKER. It is in order. Mr. FARNSWORTH. Then I make that motion.Mr. INGERSOLL. I demand.the ycas&nays on that motion, and call for tellers on the ycas&nays. Tellers were ordered; and Messrs. Isssnsou and DEMING were a pointed. The House divide; and the tellers reported ayes 24, noes not counted. So the ycas&nays were ordered. The question was taken; and it was decided in the no aLive yeas 15, nays 92, not voting 76; So the House refused to lay the resolution upon the table. During the roll call, Mr. LONGYEAR said: Mr. Dawes is ab sent in consequence of illness. Mr. HOGAN said: My colleague, Mr. NOELL, is absent in consequence of sickness. I presume he would vote “no” if here. Mr. ELDRIDGE said: I desire tosay that Mr. Li: Bsovn is paired for 2 weeks with Mr. Cannon. Mr. SHANKLIN said: I desire to state that my colleague Mr. TRIMBLE, is aired for 2 weeks from lfriday last with Mr. ALLEY, of sachusetts. he result of the vote having been announced as above recorded,
The SPEAKER stated that the morning hour having expired, the resolution would go over until next Monday.
Mr. WENTWORTH. I move to proceed to the business on the Speakers table. The motion was agreed to. SALE OF LIQUORS IN THE CAPITOL. The House accordingly proceeded to the consideration, as the 1stdiusiness on the S cakers table, of the amendments of the ease, disagreed to by the Senate, to the concurrent resolution prohibiting the sale of spiritnons and other liquors in the Capitol buil ng and grounds. The action of the Senate on said amendments was read, as follows: IN Senate, April 13.1866. Resolved That the Senate disagreeto the amendmentsof the HoRep to the fore going resolution.
Mr. WENTWORTH. I move thatthe House insist on its amendments and ask a committee of conference on the disagreeing votes of the 2 Houses, and on that motion I move the previous question. as there are a large number of gentlemen here who have business to bring forward.
Mr. NIBLACK. I hope the Gentfrom Illinois will withdraw his demand for the previous question until I can make a single suggestion.
Mr. WENTWORTH. I must decline to do so as there are many gentlemen here who have business to resent.
Skip Skip The previous question was 2nded. Upon ordering the main question there were. upon a division ayes 51, noes 18; no quorum voting. Tellers were ordered; and Messrs. WENT wonrn and ELDRIDGE were appointed. The House again divided; and the tellers reported ayes 63, noes not counted. So the main question was ordered. The question was upon the motion of hit. Wsurwoarn that the House insist upon its amendments to the concurrent resolution, and ask fora committee of conference; and being taken, it was agreed to. Mr. WENTWORTH mtRtv just taken; on the table. Agreed to. The SPEAKER subsequently appomted Messrs. Wssrwonm, Poles, and RANDALL of Pennsylvania. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that they had examined and found truly enrolled bills of ill. House of the following titles; when the Speaker signed the same:. An act (H.R.No. 122) making appropriations for the naval service for the year ending 30th of lune. 1867; An act (H.R.No. 218) for the relief of Charles Youly; An act (H.R.No. 264) granting a pension to Mrs. Altazera L. Willcox. of Chenango county, in the State of NewYork; An not (H.R.No. 266) granting a pension to Mrs. Isabella Fogg, of the State of Maine; An act (H.R.No. 267) granting apension to Virginia K. V. Moore; An act (H.R.No. 268) for the relief of Albert Nevins; An not (H.R.No. 443) grantin a pension to Mrs. Elizabeth York, widowof s ubal York, late a surgeon in the 50dourth regiment llli nois infantry volunteers; An not (H.R.No. 444) granting a pension to Lewis W. Dietrich; and An act (H.R.No. 446) for the reliefof Nich olas Hsbner, late a private in the 6th regiment MissouriState militia. WASHINGTON DAILY CHRONICLE.
Mr. STEVENS. I ask unanimous consent to submit the followmg resolution for action at this time: Whereas it is important that our legations abroad should be kept truly advisedof the state of the country: Therefore. Be it resolvedbuthe House. (the Sennteconcurring ) That the Clerk of the House be directed to furnish 3 copiesof the Morning Chronicle to eachof our foreign legations.consular agents and commercial agents.for the useoisnid legationsand attaches and thnt he ay for the same out of the contingent fund of the case.
Mr. STEVENS. I move to suspend the rules to enable me to submit this resolution at this time.
Mr. ROSS. I call the yeas&nays upon the motion to suspend the rules.
Mr. HALE. I rise to a point of order. My point of order is this: that a transaction of this kind, appropriating the contingent fund of the House to a purpose entirely outside of the organization and duties of the House, is out of order.
The SPEAKER. The Chair overrules the int of order. In the appropriation bills there is a sum set apart for the contingent expenses of the House. It is for the House to determine by their votes how that contingent fund shall be distributed, not for the Chair.
Mr. HALE. My point of order is that the House can only appropriate that fund to expenses which properly pertain to the duties and business of the House.
The SPEAKER. That is a matter of argument and goes to the votes of the members of the House. It is not for the Chair to decide.
Mr. STEVENS. This is for the business of the House. There is an attempt made in some quarter to smother up in the country a knowl edge of what the House is doing; and this is for the purpose of giving publicity to the business of the House.
The SPEAKER. The motion to suspend the rules is not debatable.
Mr. ROGERS. I rise to a point of order: that this makes an appropriation, and should go to the ComWhole.
The SPEAKER. Appropriation bills must goto the Committee of t ie hole. This is not an appropriation bill, but merely a resolution directing the distribution of a portion of a fund already appropriated. The question was upon suspending the rules. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 60, nays 44, not voting 79; So the rules were not suspended, 2/3rds not voting in the affirmative. PAY or NAVAL OFFICERS.
Mr. ROGERS, by unanimous consent, presented JtResolutions of the Legislature of NewJersey asking an increase of the pay of naval officers; which were referred to the ComNavAffrs, and ordered to be printed. PRINTING of TESTIMONY.
Mr. BOUTWELL. From the JtComReconstruction, I report additional testimony relative to the States of Alabama, Geor gia, Mississippi, and Arkansas. I move that of this testimony there be printed the same number of copies as of the testimony previously reported.
The SPEAKER. That motion will be referred, under the rule, to the ComPrintg. PORTAOE and SUPERIOR RAILROAD.
Mr. ELDRIDGE, by unanimous consent, presented JtResolutions of the Legislature of Wisconsin, instructing the Sens&Reps from that State to use their en covers to procure the necessary legislation to change the route of the land grant road from Portageto Superior; which were referred to the ComPubLands, and ordered to be printed.
Mr. COBB, by unanimous consent, presented JtResolutions of the Legislature of Wise on sin. relating to the construction of the Portage and Superior railroad; which were referred to the ComPubLands, and ordered to be printed.
Skip Skip LEAVE or ABSENCE. Mr. PRICE, by unanimous consent, asked leave of absence for Mr. GRXNNELL for one week. Leave was granted. Mr. SHANKLIN, by unanimous consent, asked leave of absence for Mr. TRIMBLE until next Friday week. Leave was granted. confiscation OF LANDS.
Mr. FARNSWORTH, by unanimous consent, presented the following resolution; which was read, considered, and agreed to: Resolved.That the ComJudiciary be instructedto inquire whether any and what action is accessoryto confiscatethe titles to landswhich were purchase dby the late confederate States and used for prison campsand other purposes. PERSONAL EXPLANATION.
Mr. WHALEY (having obtained unanimous consent to make a personal explanation) said: Mr. Speaker, I regret exceedingly that for the 1st time since I took m seat on this floor, in July, 1861, I have than it due to myself and my friends to rise to makea personal exlanation. I wish to call the attention of the House to on article from the Cincinnati Gazette of April 7. I ask the Clerk to read that article, in connection with the heading of the paper, so as to show distinctly what it is.
The Clerk read. as follows: O “Cincinnati Daily Gazette. Othee.GazetteBuilding. northeast corner of 4th and Vine streets. Saturday. April 7. 1866. "A very laughable incident occurred last weekin Conercu. An account.submittedby the Committee on Agriculturc.contained a large numberof expend. ictluorse insg charged to variousmembersof the committee. with considerable charged up to did. Mr. llunsAiin objected and said he did not know who Mr. Et Al was. but supposedhe was some friend of the ComrAg.orof the commit tecmun from WestVirginia.
Mr. WHALRY. This sully brought down the Ifhuse in roars of laughter, and sorely disturbed Wanner. who begged the floor for an exlanotion. He is a rather ignorant man, and took the matter seriously and therefore protested that Mr. Et Al was none of his appointments.“ he had recommendedonly soldiers or their families. The effectupon the House may be imagined."
Mr. SPALDING. Will the Gentfrom WestVirginia yield to me for a moment?
Skip Skip LEAVE or ABSENCE GRANTED. Mr. HOLMES moved that leave of absence be ranted to his colleague, Mr. Horcuiuss. he motion was agree to. nAsuiiupr LAW.
Mr. ROGERS. Iask the Gentfrom Ohio to yield to me for 3 minutes.
Mr. SCHENCK. I yield to the gentleman for that time.
Mr. ROGERS. I ask the Clerk to read an extract from the NewYork Times.
The Clerk read, as follows: "BASHUPT Brass The statement in the corFpondence of the Herald that Mr. CONKLIKG, o f NewYork. had. upon the deteat ot Mr. Jizxottrs s bankrupt bill. introduced another which cannot be IUne“ to pieces and which is as near perfectas the czal acumen of the 1st lawyers in Conness can make it. doesMr. Jsse tt ESgrossinjusticc.iuasmuch as the bl" in question is a verbatimcopy of the one introduced and advocatedhr MnJnse xss and which was bitterly opposed by Mr. COIKLNG. He now takes, Mr. Iltse xsss bill and introduces it as his DWD.
Mr. ROGERS. Mr. Speaker, my object in rising is to s tthe honorable Gentfrom NewYork [.Mr. Coxsmvol right in regard to this transaction. The offeringofn new bill by him was more at my suggestion than perhaps at that of another person. I consulted with the honornhlh Gentfrom RhdIsland, [Mr. HEXCKESJ after his bill was defeated, in order that he might get up another bill before the House. He proposed to me I should offer the bill, but. as was on the weaker side of the House, I thought it best not to do so. I went to the Gentfrom NewYork and asked him to offer a bill of the same character to be referred and amended in such manner as to meet the objections which had been stated in the debate by some gentlemen who were disposed to vote for such a measure. It was manifest to me a bill drawn with different machinery would meet the views of gentlemen on the other side who refused to vote for the bill which had been pending. It was through no disconrtesy to the Gentfrom RhdIsland that it was proposed to submit another bll to be referred to the committee. He suggested. in the 1st place, I should offer the bill and as l have sai. I induced the Gentfrom NewYork to offer it. I went to him as he was known as an able lawyer and had taken an interest in the matter. I make this explanation, not for the purpose of relieving myself from responsibility or I. am not ashamed of my vote for the bill. I have considered the subject and think a bankrupt law necessary. So does the Gentfrom NewYork, [Mr. COXKIJSO and it was a mere matter of courtesy, and nothing else, toward myself and other members who urged him to offer the bill, that he did olfer it. not intending in any way to take away any of the prestige which beloned to the gentleman who introduced the bil and when the bill is returned the chairman of the present committee will have control of it the same as fore.
Mr. GRINNELL. I would inquire if we have the gentleman for an ally on this bill. [Laughter ]
The SPEAKER. The Chair will state he has always given information to gentlemen in regard to parliamentary questions when they have asked it. as is his duty and that after the rejection of the bankrupt bill the Gentfrom NewJersey. [.Mr. Rootns] and some other gentlemen. asked him how it could again be brought up and the Chair stated that the committee would be revived by the introduction of a new bill.
Mr. CONKLING. Before the regularorder proceedsl begto express my obligations to the Gentfrom NewJersey [Mr. Rooms] for making this statement. An act of justice or of public courtesy from a political opponent is always rather a refreshing episode in the mo notony and asperities of politics and none the less so when induced by the malice of those who do not hold themselves as open adversa nes. As I am on my feet Iwill add that I have satisfied myself that the somewhat malicious and indeed venomous. paragraph from the NewYork Times which has been read. was not originated and tele phed to that paperby its avowed or ostensible Washington correspond ent. From an acquaintance of some length with one of those oorrespondenta I should be and I am glad. as attention has i been called to the matter, [0 be able“. speaking upon my belief. to exonerate the regular Washiington correspondents of the Times from all part in originating the groundless imputation which the House has heard read.
Mr. JENCliES. Will the chairman of the ComMilAffrs {Mr. SCHEXCK] allow me simply to say that I believe the fact to he as stated by the Gentfrom NewJersey, [Mr. Rooms, and conlirmed by the Gentfrom NewYork, [Mr. Cassatsef] Vhen the act was done I happened to be absent from the House, and the gentleman explained to me immediately afterward the reason why it was done, for which he then received my thanks and now does. I never saw this paragraph until this morning. I had no connection whatever with it. eifther with the originating or the publishing O it.
Mr. RAYMOND. Mr. Speaker.I rise neither to make a disclaimer nor an admission. I rise simply in consequence of the somewhat peculiar language which my colleague saw fit to apply to a )aragraph which he says was in the NewYork imes. This is the lirst time, so far as I know, that that paperhas been brought into this controversy. The paragraph read at the Clerks desk was, as I understood, from another paper. The gent emnn says that a paragraph some what peculiar and venomous in language appeare in the NewYork Times, and he acquitted 2 gentlemen of the responsibility for not paragraph. Whether these gentlemen are obliged to him for his volunteer acquittal is their concern, not mine. I did not know but that from some peculiarity in the gentlemans manner and emphasis he meant to throw the responsibility of what he styled the peculiar venom of the paragraph upon me as the known editor of that paper. When he will be more plain and expltcit upon that point, I shall be glad to make such an answer as the case will permit.
Mr. CONKLING. I will make what I say explicit. I ask the Gentfrom NewJer sey [Mr. Rooms] whether I am right in stating t not the paragraph just read at the Clerks desk was read from the NewYork Times.
Mr. ROGERS. Yes, sir; from the Times of April 13.
Mr. CONKLING. That is explicit as to that. Repeating that I believe the regular correspond cuts are blameless, I now ask my colleague [Mr. RAYMOND] if he sees or feels anything in the matter as it stands before the House which calls upon him to admit or to deny having tel egraphed or inspired a libel upon one of his colleagues. If he did it, I do not know the fact, but [repeat that l have reason to believe that neither of the ordinary correspondents of his pay or did it. I believe I have been sufficient y eitplicit now for the present.
Mr. RAYMOND. I do not feel disposed to disclaim or admit anything on the strengthof such an appeal as the gentleman has seen fit to make; merely upon the strength of that appeal I shall not admit or disclaitn anything to him in this matter. I had not seen this par agraph or heard it read until this moment. I supposed when it was read from the Clerks des that it was from the NewYork Herald. as that was the name of the paperl understood the Gentfrom NewJersey [Mr. Rooms] tomention. I paid very little attention to it. Ifl can see the paper, of courseif thereis anything to be said about it, I am ready to say it here or elsewhere. All that I know about the matter is that I was infored immediately after the gentleman introduceg the bill, by another gentleman who was more concerned in the bill than he himself was or than I was. that after killing that bill he had reintroduced it in precisely the same form. I presume I repeated that fact to severalpersons. I do not remember whether I repeated it to any correspondent of my own newspaperorofany other. I understood thatto be thsfact; l surprised had he thusdefamed any member of.i l repeated nothing more than that fact, and I, this House. had it from authority which my colleague would not question ordispule fora moment. If there was anything "venomous" in that act l suppose he is Welcome to the circumstance. I can only say that I never had any feeling against him in regard to that matter or an other. Ihavenever expressed itin correspondonce, or, so far as I am aware, in conversation. As the paragraph is not before me I do not feel called upon to say anything more on the subject.
Mr. RAYMOND. I am not quite content to leave it just there. The remarks about appealing to me now to disclaim related to tie manner rather than to the fact. The gentleman did not see fit, in any way which Itiought I could with propriety notice, to say or intimate that I was responsible for that paragraph. The only reason that I alluded to it at all was because of some intimation in his manner and tone that he, perhaps, looked on me as responsible for the paragraph. That was the reason I declined to explain or make any explanation on that particular oint. I think now he has made the matter of is own feeling in this case a little more manifest than it was at 1st and I beg now to say, as I said before, that I am in no sense responsible for that paragraph, except that in conversation with others I may possibly have made myself responsible for the facts stated in it, namely, that the gentleman, having opposed the bill before the House at that time, and contributedto its defeat, immediately reintroduced the same bill. That is a fact that he himself admits and in the absence of any explanation on his part, I begleave to say to him that it gives rise to a certain construction which may or not be venomous, but is certainly not complimentary to the one that does it. Now, I put no such construction upon it; but Itake the berty of saying here that I know others did place that construction upon it. The explanation of the gentleman of the way in which the bill was reintroduced and the motives that led him to reintroduce it is perfectly satisfactory to all persons, I suppose, as it seemed to be to the gentleman who was the author of this bill, [Mr. J amass] With that explanation the matter is clear now; without it submit to him that it was not clear before.
Mr. CONKLING. Does the gentleman know that the bill that was reintroduced was the identical bill reported from the committee?
Mr. RAYMOND. I do not know that fact. But, as I said before, I was assured by a member that it was the same bill verbatim, ct litera tim, at punctuatim.
Mr. CONKLING. I do not know how the fact is, either and I repeat that the bill was sent or broughtto me by the Gentfrom NewJersey, iMr. from 3] as it turns out, or rather I thin 2 bills were brought to me, one of which I sent to the Clerks desk, and the otherireturned, withoutlookinginto either.
Mr. RAYMOND. With that explanation, as I said before, it is entirely satisfactory.
Mr. ROSS. I demand the regular order of business.,
The SPEAKER. The 1st business in order is the consideration of the bill for the reorganization of the Army. CONTINGENT EXPENSES OF NAVY DEPT.
The SPEAKER laid before the House a communication from the SecyNov, Bubmittin adetailed statemento the expenditures of the contingent fund of that Dept for the year ending June 80, 1865, agree ably to the act of Congress of August 26, 1842; which was laid upon the table, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced that the Senate had agreed to the report of the committee of conference on the bill (H.R.No. 184) entitled “An act to authorize the sale of marine hos pitals and of revenue cutters." The message also announced that the Senate had asse d, without amendment, the bill (H.R. o. 25) entitled “An act for the relief of Thomas Hurly.” The message also communicated the following extract from the Journal of the Senate: In SENATEor U.S., April 16.1866. Resolved That the Secretary he directed to reuest the HoRep to return to the cenato a bill of the vase(ll. It. No. 458) grantin a pension to Sarah E. Pit hell, which waspostpon Inkehnitoly on the 13thinstant. Attest: J. W. FORNEY, Secretary. RAILROAD TO THE PACIFIC.
Mr. PRICE, by unanimous consent, from the ComPacificRR, reported back, with certain amendments, a bill (b. No. 20) entitled “An act granting lands to aid in the construction of a railroad and telegraph line from the States of Missouriand Arkansas to the Pacific coast, ” and moved that the same be recommitted, and be ordered to be printed. The motion was agreedl o.
Mr. WASHBURNE, of Illinois, mtRtv the bill was recommitted; on the table. Agreed to. REORGANIZATION OF THE ARMY. Agreeably to order, the House resumed the consideration of the bill (H.R.No. 361) entitled “An act to reorganize and establish the Army of the U.S. ” The pending question was upon the motion of
Mr. HALE, to insert after the word “lieu tenants, ” in the 12th line of the 3rd section, the following: and that after the original vacancies are filled. enlisted men of the regular Army who shall have served at least 6 months shall in like manner be eligible to appointment as 2ndlieutenants.
Mr. SCHENCK. I suggest to the Gentfrom NewYork [Mr. HALE] the propriety of inserting in his amendment the words “one year" instead of “six months, ” in order to prevent an abuse, by which men without proper claims may be enlisted for the Very purpose of getting commissions, an abuse which has ire vailed to some extent, and for which a oor oughtnot to be O ened.
Mr. HALE. see no objection to that. I modify m amendment in that we.
Mr. PX NE. I desire to may O a suggestion to the Gentfrom NewYork, which I think will improve his amendment, and will, I believe, meet his a proval. My reposition is that enlisted men should be eligib c. to 2nd lieutenancies after one years service, as suggested by the Gentfrom Ohio, in the regiments in which they are serving, and not in other regiments. The language of the amendmentus it now stands would allow an enlisted man of one regiment to be enlisted in another. I
Mr. HALE. I do not see the objection to allowin these men to be transferred. I understand that this corresponds with the ordinary practice of the Dept. It is deemed lietter, I believe, that when appointments are made the appointees should be transferred to new re iments in which they have not served.
Mr. AINE. With regard to the general rule the gentleman is right, but ifhe will consider the effect of that rule as applied to this case he will seethat it ought not to be adopted. Now, there are 6 new regiments of cavalry for which we are now providing; but there are in the A rmy 55 regiment s of infantry and 6 regiments of artillery in addition to 12 regiments of cavalry. Now, the rule which be proposes will allow enlisted men from all those regiments to be commissioned in these 6 new regiments of cavalry. It will be observed that it is only in theseaix new regiments of cavalry that the most desirable vacancies can be found in the Army. The 6 regiments artillery are already full or are provided f;the 6 old regiments of cavalry are already full or are provided for. It is only in these 6 new regiments that there will be vacancies; and if we allow enlisted men of the Army, who have served as volunteers during this war, to be transferred from anyone of these 80 regiments into these 6 regiments, but a very small chance, it seems to me. will be left for volunteers who have served either as enlisted men or as officers during the war and have by such meritorious service earned the right to commissions in these regiments. I move to amend the amendment by adding to it the words “in the regiments in which they shall have served.”
Mr. HALE. It seems to me, Mr. Speaker, that the amendment proposed by the Gentfrom Wisconsin FMr. PAIXE] should not be adopted. I understand that it has ordina rily been found the true policy, in making appointments from the rank and file of the Arm, to transfer the appointees to regiments in which they have not served, for the simple reason that one who has served as a private is less likely to exercise the proper(lise i line and control among men with whom he has been familiar as a companion and an equal than among strangers. I do not think that the Gentfrom Wisconsin has an good reason to fear that these regiments e filled up from the rank and file of the whole Army. I am not aware that the War Dept in appointments or commissions has ever manifested any such favor itism on behalf of the rank and file of the Arm as to lead to the belief that there will be an a use of power in this respect hereafter. I think there is no reason to a iprchend these regiments will be unduly flooded by appointments from the rank and file. This same provision istobe made, of course, in regard to the infantry regiments, and it seems to me they ought to be left on an equality.
Skip Skip The question recurred on Mr. Pslxss amendment to the amendment. The House was divided, and there were aycs 9, noes not counted. So the amendment to the amendment was disa eed to. the question then recurred on Mr. HALEs amendment. Mr. PAINE demanded the yeas&nays. The yeas&nays were not ordered. The amendment was agreed to. The question recurre on Mr. SCHENCKS mtRtv the House agreed to insert after the words “shall be elivible ” the words “ without having served as vo unteers."
Mr. SCHENCK. I do not wantto be interrupted, and I am never able to hear what the gentleman says even if I Were to yield to him. If the section is permitted to stand with the proposed amendment, which I assented to, but which on reflection I believe to be all wrong, if graduates come in as volunteers, it throws open the door for those graduates who have been in the rebel army. No one, I presume, intended that, yet it has that effect. Or its effect will be to throw open the door to those who have been in no army, but resigned perhaps from our Army when the war broke out because they did not want to he in during the war, and are willing to return in the position of 2nd lieutenant when all danger has one by. We do not want them to be admitted. I ask, therefore, that the amendment by which these words were introduced shall be reconsidered. If anything be done with that class I prefer to fall back upon what was a eed between my collea no and myself, that are atter a graduate of est Point shall be eligible to a 2nd lientenancy, the object of the committee being to save these educated young Gentlemen and notexclude them from appointments by giving all these subaltern positions to volunteers. t will carry out, too, the intention of the committee to provide 2/3rds above 1st lieutenants shall be volunteers, and that all the 1st and 2nd lieutenants shall be volunteers except these duates from WestPoint who shall be eligible to come in as 2nd lieutenants. I ask the House, therefore, to reconsider the vote by which the 1st amendment was adopted; and I give notice that if that motion shall prevail then I shall propose, or in colleague on the committee
Mr. Bum: will prose, to amend the provision. It
Mr. BLAINE. I Will send to the Clerks desk the amendment I propose. I understood on Friday last, when I yielded to the amendment of the Gentfrom NewYork, [Mr. HAM 3.] that that amendment of the Gentfrom NewYork was to constitute a part, and not to take the place of my amendment. Under that misapprehension I yielded, which I should not otherwise have done.
Mr. Buusns amendment was read, as follows: Pmcided howeverT. hat cadets hereafter graduat g from the U.S. Military Academyshall e eligible to appointmentsas2ndlieutenants.
Mr. CONKLING. I come into the Hall in time to hear the amendment read, and I take the liberty at this moment, to suggest to the ComMilAffrs that the amendment which has been adopted will be as neces lary and applicable in case the motion to reconsider 5 ould prevail as otherwise. because when you say those who graduate hereafter shall be eligible, you do not provide, unless you express it in terms, that they shall be eli gible without previous service.,
Mr. BLAIE. The Gentfrom NewYork being absent, he ailed to hear the suggstion of the chairman of the ComMilAffairs. I wish to say further, that when I yielded on Friday to the Gentfrom NewYork, it was on the understandin that his amendment should be incorporat with mine, not thinking that it would be put simply in place of mine. That gave rise to an evil which the chairman of the committee has just explained.
Mr. CONKLING. I hope the House will not vote in here anything as harmless surplusage. This amendment is not mine in any sense. It was a mere suggestion which would reach the object which the Gentfrom Pennsylvania sought to accomplish. But I am quite sure that it is not harmless surplus age. If the committee intend that graduates from WestPoint shall not be eligible unless they have served as volunteers, I am not prepared to say that it is not right.
Mr. SCHENCK, The objection I make, on reflection, is that it is all wrong to appoint a graduate from WestPoint who, during the war, has not been in service.
Mr. SCHENCK. If he has served in the rebel army he ought not to be appointed. If he has served in the Union Army he is provided for. If, with his military education, he has not served at all, more shame for him.
Mr. CONKLING. I agree that there is great force in that, and I have no opinion to exress against it. 1 only say that if, in opposition to that view, the intention was to ren or eligible cadets without service, then the amendment sugcested was necessary. In that view the amendment was not surplusage; otherwise it amounts to nothing.
Mr. BLAINE. I think the Gentfrom NewYork misapprehends the point of the amendment. The bill confined the appointments to the subaltern grades, 1st and 2nd lieutenancies, to volunteers, and without a proviso letting in WestPoint raduates they could not get in. Being confine by the letter of the bill to volunteers, a proviso was put in saving the chances of the WestPoint graduates. The proviso now pending is: Provided, That cadets hereafter graduating shall be eligible. be. That makes it as clear as anything can be.
Mr. BOYER. Would it not obviate all dilliculty to insert after the word “eligible” the words “immediately upon graduation 1"
Mr. BOYER. Let the amendment read: Provided, Immemr, That graduates of the U.S. Military Academy shall be eligible, immediately upon graduation. to appointments, he.
The SPEAKER. The question had better 1st be taken on the motion to reconsider. the question was taken; and the motion to reconsiderwas agreed to. The question recurred on Mr. Borsa s amendment.
Mr. BOYER. I will modify my amendment so as to read: ProudMl, however.That graduates of the U.S. Military Academy shall be eligible, immediately upon graduation. to appointments as 2nd lieutenants Without such service. The amendment, as modified, was agreed to.
Mr. STEVENS. We all have some knowl edge about these military matters, of course. I must show mine by moving an amendment. 1 like portions each of the Senate bill and of thle House bill better than some portions of the othler. Now, I see that by the Senate bill 2 regiments ofcolored troops, out of the 6 regiments that are to be added, are provided for. 1 think that that oughtto be so in the House bill. That has been omitted unless it has been inserted in some other section. I suppose it has not been; and I move, therefore, to amend this 3rd section by inserting, after the word “ regiments, " in the 9th line the words “two of which shall be ppmposed of colored men;” so that it shall rea: That to the 6 regiments of cavalry now in the seryice there shall be added 6 regiments, 2 of which shall be composedof colored men, 6:0. I offer this amendment because I believe that colored troops do better as cavalry than icrha s in any other branch of the service. hey have been skillful horsemen all their lives. If there was anything they were taught by their southern masters it was how to ride on horse back. I understand from Officers who have served with them that they make excellent cavalry, so far as the have had an expe rience. I think, there ore, they shonl have an opportunity of serving in that branch of the service, and hence I aprove of the Senate proposition rather than that of the House. i
Mr. SCHENCK. Iwill only remark upon this subject that, after lookinv over the whole ground, it was concluded by the Committee on A lilltary Affairs to report in favor of 8 regiments of colored infantry troops, without making any cavalry regiments consist of the same character of troops. We have nothing especially to say about it exceptto submit the question to the House whether they will not agree to that suggestion of the committee. I have no feeling about it one way or the other. If it be thought by the House that 2 of the 6 new reiments of cavalry should be colored troops, it will not in any way aifect the bill in its other features.
Skip Skip The question recurred on Mr. Srnvsivss amendment. The House divided; and there were ayes 46, noes 12; no quorum votin". Mr. GHANLEIL demanded the yeas and an s. The yeas&nays were not ordered. The SPEAK Eit m tempore. OMr. Wasn aunss. of Illinois. in the chair.) no quorum having appeared on the last rote, ordered tell ers, and appointed Messrs. BLAISE and Cass um. The House again divided; and the tellers reported a es lifty six. noes not counted. Mr. Glll Elt. It was my understanding that the House was dividing on ordering the yeas and unys. It was certainly my intention that the tellers should be. not on the amendment, but oti ordering7 the yeas and nnys. I demanded tellers on the yeas and uay. but the time.
The SPEAKER protempore. the Chair did not hear the Gentfrom Kentucky demand tellers on the you&nays.
Skip Skip The yeas&nays were refused, and the Chair ordered tellers on the amendment, as there was no quorum on the previous vote. Mr. ClIANLEIl. [insist that the division shall go on. The SPEAKER protempore. The tellers will resume their places. The House again divided; and the tellers reported ayes 56, noes 12; no quorum voting. Mr. SPALDING moved that there be a ca 1 of the House. The motion was disagreed to. Mr. CHANLER. I insist there shall be a division in reference to the demand for theyeas&nays. The SPEAKER pro{cm are. It is not in order. as the House refuse to order the yeas and Hays. Mr. STEVENS. I think there is a quorum present new and I hope by unanimous consent the tellers will again take their places.Mr. ROSS. I object.Mr. FIXCK. We want the yeas&nays. Is it in order to move to reconsider the vote by which the yeas&nays were refused? The SPEAKER protempura. ltis in order.Mr. FINCK. then I make that motion. The motion was agreed to. The yeas&nays were then ordered. The question was taken; and it was decided in the affirmative yeas 70, nays 28, not voting 76; So the amendment was agreed to. During the vote, Mr. lltOiiBltlDGE stated that his colleague Mr. Beams. was compelled to leave the House by indisposition. The vote was then announced as above recorded.
Mr. BLAINE. I more. after the words “an portion of the cavalry force.herein authorize may be dismounted and armed and drilled as infantry at the discretion of the President, ” to insert the following: But the number so dismounted shall be taken. so far as the interests of the service will permit. proportionately and impartially fromtheseveral cavalry regiments. Iwill explain the object and the necessity for this amendment. The cavalry service consists at present of 6 regiments. It is reposed to add 6. There is a great den of jealousy among the cavalry when they are dismounted, and the natural operation would be that those who are last enlisted would be. in a body or as whole regiments. kept dismounted, and the old regiments would be he t mounted, and a rest deal of discontent an unfairness would 9 the result. The Senate bill undertakes to remove that trouble by proposing that not exceeding 4 companies of each regiment shall be dismounted. The etfeet 0! that will be to make 12 cavalry regiments of 8 companies each. My amendment simply means this: that the portion dismounted, whatever it may be in the judgment of those having charge of the Ferry. matter shall so far as the interest of the service will allow, be impartially shared between all the regiments of the cavalry service. which will remove jealousy and create fair play all around. I need not say, perhaps, that I move this with the assent of the members of the committee. The amendment was agreed to.
Mr. SCHENCK. I move to amend section 3 by adding this at the end: and such rerimentshall have one veterinary surgeon.whosecompensationshall be $135permonth. It applies only to the cavalry. Thesepersons employed now are receiving about 75 dollars and rank as sergeants. They get certain all0wances. but they are paid an amount about sufficient to secure the service of competent. scientific horse doctors. It has been suggested to me in a communication on the subject by the chief of the Cav alry Bureau that it is absolutely necessary. in order that properersons may be secured, that the pay should e somewhat increased and every one acquainted with the cavalry service will understand how essential this Officer is. It is also proposed to give them the rank, without command. ofcaptain. I cannot bring my mind to assent to that proposition. I see no reason why, without command. we should give them that rank. But I think the pay should be increased so as to afford additional inducement for securing good officers. This $125 permonth will be the entire compensation. They will be without any allowances or emoluments if this amendment shall pass. It amounts to $1, 600 a year, which I think is necessary. The Gentfrom Illinois [Mr. FABNS wonru] suggests $100 a month. I think it is not and in the opinion of the chief of the Cavalry Bureau, men cannot be engaged for that sum who are of the right character.
Mr. FAILNSWORTH. I suggest $100 a month, assimilating it to the amount paid by the Government to contract surgeons in the Army. A large portion of the surgeon:I that were employed uring the war received but $100 permonth I agree with the chairman of the ComMilAffrs that veterinary surgeons are necessar in the cavalry service. such regiments when mounted cannot well do without them and I agree that the Government has not paid enough for such officers. During the fore part of the war they only received, 1 believe. the ay of sergeant major. Latterly they were pai 75 dollars permonth. I think $100, which is half way between 75 dollars and $125, will command the service of veterinary surgeons certainly as well as $100 will command the services of surgeons qualified to take charge of hospitals. I therefore move that amendment.
Mr. HALE. I wish to submit to the chair man of the committee whether a horse doctor ought to have better pavthan a doctor of men. The asst surgeon at the Army is the medical Officer of the regiment and he gets a less sum than this bill proposes for a horse doctor. According to the present bill his pay and allowances amount to ess than $123 a month and he ranks as lieutenant. It seems to me that a man who doctors horses ought not to be aid more than one who attends to the cure of the ills of the human race.
Mr. SCHENCK. The asst surgeon ranks as lieutenant of cavalry. He gets less pay. but a great deal more compensation. because he gets certain rations and allowances for servants rations and clothing and various little things which go to make up the compensation, which are not taken into the account when you talk about his pay proper. By the bill before the House the 1st lieutenant gets $1.800 and the 2nd lieutenant $1.600.
Mr. HALE. By the Army Register an asst surgeon of less than 5 years service ranks as 1st lieutenant, and his total pay and allowances amount to $112 83 permonth.
Mr. SCHENCK. That may be so published. As I said befOre, this is one of the difficulties We have to encounter to know what they do get. Where the officer gets pay, commutation, and allowances, the 1st lieutenant of cavalry. for instance, in this cit, gets $2, 088 41 a year. The allowance for fue is $108, and for quarters $432, and if that be taken 06, it still leaves the amount more than $1, 200.
Mr. FAItNSWOItTH. In Washington city the allowance for these items is about double what it is elsewhere.
Mr. SCHENCK. If the Gentfrom Illinois [Mr. FARNSWORTH} t inks $1, 200 is enough, am not desirous o disputing the matter With him, but will leave it to the House. Only I say that the present compensation is insufficient, and that if we appoint men fit for the places we must give them more than they are now receivin.
Mr. COBB. desire to ask the chairman of the committee aquestion, and it is a question which I wish at this time tosubniit to that committee, who are presenting to us an entirely new bill for the organization of the Army. I would inquire whether it is not desirable, in framing such a bill as this, to change the whole sysiem ofcompensation, doing away with the complicated machinery of allowances and rations. I would like to know of the chairman of the committee, or of some one competent to answer it, whether it is not possible to frame a bill which shall dispense entirely with this complicated system of compensation.
Mr. SCHENCK. In reply to the Gentfrom Wisconsin, Mr. Conn] Iwill say that in my view just such legislation is needed and it is in consequence of that conviction that I have reported, with the authority of the Military Committee to back me, a bill to fix the coni ensation of the officers of the Army in an intelligible shape, and that bill be will find on his file. After we get through this bill it may perhaps not be impolitic to move that bill as an adden dum. so as to include all in one bill. This bill might be modified by striking out the words “emoluments and allowances” wherever they occur. I have not thought it advisable, however. to bring it before the House for it will be hard enough against the influences surroundin us to fight through either one of these bills, think and I know that we shall have to rally with all the strength we can, those of us who think as I do, and as I am glad to see the Gendemon does, on the subject of compensation, before we can get any bill of this kind through the House against. outside influence and Army influence. I make this reply inerel to satisfy the Gentleman that that subject has not passed unnoticed, and that there isa bill to accomplish the very object the gentleman desires now on file. The amendment of
Mr. FARNSWORTH, to strike out $125and insert $100, was agreed to. The amendment, as amended, was agreed to.
Mr. TAYLOR. I would inquire if it be in order to move to go back to section 2 for the irpose of amending it. e SPEAKER protempora done by unanimous consent.
Mr. SCHENCK. I will hear what the Gentleman proposes.
Mr. TAYLOR. I proone to amend by insertin in section 2, a or the word “ artilery." the following: That thereshall be a pointed a chief of artillery with the rank. pay, an emolumentsof a brigadier general. who shall have charge under the direction of the War Dept. of all matters pertaining to the artillery arm of the service.
Mr. SCHENCK. I object to going back for the purpose of allowing that amendment.
Mr. FAYLOIL I would inquire if it will be in order at any stage of the bill to introduce this amendment.
The SPEAKER prolanporc. The Chair is not at the present moment prepared to answer that question.
Mr. TAYLOR. I will withdraw it, and move hereafter to add it as a new section. That I am told I can do. It can be
Mr. GRINNEIZL. Will the gentleman yied to me one moment for a question?
Mr. GltlNNELL. How large does the Gentleman understand the Army to be now, and to what number would he have it reduced?
Mr. ROGERS. I do not know how large the Army is now. I am not preared to say. I am not very well versed in militar affairs. But I am prepared to say that I am or reducing the Army to as low a standard as is consistent with the reservation of the eace of the country as ow a standard as has been necessary at any time within the last 25 years.
Mr. ROGERS. 15 or 20,000. 40,000 as proposed by the Gentfrom Illinois [Mr. toss] won d be a very liberal allowance indeed, and would certainly be as large an army as the tax burdened people of this country should be called on to maintain in time of peace. such is the patriotism and courage of our people that they can always be relied on to come forward as volunteers in overwhelming numbers to vanquish any foe, whether from without or within, and to maintain the honor and integrity of the country.
Mr. INNELL. I care to inquire of the gentleman whether he would, in this or any future emer ency, enlist the Fenians.
The SPEAKER protempore. The gentlemans time has expired.
Mr. BLAINE. I beg the Gentfrom Illinois to withdraw his proposition. When this bill was reported from tie ComMilAffrs and taken u for consideration it wasagreed that we should go throngh itsectionby section, giving a liberal allowance of 15 minutes to each member for debate, so that the measure could be perfected. propositions like the one now pending interjected in this way will, of course, only gave rise to this sloshy washy debate. I appeal to the gentleman to withdraw his proposition.
Mr. ROSS. I regret I cannot comply with gentlemans request.
The SPEAKER protempore. Debate is exhausted.
Skip Skip Mr. SCHENCK. I demand the previous question on the motion to recommit. The previous question was 2nded and the mainquestion ordered. Mr. tOSS demanded the yeas&nays. The House divided; and there were ayes 16, noes not counted. Mr. ROSS demanded tellers on the yeas&nays. The House divided; and there were ayes 17. noes not counted. The SPEAKER protemporc. Tellers are not ordered, and the yeas&nays are not ordered. Mr. ROSS. I rise to a question of order. I understand when one side of the House is counted we have a right to have the other side counted. The SPEAKER protempore. The Gentfrom Illinois demanded the yeas&nays and tellers on the yeas&nays, but on a division there were not enough to order either the tellers or the yeas&nays. The motion to recominit was disagreed to.
Mr. ROGERS. I move to amend by adding a provision that the Army at no time shall exceed 30,000 men; and I move that amendment for the purpose of occupying the attention of the House foiabout 3 minutes.
Mr. SCHENCK. I rise to a point of order, that the provision that the Army at no time shall exceed 30,000 men has nothing to do with this section. not only make the point of order, butI appea
Mr. ROGERS. The gentleman will not find fault with me if he will permit me to go on.
Mr. SCHEXCK. es, we will have the same old speech ever again. [Great laughter ]
The SPEAKER protmipore. The Chair Overrules the point of order.
Mr. BLAI E. The Gentfrom NewJersey says that I have taken occasion when ever he has spoken to say something indece rous or unbecoming. Yet he cites only 2 occasions in which I have offered any remarks about him. If he will remember how frequently he has addressed this House, and can only remember those 2 occasions, he must see that there must have been a good man times when I have not referred to him at all. ow, I never have had the slightest unkind feeling toward the Gentfrom NewJersey in my life. 2 or 3 weeks ago, on a Monday morning, by means of a mere accident in parlinmentary rule, which happens perhaps once in 25 ears, the gentleman ha an opportunity to exmust the whole morning hour in a debate in which neither himself nor any other member of the House was interested, and I up ealed to the gentleman personally to yield the cor, inasmuc as there were many gentlemen on this side of the House who had resolutions to otfer not resolutions of a politieal character, but of a business nature, which could only be introduced under the call of States on alternate Mondays. The gentleman agreed that he would not take more than 20 minutes, but then he continued for the entire hour; and in the heat of the moment I made some remarks that were hasty and unbecoming, as I have since thought. If I thereby wounded the gentleman in any we I am very sorry for it; and I will say in aditiou, that I have none but the kind liest feeling for him personally. He has always treated me with respect, and I desire to treat him in the same we.
Mr. STEVENS. at is sufficient. I rise to a question of order. I desire to know to what part of this section this debate applies. [Lau hter.]
The SPEAKER protempera. he Chair is not et advised.
Mr. SCHENCK. If the gentlemen have exhausted their reasons for reducing the Army, I will move the previous question.
Mr. ROGERS. Wait until my 15 minutes are through, if you please.
Mr. ROGERS. I ask but a moment more. The Gentfrom Maine says that my arguments upon the resolutions which I olfered had interest neither for the House nor for myself nor anybody else. [Laughtera] The gentleman is mistaken about that; it Was a very important question, and I presume the House will remember that when 1st I came here, I think in the 1st week or in the 2nd I offered a JtResolution which was referred to the ComJudiciary, to authorize the States to tax U.S. securities, and the remarks which I made were therefore entirely pertinent to the question before the House.
Mr. SCHENC. I must really rise to a question of order.
Mr. ROGERS. It is not necessary. I With draw my amendment.
Mr. VANAERNAM. I move to amend the section by inserting at the end of it the following proviso: Provided further. That officersof the same ado above the rank of 1st lieutenant. who shal be appointed under the provisions of this section shall have their rank determined by their last previous rank, whether in the volunteer serviceor not.
Mr. SCHENCK. Iho e the Gentfrom NewYork will not put that on a section With which it has nothing to do whatever. This section relates to a cavalry force. His amendment refers to an entirely different and separate question. I suggest that headd it to the bill as a separate section, otherWise we shall make this bill a iece of unmeaning patchwork.
Mr. VANA RNAM. The only way in which I could offer it a proriately would be to move to strike out the whole section and insert this in lieu of it.
Mr. SCHENCK. This section applies to an organization of 6 new cavalry regiments to be added to the 6 now in the service, and this general military legislation, intended to apply to all otheers of all arms of the service is incongruous with this part of the bill. I hope the gentleman will so far aid the committee in ertectin the bill as to reserve his motion and O or it as a distinct section at a later period.
Mr. VANAEItNAM. If that will conduce to the convenience of the ComMilAffrs I will withdraw my amendment for the present, and offer it at another time. The amendment. was withdrawn.
Mr. SCHENCK. I move to amend the 4th section by striking out in line 5 the word “comprising, ” and inserting in lieu thereof the word “ constituting." The motion was agreed to.
Skip Skip T he yeas&nays were ordered. The question was taken; and it was decided in the active yeas 16, nays 79, not voting 88; So the amendment was not agreed to. EVENING SESSION DISPENSI did WITH.R. WARD. I move that.the evening session for today be dispensed with. T he motion was agreed to. REORGANIZATION OF THE ARMY Again.
Mr. DAVIS. I move to amend this 4th section by strikin out the words “of ten regiments to be raised and Officered as hereinafter provided for, to be called the Veteran Reserve cor.s. Ipmake this motion from no desire whatever to do wrong or injustice to any man who has served gallantly in the armies of the Republic. But I do it because as a legislator, responsible in some degree for the enactments that maybe passed here, I believe it my duty to make this motion to amend. Now, among the reasons which I beg leave to assign for this amendment is, in the 1st place, the vastly inerenSed expense to be entailed upon the Government hy the organization of ten additional regiments which under no circumstances can perform more than 1/2 the dot of the same number of efficient and able bodied men. I had occasion to state on Friday last the expense to which these ten additional regiments will subject the Government, in the way of their organization, equiment, and maintenance. I stated that if on y the minimum of these regiments was organized the exPense for the my properalone of the officers and men would be nearly 900,000 dollars a year.
Mr. SCHENCK. Yes, and the gentleman missed the correct figures in his estimation by just half amillion dollars.
Mr. DAVIS. I did not get it high enough.
Mr. INGEItSOLL. I remember, Mr. Speaker, when the Veteran Reserve corps was organized; and I remember, too, that at that time it was understood that that organization was to be a permanent one. Wlieu the men who now compose that organization, or so much of it as is left, had so ar recovered from wounds and disabilities incurred in active service that they believed themselves fit for the military duty assigned to this corps, they appeared before a competent military board, and if on examination were found to possess the requisite militar knowleti e, and by a suitable medical board they were ound to possess the necessary physical strength for the performance of the duties assigned them, they were mus tered into the service. Sir, those of this Veteran Reserve corps who now remain in service many of them have been mustered out are No. 1 men. They have been tested on the field of battle, and not found wanting. They are men of courage and experience; and I say it is a slander upon a noble organization to say that these men cannot do half the service that can be rendered by men who have never seen service in the field. I say that a man with a cork lo and with only one armz if he has ordinary a ility in other respects, is as capable of doing duty at a fort or a military rendezvous in time of peace as any man. I hold, sir, that this nation has some interest in caring for the men who constitute this Veteran Reserve corps. We have no right to muster them summarily out of the service, saying to them, “ We are willing to give youa pension of $100 or $200 a year, and with this. you can, if you exercise ordinary prudence and economy. make our livin."
Mr. CONKLING. will the gentleman permit me to ask him a question I
Mr. CONKLING. The gentleman has stated that, when this corps was organized, there was an understandin, in some way, or on the part of somebody, that it was to be a permanent organization. Will the gentleman. e kind enough to state to the House on what he relies on tnakin that assertion?
Mr. INGERSO.L. Yes, sir; if it is a matter of any importance, I will do so. Istate from my recollection that, at the time of the organization of this corps, itwas so understood. I remember that I spoke with reference toit myself. I recollect that an officer of my own State consulted me with reference to the usation whether he had better ive up the business by which he could make aIivelihood at home for the purpose of going into the Veteran reserve corps. I remember that I told him that I supposed it would be a permanent organization, and that therefore it would be advisable for him to go into it as a lieutenant. the pay of which position would be sufficient, under prdirliary circumstances to support him and his amt y. It was my understanding, and I think it was the general understanding, that that corps should be a permanent organization. I know that there are now in that corps men who aban doned their ordinary pursuits and professions to enter this corps, believing in good faith that they could by the services which they would render compensate the Government for its out lay in maintainin that organization. Does any gentleman believe that those men would have entered that corps if they had understood that they were to remain only a year or 18 months, and were then to be turned off that their places might be filled by able bodied men?
Mr. CONKLING. Does the gentleman put that question for the purpose of having it answered?
Mr. INGERSOLL. No, sir; I do not care to be interupted just now.
Mr. COhKLlNG. If the gentleman de sires an answer, I would be gla to give it.
Mr. INGERSOIiL. But I can answer for myself. It is a plain and real answer. They did not dream of such a thing. They supposed they were part of the Army of the U.S., and that we would take a pride in them for the services the had rendered; that their organization should have the dignity and something of the am of the “ Old Guard.” Yesr
Mr. Speaker, the Veteran Reserve cors son he pointed to with pride and glory y American citizens, for they have proved the defenders of the Republic o ainst a wicked, and atrocious rebel on and a Generous peOpIe will recognize their services and provide for and maintain them in their Military pride and glory as a part of, the U.S. Army. I deny that the Veteran Reserve corps are inadequate to discharge the duties of any ordinary post or garrison of any branch of the service while the country is at peace. I be the country and this House not to disregar the claims yes, sir, the claims of these noble soldiers. Let us maintain this organization as an independent organization of the Army, whether it consist of 5 or ten regiments. I am not satisfied we need 50,000 or 60,000 men in a time of peace to maintain the dignity of this country. when I am convinced that we do I shall vote for such number of men, but not until I am. I shall want to hear further from the ComMilAffr or those who have carefully investigated the subject. But whether the Army shall consist of 25,000 men or 50,000 men, I insist that the Veteran reserve cOrps. men who have nobly won renown upon the field of battle, shall have their place in the Army and shall not be overslaughed by any opposition from any quarter, whether it be under the guise of pretended economy or by the regular Army or by any other interest whatever.
Mr. ELDRIDGE. As it is a glorious thing to belong to the Arm, I ask why it is the Gentleman was not hear ofin the war?
Mr. INGERSOLL. I tell you I was required at home to take care of just such contemptible “copperheads” as that ntleman. [Laughter.] My services were required at home. If all the patriotic and honest men like myself had gone to the front such “ copperheads” as you would have taken the country and it would 1 floor and in the galleries]
Mr. ELDRIDGE. I desire to know from the cop erheads?
Mr. NGERSOIiIi. I say that we have. The SPE KER protem re. Applause in the galleries and upon th car is out of order. taken good care of the “ copperheads."
Mr. ROGERS. I rise to a point of order. country. for one member to abuse his fellow member of the house by calling him a cone SPE {ER protempore.
Mr. ELDRIDGE. I wish the decision had been that it was in order. as he has not more
Mr. NGERSOLL. I do not care about anything he as s. It matters nothing to me. slang and their slanders for several years. I wish to on I did not personally call him conembarrassed the Union party, which has encouraged the rebellion, which has done all it struggle with the rebellion. I do call them contem.tihle.
Mr. ROGERS. Is it in order fora member is. lam willing to have this out. [Cries of "Orderl"] If there are traitors anywhere of “Orderl”.] They are the disunionists today, and we are the only real Union men in
Mr. ELDRIDGE. What is the ruling of the Chair? the Gentfrom Wisconsin is out of order.
Mr. ELDRIDGE. Why? have gone to eternal ruin. [Applause on the the gentleman why he has not taken care of [Renewed a pIsuse.]
Mr. INGERSOLL. I say that we have Is it in order. in public debate to go to the tenrlifitiblecopperhead? The Chair thinks it is not in order. contempt for me than I have for him. [Laughter] have been used to hearing their temptible, at his political party which has could to defeat the Government in its great
Mr. INGERSOLL. Because it is the truth. to stand here and abuse another party? If it they are in the other party. [Continued cries the country
The SPEAKER protempore. For interrupting the proceedings of the House without the consent of the House.
Mr. ELDRIDGE. I rise to a point of order. I wish to know whether the point of order raised by the Gentfrom NewJersey ought not to be decided before any other. I want to know whether it is not as proper for me to call the Gentfrom Illinois a traitor. as I do. as for him to call me a " copperhead. ”
The SPEAKER protempore. The Gentfrom Wisconsin is out of order.
Mr. INGERSOLIJ. Mr. Speaker, I believe I have the floor. [Laughter.] I want it understood that I place upon whnte ver the Gentfrom Wisconsin has said no sort of importauce
The SPEAKER proIempore. The Chair calls the gentleman to order.
Mr. ELDRIDGE. I rise to a question of Order. The Chair has decided that the Gentfrom Illinois was out of order.
The SPEAKER protempore. The Chair decided that his application to the Gentfrom Wisconsin was out of order.
Mr. ELDRIDGE. I insist upon the enforcement of the rule, that being decided to be out of order, the Gentfrom Illinois must take his seat.
Mr. INGERSOIL. I rise toapoint of order. The Chair has decided a moment ago that Mr. ROGERS. One point at a time.
The SPEAKER protempore. The Gentfrom . Illinois [Mr. [NounsoLL] Will suspend. The Gentfrom Wisconsin [Mr. LDRIDGE] raises the point of order that the Gentfrom Illinois [Mr. ISGEHSOIL] was held by the Chair to have been out of order. That was so.
The SPEAKER protempera. The remark of the Gentfrom Illinois [Mr. Incen SOLL] as applied to the Gentfrom Wis cousin
Mr. LDRIDGE. The question of order goes further.
Mr. ELDRIDGE. I insist that the Gentfrom Illinois Mr. Isonnsou] sh I take his seat until the House permits him to proceed.
Mr. INGERSOLL. My time has not expired yet, I believe.
The SPEAKER protempore. The gentlemans time has not yet expired. The Gentfrom Wisconsin [Mr. ELDRIDGE] insists that the rule shall be enforced, that the Gentfrom Illinois [Mr. INGERSOLLI having been declared out of order shall take his seat until he is permitted to proceed.
Mr. BLAINE. I move that he be permitted proceed in order. Mr. ELDRIDGE. yet taken his seat.
The SPEAKER protemporc. The Gentfrom Illinois i
Mr. Ixosusott] will be I do not doubt that. to I insist that he has not seated. [Laughter The motion that the gentleman be allowed to proceed in order was agreed to. IMr. INGERSOLL. Suppose Jeff. Davis should call me a traitor, should I pay any attention to it?
Mr. ROGERS. 1 rise to a point of order. The gentleman is not speaking to the question before the House. Jedi. Davis has nothing to do with it. Laughter.]
Mr. ING RSOLL. He may have, from present indications. If this co perhead party ever gets into power Jeff. may e one of their leaders.
Mr. ROGERS. I insist that the gentleman should confine himself to the question before the House or take his seat. He is not talking upon the nestion at all.
The SPEAKER The Chair fpro tempera. sustains the point O order.
Mr. ELDRIDGE. Iraise another question of order. The Gentfrom Illinois [Mr. ingERSOIL] has no right to charge upon this side of the House that they are followers of JeffDavis, or that he is their leader. it is an abuse of the privileges of this House. I ask the Chair to ccide that question.
The SPEAKER. protempore. The Chair has decided the oiiit of order raised by the Gentfrom . ewJersey, that the gentleman was not in order in the line of his remarks.
Mr. ELDlilDGE. Then I insist that the rule shall be enforced, and he shall sit down.
The SPEAKER. protempore. The Chair ha decided that he was not in order in the remarks he wasproceedin to make. The Gentleman can proceed in order.
Mr. ELDltlDGE. I insist that he cannot go on, when the Chair has decided him out of Order. until the House again allows him to
The SPEAKER protempore. The gentleman was not in order. was not speaking to the amendment. If he shall speak to the amendment before the House he is in order.
Mr. ELDRIDGE. Then my point is not allowed. I desire now to make another question of order of some importance. He has applied to this side of the House the epithet that they are followers of Jeff. Davis. I insist that that is nota properremark to make against members of Congress.
The SPEAKER protempore. The gentleman mises another point of order, that the n plication of the remark to the side of the ease to which the gentleman belongs. that they are followers of JeffersonDavis, is not in order. The Chair cannot decide whether that is in order or not. [liaughten]
Mr. ROGERS. I rise to a point of order: that we will withdraw all objection and allow the gentlemen on the other side to proceed if they will allow us to answer.
The SPEAKER protempore. The Gentfrom Illinois [Mr. Ixonasou] has the floor.
Mr. NIBLACK. I insist on knowing what the amendment under consideration is.
The SPEAKER. protempore. The Clerk will report the amendment.
The Clerk read the amendment. namely, to strike out the following from section 4: O 01ton regiments.to be raised and otiiccredM hero “nfmter provided tor. to be called the Veteran Reserve
Mr. McKEE. I only wish to make a single statement. So far as this side of the House is concerned there is a part of us at least who do not take any excetion whatever to being called followers of Jeff Davis. because we have never been considered as being in that line. A number of us at least have a record by which the country at large will not put us in that cate ory As to the gentlemen who are a little Turther over. that seem to have fears of such charges. there may be some ground for those fears. [Laughter]
Mr. INGERSOLL. I was showing the necessity of reservin the Veteran lieserve corps, and in over to do i at [was showing that from present proceedings and present indications the rebel power is I ask the gentleman to yield iable to be restored in this country. with Jeff. Davis at its head.
Mr. RUSS. I would inquire of my colleague if he has heard of the result of the municipal election at Peoria, Illinois.
Mr. ingERSOLL. Yes, sir. The copperheads have a majority there, I am sorry to say. [Laughter] There are some who have been pardoned and restored to political power who are as deeply dyed in crime as Jeff. Davis. his compeers and coconspirators, and I want to protect the country against such men. “ [Here the hammer felL] 1
@@@ IN SENATE. Tucson, April 17, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
The PRESIDENT protempore. In compliance with the order of the Senate directing the Chair to appoint a committee of conference on the disagreeing votes of the 2 Houses on the concurrent resolution prohibiting the sale of spirituous liquors in the Ca itol building and grounds, the Chair appointed Mr.wILSON, Mr. SHERMAN, and Mr. Gurnaiit.
Mr. Morris, praying that the ComrPatents may be authorized to issue to him a patent for a new and useful improvemlnt. in furnaces; which was referred to the ComPatents and the Patent Office. Mr. BROWN presented the memorial of James A. Paige and others, late chaplains in the service of the Government, prayin that the commutation for fuel and quarters (Prawn by them from June, 1862, to April, 1863, inclusive, may not be required to be refunded by them; which was referred to the ComMilAffrs . Mr. BROWN. I have receiveda letter from the SecyInterior, transmitting a communication from the contractors for building the Center market house on Pennsylvania avenue and 8th street, inviting the attention of Congress to the subject, which I lay before the Senate and move to refer to the ComDistCol. It was sent by mistake to the ComPubBldg and Grounds, of which I am chair man. The motion was agreed to PERSONAL EXPLAhation.
Mr. SUMNER, from the ComForRel, to whom were referred 2 memorials of brewers of the U.S., praying for a reduction of the dnty on barley imported from Canada and the British Prov inces in North America, so that it may not exceed the sum of live cents er bushel, asked to be discharged from their urther consideration, and that they be referred to the ComFinance; which was agreed to.
Mr. HOWE, from the ComClaims, to whom was referred the petition of Oliver Holman, late additional paymaster in the U.S. Army, praying that he may be relieved from all responsibility for money alleged to have been stolen from him while acting as paymaster at Boston, Massachusetts, submitted an adverse report thereon; which was ordered to be printed. ALEXANDER THOMPSON.
Mr. SUMNER. The ComForRel, to whom was referred the JtResolution (H.R.No. 102) for the relief of Alexander Thompson. late U.S. consul at Maranham, have had itunder consideration, and have directed me to report it back with a recommendation that it pass. I think business would be facilitated if the Senate would act on this JtResolution at once. It will take but a minute. By unanimous consent, the JtResolution was considered as in ComWhole. It proposes to require the proper accounting officer s of the Treasury Dept to adust and pay all proper accounts and claims of Afexander Thompson for salary and services as consul at Maran am, in Brazil, in as full and ample a manner as if he had been a citizen of the U.S. while discharging the duties of the O cc.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. Mclnsnsos, its Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 493) granting a pension to Mrs. Joanna Winans; A bill (H.R.No. 494) for the relief of Martha J. Wille; and A bill (H.R. {10. 495) for the relief of Mary A. Patrick. The message also returned to the Senate, in compliance with its request, the bill (H.R.No. 458) granting a pension to Sarah E. Pickell. The message further announced that the HoRep had passed the following bills without amendment: A bill (S.No.201) for the relief of Ann Heth, widow of William Both, of Harrison county, Indiana; A bill (S.No.241) directing the enrollment of Agnes W. Laughlin, the widow of adeceased soldier, as a summer; A bill (S. lilo. 252) granting apension to Mrs. Sarah E. Wilson; and A bill (S.No.260) granting a pension to Mrs. Emerance Gouler. ENROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolle bills; and they were thereu on signed by the President protempore oft 10Senate: A bill (H.R.N o. 26) for the reliefof Thomas Hurl; A bill (H.R.No. 184) to authorize the sale of marine hospitals and of revenue cutters; A bill (S. o. 241) directing the enrollment of Agnes W. Laughlin, the widow of a de ceased soldier as a pensioner; A bill S.No. 201) for the relief of Ann Heth, widow of William Heth, of Harrison county, Indiana; A bill (S.No.252) granting a pension to Mrs. Sarah E. Wilson; and A bill (S.No.260) granting a pension to Mrs. Emerance Gouler. SARAH E. PICKELL.
Mr. JOHNSON mtRtv the bill (H.R.No. 458) granting a pension to Sarah E. Pickell was indefinitely postponed on the 13th instant; and the motion was entered. PATENT OFFICE REPORT.
Mr. ANTHONY. I am instructed by the ComPrintg, to whom was reerred a resolution to print 10,000 copies of the annual Report of the Commissioner of the Patent Office, 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: Resolved, That there be printed for the use of the Senate 10,000 copies of the annual Report of {lbigse ommissionoefr the Patent offico for the year The amendment of the committee was in line 2, to strike out "ten" and insert “four;” so as to read, “4000 copies."
Mr. CONNESS. Of course that belongs to this period of the country.
Mr. ANTHONY. I am instructed by the ComPrintg to offer the following resolution, and to ask for its present consideration: Resolved, That the number of copies heretofore ordered of the Reports of the Patent offico for the years1803and 1804bereduced from 10,000 of eachto 4000 of each.
Mr. CLARK. I think that had better lie over.
The PRESIDENT protempore. Objection being made, the resolution lies over.
Mr. ANTHONY. I would make one suggestion to the Senfrom NewHampshire. he whole number will have to be printe pretty soon, if at all. The resolution, the Senator is aware, is to reduce the number from 10,000 to 4000, and the work is now upon the press, and unless the reduction is made now the Superintendent will be obliged to go 01!; therefore I shall call it up tomorrow.
Mr. CLARK. I do not know that I am opposed to it, but I think I would like to talk with the Senator a little about it.
Mr. ANTHONY. Very well. objection to let it go over. mus INTRODUCED.
Mr. NYE asked, and by unanimous consent obtained, leave to introduce a JtResolution g.R. No. 66) for the relief of Joseph
Mr. orris; which was read twice by its title and referred to the ComPatents and the Patent Office.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce abill (S.No.268) to prevent and punish the manufacture and use of false, forge, or counterfeited brands, stamps, and stencils; which was read twice by its title, and referred to the ComMilAffrs . He also asked, and by unanimous consent obtained, leave to introduce a JtResolution (8.R. No. 67) to provide for the erection of tire proof buildings at the Schuylkill arsenal, near Philadelphia; which was read twice by its title, and referred to the ComMilAffrs .
Mr. SPRAGUE asked, and by unanimous consent obtained. leave to introduce a JtResolution (S.R.No. 68) providing tbr a change of name ofcertain fortsand Government works: which was read twice by its title, and referred to the ComMilAffrs .
Mr. GRIMES asked and by unanimous consent obtained, leave to introduce a bill (S.No.260) to define the number and regulate the appointment of officers in the Navy; which was read twice by its title.
Mr. GRIMES. Idesire to say, in connection with the fact that I introduce that bill, that it has been drawn at the Navy Dept, and is accompanied by a letter from the SecyNavy, which I desire to have printed and laid on the tables of Senators in connection with the bill. Idesire further to say that I do not feel myself committed to the provisions of the bill which I have submitted. but I have presented it to the Senate for its consideration in comlinnce with the request of the SecyNavy. I move that the bill be referred to the ComNavAffrs, and that the letter of the SecyNavy be printed. The motion was agreed to.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.270) securing to non-resident litigants the benefit of the jurisdiction of the U.S. courts, in the States lately in rebellion, in certain cases; which was read twice by its title, and referred to the ComJudiciary.
Mr. DOOLITTLE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 69) making an appropriation to enable the President to negotiate treaties with certain Indian tribes; which was read twice by its title, and ordered to lie on the table.
Mr. DOOLITTLE. I will say to the Senate that I desire to take up this resolution to ine r row mornin. It is a very important matter, and is based on facts that have just come to my knowledge from the Interior Dept. LAKE common SHIP CANAL.
Mr. POMEROY. I move to take up for consideration Senate bill No. 193, which was originally reported from the ComCommerce, considered at length in the Senate, and then referred to the ComPubLands, who have reported it back in a new draft. The amendment only need be read, because it is a substitute for the original bill. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.193) to amend an act entitled “An act granting land to the State of Michigan to aid in buildin a harbor and shicannl at Portage Lake. Iieweenaw Point, fake Superior, " approved March 3, 1865.
The PRESIDENT protempore, It is moved that the substitute reported by the ComPubLands be read instead I have no of the original bill, and that order will be taken unless some Senator asks for the reading of the original bill.
The Secretary read the amendment of the ComPubLands, which was to strike out all of the bill after the enacting clause and to insert the following in lieu thereof: That thorebe and hereb is. Michigan. mated to the Statqot to aid in the bni dingofiiharbor and ship canul at Portage Lake. Keweenuw Point. Lake Supe nor. in addition to a former grant [or that purpose, approvedMarch 3.1865t.wo 100,000acres at land in the upperpeninsulaof thestate of Michigan and from land to which the rush!pf homestead or preemption has not attached: Provided.That 150,000 acresof said lauds shall be selected from alternate odd numbered sections, and 50,000 acres from even numbered sections of the lands of the U.S. Said rant of lands shall inure to the up and benefit of the Portage Lake and Lake Superior Ship Canal company. in accordancewith an act of the Legislature of theState of Michigan.conferring the land granted to the said State, by the act herebynmended, onsaid company: and providedfiirllier, That the time allowed for the completion of said work and the right of reversion to the U.S. under the said act of Conness. approved March 3, 1865, be extended 3 additions years.
Mr. POMEROY. Ine tice that in the amendment as printed there is an omission of a proviso in regard to the mineral lands. It should have been in the amendment, but through some mistake it has been left out. ltherefore move to amend the amendment by adding as an additional proviso the following: Abife: That no mineral lands shall be included within this grant.
Mr. CONNESS. I suggest to the Senator that he should define “ the mineral lands” in inserting that clause; otherwise itwould include all minerals.
Mr. POMEROY. In States like Michigan, where there never have been any precious ine tals, we have always confined ourselves to the use of the words “mineral lands;" but in those States where the precious metals are found, we designate the mineral lands as containing precious metals.
The PRESIDENTpro tempore. The amendment of the committee will be modified as suggested by the Senfrom Kansas and the question is on the amendment as modified. The amendment, as modified, was agreed to.
Skip Skip The bill was reported to the Senate as amended; the amendment was concurred in. Mr. POMEROY. There is a clerical error in the 18th line of the amendment. The word “to” should be substituted for the word “out” so as to read, “to said company.", The PitESIDENT protempore. That correction will be made, being merely a clerical mistake. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. The title of the bill was amended so as to read: A bill granting lands to the State of Michigan. to aid in the constructionofa harbor and ship canal at Portiim Lake, Kcweenaw Point, Lake Superior. in said State.
Mr. POMEROY subsequently said: I ask leave to enter a motion to reconsider the bill (S. No.193) to amend an act entitled “An act granting lands to the State of Michigan, to aid in building a harbor and ship canal at Portage Lake, Keweenaw Point, Lake Supe rior, ” approved March 3, 1865, which passed this morning during the morning hour. There is a mistake in the bill. I merely want to enter a motion to reconsider.
The PRESIDENT protemporetion will be entered. HOUSE BILLS REFERRED. The following bills from the HoRep were severally rend twice by their titles, and referred to the Committee on Pen That mosions: A bill (H.R.No. 493) granting a pension to Mrs. Joanna winans; A bill (H.R.No. 494) for the relief of Martha J. Willey; and A bill (H.R.No. 495) for the relief of Mary A. Patrick. ADMISSION OF COLORADO.
Mr. WILSON. I move to take up the motion entered by me some time since to reconsider the vote by which the bill to admit colorado into the Inion was defeated. The motion was agreed to.
The PRESIDENT protempera. The question now is, Will the Senate reconsider its vote rtizjecting the bill (S.No.74) for the admission of the State of Colorado into the Union?
Mr. GRIMES and Mr. JOHNSON called for the yeas&nays, and they were ordered. The Secretary proceeded torcall the roll, and Mr. ANTHONY answered to his name.
Mr. BROWN. If it is proposed that a reconsideration of this vote shall take place, as a matter of course or of courtesy I do not wish to contest such a course although doubting its propriety, but I do not wish any acquiescenceon my part to be construed into an approval of the JtResolution in favor of the admission of Colorado with its present constitution. I was sick and absentin Philadelphiawhen the vo was taken on this proposition before, or I should have voted against it. As it is, if enabled to be present whenever the vote may again be taken, if it is to be reconsidered. Will unquestionably oppose it. The chief objection which I Wish to state not that there are no others is that the constitution under which it claims admission contains a clause denying the right of suffrage to persons on account of color and race. will never indorse by any vowof mine in this Senate any such odious discrimination, and as I propose to exercise my constitutional right in that behalfin regard to other States ofilie Union which have lately been in rebellion. so I am williniI that the political reform, the assertion of thisfundamental principle. should begin in the house of my friends, and apply 1st to the admission of Colorado.
Mr. SUMNER. I hope the Senate will not reconsider that vote.
Mr. SUMNER. I beg the Senators pardon; I think no answer was given.
Mr. ANTHONY. 1 voted twice; the Senfrom Missourionce.
Mr. SUMNER. I was called.out of the Senate for one minute, and during my absence this motion has been made; I do not know by whom.
Mr. WILSON. I made the motion. I did not know that my colleague was absent.
Mr. ANTHONY. lfthe Senfrom Massachusetts wishes to address the Senate on the subject, I hope he will be allowed to do so by unanimous consent.
Mr. RAMSEY. He can do it just as well on the bill when it comes before us.
Mr. GRIMES. He has a right to do it on the motion to reconsider. The Secretary called the name of the Senfrom RhdIsland and he answered before the Senfrom Missourirose to his feet to explain the vote he was about to ive. The Senfrom Missouriwas permitte to give that explanation, and now I suppose the same courtesy might with equal propriety be extended to the Senfrom assacliusetts.
Mr. TRUMBULL. The Senfrom Mir sourisays his name was called and he answered.
Mr. GRIMES. So bad the Senfrom RhdIsland been called, and he answered befoi: the Senfrom Missouris name was calle.
Mr. TRUMBULL. As I understand it. the Senfrom Missouriwas called, and when his name wa called he rose and explained his vote.
Mr. TRUMBULL. Perhaps iiotif anybody had objected.
Mr. GRIMES. He was emitted to do it, and now the Senfrom assachusetts ought to have the same priville.
Mr. TRUMBULL. glef the Senfrom There has been an Iowa desires to hear the Senfrom Massachusetts, I shall not object. The ruleof the Senate. I believe, has een, when there has been a res case not to allow debateafterward.
The PReSIDENT protempore. such is the rule of the Senate. Alter the call of the yeas&nays and a Senator answers, the rule of the Senate is that debate ceases. The Senfrom Iowa. however, is right. in the opinion of the Chair, in point of fact, that the name of the Senfrom RhdIsland had been called and his answer was heard by the Chair. When the Senfrom Missouris name was called, he made a few words of exla nation. no Senator objecting. The Chair then directed the call to proceed. The call again commenced, and the Senfrom RhdIsl and had answered, and simultaneously with his answer or perhaps immediately after, the Senfrom Massachusetts addressed the Chair and was recognized. If the point of order, however, is made, the Senfrom MassaChusetta, under the rule, is not entitled to be heard.
The PRESIDENT protempore. The Chair does not understand that any Senator makes the point of order objectin to the Senfrom Massachusetts proceedmg. The Chair simply stated that if the point of order should be made. the Senfrom Massachusettswould not be entitled. under the rule, to he heard. According to the practice, however, which has been adopted in the case of the Senfrom Missouri, the Senator would be entitled; but still no point of order was made then. The Chair did not feel called upon to enforce the rule as against the Senator saying a few words of explanation, and he would not now as against the Senfrom Massachusetts, and does not understand that anyone now makes the point of order. The Chair therefore recognizes the Senfrom Massachusetts.
The PRESIDENTpro tem are. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business ofyesterday, which is House bill No. 238.
Mr. WILSON. I should like to haveavote on this question, and I move to pass over that bill for a short time.
Mr. CLARK. I have no objection if we can come to a vote immediately on this matter, but I do not want the special order to lose its place.
The PRESIDEI T proIempore. The unfinished business will be laid aside informally if there be no objection.
Mr. COWAN. I hope not. This is an importantquestion, and it has not been discussed y every ody.
Mr. CHANDLER. I move that the special order be passed by informally for the purpose of allowing us to finish this motion to reconsider.
The PRESIDENT protempore. Objection being made to an inlormal postponement, it will require a motion to postpone the special order.
The PRESIDENTpro tenlpore. It is moved to postpone the present and all prior orders in ordhr to continue the consideration of the motion to reconsider the vote on the bill for the admission of Colorado.
Mr. GRIMES. ltrnst the Senators who are so anxious that Colorado should be admitted will allow this measure to go over until there Can be a fuller Senate than there is today.
Mr. WILSON. I propose that it shall go over until tomorrow morning.
The PRESIDENT pro(empore. The Senfrom Michigan makes a motion to postpone the present and all prior orders. Mil. CHANDLER. I withdrnwthe motion. Let it go over. PROTECTION OF U.S. OFFICERS.
The PRESIDENT protempore. The bill (H.R.No. 238) to amend an act entitled “An act relating to habeascorpus and regulating udicial proceedings in certain cases, ” approved larch 3, 1863, is before the Senate as in ComWhole, the pendingquestion being on the amendment reported by the ComJudiciary.
Mr. NYE. I think when we adjourned yesterday we were upon the naval bilI, and I had the floor 11 on that question.
Mr. COINESS. This was a subsequent arrangement.
Mr. CLARK. I called up the bill to make it a special order. That was the very object of moving to take it up, and then to adjourn.
Mr. CLARK. Not at all sharp. It is the usual practice of the Senate.
Mr. NYE. I move to lay that order of business aside, and take up the bill relating to the iron clads.
Mr. CLARK. I hopethat will not be done; let us notlay aside this public business for what may be considered the private business of individuals.
Mr. NYE. That is important public business, relative to the construction of the iron clads.
Mr. CLARK. This is a matter of a great deal of importance. I understand that in one State there are some 3000 suits which are to be reached in this bill.
The President protem ore. The question is on the motion of the Senator lrom Nevada to postpone the present and all prior orders and take up the bill referred to by im.
Mr. TRUMBULL. I hope not. The bill which the Senfrom NewHampshire calls up is one of public importance and one of urgency. I think my friendfrom Nevada himself, when he knows what the bill ishia attention has not been turned to it will consent that it shall come up. It is a bill to protect loyal men from prosecutions and suits or at ts done in obedience to orders in putting down the rebellion. There are at this time, I understand, several 1,000 suits ending against loyal men who have COIHIUILIQlTllO offense and done no not except in obedience to orders of superior officers. They are now being sued and prosecuted in the courts of Kentucky and other States, and this is a bill which has passed the HoRep and is of a public character: and it is due to the men who haz arded their all to save the country that we should protect them from prosecutions and suits for simply doing their duty. I hope that we shall go on with it.
Mr. NYE. At this point I should like to have the question of priority established a little. The Senfrom Ohio, [Mr. Want 7] when I had the floor on the amendment offered by the Senfrom Iowa [.Mr. GRIMES] to the bill in relation to the contractors for iron clads moved that that question be laid aside untiI tomorrow (today) at one oclock, to which I consented. Afterward, as the Senate was about to adjourn, the Senfrom NewHampshire slipped in this bill. I merely want to lenm what the practice is, that hereafter Imay avail myself of it if I desire to get priority. I supposed that when the Senate made an order that the naval bill should go over until today at one oclock. it meant what it had said.
Mr. CLARK. I do not quite like the expression of the Senfrom Nevada that I had slipped the bill in, implying that I had done it. for the purpose of defeating his bill. The senate will remember that the Senfrom Ohio made the motion to postpone the navy hill, the bill which was under consideration, and to proceed to the consideration of the bill chartering a company for the sewerage of this city. He move to postpone the navy bill until one oclock today, but it was not made a special order, and if it had been made a special order the unfinished business would override that special order.
Mr. CLARK. The Senate will hear me out in the assertion that when I moved to take up this bill the Senfrom Massachusetts [Mr. WILSON] said, “ You are not going further, Mr. CLARK;” and I said that I wanted to take up the bill so that it might be in order for tumor row, (today) and the Senate thereupon took it up and put it in order for this time. There is no “slippin " about it. It is the deliberate order of the Senate taking up the bill at that time.
Mr. CLARK. But it is before the Senate in its order.
The PRESIDENT protempore. The question is on the motion of the Senfrom Ne vada to postpone the presentaud all prior orders and proceed to the consideration of the bill named by him.
Skip SkipMr. CLARK called for the yeas&nays and they were ordered; and being taken, resulted yeas 17. nays 14; ABSENT 18. So the motion was agreed to. CONTRACTORS l Olt VesseLS and MACHINERY.
The Clerk read The Senate accordingly resumed, as in ComWhole, the consideration of the bill (S.No.220) for the relief of certain cun tractors for the construction of vessels of war and steam machinery, the pendin question being on the amendment 01 Mr. Yl to the amendment of Mr. Gains. The amendment of Mr. Giuims was to strike Out.all after the enacting clause of the bill and insert in lieu of the words to be stricken out the following: That the SecyTreasury be directedto pay. out of any moneyin the Treasurynot otherwiso appropriated. to the several parties the awardsmade in their favor by the naval card orgfinizod under the resolution of the Senate adopted arch 9. 1. the awardsbeing made unr date of December23, $65, and reported to the ccretary of the Navy; Iouidevl.That the payment shall not, in any case. excoed 12%. on the contract price. exceptin a caseof the macho, in which case the award shall be paid in full. The amendment of Mr. NYE to this amendment was to strike out “ 12 ” and insert “ 15.”
Mr. GRIMES. The Senator is mistaken as to my amendment. As the amendment is drawn they cannot at more than the award; but where the awar is more than 12%. they get the 12%. If the award is less than 12%, they will get the amount of the award, whatever that may be.
Mr. HOWARD. I came to put a question to the Senfrom Nevada in reference to the basis on which this claim is made. Were not the contracts regularly made with each one of the firmsmentioned in this bill, for the construction of these iron clads, and were not the prices fixed by the contracts; and where does It appear that the Government of the U.S. is bound either in law or on principles of honor to pay them more than was required by their contracts? I understand that the o ject of this bill is to supply deficiencies of that kind, and to indemnify contractors who claim that the work cost them more than the contract rice. I wish some information on this subject m the honorable Senfrom Nevada.
Mr. NYE. These contracts were made in 1862 and 1863, at a time when labor was at a given price. The vessels were to be completed within a certain time specified in the contract; but the Government admits the fact, and it is shown in the report, that for various reasons by the operation of governmental direction they were retarded in their work, and much of it was not completed until 1864, when the price of almosteve article the had to usehud oubled.
Mr. HOWARD. did not the contractors themselves contemplate that this delu might be produced by the direction of the government, and had the contractors therefore any ground to complain of the delay produced in that manner?.
Mr. NYE. When they contracted to build a lhip in a 150 days or 120 days, I take it they did not understand that the Government was to change the model, change the machinery, or to order such alterations as would require more than the time prescribed in the contract for the performance of the original work, to make the alterations, as it appears in this report was done in a number of instances. 500,000 dollars worth of extra work was done on one vessel.
Mr. HOWARD. Then I understand from the Senfrom Nevada that the Government insisted on some fundamental changes in their mode of construction.
Mr. HOWARD. Necessarily increasing the cost of the work.
Mr. SHERMAN. I ask if that was not in all cases aid for.
Mr. NYE. The extra work was paid for; but the time it took to do the extra work was as great as the contract time for doing the whole work.
Mr. SHERMAN. Still all the increased cost on account of the extra work was paid for, as I understand.
Mr. HENDRICKS. Will the honorable senator allow me to make a suggestion I
Mr. HENDRICKS. I think there is force in his suggestion so far as regards ordinary contracts; but I think it is due to the Dept to say, as is stated in this report, that the building of these ships was to some extent and almpst alto ether in this country an experiment, and the Dept had to avail itself of all possible experience, and as improvements were found necessary they had to be made. Therefore I suggest to the Senator that it is not like the construction of a ship upon old plans, and I have not been able to see that even in the case to which he refers the Dept was in fault.
Mr. SUMNER. “Navy Dept, 13th of August, 1864.”
Mr. KIRKWOOD. Now, I should like to ask, at what time were these contracts given out. for the building of these ships? In 1862, I believe.
Mr. KIRKWOOD. What proportion of the work, then, was done after the issuance of this order?
Mr. KIRKWOOD. We ought to know that, in order to see what effect that order is to have on our deliberations.
Mr. CLARK. Many of them were finished a year before that.
Mr. KIRKWOOD. I should be glad to call the attention of the Senator to the fact that the board was constituted for this purpose: “To inquire into and dotermine how much the ves sels of war and steam machinery contracted for by the Dept in the years 1862and 1863cost the contractorsover and above the contract price and allowance for extra work.” They were organized for the purpose of as certaining just what the cost was, not concerning the question whether it ought to be allowed or not. It was a more question of dollars and cents, a matter of figures. It does not touch the question whether we should make the allowance that they report.
Mr. SUMNER. Iwill say to my friend that I have no information beyond what appears in the report.
Mr. HENDRICKS. If the Senfrom Massachusetts will allow me, there was other evidence taken by the board. What was the entire evidence before the board is not communicated in the record of the board, but in readin the record of the board I find that there was additional evidence to that of the contractors themselves taken.
Mr. HENDRICKS. Upon the character and cost of the work.
Mr. HENDERSON. By whom were the witnesses suggested?
Mr. HENDRICKS. The board took the testimony of naval constructors. I believe they are oficers in the Navy.
Mr. CLARK. I will inquire if there was anybody else examined besides these construct ors and officers connected with the Navy?
Mr. HENDRICKS. I do not understand these constructors to be contractors. They are Officers of the Navy.
Mr. CLARK. Certainly, I understand that; but I do not find in looking over the report that anybody beyond those were summoned as Witnesses.
Mr. HENDRICKS. Iam not prepared just now to say that there was anybody beside these naval constructors.
Mr. CLARK. I do not see any in the report.
Mr. HENDERSON. Although my friend at Massachusetts has made a very earnest speech in favor of allowing these claims, and from which I was very much struck with the merit (as I supposed; of the claims, yet he seems not to be perfectly conversant with the whole case. I think he is rather generous on this occasion, and jumps at the conclusion that these contractors are entitled to something too readily. It s rings, however, from his mag nanimoul an generous nature, I think. I desire, therefore, to ask the Senfrom Indiana, who seems to have given attention to this subject, whether these contractors (:Oll tracted for other vessels than those named in this report of the committee during the existence of the war between 1861, the time of its commencement, and 1805, the time of its close.
Mr. HENDRICKS. I believe that the board has given us no evidence upon that question; but I understand that some of these contractors did construct other vessels, and some did not. For instance, I understand that the Messrs. Secor constructed either 4 or 5 vessels I do not know which, and their claim here is for 3. I did hear, though from no authentic source, that Messrs. Eads dz Co., of StLouis did some other work for the Government beyond thatmentioned in this bill, but what that work was I do not know.
Mr. HENDERSON. My reason for askin the question springs from the fact that I notice in the report that Mr. James B. Eads, of StLouis, who deserves a great deal of credit for his industry and energy in the construction of vessels in the early part of the war, is allowed by this board forconstructingtheMilwaukee, which was constructed at StLouis, $30, 438 84, and the allow him on the Winnebago $29, 174 20, maing an aggregate of $59, 613 04, which they suppose is the loss he has sustained in the construction of these 2 vessels. According to my understanding
Mr. Eads constructed some 5 or 6 vessels for the Government. Amul to understand that if
Mr. COWAN. Was not that the purpose for which this board was created, to ase ertam the amount of the loss?
Mr. HENDERSON. I presume so; but surely it has none of the sanctity of "curt. The Senfrom Pennsylvania is too good a lawyer to insist upon anything of that sort; and as I understand, this was a mere preparatory procee g to see whether any legislation should be he on the part of Congress to open the doors of the courts. These parties cannot O now into the Court of Claims and claim amages or ask to be reimbursed for these losses, because they have no legal right to of there. But if they have sustained losses, list us go to work and legislate so that they may be reimbursed; but how? Are we to take as conclusive this proceeding? I do not understand, as the Senfrom Pennsylvania will see on the 1st page of this report, that there was any evidence taken except the statements of the contractors and the ills that they produced. I do not charge anything corrupt or anything fraudulent upon these contractors, butI do not know that a1these bills that are reduced by the contractors went into these i entical. vessels. They were constructing other vessels. I do not suppose so that the bills show what vessels the (litierent items were contracted for. The bills do not show into what vessels the items went. As I have shown already in one case, as lunderstand, Mr. Ends contracted for 5 or 6 vessels, and it seems he lost but upon two. I know that Mr. Ends is an honor able gentleman; I am personally acquainted with him: and I know he would not present bills containing items that went into other vessels; but I do not know these other parties; and I will not act even in favor of
Mr. GltIMES. Oh, no, I did not offer it.
Mr. SHERMAN. Some one offered the resolution in the Senate, and my impression is that Ivoted for it, because I wanted to know the facts.
Mr. GRIMES. It was offered at the executive session, and there was no debate upon it.
Mr. SHERMAN. The very fact that the chairman of the Naval Committee cannot tell when this resolution was offered, under what circumstances it was offered, and what inducements led to its being adopted, shows that it had no influence whatever and ought to have no influence whatever in our deliberations.
Mr. CLARK. The Senator will see, if he looks at the resolution, when it was offered. It was offered on the 9th of March, 1866.
Mr. CLARK. It must have been, for congress adjourned on the 4th of March.
Mr. SHERMAN. That shows the folly of basing any argument upon the resolution, except the facts that e committee have brought before us.
Mr. MCDOUGALL. The Senfrom Ohio will allow me to inquire of the Senfrom NewHampshire whether he understands that the resolution was adopted after Congress adjourned. I was present when that resolution was passed.
Mr. CLARK. Here is the record on the report: “In the Senate of the U.S., March 9, 1865.”
Mr. JOHNSON. That shows when it was adopted.
Mr. CLARK. That is the time, I suppose, when it was offered.
Mr. SHERMAN. Congress adjourned on i the 4th of March.
Mr. CLARK. It could not have come over, then, from the regular session of Congress.
Mr. SHERMAN. That shows very clearly that the resolution can have no effect on the debate. It was a mere resolution of inquiry. The SecyNavy could not furnish this information himself, and therefore, atithe suggestion of some Senator, we do not know who, it was reposed that the SecyNavy should get this information by means of a board composed of some of his subordinates.
Mr. CONNESS. I will state to the Senator that the resolution was offered by the honorableSenfrom Nevada, [Mr. Nvn] I think, upon the last day of the executive session.
Mr. SHERMAN. The resolution itselfwas proper, and I have no doubt I should have voted for the resolution, because it tended to procure facts that might influence the judgment of Congress. I cannot say but what if a particular case of hardship was furnished to me, a clear case of loss, an especially if that loss was caused by any act of the Government, I might be willing to reimburse that loss of money caused by the Government. I probably would have voted for the resolution asking for this information, but it has no effect on the judgment of the Senate now. This information is given to us simply like ordinary information from an executive Dept. It is not sustained, so far as we now, by any oath. It does not appear from the report, so far as I can see, from the beginning to the end, that anyone of these contractors was put on oath. )Mr. HENDRICKS. The testimony was all under oath.
Mr. SHERMAN. It is not stated on the face of the report. At any rate, it is exparte in its very nature. Now, it seems that the amount of the claims, according to one allegation of this report, was $2, 388, 520 20, and the amount of the awards is $2, 267, 627; so that it appears that they have scarcely made any variation between the amount of the claim and the amount of the award. This is always a remarkable fact, because we know that human interests prompt us strongly
Mr. CLARK. If the Senator will pardon me, the board were not to report what they thought due, but what was the cost of these vessels, and they, of course, would take that from the contractors.
Mr. HENDERSON. The Senator will excuse me for interrupting him. The point to which I wish to direct his attention is did these this: parties who were witnesses before the board, and to whom he now refers, have any personal knowledge of the work, or were they connce tetl with it as superintendents in any such manner that they would neccessarily know that these were the items of articles that went into the construction of these identical vessels?
Mr. HENDRICKS. Of course these naval constructors being skilled men knew what ought togo into a ship. Suppose that the cost of a house is in investigation before a court; suppose we are investigating the cost of a house and the size of it is given, the material that goes into it is known to a carpenter or a mechanic just as well as if he saw each piece put into the house.
Mr. HENDERSON. Did they superintend the work or had they any personal knowledge of it or were they men connected with the Government here, naval constructors in this city, or were they naval constructors at NewYork or elsewhere?
Mr. KIRKWOOD. Suppose the horses are to be delivered 3 or 4 months hence, and the price rises in the mean time? l
Mr. HENDRICKS. Then he takes it as is speculation; but I say that the mechanic who undertakes to do work for the Government which cannot be completed within 6 months, and which is not, because of the act of the government, completed within 18 months. does not stan before the country and before Congress as a speculator. Here are men in NewYork that have shops; they are doing work for the country; they are building machinery for the demands of the business of the country, making money, and the Government says to them, “ We want a ship built.” They devote their entire energy, their capital, and their machineryto the production of this ship. It is nota matterof speculation; it is an enter prise for the benefit of the Government.
Mr. TRUMBULL. Will the Senfrom Indiana allow me to inquire whether this is a bill for the benefit of mechanics or contractors? How much of this money will go to the work men that he is talking about?
Mr. MCDOUGALL. Permit me to ask the Senator a question. I have not listened to the entire debate. In there an exceptional case in regard to the Comanche? Mr. HENDRICKS. Yes, the Comanche is excepted by the amendment. The entire award was $2, 267, 627 18. A restriction to 20 or cent. upon the cost price Wouldbe $1, 721, 624 68. Reducing it to 15 %. I suppose would allow $1, 300,000 or $1, 400,000; and reducing it to 12%. I suppose Would leave it about $1,000,000, so that the Senfrom Iowa proposes that these contract ors shall lose above $1,000,000 by his amend ment. Now, I submit to the Senate that as the entire loss is proven before a board organized by the Government itself, at least by a Dept of the Government, to be above $2,000,000, is it not enough that you ask it to be reduced $1,000,000, that you should make fall on these contractors a loss of $1,000,000? The Senfrom Ohio says that this was an exparts examination. If it were proused between 2 men to arbitrate a matter O dispute between them, and it was agreed that one of the litigatin parties should select all the arbitrators, er aps it would be said that was at pmtc. e selects the court himself, and certainly he cannot complain of the award when made. Under a resolution of the Senate the Government itself selected the boahl. These contractors, whose interest depended on the judgment of the board, had no voice in the selection of the men that were to try their case. The SecyNavy, representing the Government, organized the board). That board, having no interest, no sympathy with the contractors, but of the Governments own selection, heard the testimony for 5 months, and made its award.
Mr. SHERMAN. As a matter of curiosity I would like to ask my friendfrom Indiana if the SCOTUS is an exporte tribunal. I need hardly ask him for an answer.
Mr. HENDRICKS. No, sir, I never esteemed it so.
Mr. SHERMAN and at the SCOUTS is selected y the POTUS, and decides causes in which the U.S. are interested. Therefore his argument that this is an exparts board, because appointed by an officer of the U.S. is hardly of much force.
Mr. HENDRICK. The suggestion of the Senator is forcible, but it was not myself that was saying this was an exparte proceeding. I have not complained of it as an ear arte one. lam answering the argument of the Senatoi from Ohio; he said it was an exparte proceeding, and the award was exparte. If it was experts at all, I was going to show it was at parte on the side of the Government, not on the side of the contractors.
Mr. SHERMAN. The evidence was exparte, that is what I said.
Mr. HENDRICKS. So ihr as the evidence is concerned, it is from the mouth of the parties themselves and from the mouth of (government officials. Neitherin the organization of the board nor in the evidence that was heard by the board was it an exparte proceeding. If the Senate are willing that these men shall be destroyed in an enterprise that was so important to the Government at the time, in an enterprise in which they were materially interfered with by the Government itself, then I submit to the judgment of the Senate, it is not my judgment. I do not think our country requires it. I do not think the constituency I represent ask it at my hands. I do not think that between man and man they would themselves render such a judgment. When the Government itself has interfered so that the contracts were not completed at the time contemplated, so that these parties had to pay instead of 60 dollars, $145 perton for iron, I do not think that the constituenc that I Representwill desire me to say that al of this loss shall fall upon the enterprising men who gave up their shops from protable employment to an employment that yielded no profit. We ask no profit for it; we ask simply that they shall not be destroyed; and the imposition of the Senfrom Iowa is (and with the slight amendment proposed by the Senfrom c vada I will agree to it, and if that should not meet with the concurrence of the Senate I would then 11 cc to the proposition of the Senfrom Idwa) that olpthe 552267900 of loss more than $1,000,000 shall still full upon the contractors.
Mr. CLARK. I have found a good deal of difficult in regard to this class of cases, and the difficulty arises from their being classed together. I have no doubt, from the examination I have made, that there are meritorious cases included in the bill, and perhaps there are some cases which ought to have as high an award as this board has reported. I am satisfied flow the examination I have given that there are others who ought not to have anything at all; so that if I vote for the bill either in the amended form or in the form in which it comes from the committee I am likely to do injustice to somebod. I have been, Mr. Sresident, casting around to see what we could do with a proposition of this kind. It 1st occurred to me thatyou might refer it to the Court of Claims, but yet I am satisfied that the Court of Claims would not do justice to some of the cases that are here, because a man may not have a legal claim who may have an equitable claim and he would not be able to recover there; and yet I am satisfied that this board, which was constituted at the last session of Congress, was not a board to report upon what was due to these contractors; it on] considered one side, that is, what the vesselyshad cost these men; it did not consider the other side, what deductions ought to be made by the Government in paying them the amount; so that it cannot be called any fair arbitration, or award, as the Senfrom Indiana termed it, because they considered only one side, that is, the cost. If the question had been submitted to the board what deductions shall be made from the cost when you find it, that would have been an entirely different thing; but they were instructed only to consider what was the cost of the vessel in each case, and report to congress and yet the Senfrom Nevada so stat having committed it to them to award the cost, we are bound to pay it. I do not understand it so.
Mr. CLARK. That was the substance of what I understood the Senator to say.
Mr. NYE. I said that, admitting the principle that anything is to be paid, we shoulfl pay the ascertaine can.
Mr. CLARK. I cannot quite agree to that, that if anything is to be paid we ought. to pay the award. if that is what the Senator means.
Mr. CLARK. If the cost is to be aid, we are to pay what is reported; but we him not come to an agreement to pay what the cost is reported to be, because it lays out of the case entirely the equities on the other side. Now, if you will constitute a board, and a fair boardI de not care who you take, whether they are builders, mechanics or merchants, if they are fair people, and refer the matter to them with not onty to say what ought to be paid under all the circumstances by the Government, then I might perhaps be willing to abide by that award; at I am certainly not willing to abide by an award which has been made showin only the cost, when so far as loan ascertain and the Senfrom Indiana will correct me if I am wrong the committee did not receive any new testimony on that point. He will allow me to inquire whether there was any testimony before the committee oin to show what deductions should be made of er than what came from the report of the board.
Mr. HENDRICKS. In reply to the Senator I will say that at the last session of congress the committee had before them 2 of the heads of bureaus in the Nav Dept, the head of the Engineering lgureau and of the Construction Bureau, Mr. Lenthall and Mr. Isherwood and also Sifperintendent Wood. They testified before the committee at the last Bastian. What they testified at that time was incorporated into the report made by the committee at the last session, and it is extracted into the report made at this session. The committee had also before them a document certified to by Admiral Gre ory who had charge of this work, showing no cost of labor and materials from time to time the table which is appended to the report. I do not know whether that was before the board or not. I do not know of any other testimony that was before the committee that was not before the board. I
Mr. CLARK. I understand that at the last session, before the committee as then constituted, some testimony was iven. I do not know whether the committee is t ie same now or not; probably it is nearly the same; lint at this session, after this re)OlI.from the board comes to them, they consi or it and consider in addition what was said at the last session, and the orideuce furnished them then. Now, I want to say one word in regard to the table, for I am satisfied that the table is not made up correctly in some instances. Take, for instance, the cost of pig iron in 1864. It is said to be in the month of January, 45 dollars; in the month of February, 50 dollars; and so running through. I happen to have in my possession an affidavit, furnished by aliouse in NewYork, of actual sales, and they quote the sales from their books made through the months of 1864, all the months, and I have compared it with this ta ble, and the actual sales which they made were from ten to 15 %. lower than the prices quoted in the table. But Ihnve not had the opportunity of examining the table further, because Ihad no means.
Mr. WILLEY. I ask the Senfrom NewHampshire whether t hciron, the sales of which he refers to, was the same kind of iron and of the superior qualit required for these vessels.
Mr. CLAItlI. Tcannot say what quality it was. It is quoted as pig iron, as the general notation is here “American pig iron.” It 008 not appear from this table what the quality was.
Mr. HENDRICKS. It was a very superior quality.
Mr. CLARK. It may have been very supe rior, but I do not understand it to be so.
Mr. GRIMES. That would depend some what upon what it was used for in either case.
Mr. CLARK. For common ordinary casting: it would not require a very superior quality
Mr. GRIMES. If it was to go into the engines it would require extra iron. If the pig iron was to go into the dome of the Capitol it would not necessarily be very superior.
Mr. CLARK. But I was not proposing to comment on that, because I am willing to take the tables as I find them for the purpose of what I have to say. I want to call the attention of the Senfrom Indiana to the 1st case reported here, to show what may be the uities on the one side and the other. If he Will take the report and follow me a little while, I will call iis attention to the case of the 10500. It will be found that the contractors for building the hull of the Ioseo Were Larrabee & Allen, and they went on to construct the vessel, and they brought in their bill of costs, and their costs exceed the contract price and the extra work by $11, 708 97. It is the 1st case upon the list. If the Senator will be kind enough to turn to page 10 of the report of the board he will find this case of the Iose o specially reported: “ Regarding the U.S. steamerIose o, side Whocl, donhle ender: on the part of the contractor! and builders of the abovevesselafig pgreglbeforo the board A. L. Allen ship builder, I 1 ainc, who under oath stated that the contract for the above vessel was signed by the Navy Dept on the 9th day of September.1&32i, n which he wasallowed 126 days to launch the yes set or until January 13.186;, but the vesselwas not put into the Water until March a). 1863, the vagsel Gcriengeor detained on the stocks by order of Admiral and Inspector Pools” Now, this is the reason “as the engine builders were not ready to set up tWhoereknsg, ine; thiit the vossel wns delivered to the globe South Boston,:irch 24, 1W6: that 30 days, or until May 13. were allowed to erect the machineryon board. but] the work was not completed siitilnliliirch 5, 1864. 346 nys. The engine builders were, to have erected that work in the vessel in 30 days, and they took 346 days to do it.
Mr. JOHNSON. Is any reason given for the delay? I
Mr. CLARK. There is no reason given for the delay here; I am going to go on a little further.
Mr. Allen says further: lau"Tnchhaint ghis vesse l could not.have been ready for at the expiration ofthocoiitrnct and they were in no fault for this delay or lossoftime to government; that the contraotprice torthe vesse ldo livered at Boston aine unte to $75, 500: that the entire cost of the vessel was $91, 81591; that in addition to the contract price he hasbeenpaid by bureau for extra work 1,53584; that the costto him of the vessel over am above the contract and extra bills paid was $11, 810(77; and would statethat, in addition to the rent extra expenseto which he was placed by twhoerkd, o ay of the engine builders to complete their he was obliged to keep watchmen and to furnish material and outfits at greatly increased prices and larger wages for labor.” You see he was put to great extra expense by the delay of the engine builders.
Mr. JOHNSON. Permit me to ask whether the engine builder is allowed anything in this hill 3
Mr. CLARK. Yes, sir. The engine builder is allowed, as I will show presently, something like 30,000 dollars for the delay. want to call the attention of the Senate to the contract for the hull and the contract of the engine builder to show the injustice that is to be done here. The contractor who built the hull clearly ought to be paid; he was delayed by somebody; A miral Grcgo and Constructor Pook kept the vessel on the stocks until it was necessary for her to be sent to the Globe Works to have her machinery put in, and then when she got theye 30 days were to have been consumed in putting in that machinery so that he could have finished his vessel, and yet these engine builders took in the whole 346 days to put in that engine and he was put to this delay. The board have rightfully awarded him, probably, 11,000 and odd dollars fort at delay. but the question is who should pay it. Do you propose that the Government should pay it when the engine builders caused that delay, not the Government; the Government were in no fault.
Mr. JOHNSON. I suppose the engine builder contracted with the government, not with these parties.
Mr. CLARK, Yes, with the Government! so that the Government would have to stun between the contractor for the hull and the contractor for the engines, but in equity it should come out of the engine builder.
Mr. JOHNSON. In the end it should uc cording to these facts; but you would not throw the builder of the hull on the engine builder.
Mr. CLARK. Certainly I would not; but if I had to ay $11,000 to the builder of the hull for the clay of this engine builder, I would not give this engine builder $30,000 extra over his contract for doing it.
Mr. CLARK. Now let us turn to page 15 of this report: “Appeared beforethe board Daniel N. Pickering, treasurerof the Globe Works, South Boston, Massachnse tts on the part of the company contractorsfor the machinery of the doable enders Tome and Massasoit. Under oath stated. but the contractsfor these vesselsweredatedby the avy Dept August 15, 1862in which they were allowed 7 months or until March 14.1w" Wlien the vessel was ready “to complete the machiner and deliver the vessels to the Government, but the lilassasoitwnsnot socoin pleted and delivered until the Jth of January, 1364, nciopratlhceaIuossecoofudnetillatyhhool whothf Jeudiiiiiluhrcy u.lty1Sin64o.bthtaeipnrin ign Workman, as the domain for the servicesof men in the Army and Navy wassogreat, and alsoon account of tlzonnumbor of vesselsbeing built by the Government. Because the Government was choosing to build vessels in other yards these people were delayed, and therefore you are to pay them for their delay and nowyou allow for this on no of the Iose of the sum of $20, 780 because hey did not finish it until nearly a year after they agreed to do it. You compel the Government to pay $11,000 on the hull because they were not read, and then give them $20,000 for that delay. hat is the justice of this operation, and that is the “justice” to these contractors which the Senfrom Indiana talks about. I have got as strong a case as that in another instance. I have had time to examine only 2 or 3 of these cases, because one cannot O through 42 cases in one day.
Mr. JOHNSON. Is that the only excuse in that case?
Mr. CLARK. That is the only excuse. I will read the whole of what was said.
Mr. JOHNSON. You need not on my account.
Mr. CLARK. They say that the demand for men for the Army and Navy, and the number of vessels being built by the Government, made it “ impossible, with t 10se arcity oflabor, to fulfill the contracts within the given time.” There is the whole of it. Now, it the Senate will turn to the case of the Chenango, on page 4, “they will find: gpearod before the board Jeremiah Bimonson, shlpiiilder, and constructorof U.S. stcumer Chennngo, underoathstated the wholeamount of cost of abovevesselto have been 891, 4“ 81; the amount of extra Work allowed and paid by bureau, $3, 53817. the amount of contract, 875,000;and presented the nce ompanyingsworn statement, marked 3, showing the costofthatvesse loverand above the contract price and allowance paid for extra work to be 816, 44181." and here in the table you find $16, 441 81 for the steamer Chenango. Now, what was the occasion for that? Mr. Simousons statement proceeds: "That the contract for the hull wasdated September 0, 1662 and the vesselto be launched on January 13, 1863, (126 days) that the hull was really for launching at that time. but was detained on tic ways by request of the naval constructor and inspector of hulls, S. M. Pook, to be hereafter shown, as the steam machinery was not ready." The same excuse again; the steam machinery was not ready; this man was delayed because the steam machinery was not ready. “That the hull waslaunchedonMarch 19, 1863a.nd that no inju arose to the Govarnment from delay on his part; that the contractors for the steam ma oliinery were allowed until May 8(ll ft)dlly f o erect on board the engines, kc., but occupied anticccinber 30, 1863, (284 day s.") It took 284 days to get that machiner in.
Mr. JOHNSON. Where was the machinery to be built?
Mr. CLARK. Iwill show the Senator presently; I do not now remember; but I will call his attention to it.
Mr. JOHNSON. I thought you had it before you.
Mr. CLARK. It is in another part of the volume, page 18. This was built at the Morgan Iron Works, NewYork. Now, I want senators to bear in mind that there was no delay here on the port of the contractor for the hull. He was obliged to keep his vessel unfinished because the steam machinery was not erected in her, and was put to delay on that account, and they took 284 days to erect that machinery, and he claims of the Government, and has been allowed by the board, the sum of $16, 441 81 on account of the delay of these people in erecting that machinery 1 in his boat. I at is the sole cause of it. Now, let us turn over to page 18 of the report and see what the Morgan Iron Works, who were to build this machinery, did; here is the statementof mr. Quintard, who is the man that got up the table appended to the committees report: " Appeared beforethe board, GeorgeW. Quintard. proprietor of the Morgan Iron Works, NewYork and contractor for the machinery of the double enders Chenango and Asentncy; also for the bull and machinery of the iron clad Onondaga. Under oath states, that the contractsfor the Chenungo and Ase utncy weredatedby theNavy DeptAugust 15.1862.inwhich he was allowed 7 months or until March 16.1863.to complete the machinery of said vesselsand deliver them to the Government, but the Chenango was not so completed and delivered until February I, 1864." The Chenango was not completed until Feb ruary 1, 186 1, ten months after he agreed to do it, and he had been keeping this hull all the time unfinished and putting the man who built it to expense because he failed in his contract.
Mr. JOHNSON. What reasons did he assign? h
Mr. CLARK. I vnll go on and read the reasons he assigned: “ The principal causesof the delay in completing the mac inery of these vessels were scarcity of labor, difficultv of obtaining materials. strikes and having to close is shopfor 2 months on account of mobs in the summer of 1865." Nothing in the world in which the Government was concerned, things likely to happen, perhaps, to any contractor; and yet be de ayed that hull ten months, putting the Government to the cost of $16,000, and now he wants the Government to ay him for all that delay just what the mac iner cost.
Mr. CLARK. For the Chenango there was allowed him extra for putting in that machinery, ten months after it should have been, $26, 826 33. It is said that the Chenango blew up on her trial tri, butI am not talking to that point. I am taing this work as if it iad been done well. I am speaking of the delay which be caused and his equity to have pay from the Government.
Mr. Quintard says, further: “ That he was relieved by an act of Congressfrom the terms of his contract, so far as the time of completion wase once rned and that the Deptwas fully satisfiedthat it was finisbednssoonaspossible; that the excessof cost over and above the contract price was on account of the continued rise in the price oflabor and material: that the totnlcost of the machinery for both vessels, including charge of 10%. for use of shop.tools. he" was $21555267; that the contract price of both vessels paid by the Government was $164,000I.caving a balance. the excessof cost to him, over and a ove the contract price. of651.65261., That is $25, 826 34 for each vessel; and this man who has delayed you ten months and put you to the expense of $16,000 on one vessel as the impudence to charge you 10%. on his whole stock and tools, and your commission allow it.
Mr. CLARK. It simply sa 5 10%., Without reference to time; an new there is an appeal to the equity and justice of Congress to pay that demand! These are the only 2 cases in this whole report which I have examined, and I have no doubt that if I were to follow it through I should find others of a similar character. I took the I 1st and then took another at haphazard tosee how they would come, and I find that result.
Mr. JOHNSON. I do not see exactly how he could charge for the use of his shop and tools. That was included, I suppose, in the contract rice.
Mr. CLARK. I suppose he kept some account of the labor and ) material he had put. into this vessel, and then charged 10%. on the tools and shop as a part of the cost of the vessel.
Mr. JOHNSON. During the ten months he delaed it?
Mr. CLARK. I suppose 10%. for one year. I do not wish to be severe on these contractors. I only make these observations for the purpose of showing what injustice you are likely to do hereto the Government and the people who pay the money; for while these contractors are to be protected, the tax payer also is to be regarded. While you under take to do justice to those who deserve it, you certainly cannot do it in this inconsiderate way, which encourages those who have no just claim to come here with the expectation that Congress will pay any amount which they make out. Now, I ask the Senate to pause; I do not know what is best to be done. I do not think the amendment of the Senfrom Iowa reaches the case entirely, if you cut it down to 12%. I doubt if some of these parties ought to have anything, and perhaps some ought to have 50%. It is the indiscriminate lumping of 42 cases in one bill that works the mise hief. Give us one by one if it takes time, and let us consider each or establish a board that will consider the cases one by one, and give each man his due, not bring all up here in this omnibus which is to carry everything to the end of the journey and make you pay thie fare. Mr. President, I am oppoaed to this bill. I have heard all that has been said about war times; I have heard all that has been said about justice to mechanics; but let us be just to the eduntry and to the constituency werep resent, for you will bear in mind that the 42 gentlemen who claim here, though eminent gentlemen they may be and deserving consideration, are but a drop in the bucket of the great people who are interested in this matter.
Mr. TRUMBULL. Will the Senfrom Maryland give way? I think we might as well adjourn. We shall hardly get through with this bill today. We are sittin very long.
Mr. JOHNSON. That woulfi be very agree able to me.
Mr. TRUMBULL. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tonsnnr, April 17, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxros. The Journal of yesterday was read and approved. REV. RICHARD FULLER.
Mr. J. L. THOMAS asked leave to with draw from the files of the House the petition and papers of Rev. Richard Fuller. Leave was granted, and the papers were accordingly withdrawn. RIVER and HARBOR IMPROVEMENTS.
Mr. ELIOT, from the ComCommerce, reported a bill making appropriations for the repair, preservation, and comp etion of certain public works, and for other purposes; which was read a rst and 2nd time, referred to the ComWhole on the state of the Union, and ordered to be printed. EXCUSE FROM SERVICE ON A COMMITTEE.
Mr. SHANKLIN. Mr. Speaker, I desire to submit a proposition to the House. I ask to be discharged from further service on the Committee for tbeDistCol. I feel, under the circumstances, that I can no {longer hold that position with profit to the I country or honor LC myself. Therefore I ask I to be discharged from further service on that committee. The gentleman was accordingly excused.
Skip Skip LEAVE OF ABSENCE. Mr. WASHBURN, of Indiana, asked and obtained leave of absence for his colleague, Mr. HILL. SENATE BILL RETURNED.
The SPEAKER laid before the House the following communication from the SecyS: IN Senate or rm: U.S. Apr {[16, 1866. Resolved.That the Secretary be directedto request the HoRep to return to the Senate a bill of the House (H.R.No. 458) grant lnga penson ta Sarah E. Pickcll. which was postponed indefinitely on the 13thinstant. J. W. FORNEY. Secretary. According to the usage of the House, the bill was ordered to be returned to the Senate.
Mr. SCHENCK. I call for the regular order of business. The House accordingly proceeded to the regular order of business, which was the calling of the committees for reports, beginning with the ComInvalid, Pensions. ADVERSE REPORTS.
Mr. BENJAMIN, from the ComInvalidPens, reported adversely on the following cases, and e some were laid on the table: The petition of Elizabeth J. Brooks, widow of Thomas J. Brooks; and The petition of George W. Bonnin. JOANNA WINANS.
Mr. BENJAMIN, from the ComInvalidPens, reported a bill granting a pension to Mrs. Joanna Winans, mother of eorge W. Winans, acting asst paymaster of the U.S. Navy. The bill was read a 1st and 2nd time. It grants a pension, at the rate of 20 dollars permonth, during her widowhood.
Mr. WASHBUHINE, of Illinois. I call for the reading of the report. The report was read.
Mr. W. SHBURNE, of Illinois. I desire to inquire whether this case is not.provided for by the general law.
Mr. BENJAMIN. It is not provided for by the general law, the absence not being on sick. leave.
Mr. WASHBURNE, of Illinois. What are the peculiar reasons for passin this special bill? I am pretty liberal in regar to this matter of pensions, but I would like to know something of the principles by which the ComInvalid pensions are governed. Now, I sent a case to the committee where a widow made an application fora pension on the ground that her son had been killed in the service. But a very short time before he was killed he had been married; if he had not been married, then his mother was in that position that she would have been entitled to the pension. His widow afterwards married and thereby forfeited her pension. Now, the mother comes in with her etition and asks that she may be entitled to the pension which she would have been entitled to had not her son been married. I understand that the committee declined to report a bill of that kind, which was certainly one of the strongest cases I have seen presented to the House. I talked to the ComrPension about the case, and while he thought it came within the spirit of the law, it was not within the letter of the law, but. he thought it one of the most appropriate cases upon which Congress could legislate. Now, I desire to know the principle by which the committee are gOVerned, whether it is fish for one and flesh for another.
Mr. BENJAMIN. That has nothing to do with the case under consideration. The report of the committee now before the House stands by itself. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and beiu engrossed, it was accordingly read the thi time and )assed. Mr. BENJA.HIN mtRtv the bill was passed; upon the table. Agreed to. ANN nizrn.
Mr. PERHAM, from the ComInvalidPens, reported back, with the recommendation that it do pass, bill of the Senate No. 201, for the relief of Ann Hcth, widow of William Heth, of Harrison county, Indiana. The bill directs the Secrets: to place the name of Ann Het, widow of William Heth, of Harrison county, Indiana, who was killed by the rebel Morgans men while resisting their advance upon Corydon, Indiana, upon the pension roll at the rate of 8 dollars permonth, to commence on the 0th of Jul, 1863, to continue during her widowhood.
Skip Skip The report having been read, the bill was ordered to a 3rd reading; and it was accordinglly read the 3rd time and passed. Mr. PERHAM mtRtv the bill was passed; upon the table. Agreed to. MKS. MARTHA J. WILLl IY.
Mr. STILWELL, from the ComInvalidPens. reported a bill for the relief of Martha J. Willey; which was read a 1st and 2nd time. The question was upon ordering the hill to be engrossed and read a 3rd time. The bill provides a pension of 8 dollars a month, to Mrs. Martha J. Willey, widow of George w. Willey, late a corporal in company I", 7th regiment of NewHampshire volunteers. the pension to commence on the 18th of April. 1865, to continue during her widow hood, and in the event of her marriage or death, to go to the mine r children of George W. will ley. subject to the limitations and restrictions of the pension laws.
Mr. WASI IBURNE, of Illinois. I ask that the report be read. The report was read. It states that George W. Willey enlisted at Dover, NewHampshire, about the 29th of December, 1861, reienlisted at Fernandina. Florida, in 1864, atwhich time he received a furlough for 30 days, before the expiration of which he died of congestion of the lungs at Dover, NewHampshire, on April 18, 186 3.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd tinic and passed. Mr. STILWELL mtRtv the bill was passed; on the table. Agreed to. MARY A. lAlRlCK.
Mr. STILWELL, from the ComInvalidPens, reported a bill for the relief of Mrs. Mary A. Patrick; which was read a 1st and 2nd time. The question was upon ordering the bill to be engrossed and read a 3rd time. The bill grants a pension of 20 dollars per month to.Irs. Mary A. Patrick, widow of Iathew A. Patrick, who was a captain of the 1st artillery of the U.S. Army, the pension to commence on the lat of January, 1850, and to be continued during her widow hood.
Mr. WASHBURNE, of Illinois. I ask that the report shall be read. The report was read. It states that Mathew A. Patrick entered the Arm in 1814. as ensign, and died on the 6th of arch, 1834, having of the Interior been promoted to be a captain of the 1st l artillery; his death being caused by disease E contracted in the service while on special duty.
Mr. WASHBURNE, of Illinois. If the report of the committee sets forth the facts of the case, I would like to know wh this lady is not entitled to a pension under the general pension law. It is said that this Patrick died of disease contracted in the service while in the line of his duty. If that is so, why is it that there is any necessity for a special law in this case?
Mr. STILWELL. This old lady is now 74 years of age. She never made an application for a pension until this time, and now only asks that the pension to which she is entitled shall date back to January 1, 1860. The surgeon who attended her husband at the time of his death has since died; thus producing a break in the chain of evidence required by the general pension law. But the certificate of the Adjutant General is on file:vith the papers in this case establishing the acts.
Mr. WASHBURNE, of Illinois. We are asked to do something which Congress has rarely if ever done before; granting a pension to date back before the passage of the bill. We are asked to grant a pension to this lady to date back 6 years. I do not know that it is of any use whatever to oppose any of these pension cases, no matter what principle may e involved. But I think this is oing further than we have ever gone before under any state of circumstances.
Mr. STILWELL. This lady is strictly entitled to a pension from the 6th of March, 1834, when her husband died of disease contracted while in the service. But she does not claim that; only asks for a pension from Jan uary, 1860.
Mr. WASHBURNE, of Illinois. If she was entitledto a pension, she has waived her right to it heretofore and now she comes here, having waived her right, if it ever existed, and asks us to pass a bill to give her a pension dating back for 6 ears.
Mr. STILWELL. She comes here now because she is poor and in indigent circumstances.
Mr. WASHBURNE, of Illinois. I have no doubt this old lady may be a very meritorious subject for charity. But I contend that we have no right to legislate for charitable purposes. If we do the money in our Treasury might O out a little faster than it now does, and it might possibly give out. I do not see any principle upon which this bill can be passed.
Mr. BENJAMIN. This case, Mr. Speaker, is somewhat new to me. I was not aware that the committee had agreed to reportabill going back the length of time that this does, or even going back at all. I have been present at all the meetings of the committee that have taken place when I have been in the city, though there have been some meetings held when I was absent from the city. I ask the Gentfrom Indiana [Mr. STILWELL] to consent to the postponement of the bill till the next call of the committee, one week hence. I would like to examine the matter further. I think the bill should be amended.
Mr. STILWELL. A majority of the committee have recommended the reporting of the bill. I have only carriedonttheirinstructions.
Mr. PERHAM. I feel that I ought to say that I have no recollection of an action of the committee agreeing that this bill should go back as far as is proposed. As to the merit of the case, I recollectit; and the committee, I believe, were unanimouslyin favor of a pension; but I am not aware that there was any authority to extend the pension back so far.
Mr. BENJAMIN. If it be in order, I will more to strike out the clause which provides that the pension shall take effectsix years back.
The SPEAKER. The Gentfrom Indiana [Mr. STILWELL] is entitled to the floor.
Mr. TILWELL. I yield to my colleague, [Mr. wASBBURN
Mr. WASHBURN, of Indiana. I desire to ask the chairman of the committee [Mr. Pun HAM] whether he is not satisfied that a pension ought to be granted in this case.
Mr. WASHBURN, ofIndiana. If this lady is entitled to a pension at all, she is entitled to one for 32 years back instead of 6 years. But, as I understand, she asks it for only 6 years back; and therefore the committee have reported the bill in that form. If justice were done, she should receive a pension from March 6, 1834. The bill provides for giving her a pension for 6 years back, as she does not ask more.
Mr. PEItHAM. In answer to the Gentfrom Indiana, I ought to say that our committee have had before them a large number of petitions for the enactment of a general law to give pensions to all who served in the war of 1812. The committee have declined to report favorably on that subject; but we have to en up and reported favorably many individual cases which appealed most strongly to our sympathies, and which we thought would meet the up robution of this House and of the other branc of Congress. They were cases which did not come under the provisions of any general law. they were isolated cases, the circumstances of which, as the committee thought, justified the granting of pensions. In this case, if we grant this lady a pension from the time of the passage of the act until her death, we shall, I think, he treating her as well as she could expect.
Mr. WASHBURNE, of Illinois. As I understand, the idea of the committee was to report a bill, corresponding with other pension bills, the pension to take effect from the pas sa c of the act.
Mr. TAYLOR. I hope that this bill will not be recommitted. The committee have had the case under consideration, and know as much about the circumstances as they would if they should attempt a reexamination of the case. There seems to be some misunderstanding as to the date when this pension should commence. The bill proposes that it shall commence in 1860. here has been a rule established in the committee that all pensions of this kind shall commence from the passage of the act. This case does not come within the general pension law, because of the absence of the recurd evidence of the death of this officerthe certificate of the sur con. If that could be procured, the pension of this lady would date back from 1834. There is, however, satisfactory evidence in the case that the husband did die from disease contracted in the service; and in order that this case maybe disposed of now, I move to amend the bill by striking out the words, “to take effect from and after the pas s e of the act.”
Mr. STILWELL. I will consent to the amendment; and I call the previousquestion.
Skip Skip The previous question was 2nde and the main question ordered; and under the operation thereof the amendment was acreed to. The bill, as amended. was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. STILWELL mtRtv the bill was passed; on the table. Agreed to. AGNES W. LAUGHLIN.
Mr. PERHAM reported back from the ComInvalidPens, a bill (S.No.241 entitled “An act directing the enrollment of gnes W. Langhlin, the widow of adeceased soldier, as a pensioner.”
Skip Skip The bill was ordered to a 3rd reading, was read the 3rd time, and passed. Mr. PERHAM mtRtv the bill was passed; on the table. Agreed to. MRS. SARAH E. WILSON.
Mr. PERHAM, from the same committee, also reported back Senate bill No. 252, granting}! pension to Mrs. Sarah E. Wilson, with the recommendation that it do pass. The bill, which was read, provides that the SecyInterior be authorized and directed to place the name of Mrs. Sarah E. Wilson, widow of William H. Wilson, late acting surgeonU.S. volunteers, on the pension roll, at the rate of 17 dollars permonth, to commence from the passage of this bill, and to continue during her wrdowhood. It appears from the report, which was also read, that William H. Wilson, the husband of the applicant, was ser aunt of company I, 82nd regiment L NewYork volunteers; that he was a practicing physician and surgeon of good standing in his profession; that at the battle ofBull ltnn, July 21, 1861, he was detailed to act in his professional capacity on the field; that while so acting he was taken pris oner by the enemy; that he remained in the hands of the enem as a prisoner until the fall of that year, when he was paroled and returned to his home; that at the battle of Antietam, being still unexchan ed, he reported to the properauthorities at Iiashington in his rofcssional capacity, and was sent to the butt e field to assist in caring for the wounded; thathe discharged that duty faithfully and well, and while in the discharge thereof contracted the disease whereof he died March 22, 1863.
Skip Skip The bill was ordered to a 3rd reading, and it was accordingly read the 3rd time and passed. Mr. PERHAM mtRtv the bill was passed; upon the table. Agreed to. MRS. EMERANCB GOULEB.
Mr. PERHAM from the same committee, also reported back Senate bill No. 260, granting a pension to Mrs. Emerance Goulcr, with the recommendation that it do pass. The bill, which was read, provides that the SecyInterior be, and he is hereby authorized and directed to place the name of Mrs. Emerance Gonler, widow of Charles Gouler. late a private in company F, 9th NewHampshire volunteers, on the pension. roll, at the rate of 8 dollars permonth, to commence from the passage of this bill, and to continue during her widowhood. It a.pears from the report, which was also read. that Charles Gonler, the husband of the petitioner. was a private in company F, 9th regiment NewHampshire volunteers, and was admitted to Satter ee U.S. general hospital, Pennsylvania, on the 28th of May, 1864, sufferin from fever. That on the 8th of October following he received a pass from said hospital to leave the premises for a few hours, and that no information was afterward received concerning him until November 29, 1864, when it was stated by soldiers that he had been drowned. Upon an invostigation by a coroner over the bod of a soldier found in the Delaware river at ine street wharf, Ihiladelphia, Pennsylvania, October 14, 1864, he was identified by the pass and other papers found on the body.
Mr. WASHBURNE, of Illinois. If I understand this case, Mr. Speaker, this partywasasol dier who was accidentally drowned. If that be so, I do not know why we should make thisan axcetional case. If we are going to act on it we a mold pass a general law.
Mr. PERHAM. There is a whole class of cases which we have considered. I do not know whether this is one of them. The facts O one case are that a sick soldier was ranted a sick furlough and was sent to NewYork in company with 6 or 700 soldiers. The vessel which he was on was sunk with nearly all on board. But I am not sure that is this case, though Very much like it.
Mr. BINGHAM. I desire to bring to the attention of the honorable Gentfrom Illinois that we are to passupon these special cases which are not included under the general law. This case is upon a like state of facts referred to by the chairman of the committee.
Mr. WASHBURNE of Illinois. I beg the gentlemans pardon. I ask the Clerk to road the report, so that the members of the House may hear it. I he report was again read.
Mr. PEHHAM. This case has been examined carefully. It was discussed at length by the Senate, was passed and sent to us. The committee here, after investigation, aproved it. It is now before the House, and I think ought to be passed. This man had a fever contracted in the service and if he had died in the hospital there would have been no difficulty about a pension. He received a fur lomli for 5 orsix hours, and on being missed his potlV was found in the river.
Mr. BINGHAM. He was sick when he Went out.
Mr. WASHBURNE, of Illinois. I do not see upon what ground you will grant this onsion. This man did not lose his life whi e in the line of his dut.
Mr. BINGHAHI. I do not think we should look narrowly into these cases. This soldier was suffering with fever and was in hospital. If, instead of erishing in the river, he had died in hospitalj the pension would have been ranted under the law. He had a temporary urlough, and was found dead in the river. No one is able to say how he lost his life.
Mr. WASHBURNE of Illinois. I beg the entle mans pardon; there is no fact of that kind up cars on the face of the report.
Mr. INGHAM. The fact has been stated in the hearing of the House by the chairman of the committee, that he was suffering under his disease.
Mr. WASHBURNE, of Illinois. I presume the chairman of the committee knQWs nothing more about it than is stated in the report, an that states nothinv of the kind.
Mr. amount. I take a for granted that he knows what he states that he was still suffering and got leave of temporary absence, and during that time he was found dead in the river. No one will deny that if he had died in the hospital his case would have gone on the pension roll.
Mr. PERHAM. In regard to his suffering in consequence of disease, I have only to say this: the practice in the hospital is to dischar c soldiers whenever they are in a condition to e discharged, and I suppose that this soldier was not in a condition to be discharged. I have no desire to discuss this matter at further length. I am willing to submit it to the House. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was read the 3rd time. Mr. WASHBURNE, of Illinois. I ask for a division on its passage. On the passare of the bill no quorum voted. The SI fiAIfER ordered tel ers; and aplointed Messrs. Panama, and Wasnnuusn of line is. The House divided; and the tellers reported yes 6 ! noes 38. he SIEAKER. The Chair votes in the affirmative to make a quorum, and the bill is accordingl asse d. Mr. PE t AM mtRtv the bill was passed; on the table. Agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound truly enrolled bills of the following titles: An act H.R.No. 184) to authorizethe sale of marine os itals and ofrevenue cutters; and An act (H.R.No. 25) for the relief of Thomas Hurly. ORGANIZATION OI THE PENSION OFFICE.
Mr. PERHAM. The ComInvalidPens have instructed me to report back House bill No. 278, in amendment of the soveral acts relating to the organization of the Pension Office, with an amendment in the nature of a substitute therefor. The bill was read. It makes the salary of the ComrPension equal to tl at of the ComrPatents and the salary of the chief clerk of the Pension objice equal to that of the chief clerk of the Patent Office. The amendment reported by the committee in the nature of a substitute is as follows: Be it enacted by the Senate and HoRep of the U.S.A. in congress assembled That from and after the assngo of this act the salary of the ComrPension! shall be 84.00) perannum and the salary of the chief clerk of the Pension Ullice shall be $2.50opernnnum. SEC. 2. Abife: That the SecyInterior shall appoint, from the 4th class clerks in the Pension Office.one chief examiner of Army invalid pensionclaims. onechief examinct Army pension claims of widows, mothers and pr nhns and one chief examiner of Navy pension claims; eachof saidehicf examiners shall be allowud perannum in addition to the salaries already allowed to clerks of the 4th class: Provided. That. nothing in this sectionshall be so construedas tonne thorize the appointment of a larger number pf4th class clerks than is now provided by law. including the examiners aforcsaid.
Mr. PERHAM. I am directed by the committee to move to amend the substitute by strikin out the 2nd section.
Mr. WASHBURNE, of Illinois. I wish the gentleman would consent to have this bill recommitted, and have the bill, substitute, and amendment irinted.
Mr. WASHBURNE. of Illinois. I hope he will not ress the bill this morning.
Mr. WASHBURNE, of Illinois. as one word. PERHAM. I will hear the Gentfrom Illinois.
Mr. WASHBURNE, of Illinois. Mr. Speaker, I have no fault to find with the manner in which the present ComrPension performs his duties. I believe that he is a very faithful, conse ientious, and able officer, and a very accommodating gentleman to do business with. But my point is against increasing these salaries. We are oing on increasing, one after another, the sa cries of all these men about Washington. Why, sir, we have, within a few years, increased the salaries of the Asst Secretaries of War and of the Superintendent of the Coast Survey and now here is a proposition to increase the salary of the ComrPension to $4,000, being an increase of $1,000 a year. The next thing that will come up, and with just as much merit as this, will be a proposition to increase the salary of the ComrGLO, and the salary of the ComrIndnAffr and my friendfrom California
Mr. BinwsLL] is also very much to blame or not having brought in a bill to increase the salary of the ComrAg, the most labo rious officer in the whole Government and if we can judge from the votes of the House, Let me he is decidedly one of the most meritorious officers that we now have. I object to this whole thing upon the ground that we have already gone too far in the way of increasing the salaries of these officers. If we are to increase the sala of the ComrPension, we ought tor the same reason to go on and increase the salary of the ComrGLO, and the ComrIndnAffr. Here the hammer fell.
The SPEAKER. The morning hour has expired, and this bill will go over till tomorrow. ComMining.
Mr. HIGBY. I find myself under the necessit of leavinv the city for some days, and therefore I ask that the ComMining, of which I have the honor to be the chairman, may be called after the rest of the select committees have been called, instead of being called in its regular order. No objection being made, it was ordered accordingly.
Skip Skip MESSAGE rnou run SENATE. A message from the Senate, by Mr. Fonxsv, its Secretary, informed the onse that the Senate insisted upon its disagreement to the amendment of the House to the concurrent resolution of the Senate conceruin the sale of liquor in the Capitol building, an agreed to the request of the House for a committee of conference upon the disagreeing votes of the 2 Houses, and had appointed Messrs. Wu. sos, Sui isms, and Gurnnis, the committee on the part of the Senate. Also, that the Senate haded without amendment House JtResolution No. 102, for the relief of Alexander Thompson, late U.S. consul at Maranham. Also, that the Senate had passed a bill (S.No.190) to incorporate the DistCol Canal and Sewerage Company, in which he was directed to request the concurrence of the House. ORGANIZATION or THE ARMY.
Mr. SCHENCK called for the regular order of busmcss.
The SPEAKER. The 1st business i n order is the consideration of the bill for the reorganization of the Army. The House accordingly resumed the consideration of the bill (I.R. No. 861) entitled “An act t9 reorganize and establish the Army of the U.S. The following section was under consideration: SEC. 4. Abife:, That the infantry regiments herein provided for shall consist of the 1st ten regiments of infuntry. of ten companies each, now in service; of 27 regiments to be formed by adding 2 new compnpicsto eachof the 27 battalions comprising the remaining 9 reiments: of ten regiments to he raised an ofiser edu hereinafter provided for to becalled the Veteran Reserve corps: and of 8 re iments of colored men, to be raised and officer edns crcinatter provided, to be known as the U.S. colored troops. The ending question was upon the motion of
Mr. DAVIS, to amend the section by striking out the following words: Often regiments to be mist dand officeredas hereinafter provided for, to be called the veteran Reserve corps.
Mr. CONKLING. I move that the time of the gentleman be extended. The motion was agreed to.
Mr. SHELLABARGER. Isym athize very hear til in the line of remarks O my distinguishe colleague, and I am earnestly in favor of retaining in the service, as an act of mere national justice this Veteran Reserve corps, but I do csire, before In colleague sits down that he shall give the House the benefit of whatever knowledge he may have upon this point. It is a common objection in the Army against the retention of this Veteran Reserve corps that practically it will result in having ten regiments of officers and very few men. i understand that it is said that the experience of the country heretofore in this matter has indicated pretty strongly that it will not be practicable to have these regiments filled with men. Now, I would like my distinguished colleague to tell the House what there is that is known bearing upon that subject, and whether it would be practicable to fill up these reiments and keep them filled up; for that is the great point. l take it, that is made against this feature of the bill. I understand that it has been very strongly made at the other end of the Capitol.
Mr. SCHENCK. I am very glad to have had my attention called to that point by my colleague and I shall but be repeating my reference to the 10th section of the bill when I indicate how that difficulty is provided for.
Mr. SHELLABARGER. The difficulty is said to exist in the fact that you cannot get men to fill those regiments.
Mr. SCHENCK. if you can get men for any reviments you can get them for these. with the additional advantage that men recruited for the general service are eligible to employment in these ten regiments. Any man recruited for the Army may be assigned to duty in one of these ten regiments, whether he has been wounded in the service or not. But in addition to that we throw these ten regiments open so as to authorize the enlistment, which otherwise we could not permit under medical inspection. of men partially disabled by wounds, and provide that they may be transferred to these ten regiments. The consequence will be practically this: if you get enough wounded men to fill the ten regiments you will have these regiments composed exclusively and entirely of men who, to some extent. are invalids or cripples, but not as much so as to be unfit for duty. But if you do not get enough such men to fill the ten reiments you can fill them up from the rest of the Army. The 10th section provides what shall be done with the recruits sent to the general rendezvous, and it then goes on to say: It shall be competent to enlist men for the service who have beenwounded in the line of their duty whil! serving in the Army oftbeU.S., or who have been disabled by diseasecontractedin Inch service. If there were not such a provision you could not enlist one of these men. Men who have lost an eye or lost a finger or an arm, men who have been inured in any way, would be rejected by the me ical inspector. But we provide against that and say that any wounded man or Officer shall be eligible, with this further proviso: Provided It shall be found, on medical inspection, that by such woundsordisability theyare notunfitted for eficiency in garrson or otherlight duty; and snch men. when enlisted, shall be assignedto service exclusively in the regiments of the Veteran Reserve corps.
Mr. BOUTWELL. I understand from the remarks just made by the Gentfrom Ohio, [Mr. Sensx ex] that he thinks it possible at least, and not only possible but probable, from our past experience. that these ten regiment s will not be filled and kept full byinvalids of the Army. In that case, he suggests that these ten regiments are to be filled as the other regiments are filled; that is, by men who can pass a rigid examination. I desire to ask that gentleman whether that is not likely to bring together 2 classes and to assign the better class to duties to which they ought not to be assigned. As I understand, one of the results contemplated by this bill is that the invalid regiments are to be assigned to certain specific and lighter duties.
Mr. SCHENCK. My answer to that is simplythis: ifyou do not receive any man who has been wounded, then all these light duties have yet to be performed by somebody. For in that case all these ten regiments and all the other regiments will be filled u with able bodied men. who must perform ligiit duty, garrison duty and all the other kinds of duty which our soldiers are called on to perform. Therefore than is nothing gained or lost one way or the other, except that the course proposed by the committee will enable you to receive a class of men who otherwise will be excluded.
Mr. be UTWELL. I would ask the gentleman whether as a matter of experience, as well as Within the range of reasonable probability, it is not true that an army of 50,000 men, composed of those who will pass a rigid examination, will not necessarily furnish, in the troubles and trials even of a time of peace, all the men disabled and incompetent for active military service who may be necessary for all the light duties of the eace establishment and I would also as still further, whether, considering the extended and varied character of this country, and its variety of climate, it is not necessary in order to secure the physical and moral welfare of the Army that there should becapacityin the Commander in Chiefto transfer regiments and brigades from one portion of the country to another and is not the natural and necessary effect of this bill to place the ablebodied and vigorous portion of the Army in unhealthy and exosed and deleterious situations which willun ermine in 5 or ten years the best and most vigorous physical constitutions?
The SPEAKER. The 2nd 15 minutes of the Gentfrom Ohio [Mr. Sonsse x] have expired.
Mr. INGERSOLL. I move that the time of the Gentfrom Ohio be again extended.
Mr. SCHENCK. My time has been much taken up by interruptions and explanations. Hereafter when occupying the flooriwill decline to yield to anyone. The time of
Mr. SCHENCK was extended by unanimous consent.
Mr. STEVENS. Before the Gentfrom Ohio [Mr. Sensn ex] proceeds. I desire to state to him that there is one objection in the minds of some gentlemen, not pertaining necessarily to this section, but which still has some hearing upon the votes which we are to give and while I do not entertain the objection that others do, I desire some information. Some gentlemen believe that the bill as it now stands is intended to include, 1st, all the officers of the Veteran Reserve corps, and then only to go among other wounded men for officers of these regiments. I do not myself so understand the bill, but others think so. But I desire to ask the Gentfrom Ohio if there will be any objection on the part of the ComMilAffr when we come to the next section, the 5th section, to strike out the words “by selection from the Officers of the present Veteran Reserve corps, and;" and thereby leave it open to all wounded men. The section now reads: The Veteran Reserve corps shall be officered by selection from the oflioersof the present Veteran Reservecorps and by appointment from any officers and soldiers who have been wounded, die. If amended as I suggest it will then read: Shall be officered by appointment from any officsrsgnd soldiersof volunteerswho have beenwound o. c. That would remove all doubt on the subject.
Mr. CONKLING. I have been waiting alon while to say something myself.
Mr. HALE. In justice to the Officers of the 9 new regiments, the fact should be stated that those regiments were organized within 60 days after the war broke out, so that they could not be officered from those who had seen service in the field.
Mr. SCHENCK. There is no such thing in the bill, and the gentleman either cannot read or will not understand.
The SPEAKER. The time of the Gentfrom NewYork [Mr. CONKLING] has exired.
Mr. PAINE. I move that the time of the Gentfrom NewYork be extended. No objection was made.
Mr. STEVENS. If the gentleman will allow me, [desire to make a single suggestion. I think he cannot have understood t6question which I put awhile ago to the chairman of the ComMilAffrs. Seem that this suggestion might be made, I aske him what was the intention of the bill in this respect, and whether he had any objection to an amendment striking out the words “b selection from among officers of the present reserve corps." He assured me that he would not object to it. This does away with that part of the argument of the Gentfrom NewYork. I do not know whether the gentleman heard the remark.
Mr. CONKLI G. I did not overlook it, and I am very glad that the Gentfrom Pennsylvania has made this suggestion. For ole, I shall vote for that amendment when I have the opportunity and I am glad to have the gentlemans attention at this moment, because I want it directed to the fact that even if those words were stricken out, the fault of the bill will not be cured in the particular he suggests. It will still be open to evasion and easy abuse. How are the officers of the Veteran Reserve corps to be gotten out to take their chance fair] with other men? That is the question. he Veteran Reserve corps exists; and you propose to prolong and perpetuate it. Now, on ess you have some provision which dissolves this organization, which turns these officers out, which makes the officers of the Veteran Reserve corps as well as the others applicants in the same sense and on the same footing for appointment, the purpose of the Gentfrom Pennsylvania will not be accomplished, althought ebillwill be improved.
Mr. STEVENS. I desire to inquire of the gentleman whether he understands that if this bill passes, these officers are necessarily retained? May they not be mustered out by the Dept in the same way as other officers are?
Mr. CONKLING. Mr. Speaker, I do understand precisely that, and so think will the Gentfrom Pennsylvania when I remind iim how all this has been managed. When we came here this session the officers of the Veteran Reserve corps were in the position in which the gentleman assumes they are now. They had been brought into being by an order; and tbev could be sent out by an order. But in the early art of the session, upon the motion of the chairman of the ComMilAffrs, a resolution was adopted calling upon the War Dept not to muster out these officers, as the Dept was doin, until provision to that effect had been made congress. That was the substance of it. ow, I challenge any gentleman to show me in this bill any provision overriding that declaration of the House.
Mr. SCHENCK. Does the gentleman really want an answer?
Mr. CONKLING. My friends manner is rather appalling; but if there is no danger at this distance
Mr. STEVENS. I desire to ask my friendfrom NewYork whether the resolution to which he refers was a JtResolution, or merely an expression of the opinion of the House.
Mr. CONKLING. I am not sure whether it was a JtResolution or not, and therefore I have refrained from saving anthing of it except that it passed the House. I know that such a resolution passed this House; and I remember very well that I inquired at the time whether it was to lead to such a result as it is like to.
Mr. GARFIELD. I think that was a mere resolution of the House, making a request of the SecyWar.
Mr. CONKLING and here, in the return made from the Adjutant Generals office, with which my colleague [Mr. VANAmman] supplies me, there is a note in the case of a number of officers, stating that they are retained under the resolution of congress to await further action in their cases. 399 are retained in that way.
Mr. SCHENCK. If the gentleman really wants information on this point
The SPEAKER. Does the Gentfrom NewYork yield to the Gentfrom Ohio, [Mr. Senese K?
The SPEAKER. It will come out of the gentlemans time. IMr. CONKLING. Then I decline to yield. have had a great deal of curiosity on this point; and I have asked at the Dept and outside of the Dept, what. was to be the effect of such a provision as this; nndI am advised that by the bill as it now stands the officers of the present Veteran Reserve corps will be transferred in a body to the corps proI will if it does not come vided for by this bill. I fear that the amendment of the Gentfrom Pennsylvania [.Mr. Srsvsxsl will not insure the contrary, and if the section is retained I shall move a further amendment in the same direction.
Mr. BLAINE. I desire to suggest to the Gentfrom NewYork that it would be more satisfactory if he would point out the section of the bill which conveys that meaning, instead of indulging in loose and vague assertions with nothing in the bill to so port them.
Mr. CONKLING. I have en cavored to refer to the provisions of the bill; and I will suggest to the Gentfrom Maine
Mr. BLAINE] that possibl by listening he will have his attention directe to some provisions of the bill which he may not understand any better than the rest of us. I take up this matter, Mr. Speaker, in a plain way, and judge with the poor ight I have, and also from what gentlemen say who know more about such things than I do. Taking the words as they stand, and even as proposed to be mod ified by the Gentfrom Pennsylvania, [Mr. SrsvsxsJu] nless he turns out the Veteran reserve corps, and have them begin a in, the preference will be given to this set O officers over the others, as think.
Mr. STEVENS. Let me read. It provides for ten regiments to be raised and officered as hereinafter provided for, to be called the Vet eran Reserve corps. Does not that show de novo operation?
Mr. CONKLING. The bill says, also, that the Veteran Reserve corps shall be officered by officers selected from the present Veteran Reserve corps. Does this treat the langua of the other section which the gentleman rea s as requirin everytbin denovo?
Mr. STEVENS. the gentleman refers to another section. They are not to be transferred as they now are, but new regiments are to be raised, to be called the Veteran Reserve corps.
Mr. CONKLING. I have succeeded partly in my purpose by rousing the attention of the House, although I have wandered from saying the most that wished to. In the fragment of time left to me I will make another remark. I submit to the chair man of the Military Committee that he states rather strongly when his auditors are people not accustomed to military distinctions the proposition that officers can never enter the Army if they have been wounded. He does not mean that. He does not mean, I think, to say that officers are so examined as to be rejected merely because they do not come up to the bodily standard required in the case of privates.
Mr. CONKLING. Does the gentleman say an officer in the service goes out as a private goes out, in consequence of being wounded?
Mr. SCHENCK. The gentleman asks whether an officer is subject to medical exami nation on his apointment, and I so. he is. One of the best officer s of the Veteran {eserve corps was a candidate for the place of 2nd lieutenant in the regular Army and was rejected on medical ins ection.
Mr. CONK.lNG. I have no doubt an officer maybe so disabled asto be unable to do duty in the Army and may be rejected for that reason. I have no doubt there are such cases. Phil. Kearney, though, went one armed, with his bridle in his teet, through all the war till he fell in fight, and nobody but death mustered him out. Officers who are fit to do duty are not, as I understand the application of the law, rejected because they have been wounded at some time and could not pass examination as privates. It seems to me the true way to provide for officers and men wounded in the war is to adopt measures which will deal equitably and impartially among them all. This cannot be done by mixrng one bill with another, and ingrafting upon a bill to make the Army more efficient an invalid corps, holding out benefits to them which ought to be given in another way. No man can invent a stronger measure for the relief of our soldiers and their families of a properand fair character than I will vote for. fire more it favors wounded and disabled men the heartier shall be my support. This provision does nothing wise or just in that direction, and therefore it wins no favor with me on that account.
Mr. PAINE. I am in favor of this provision of the bill which constitutes the Veteran Reserve corps. I am at the same time in favorof mak in careful provision for wounded officers and soIdiers both of the volunteer and regular Army who have not hitherto been in that corps. If I supposed for one moment that the result of the provision contained in this section would be to give preference to men who are already in the Veteran Reserve corps, at the expense of those wounded officers and men who have never yet been placed in that corps, I should be opposed to the provision and struggle for its amendment. I and I am pleased to see the anxiety mani fested by the Gentfrom NewYork [Mr. Cosxuuo] in favor of these wounded officers and soldiers who have not hitherto been members of that corps. I only wish it had gone a little further, and had promised to take some practical form in this House which might benefitthem. I only wish he had manifested a willingness so to amend this bill as to give these wounded officers and soldiers of the volunteer and of the regular Army, who have not hith erto been provided for in the Veteran corps, a chance under this law. But no; he turns with scorn from every attempt to amend this bill so as to include them, and makes that provision the basis of his opposition, and then turns around and positively refuses to do anything by way of amendment which shall obviate that objection. Now, the amendment proposed by the Gentfrom Pennsylvania [Mr. Srsvnzvsl does obviate that objection.
Mr. conG. Did the gentleman say I refused to have anything to do with that amendment.?
Mr. PAINE. I do not say that he refuses to vote for that amendment. but I do understand him and if I am mistaken I beg he will correct meto have intimated to the House that notwithstanding that amendment he will vote against this Veteran Reserve corps.
Mr. CONKLING. My friend I know will indulge me in saying that he did misapprehend me. What I said was, that I should vote with pleasure for the amendment of the Gentfrom Pennsylvania, [Mix Srnvizxs] and should seek to amend the section still further, if it was not stricken out, so as to accomplish the objgct which the Gentfrom Wisconsin [Mr. AIXE] now announces.
Mr. PAINE. I am happy then to understand the gentleman as being willing to vote for the Veteran Reserve corps if the provision shall be so framed as to meet his views.
Mr. CONKLING. If we are going to have any, I will.?
Mr. BINGHAM. Does not the gentleman know that the text of the bill does not confine it to this Veteran Reserve corps?
Mr. ROUSSEAU. Will the Gentfrom NewJersey yield to me for a moment?
Mr. ROGERS. I have only 3 minutes of my time remaining, and I cannot yield. Besides, sir, this very question has been under consideration in those nute of the U.S. The Army bill as 1st presented there contained a section similar to this. But the committee of the Senate, to whom that bill was referred, struck out the whole section with regard to the Veteran Reserve corps; and subsequently 2/3rds of the Senate voted against inserting in the bill any such proVision as that contained in the bill reported by the honorable chairman of the ComMilAffrs. I am satisfied that the members of the Senate, in taking this action, were actuated by considerations of duty and a regard to the best, interests of the country, guided by the knowl edge which they had derived from leading militnry men. However much rerd, therefore, I may have for the members of this corps on account of the bravery which they have shown, I am not willing. with all the light we have on this question, to jeopard the interests of the country for oneinstant for the sake of advancing the welfare of anyone class of people in this country. Sir, these men ought to be provided for, and the Government is able to to e care of them; and I am for inaugurating measures that will break down this Freedlnens Bureau system, this refugee system, and this provost marshal system, seeking at every mans heels for his blood; and I am readyto vote for spending the money of the Government in caring for the soldiers. But do not let us undertake, in this indirect way, regardless of the interests of the country, to provide for these men. Let us be liberal in appropriations of money for their support, but when we are organizing an army for the defense of the country, let us seek to insure the eflicienc of that army.
Mr. SCHENCK. I propose to call the previousquestion on this section after making a remar or 2 in behalf of the committee. I am determined we shall not be misunder stood. I am determined to correct a misrepresentation which has been insisted on although again and again corrected. I do it by saying this: the ComMilAffrs had no idea of framing any bill providing for this Veteran Reserve corps except by making appointments to it from the wounded officers from all arms of the service, at least so far as volunteers are concerned. More than that, I am willing it should be extended to include the regular Army. will give notice to this House that no opposition will be made, but on the contrary my entire approval given to an amendment such as is proposed by the Gentfrom Pennsylvania and the Gentfrom Wisconsin in the 5th section, that the language shall be altered so as to read that the Veteran Reserve corps shall be officered from any officers and soldiers of the volunteers and of the regular Army who have been wounded during the late war. I am determined there shall be no misapprehension about this, so that when gentlemen vote to strike out the provision for the Veteran Reserve corps I want it to be understood they are voting to strike it out with the distinct understanding that the officers are to be selected from all arms of the service, officers and privates.
Mr. HARDING, of Illinois. I hope the gentleman will go a little further, and provide for the apportioning of the appointments to be made among the several States. It is said the appointments shall be made to the effect that the public interest shall be subserved. The Veteran Reserve corps beingin the service now they would of course be selectedaccording to these dictates of public interest. If it be provided that these officers shall be apportioned among the several States as nearly as possible, I will, for one, vote for it, Mr. SCHENCK. I have no objection to that. There is virtually a provision “ as nearly as the public service will warrant.”
Mr. ARDING, of Illinois. There is the point.
Mr. SCHENCK. The gentleman may move an amendment when we come to that section. We thought when we provided that these appointments should be made proportionate y among the States we were doing u out as well as we could. We could not cut a man in two.
Mr. SMITH. I desire to ask the gentleman a question in relation to the reorganization of the Army. I would like to know what was the proportion of the regular Army officers who served in the war compared with the volunteer officers belonging not only to the Veteran reserve corps but to other branches of the Army, who distinguished themselves and showed themselves cqunll efficient upon the field and in discipline. nd I weal su gest whether it would not be fair to give to all such officers a fair chance.
Mr. SCHENCK. That is so much a matter of history that I shall not undertake to answer it. I will only say that we shall have to depend upon the statistics furnished at the other end of the avenue, and I do not know but each man had better make up his own table as to the comparative merits of volunteers and regulars. move the prevmus question.
Mr. TAYLOR. I have an amendment that I wish to offer before this section is disposed of.
Mr. SCHENCK. I will withdraw my demand for the previous question so as to allow it to be read.
Mr. TAYLOR. I desire to state that by a bill which passed this House a few days since, the law on the statute book depriving pensioners of their pension during the time they were employed by the Government was changed. Now, if this bill should pass and this Veteran Reserve corps should be constituted, the em cers and soldiers in that corps would receive their pensions. Therefore I propose to insert in line 8, after the word corps, " as follows: and pensionsof all officers appointed to the Vet crnn Reservecorps.to privates enlistedin said corps, to ceasefrom their appointmentor enlistment.
Mr. SCHENCK. That does not properly belong here. I would rather not see it inser in this bill. It is the law now. I insist upon the previous question. the previous question was 2nded and the main question ordered. the question was on agreeing to the amendment 0
Mr. DAVIS to strike out of section 4 the following: Often regimentsto be raised and otficcredashere inafter providedfor, to becalled the Veteran Reserve corps.
Skip Skip Mr. CONKLING. I demand the yeas&nays. The yeas&nays were ordered. The guestion being taken on the amendment, it was ecided in the negative years 30, nays 84, not voting 69; So the amendment was not agreed to. Mr. SCHENCK mtRtv Mr. Daviss amendment was rejecte; upon the table. Agreed to.
The Clerk read: The 5th section was then read, as follows: Site. 5. Abife:, That the officer! of the 37 regiment: of infantry. 1st provided for in the foregoing section, shall consist of those now commissioned and serving therewrth subject to such examination upthe pomfitioa of their gin retained in the serviceas is hereinafter proof unst and 2ndlieutenant and 2/3rds of all otheroriginal vacancies in eachof the gradesabove that of 1st lieutenant. to be filled by selectionfrom among the oficers and soldiers of volunteers who have servedin the Army of the U.S. in the late war for th ssup ression of rebellion and who have been distinguised for capacity. good conduct and efficient servrce; but graduates of the U.S. Military Aqudemyshall be elibleto apointment as 2nd lieutenants. The eterm erve corps shall be oficcrod hauled ion from the officers of the present Veteran reservo corps and by appointment from any officers and soldiers of volpnteers wlhnole hsaevrev, inbgcoipnwtohuenAdremdyine tfhteheH eof their dutyU.S. in the latcwnr, or have been disabled by diseasecon "trmacteld!ine rsuch sorvreemndinn yet be competentfor other duty. to wine that corps as here tofogo been assigned. The officers selected to fill original vacancies in the regimentsof colored troops shall be taken from among the present oflcersof coltroops who have servedin the Armyof the U.S. in the late war and all appointments of eficers in the Veteran Reserve corpsan in regiments 0 colored troopa shall be made on examination, as hereinafter provid.hnvsng rpferonceto capacity, good conduct and o clout service in everycase.
Mr. PAINE. In order to make that section conform to SOCllOll 3, as amended, I move to strike out the followmg: All the original vacancies in the of 1st lieutenant and 2ndlicptenant. an 2/3rds of all other original vacancies in each of the grades above that of 1st lieutenant. to befilled by selection from among the odioers and soldiers of vol nutcers who have served in the Army of the U.S.: in the late war for the suppression of rebellion and who have beendistinguishedfor capacity good conduct and elliciont service; butgrnduawqO the Lhutul 5.rntm Military Academy shall be 6118bleto appointment as 2ndlieutenants and to insert in lieu thereof the following: and in making appointments to fill the original vacancies in the 37 regiments us provided for and for a period of 3 years after the passageof this not. 1st and 2nd lieutenants and 2/3rds of the ofilcers of each of the odes above that of 1st lienton t shall be selec from among the officers and soldiers of volunteers who have servedin the Army of thei U.S. in the late war for the suppressionof the rebellion and who have been distinguished for ca mcily, goodeonduct and eficient service: but gm unto of the U.S. Military Academy and enlisted men shall be eligible to appointment as 2nd lieutenants in those rewiments.as in the new reziments of envul. under the provisions of the 3rd section of this act and not otherwise.
Mr. SCHENCK. That amendment only makes the section conform to what the House has determined in regard to the other section. I have no objection to it.
Mr. GARFIELD. If I understand the amendment. as read, it provides that graduates of the U.S. ilitury Academy and enlisted men shall be eligible to appointment as 2nd lieutenants. I want to know if that does not leave it open so that any man, whether he has ever served or not, can go and enlist one day and the next day be commissioned under this provision. I simply make the inquiry.
Mr. PAINE. The amendment is carefully garded on that point, and prescribes precisely c some conditions and requirements as are prescribed in regard to the 6 new cavalry r ments in the 3rd section.
Mr. GARFIELD. I am satisfied. that it is so. The amendment was agreed to.
Mr. SCHENCK. In pursuance of the no t“ice I gave. I now move to strike out the words by selection from the officers of the present Veti ran Reserve corps, and, ” and to insert after the word “ volunteers” the words “or of the regular Army, ” so that the clause will read: The Veteran Reserve corps shall be officered by appointment from any officersand soldiersof volunteersor of the regular Army who have beenwounded in the line of their dnt while servingin the Army of the U.S. in L O late war or have beendisabled by diseasecontracted in such service and may yet becom etent for garrison or otherduty, to whio Ihnteorps as heretofore been assigned.
Mr. CONKLING. I desireto move to amend the amendment so as to provide that the present officers of the Veteran Reserve corps shall be mustered out and put upon a par With other wounded officers, so that they may all take their chance together. I see nil; for: all the original vacanciesin die grades
The SPEAKER. The gentleman will please reduce his amendment to writing.
Mr. CONKLI G. I will read the amendment I desire to offer, and the Chair will be kind enough to indicate the properlace in this section for it to come in. this as ollows: Provided, That the officersof the exisfin Veteran Reserve corps shall, upon the nus sageof this act. be mustered out of service and be put upon the some footing with other disabled officers.
The SPEAKER. That amendment can be offered to come in at the end of the section by way of addition to the section, but will not be in order for action until other amendments to perfect the section have been disposed of.
Mr. CONKLING. I will give notice that at the propertime I will offer the amendment I have read.
The SPEAKER. By general consent of the House, the amendment of the Gentfrom NewYork [Mr. Cosxuso] can be received at this time, to be voted upon when all the amendments for the purpose of perfecting this section shall have been disposed of.
Mr. SCHENCK. I move to amend the 5th section by striking out in the 25th line the words " the present, ” and inserting in lieu thereof the words “those who have served as, " and by striking out in the 25th and 26th lines the words “who have served;" so that the clause will read: The officers selected to fill original vacancies in the regiments of colored troops shall betaken from among those who have served as officersof colored troops in the Army of the U.S. in the late war. The language as it stands a present assumes that all the officers of colored troops are yet in the service; while in fact a great many have been mustered out even since this bill was framed. The amendment was agreed to.
Mr. PAINE. I movelo amend by after the word “ war, ” in the 27th line, the following words: But graduates of the U.S. Military Academy shall be eligible to appointment as 2ndheu tcuants in these regiments asm the new rcziinents of clzlwnlrp under the provisions of the 3rd section of this no. So that the clause will read as follows: The officers selected to fill orinal vacanciesin the regiments of colored troops shall O taken from among those who have servedas officers of colored troops in the Army of the U.S. in the late war. But graduates of the U.S. Milltary Academy shall be eligible to appointment as 2nd lieutenants in these regiments, usin the new filmqlm of cuyalry. under the provisions of the th section of this act.
Mr. FARNSWORTH. Whynot make on cers of other volunteer troops ch ible to these appointments? The section, 1 amended as proposed, would confine appomtmeuts as officers of these colored troops to those who have been officers of colored troops and to cadets who shall hereafter graduate. There is no proriot in that.
Mr. WARSTON. I move to reconsider the 2006thE vote by which the amendment just offered by the Gentfrom Ohio [Mr. SCHEXCK] was adopted.
the SPEAKER. That motion will be entered, and will be reserved till the question is taken on the pending amendment.
Mr. PAINE. My object in otlerin this amendment was simply to give to the gra uates of WestPoint, under the precise conditions which we have imposed upon them in the cases of the 6 new regiments of cavalry and the 37 regiments of regular infantry, an opportunity to become competitors for 2nd lieutenaucies in the colored troops. I see no reason why the graduates of WestPoint should be excluded in this case from the privilege which they have in the other 2 cases.
Mr. FARNSWORTH. I have no objection to the gentlemans amendment. if he will make it a little broader. I do not see why we should extend the section so asto include graduates of the Military Academy unless we also extend the privilege to officers and soldiers of volunteers. f the amendment be made as broad as the provision with reference to the 6 regiments of cavalry I shall have no objection.
Mr. MARSTON. It was to accomplish that very object that I mtRtv the amendment of the Gentfrom Ohio was adopted. I desire that appointments to the command of colored troops shall be thrown open, not only to those who have served with colored troops, but also to all the officers of volunteers.
Mr. PAINE. I do not say that I am opposed to the proposition of the Gentfrom Illinois [Mr. hsusswonrn] or the Gentfrom NewHampshire, [Mr. MARSTON;] but it seems to me that it is hardly fair to load down my amendment in that way. It undoubtedly occurred to the committee, in framing this clause of the bill, that some consideration was due to those officers of the Army who had encountered during this war the prejudices which at 1st unis. pily prevailed against service in the colored troops. I am ready to recognize the claims of those men who were willing to stand up in the face of that prejudice and serve as officers of colored troops. If, however, the proposition of the Gentfrom Illinois be adopted, we may er hnps fail to obtain a properrecognition of the desert of those Officers who have heretofore served with colored troops. I am in favor of giving to the officers who have gallantly served with the colored troops hitherto the 1st opportunity in the Officering of these colored regiments. But after this privilege shall have been extended to them, I certainly am in favor of giving to the graduates of WestPoint an opportunity to become 2nd lieutenants of these troops. I shall probably vote for the amendment suggested by the Gentfrom Illinois; but I would rather vote for it as an independent proposition, and not as a load upon the amendment which I have offered.
Mr. STEVENS. I believe I cannot vote for the amendment or the suggestion. If I read this rightly, after the 1st vacancy the subse guent vacancies become open for all troops.I do not know how many regiments of colored troops there were. I am tol there were nearly 200. We have only 8 regiments provided for here. I think it is best to leave. at as it is. It only gives to those who served in the colored troops the vacancies in these 8 regiments. I think it fair to leave, as this does, all future vacancies to the discretion of the appointing power.
Mr. PAINE. As there seems to be some opposition to this I withdraw it. he question recurred on Mr. Msasross motion to reconsider.
Mr. FARNSWORTH. I have an amendment which I think will cover the round. I move to strike out these words, in the 20 fonrth. 25th, 26th, and 27th lines: The officersselectedto fill orinal vacancies in the reziments 0! colored troops shall be taken from among the presentofficersof colored troopswho have served in the Army of the U.S. In the late wnr and to insert in lieu thereof the following: The officersof colored troops herein provided for shall be selectedand a pointed in the samemanner provided herein for o coring the 6 regimentsof cavalry provided for in the 3rd section of this not. I think that will cover all that the Gentfrom NewHampshire seeks, and I hope, therefore, he will withdraw his motion to reconsider so that I may move In amendment.
Mr. MAR TON. withdraw the motion to reconsider.
Mr. FARNSWORTH. I now move the amendment. I am not particularly wedded to this method of officering the colored troops. It brings up the question to be determined by the House. It places the colored troops upon the same footin that you place the cavalry and infantry, an on the same footing as the Veteran Reserve corps. I do not see wh the door should not be open to all officers an soldiers who served in t leArmy for commissions in the colored troops as in the cavalry.
Mr. GARFIEL. I desire to o pose the amendment of the Gentfrom 11ine is, and will give in aword my reasons. Asit has been already stated, there were nearly 200 regiments of colored troops for whom the officers were selected from the Arm, and examined before beinga pointed. I doubt whether we had anywhere during the war so carefully a selected body of men as those who commanded the colored troops. I will remind the House that it required no little moral courage to take position in the colored regiments when they were 1st raised. I remember well when I rew an order callin a board which O nized the 1st regiment O c“olored troops. knowthat many Officers said, You cannot find enough respectable Officers in this Army to officer thatregrment." When a prominent stall officer accepted thqposition, and was made colonel of the regiment, and the ice was broken we were enabled ultimately to get it raised or along time men were compelled to bear reproachcs as commanders of negroes. Those who bore the prejudice and who bore the taunts, and who showed themselves to be able Officers, it is no more than right, I think, should fill these vacancies. When the original vacancies are filled they will be then thrown open to all. I hope the amendment will not prevail.
Mr. CHANLER. I offerthe following amendment to the amendment: The act or part ofany act which authorizedtheuse of colored troopsin the Army of the U.S. is herebyrepealed. All actsor parts of acts inconsistent with this section of an act are hereby repealed.
Mr. FARNSWORTH. I hope the Gentfrom NewYork will yield a few minutes of his time so that I may reply to the Gentfrom Ohio.
Mr. CHANLER. Iyield 5 minutes of my time to the Gentfrom Illinois. ThenI propose to speak to my own amendmentto the amendment.
Mr. FARNSWORTH. I desire to reply to the argument of the Gentfrom Ohio, [Mr. GARFIELD] He says that it required a considerable degree of moral courage at one time for a man to take command of colored troops. Now, I recollect very well that at the very 1st organization of the colored troo 5 there were men enough in the Army of the U.S. who ha the moral courage to apply for positions in colored regiments, many more than were required to fill the regiments. There was no time when there were not at the office of Colonel Foster in this city pigeon holes full ofapplications for positions as Officers of colored troops. Now, sir, why not open the door to these men who hadjust as much moral courage at the time as those who succeeded in getting the commissions?
Mr. STEVFNS. I rememberin this House, when it was proposed to raise colored troops, that many declared that nobody could be found to command them; and ccrtainly a member from Illinois declared that all the highest offf cers would resign if you put them in the field.
Mr. FARNS WORTH. Who was that? A MEMBER. General Logan.
Mr. FAltNSWORTH. I do not know whether that general made that remark or not. I think I have heard him deny ever having made it. But certain it is, and I presume ever member of this House who was a member O Congress at that time can bear witness to the fact, that there were applications upon applications of soldiers in the field for the privilege of being examined before this boardiand for appointments in the colored regiments, agreat many more than could be up oiuted. Now, 100s of these soldiers thus applying were obliged to serve in the war in the ranks because there were not colored troops enough to admit them to these places. Why should we not, then, open the corfor these men? Why should we confine the Officerin of this colored corps to those that have serve with them? Open the door. I have no doubt that all these worthy officers who desire to come in and who have served well with the colored regiments will stand a better chance for appointment than new men. Undoubtedly they will. But do not let us confine it to any particular class of men. Open the door broadly or competition to every man who deems himself worth to seek the place.
Mr. PRICE. Will the gentleman allow me a word?
Mr. CHANLER. Oh, certainly. The Gentle man is always so very courteous. [Laughter]
Mr. PRICE. I want merely to thank the gentleman for having given the House and the country the information that Moses did cross the Jordan. [Laughter] We had thought before that he never got over.
Mr. CHANLER. I thank brother Aaron for his suggestion. I do not see the originality of his idea, and I can hardly see the force of his remark. I ask the House to come to a vote upon this proposition. I want to see how many men there are here who are sincere, how many men who, having cried up the colored soldiers, are unwilling to give them the rank of officers in the Army of the U.S. I ask the previous question on my amendment.
Mr. SCHENCK. I thought it a good time fer the previous question to e demanded after the gentleman had made a speech, and I rose for that purpose.
Mr. CHANLER. I had no desire to cut off debate upon this proposition. I did not mean to demand the previous question, but I ask the ess and mi s on my amendment.
Mr. CONKLING. lho e the previous question will not be called be ore I have an opportunity to offer my amendment.
Mr. SCHENCK. The gentlemans amendment is already pending, and I move the previous question.
Mr. CONKLING. I hope the gentleman will withdraw that. I will renew it. I want to say a word or 2 upon my amendment.
Mr. SCHENCK. I withdraw it. The yeas&nays were ordered upon Mr. Cs.i.Vi.iuis amendment.
Mr. CONKLING. Will the Chair be kind enough to state the situation of the question now?
The SPEAKER. The Gentfrom NewYork [Mr. CONKIJNG] moved a proviso to be lddedto this section, which was reserved by general consent until the section should be perected. There is now pendin an amendment to that amendment, on which the yeas&nays have been ordered.
Mr. CONKLING. After that question has been taken, then, I will make the suggestions which I desire to present to the House. EVENING SES8ION DISPENSBD WITH.R. WASHBURNE, of Illinois. Has the evenin session been disensed with? The PEAKER. It as not.
Mr. WASHBURNE, of Illinois. I move, then, that until further orders, the evening sessions be dispensed with.
The SPEAKER. It is within the power of a majorit of the House to do it.
Mr. STEVENS. I hope the gentleman will confine his motion to this week.
Mr. WASHBURNE, of Illinois. I will agree to that modification.
Mr. BLAINE. Has the Gentfrom Illinois a right to make the motion?
The SPEAKER. Certainly; it is a riv ileged motion, pertainin to the order of usiness in the House, an can be entertained eyen pending a demand for the previous ques U00.
Mr. CONKLING. I hope the gentleman will modify his motion so as to make it general. We can order evening sessions whenever we want them.
The SPEAKER. The Chair will state to the House how the matter now stands. The House under a suspension of the rules directed the holding of an evening session each day except Saturdays “until otherwise ordered." The words “ until otherwise ordered” place it in the power of the majority of the House to I man from NewYork order otherwise at any time and they can 1 order that there shall be.o evening session for any particular day, or they can order that the evening sessions be dispensed with until otherwise ordered.
Mr. FARNSWORTH. Can the majority of the House order an evening session at any time, if the motion of my colleague [Mr. WASHBURNE] revails?
Mr. WASHBURNE, of Illinois. I am myself in favor of suspending indefinitely the order for evening sessions.
Mr. CONKLING. Then I move to amend it so that the suspension shallbe indefinite, to the end that we may not be required to be on the watch to ascertain if we are to come here at an evenin session.
Mr. STEVENS. I hope the amendment will not revail. It may be necessary
Mr. CONKLING. Then I think this proposition should not be debated either way.
Skip Skip The question was upon the amendment of Mr. Comcuxo to the motion of
Mr. Wasn BURNS, of Illinois. Upon a division there were ayes 72, noes 22. So the amendment was agreed to. The motion, as amended, was then agreed to. ENROLLI did BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported thatthey had examined and found truly enrolled Senate bills of the following titles; when the Speaker signed the same: An act (S.No.261) for the relief of Ann Heth, widow of William Heth, of Harrison county, Indiana; An act (S.No.241) directing the enrollment of Agnes W. Laughlin, the widow ofadeceased soldier, as a pensioner; An act (S.No.262) granting a pension to Mrs. Sarah E. Wilson; and An act (S.No.260) granting a pension to Emerance Goulcr. REORGANIZATION OF THE ARMY Again. The House resumed the consideration of the bill to reorganize the Army. The pending question was upon the amendment of Mr. CHANIJ IR to the amendment of Mr. Fmuvswoarn to the 5th section.
Mr. CONKLING. I stated a few moments ago that I would make a brief statement in reference to the amendment which I have offered.
Mr. SCHENCK. Do I understand that the Gentfrom NewYork [Mr. CHANLER] offered an amendment to the one offered by the Gentfrom Illinois [Mr. FARNSWORTI I] and that the previous question has been or dered on those amendments?
The SPEAKER. The previous question has not been called; but the yeas&nays have been ordered upon the amendment to the amendment.
Mr. SCHENCK. Then wh should the Gentfrom NewYork [Mr. CONKLING] ise uss another amendment which he proposes to offer presently, when he can discuss it just as wellfitfter we have disposed of those now pending?
The SPEAKER. By general consent the proviso proposed by the Gentfrom NewYork [hIn CONKLING] was regarded as pending, but not to be acted upon until the Gentfrom Ohio [Mr. Sam mos] and other gentlemen had perfected the section and i the previous question should now be called and 2nded, and the main question he ordered, it would not exhaustitself until a vote had been taken upon the proviso offered by the Gentfrom NewYork, [Mr. CONKLING. The Gentfrom Ohio can call the previous question on the amendment of the Gentfrom Illinois, Mr. Fsauswosrn] and the amendment to that amendment moved by the gentle [Mr. CHAXI.ER.]
Mr. SCHENCK. iiery well: I willcall the previous question upon the amendment and the amendment to the amendment.
Skip Skip The previous question was 2nded and the main question ordered. The 1st question was upon agreeing to the amendment to the amendment.
Skip Skip The question was taken; and it was decided in the ne ative yeas 23, nays 85, not voting 76; So the amendment to the amendment was not agreed to. During the roll call, Mr. NIBLACK stated that Mr. KERR had paired with Mr. HILL. The result of the vote was announced as above stated. Mr. CONKLING. do now adjourn.
Mr. DE MING. Iask the privilegeof making n iiersonal exlanation. Mr. conLING. I insist on my motion that the House adjourn. The motion was not agreed to; there being ayes 16, noes not counted. PERSONAD EXPLANATION. Mr. DEMING. I ask unanimous consent to make a personal explanation. There was no objection.
Mr. RAYMOND. Mr. Speaker, ifthe House will indulge me a moment
The SPEAKER. ls there any objection to the Gentfrom NewYork making a persons explanation? There was no objection.
Mr. RAYMOND. I desire merely to acknowledge the courtesy uiid kindness which have prom ted the Gentfrom Connecti cut Mr. sums] to make the explanation which he has just made. In the colloquy which took plaee yesterday between in colleague [Mr. Continue] and myself, I did not feel at liberty to go any further than I did in dispvowing any respon sibility for the paragraph which up cured in the Times, because I did not wish directly or indirectly to draw into the atiair any gentleman without having had previous consultation with him. I feel obliged to the Gentfrom Connecticut for stating what is the sim is fact, that I had nothing whatever to do with origi nating, inspiring, composing, or printing that paragraph. Now, if the House will indulge me one moment longer, I beg to say that my position here in a twofold capacity, as a member of Congress and as the editor of a newspaper, puts me some times in an embarrassing posture. I am quite ready always at the propertime and in the properplace to be resonsible to anybod for anything I may say or. I beg to add that I do not think the floor of Congress a properplace for making an explanation or for taing respon sibility for things said or done; and hereafter I wish it distinctly understood while I will on the floor respond to any gentleman for anything I may say here, I will not hold myself subject to being questioned. Iwill not hold myself bound to answer any question which may be put to me here upon this floor for what I may say or do or what may be said or done in the columns of the NewYork Times. I will answer in the columns of the NewYork Times, when addressed as editor of the NewYork Times, for anything I may say or do in that capacity. RECONSIDERATION or A vote.
Mr. MARSTON entered a motion to reconsider the vote by whli an amendment to the 3rd section of the Army bill offered by the Gentfrom Maine [Mia BLAINE] was adopted yesterday. EVIDENCE IN CONTESTED ELECTIONS.
The SPEAKER laid before the House evidence in the contested election cases of Boyd:1 ninst Kelso and Koontz against Cotfroth; wIiich was referred to the ComElections and then, on motion of
Mr. RANDALL, of Pennsylvania, the House (at 4 oclock and 30 minutes p. m.) adjourned.
@@@IN SENATE SENATE. WEDNESDAY, April 18, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a report of the ComrAg, communicating, in compliance with a resolution of the Senate of the 13th instant, information in relation to theriuderpest or cattle plague; which was referred to the ComAg, and ordered to be printed. He also laid before the Senate a report of the SecyInterior, communicating, in obedience to law, copies of the accounts of Superintendent Sells and Agents Snow and Dunn, of the southern Indian superintendency, for the 4th quarter of 1865, with a copy of the report of the ComrIndnAffr on the subject; which was referred to the ComIndAffrs.
Skip Skip PETITIONS and MEMORIALS.R. HOWARD. I present the petition of Mrs. Abby Green. formerly of Richmond, Virginia, praying for the passage of a bill for her relief on accountof services rendered and losses incurred in behalf of the Union cause at Rich mond, Virginia, from August, 1863, to Feb ruary, 186 I. [beg to state in regard to this petitioner that she assisted Mrs. SIMHICS very materially in rese uing Colonel Streight and his party from imprisonment at Richmond. I ask that it may be referred to the Committee (in Claims. It was so referred. Mr. WADE. I present the memorial of Sue Murphy, and various documents in proof of her claim, setting forth that she was the owner of a house neurCliattanooga which was ordered to be taken down for the purpose of erecting fortifications upon the spot where it was built. The memorial is strongly recommended by many officers, and among them those who ordered it destroyed. She claims to have been a loyal person. I move that the memorial and accompanying documents be referred to the ComClaims. The motion was agreed to. Mr. HENDERSON presented additional papers in relation to the claim of William C. anderson; which were referred to the ComcClaims. Mr. KIRKWOOD presented a petition of citizens of Iowa, praying for the enactment of such just and equal laws for the regulation of interstate insurances of all kinds, as may be effectual in establishing the greatest security for the interests protected by policies, and promotive of the greatest goo and convenience to all concerned in such transactions; which was referred to the ComJudiciary. Mr. WILSON presented 2 petitions of officers of the U.S. Arm, praying for an increase of their pay: which were referred to the ComMilAffrs . REPORTS OF COMMITTEES.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a JtResolution (H.R.No. 46) for the relief of Martha McCook, asked to be discharged from its further consideration, and that it be referred to the ComMilAffrs ; which wasagreed to. He also, from the same committee, to whom was referred a biMr. No. 463) for the relief of James Foster, reported it adversely, and asked to be discharged from its further consideration; which was agreed to. He also, from the same committee, to whom were referred the following bills, reported them severally without amendment: A bill (H.R.No. 464) for the relief of John Gordon; A bill H.R.No. 460) granting a pension to Spencer ellrlagg: and A bill (H. No. 871) to grant a pension to Leonard StClflir
Mr. HOWARD, from the ComPacificRR, to whom was referred a memorial of citizens of Iowa, remonstrating against any diversion of the funds, and against any legislation that would he injurious to the extension of the Dubuqne and Sioux City railroad, asked to be discharged from its further consideration, and that it be referred to the ComPubLands; which was agreed to.
Mr. GRIMES, from the ComNavAffrs to whom was referred a JtResolution (H.R.No. 197) to provide for the better organization of the pay Dept of the Navy, reported it with an amendment. BILLS INTRODUCED.
Mr. RIDDLE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.271) to authorize a special tax for the purpose of improving the Washington city canal; which was read twice by its title, referred to the ComDistCol, and ordered to be printed. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.272) to authorize the corporation of Washington to reduce the width and improVe the avenues and streets of that city; which was read twice by its title, referred to the ComDistCol, and ordered to be printed.
Mr. MCDOUGALL asked, and by unanimous consent obtained, leave to introduce a hill (8. No. 273) to authorize the President to convey to William P. Rogers and his associates the island of Yerba Bueiia, or Goat Island, in the harbor of SanFrancise o; which was read twice by its title.
Mr. MCDOUGALL. I desire simply to observe that when this bill was 1st placed in my hands I had great doubts of its proprict, but after looking at it carefully and being better informed, I think it is a bill to the profit of the Government. I move that itbe referred to the ComMilAffrs . The motion was agreed to. meitnrs CONSTITUTION.
Mr. JOHNSON submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the ComLibrary be instructed to inquireinto the expediencyoi are a."ing for the useof the Senatecopicsof ickcys edition of the Constitution: Provided. That the compilation be brought down to the presenttime on the sameplan. ARMY BREVET APPOINTMENTS.
Mr. SHERMAN submitted the following resolution; which was considered by unanimous consent, and agreed to: Remind, That the POTUS he requested to communicate to the Senate, if not incompatible With the public interests. the proceedings of the military board recently convenedin StLouis. Missouri. in relation to brevot appomtinents in the regular Army. NEGOTIATION or INDIAN TREATIES.
Mr. DOOLITTLE. By direction cfthe ComIndAffrs aJtResolution, making an appropriation to enable the President to negotiate treaties with certain Indian tribes, was introduced by me yesterday and laid upon the table, and I stated that I should move to take it up this morning. It is very important that we should have immediate action on the subject, and I now move that that resolution be taken up. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 69) making an appropriation to enable the President to negotiate treaties with certain Indian tribes. It proposes to appropriate $121, 785 77, or so much thereof as may be necessary, to enable the President to negotiate treaties with the Indian tribes of the upper Missouriand Platte rivers, to be expende by the ComrIndnAffr under the direction of the SecyInterior.
Mr. DOLITTLE. The Indian eppropriation bill will probably not be here iinti the last of the session, and the 20th of May is the time fixed for the Indians to meet and for the supplies to be at Fort. Laramie, Fort Rice, Fort Sul y, and Fort Union on the upperMissouri, and Fort Berthold.
Mr. SHERMAN. I ask by what authority these tribes are to be convened.
Mr. DOOLITTLE. It was upon this authority: we were at war with them, and the military authorities, under the direction of the War Dept and the Interior Dept, the President of course being responsible, invited these tribes to treat. When my friendfrom Ohio speaks of the estimates sent to the ComFinance I am inclined to think that he is looking at the estimates to carry into effect treaties already ratified.
Mr. GRIMES. Are these tribes that we have been at war with?
Mr. GR] MES. We have been at peace with some.
Mr. DOOLITTLE. We have been at war with the Sioux and the Blackfeet. In relation to the time I wish to say a word.
Mr. GRIMES. I wish to make an inquiry of the Senator. As I understand it, we iave not been at war with many of these Indians that it is proposed to treat with. There may have been additional murders or atrocities per etrated by some of them; but my impression is that we have treated with most of those Indiaus with whom we have been at war.
Mr. DOOLITTLE. We have not treated with them all.
Mr. GRIMES. What I want to know is this: does not the chairman of the ComIndAffrs contemplate treaties with Indian tribes with whom we have not been at war and if so, why do we propose to treat with those parltheular tribes that we are already at peace with I
Mr. MCDOUGALL. The Senfrom Wis cousin will allow me.
Mr. DOOLITTLE. Yes, for a moment. I will refer to some apers I have here, and answer the Senfrom Iowa.
Mr. MCDOUGALL. I have known, proba bly, more of the Indiansthat traverse our Rocky mountains and the reons further west than any of my colleagues iere in the Senate. I have known Indians from my boyhood. The policy of the Governmentin dealing with them, I think, has always been wrong. agree with the Senfrom Ohio altogetherin that respect. They must be whipped into their place, and subjected to obedience. Why should not the Indian earn his bread by the sweat of his brow? Why should he notdo it with his bow and arrow, or other material that he may possess? Why should he be supported by the Government? It is false legislation, and it is one of those things that oppress the men who do honest labor in the country that labor which supports our Government. It is wrong. I have men opposed to it as a matter of policy always, and I take occasion now to give expression to my thoueht. 1 meta lot of Choctaws last night and the en talk Choctaw 3 chiefs who fluttered in their peacock feathers. We buy them those feathers, and we buy them their blankets. Why should we do it? I have never been able to find that out by anylogical deduction. We do not owe them anything but this: weshould protect them on their hunting grounds. That. am prepared to do always, and let them die out by a law established by a greater Master than confines himself to this sphere, as another race that inhabit about the DistCol is to die out. No man can suggests good logical reason why we should subSist the Indians. My friendfrom Wisconsin, who is a western man, and who is acquainted somewhat with the subject, cannot advance a reason why we should subsist them; tax our farmers and laboring men, and our mechanics, to subsist the Indian, to come down here and parade his feathers in Washington, and draw our blankets. It cannot be done; it is not within the range of logic. I am, therefore. against the whole policy.
Mr. RAMSEY. This war commenced with the Issanti Sioux, in Minnesota, numbering about 6 or 7,000. It extended then to the Yanctoni Sioux, in the northern part of Dakota, and also toa part of the Yancton Sioux, in southern Dakota, and also to the larger part of the Teton Sioux west of the Missouri, comprising the Blackfeet and other bands, so that the whole Sioux tribe on the plains are demoralized and infected with this war spirit. I do not see how entire peace and quiet can be restored to the frontiers unless t rough some treaty arrangement. It may require a little money, but surely
Mr. MCDOUGALL. Let me ask. the senator, would it not be better to whip them well?
Mr. RAMSEY. Certainly it would, if you could catch them, but that is the greatdifficulty.
Mr. MCDOUGALL. Is not the Government powerful, and hasitnot men and horses enough “I
Mr. RAMSEY. Oii those immense plains in Dakota, and on the Platte, it is impossible for an armed force you can send there to ever take t iem.
Mr. MCDOUGALL. Ifyou furnish General Sully the horses and men, he will hunt them to the death.
Mr. RAMSEY. But that would take ten times a much mone as this treaty arrangementwill cost. Besi es, there are large bodies of these Sioux that you cannot possibIy reach; our men cannot get at them; they live on the British frontier. All of the Issanti Sioux. the most hostile and most bloody of all the Dakotas, now live on the northern border, and after coin mitting depredations retreat across the line, and you cannot follow them. They keep poisoning the minds of other bands of Sioux. I do not see how it is possible to restore peace on the frontier unless we can do it by some treaty arrangement of this kind. The expense is nothing in comparison with the object to be accMorm. p.liIse hDedO. UGALL. There can be no peace restored among the Indians on our frontier except by compelling them to obedience. Mr. RAMSEY. The trouble is to catch them. I admit that the Senator is right in that, but it is impossible, on these immense plains, to catch these bands of Indians. We have had a large number of troops operating against them for years, but they have very rarely been able to overtake the Indians. M
Mr. MCDOUGALL. They were never well mounted.
Mr. MCDOUGALL. Let me ask the Sena. tor is not that a policy to continue the controversy with them for many years, and will it not be in the end more expensive?
Mr. WILSON. How much does it approprinte?
Mr. DOOLITTLE. 121,000 dollars to ay the expenses of their assemblin at we different posts. Some 2 thonsan are expected at one place; 1500 at another, 15 bun red at another dtc.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterda.
Mr. DOOLITTLE. I ask that the order of the day may lie over informally until we can come to a vote on this resolution.
The PRESIDENTpro tempore. If no objection be made, the order of the day will be informally laid aside, and the JtResolution which was under discussion will still be considered as before the Senate.
Mr. DOOLITTLE. I do not wish to take up any further time; but I have before me the letter of GenlCurtis in which he states the number of Indians that are expected to assemble at these different posts: at Fort Laramie, 2500; at Fort Sully, 2000; at Fort Rice, 2000; at Fort Berthold, 2000; at Fort Union, 2500. It will be seen, therefore, that there are 2000 Indians and upward to assemble at each one of these posts, and therefore I think the estimate is not an extravagant one.
Mr. RAMSEY. In addition to the other considerations which have been urged here on behalf of this appropriation, I desire to mention the fact that at his time many 1,000s of our people are passing up the Missouri river; many boats have already left StLouis on their way up to Montana; 2000 miles of that route are through this hostile country; and these Indians, as the Senfrom Oregon has said, will look upon the failure to furnish these supplies as a breach of faith on the part of the Government; and if our commissioners do not meet them with the supplies, they will seek revenge on the people going up there; and no man can tell what estruction of life and property will ensue.
Mr. SHERMAN. What I wish toget at, and what these Senators on the ComIndAffrs have not yet told us, is, who authorized the assembling of these Indian tribes. I have looked in these papers, and I cannot telLwho did it. Was it the SecyInterior, anticipating an appropriation from Congress? I see nothing to show that. Did the ComrIndnAffr under take to make 6 new treaties with some 10,000 hostile Indians without authorit of law? If not, who did it? Or was it let to some wandering Indian agent or superintendent of Indian affairs?
Mr. SHERMAN. If these Indians had been convened by the POTUS in pursuance of his executive authority to negotiate a treaty of peace and during a war, I have no doubt it is the duty of Congress to appropriate moneyto carry into effect the executive order. Undoubtedly the POTUS has the power to ue otiate peace with warring nations. If these ndian tribes are warring nations, as theyl seem to be considered, as a matter of course e has the power to negotiate a treaty of peace with them and submit it to the Senate or approval at the propertime. The only question that arises then would be as to the best mode of meeting the expenditure. As far as I understand the Senfrom Wisconsin, the assistance and transportation have been heretofore furnished by the properbureaus of the War Dept, and now, for the 1st time, it is proposed to introduce into the Indian Office transportation and subsistence of provisions.
Mr. DOOLITTLE. What I desired to say was, that in dealing with these tribes in the treaties which were negotiated by GenlCurtis and by General arney the War Dept had furnished the supplies; the Interior Dept had not done it; and the Interior Dept now snppoaed that the War Dept would furnish these, until from a letter received from the SecyWar the SecyInterior is informed that the War Dept cannot do it, and the thing is thrown on the Interior Dept, and the Interior Dept must take the responsibility of doing it; otherwise, the Indians are invited to meet at these places, and there are no supplies and we do not get peace with them. It is a new cause of irritation and a new cause of war, and that is just the exigency and the necessity pressing upon the nterior Dept for our action, and our immediate action. Supposing that the War Dept would furnish the supplies to these Indians as they had furnished them to the others, the Interior Dept took no steps to procure these appropriations until now. At all events, this is the 1st request that came to the Indian Committee on the subject. I do not know but that those estimates that went to the ComFinance may have gone in some weeks ago. I do not know when they went to that committee; but the matter 1st came to the Indian committee yesterday, and with the urgent request on the part of the Dept that we should take immediate action, because it was neces sa to purchase these supplies immediately at t. Louis in order to send them up the Missouririver or get them transported to the place of meeting, which is alrea y fixed, with these Indians.
Mr. DOOLITTLE. Allow me to state that the corn which feeds the horses of the Army out therefighting the Indians costs from 5 to ten dollars a bushel. That is one reason we do not want to go out there with horses fighting the Indians. It costs just as much when the Army transports it out there as when anybody else transports it. In relation to this matter of transportation, I suppose the same price will be paid as for Army transportation.
Mr. SHERMAN. There is no limitation of that kind.
Mr. DOOLITTLE. The Army transportation is always done by contract.
Mr. SHERMAN. But done under and in pursuance of law which requires the quartermasters Dept to contract. This would not be under that law.
Mr. DOOLITTLE. Still there is alaw for contracts in the Interior Dept just as much as in the War Dept.
Mr. DOOLITTLE. Yes, sir; there is a proposition now endin before the committee to transfer the ndian ureauto the War Dept; but that is not involved in this question.
Mr. NESMITH. I desire to suggest to the Senfrom Wisconsin that expenditures of this very kind were made for similar purposes lastlyear out of the Army appropriations. L
Mr. DOOLITTLE. Yes, and Congress never heard of it, Congress knew nothing about it, because it was in the Army appropriation bill, and no one can resist an Army appropriation bill. Indeed, the Senfrom Ohio, representing the ComFinance, will not stand up here to resist an Army appropriation in time of peace or at any time. Mr. President, in relation to what my friend has said about our treating with the Indians, I wish to say that that has been the uniform pradtice of the Government from the beginning and from before the beginning. The colonies treated with the Indians. The colonies were weak; the Indians were strong. The colonies were glad to treat with them; they were regarded then as to the colonies as independentand hostile powers such as the colonies were content to live upon terms of peace and amity with, and they made their treaties. I believe that if we kept our treaties now in all respects as faith fully with the Indians as the Indians keep their treaties with us, we should have little complaint. I believe that the difficulty has been more on our part; and that the breach of trea ties, the breach of faith is as much to be attached to the Government of the U.S. as those who act in its name, and indeed more than to. the Indians themselves. But, Mr. President, I have taken up more time than I intended.
Mr. POMEROY. I rise to say buta single word. While I have not much confidence in the making of these treaties, I yet believe that the Indian Dept, so far as the transportation of supp ies is concerned, hasas econom ical and as regular 9. system as the War Dept. The Senfrom Ohio intimated very clearly that this was inaugurating a new system of transportation. It IS not. so at all. I he Indian Dept advertises every year, as regularly as the War Dept, for transporting all their goods, so much per 100 pounds permile; and it happens that their bids this year, and I do not know but that it is so every year, were a little lower than those of the War Dept. It is as economical a system of transportation as any in the War Dept or another Dept.
Mr. SHERMAN. I ask if those contracts will cover subsistence like this.
Mr. POMEROY. Precisely. Alltheir transportation is included in their advertisement, and those who get the contract will have to carry these goods with any others the Dept desire to send, because they have entered into contracts to do all the transportation of the Dept at so much per 100 pounds permile, the same as is done in the War Dept, only that the price is afew cents ess. Then so far as relates to transportation there can be no objection to having the Indian de urtment do it. ut, sir, I confess that I have very little faith in the system of treaty making with these Indians. These Indians are very badly demor alized, and if ou make a treaty with them it will not be really a treaty with the Indians but with a few white men who have got among them who want some goods and who use the Indians for their pnr oses. If there had been no white men mixer up among these Indians we should not have had half the trouble we have had. Bad men have gone out and got in with these tribes and demoralized them. The only result of arrangements of this kind is that they keep the peace while the goods last; the Indians will behave very well as long as they are fed. I have seen many treaties made and I confess that I have but very little contience in them. When the Indians are hungry again they will commit more depredations.
The PRESIDENT protempore. The order of the day will now be resumed, having been informally laid aside by common consent, being Senate bill No. 220, for the relief of certain contractors for the construction of vessels of wur and steam machinery.
Mr. WILSON. We had up yesterday morning a motion to reconsider the vote on the Colorado bill. I desire to take that up and have the question taken on the reconsideration, if possible, this morning. I should like to have the other matter go over if the gentlemen who have the care of it will agree to that.
The PRESIDENT protempore. The special order is before the Senate. Does the Senator make a motion to postpone it?
Mr. WILSON. I give notice that I will call up the motion to reconsider tomorrow morning. The Senate resumed, as in ComWhole, the consideration of the bill (S.No.220) for the relief of certain contractors for the construction of vessels of war and steam l(l machinery. the pending question being on the “ amendment of Mr. NYE to the amendment of Mr. GRIMES, to strike out “ 12 ” and to insert “ 15 ” before "%.”
Mr. HENDRICKS. I think that a decided majority of this body believe that some relief ought to be given to these parties; but exactly upon what terms and in what way the friends at the relief are not fully agreed. I think that an understanding can be arrived at which will be satisfactory to all the Senators who believe that something ought to be given. wIth a view to that I move that the bill be contin ued as a special order until tomorrow at one oclock. The motion was agreed to. THANKS TO GENERAL HANCOCK.
Mr. WILSON. I move now to take up the JtResolution, resorted by the ComMilAffrs an the Militia, of thanks to General Hancock. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (H.R.No. 88) expressive of the thanks of congress to Major General Winfield S. Hancock. he resolution is in the following words: Resolved, the"That. in addition to the thankshero tofore voted by JtResolution. approvedJanuary 28.1864to MBJOI General George (I. Meade. MUJOI Genera Oliver 0. Howard and to the officers and soldiers of the army of the Potomac.for the skill and heroic valor which at Gettysburgre pulse d.defcated, and drove back broken and dispirited the veteran army of the rebellion, the irratitndeof the American peopleand the thanks of their representativesin congress are likewise due and are hereby tendered.to Iajor General Winfield S. Hancock. for his gallant meritorious and conspicuousshare in that great an decisive victory. The JtResolution was reported to the Senate without amendment, ordered to a 3rd readin. read the 3rd time, and passed.
Mr. JOHNSON subsequently said: Ithought that the resolution which the Senate has just passed. of thanks to General Hancock, stated on its face that it was unanimously resolved. It does not and it will not appear that it was passed unanimously unless we amend it.
Mr. WILSON. By common consent it can be amended by inserting the word “unanimously.” I do not know of any opposition to it.
Mr. JOHNSON. I move to insert the word “unanimously.”
Mr. WILSON. That will render it necessary to send the resolution back to the House.
The PRESIDING OFFICER, (Mr. Dolittle. in the chair.) The Chair is informed that it is not usual to insert the word “ unanimously ” in a JtResolution.
Mr. JOHNSON. It can up our on our Journal that it passed unanimous y.
The PRESIDING OFFICER. It will appear on the Journal that it was passed unanimously by the Senate.
Mr. JOHNSON. Very well. SOLDIERS, NATIONAL ASYLUM.
Mr. WILSON. There are 2 or 3 other small matters reported from the ComMilAffrs that I desire to dispose of. I move to take up the JtResolution (H.R.No. 108) appointing managers for the National As lnm for Disabled Volunteer Soldiers. he motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution, which proposes to apointthe following persons managers of the ational Asylum for Disabled Volunteer Soldiers, under the provisions and conditions of the 3rd section of the act approved March 23, 1866: Richard J. Oglesby O Illinois, Ben jamin F. Butler of Massachusetts, and Fred erick Smyth of NewHampshire, of the 1st class, to serve 6 years; Lewis B. Gunckel of Ohio, Jay Cooke of Pennsylvania, and P. Joseph Osterhaus of Missouri, of the 2nd class, to serve 4 years; John H. Martindale of NewYork, Horatio G. Stebbins of California, and George H. Walker of Wisconsin, of the 3rd class, to serve 2 years. The JtResolution was reported to the senate without amendment, ordered to a 3rd readin, read the 3rd time, and passed.
Mr. EVILSON. I now move to take up the Senate JtResolution (S.R.No. 57) appointing a board of managers for the NationaFMili tary Asylum, which has both reported upon adversely by the ComMilAffrs, with a view to move its indefinite postponement in order to get it off the Calendar. The motion to take up the JtResolution was agreed to.
Mr. WILSON. I move that it be indefinitely postponed. The motion was agreed to. REV. HARRISON HEERMANCE.
Mr. WILSON. I now move to take up House JtResolution No. 107. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (H.R.No. 107) for the relief of Rev. Harrison Heermance, late chaplain of the 128th regiment NewYork volunteers. It requires the PayMGen of the Army to adjust and pay the account of Rev. Harrison Heermance, Kite chaplain of the 128th regiment of NewYork vol unteers, for such period as it shall a pear that he actually rendered service as chaplhin of the regiment, and for which he received no pay by reason of defective muster, or otherwise, through no fault of his own.
Mr. WILSON. This resolution came from the HoRep. There is no report accompanying it, but the facts are these: this gentleman was appointed chaplain of a regiment, and went out and served wrth it 3 or 4 months, and has never received any compensation for his services. It is stated by those who are conversant with the case, among others a member of the HoRep who served in the Army, that this Gentleman was a most excellent man, performed good service, and everything in the case is supposed to be correct.
Mr. GRIMES. Why do you not make ai report, so that we may have it upon record?
Mr. JOHNSON. s there no report from the House?
Mr. WILSON. No, sir; but I have stated the facts. It appears that this gentleman was appointed by the Governor of NewYork chap lain of the 128 h re yiment of NewYork volunteers, went into the field, and served for nearly 4 months; but when the time came for him to receive his pay, notice was given by the War Dept that by the strict letter of the law he was not entitled to ay because he had not been recommended}: before the apointment had been made, by the officers of the regiment, although those otheers and everybody concerned, as I understand, were satisfied with his appointment. General Ketchaui, of new Yor, who knows the man, the regiment, and the case, says it is a most meritorious case.
Mr. GRIMES. I have no objection to the passage of the bill that I know of. but I must protest against this rule of callin upon the Senate to pass upon bills of this kind without any written report. U to the last 4 years, such a thing as asking 51c Senate to pass a bill under such circumstances as these was never heard of. I trust, if the ComMilAffrs are going to take jurisdiction of private claims of this dese rition, that they will at least furnish us a recor of them so that we may know from seesion to session upon what principle we are actin. Mr. WILSON. If any member of the Senate desires to have the matter go over, I have no objection. The bill came to us from the HoRep without a report, but I am willing to recommit it to the committee in order to have a written report made on the subject. I have stated the facts of the case.
Mr. SHERMAN. I will move to postpone the pending and all prior orders with a view to take ii the Post O cc appropriation bill.
Mr. WILSON. Will the Senator allow me to recommit this bill for the purpose of having a written report made?
Mr. WILSON. I move to recommit the bill for that purpose. The motion was agreed to. postoffice APPROPRIATION BILL.
Mr. SHERMAN. I now move to postpone all prior orders and take up House bill No. 280, the postoffice appropriation bill.
Mr. TRUMBULL. I hope that will not be done. There is a bill that has been partly considered, of a.very important character, that gught to be passed. Iget letters about it every ay.
Mr. SHERMAN. I can assure the Senator that this bill will take but a short time.
Mr. TRUMBULL. The bill to which I refer is the one in relation to the habeascorpus. It is a bill to protect Union men in the South, and I think it on ht to be acted upon. I imagine every member of the Senate would be willing to vote for it in some form.
Mr. SHERMAN. I will state that I have been renested to call u this bill.
Mr. RUMBULL. do not suppose it is of any importance to pass this appropriation bill now.
Mr. SHERMAN. We desire to hurry on their engrossment. We wish to put the appropriation bills forward.
Mr. TRUMBULL. It is a bill to make appropriations for the next fiscal year.
Mr. SHERMAN. The chairman of the ComFinance renested me to call it up. It will occupy but a few moments. I apprehend it will) only take the time occupie in readin the bill. It is very short.
Mr. RUMBULL. If the Senator persists in his motion I will not antagonize with him, but this other bill has been up, and I suppose it is of no sort ofimpormnce whether the est Office appropriation bill passes now or amonth hence; it will certainly pass at some time.
Mr. SHERMAN. It will take but a few minutes to dispose of it, and as I have the floor I insist on in motion.
Mr. TRUMBULL. It will probably prevent our considering the other bill today. The motion of Mr. Snsmux was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 280), making appropriations for the service of the postoffice Dept during the fiscal year ending the 30t of June, 1867, and for other pn oses. e ComFinance reported the bill with amendments. The 1st amendment was in section 2, line 5, after the wor “ appropriated, ” to strike out the words “to e effect so soon as Brazil shall have performed the condition on her part provided in the law authorizing said service, ” and at the end of line 9to add the following proviso: Provided That this appropriation shall take offoct only when Brazil shall have performed the condition on her part provided in the law authorizing said service. So that the section Wlll read: SEC. 2 and be if Abife: That the followin sums or so much thereofns maybenecessary.be.an the sameare hereby, appropriated for the year ending June 30.1867, out of any moneyin the Treasury not other Wiso appropriated: For themail steamship service between the U.S and Brazil. 150.000: Handed. That this appropriation shall ta O have performed the coenlideintitoonnolyn hwehrepnat Brazil ovsuhIaeldl in the law authorizing said service., The amendment was agreed to. The next amendment was to add as an additional section the followmg: SEC. 4 and be I] Abife: That the PostMGenl be and is hereby, required to report to the SecyTreasury annually. prior to the lst day of November of one year. his estimate of the money required for thy service of the Post Olilcc Dept for the ensuing fiseal year; which estimate shall be reported to Congresswith the printed estimatesof appropriations required by the JtResolution of the 7th of January. 1846. The amendment was agreed to.
Mr. SHERMAN. I am directed by the ComFinance to offer another amendment; to add as an additional section the following: Sec. 5. Abife: That the balance of the appropriation of 8100.00u0nder the 13th sectiono the act “to establisha postal money order system."aptprovedMay 17.1504.which may remain unoxpende at the conclusion of the current fiscal year. may be used.as far as necessary.to supply do ficiencics in the proceedsof thii monooi.lurmum during the fise alyear commencingJu y 1, 1855. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendments were con. curred in.
Mr. HENDERSON. I offer as an amendment, to insert as an additional section the followuig: Abife:.Thatin all casesin which personshave been appomted as asst postmah tors. either during tie session or the recessof the Senate. And whose appomtments have been submitted to the Senate and rejectedor notconsented to before the adjournment of the Senate.no money shall be drawn from the Treasury to pay the salary of such person.under such appointment or under any prp vious appointment as such postmaster, after said adjournment.
Mr. JOHNSON. 2 or 3 of the At torneys General I forget who they were and the President has acted upon it from time to time, have held that an appointment made during the recess continues up to the close of the next succeeding session, whether the nomination has been submitted to the Senate and rejected or not. This is the received opinion now of the Government, and has been acted upon from the days of General Washin n, I believe, but certainly from the days of Mr. John Quincy Adams; but this amendment, if I understand it, holds a doctrine directly the reverse of that.
Mr. HENDERSON. No, sir. The salary may he paid until the adjournment.
Mr. JOHNSON. I ask for the reading of the amendment again. Perhaps I did not understand it.
Mr. HENDERSON. The Senator will observe that the last words of the amendment are “ after said adjournment;” that is, after the adjournment of the Senate. The Senator will see that it does not interfere with the payment up to the date of adjournment. I drew it in reference to that. drew it in a great hurry. My intention was to permit the salary to be paid until the last day of the session, but, beyond that it is not to be paid. The amendment does not conflict with the opinions to which the Sea atnr refers.
Mr. NESMITH. I will inquire of the Son ntor from Missouri, if it is contemplated by this amendment to prevent the payment of salary to a person if he should be reappointed after the Senate adjourns.
Mr. HENDERSON. Certainly not. We have no control over that.
Mr. TRUMBULL. I hope the amendment will cover the case suggested by the Senfrom Oregon, else it will be ausoless provision. If the President the moment the Senate adjourn can reappoint whom he pleases when the vacancy has previously existed, and pay vhim, the confirmation of the Senate amounts to nothing, and the Senators amendment amounts to nothing. I think it on ht to embrace those cases. Vhile I am up, wish to suggest to the Senfrom Missouri another amendment which I think is necessary. Some years ago, I think in 1863, a provision was inserted in an a ipro priation bi lto prevent the payment of so aries to persons who were appomted as officers in cases where no such office existed, and also to prevent the payment to persons who were appointed to h1 vacancies, which vacancies had existed while the Senate was in session and were not filled until after its close. That provision, I think, read something like the one which the Senfrom Missourihas now introduced. It prohibited the drawing ofany money from the Treasury, as I recollect it, to ay those officers. But the point to which I desire the attention of the Senfrom Missouriis this: notwithstanding that provision of the law, the Government found no difficulty in )aying the persons whom it undertook to make officers without authority of law, out of the Deptal contingent funds. The money was not drawn for that purpose; it was drawn as n continvency, to pay the contingent expenses of the rll dept, and was then taken to pay these persons, who were notofficers at all; for the POTUS has no more authoriti to make an officer, when the office is not established by the Constitution or by law, than he has to make n. king. I will call attention to that provision of the statute.
Mr. HENDERSON. Do you allude to the intnte of 18633?
Mr. HENDERSON. It is on page 646 of the 12th volume of the Statutes at Largc. It was attached to the Armv appropriation bill.
Mr. TRUMBULL. This is the provision: “That no money shall be paid from the Trcimnry of the U.S. tonny personacting or assuming to act as an oflirci, civil. military, or naval. as salary in any office. which office is not authorized by some previously existing law, unless whero such officeshall c subsequently sanctioned by law; nor shall any money be paid out of the Treasury as salary to any person appointed during the recessof the Senate to H a vacancy in any oxmting office, which vacancy existed while the Senatewas in session and isbylaw required to be filled by and with the advice and consent of the Senate, until such appointee shall have beenconfirmed by the Senate.” Notwithstanding that statute, persons were paid out of the contingent Fund, as we have earned in response to our resolutions of inquiry, introduced at the present session, I think, by teSenfrom Massachusetts, [Mr. SP.“ 322.] The different De artinents admit that they have been aying o cers
Mr. TRUMBULL. They have done it, I think, out of the contingent fund. I believe their responses show that. I think it is a Virtual violation of the law; it is a violation of the spirit of the net. But I would take away the subterfuge; I would provide in this section that no money shall be rawn from the Treasury for that purpose, and no money shall be pidont of any fund whateverto persons claiming to have an office when there is no such office. The Constitution of the U.S. authorizes the POTUS to appoint all officers created by that instrument or which shall be established by law; but he cannot appoint to an office that is not established by law. Another clause of the Constitution directs that officers shall be appointed by and with the advice and consent of t 8 Sea ate; and still another clause that the President may make temporary a pointiiients to offices in cases of vacancies wiiich occur during the recess of the Senate, and the apointec shall hold his Office until the close of the next session of the Senate. That isa valid a point ineut, and such an Officer is authorizedJ to be paid. But if the vacancy exist while the senate is in session, it is the duty of the Executive to fill it, and he has no authority to fill it afterward. The Constitution of the U.S. vests him with no such power. It is only when a vacancy happens during the recess that he can fill it Without the advice and consent of the Senate. If, then, a vacancy exists now or before the Senate adjourns, while it is in session, there is but one way under the constitution of the U.S. to fill that office, and that is, by and with the advice and consent of the Senate; and if the Presidentlomits to make a nomination, or makes a nomination which is rejected by the Senate, the office must O vacant until the Senate shall meet and conrm the appointment.
Mr. GRHIES. I suggest to the Senator that we let this bill go over and have the amendment printed, in order to take up the habeas corus bill.
Mr. TRUMBULL. This is, erhn s, a matter of some importance, and thin, as my friendfrom Iowa suggests, that we had better let it go over and let the amendment be printed, so that we may consider it carefully. I think this amendment ought to be so worded that under no circumstances could the money of the people be taken to pay persons who are bold in positions not provied for by law, or are holding them contrary to the Constitution and the law. I move that this bill be postponed until tomorrow, and that the amendment offered by the Senfrom Missouribe printed, in order that we may see exactly what it is.
Mr. HENDERSON. I have no objection to that course being taken, and I will add a slight amendment to the amendment as it now stands.
The PRESIDING OFFICER. It is moved that the iendin bill be postponed until tomor row, an that tghe amendment of the Senfrom Missouribe printed. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsasos. its Clerk, announced that the HoRep had passed the bill (S.No.248) for the relief of James G. Clarke. BNROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled bill and JtResolution; which were thereupon signed by the President protempore of the Senate: A bill (S. be. 248) for the relief of James G. Clarke; and A JtResolution (H.R.No. 102) for the relic! of Alexander Thompson, late U.S. consul at Maranham. PROTECTION OF U.S. OFFICERS.
Mr. CLARK. I move that the Senate now proceed to the consideration of House bill No. “.38, in relation to the habeascorpus. The motion was agreed to; and the Senate, as in ComWhole resumed the consideration of the bill (H. No. 238) to amend an act entitled “An act relating to halfias empus, and regulating judicialings in certain cases, ” approved lpraorccehed 3, 1863, the pending question being on the amendment reported by the ComJudiciary to add at the end of the 1st section the following: acBtiuotnn foorsaunchy onrodtedrosnhealolrboemaidtteefdentosebtoeadnoynesuit or the pussuaeof after this act.
Mr. EDMUNDS. I propose to amend the amendment reported by the committee by inserting in line 18, after the word “shall, ” the words “by force of this act or the act to which this is an amendment;" so that it will read: But no such order shall, by force of this act or the aaentyto which this is an amendment.be a defenseto suit or action for an notdone or omitted to be done after the passage of this act.
Mr. CLARK. I think there is no objection to that amendment; I believe, on the whole, that it is proper. The amendment to the amendment was agreed to. The amendment, as amended, was adopted.
Mr. EDMUNDS. I now move, in section one, lines 3 and 4,to strike out the words “or other trespasses or wrongs done or committed.” The object of this amendment is, not to diminish the scope of subjects upon which this section operates, but to take out from the section what is a manifest admission that certain trespasse s and wrongs have been done and committed which Congress is asked to justif by a mere enactment or edict. For one, I0not admit that the searches, seizures, arrests, and imirisonments which we design to reach are either trespasse s or wrongs; and it will be anomalous, it appears to me, in legislation to declare in a law which we pass, that we dojus tify, even if we have the power, anything which is a trespass or a wrong. an act for which a citizen is entitled, by all the principles of law, to redress. Therefore, my esigu is that these obnoxious words, to me, may be stricken out, so that the section will read: “ that any search, seizure, arrest, or iin risonnient made, or any acts done or omitte, ” &c., without giving character to the act. Let the law decide that.
Mr. HOWARD. I see the object of the Senfrom Vermont, but it occurs to me that we should retain the words “ trespasses or wrongs.” The language of the section applies it only to cases of search, seizure, arrest, or imprisonment; that is to say, that will be the application if the amendment is carried. It secmsto me I would not narrow it down to that particular description of acts. There may be some acts performed which are neither searches, seiz urcs, arrests, nor imprisonments, which ought to come within the purview of the act. I therefore venture to suggest to the honorable Senator that he modif his amendment so as to insert the word “ul eged" before “trespasses;” so that the section would read, “ or other alleged trespasses or wrongs done or committed.” Will not that meet the idea which the Senator entertains?
Mr. EDMUNDS. It appears to me that the terms following the words “imprisonment made, ” which are, “ or any acts done or omit ted to be done during the said rebellion, " &c., are as broad as language can possibly be made. They are words of the must general character; and therefore my friendfrom Michigan is mistaken when he supposes that this section will be confined to searches, seizures, arrests, and imprisoiimcuts, merely; because then, With the amendment, the bill proceeds to declare in the broadest possible terms, “ any acts done oromittedtobe oiieduring the said rebellion." If we desire by language which is perfectly supreme in its scope to cover every species of act which may be done, I am sure no more chosen or fit language could possibly be adopted; and therefore it appears to me for the sake of good taste, as wel as for the sake of consistency, we ought not to begin an enactment in this Congress by declaring that we justify by a mere edict anybodys trespasses or nnybodys wrongs.
Mr. CLARK. I think this is mainlya question about the construction of the bill or rather a question of verbiage more than anything else and I am not certain that the amendment of the Senator would not be an improvement in the expression. I certainly have no objection to the adoption of the amendment, for I think the Senfrom Michigan will agree that the words followin " or any acts done or omitted to be done” wi 1include everything that could be done by anybody; so that ifthe Senfrom Vermont as any choice about it, I am entirely willing that the amendment should be agreed to.
Mr. TRUMBULL. The same reasoning would strike out. all the other words, and you might just as well leave out the words “ search, seizure, arrest, or imprisonment made, "and let the section read: That any acts done or omitted to be done during the saidrebellion by anyofficeror person, 62c. But Iwill state that this section is copied after a statute already in existence passed some years ago, and although the general terms might embrace all these things, I think it is safer to leave these words in. They are in the former act.
Mr. CLARK. They are in the former act, but they are not in the sections which are alluded to in this bill. They are in the follow in section.
Mr. TRUMBULL. These are the very words, as I recollect, of the former act.
Mr. CLARK. They are the very words of the former act, but not in this sense or context. They are in the section following. the 7th section. I think the Senator Will find it on age 765 or 756 of the 12th volume of the Statutes. They are in the main immaterial.
Mr. TRUMBITLL. The 5th section of the act of 1863 provides: "That if any suit or prosecution, civil or criminal, has beenor shall be commencedin any State court against any officer, civil or military or againstany other person.for any arrestor imprisonment made or other trespasseaor wrongs done or committed or any act omitted to be done"
Mr. CLARK. This follows the language of that section.
Mr. TRUMBULL. Yes, sir“at any time during the presentrebellion, by virtue or undercolor of any authority derived fromor exercised by or under the President, f 8:0.
Mr. CLARK. I do not think the amendment is material.
Mr. TRUMBULL. I do not think myself that it is very material whether the words are out or in. suppose you might leave all the words I have suggested out, and I do not know but it would receive the same construction; but there might be a difference of opinion about that. Some courts might hold that the general language “ any act done or omitted to be done" would have one construction, and some an other. The object of the law certainly should be to protect our officers who, acting in obe dience to military authority, committed any trespasses or wrongs of any kind or made any seizures or imprisoned anybody when in the discharge of their duties in obedience to orders for the suppression of the late rebellion. I should myself be quite as well satisfied to let the section remain just as it is.
Mr. wll.LlAMS. I respectfully suggest to the chairman of the committee the substitution of the words “ or auyinjury to property orperson.” Will not that answer eve purpose and avoid the objection made by the gentfrom Vermont?
Mr. CLARK. That would be about as bad, would it not?
Mr. EDMUNDS. The previous act, in which this same language has been used, uses it in an entirely different connection. The words are there used in respect to the removal of causes from the State courts to the Federal courts, and in such an act it may be perfectly proper to characterize the subject of an action as a trespass or a wrong. because if the .Fed eral officer has committed a trespass or a wrong for which he may be civilly responsible, it is perfectly appropriate that the national tribu nals should adjust the differences between himself and the person whom he has injurcd; and hence the o d act appropriate] enough.uses this term. Here we are calls upon, in this 1st section, not to provide for the removal of I causes of action for trespasse s or wrongs, but to provide by a mere enactment a defense a: post /hcto. Now. I should be sorry indeed 5 it is something more than a more question of, taste l should be sorry indeed to set the 1st example, I think, in the history of legistation, of commencing an enactment by admitting that I had committed or my officer had committed a tres pass which in the end Iunder took to justify by an arbitrar law. Ihope, therefore, that the Senate will consent to the erasure of those words, which certainly in my opinion will not weaken the just force of the section.
Mr. HENDRICKS. I should like to hear the amendment proposed by the Senfrom Vermont read. I believe that is the amendment before us.
The Secretary read the amendment, which w“as in section one, line 3, after the word made, ” to strike out the words “or other trespasses or wrongs. done or committed;" so that the section will read: That any search, seizure. arrest or imprisonment made, orany actsdone or omitted to be done during the said rebellion by any officeror person.&c. The amendment was agreed to.
Mr. CLARK. There is a little amendment that should be made in the 11thline of the 1st section. The words “done or” should be inserted after the word “50;” so that it will read, “or any acts were so done or omit ted to be done.” It is an omission in the printing of the bill. The amendment was agreed to.
Mr. HOWARD. I venture to suggest another amendment in the 13th line of the 1st section. The language as it now reads is this: Or any actswere so done or omitted to be done, either by the person or officer to whom the over is addressed, or y any other lit Mm aidinil or assisting him thercin shall be llOld, flfl(Iare hereby declared, to comewithin the purview of the act to which this is ameudatory. I move to insert after the word “ addressed" the words “or for whom it was intended.” It may turn out in some cases that the order was misdirected by a mere clerical error, or the person for whom it was intended was misnamed in the orders innocently, and that he acted under the order nevertheless; but as the section is drawn, no person can avail himself of the protection of an order unless it should happen to be directed to him, although wrong y addressed by a clerical error. It seems to me this amendment will make it more exact and will enlarge the scope somewhat of the clause, and of the protection intended to be afforded. I propose to insert the words, “or for whom it was intended, " leaving the matter ofintention as a question of proof to be introduced upon the trial.
Mi“. CLARK. It does not occur to me that there is any great objection to that. I do not now see any objection to the amendment. The amendment was agreed to.
Mr. CLARK. The word “ is, " the 1st word i“n the 13th line. should be changed to was, ” so as to read "was addressed.” The amendment was agreed to.
Mr. HOWARD. The act to which this is an amendment is only referred to in the title of this bill. I suggest to the honorable Senfrom NewHampshire that there should be a direct reference to it in the body of the bill.
Mr. TRUMBULL. There is a reference to it in the 1st section.
Mr. HOWARD. The act to which this is an amendment is reall referred to. if l mistake not. only in the title of the bill. 1 suggest that the title of that act should be inserted after the word “ act” in the 17th line; so that it will read: and within the purview of the 4th, filth and 6th sectionsof the not entitled “An act relating to habensenmicv and reguliitimzjudicial proceedin sin certain muses, "approved March 3. 1 g lt is a mere matter of form, to give the bill more symmet l.
Mr. CLARE. It seems to me it is hardly worth while to repeat the title of that act. The word “said” before the word "act" must refer to the notmentioned in tlll title of this bill, and nothing else. There is no other not referred to, and there cannot be a mistake about it.
Mr. HOWARD. Suppose we do not adopt the title. The title is no part of the law.
Mr. CLARK. If we amend the title then we can change the bill.
Mr. HOWARD. I will not insist upon the amendment. It is usual, after the recital of the not proposed to be amended in the title of a bill, to make it definite by inserting it in the body of the bill.
Mr. JOHNSON. Isuggest to the honorable Senfrom Michigan whether it would not be sufficient it is not at all necessary, because it is stated in the preamble to add after the word “act” in the 17th line the words “of March 3, 1863.” That will make it certain.
Mr. HOWARD. That will do just as well, v and I will accept that as a modification of my amendment. The amendment, as modified, was agreed to.
Mr. TRUMBULL. Is that not all there is here? Would not any officer be liable still, notwithstanding this bill, for an excess of authority just as a sheriff or anybody else would? This is only a protection for a man who does an act under and by virtue of an of der. That is the extent of this bill; it goes so far and no further. For acts wantonly and maliciously done this bill would not protect him.
Mr. COWAN. Then, Mr. President, the bill is much more limited in its terms and the construction which the honorable chairman of the ComJudiciary would put upon it than I have an osed.
Mr. THUMB L. I submit to the Senator to read it himself, and I ask him as a lawyer whether he would put any other construction upon it. It professes to protect persons for acts done “under and by Virtue of any order written or verbal, general or special, issue by properofficers, Now, I ask him as a law yer and as a Senator if he would hold that that protected a man for doing anything he might do, whether the order covered it or not. I apprehend no court would ive it such a construction and I submit to tie candor of the Senator himself if in arguing it it is fair to assume that it is obnoxious to the objection that he makes.
The PRESIDING OFFICER. The nestion is on the amendment moved by the ena tor from Vermont.
Mr. JOHNSON. How is itproved? Ishonld like to know.
Mr. CLARK. I have it from the member of Congress who was in the court when it was one.
Mr. JOHNSON. One of the superior courts?
Mr. CLARK. One of the courts of one of the States. I do not know whether it was the superior court, but it was one of the courts which had cognizance of the thing.
Mr. JOHNSON. A justice of the peace, perhaps.
Mr. CLARK. Not a justice of the peace, but somebody who hadjurisdiction of the cause; and it becomes absolutely necessary thatthere should be some set to protect the men who have been fighting our battles for us and put tin this rebellion down. How long ago was it that General Terry came here from Rich mond in the pursuit of his ordinar business, and was prosecuted here in this district for something he had done somewhere in the Dept of Virginia? and so on tbrough the and No longer a O than last. evening read an account from a NCarolina paper that all through that State, since the rebelion has been subdued, and the rebels are returning, suits nrespringing up from one end to the other; and these rebel courts are ready to decide against your Union men and acquit the rebel soldier. It the Governor of one of those States had not interfered with his pardon, men would hum gone to the State prison in that State for doing acts in pursuance of putting down the rebellion and now the Senfrom Vermont moves that this bill shall not apply to a loyal State, but shall be confined to States where the habeascorpus hits been suspended. I must say I was surprised that the amendment should come from the Senfrom Vermont; but I was not at all surprised that it should be indorsed by the Senfrom Pennsylvania.
Mr. CONNESS. That was as natural as could be.
Mr. EDMUNDS. I hope the Senfrom NewHampshire will not dishonor the paper, if it is good, on account of the poorness of the indorsement. [Laughter]
Mr. CLARK. Certainly I would not, but I will so. thatif the Senator had been with us here iiring the rebellion, he would not have signed that:1 er.
Mr. COWAN. I hope that the honorable Senator may allow me to indorse that paper.
Mr. NYE. Will it improveitany? [Laughter. ]
Mr. COWAN. I think it would. I amvpretty well satisfied that if the Senfrom Nevada had a good deal of his indorsed in the same way it would improve it. [Laughter] But 1 have been in the habit ofindorsing paperfrom the some State from which the honorable senator [Mr. Enuvsns] hails, and I am proud to seet at the place of a Senator and a lawyer who formerl distinguished these Halls by his presence, (Mr. Collauier) and with whom I ad the honor to agree, I think, much oftener than the honorable Senfrom NewHampshire, is filled by one who offers paperthat. can uin be indorsed by me.
Mr. CLARK. I have no doubt in the world that the honorable Senfrom Pennsylvania is glad to see a bit of paperof this kind from Vermont, it is so unusua; and I knew as well when it was offered that he would indorse it as I did after he put his name without recourse on the back of it. N 0w. Mr. President, what is the reason why we undertake to shield these men in a case of this kind 2 1st, because they are in pursuit of a worthy cause in putting down the rebellion; and 2ndly, because when a soldier is commanded to do a thing he cannot resist it. The soldier has the order of his superior to go and do so and so. What shall he say? “I will not do it, sir.” Then he is court mar tialed or put in the guard house at once. He obeys; he cannot well do otherwise; and then because he is in a loyal State he is not to have thirprotection of the Government, forsooth!
Mr. TRUMBULL. The Senfrom Ver mont was the author of the law of 1863.
Mr. CLARK. I understand that the old Senfrom Vermont was the author of that Tim, and I did not know that the Senfrom Pennsylvania indorsed it.
Mr. COWAN. I did indorse it; and if the Senfrom NewHampshire does not know it, I can tell him that I myself was the author of some of its revisions.
Mr. CLARK. I am glad to hear him say so for I have had it. my mind, somehow or other, that the Senfrom Pennsylvania had been changing around; now he has indorsed the contrary.
Mr. COWAN. A ver intimate friend of mine was supposed at he time that bill was passed to be in some trouble in this particular irection; and I am not so certain whether the honorable Senfrom NewHampshire, who is generally exceedingly captions and exceedingly tart, did not somewhat reflect on me at that time because I was constructing that bill in order to shield my friend; but we did not make it go beyond the order of the President or his authority at. that time.
Mr. EDilUNDS. Does the Senfrom NewHampshire mean to contend that an excess in degree in the execution of one of these orders, and not in kind, can be made the subject of an action under this statute?
Mr. CLARK. I suppose it would be in that case exactly as in other cases parallel to it, that if that excess in degree showed that the man was wreaking his vengeance and doing mise hief instead O fairly following his order, it would not, protect him.
Mr. EDM NDS. Leaving aside the question of motive, if there was in fact an excess in degree, what then?.
Mr. CLARK. I so pose the question of motive must be left to the jurywbo try the case.
Mr. EDHUNDS. But suppose, leaving aside the question of motive, they find that in point of fact the act was in degree excessive.
Mr. CLARK. Who decides the question of motive?
Mr. EDMUNDS. Supose we leave that aside altogether, and findhhat in point of fact there is an excess in degree in the execution of the act to be done.
Mr. CLARK. That would be aquestion for the court entirely and the jury as to the excess. because if there was great excess you would infer from that a bad motive.
Mr. EDMUNDS. Suppose there was not great excess, but merely some excess?
Mr. CLARK. Then it seems to me if there was a little excess, and he did not intend it, and you la the motive aside, it should protect him and there is no great complaint of a thing of that kind; it is not worth complaining of; it is a distinction without a difference almost.
The PRESIDING OFFICER. Senators will address the Chair.
Mr. CLARK. I do notunderstand that Latin is without the order of the Senate. What we desire is protection to these men in acts of this kind. Vly O do not desire to shield anybody who has been guilty of doing what ought not to be done, or who has under such an order under taken to wreak his vengeance or do mise hief, butit is provided for the 10 al men of the country who have been engage in putting down this reellion; and if in the great struggle that we have been obliged to make some men have done acts that were wrongful and we are obliged to exeusethem to protect the great mass, we had better do it than et the servants of the Republic be tormented as they are in the courts.
Mr. CONNESS. Will the Senator permit me a word? I desire to suggest to the Senator that we are every day granting amnesty to rebels for the highest crimes known to the law. Who is against granting amnesty to some loyal men who have been fighting the battles? That is the suggestion I desire to make.
Mr. CLARK. It is a very pertinent suggestion. Those men.who have been pursuing our soldiers and murdering them everywhere they could find them almost, are comin here to the POTUS, to those having power, and imploring pardon for all their acts.
Mr. NYE Can the public go to prison for him?
Mr. EDMUNDS. They ought to go to prison fOiiJiiin.
Mr. EDMUNDS. If he goes to prison, it is only as a consequence of the criminal procedure, which the public of course by a pardon can at any time dispense from and it is open to a little doubt whether this act applies to criminal cases at all. It ought to app y to them. If it is a civil case, certainly the public can stand between the officer and all harm by paying the damages which the law declares in favor of the part whose private rights have been invaded. there are 2 classes of peo la in this country to be looked at in this matter. here are the soldiers who must be protected, and there are the citizens who mustbe protected. They must both be protected in the exercise of their rights. It is the right, as it is the duty, of the soldier to obey the commands of his superior officer, and he must be protected in doing so. It is the right of the peaceable citizen in a loyal community where civil law prevails to be secure from search, seizure, arrest, or imprisonment, except by due process of law or the judgment. of his peers. One right is as sacred as the other, and therefore in our hasty zeal to protect one class of the community let us not do it at the expense of another who equally deserve protection, but let us so adjust our legislation by way ofindemnit, rather than of arbitrar edict, as to provide or both.